111 E. Commercial Street
Willits, California 95490
Tel | 707.459.4601
Fax | 707.459.1562
www.cityofwillits.org
WILLITS CITY COUNCIL
AGENDA
JANUARY 8, 2025 | 6:30 PM | CITY COUNCIL CHAMBERS
1. OPENING MATTERS
a. Call to Order. | b. Pledge to Flag. | c. Roll Call.
2. PUBLIC COMMUNICATIONS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on the agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.
Members of the public are asked to observe the rules of decorum. While the City Council welcomes public criticism of policies, procedures, programs, or services of the agency; behavior that disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and that includes, but is not limited to use of profanity, slurs, yelling from the audience, threatening remarks, physically threatening conduct, or physical or verbal displays of disrespect, will not be tolerated and the individual will be removed immediately.
3. PUBLIC MATTERS
4. ENACTMENT OF ORDINANCES
a. None.
5. CONSENT CALENDAR
The City Council considers matters listed under the Consent Calendar as routine. The Council will take action with a single motion and roll call vote. A Councilmember may request the removal of an item(s) from the Consent Calendar for separate discussion and subsequent action.
The following items as presented are before the City Council for approval or denial:
a. City Council Minutes:
i. December 11th.
ii. December 17th – Special Meeting.
Willits City Council Agenda – January 8, 2025.
6. MONTHLY ACTIVITY REPORTS
Matters that do not require action by the City Council but are of public interest. a. Accounts Payable Activity Report: December 2024.
b. Business License Activity Report: December 2024.
c. Building Permit Activity Report: December 2024.
7. COMMISSIONS, AGENCIES AND AUTHORITIES
The Willits City Council meets concurrently as the City of Willits Planning Commission & City of Willits Successor Agency.
a. None.
8. CITY MANAGER REPORTS AND RECOMMENDATIONS
a. Request by Redwood Waste Solutions, Inc. for a Consumer Price Index Increase of
2.55-percent Applied to all Service Accounts Within the City. b. Verbal Reports – No Action.
9. DEPARTMENT RECOMMENDATIONS (ACTION ITEMS)
a. Discussion and Possible Action to Adopt a Resolution Awarding a Professional Services Contract to EBA Engineering for Landfill Post-Closure Compliance Services for a Two-Year Term, with a Total Not-to-Exceed Amount of $82,412.40 ($41,206.20 for the First Year and $41,206.20 for the Second Year), and Authorizing the City Manager to Execute the Contract.
Presenting staff member: Walter Kolon, Services & Facilities Director. b. Adopt a Resolution to Approve a Professional Services Contract with Tall Tree Engineering for On Call Services as the City Engineer Defined as a Consultant in a Management Support Role (CMSR) for an Amount not to Exceed $150,000 with a Term Ending June 30, 2026.
Presenting staff member: Walter Kolon, Services & Facilities Director. c. Review and Approve the City of Willits 2023 General Plan and Housing Element Annual Progress Reports.
Presenting staff member: Dusty Duley, Community Development Director. d. Introduction by Title Only a Revision to Section 8.26.090 - Suspension, Termination or Revocation of License Provisions of the Willits Municipal Code.
Presenting staff member: Phillip Davidson, Code Compliance Officer e. Introduction by Title Only to Insert Chapter 8.24 – Nitrous Oxide Sales Into the City of Willits Municipal Code, Making it Unlawful for Any Person in the City, with Exceptions, to Sell or Attempt to Sell, Offer, Distribute, or Provide Nitrous Oxide to Any Person.
Presenting staff member: Phillip Davidson, Code Compliance Officer
10. CITY COUNCIL ANNOUNCEMENTS, COMMUNICATIONS AND REPORTS
11. GOOD & WELFARE
12. CLOSED SESSION NOTICE
a. Conference with Legal Counsel - existing litigation (CA Govt. Code §54956.9 (d)(1)); in the matter of Craig Anthony Gelber vs City of Willits, et al, Case No. 3-23-cv-00681- JSC, United States District Court for the Northern California District.
Willits City Council Agenda – January 8, 2025.
b. Conference with Labor Negotiator Pursuant to Government Code §54957.6 – Agency Negotiator Patrick Clark, Patrick Clark Consulting and City Manager Bender.
Employee Organization(s): International Brotherhood of Electrical Worker (IBEW).
13. ADJOURNMENT
Right to Appeal - Persons who are dissatisfied with the decisions of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the Code of Civil Procedure, which generally limits to 90-days, the time within an individual and/or entity may judicially challenge the decisions of the City Boards and Agencies.
I hereby certify under penalty of perjury under the laws of the State of California that I posted the foregoing Agenda on the bulletin board at the main entrance of the City of Willits City Hall, located at 111 East Commercial Street, Willits, California, not less than 72 hours prior to the meeting set forth on this Agenda.
Dated this 3rd day of January, 2025.
Delores Pedersen, City Clerk
Americans with Disabilities Act (ADA) Compliance
If you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at (707) 459-7113 or Fax (707) 459-1562. Notification at least 48 hours prior to the meeting will assist the City Clerk in assuring the implementation of reasonable accommodations to provide accessibility to the meeting. Our meeting room is wheelchair accessible and ADA parking is available.
Additional Meeting Information for Interested Parties
Materials related to an item on this Agenda submitted to the Willits City Council, Planning Commission, or Community Development Agency after distribution of the agenda packet are available for public inspection at City Clerk’s office at 111 E. Commercial Street, Willits, during normal business hours, Monday through Thursday 9 AM to 5:30 PM. 111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX
WILLITS CITY COUNCIL
MINUTES
WEDNESDAY DECEMBER 11, 2024
Mayor Rodriguez called a regular meeting of the City Council to order at 6:30 p.m., in Council Chambers. The meeting was preceded by the pledge to the flag.
Roll Call: Councilmembers Madge Strong, Larry Stranske, Vice Mayor Gerardo Gonzalez and Mayor Saprina Rodriguez were present. Absent: Councilmember Greta Kanne.
Also present were staff members: Brian Bender, City Manager; Cathy Moorhead, Assistant City Manager; Jim Lance, City Attorney; Dusty Duley, Community Development Director; Walter Kolon, Services and Facilities Director; Michael Parish, Interim Police Chief; and Delores Pedersen, City Clerk.
CHANGES HAVE BEEN MADE TO THE ORDER OF THE MEETING DUE TO NEW COUNCILMEMBER APPOINTMENTS.
Mayor Rodriguez announced that the City received the resignation of Councilmember Kanne on December 11, 2024.
Jim Lance, City Attorney, explained the options the City Council had to fill the vacancy left by Councilmember Kanne.
2. Public Communications
Tobin Steiskal requested that the Council review Roberts Rules of Order. Nicole Caldwell requested that the Council declare a home in her neighborhood a public nuisance due to the amount of trash that accumulates around it that attracts rodents. Ms. Caldwell asked that this item be placed on a future agenda. Lorenzo Rodriguez (Son of Mayor Rodriguez) thanked his mother for her time on the City Council.
Linda Burns (Mother of Mayor Rodriguez) expressed how proud she is of Mayor Rodriguez.
3. Consent Calendar
The following item(s) are recommended for approval or denial, as follows:
a. City Council Minutes:
Willits City Council Minutes of December 11, 2024 Page 2 of 7 i. November 13, 2024.
Public Comment: None presented.
Moved by Strong/Seconded by Gonzalez and carried unanimously to approve Consent Calendar item(s) (a).
4. Public Matters
a. Adopt Resolution Declaring Results of General Municipal Election Held on November 5th.
Presenting staff member: Delores Pedersen, City Clerk.
Public Comment: None Presented
Moved by Stranske/Seconded by Strong and carried unanimously to adopt Resolution (No. 2024-68) reciting the fact of the General Municipal Election, held on November 5, 2024, declaring the result and such other matters as provided by law.
b. Special Presentation.
Delores Pedersen, City Clerk, presented Mayor Rodriguez and Councilmember Strong with plaques and bouquet of flowers for their time on the City Council. - Brief Recess and Reception -
RECESS AND RECEPTION: 7:05 pm. – 7:20 pm.
Councilmember Allman and Alaniz took their place at the dais after the reception.
CITY MANAGER BENDER PRESIDING TO PRESENT AGENDA ITEMS 4C, 4D & 4E.
c. Swearing-In of Newly Elected and Re-Elected Councilmembers. d. Nomination and Appointment of Mayor.
Moved by Gonzalez/Second by Allman and carried unanimously to nominate and appoint Larry Stranske as Mayor.
e. Nomination and Appointment of Vice Mayor.
Moved by Allman/Second by Stranske and carried unanimously to nominate and appoint Matthew Alaniz as Vice Mayor.
MAYOR STRANSKE PRESIDING AT 7:30 P.M.
f. Little Lake Fire District monthly update – written report provide by LLFD. g. Update from Third District County Supervisor John Haschak. Thanked Saprina Rodriguez, Madge Strong and Greta Kanne for their time on the City Council.
Willits City Council Minutes of December 11, 2024 Page 3 of 7 Supervisor Haschak will be Chair of the Board of Supervisors for 2025. There will be a training held in Redwood Valley for the Board of Supervisors to attend.
Training topics will include teamwork, communication with the public, public safety and homelessness issues. The training will be available for the public to view via zoom.
Attended an Art Exhibit at the Grace Hudson Museum. The art display was from the artist Ray Strong, uncle to Councilmember Strong.
At the Board of Supervisors meeting on January 17th there will be a fee hearing, one of the items on the agenda for discussion is doing away with the Mendocino County Museum Fees. This will allow the Friends of the Museum group to establish the new fees.
Public Comment: None presented.
h. PUBLIC HEARING: To Discuss Both Future Applications for Funding Under the Community Development Block Grant (CDBG) Small Cities Program and to Consider Adoption of a Resolution Authorizing Submittal of an Application in Response to the 2024 Small Cities CDBG Notice of Funding Availability.
Presenting staff member: Dusty Duley, Community Development Director Dusty Duley, the city’s Community Development Director and Mendocino Community Health Clinic staff, Anna Shaw, Chief Compliance and Business Development Officer and Rod Grainger, Chief Executive Officer, presented to the Council on the CDBG program and the proposed grant application.
Public Comment:
Community members spoke on various topics such as:
Using local contractors to build the MCHC Health Facility. More mental health services in Willits.
The dollar amount in the Resolution will be modified to reflect the following:
Health Facility (Planning and Design) - $287,384
General Administration - $ 19,626
Moved by Gonzalez/Seconded by Alaniz and carried unanimously to adopt Resolution No. 2024-69 approving an application for funding and the execution of a grant agreement and any amendments thereto from the 2024 funding year of the State CDBG Program NOFA dated August 30, 2024.
5. Enactment of Ordinances
None presented.
6. Monthly Activity Reports
Matters that do not require action by the City Council but are of public interest. a. Accounts Payable Activity Report: October 2024 & November 2024. b. Business License Activity Report: October 2024 & November 2024. c. Building Permit Activity Report: October 2024 & November 2024.
7. Commissions, Agencies and Authorities
Willits City Council Minutes of December 11, 2024 Page 4 of 7 None presented.
8. City Manager Reports and Recommendations
a. Introduction of Interim Police Chief Michael Parish.
City Manager Bender introduced the new Willits Interim Police Chief, Michael Parish.
Mr. Bender also expressed his gratitude and the gratitude of the city for past Interim Police Chief Chris Dewey.
Interim Police Chief Parish was happy to report that the City of Willits has outstanding Police Officers and 911 Dispatchers that are dedicated to serving the City of Willits and he looks forward to working with and mentoring them during his time with the City of Willits.
b. Presentation of a request Madge Strong to be appointed as a temporary City Council representative to the Mendocino Solid Waste Management Authority (MSWMA) Meeting.
This item was pulled because it was discovered that the Joint Powers Agreement does not allow for a temporary appointment that is not an elected official.
Public Comment: None presented.
c. Verbal Reports – No Action.
i. Project Reports:
• 2024 Pavement Preservation.
Services & Facilities Director, Walter Kolon reported that the project has the manhole cover on E Commercial Street left to complete this project. Argonaut Construction will be repairing this manhole in January.
• Underground Utilities.
There was a delay in December with the hook up of the waterlines that were installed due to the weather, there is hopes to have the project complete by Mid-January.
• Baechtel Road / PG&E Sidewalk.
Road re-alignment will start the beginning of January, it is expected that the project will be completed by late February.
Public Comment: None presented.
9. Department Recommendations (Action Items)
a. Amend the Budget by $231,489.15 to Accommodate a PG&E Connection Fee to Allow the City to Link the Wastewater Treatment Facility Solar System to the Utility’s Grid. The Amendment Increases Appropriations to the Wastewater CIP Fund 410 and Wastewater Fund 510, Resulting in a Revised Overall Project Cost of $4,935,498.15 (the previous total was $4,704,000).
Presenting staff member: Leiloni Shine, Contract Planner Public Comment:
Nicole Caldwell inquired if the Solar System will help offset the City’s monthly cost for power at the Sewer Plant. Mr. Kolon responded that yes there would be a savings, Mrs. Shine further responded that the City is enrolled in the Willits City Council Minutes of December 11, 2024 Page 5 of 7 NEM 2.0 rate status, which locks in a reduced rate with PG&E. City Manager Bender further explained that the solar panels will be generating electricity that will be distributed to the PG&E grid, the solar is not being directly used by the Wastewater Treatment Plant. The NEM 2.0 rate status ensures that if PG&E rates increase in the future the Wastewater Treatment Plant will remain at the NEM 2.0 Rate.
Moved by Gonzalez/Seconded by Alaniz and carried unanimously to adopt Resolution No. 2024-70 to approve amendments to the City of Willits FY24-25 Budget not to exceed a total of $4,935,498.15, including payment to Pacific Gas & Electric Company (PG&E) for one time cost of ownership fees for the new Sports Park Interconnection site system upgrades ($231,498.15) and revised the total contract payment to Syserco Energy Solutions (SES) for the completion of a design and installation of a proposed Solar Photovoltaic (P.V.) System at selected sites within the City ($4,704,000).
10. Department Monthly Reports.
a. Airport. – Nothing to add.
b. Community Development.
Community Development Director, Dusty Duley gave updates to the various grants that were in his written report.
Councilmember Alaniz thanked Community Development Director Duley for all the work that has been done and states that the City is going in the right direction.
c. Finance. – Nothing to add.
d. Police Department.
Interim Police Chief, Mike Parish added that in January there would be two new Police Officer Candidates attending the Police Academy. e. Services & Facilities.
Services and Facilities Director, Walter Kolon, commended the City Staff for the work they have done during the inclement weather.
f. Utilities.
Services & Facilities Director Kolon reported that staff has been busy with waterline leaks.
No action taken.
11. City Council Announcements, Communications and Reports Councilmember Gonzalez-
Nothing to report, wished everyone a Merry Christmas and Happy New Year.
Councilmember Alaniz -
Wished everyone a Happy Holiday and thanked everyone for their support.
Mr. Alaniz looks forward to a successful four years with the City Council.
Mayor Stranske -
Willits City Council Minutes of December 11, 2024 Page 6 of 7 Requested that a closed session be held to allow the council to become acquainted.
Madge Strong responded that she does not believe that such a meeting can happen. City Manager Bender reported that there would be a Strategic Planning Meeting scheduled in early February.
Madge Strong reported that the Sonoma clean power meeting that she attended in December, while an active Councilmember, Sonoma Clean Power will be distributing $10,000,000 in surplus revenue, half will go to new local energy generation projects and half will go to savings for customers. Ms.
Strong reports that Sonoma Clean Power is 5 – 7% below PG&E Rates.
Sonoma Clean Power has called for a Plan from the State to close the Diablo Canyon Nuclear Power Plant.
Public Comment: None presented.
No action taken.
12. Good & Welfare
Madge Strong – Announced that WELL is sponsoring the motel program for the Community Services and Food Bank to provide overnight stays for the homeless in Willits during this winter.
Councilmember Allman – Saturday, December 14th is the Truckers Light Parade and Christmas Tree event in the Bud Snider Park. Jennifer Drew, President of the Willits Educational Foundation reported that the Light Parade would take place rain or shine. Starting at 6:00 pm. The Parade starts at the Evergreen Shopping Center and ends at Bud Snider Park where the Light Up the Park event will take place.
John Kvasnicka inquired about the status of the Banner Poles. Community Development Director, Dusty Duley responded that there are hopes to bring an item to council is January to put the project out to bid.
City Council Adjourned to closed session at 8:38 pm.
13. Closed Session Notice
a. Conference with Legal Counsel – Anticipated Litigation: Initiation of Litigation pursuant to Paragraph (4) of Subdivisions (d) of §54956.9: One case.
Council reconvened to open session at 10:19 pm with no action to report. d. Conference with Labor Negotiator Pursuant to Government Code §54957.6 – Agency Negotiator Patrick Clark, Patrick Clark Consulting and City Manager Bender. Employee Organization(s): International Brotherhood of Electrical Worker (IBEW).
Council reconvened to open session at 10:19 pm with no action to report, but direction was given to City Manager Bender and the Negotiating Team.
14. Adjournment
Willits City Council Minutes of December 11, 2024 Page 7 of 7 Mayor Stranske declared the meeting adjourned at 10:20 p.m.
For more information on the December 11, 2024 Willits City Council Meeting please view the recording on YouTube.
________________________________
LARRY STRANSKE, Mayor
City Council for the City of Willits
ATTEST:
_____________________________
DELORES PEDERSEN
City Clerk
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
(707) 459-4601 TEL
(707) 459-1562 FAX
Willits City Council Minutes of December 17, 2024 Page 1 of 2
WILLITS CITY COUNCIL
SPECIAL MEETING
MINUTES
TUESDAY, DECEMBER 17, 2024
Mayor Stranske called a special meeting of the City Council to order at 6:30 p.m., in Council Chambers.
Roll Call: Councilmembers Tom Allman, Gerardo Gonzales, Vice Mayor Matthew Alaniz and Mayor Larry Stranske were present.
Also present were staff members Brian Bender, City Manager, and Cathy Moorhead, Assistant City Manager, and Delores Pedersen, Citty Clerk.
2. PUBLIC COMMUNICATIONS
3. ACTION ITEM
a. Discussion and Possible Action to Adopt a Resolution Setting Forth the Process and Schedule for Filling the Vacant Council Seat Held by Former Council Member Greta Kanne.
Public Comment:
• Bear Kamoroff inquired if the notice and application would be ready to run in the Willits Weekly this week as the newspaper will be going on winter break. This week’s edition is the last for the year and possibly until February.
City Manager Bender responded that staff had already prepared the notice in advance and would submit today for this week’s edition as long as Council approves.
Moved by Gonzalez/Seconded by Alaniz and carried unanimously 4/0 to adopt Resolution No. 2024-71 adopting a process for filling of vacancy on the City Council by appointment.
Mayor Stranske declared the special meeting adjourned at 6:43 p.m.
Willits City Council Minutes of December 17, 2024 Page 2 of 2 _____________________________
LARRY STRANSKE, Mayor
City Council for the City of Willits
ATTEST:
__________________________
DELORES PEDERSEN, City Clerk
User:
Printed: 1/2/2025 - 9:58 AM
Checks for Approval
Accounts Payable
[email protected]
Check Number Check Date Fund Account Name Vendor Name Void Amount 3610 12/06/2024 530 Water Enterprise Vehicle Maintenance Peterson 1,033.18 3616 12/06/2024 530 Water Enterprise Chemical & Lab Supplies Univar Solutions 3,452.56 3609 12/06/2024 240 RMRA & SB-1 Utilities P G & E Company 6,413.73 3598 12/06/2024 100 General Fund Dues and Subscriptions Environmental Systems Research Institute, Inc 2,550.00 3621 12/06/2024 240 RMRA & SB-1 Maintenance supplies Zumar Industries Inc 282.18 3613 12/06/2024 400 Citywide CIP Capital Expenditures SCL-North 48,518.94 3607 12/06/2024 245 Transportation Tax Equip & Supplies Non-Capital Northern Aggregates Inc 529.85 3609 12/06/2024 530 Water Enterprise Utilities P G & E Company 2,605.68 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 41.73 3612 12/06/2024 100 General Fund Printing and copying Printing Plus 682.03 0 12/06/2024 900 Pool Cash & Payroll Liability Retirement Payable ER CalPERS 6,764.00 0 12/06/2024 900 Pool Cash & Payroll Liability State Taxes SUI - ER EDD - Employment Development Dept 38.46 3617 12/06/2024 510 Wastewater Enterprise Maintenance supplies Veolia Water Technologies 9,471.22 3593 12/06/2024 530 Water Enterprise Misc Fees CA Department of Tax and Fee Admin 541.76 0 12/06/2024 900 Pool Cash & Payroll Liability State Taxes Other - ER EDD - Employment Development Dept 2.26 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 19.40 3593 12/06/2024 530 Water Enterprise Misc Fees CA Department of Tax and Fee Admin 350.00 0 12/06/2024 900 Pool Cash & Payroll Liability Fed Social Security Payable ER EFTPS - IRS Payments 11,496.21 0 12/06/2024 900 Pool Cash & Payroll Liability State Income Taxes Payable EE EDD - Employment Development Dept 8,525.81 3590 12/06/2024 100 General Fund Contingency Expenses 101 Property Management, Inc 4,490.00 3609 12/06/2024 550 Airport Enterprise Utilities P G & E Company 542.17 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 1.64 3593 12/06/2024 530 Water Enterprise Misc Fees CA Department of Tax and Fee Admin 440.84 3611 12/06/2024 100 General Fund Postage and Shipping Pitney Bowes Bank Inc Purchase Power 2,663.23 3597 12/06/2024 530 Water Enterprise State Permits & Fees County of Mendocino- Tax Collector 2,604.76 3613 12/06/2024 400 Citywide CIP Capital Expenditures SCL-North 1,250.00 3610 12/06/2024 510 Wastewater Enterprise Vehicle Maintenance Peterson 1,033.19 0 12/06/2024 900 Pool Cash & Payroll Liability Retirement Payable EE CalPERS 3,519.92 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 251.89 250 12/06/2024 900 Pool Cash & Payroll Liability Union Dues IBEW Payable EE I B E W 84.96 3608 12/06/2024 100 General Fund Rental of Building & Grounds Jesenia Olmero 800.00 0 12/06/2024 900 Pool Cash & Payroll Liability State Taxes Disability - EE EDD - Employment Development Dept 2,165.44 3596 12/06/2024 100 General Fund Janitorial Services Dana Cochran 167.50 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 11,000.00 AP-Checks for Approval (1/2/2025 - 9:58 AM) Page 1
Check Number Check Date Fund Account Name Vendor Name Void Amount 3620 12/06/2024 530 Water Enterprise Maintenance supplies Willits Power 272.81 3618 12/06/2024 100 General Fund Communications Verizon Wireless 156.01 3609 12/06/2024 100 General Fund Utilities P G & E Company 17,246.08 3602 12/06/2024 100 General Fund Professional Svcs Lexipol LLC 1,999.00 3594 12/06/2024 100 General Fund Legal Chaplin and Hill Investigative Services, LLC 5,753.68 3616 12/06/2024 530 Water Enterprise Chemical & Lab Supplies Univar Solutions 1,826.77 3597 12/06/2024 260 Landfill Dissolution State Permits & Fees County of Mendocino- Tax Collector 1,327.20 250 12/06/2024 900 Pool Cash & Payroll Liability Union Dues IBEW Payable EE I B E W 42.46 3597 12/06/2024 510 Wastewater Enterprise State Permits & Fees County of Mendocino- Tax Collector 18,334.56 3593 12/06/2024 530 Water Enterprise Misc Fees CA Department of Tax and Fee Admin 382.40 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 5.72 3618 12/06/2024 100 General Fund Communications Verizon Wireless 623.74 3609 12/06/2024 510 Wastewater Enterprise Utilities P G & E Company 24,960.45 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 18.35 3595 12/06/2024 240 RMRA & SB-1 Maintenance supplies Clearlake Lava, Inc 656.37 3594 12/06/2024 100 General Fund Legal Chaplin and Hill Investigative Services, LLC 10,727.11 0 12/06/2024 900 Pool Cash & Payroll Liability Other EE Payable EE Voluntary AMFID 142.31 3609 12/06/2024 100 General Fund Utilities P G & E Company 1,221.28 0 12/06/2024 900 Pool Cash & Payroll Liability Fed Social Security Payable EE EFTPS - IRS Payments 11,496.21 3590 12/06/2024 400 Citywide CIP Capital Expenditures 101 Property Management, Inc 391.65 3592 12/06/2024 240 RMRA & SB-1 Maintenance supplies Bud Garman Construction Svcs Inc 1,068.00 3618 12/06/2024 100 General Fund Communications Verizon Wireless 90.20 0 12/06/2024 900 Pool Cash & Payroll Liability Retirement Payable EE CalPERS 2,496.92 3618 12/06/2024 100 General Fund Communications Verizon Wireless 65.82 3618 12/06/2024 530 Water Enterprise Utilities Verizon Wireless 215.30 3604 12/06/2024 100 General Fund Janitorial Services Mendocino Janitorial 1,100.00 3619 12/06/2024 100 General Fund Contract - Other Lori Williams 2,640.00 0 12/06/2024 900 Pool Cash & Payroll Liability Retirement Payable EE CalPERS 6,120.45 0 12/06/2024 900 Pool Cash & Payroll Liability Fed Income Taxes Payable EE EFTPS - IRS Payments 20,474.12 253 12/06/2024 900 Pool Cash & Payroll Liability Union Dues POA Payable EE W P O A 402.93 3609 12/06/2024 100 General Fund Utilities P G & E Company 44.78 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 51,078.21 0 12/06/2024 900 Pool Cash & Payroll Liability Retirement Payable ER CalPERS 2,498.72 0 12/06/2024 900 Pool Cash & Payroll Liability Federal Medicare Payable EE EFTPS - IRS Payments 2,964.66 3596 12/06/2024 100 General Fund Janitorial Services Dana Cochran 1,000.00 251 12/06/2024 900 Pool Cash & Payroll Liability Garnishment Payable State of California Franchise Tax Board 80.61 3614 12/06/2024 400 Citywide CIP Capital Expenditures Terracon Consultants, Inc 2,420.00 0 12/06/2024 900 Pool Cash & Payroll Liability Other EE Payable EE Voluntary Legal Shield 161.16 3603 12/06/2024 100 General Fund Maintenance supplies Matheson Tri-Gas Inc DBA Aeri 294.72 0 12/06/2024 900 Pool Cash & Payroll Liability Other EE Payable EE Voluntary AMFID 139.15 0 12/06/2024 900 Pool Cash & Payroll Liability Retirement Payable ER CalPERS 6,705.40 3600 12/06/2024 530 Water Enterprise Contract - Other Graham Backflow Services 12,000.00 0 12/06/2024 900 Pool Cash & Payroll Liability Federal Medicare Payable ER EFTPS - IRS Payments 2,884.42 3601 12/06/2024 100 General Fund Professional Svcs Forest Wayne Hunt 5,250.00 AP-Checks for Approval (1/2/2025 - 9:58 AM) Page 2
Check Number Check Date Fund Account Name Vendor Name Void Amount 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 2,745.78 3605 12/06/2024 100 General Fund Rental of Building & Grounds Gabriela Mendoza 800.00 3591 12/06/2024 110 ISF - Information Technology Professional Svcs Apex Technology Management LLC 9,628.50 252 12/06/2024 900 Pool Cash & Payroll Liability Garnishment Payable State of California Franchise Tax Board 80.61 3609 12/06/2024 100 General Fund Utilities P G & E Company 1,446.21 3609 12/06/2024 510 Wastewater Enterprise Utilities P G & E Company 80.78 3606 12/06/2024 240 RMRA & SB-1 Maintenance supplies Nor-Cal Recycled Rock & Aggregates Inc 917.03 3618 12/06/2024 510 Wastewater Enterprise Communications Verizon Wireless 246.77 0 12/06/2024 900 Pool Cash & Payroll Liability Deferred Comp Payable EE Empower Retirement 2,610.00 249 12/06/2024 900 Pool Cash & Payroll Liability Garnishment Payable Franchise Tax Board 567.49 250 12/06/2024 900 Pool Cash & Payroll Liability Union Dues IBEW Payable EE I B E W 394.16 3615 12/06/2024 510 Wastewater Enterprise Maintenance supplies United Parcel Service 42.62 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 1.08 3609 12/06/2024 100 General Fund Utilities P G & E Company 263.33 3618 12/06/2024 100 General Fund Communications Verizon Wireless 167.67 3618 12/06/2024 530 Water Enterprise Communications Verizon Wireless 300.49 3618 12/06/2024 100 General Fund Communications Verizon Wireless 161.22 3597 12/06/2024 100 General Fund State Permits & Fees County of Mendocino- Tax Collector 580.24 3599 12/06/2024 510 Wastewater Enterprise Capital Expenditures Evoqua Water Tech LLC 344.86 3609 12/06/2024 100 General Fund Utilities P G & E Company 343.33 3618 12/06/2024 100 General Fund Communications Verizon Wireless 65.82 Total for this Date: 375,902.26
3627 12/12/2024 530 Water Enterprise Maintenance supplies Bank Of America 18.54 3645 12/12/2024 510 Wastewater Enterprise Contract - Other Municipal Resource Group, LLC 1,650.00 3658 12/12/2024 530 Water Enterprise Chemical & Lab Supplies Univar Solutions 15,231.03 3635 12/12/2024 530 Water Enterprise Contract - Other EBA Engineering Inc 1,550.00 3662 12/12/2024 530 Water Enterprise Maintenance supplies Willits Power 50.19 3662 12/12/2024 100 General Fund Maintenance supplies Willits Power 805.32 3646 12/12/2024 100 General Fund Inventory - Gasoline Nick Barbieri Trucking, Inc 1,218.78 3661 12/12/2024 100 General Fund Printing and copying Wells Fargo Vendor Fin Serv 599.67 3650 12/12/2024 100 General Fund Legal Patrick Clark Consulting 2,193.75 3627 12/12/2024 100 General Fund Office & Admin Supplies Bank Of America 62.38 3627 12/12/2024 100 General Fund Office & Admin Supplies Bank Of America 22.00 3622 12/12/2024 100 General Fund Vehicle Maintenance Adam's Tire & Auto Service 561.45 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 35.00 3627 12/12/2024 510 Wastewater Enterprise Maintenance supplies Bank Of America 189.88 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 70.00 3663 12/12/2024 530 Water Enterprise Maintenance supplies WIPF Construction LLC 1,550.00 3627 12/12/2024 100 General Fund Conferences & Meetings Bank Of America 103.58 3627 12/12/2024 100 General Fund Dues and Subscriptions Bank Of America 119.00 3627 12/12/2024 530 Water Enterprise Travel & Lodging - Conferences Bank Of America 31.50 3649 12/12/2024 530 Water Enterprise Maintenance supplies Pace Supply Corp 169.02 AP-Checks for Approval (1/2/2025 - 9:58 AM) Page 3
Check Number Check Date Fund Account Name Vendor Name Void Amount 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 699.85 3649 12/12/2024 530 Water Enterprise Maintenance supplies Pace Supply Corp 2,438.99 3640 12/12/2024 245 Transportation Tax Contract - Other Laco Associates 942.50 3647 12/12/2024 245 Transportation Tax Contract - Other North Coast Resource Inc 110.00 3625 12/12/2024 100 General Fund Safety Equipment & Clothing Rodrigo Avalos 109.96 3624 12/12/2024 430 Water CIP Capital Expenditures Argonaut Constructors, Inc 363,994.57 3661 12/12/2024 100 General Fund Printing and copying Wells Fargo Vendor Fin Serv 165.20 3627 12/12/2024 510 Wastewater Enterprise Maintenance supplies Bank Of America 449.84 3627 12/12/2024 510 Wastewater Enterprise Maintenance supplies Bank Of America 71.71 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 31.50 3627 12/12/2024 100 General Fund Training & Professional Dev Bank Of America 29.00 3627 12/12/2024 530 Water Enterprise Training & Professional Dev Bank Of America 236.25 3627 12/12/2024 100 General Fund Other Departmental Expense Bank Of America 20.56 3646 12/12/2024 100 General Fund Inventory - Gasoline Nick Barbieri Trucking, Inc 1,066.18 3635 12/12/2024 530 Water Enterprise Contract - Other EBA Engineering Inc 7,719.35 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 763.98 3627 12/12/2024 100 General Fund Departmental Supplies Bank Of America 82.09 3660 12/12/2024 510 Wastewater Enterprise Other Departmental Expense Vestis Group, Inc 32.08 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 144.91 3623 12/12/2024 510 Wastewater Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 106.00 3627 12/12/2024 100 General FundOffice & Admin Supplies Bank Of America 24.65 3638 12/12/2024 240 RMRA & SB-1 Maintenance supplies KTM 2 LLC 1,351.44 3644 12/12/2024 510 Wastewater Enterprise Maintenance supplies Municipal Maintenance Equipment Inc 26.71 3646 12/12/2024 100 General Fund Inventory - Gasoline Nick Barbieri Trucking, Inc 1,747.33 3627 12/12/2024 100 General Fund Postage and Shipping Bank Of America 21.03 3623 12/12/2024 530 Water Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 110.00 3634 12/12/2024 530 Water Enterprise Maintenance supplies E&M Electric & Machinery Inc 2,100.00 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 146.20 3657 12/12/2024 100 General Fund Investigative Supplies Uline 658.61 3627 12/12/2024 100 General FundOffice & Admin Supplies Bank Of America 17.22 3627 12/12/2024 530 Water Enterprise Maintenance supplies Bank Of America 7.95 3627 12/12/2024 100 General Fund Other Departmental Expense Bank Of America 302.73 3643 12/12/2024 240 RMRA & SB-1 Maintenance supplies Matheson Tri-Gas Inc DBA Aeri 246.03 3627 12/12/2024 100 General FundOffice & Admin Supplies Bank Of America -45.60 3649 12/12/2024 530 Water Enterprise Maintenance supplies Pace Supply Corp 5,889.43 3627 12/12/2024 530 Water Enterprise Maintenance supplies Bank Of America 25.85 3661 12/12/2024 100 General Fund Printing and copying Wells Fargo Vendor Fin Serv 46.79 3627 12/12/2024 100 General FundOffice & Admin Supplies Bank Of America 40.37 3623 12/12/2024 510 Wastewater Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 106.00 3640 12/12/2024 100 General Fund Contract - Other Laco Associates 3,062.50 3659 12/12/2024 510 Wastewater Enterprise Chemical & Lab Supplies USA Bluebook 317.47 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 18.03 3627 12/12/2024 100 General FundOffice & Admin Supplies Bank Of America 603.44 3627 12/12/2024 100 General FundOffice & Admin Supplies Bank Of America 203.20 AP-Checks for Approval (1/2/2025 - 9:58 AM) Page 4
Check Number Check Date Fund Account Name Vendor Name Void Amount 3642 12/12/2024 410 Wastewater CIP Capital Expenditures M D Thurber, Inc 28,058.51 3627 12/12/2024 100 General Fund Training Supplies Bank Of America 455.20 3627 12/12/2024 100 General Fund Conferences & Meetings Bank Of America 838.00 3653 12/12/2024 510 Wastewater Enterprise Maintenance supplies Roto Rooter Of Mendocino 265.00 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 236.19 3627 12/12/2024 100 General Fund Other Departmental Expense Bank Of America 146.72 3661 12/12/2024 100 General Fund Printing and copying Wells Fargo Vendor Fin Serv 46.79 3627 12/12/2024 100 General Fund Other Departmental Expense Bank Of America 94.01 3626 12/12/2024 100 General Fund Audit & Accounting Svcs Avenue Insights And Analytics 525.00 3656 12/12/2024 100 General Fund Software Subscriptions Springbrook Holding Co LLC 1,440.05 3627 12/12/2024 530 Water Enterprise Travel & Lodging - Conferences Bank Of America 144.91 3627 12/12/2024 510 Wastewater Enterprise Licenses, Permits, and Fees Bank Of America 118.16 3648 12/12/2024 100 General Fund Maintenance supplies O'Reilly Auto Parts 41.45 3627 12/12/2024 100 General Fund Safety Equipment & Clothing Bank Of America 427.01 3624 12/12/2024 400 Citywide CIP Retention - Steel Water Main Argonaut Constructors, Inc -18,199.73 3627 12/12/2024 530 Water Enterprise Travel & Lodging - Conferences Bank Of America 70.00 3662 12/12/2024 100 General Fund Maintenance supplies Willits Power 70.88 3655 12/12/2024 530 Water Enterprise Safety Equipment & Clothing Sonoma Design Apparel & Promotions, Inc 195.79 3627 12/12/2024 100 General Fund Other Departmental Expense Bank Of America 164.38 3627 12/12/2024 510 Wastewater Enterprise Maintenance supplies Bank Of America 568.51 3627 12/12/2024 100 General Fund Dues and Subscriptions Bank Of America 960.00 3627 12/12/2024 100 General Fund Vehicle Maintenance Bank Of America 95.19 3629 12/12/2024 530 Water Enterprise Maintenance supplies Blum's Affordable Plumbing, Inc 366.50 3644 12/12/2024 510 Wastewater Enterprise Maintenance supplies Municipal Maintenance Equipment Inc 90.29 3627 12/12/2024 100 General Fund Staff Events Bank Of America 132.50 3627 12/12/2024 100 General Fund Vehicle Maintenance Bank Of America 3.50 3627 12/12/2024 530 Water Enterprise Travel & Lodging - Conferences Bank Of America 146.20 3654 12/12/2024 100 General Fund Staff Events Scoops Frozen Yogurt & Deli 1,000.00 3651 12/12/2024 530 Water Enterprise Contract - Other Photovoltaics California 543.50 3628 12/12/2024 530 Water Enterprise Legal BKS Law Firm 875.00 3627 12/12/2024 100 General Fund Office & Admin Supplies Bank Of America 86.93 3627 12/12/2024 100 General Fund Office & Admin Supplies Bank Of America 68.75 3627 12/12/2024 100 General Fund Office & Admin Supplies Bank Of America 213.78 3637 12/12/2024 410 Wastewater CIP Capital Expenditures James Day Construction Inc 15,294.00 3627 12/12/2024 100 General Fund Office & Admin Supplies Bank Of America 326.60 3652 12/12/2024 550 Airport Enterprise Contract - Other Redwood Waste Solutions, Inc 189.70 3627 12/12/2024 550 Airport Enterprise Maintenance supplies Bank Of America 402.68 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 11.54 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 48.99 3635 12/12/2024 530 Water Enterprise Contract - Other EBA Engineering Inc 236.25 3639 12/12/2024 100 General Fund Contract - Other Kyocera Document Solutions 476.32 3648 12/12/2024 100 General Fund Maintenance supplies O'Reilly Auto Parts 24.72 3659 12/12/2024 510 Wastewater Enterprise Chemical & Lab Supplies USA Bluebook 605.88 3627 12/12/2024 110 ISF - Information Technology Professional Svcs Bank Of America 130.94 AP-Checks for Approval (1/2/2025 - 9:58 AM) Page 5
Check Number Check Date Fund Account Name Vendor Name Void Amount 3623 12/12/2024 530 Water Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 165.00 3627 12/12/2024 530 Water Enterprise Licenses, Permits, and Fees Bank Of America 164.40 3627 12/12/2024 100 General Fund Office & Admin Supplies Bank Of America 125.22 3623 12/12/2024 530 Water Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 1,606.00 3633 12/12/2024 100 General Fund Contract - Other Data Ticket Inc 239.56 3623 12/12/2024 530 Water Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 116.00 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 80.00 3623 12/12/2024 530 Water Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 352.00 3627 12/12/2024 530 Water Enterprise Conferences & Meetings Bank Of America 103.58 3623 12/12/2024 530 Water Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 76.00 3627 12/12/2024 530 Water Enterprise Maintenance supplies Bank Of America 71.71 3661 12/12/2024 100 General Fund Printing and copying Wells Fargo Vendor Fin Serv 46.79 3627 12/12/2024 100 General Fund Dues and Subscriptions Bank Of America 180.00 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 24.86 3631 12/12/2024 510 Wastewater Enterprise Maintenance supplies Bud Garman Construction Svcs Inc 2,880.00 3627 12/12/2024 100 General Fund Office & Admin Supplies Bank Of America 85.78 3636 12/12/2024 100 General Fund Postage and Shipping GLS US 38.48 3627 12/12/2024 100 General Fund Staff Events Bank Of America 555.88 3623 12/12/2024 530 Water Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 297.00 3627 12/12/2024 100 General Fund Departmental Supplies Bank Of America 2,180.32 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 12.24 3657 12/12/2024 510 Wastewater Enterprise Safety Equipment & Clothing Uline 410.30 3641 12/12/2024 100 General Fund Other Departmental Expense LNS Welding & Fabrication 240.00 3630 12/12/2024 550 Airport Enterprise Utilities Brooktrails Township 143.20 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 77.99 3623 12/12/2024 530 Water Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 245.00 3623 12/12/2024 510 Wastewater Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 176.00 3627 12/12/2024 100 General Fund Dues and Subscriptions Bank Of America 95.00 3656 12/12/2024 100 General Fund Software Subscriptions Springbrook Holding Co LLC 400.00 3627 12/12/2024 100 General Fund Training Supplies Bank Of America 68.02 3627 12/12/2024 100 General Fund Office & Admin Supplies Bank Of America 31.62 3655 12/12/2024 510 Wastewater Enterprise Safety Equipment & Clothing Sonoma Design Apparel & Promotions, Inc 195.78 3627 12/12/2024 100 General Fund Travel & Lodging Bank Of America 871.38 3662 12/12/2024 530 Water Enterprise Maintenance supplies Willits Power 100.00 3623 12/12/2024 510 Wastewater Enterprise Prof Svcs-Lab Testing Alpha Analytical Lab Inc 176.00 3627 12/12/2024 530 Water Enterprise Maintenance supplies Bank Of America 814.84 3627 12/12/2024 530 Water Enterprise Maintenance supplies Bank Of America -2.37 3632 12/12/2024 550 Airport Enterprise Communications Comcast 431.06 3627 12/12/2024 100 General Fund Office & Admin Supplies Bank Of America 67.61 3636 12/12/2024 100 General Fund Postage and Shipping GLS US 7.70 Total for this Date: 474,459.53
3664 12/16/2024 410 Wastewater CIP Capital Expenditures P G & E Company 116,296.98 AP-Checks for Approval (1/2/2025 - 9:58 AM) Page 6
Check Number Check Date Fund Account Name Vendor Name Void Amount Total for this Date: 116,296.98
3685 12/19/2024 100 General Fund Rents & Leases Pitney Bowes Global Financial 170.67 3691 12/19/2024 100 General Fund Maintenance supplies ZW USA, Inc 275.79 3685 12/19/2024 100 General Fund Rents & Leases Pitney Bowes Global Financial 605.05 3675 12/19/2024 530 Water Enterprise Capital Expenditures JET Equipment Corporation 1,636.88 3676 12/19/2024 100 General Fund Professional Svcs Land Logistics, Inc 575.00 3688 12/19/2024 100 General Fund Dues and Subscriptions Thomson Reuters - West 748.15 3682 12/19/2024 100 General Fund Safety Equipment & Clothing Michael Parish 39.73 3667 12/19/2024 510 Wastewater Enterprise Maintenance supplies Acme Rigging Inc 112.39 3677 12/19/2024 100 General Fund Dues and Subscriptions League of California Cities 50.00 3676 12/19/2024 100 General Fund Professional Svcs Land Logistics, Inc 9,027.50 3687 12/19/2024 510 Wastewater Enterprise State Permits & Fees State Water Resources Control Board 16,273.00 3684 12/19/2024 100 General Fund Office & Admin Supplies Pitney Bowes 317.80 3686 12/19/2024 510 Wastewater Enterprise Other Departmental Expense Redwood Waste Solutions, Inc 1,074.52 3675 12/19/2024 510 Wastewater Enterprise Capital Expenditures JET Equipment Corporation 1,636.87 3690 12/19/2024 530 Water Enterprise Safety Equipment & Clothing Willits Power 10.90 3687 12/19/2024 260 Landfill Dissolution State Permits & Fees State Water Resources Control Board 27,163.00 3665 12/19/2024 530 Water Enterprise Maintenance supplies 101 Trailer and RV -6.37 3669 12/19/2024 510 Wastewater Enterprise Office & Admin Supplies Brady Industries NorCal, LLC 21.84 3674 12/19/2024 400 Citywide CIP Capital Expenditures GHD Inc. 15,315.55 3684 12/19/2024 100 General Fund Office & Admin Supplies Pitney Bowes 99.62 3684 12/19/2024 100 General Fund Office & Admin Supplies Pitney Bowes 204.58 3681 12/19/2024 100 General Fund Maintenance supplies Pace Supply Corp 145.18 3665 12/19/2024 100 General Fund Maintenance supplies 101 Trailer and RV 165.00 3680 12/19/2024 550 Airport Enterprise Rents & Leases OPW Fuel Management, LLC 1,168.73 3678 12/19/2024 100 General Fund Contract - Other Mendocino County Sheriff's Office 120.19 3671 12/19/2024 100 General Fund Contract - Other Deep Valley Security 148.85 3673 12/19/2024 100 General Fund Rental of Building & Grounds Ashley Franco 800.00 3689 12/19/2024 100 General Fund Janatorial Supplies Vestis Group, Inc 263.23 3679 12/19/2024 240 RMRA & SB-1 Vehicle Maintenance Municipal Maintenance Equipment Inc 123.02 3670 12/19/2024 110 ISF - Information Technology Communications Comcast Financial Agency 763.55 3687 12/19/2024 510 Wastewater Enterprise State Permits & Fees State Water Resources Control Board 3,945.00 3683 12/19/2024 235 Housing Rehabilitation - Admin Professional Svcs Parker, Lucas, and Associates 4,170.28 3665 12/19/2024 530 Water Enterprise Maintenance supplies 101 Trailer and RV 59.96 3674 12/19/2024 400 Citywide CIP Capital Expenditures GHD Inc. 27,189.52 3666 12/19/2024 510 Wastewater Enterprise Rents & Leases AAction Rents 1,940.00 3687 12/19/2024 530 Water Enterprise State Permits & Fees State Water Resources Control Board 881.00 3672 12/19/2024 510 Wastewater Enterprise Utilities Ferrellgas 416.00 3665 12/19/2024 530 Water Enterprise Maintenance supplies 101 Trailer and RV 163.41 3668 12/19/2024 530 Water Enterprise Communications AT&T 110.48 3665 12/19/2024 530 Water Enterprise Maintenance supplies 101 Trailer and RV 194.79 AP-Checks for Approval (1/2/2025 - 9:58 AM) Page 7
Check Number Check Date Fund Account Name Vendor Name Void Amount Total for this Date: 118,120.66
0 12/20/2024 900 Pool Cash & Payroll Liability Retirement Payable ER CalPERS 6,805.23 0 12/20/2024 900 Pool Cash & Payroll Liability Other EE Payable EE Voluntary AMFID 139.15 259 12/20/2024 900 Pool Cash & Payroll Liability Union Dues IBEW Payable EE I B E W 42.46 0 12/20/2024 900 Pool Cash & Payroll Liability Retirement Payable EE CalPERS 2,493.30 0 12/20/2024 900 Pool Cash & Payroll Liability Federal Medicare Payable EE EFTPS - IRS Payments 2,909.82 263 12/20/2024 900 Pool Cash & Payroll Liability Union Dues POA Payable EE W P O A 402.93 0 12/20/2024 900 Pool Cash & Payroll Liability Other EE Payable EE Voluntary AMFID 142.31 0 12/20/2024 900 Pool Cash & Payroll Liability Retirement Payable EE CalPERS 6,161.07 0 12/20/2024 900 Pool Cash & Payroll Liability Other EE Payable EE Voluntary Legal Shield 161.16 0 12/20/2024 900 Pool Cash & Payroll Liability Deferred Comp Payable EE Empower Retirement 2,610.00 259 12/20/2024 900 Pool Cash & Payroll Liability Union Dues IBEW Payable EE I B E W 394.16 0 12/20/2024 900 Pool Cash & Payroll Liability Retirement Payable ER CalPERS 7,318.50 0 12/20/2024 900 Pool Cash & Payroll Liability Retirement Payable ER CalPERS 2,495.11 0 12/20/2024 900 Pool Cash & Payroll Liability State Taxes Disability - EE EDD - Employment Development Dept 2,137.61 0 12/20/2024 900 Pool Cash & Payroll Liability State Income Taxes Payable EE EDD - Employment Development Dept 7,900.72 259 12/20/2024 900 Pool Cash & Payroll Liability Union Dues IBEW Payable EE I B E W 84.96 0 12/20/2024 900 Pool Cash & Payroll Liability Fed Social Security Payable EE EFTPS - IRS Payments 11,293.21 0 12/20/2024 900 Pool Cash & Payroll Liability Federal Medicare Payable ER EFTPS - IRS Payments 2,846.83 262 12/20/2024 900 Pool Cash & Payroll Liability Garnishment Payable State of California Franchise Tax Board 80.61 0 12/20/2024 900 Pool Cash & Payroll Liability State Taxes Other - ER EDD - Employment Development Dept 9.54 3692 12/20/2024 100 General Fund Janitorial Services Dana Cochran 167.50 260 12/20/2024 900 Pool Cash & Payroll Liability Other EE Benefits Payable EAP REMIF Attn: Carmela Beckman-Spect 156.20 3692 12/20/2024 100 General Fund Janitorial Services Dana Cochran 1,000.00 0 12/20/2024 900 Pool Cash & Payroll Liability Fed Social Security Payable ER EFTPS - IRS Payments 11,293.21 258 12/20/2024 900 Pool Cash & Payroll Liability Garnishment Payable Franchise Tax Board 567.49 0 12/20/2024 900 Pool Cash & Payroll Liability Fed Income Taxes Payable EE EFTPS - IRS Payments 19,731.52 261 12/20/2024 900 Pool Cash & Payroll Liability Garnishment Payable State of California Franchise Tax Board 80.61 0 12/20/2024 900 Pool Cash & Payroll Liability Retirement Payable EE CalPERS 3,841.74 0 12/20/2024 900 Pool Cash & Payroll Liability State Taxes SUI - ER EDD - Employment Development Dept 162.17 Total for this Date: 93,429.12
3711 12/26/2024 100 General Fund Communications Verizon Wireless 232.92 3696 12/26/2024 550 Airport Enterprise Licenses, Permits, and Fees County of Mendocino- Environmental Health 2,918.00 3701 12/26/2024 100 General Fund Contract - Other Laco Associates 411.25 3702 12/26/2024 231 Plan - Cost Recovery & Grants Professional Svcs Land Logistics, Inc 373.75 3697 12/26/2024 260 Landfill Dissolution Contract - Other EBA Engineering Inc 5,411.92 3710 12/26/2024 530 Water Enterprise Contract - Other Tall Tree Engineering Inc 3,808.00 3706 12/26/2024 530 Water Enterprise Utilities P G & E Company 22.03 3711 12/26/2024 530 Water Enterprise Communications Verizon Wireless 300.49 3711 12/26/2024 100 General Fund Communications Verizon Wireless 167.15 3711 12/26/2024 100 General Fund Communications Verizon Wireless 65.82 AP-Checks for Approval (1/2/2025 - 9:58 AM) Page 8
Check Number Check Date Fund Account Name Vendor Name Void Amount 3693 12/26/2024 100 General Fund Other Departmental Expense Richard Thomas Andre 267.87 3703 12/26/2024 100 General Fund Legal Liebert Cassidy Whitmore 190.00 3706 12/26/2024 100 General Fund Utilities P G & E Company 612.08 3709 12/26/2024 400 Citywide CIP Capital Expenditures State Water Resources Control Board 1,658.00 3709 12/26/2024 530 Water Enterprise State Permits & Fees State Water Resources Control Board 3,540.00 3711 12/26/2024 510 Wastewater Enterprise Communications Verizon Wireless 246.77 3711 12/26/2024 100 General Fund Communications Verizon Wireless 557.92 3711 12/26/2024 100 General Fund Communications Verizon Wireless 156.01 3701 12/26/2024 530 Water Enterprise Contract - Other Laco Associates 1,820.00 3707 12/26/2024 100 General Fund Contract - Other Pistachio Films LLC 175.00 3711 12/26/2024 100 General Fund Communications Verizon Wireless 90.20 3698 12/26/2024 100 General Fund Maintenance supplies House Doctor Paint Store 274.55 3708 12/26/2024 100 General Fund Other Departmental Expense Redwood Waste Solutions, Inc 128.60 3700 12/26/2024 240 RMRA & SB-1 Utilities J A Momaney Services, Inc 428.87 3704 12/26/2024 100 General Fund Contract - Other Little Lake Fire District 67,818.47 3705 12/26/2024 100 General Fund Professional Svcs NHA Advisors, LLC 13,895.00 3707 12/26/2024 100 General Fund Contract - Other Pistachio Films LLC 175.00 3699 12/26/2024 100 General Fund Other Departmental Expense Intercounty Mechanical & Electrical, Inc 365.48 3701 12/26/2024 430 Water CIP Capital Expenditures Laco Associates 2,900.00 3702 12/26/2024 100 General Fund Professional Svcs Land Logistics, Inc 9,343.75 3707 12/26/2024 100 General Fund Contract - Other Pistachio Films LLC 175.00 3702 12/26/2024 100 General Fund Professional Svcs Land Logistics, Inc 17,336.25 3695 12/26/2024 530 Water Enterprise Vehicle Maintenance Commercial Tire & Auto 912.67 3711 12/26/2024 100 General Fund Communications Verizon Wireless 65.82 3706 12/26/2024 530 Water Enterprise Utilities P G & E Company 133.35 3702 12/26/2024 100 General Fund Professional Svcs Land Logistics, Inc 2,098.75 3694 12/26/2024 100 General Fund Other Departmental Expense Civic Plus 1,975.05 Total for this Date: 141,051.79
Report Total: 1,319,260.34
AP-Checks for Approval (1/2/2025 - 9:58 AM) Page 9
BL# Business Name Name Address Date Issued Type of Bussiness 7315 Melissa's Dip N Dazzle Dog Wash Melissa Crosthwait 266 N Main St Willits, CA 95490 12/2/2024 Dog Wash
7316 Fire Eagle Wood Manual Eagle Nelson 7898 Zenia Rd 12/2/2024 Firewood Sales 7317 JHA Remediation LLC Ed Batlle 3050 Fite Circle #111 Sacramento, CA 95827 12/2/2024 Environmental Remedial Construction 7318 Crystal Car Wash LLC Zakaria Abuzeid 1681 S Main St Willits, CA 95490 12/11/2024 Car Wash
New Business License - December 2024
Permit Summary Report (Total Fees Paid)
Current
Month
December 2024
Month Last
Year
December 2023
Current Yr-ToDate
7/1/2024 -
12/31/2024
Last Yr-ToDate
7/1/2023 -
12/31/2023
Building
Count 4 1 35 29
Total Fees $2,481.77 $2,513.69 $17,526.60 $10,875.97
Fees Paid $2,481.77 $2,513.69 $17,526.60 $10,875.97
Total Valuation 150,946.90 150,000.00 848,314.64 735,315.35 Total Square Feet 1,797 800 23,425 800
Administrative $707.82 $987.94 $5,690.12 $3,253.21
BSF $7.00 $0.00 $48.00 $31.00
Building Department (OTC Permit
Fees)
$0.00 $0.00 $609.00 $689.00
Building Department (Permit Fees) $1,543.85 $1,273.75 $9,935.45 $6,115.14 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $201.04 $210.00 $1,093.35 $677.71
Processing $0.00 $0.00 $0.00 $0.00
SMIP Commercial $6.33 $42.00 $90.19 $84.99
SMIP Residential $15.73 $0.00 $60.49 $24.92
Demolition
Count 1 0 3 2
Total Fees $119.90 $0.00 $293.85 $812.20
Fees Paid $119.90 $0.00 $293.85 $812.20
Total Valuation 5,000.00 0.00 9,000.00 29,700.00
Total Square Feet 2,010 0 3,010 1,885
Administrative $0.00 $0.00 $35.10 $269.08
BSF $1.00 $0.00 $3.00 $3.00
Building Department (OTC Permit
Fees)
$0.00 $0.00 $0.00 $0.00
Building Department (Permit Fees) $111.25 $0.00 $241.50 $490.22 Building Miscellaneous Fees $0.00 $0.00 $0.00 $0.00
GPM $7.00 $0.00 $12.60 $41.58
Processing $0.00 $0.00 $0.00 $0.00
SMIP Commercial $0.00 $0.00 $0.00 $8.32
SMIP Residential $0.65 $0.00 $1.65 $0.00
Electrical
Count 3 0 15 9
Total Fees $1,095.57 $0.00 $3,168.27 $2,080.87
Fees Paid $1,095.57 $0.00 $3,168.27 $2,080.87
Total Valuation 36,731.80 0.00 96,567.21 137,799.00
Total Square Feet 0 0 1,500 0
Administrative $236.11 $0.00 $462.63 $493.78
BSF $3.00 $0.00 $15.00 $12.00
B
uildingDepartment(OTCPermit
Fees)
$270.00$0.00$1,620.00$836.00
BuildingDepartment(PermitFees)$529.55$0.00$916.80$522.75 BuildingMiscellaneousFees$0.00$0.00$0.00$0.00
GPM$51.42$0.00$135.19$192.92
Processing$0.00$0.00$0.00$0.00
SMIPCommercial $1.34$0.00$9.68$7.92
SMIPResidential $4.15$0.00$8.97$15.50
Grading
Count0001
Total Fees$0.00$0.00$0.00$0.00
FeesPaid$0.00$0.00$0.00$0.00
Total Valuation0.000.000.008,000.00
Total SquareFeet0000
Administrative$0.00$0.00$0.00$0.00
BSF$0.00$0.00$0.00$0.00
BuildingDepartment(OTCPermit
Fees)
$0.00$0.00$0.00$0.00
BuildingDepartment(PermitFees)$0.00$0.00$0.00$0.00
BuildingMiscellaneousFees$0.00$0.00$0.00$0.00
GPM$0.00$0.00$0.00$0.00
Processing$0.00$0.00$0.00$0.00
SMIPCommercial $0.00$0.00$0.00$0.00
SMIPResidential $0.00$0.00$0.00$0.00
Mechanical Count
50105
Total Fees$581.30$0.00$1,203.10$571.94
FeesPaid$581.30$0.00$1,203.10$571.94
Total Valuation41,130.000.0089,634.0052,670.00
Total SquareFeet001,2500
Administrative$0.00$0.00$0.00$0.00
BSF$5.00$0.00$10.00$5.00
BuildingDepartment(OTCPermit
Fees)
$513.00$0.00$1,053.00$486.00
BuildingDepartment(PermitFees)$0.00$0.00$0.00$0.00
BuildingMiscellaneousFees$0.00$0.00$0.00$0.00
GPM$57.58$0.00$125.48$73.74
Processing$0.00$0.00$0.00$0.00
SMIPCommercial $0.00$0.00$4.83$0.00
SMIPResidential $5.72$0.00$9.79$7.20
Plumbing
Count2042
Total Fees$114.08$0.00$290.06$471.98
FeesPaid$114.08$0.00$290.06$471.98
Total Valuation2,200.000.009,200.0013,500.00
Total SquareFeet0000
Administrative$0.00$0.00$0.00$176.47
BSF$2.00$0.00$4.00$2.00
BuildingDepartment(OTCPermit
Fees)
$108.00$0.00$270.00$0.00
BuildingDepartment(PermitFees)$0.00$0.00$0.00$271.50
BuildingMiscellaneousFees$0.00$0.00$0.00$0.00
GPM$3.08$0.00$12.88$18.90
Processing$0.00$0.00$0.00$0.00
SMIPCommercial $0.00$0.00$1.68$2.52
SMIPResidential $1.00$0.00$1.50$0.59
Re-Roof
Count111621
To
tal Fees$225.24$65.71$1,917.57$1,885.37
FeesPaid$225.24$65.71$1,917.57$1,885.37
Total Valuation68,000.007,000.00359,358.92230,454.00
Total SquareFeet01,3008,2406,400
Administrative$0.00$0.00$40.50$81.00
BSF$3.00$1.00$24.00$22.00
BuildingDepartment(OTCPermit
Fees)
$108.00$54.00$1,269.00$1,431.00
BuildingDepartment(PermitFees)$0.00$0.00$0.00$0.00
BuildingMiscellaneousFees$0.00$0.00$0.00$0.00
GPM$95.20$9.80$503.10$311.43
Processing$0.00$0.00$0.00$0.00
SMIPCommercial $19.04$0.00$63.84$20.25
SMIPResidential $0.00$0.91$17.13$19.69
SewerLateral Inspection
Count0000
Total Fees$0.00$0.00$0.00$0.00
FeesPaid$0.00$0.00$0.00$0.00
Total Valuation0.000.000.000.00
Total SquareFeet0000
Administrative$0.00$0.00$0.00$0.00
BSF$0.00$0.00$0.00$0.00
BuildingDepartment(OTCPermit
Fees)
$0.00$0.00$0.00$0.00
BuildingDepartment(PermitFees)$0.00$0.00$0.00$0.00
BuildingMiscellaneousFees$0.00$0.00$0.00$0.00
GPM$0.00$0.00$0.00$0.00
Processing$0.00$0.00$0.00$0.00
SMIPCommercial $0.00$0.00$0.00$0.00
SMIPResidential $0.00$0.00$0.00$0.00
Solar
Count1094
Total Fees$400.33$0.00$4,420.07$1,500.15
FeesPaid$400.33$0.00$4,420.07$1,500.15
Total Valuation31,587.330.00200,657.46179,811.20
Total SquareFeet0000
Administrative$0.00$0.00$215.63$100.00
BSF$2.00$0.00$13.00$3.00
BuildingDepartment(OTCPermit
Fees)
$350.00$0.00$3,450.00$1,350.00
BuildingDepartment(PermitFees)$0.00$0.00$331.74$0.00
BuildingMiscellaneousFees$0.00$0.00$94.00$0.00
GPM$44.22$0.00$280.92$43.14
Processing$0.00$0.00$0.00$0.00
SMIPCommercial $0.00$0.00$16.23$0.00
SMIPResidential $4.11$0.00$18.55$4.01
Total Count1729273
Total Fees$5,018.19$2,579.40$28,819.52$18,198.48
Total FeesPaid$5,018.19$2,579.40$28,819.52$18,198.48
Total Valuation335,596.03157,000.001,612,732.231,387,249.55 Total SquareFeet3,8072,10037,4259,085
Total Administrative$943.93$987.94$6,443.98$4,373.54
Total BSF$23.00$1.00$117.00$78.00
Total BuildingDepartment(OTC
PermitFees)
$1,349.00$54.00$8,271.00$4,792.00
Total BuildingDepartment(Permit
Fees)
$2,184.65$1,273.75$11,425.49$7,399.61
Total BuildingMiscellaneousFees$0.00$0.00$94.00$0.00
Total GPM$459.54$219.80$2,163.52$1,359.42
To
tal Processing$0.00$0.00$0.00$0.00
Total SMIPCommercial $26.71$42.00$186.45$124.00
Total SMIPResidential $31.36$0.91$118.08$71.91
Item No. 8a
Meeting Date: January 8, 2025
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: CONSIDERATION OF A REQUEST BY REDWOOD WASTE SOLUTIONS, INC.
TO APPLY A CONSUMER PRICE INDEX INCREASE OF 2.55-PERCENT TO ALL SERVICE ACCOUNTS WITHIN THE CITY OF WILLITS.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.
Summary of Request: Redwood Waste Solutions, Inc. requests a Consumer Price Index (CPIU) cost-of-living rate adjustment of 2.55-percent for all service accounts within the City of Willits.
Redwood Waste Solutions seek to have the revised rates go into effect on a delayed billing cycle for January 2025 (please see the December 17th correspondence).
Section 15(B) of the Franchise Agreement between Redwood Waste Solutions and the City outlines a procedure that allows rate adjustments to occur for cost of living and cost of fuel adjustments on an annual basis. The request for the adjustment complies with the procedures described in the agreement through the submission of the required documentation.
The proposed increase will affect the following common residential services: (1) 65-GallonCurrent: $93.93 | Proposed: $96.32; (2) 35-Gallon-Current: $74.69 | Proposed $76.52; and (3) 20-Gallon-Current: $34.60 | Proposed: $35.52.
The supporting documentation accompanies this Agenda Summary.
Recommended Action: Adopt the accompanying Resolution to approve the CPI-U rate increase of 2.55-percent requested by Redwood Waste Solutions.
Alternative(s): None recommended.
Fiscal Impact: A revenue increase of approximately $1,200 in franchise fees due to the rate adjustment.
Personnel Impact: None since the City outsources waste and trash collection services.
Identified City Council Conflict of Interest: None.
2021 Adopted Goals: This item satisfies Goal #1 for Services and Facilities…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs.
California Environmental Quality Act: The item does not require a CEQA review.
This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________ Records: Agreement Resolution #______ Ordinance #______ Other _______ Resolution No. 2025- Page 1 of 1 January 8, 2025
RESOLUTION NO. 2025-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING A CONSUMER PRICE INDEX INCREASE OF 2.55-PERCENT TO ALL SERVICE
ACCOUNTS WITHIN THE CITY OF WILLITS WITH THE INCREASE TAKING AFFECT ON JANUARY 10, 2025.
WHEREAS, the City of Willits contracts with Redwood Waste Solutions, Inc. for solid waste collection services via the terms of a December 2023 Agreement; and WHEREAS, rates for collection, transportation and disposal of solid waste were set by considering income received from the sale of recyclables as well as rates charged to consumers; and
WHEREAS, the request for the adjustment complies with the procedures described in the agreement by specifying the amount of the adjustment for each given rate justified by higher operating costs; and
WHEREAS, Redwood Waste Solutions, Inc. seeks a cost-of-living adjustment of
2.55-percent to cover the additional operation costs for the collection, transportation, disposal and recycling of garbage, refuse, and rubbish services to citizens and businesses of Willits; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Willits approves a 2.55-percent, Consumer Price Index rate adjustment to Solid Wastes of Willits, Inc. for the collection, transportation, disposal and recycling of garbage, refuse and rubbish with an effective date of January 10, 2025.
The above and foregoing Resolution was introduced by Councilmember _________ seconded by Councilmember _________, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 8th day of January, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
______________________________
________________________________
LARRY STRANSKE, Mayor
City Council of the City of Willits
DELORES PEDERSEN
City Clerk
Fertilizer and Soil Amendments for Sustainable Agriculture 6000 East Side Potter Valley Road, Ukiah, CA 95482
(707) 485-5966 - www.coldcreekcompost.com
October 14, 2024
Michelle Goodman
Education & Outreach Manager
Redwood Waste Solutions
3515 Taylor Drive
Ukiah, CA 95482
Subject: Cold Creek Compost – 2025 Rate Increase
Dear Ms. Goodman:
Pursuant to Section 5.3 of the executed contract with Solid Waste of Willits, the following rate increase applies:
The rate charged shall be adjusted up or down on January 1, 2024, and then on each subsequent January 1, by a percentage factor equal to 100% percent of the change of the All Urban Consumers Consumer Price Index (CPI-U), all items, for the San FranciscoOakland-San Jose, CA, Base Period 1982 - 1984 = 100, not seasonally adjusted, compiled and published by the U.S. Department of Labor, Bureau of Labor Statistics or its successor, and its value twelve months before.
The change in the CPI-U value for the last twelve months from August 2023 to August 2024 is 2.7 percent. This results in a $1.68 per ton increase. The current tip fee is $62.04 per ton, and the new Cold Creek Compost tip fee will be $63.72 per ton effective January 1, 2025.
Please feel free to contact me at (707) 485-5966 if you have any questions. We appreciate your continued business.
Sincerely,
Maxwell Mileck, CFO
Cold Creek Compost, Inc.
cc: Brian Bender, City Manager, City of Willits
Redwood Waste Solutions
P.O. Box 60 / Ukiah, CA 95482
Phone 707-234-6400 / Fax 707-234-6404 / www.candswaste.com November 15
th
, 2024
Brian Bender
City Manager, City of Willits
111 E Commercial St
Willits, CA 95490
Dear Mr. Bender:
In accordance with Section 15 of the City of Willits and Redwood Waste Solutions Franchise Agreement, please accept this letter as our formal request to adjust rates effective January 1, 2025.
This has come to a 2.55% adjustment.
If you have any questions, please feel free to call 707-799-0814 or email me at [email protected].
Sincerely,
Bruce McCracken
District Manager
City of Willits
COLA
A Total Disposal Costs $151,076 Input
B Vehicle Expense - Fuel $114,094 Input
C Total Operating Expenses $1,126,669 Input
D Pass-through Component 0.1341 A/C
E Fuel Component 0.1013 B/C
F All Other Component 0.7646 1-D-E
G CPI 2.705% Input
H COLA (CPI x 90%) 2.435% G*0.9
I COLA Component 0.0186 H*F
J COFA
K Previous Average/Gallon $5.49 Input
L Current Average/Gallon $5.36 Input
M Fuel Index (0.0238) (L-K)/K
N COFA Component (0.0024) E*M
Pass-Through - Disposal
O Old Tipping Fee $94.30 Input
P New Tipping Fee $99.06 Input Willits TS RA
Q Difference $4.76 P-O
R Total Tons Collected 1,472 Landfill Report
S Total Revenue $1,320,178 Financials
T Pass-Through Component 0.0053 (Q*R)/S
Recycling CMV
U New Composite Market Value $ 70.00 CMV
V Difference Fee/Credit from Grid $20 Grid Old $60, new $80 W Total Tons Collected 263 Volume Grid
X Total Revenue $1,320,178 Financials
Y Recycling Value Component 0.0040 (V*W)/X
Z Recycling Value Component % 0.40%
AA Adjusted Recycling Value Component 0.40%
Rate Adjustment Summary
AF COLA Component 0.0186 Input
AG Fuel Component (0.0024) N
AH Pass-Through Component - Disposal 0.0053 T
AI Recycling Value Component 0.0040 AA
AK Net Rate Adjustment 0.0255 AF+AG+AH+AI+AJ
AL Net Rate Adjustment % 2.55%
Redwood Waste Solutions City of Willits %
Revenue 1,320,178
Cost of Ops
Disposal 151,076 11%
Taxes & Fees 116,868 9%
Labor 329,212 25%
Safety & Training 2,372 0%
Truck & Container Costs 176,276 13%
Fuel 114,094 9%
Facilities Cost 46,996 4%
G&A 135,315 10%
Insurance Costs 54,460 4%
Total Cost of Ops 1,126,669
OCT-YTD Op. Ex - D&F 861,499
Waste Connections, Inc.
IS 200 - PL Review
2024-08
4041 - City of Willits
Days - Weekdays
98501 Days - Weekdays
31000 Hauling Revenue - Roll Off Permanent
32000 Hauling Revenue - Residential MSW
32001 Hauling Revenue - Residential MSW Extras
33000 Hauling Revenue - Commercial FEL
33001 Hauling Revenue - Commercial FEL Extras
33010 Hauling Revenue - Commercial REL
Hauling Revenue
Transfer and MRF
35527 Support - Other Recyclables
Recycling Proceeds
Landfill Revenue
Intermodal
E&P Revenue
2025 Rate Adjustment - City of Willits (SUBMISSION) - City of Willits P&L Printed 11/18/2024 - 8:45 AM Page 1 of 8 Waste Connections, Inc.
IS 200 - PL Review
2024-08
4041 - City of Willits
Days - Weekdays
98501 Days - Weekdays
37001 Sale of Equipment
38000 Other Revenue
38001 P-Card Rebate Revenue
Other Revenue
Revenue
40122 Disposal Other
40139 Disposal Transfer Station Intercompany
Disposal
MRF Processing
41121 Brokerage Cost
41201 Taxes and Fees
Brok. and Taxes
Cost of Materials
Other Expense
Rev Reductions
Net Revenue
2025 Rate Adjustment - City of Willits (SUBMISSION) - City of Willits P&L Printed 11/18/2024 - 8:45 AM Page 2 of 8 Waste Connections, Inc.
IS 200 - PL Review
2024-08
4041 - City of Willits
Days - Weekdays
98501 Days - Weekdays
50010 Salaries
50020 Wages Regular
50025 Wages O.T.
50035 Safety Bonuses
50050 Payroll Taxes
50060 Group Insurance
50065 Vacation Pay
50070 Sick Pay
50086 Safety and Training
50087 Drug Testing
50090 Uniforms
50115 Pension and Profit Sharing
50335 Miscellaneous
Labor
51295 Licenses
51335 Miscellaneous
Truck Fixed
52010 Salaries
52020 Wages Regular
52025 Wages O.T.
52035 Safety Bonuses
52036 Other Bonus/Commission - Non-Safety
52050 Payroll Taxes
52060 Group Insurance
52065 Vacation Pay
52070 Sick Pay
52086 Safety and Training
52115 Pension and Profit Sharing
2025 Rate Adjustment - City of Willits (SUBMISSION) - City of Willits P&L Printed 11/18/2024 - 8:45 AM Page 3 of 8 Waste Connections, Inc.
IS 200 - PL Review
2024-08
4041 - City of Willits
Days - Weekdays
98501 Days - Weekdays
52120 Parts and Materials
52125 Operating Supplies
52140 Tires
52142 Fuel Expense
52146 Oil and Grease
52147 Outside Repairs
52182 Towing Expense
52185 Travel
52901 Costs Awaiting Capitalization
Truck Variable
55020 Wages Regular
55025 Wages O.T.
55035 Safety Bonuses
55050 Payroll Taxes
55065 Vacation Pay
55070 Sick Pay
55120 Parts and Materials
55125 Operating Supplies
Container Exp
56010 Salaries
56020 Wages Regular
56025 Wages O.T.
56050 Payroll Taxes
56060 Group Insurance
56105 Employee Relocation
56200 Travel
Superv. Ex
2025 Rate Adjustment - City of Willits (SUBMISSION) - City of Willits P&L Printed 11/18/2024 - 8:45 AM Page 4 of 8 Waste Connections, Inc.
IS 200 - PL Review
2024-08
4041 - City of Willits
Days - Weekdays
98501 Days - Weekdays
57125 Operating Supplies
57147 Bldg & Property
57150 Utilities
57165 Communications
57176 Short Term Equip/Vehicle/Bldg Rental
57254 Drive Cam & Routing SW Fees
57275 Property Taxes
57324 Penalties and Violations
57335 Miscellaneous
57357 Permits
57370 Bonds Expense
Other Operating
Closure Exp
59271 Property and Liability Insurance
59340 Self Insurance Premium
59341 A&L - Current Year Claims
59343 WC - Current Year Claims
Insurance Exp
G/L on Ops
Cost of Ops
Gross Profit
Sales Exp
2025 Rate Adjustment - City of Willits (SUBMISSION) - City of Willits P&L Printed 11/18/2024 - 8:45 AM Page 5 of 8 Waste Connections, Inc.
IS 200 - PL Review
2024-08
4041 - City of Willits
Days - Weekdays
98501 Days - Weekdays
70010 Salaries
70020 Wages Regular
70025 Wages O.T.
70036 Other Bonus/Commission - Non-Safety
70050 Payroll Taxes
70060 Group Insurance
70065 Vacation Pay
70070 Sick Pay
70090 WCN Training
70095 Empl & Commun Activ
70110 Contributions
70116 Pension and Profit Sharing
70148 Allocated Exp In - District
70165 Communications
70167 Cellular Telephone
70185 Postage
70195 Dues and Subscriptions
70200 Travel
70203 Lodging
70205 Travel - Auto
70206 Meals
70210 Office Supplies and Equip
70214 Credit Card Fees
70215 Bank Charges
70217 Invoice Printing Costs
70220 Sponsorships
70255 Other Prof Fees
70300 Data Processing
70301 Computer Software
70302 Computer Supplies
70303 Software License Fees
70310 Bad Debt Provision
70320 Credit and Collection
2025 Rate Adjustment - City of Willits (SUBMISSION) - City of Willits P&L Printed 11/18/2024 - 8:45 AM Page 6 of 8 Waste Connections, Inc.
IS 200 - PL Review
2024-08
4041 - City of Willits
Days - Weekdays
98501 Days - Weekdays
70335 Miscellaneous
70336 Coffee Bar
70345 Security Services
G&A
70149 Corporate Overhead Allocation In
Corp Overhead
Total SG&A
EBITDA
Watch list EBITDA
51260 Depreciation
Depreciation
Airspace Amort
70264 Amortization
70269 Long Term Contract Amort
Intangible Amort
Total DDA
EBIT From Ops
Interest Exp
Interest Income
2025 Rate Adjustment - City of Willits (SUBMISSION) - City of Willits P&L Printed 11/18/2024 - 8:45 AM Page 7 of 8 Waste Connections, Inc.
IS 200 - PL Review
2024-08
4041 - City of Willits
Days - Weekdays
98501 Days - Weekdays
91002 NSF Fees
Other Inc/Exp
FX Gain Loss
NI b/ Taxes & Extra
Extra. Items
NI b/ Taxes
Taxes
Net Income
Non Controlling Int
Net Income Attrib
Data Not Included
2025 Rate Adjustment - City of Willits (SUBMISSION) - City of Willits P&L Printed 11/18/2024 - 8:45 AM Page 8 of 8 Aug-23 340.09
Aug-24 349.29
∆% 2.71%
CLICK
HERE
3.10%
Data Online Data 1: California Gasoline and Diesel Retail Prices Sourcekey DPG _DPG DPG A_DPG DPG A_DPG DPG _DPG _DPG SCA_DPG Date
California All Grades
All Formulations
Retail Gasoline
Prices (Dollars per
Gallon)
California All Grades
Reformulated Retail
Gasoline Prices
(Dollars per Gallon)
California Regular All
Formulations Retail
Gasoline Prices
(Dollars per Gallon)
California Regular
Reformulated Retail
Gasoline Prices
(Dollars per Gallon)
California Midgrade
All Formulations
Retail Gasoline
Prices (Dollars per
Gallon)
California Midgrade
Reformulated Retail
Gasoline Prices
(Dollars per Gallon)
California Premium
All Formulations
Retail Gasoline
Prices (Dollars per
Gallon)
California Premium
Reformulated Retail
Gasoline Prices
(Dollars per Gallon)
California No 2 Diesel
Retail Prices (Dollars
per Gallon)
California No 2 Diesel
Ultra Low Sulfur (0-
15 ppm) Retail Prices
(Dollars per Gallon)
Jan-1995 1.307 1.262 1.369 1.459
Feb-1995 1.289 1.245 1.348 1.438
Mar-1995 1.273 1.229 1.332 1.428
Apr-2020 2.827 2.744 2.996 3.063 3.283 3.283
May-2020 2.771 2.685 2.937 3.022 3.182 3.182
Jun-2020 2.972 2.889 3.123 3.217 3.216 3.216
Jul-2020 3.102 3.021 3.238 3.345 3.254 3.254
Aug-2020 3.156 3.074 3.295 3.405 3.263 3.263
Sep-2020 3.174 3.091 3.323 3.422 3.259 3.259
Oct-2020 3.137 3.052 3.289 3.388 3.246 3.246
Nov-2020 3.115 3.029 3.269 3.374 3.25 3.25
Dec-2020 3.143 3.057 3.297 3.407 3.356 3.356
Jan-2021 3.262 3.176 3.411 3.522 3.439 3.439
Feb-2021 3.434 3.347 3.589 3.691 3.607 3.607
Mar-2021 3.781 3.692 3.937 4.04 3.931 3.931
Apr-2021 3.911 3.822 4.074 4.172 3.98 3.98
May-2021 4.068 3.982 4.228 4.323 4.024 4.024
Jun-2021 4.182 4.094 4.338 4.443 4.095 4.095
Jul-2021 4.253 4.165 4.415 4.515 4.195 4.195
Aug-2021 4.319 4.232 4.476 4.582 4.291 4.291
Sep-2021 4.31 4.222 4.469 4.573 4.324 4.324
Oct-2021 4.4 4.31 4.56 4.673 4.481 4.481
Nov-2021 4.598 4.51 4.748 4.873 4.745 4.745
Dec-2021 4.597 4.508 4.759 4.863 4.776 4.776
Jan-2022 4.584 4.495 4.736 4.857 4.803 4.803
Feb-2022 4.66 4.568 4.82 4.934 5.018 5.018
Mar-2022 5.655 5.562 5.829 5.928 6.133 6.133
Apr-2022 5.692 5.598 5.867 5.98 6.26 6.26
May-2022 5.871 5.774 6.052 6.158 6.479 6.479
Jun-2022 6.294 6.201 6.47 6.569 6.874 6.874
Jul-2022 5.897 5.807 6.087 6.149 6.587 6.587
Aug-2022 5.333 5.239 5.513 5.607 6.123 6.123
Sep-2022 5.375 5.272 5.567 5.676 6.149 6.149
Oct-2022 5.905 5.805 6.096 6.204 6.33 6.33
Nov-2022 5.173 5.071 5.387 5.459 6.121 6.121
Dec-2022 4.418 4.317 4.619 4.705 5.558 5.558
Jan-2023 4.368 4.265 4.555 4.67 5.467 5.467
Feb-2023 4.591 4.487 4.761 4.911 5.423 5.423
Mar-2023 4.786 4.682 4.951 5.105 5.263 5.263
Apr-2023 4.787 4.682 4.963 5.108 4.99 4.99
May-2023 4.74 4.633 4.92 5.059 4.842 4.842
Jun-2023 4.781 4.674 4.966 5.097 4.76 4.76
Jul-2023 4.823 4.717 5.014 5.139 4.907 4.907
Aug-2023 5.13 5.023 5.322 5.446 5.518 5.518
Sep-2023 5.52 5.412 5.73 5.827 6.043 6.043
Oct-2023 5.546 5.439 5.775 5.847 6.094 6.094
Nov-2023 4.935 4.935 4.826 4.826 5.127 5.127 5.26 5.26 5.684 5.684 Dec-2023 4.558 4.558 4.446 4.446 4.768 4.768 4.881 4.881 5.32 5.32 Jan-2024 4.482 4.482 4.369 4.369 4.681 4.681 4.815 4.815 5.13 5.13 Feb-2024 4.535 4.535 4.424 4.424 4.738 4.738 4.856 4.856 5.214 5.214 Mar-2024 4.831 4.831 4.72 4.72 5.028 5.028 5.159 5.159 5.216 5.216 Apr-2024 5.255 5.255 5.145 5.145 5.433 5.433 5.59 5.59 5.239 5.239 May-2024 5.118 5.118 5.005 5.005 5.31 5.31 5.454 5.454 5.078 5.078 Jun-2024 4.777 4.777 4.663 4.663 4.982 4.982 5.112 5.112 4.927 4.927 Jul-2024 4.59 4.59 4.471 4.471 4.796 4.796 4.944 4.944 4.901 4.901 Aug-2024 4.451 4.451 4.332 4.332 4.663 4.663 4.801 4.801 4.758 4.758
Rate Adjustment 2.55%
City of Willits Effective upon board approval
Residential Customers Old Rate New Rate % Increase
Trash
95 gallon cart - Weekly $ 93.93 $ 96.32 2.55%
65 gallon cart - Weekly $ 74.69 $ 76.59 2.55%
35 gallon cart - Weekly $ 34.64 $ 35.52 2.55%
20 gallon cart - Weekly $ 19.60 $ 20.10 2.55%
Recycling
96 gallon cart - Weekly Included Included
Organics
96 gallon cart - Weekly Included Included
Additional Services
Drive in/backyard service less than 100 ft. - per month $ 10.00 $ 10.25 2.55% 95 gallon special pickup - per occurrence $ 45.64 $ 46.80 2.55% 65 gallon special pickup - per occurrence $ 38.69 $ 39.68 2.55% 35 gallon special pickup - per occurrence $ 31.68 $ 32.49 2.55% Extra bag on service day up to 20 lbs. - per occurrence $ 9.03 $ 9.26 2.55% Extra residential pickup - per occurrence $ 15.00 $ 15.38 2.55% Additional Fees
Contamination fee - per occurrence $ 25.00 $ 25.64 2.55% Overflowing cart fee - per occurrence $ 9.03 $ 9.26 2.55% Restart Service - per occurrence $ 5.00 $ 5.13 2.55%
Late/ Finance Fee 1.50% 1.50%
Commercial Customers Old Rate New Rate % Increase
Trash
2 Yard Container
1/week $ 403.85 $ 414.15 2.55%
2/week $ 737.26 $ 756.06 2.55%
3/week $ 1,116.77 $ 1,145.24 2.55%
3 Yard Container
1/week $ 558.72 $ 572.97 2.55%
2/week $ 1,005.64 $ 1,031.28 2.55%
3/week $ 1,609.01 $ 1,650.03 2.55%
3 Yard Container
1/week $ 558.72 $ 572.97 2.55%
2/week $ 1,005.64 $ 1,031.28 2.55%
3/week $ 1,609.01 $ 1,650.03 2.55%
6 Yard Container
1/week $ 1,079.61 $ 1,107.14 2.55%
2/week $ 1,943.29 $ 1,992.84 2.55%
3/week $ 3,109.39 $ 3,188.67 2.55%
35 gallon cart
1/week $ 40.98 $ 42.02 2.55%
65 gallon cart
1/week $ 81.97 $ 84.06 2.55%
95 gallon cart
95-Gallon Cart - 1/week $ 106.94 $ 109.67 2.55%
Temporary Bins
Delivery, removal and up to 7 days rental $ 74.64 $ 76.54 2.55% Temp Bin Removal - per bin 221.63 $ 227.28 2.55%
Other Services
Locking Bin, Lock on Gate, enclosure Monthly Fee - per lock, per month $ 8.00 $ 8.20 2.55% Restart Charge - per occurrence $ 16.00 $ 16.41 2.55%
Contamination fee: Trash, Recycle, Organics - per occurrence $ 25.00 $ 25.64 2.55% Solid Waste of Willits , Inc.
Overflowing Cart Fee - per occurrence $ 11.29 $ 11.58 2.55% Overflowing Bin Fee - per occurrence (per 1/2 yard) $ 39.48 $ 40.49 2.55% 39.48 40.48662 Per1/2 Yard Replacement Key - per occurrence $ 20.00 $ 20.51 2.55%
Commercial Container Delivery - per occurrence $ 82.83 $ 84.94 2.55% Roll-off Compactor Charge per Pull - per pull $ 1,014.75 $ 1,040.62 2.55% Roll-off Compactor Charge per Pull - per pull $ 1,094.86 $ 1,122.78 2.55% Industrial Customers Old Rate New Rate % Increase
Roll-Off Rates
20 Cubic Yard Container (per pull per haul)
Trash $ 831.02 $ 852.21 2.55%
Recycle $ 500.00 $ 512.75 2.55%
Wood $ 500.00 $ 512.75 2.55%
Metal $ 475.00 $ 487.11 2.55%
30 Cubic Yard Container (per pull per haul)
Trash $ 1,004.39 $ 1,030.00 2.55%
40 Cubic Yard Container (per pull per haul)
Trash $ 1,296.34 $ 1,329.39 2.55%
Recycle $ 650.00 $ 666.57 2.55%
Wood $ 900.00 $ 922.95 2.55%
Metal $ 875.00 $ 897.31 2.55%
50 Cubic Yard Container (per pull per haul)
Trash $ 1,673.07 $ 1,715.73 2.55%
Recycle $ 1,100.00 $ 1,128.05 2.55%
Wood $ 1,100.00 $ 1,128.05 2.55%
Metal $ 1,075.00 $ 1,102.41 2.55%
Additional Fees
Delivery fee for all roll-offs $ 95.90 $ 98.35 2.55%
Overload charge per yard $ 29.94 $ 30.70 2.55% 29.94 30.70338 Per Yard PRS MRF Per Ton Tip Fee January 2024 PRS MRF Per Ton Tip Fee May 2024 UWS $45.00 MENDO UWS $35.00 MENDO
RWS $45.00 MENDO RWS $35.00 MENDO
SWS $45.00 MENDO SWS $35.00 MENDO
SWOW $70.00 MENDO SWOW $70.00 MENDO
CWS $35.00 LAKE CWS $25.00 LAKE
LCWS $35.00 LAKE LCWS $25.00 LAKE
LCTS $35.00 LAKE LCTS $25.00 LAKE
South Lake Refuse $35.00 LAKE South Lake Refuse $25.00 LAKE Lakeport Disposal $35.00 LAKE Lakeport Disposal $25.00 LAKE Upper Valley Disposal $75.00 NAPA Upper Valley Disposal $60.00 NAPA Lassen $75.00 LASSEN Lassen $75.00 LASSEN
El Dorado $75.00 EL DORADO El Dorado $75.00 EL DORADO
Sonoma Co. Resource Rec $75.00 SONOMA Sonoma Co. Resource Rec $75.00 SONOMA Pacific Sanitation (Windsor) $75.00 SONOMA Pacific Sanitation (Windsor) $75.00 SONOMA Recology $75.00 SONOMA Recology $75.00 SONOMA
PRS MRF Per Ton Tip Fee February 2024 PRS MRF Per Ton Tip Fee June 2024 UWS $45.00 MENDO UWS $25.00 MENDO
RWS $45.00 MENDO RWS $25.00 MENDO
SWS $45.00 MENDO SWS $25.00 MENDO
SWOW $70.00 MENDO SWOW $70.00 MENDO
CWS $45.00 LAKE CWS $25.00 LAKE
LCWS $45.00 LAKE LCWS $25.00 LAKE
LCTS $45.00 LAKE LCTS $25.00 LAKE
South Lake Refuse $45.00 LAKE South Lake Refuse $25.00 LAKE Lakeport Disposal $45.00 LAKE Lakeport Disposal $25.00 LAKE Upper Valley Disposal $75.00 NAPA Upper Valley Disposal $60.00 NAPA Lassen $75.00 LASSEN Lassen $75.00 LASSEN
El Dorado $75.00 EL DORADO El Dorado $75.00 EL DORADO
Sonoma Co. Resource Rec $75.00 SONOMA Sonoma Co. Resource Rec $75.00 SONOMA Pacific Sanitation (Windsor) $75.00 SONOMA Pacific Sanitation (Windsor) $75.00 SONOMA Recology $75.00 SONOMA Recology $75.00 SONOMA
PRS MRF Per Ton Tip Fee March 2024 PRS MRF Per Ton Tip Fee July 2024 UWS $45.00 MENDO UWS $35.00 MENDO
RWS $45.00 MENDO RWS $35.00 MENDO
SWS $45.00 MENDO SWS $35.00 MENDO
SWOW $70.00 MENDO SWOW $70.00 MENDO
CWS $35.00 LAKE CWS $25.00 LAKE
LCWS $35.00 LAKE LCWS $25.00 LAKE
LCTS $35.00 LAKE LCTS $25.00 LAKE
South Lake Refuse $35.00 LAKE South Lake Refuse $25.00 LAKE Lakeport Disposal $35.00 LAKE Lakeport Disposal $25.00 LAKE Upper Valley Disposal $75.00 NAPA Upper Valley Disposal $60.00 NAPA Lassen $75.00 LASSEN Lassen $75.00 LASSEN
El Dorado $75.00 EL DORADO El Dorado $75.00 EL DORADO
Sonoma Co. Resource Rec $75.00 SONOMA Sonoma Co. Resource Rec $75.00 SONOMA Pacific Sanitation (Windsor) $75.00 SONOMA Pacific Sanitation (Windsor) $75.00 SONOMA Recology $75.00 SONOMA Recology $75.00 SONOMA
PRS MRF Per Ton Tip Fee April 2024 ○ August 2024
UWS $45.00 MENDO UWS $35.00 MENDO
RWS $45.00 MENDO RWS $35.00 MENDO
SWS $45.00 MENDO SWS $35.00 MENDO
SWOW $70.00 MENDO SWOW $70.00 MENDO
CWS $35.00 LAKE CWS $35.00 LAKE
LCWS $35.00 LAKE LCWS $35.00 LAKE
LCTS $35.00 LAKE LCTS $35.00 LAKE
South Lake Refuse $35.00 LAKE South Lake Refuse $35.00 LAKE Lakeport Disposal $35.00 LAKE Lakeport Disposal $35.00 LAKE Upper Valley Disposal $60.00 NAPA Upper Valley Disposal $60.00 NAPA Lassen $75.00 LASSEN Lassen $75.00 LASSEN
El Dorado $75.00 EL DORADO El Dorado $75.00 EL DORADO
Sonoma Co. Resource Rec $75.00 SONOMA Sonoma Co. Resource Rec $75.00 SONOMA Pacific Sanitation (Windsor) $75.00 SONOMA Pacific Sanitation (Windsor) $75.00 SONOMA Recology $75.00 SONOMA Recology $75.00 SONOMA
We currently charge a flat fee
of $70/tn for recyclables
TRASH Current Rate New Rate
S95G1W1 95 GL 1X WK 1 95 gallon cart Weekly $93.93 $96.32 S65G1W1 65 GL 1X WK 1 65 gallon cart Weekly $74.69 $76.59 S35G1W1 35 GL 1X WK 1 35 gallon cart Weekly $34.64 $35.52 S20G1W1 20 GL 1X WK 1 20 gallon cart Weekly $19.60 $20.10
RECYCLING
S96G1W1REC 96 GL 1X WK RECYCLE 1 96 gallon cart Weekly Included Included
ORGANIC WASTE
S96G1W1GW 96 GL 1X WK GREENWASTE 1 96 gallon cart Weekly Included Included DRIVEIN-RES DRIVE IN SERVICE - RES Drive in/backyard service less than 100 ft. per month $10.00 $10.25 EP95-RES SPECIAL PICK UP - RES 95 gallon special pickup per occurrence $45.64 $46.80 EP65-RES SPECIAL PICK UP - RES 65 gallon special pickup per occurrence $38.69 $39.68 EP35-RES SPECIAL PICK UP - RES 35 gallon special pickup per occurrence $31.68 $32.49 EXTRABAG-RES EXTRA BAG - RES Extra bag on service day up to 20 lbs. per occurrence $9.03 $9.26 EP-RES EXTRA PICK UP RES Extra residential pickup per occurrence $15.00 $15.38 CONTAMTR-RES CONTAMINATED RESI TRASH Contamination fee per occurrence $25.00 $25.64 OW-RES OVERFILL / OVERWEIGHT CAN - RES Overflowing cart fee per occurrence $9.03 $9.26 REINSTATE-RES REINSTATE - RES Restart Service per occurrence $5.00 $5.13 LATE FEE/FINANCE FEE 1.50% 1.50%
ADDITIONAL FEES
CITY OF WILLITS SERVICE AREA
Single-Family Residential
COMPANY 4041 - BILL AREA WILLITS
AUTOMATED CART SERVICES
ADDITIONAL SERVICES
Current Rate New Rate
S35G1W1COM 35 GL 1X WK COM 1 35-Gallon Cart 1/week $40.98 $42.02 S65G1W1COM 65 GL 1X WK COM 1 65-Gallon Cart 1/week $81.97 $84.06 S95G1W1COM 95 GL 1X WK COM 1 95-Gallon Cart 1/week $106.94 $109.67 *Do not offer F1Y1W1 1 YD 1X WK 1 1 CY Bin 1/week $299.09 $306.72 *Do not offer F1Y2W1 1 YD 2X WK 1 1 CY Bin 2/week $525.87 $539.28 *Do not offer F1Y3W1 1 YD 3X WK 1 1 CY Bin 3/week $802.34 $822.80 *Do not offer F1.5Y1W1 1.5 YD 1X WK 1 1.5 CY Bin 1/week $334.00 $342.52 *Do not offer F1.5Y2W1 1.5 YD 2X WK 1 1.5 CY Bin 2/week $595.84 $611.03 *Do not offer F1.5Y3W1 1.5 YD 3X WK 1 1.5 CY Bin 3/week $905.33 $928.41 F2Y1W1 2 YD 1X WK 1 2 CY Bin 1/week $403.85 $414.15
F2Y2W1 2 YD 2X WK 1 2 CY Bin 2/week $737.26 $756.06
F2Y3W1 2 YD 3X WK 1 2 CY Bin 3/week $1,116.77 $1,145.24 F3Y1W1 3 YD 1X WK 1 3 CY Bin 1/week $558.72 $572.97
F3Y2W1 3 YD 2X WK 1 3 CY Bin 2/week $1,005.64 $1,031.28 F3Y3W1 3 YD 3X WK 1 3 CY Bin 3/week $1,609.01 $1,650.03 F4Y1W1 4 YD 1X WK 1 4 CY Bin 1/week $700.14 $717.99
F4Y2W1 4 YD 2X WK 1 4 CY Bin 2/week $1,260.20 $1,292.33 F4Y3W1 4 YD 3X WK 1 4 CY Bin 3/week $1,924.22 $1,973.28 F6Y1W1 6 YD 1X WK 1 6 CY Bin 1/week $1,079.61 $1,107.14 F6Y2W1 6 YD 2X WK 1 6 CY Bin 2/week $1,943.29 $1,992.84 F6Y3W1 6 YD 3X WK 1 6 CY Bin 3/week $3,109.39 $3,188.67 DEL4TEMP-COM DELIVERY FEE 4 YD TEMP - COM Delivery, Removal and up to 7 days rental per bin $74.64 $76.54 REM4TEMP-COM REMOVAL 4 YD - COM Temp Bin Removal per bin $221.63 $227.28 Total Due: $296.27 $303.82
ENCLOSURE-COM ENCLOSURE ENTRY FEE - COM Locking Bin, Lock on Gate, enclosure Monthly Fee per lock, per month $8.00 $8.20 RESTART-COM RESTART FEE - COM Restart Charge per occurrence $16.00 $16.41 CONTAMTR-COM CONTAMINNATED COM TRASH Contamination fee: Trash, Recycle, Organics per occurrence $25.00 $25.64 OW-RES OVERFILL / OVERWEIGHT CAN - RES Overflowing Cart Fee per occurrence $11.29 $11.58 OW-COM OVERFILL / OVERWEIGHT CAN - COM Overflowing Bin Fee per occurrence $39.48 $40.49 per 1/2 yard LOCK&KEY LOCK & KEY INSTALL/REPLACEMENT Replacement Key per occurrence $20.00 $20.51 DEL-CONT CONTAINER DELIVERY Commercial Container Delivery per occurrence $82.83 $84.94 HAUL10-CP COMP HAUL 10 YD Roll-off Compactor Charge per Pull per pull $1,014.75 $1,040.62 HAUL12-CP COMP HAUL 12 YD Roll-off Compactor Charge per Pull per pull $1,094.86 $1,122.78
CITY OF WILLITS SERVICE AREA
Other Services
Multifamily & Commercial
Company 4041 -BILL AREA WILLITS
Trash Collection (Includes 96-Gallon Recycling and 96-Gallon Organics) Temporary Bins
Roll-Off Pull Rates
Roll-Off Containers billed on a per pull Current Rate New Rate HAUL20-RO HAUL 20 YD - RO 20 Cubic Yard Container per pull per haul $831.02 $852.21 includes 3.0 tons disposal HAUL30-RO HAUL 30 YD - RO 30 Cubic Yard Container per pull per haul $1,004.39 $1,030.00 includes 4.5 tons disposal HAUL40-RO HAUL 40 YD - RO 40 Cubic Yard Container per pull per haul $1,296.34 $1,329.39 includes 5.7 tons disposal HAUL50-RO HAUL 50 YD - RO 50 Cubic Yard Container per pull per haul $1,673.07 $1,715.73 includes 7.5 tons disposal HAUL20REC-RO HAUL 20 RECYCLE- RO 20 Cubic Yard Container per pull per haul $500.00 $512.75 HAUL20WD-RO HAUL 20 WOOD - RO 20 Cubic Yard Container per pull per haul $500.00 $512.75 HAUL20METAL-RO HAUL 20 YD METAL- RO 20 Cubic Yard Container per pull per haul $475.00 $487.11 HAUL40REC-RO HAUL 40 RECYCLE- RO 40 Cubic Yard Container per pull per haul $650.00 $666.57 HAUL40WD-RO HAUL 40 WOOD - RO 40 Cubic Yard Container per pull per haul $900.00 $922.95 HAUL40METAL-RO HAUL 40 YD METAL- RO 40 Cubic Yard Container per pull per haul $875.00 $897.31 HAUL20REC-RO HAUL 50 RECYCLE- RO 50 Cubic Yard Container per pull per haul $1,100.00 $1,128.05 HAUL20WD-RO HAUL 50 WOOD - RO 50 Cubic Yard Container per pull per haul $1,100.00 $1,128.05 HAUL20METAL-RO HAUL 50 YD METAL- RO 50 Cubic Yard Container per pull per haul $1,075.00 $1,102.41 DEL-RO DELIVERY FEE ROLL OFF Delivery Fee for all roll offs $95.90 $98.35 OW-COM OVERLOAD FEE Overload charge per yard $29.94 $30.70
CITY OF WILLITS SERVICE AREA
Additional Services
Company 4041 -BILL AREA WILLITS
Other Services
Redwood Waste Solutions
P.O. Box 60 / Ukiah, CA 95482
Phone 707-234-6400 / Fax 707-234-6404 / www.candswaste.com November 18
th
, 2024
Brian Bender
City Manager, City of Willits
111 E Commercial St
Willits, CA 95490
Dear Mr. Bender:
In conjunction with the 2.55% rate adjustment proposed to the City of Willits in the attached documents, the City will see an estimated average of a $1200 adjustment in franchise fees per quarter.
If you have any questions, please feel free to call 707-799-0814 or email me at [email protected].
Sincerely,
Bruce McCracken
District Manager
Redwood Waste Solutions
P.O. Box 60 / Ukiah, CA 95482
Phone 707-234-6400 / Fax 707-234-6404 / www.candswaste.com December 17
th
, 2024
Brian Bender
City Manager, City of Willits
111 E Commercial St
Willits, CA 95490
Dear Mr. Bender:
In accordance with Section 15 of the City of Willits and Redwood Waste Solutions (RWS) Franchise Agreement, RWS provided the City with a formal request to adjust rates effective January 1, 2025 on November 15th, 2024. This requested adjustment is 2.55%.
Due to scheduling issues with placing this item on the Agenda prior to January 1st this item is coming before the board on January 8th. To resolve the issues presented with the delayed approval, RWS is going to delay billing for the month of January to January 10th. Due to the shorter timeframe for customers to pay due to the delayed billing, RWS will provide an additional 10 days for customers to pay their bill, and will wave late payment fees for the month of January.
If you have any questions, please feel free to call 707-799-0814 or email me at [email protected].
Sincerely,
Bruce McCracken
District Manager
Item No. 9a
Meeting Date: January 8, 2025
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Walter Kolon, Services & Facilities Director
Agenda Title: DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTION
AWARDING A PROFESSIONAL SERVICES CONTRACT TO EBA ENGINEERING FOR
LANDFILL POST-CLOSURE COMPLIANCE SERVICES FOR A TWO-YEAR TERM, WITH A TOTAL NOT-TO-EXCEED AMOUNT OF $82,412.40 ($41,206.20 FOR THE FIRST YEAR AND $41,206.20 FOR THE SECOND YEAR), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.
Summary of Request: As the City of Willits is the lead agency in charge of operations and maintenance of the former Willits Landfill located on Canyon Road, it is responsible for ongoing monitoring, reporting, and general compliance with regulatory requirements. For the last six years, the City has been working with EBA Engineering to fulfill these required duties. The City initially selected EBA through a formal, competitive request for proposals (RFP) process, and the Council approved a three-year contract at that time, then approved to renew for an additional three years. Over the past six years, EBA has demonstrated exemplary performance on this project, consistently delivering reliable, high-quality service while collaborating with staff to identify cost-saving opportunities.
Recommended Action: By Resolution, award a contract to EBA Engineering for landfill post closure services for a two-year term, with an annual not to exceed amount of $41,206.20 for the first year and $41,206.20 for the second year, with a total not to exceed amount of $82,412.40 and authorize the City Manager to execute contract documents.
Alternative(s): None recommended.
Fiscal Impact: Sufficient funds were allocated in the FY24-25 Budget under 260-4600-65460 to cover the cost of the first year of the contract. The second year will need to be budgeted for the FY25-26 Budget.
Staff is in ongoing discussions with the County to resolve a backlog of payments due to the City.
For several years, the City has assumed full fiscal responsibility for the facility while also preparing the audit requested by the County to ensure compliance with the agreement. Staff anticipates completing the audit by the end of the Fiscal Year. The audit's completion will allow staff to identify and eliminate unnecessary expenditures, as well as streamline compliance activities to reduce costs.
Personnel Impact: Services & Facilities staff will need to coordinate tasks and provide project administration.
Identified City Council Conflict of Interest: None.
2021 Adopted Goals: This item satisfies Goal #1 for Services & Facilities…Maintain and improve infrastructure systems of water, wastewater, public facilities and streets capable of managing future growth while responding to current City needs.
California Environmental Quality Act: This item does not invoke CEQA provisions.
This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________ Records: Agreement Resolution #______ Ordinance #______ Other _______ Resolution No. 2025-__ Page 1 of 1 January 8, 2025
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS AWARDING A PROFESSIONAL SERVICES CONTRACT TO EBA ENGINEERING FOR LANDFILL POSTCLOSURE COMPLIANCE SERVICES FOR A TWO-YEAR TERM, WITH A TOTAL NOT-TOEXCEED AMOUNT OF $82,412.40 ($41,206.20 FOR THE FIRST YEAR AND $41,206.20 FOR
THE SECOND YEAR), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT.
WHEREAS, in partnership with the County of Mendocino, the City operated a Landfill, between the years of 1974-1997, and that Landfill has since been closed; and WHEREAS, there are ongoing compliance requirements mandated by the Regional Water Quality Board, Cal Recycle, and the County Environmental Health Division; and WHEREAS, these compliance activities are detailed in the City’s Post Closure Maintenance Plan, prepared by EMCON in 1996, and the City’s Waste Discharge Permit, WDR Order No. 95-36, issued by the Regional Water Quality Control Board; and WHEREAS, the City prepared a Request for Proposals for landfill post closure compliance services in 2018 and EBA ranked highest based on their experience and excellent references; and
WHEREAS, staff recommend the City Council award a contract for a two-year term, for the not to exceed amount of $41,206.20 for the first year and $41,206.20 for the second year, totaling $82,412.40 for the two-year contract.
NOW, THEREFORE, BE IT RESOLVED that the Willits City Council does hereby authorize and approve a professional services contract to EBA Engineering, for a two-year term, for the not to exceed amount of $41,206.20 for the first year and $41,206.20 for the second year, totaling $82,412.40 for the two-year contract. Fund 260-4600-65460 of FY24-25 Budget contains the required appropriation. FY25-26 Budget will need to have the identical allocation to sustain the described professional service.
The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 8th day of January, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
___________________________
_________________________________
Larry Stranske, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
Item No. 9b
Meeting Date: January 8, 2025
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Walter Kolon Services and Facilities Director
Agenda Title: ADOPT A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES
CONTRACT WITH TALL TREE ENGINEERING FOR ON CALL SERVICES AS THE CITY
ENGINEER DEFINED AS A CONSULTANT IN A MANAGEMENT SUPPORT ROLE (CMSR) FOR AN AMOUNT NOT TO EXCEED $150,000 WITH A TERM ENDING JUNE 30, 2026.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.
Summary of Request: Adopt the accompanying Resolution approving professional services contract with Tall Tree Engineering to serve as an acting City Engineer defined as Consultant in a Management Support Role (CMSR). The contract is not to exceed $150,000 for a term ending June 30, 2026, for on-call engineering and related services and authorize the City Manager to execute contract documents. The contract designating LACO and Associates as the City Engineer expires on December 31st. Tall Tree will assume the role of City Engineer following the completion of all necessary documentation
Staff scored the proposal submitted by Tall Tree Engineering the highest based on the criteria in the RFQ issued for municipal engineering services. Tall Tree Engineering will function as the City’s Engineer of Record for improvement projects, including water, wastewater, storm drain, street improvement projects, and other capital projects. The selection process adhered to the provisions of the Caltrans Local Assistance Procedure Manual, allowing the City to secure reimbursement for on-call engineering services on federally funded contracts.
Recommended Action: Approve CMSR contract with Tall Tree Engineering for an amount not to exceed $150,000.
Alternative(s): Instruct staff to re-issue the RFQ to create another pool of qualified consultants.
Fiscal Impact: The $150,000 allocation to support this request is from appropriations using four accounts assigned to Services & Facilities, Community Development, Water Enterprise and Wastewater Enterprise Funds. The utilization of services will be on an on-call basis and could, alternatively, be charged to various projects as needed within appropriations. The account stings are: 100-4100-65460 (Services & Facilities); 100-3000-65460 (Community Development); 530- 4133-65460 (Water Enterprise); and 510-4113-65460 (Wastewater Enterprise).
Personnel Impact: Staff time in Service & Facilities Department to facilitate for project management.
Identified City Council Conflict of Interest: None.
2021 Adopted Goals: This item meets Goal #1 for Services & Facilities…Maintain and improve infrastructure systems of water, wastewater, public facilities, and streets capable of managing future growth while responding to current City needs.
California Environmental Quality Act: Not applicable.
This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________ Records: Agreement Resolution #______ Ordinance #______ Other _______ Resolution No. 2025-__ Page 1 of 1 January 8, 2025
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS APPROVING
PROFESSIONAL SERVICES CONTRACT WITH TALL TREE ENGINEERING TO AS ACTING
CITY ENGINEER DEFINED AS A CONSULTANT IN A MANAGEMENT SUPPORT ROLE (CMSR) FOR AN AMOUNT NOT TO EXCEED $150,000 WITH A TERM ENDING JUNE 30 2026, AND AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS.
WHEREAS, the City of Willits has an ongoing need for a wide variety of engineering and project development services to supplement the City’s workforce and provide services beyond City staff’s expertise and having no permanent City Engineer on staff; and WHEREAS, the City issued a Request for Qualifications (RFP) for on-call engineering services and received two statements of qualifications from firms that are qualified to provide services; and
WHEREAS, staff has followed the Caltrans Local Assistance Procedures Manual protocol for procuring on-call engineering contracts to qualify for reimbursement for state and federal funding eligible projects; and
WHEREAS, based on qualifications, range of services, and anticipated workload, staff recommends awarding a contract to Tall Tree Engineering; and WHEREAS, Tall Tree Engineering will function as the City’s Engineer of Record for City improvement projects, including water, wastewater, storm drain, and street improvement project plans, manage projects that are locally, state, or federally funded, following including Caltrans Local Assistance Procedures Manual. Represent the City within the community and with outside agencies. Provide technical support, review, and sign technical reports prepared by City staff for compliance with regulatory agencies. Provide oversight and direction to staff, including reviewing, approving, and stamping City produced work.
NOW, THEREFORE, BE IT RESOLVED that the Willits City Council Does hereby authorize and approve a professional services contract with Tall Tree Engineering with a not to exceed amount of $150,000 and with a term expiring on June 30, 2026. The City Council also authorizes the City Manager to execute contract documents. The $150,000 to support this request is equally allocated across four accounts: (1) $37,500 from Fund 100-4100-65460 (Services & Facilities); (2) $37,500 from Fund 100-3000-65460 (Community Development); (3) $37,500 from Fund 530- 4133-65460 (Water Enterprise); and (4) $37,500 from Fund 510-4113-65460 (Wastewater Enterprise). The said agreement has the potential of extending such services for up to two additional fiscal years at which time renegotiation of fees may occur.
The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 8th day of January, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
__________________________
_________________________________
LARRY STRANSKE, Mayor
City Council of the City of Willits
DELORES PEDERSEN, City Clerk
CITY OF WILLITS
REQUEST FOR PROPOSAL
Consultant in a Management Support Role
City Engineer
City of Willits
111 E. Commercial St.
Willits, CA 95490
707-459-7136
Date Issued: August 22, 2024
Due Date and Time: September 23, 2024 at 4:00pm
The Qualifications Proposal and Cost Proposal must be submitted via mail in separate envelopes and clearly identified and marked, or via email with attachments clearly identified:
“Request for Proposal Consultant in a Management Support Role, City Engineer QUALIFICATIONS”; and
“Consultant in a Management Support Role, City Engineer COST PROPOSAL”
All questions regarding the Request for Proposal must be submitted in writing. Please send all questions regarding this Request for Proposal in writing via email to Walter Kolon, Services & Facilities Director, at [email protected]. 1 of 9
I. Requested Service
The City of Willits (CITY) is looking for a consultant or consulting firm that can provide Consultant in a Management Support Role (CMSR) services of a City Engineer and Engineer of Record for water, wastewater, storm drain, and street improvement project plans.
The CITY is soliciting Qualifications for a Contractor in Management Support Role (CMSR) to provide the services of a City Engineer, or equivalent, to serve as Engineer of Record for local, State, and Federal projects and support management with oversight of standards and deadlines. Projects include but are not limited to, civil engineering, water and wastewater engineering, project management, environmental permitting/compliance, construction inspection, materials testing, land surveying, managing or directing work of other consultants or contractors on behalf of the city, and other related services.
The CITY requires a consultant or firm to have no conflict of interest, real or apparent, with private-sector clients or with other firms in the City of Willits to function exclusively as the City Engineer. Under the direction of a professional civil engineer and/or professional land surveyor, City staff has the ability to conduct field surveys and produce plans and specifications. Part of this role includes reviewing and approving City staff work product.
The CITY is not looking for teams of consultants. Consultants are encouraged to submit qualifications. The selected consultant will then be eligible to perform work for the CITY in a CMSR role, as the City Engineer.
The CITY is looking for Qualifications from firms or individuals who can provide quality CMSR services in the capacity of City Engineer to the CITY through June 30, 2026, with the potential of such services being extended for up to two additional fiscal years at which time renegotiation of fees may occur.
Upon execution of an AGREEMENT with the CITY, Consultant will meet with staff to discuss/clarify the desired goals and outcomes of said AGREEMENT.
The City anticipates the cumulative contract awarded through this RFP to total $150,000 for a term ending on June 30, 2026. The contract amount may vary based on the services supplied by the selected consultant.
II. Scope of Potential Services
• Act as the City’s Engineer of Record for City improvement projects, including water, wastewater, storm drain, and street improvement project plans. • Manage projects that are locally, State, or Federally funded, following required policies including Caltrans Local Assistance Procedures Manual.
• Represent the City within the community and with outside agencies. • Provide technical support, review, and sign technical reports prepared by City staff for compliance with regulatory agencies.
• Review of plans and specifications from private firms and other agencies. • Assist with project planning, scheduling, budgeting, bidding, and construction management oversight.
Provide oversight and direction to City engineering staff, including reviewing, approving and 2 of 9
stamping City produced work.
• Technical evaluation of projects.
• Develop Requests for Proposals, Qualifications, Bids, or Information to procure other services or products.
• Provide oversight of requests for proposals and/or construction services including advertising and bid management for projects; evaluation of proposals and recommendation for project award; negotiation and administration of contracts for construction projects. • Technical review and approval of subdivisions, boundary line adjustments, property maps, legal descriptions, and other related documents and processes. • Determination of City rights of way and/or boundaries and preparation of associated maps and descriptions.
• Provide ongoing support and oversight to engineering staff, department supervisors, and contractors.
• Oversee construction inspection and construction management. • Oversee Materials testing for construction projects.
• Oversee Architectural design and review
• Review of geological assessments from third parties
• Attend meetings as requested by the City: City Council meetings, Technical Advisory Committee, Ad Hoc, other City organized meetings, as well as meetings with outside agencies and community groups.
• Prepare, review, and present staff reports and City engineering documents and reports on various projects and programs.
• rant application preparation and administration.
• Coordinate on-call engineer services to complete task orders. • Participate in the preparation of the annual fiscal year budget. • Project management for capital improvement projects.
• Assist with the City’s compliance with all Federal, State, County and local laws and regulations.
• Prepare of any applicable documentation required by funding agencies (including DBE and other Federal funding requirements).
III. Task Order Management
The City Engineer will manage Task orders for On-call A&E services when such services are solicited through a bid, RFP, or RFP for State or Federally funded projects. Task order notifications will be emailed to all selected, pre-qualified consultants. Notification will include:
• A description of the work to be performed
• Requirements and due date of proposals
• Expected duration of work described or project deadline • Expected deliverables
Interested A&E consultants shall submit a short proposal for the work by the deadline stated in the notification. Proposals will be ranked and scored based on project understanding and approach, previous experience of assigned staff, ability to respond in the allotted time, and cost effectiveness of work.
The City may also, at its sole discretion, choose to select a consultant unilaterally for work that is pressing or will not be reimbursable through State and/or Federal funding, or as the City sees fit. 3 of 9
Any work for which the City expects to receive reimbursement must follow the competitive task order process described in this section.
IV. Reservation of Rights
The following reservation of rights shall apply to both the RFP and the Task Order process:
• The City reserves the right to forego the competitive task order process and select consultants, already under contract through this process, for any project for which the City will not be seeking reimbursement from the State or Federal government. • The City reserves the right, in its sole and absolute discretion, to accept or reject any or all submittals, in whole or in part, with or without cause. • The City reserves the right to waive, or not waive, informalities or irregularities in terms or conditions of any submittal if determined by the City to be in its best interest. • The City reserves the right to request additional information from any or all consultants. The City reserves the right to reject any submittal that it determines to be unresponsive and deficient in any of the information requested within RFP. • The City reserves the right to retain all submittals and to use any ideas in a submittal/proposal regardless of whether that submittal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP, unless clearly and specifically noted in the submittal.
• The City reserves the right to disqualify submittal that fail to respond to any requirements outlined in the RFP, or failure to enclose copies of the required documents outlined within RFP.
• The City reserves the right to conduct a third-party quality assurance review of the consultant’s work.
• The City retains sole discretion to evaluate submittals/proposals and may make an award to the Consultant(s) the City deems to be most responsive. Receipt of submittals in response to this RFP does not obligate the City in any way to engage any Consultant. • City reserves the right to reject any or all submittals, wholly or in part, at any time, without penalty.
• The City shall retain the right to abandon the RFP process at any time prior to the actual execution of a contract with a Consultant, and the City shall bear no financial or other responsibility in the event of such abandonment.
• The City reserves the right to negotiate all final terms and conditions of any agreements entered into.
• The City reserves the right to cancel any or all contracts after execution and release another RFP within the contract term.
V. Contract Requirements
The consultant selected to perform the work will be required to enter into a professional services contract with the City of Willits (an example of this agreement is attached hereto, as Attachment “A”), and meet the following requirements:
1. This RFP and the consultant’s submittals will become part of the contract.
2. The contract will be paid based on a “cost-plus-fixed fee basis” per LAPM guidelines. Fee shall be negotiated prior to award of contract. All applicable LAPM, State, and Federal forms will be required to be submitted to the City prior to award of contract. Examples of LAPM forms are provided as “Attachment C.”
4 of 9
3. Pre-award LAPM form 10-U, “Consultants in Management Support Role Conflict of Interest and Confidentiality Statement” (form provided in “Attachment C”).
4. The City asks consultants to review the example contract and forward the insurance requirements section to their insurance agents, prior to submitting qualifications. Some of the City’s requirements may increase insurance premiums. Consultants should understand these increases and take them into consideration, when submitting qualifications. Additional compensation for increases in insurance expenses incurred will not be granted at a later date.
a. The City requires the firm to provide certificates of insurance as described in the contract. Please refer to Attachment “B” for an example. b. The City also requires the firm to accept a transfer of liability, under the insurance endorsement section of the contract. Please refer to Attachment “B” for the acceptable endorsement forms and verbiage. The required verbiage is also listed in the insurance section of the professional services contract and should be referred to for the completion of the insurance forms.
c. The required minimal insurance limits are as follows:
• Professional Error & Omission Minimum Limit ........................ $1,000,000 • General Liability Minimum Limit .............................................. $1,000,000 • Automobile.............................................................................. $1,000,000 If you or your insurance agency has questions regarding the insurance documentation, you may direct those questions via email to [email protected].
The City’s contract administrator for these contracts is Walter Kolon, Services & Facilities Director.
The City generally does not except alterations to its contracts. Any consultant submitting qualifications must be prepared to execute this agreement without modification. If a prospective consultant believes that a modification of the agreement will benefit the City, the consultant can describe such modification in their submittal, including a description of the perceived benefits. There is no obligation on the part of the City to accept such a modification.
VI. Submittal Requirements
For this submittal, applicant shall submit a detailed, estimated project budget for these services, which shall include approximate timelines and costs for each discipline. Proposers are asked to demonstrate the ability to perform all tasks necessary to complete projects within the City’s budgetary limitations and time constraints.
Consultant shall also submit names, titles, and résumés of actual staff assigned to this project, and a clear description of the role each member of the team will play. Substitutions of staff identified in this proposal will require City approval.
1. Cover Letter: The cover sheet shall be signed by an official authorized to bind the firm and shall contain a statement that the proposal is valid for ninety (90) days. a. Please provide a primary contact, along with their contact information. This will be the individual who can be contacted during qualification evaluation if the City has questions about the submittal. This will also be the contact to which all Task Order notifications will be sent.
b. Please provide the location of the headquarters for all firms, as well as any local 5 of 9
support offices which will provide service to the City.
2. Firm Qualifications:
a. Describe your firm’s qualifications and areas of expertise, focusing on specific experience of individual staff members. Include background of the firm, number of professionals (by discipline) and support staff, major focus of practice, range of services and references. Please provide résumés for key personnel anticipated to be assigned to this contract. The City may request résumés for any staff proposed to be assigned for whom a résumé was not previously submitted.
b. Describe and provide references for similar contracts, or past projects that demonstrate your proficiency in stated areas of expertise. Include names and contact information of all references.
3. Fee Schedule: Please include a fee schedule in a sealed envelope. The schedule shall include:
• The proposed hourly fee schedule for calendar year 2024 thru 2025 for primary staff
• All other reimbursable fees and expenses
Please mail a hard copy of your fee schedule to the address listed below.
4. Acknowledgement and confirmation of firm’s ability to meet all financial and financial system requirements, per the LAPM, and supply the City with the necessary forms as requested or required. Examples of some of these forms are attached.
5. Acknowledgement of all addenda issued for this RFP.
Consultants should submit electronic copies of proposals via email or on a USB flash drive via mail to:
City of Willits Dept. of Services and Facilities
Attn: Walter Kolon
111 E. Commercial St.
Willits, CA 95490
Phone: (707) 459-7136
Fax: (707) 459-2481
Email: [email protected].
Submittals must be received by Monday, September 23rd, 2024, at 4 p.m., Scanned or photographic data may be submitted in PDF or JPG format. Emailed proposals may include a link to an FTP site if proposal files are too large to attach. Mail hard copies of fee schedules to the above mailing address.
Questions regarding this RFP can also be directed to the contact above. All questions must be in writing and submitted via email, fax, or mail, by using the Request for Information (RFI) form, which has been attached to this RFP, as “Attachment D.”
VII. Submittal Evaluation
Submittals will be evaluated by the following scoring criteria, with maximum points for each 6 of 9
category shown, and a total maximum score of 100 points:
A. Responsiveness to Requirements, Terms, and Conditions of the RFP 20 Points
• Ability to commence work immediately after execution of the contract; • Ability to meet the City’s insurance Requirements;
• Understanding the needs of the City;
• Demonstrated ability of firm or to manage on-call services in a timely manner consistent with programming Requirements; and
• Submittal of all requested documents and components requested in this RFP.
B. Firm’s Strengths and Qualifications 40
Points
• Firms will be scored based on their stated areas of expertise and ability to demonstrate their proficiency in their fields.
C. Previous Experience 40
Points
• Demonstrated capability on similar contracts or applicable projects. Provide evidence of recent experience with CMSR contracts and/or with projects that demonstrate your ability in your stated field. Include specific experience of individuals expected to be assigned to this contract. Staff members’ experience will be weighed more heavily than a firm’s overall experience.
• Demonstrated experience with Caltrans and Caltrans Local Assistance Procedures Manual; • Demonstrated experience with State and/or Federally funded projects.
VIII. Schedule
Request distributed 08/22/24
Responses due 09/23/24
Consultants’ rankings released 10/07/24
Consultant interviews & contract negotiation completed by 10/21/24 Council award 11/13/24
IX. Selection Procedure
A Consultant Selection Committee will be established to review the submitted qualifications and proposals. The Committee will score and rank each submittal. After review of submittals, the City will begin the negotiations with the most qualified consultant(s). If an agreement cannot be reached, then negotiations will proceed to the next most qualified consultant. The Committee, based on information provided, will recommend the most qualified firm(s) to the City Council for approval.
X. Negotiation of Contract
After selection of the consultant, the City and the consultant shall negotiate the contract under which the work shall be performed. All items submitted in the consultant's proposal shall be subject to negotiation.
Protest procedures and dispute resolution process will be based upon the procedures per 49 CFR
18.36(b)(12). Contracts shall not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 49 CFR Part 18, and 48 7 of 9
CFR Part 31.
Thank you for your interest in this Request for Proposal.
Attachments:
Attachment A – Sample Professional Services Agreement
Attachment B – Insurance Examples
Attachment C – Caltrans forms
Attachment D – Request for Information (RFI) Form
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
ATTACHMENT A
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
CMSR ENGINEERING SERVICES AS CITY ENGINEER 2024-2025
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION ..................................................................................................... 2 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS…………………………………………3 ARTICLE III STATEMENT OF WORK ...................................................................................... 3 ARTICLE IV CONTRACT TERM ............................................................................................... 4 ARTICLE V ALLOWABLE COSTS AND PAYMENTS............................................................... 4 ARTICLE VI TERMINATION ..................................................................................................... 6 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS...................... ..7 ARTICLE VIII RETENTION OF RECORD/AUDITS................................................................. ..7 ARTICLE IX AUDIT REVIEW PROCEDURES……………………………………………………... 7 ARTICLE X SUBCONTRACTING ........................................................................................... ..9 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ................10 ARTICLE XII STATE PREVAILING WAGE RATES .................................................................10 ARTICLE XIII CONFLICT OF INTEREST................................................................................ 13 ARTICLE XIV REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION........... 13 ARTICLE XV NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ....... 14
ARTICLE XVI PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING……………………………………………………………………………………………...14
ARTICLE XVII NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE…...15 ARTICLE XVIII DEBARMENT AND SUSPENSION CERTIFICATION .................................... 16 ARTICLE XIX INSURANCE REQUIREMENTS....................................................................... 16 ARTICLE XX FUNDING REQUIREMENTS............................................................................. 18 ARTICLE XXI CHANGE IN TERMS ........................................................................................ 18 ARTICLE XXII CONTINGENT FEE ......................................................................................... 18 ARTICLE XXIII DISPUTES…………………………………………………………………………...19 ARTICLE XXIV CONFLICT RESOLUTION ............................................................................. 19 ARTICLE XXV INSPECTION OF WORK ................................................................................ 19 ARTICLE XXVI SAFETY ......................................................................................................... 19 ARTICLE XXVII OWNERSHIP OF DATA................................................................................ 20 ARTICLE XXVIII CLAIMS FILED BY CITY’S CONSTRUCTION CONTRACTOR……………. 20 ARTICLE XXIX CONFIDENTIALITY OF DATA ....................................................................... 21 ARTICLE XXX NATIONAL LABOR RELATIONS BOARD CERTIFICATION .......................... 22 ARTICLE XXXI TITLE VI ASSURANCES…………………………………………………………..23 ARTICLE XXXII RETENTION OF FUNDS .............................................................................. 24 ARTICLE XXXIII NOTIFICATION ............................................................................................ 24 ARTICLE XXXIV CONTRACT................................................................................................. 25 ARTICLE XXXV SIGNATURES............................................................................................... 25 Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
ATTACHMENT A
ARTICLE I INTRODUCTION
This AGREEMENT is made and entered into in duplicate, effective this DD day of MONTH, YYYY by and between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, CITY:
The name of the “CONSULTANT” is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The name of the “CITY” is as follows: City of Willits
The Contract Administrator for CITY will be WALTER KOLON A. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
B. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless the CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of the CITY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
C. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of CITY.
D. The CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 forms for income and employment tax purposes for any of CONSULTANT’s assigned personnel.
CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished.
E. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
ATTACHMENT A
F. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work without the prior written approval of the CITY. However, claims for money due or which become due to CONSULTANT from CITY under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the CITY.
G. CONSULTANT shall be fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed byCONSULTANT.
H. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
I. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with a generated Task Order. These reports shall be submitted at least once a month for the duration of the Task Order. The report should be sufficiently detailed for CITY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).
ARTICLE III STATEMENT OF WORK
Contractor shall perform the services described in “Exhibit A,” which is attached hereto and incorporated herein by reference. Contractor shall provide said services at the time, place, and in the manner specified in “Exhibit A,” subject to the direction of the CITY through its staff that it may provide from time to time.
A. CONSULTANT Services
See the attached Consultant’s Proposal attached as “Exhibit A.” B. Environmental
If applicable to the work being performed for this contract, any environmental documents are not considered complete until the CITY of Willits certifies the environmental determination pursuant to the California Environmental Quality Act (CEQA).
C. Right of Way
If applicable to the work being performed for this contract, CONSULTANT shall help CITY supervise and manage all Right of Way issues associated with the Project, including any land surveys, computations with metes, and bounds descriptions that may be made, and Right of Way parcel maps that may be required.
D. Surveys
If applicable to the work being performed for this contract, CONSULTANT has the responsibility for supervising and managing the performance of preliminary and or Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
ATTACHMENT A
construction surveys.
E. Subsurface Investigations
If applicable to the work being performed for this contract, CONSULTANT is responsible for supervising and managing any subsurface investigations that may be required for the Project.
F. Documentation and Schedules
If applicable to the work being performed for this contract, CONSULTANT is responsible for the City’s compliance with all Federal, State, County and local laws and regulations, including the preparation of any applicable documentation required by funding agencies, and management of projects that are locally, State, or Federally funded, following required policies including Caltrans Local Assistance Procedures Manual.
G. CONSULTANT Services During Construction
If applicable to the work being performed for this contract, CONSULTANT shall oversee Architectural design and review, Materials testing for projects, construction inspection and construction management. CONSULTANT shall Provide oversight of requests for proposals, request for qualification, and/or construction services including advertising and bid management for projects; evaluation of proposals and recommendation for project award; negotiation and administration of contracts for construction projects.
H. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the CITY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.
I. Checking Shop Drawings
If applicable to the work being performed in this contract, CONSULTANT shall help CITY with technical review of shop drawings and/or other construction plans prepared by a third-party for CITY.
ARTICLE IV CONTRACT TERM
A. This AGREEMENT shall go into effect on December 1, 2024, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY’S Contract Administrator. The AGREEMENT shall end on June 30, 2026, unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.
C. The services of CONSULTANT are to commence upon execution of this AGREEMENT and shall continue until all authorized work is approved by the CITY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate.
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
ATTACHMENT A
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal.
C. Specific projects will be assigned to CONSULTANT through the Contract Administrator.
D. CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
E. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
F. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
G. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by CITY and notification to proceed has been issued by CITY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work.
Invoices shall be mailed to CITY’s Contract Administrator at the following address:
Walter Kolon
City of Willits
111 E Commercial St
Willits CA 95490
(tel. 707-459-7136)
The method of payment for this AGREEMENT will be based on actual cost, plus a negotiated mark up, not to exceed 15%, which shall be included in CONSULTANT’s fee schedule. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “H” of this Article shall not be exceeded, unless Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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authorized by AGREEMENT amendment.
I. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. If CITY elects to extend the contract for an additional period up to two years, CONSULTANT’s indirect cost rate shall be renegotiated at that time.
J. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
K. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
L. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.
M. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
N. The total amount payable by CITY shall not exceed $( ) O. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates arereimbursable.
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, data, electronic files (i.e. .dwg, .shp, .shx, etc.), investigations, appraisals, inventories, studies, analyses, drawings, and data estimates performed to that date, whether completed or not.
B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this AGREEMENT by CONSULTANT, and CITY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due CITY from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, data, electronic files (i.e .dwg, .shp, .shx, etc.), investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the eligibility of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.
D. When a CONSULTANT or subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, and subconsultants shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate work papers, 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 work papers 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. CITY, Caltrans Auditor, or any duly authorized government representative having jurisdiction under State or 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 CONSULTANT, subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, work paper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Finance Director.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTS, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.
In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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papers including making copies, as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursedcosts.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1.During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3.If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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4.CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY 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 CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relationbetween the CITY and any subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.
E. Any substitution of subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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No retainage will be held by the CITY from progress payments due to CONSULTANT.
CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants.
Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and nonDBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
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 CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding 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. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY 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 CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY 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 CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.
2. Regulation 2 CFR Part 200 requires a credit to State or Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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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 CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
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 CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph(1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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or obliterated.
5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city, and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY 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 based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailingwages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a 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 the certifiedpayroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, orpotential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.
CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under thisAGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.
An affiliated firm is one which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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violation of this warranty, CITY 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.
ARTICLE XV NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall 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, ormilitary and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or otherAgreement.
D. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
E. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
ARTICLE XVI PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR
LOBBYING
[Include this article in all AGREEMENTs where federal funding will exceed $150,000. If less than $150,000 in federal funds will be expended on the AGREEMENT; delete this article and re-number the subsequent articles.]
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVII NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.
E. CONSULTANT 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. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE XVIII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’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 determinationof ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
ARTICLE XIX INSURANCE REQUIREMENTS
A. CONSULTANT, at CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
1. Workers’ Compensation Coverage. CONSULTANT shall maintain Workers’ Compensation
2. Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. The Employer’s Liability Insurance shall be maintained in an amount Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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not less than one million dollars ($1,000,000) per accident for bodily injury or disease. In addition, CONSULTANT shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the sub-contractor’s employees. Any notice of cancellation or nonrenewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONSULTANT for CITY.
3. General Liability Coverage. CONSULTANT shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Contract or the general aggregate limit shall be at least twice the required occurrence limit.
4. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Contract, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
5. Professional Liability Coverage. CONSULTANT shall maintain professional errors and omissions liability for protection against claims alleging negligent acts, errors, or omissions which may arise from CONSULTANT’s operations under this Contract, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
B. Endorsements. Each general liability, automobile liability, and Workers’ Compensation insurance policy shall be with insurers possessing a Best’s rating of no less than A: VII and shall be endorsed with the following specific language:
The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts or equipment furnished in connection with your “ongoing operations” and “your work.” i. CONSULTANT shall name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Contract and the Funding Agreement.
ii. This policy shall be considered primary, non-contributory insurance with respect to the CITY, its elected or appointed officers, officials, employees, agents and iii. volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have shall be considered excess insurance only and shall not contribute with it.
iv. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
v. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
vi. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
vii. The insurance provided by this policy shall not be suspended, voided, canceled, or Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
D. Certificates of Insurance. CONSULTANT shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
The endorsement shall be on forms provided by the CITY or on other forms which conform to all CITY requirements. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Contract. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Contract.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
CITY has the option to terminate or suspend the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of theparties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s members of staff assigned to this contract, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY’s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIV CONFLICT RESOLUTION
A. Dispute Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this AGREEMENT through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators.
Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
B. Controlling Law Venue. This Contract and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Contract shall be held exclusively in a state court in the County of Mendocino.
C. Litigation Expenses and Attorney’s Fees. If either party to this Contract commences any legal action against the other party arising out of this Contract, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
ARTICLE XXV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXVII SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from suchvehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.
E.
ARTICLE XXVII OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of CITY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver toCITY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to CITY which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by CITY.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of CITY without restriction or limitation upon its use or dissemination by CITY.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this AGREEMENT. Any reuse by CITY for another project or project location shall be at CITY’S sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).
E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that CITY and the State shall have the royalty-freenonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVIII CLAIMS FILED BY CITY’S CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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to make its personnel available for consultation with CITY’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the constructionclaims.
ARTICLE XXIX CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY and madeavailable to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.
E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of CITY or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, CITY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, CITY’s attorney’s fees and disbursements, including without limitation experts’ fees anddisbursements.
F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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ARTICLE XXX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination, or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
ARTICLE XXXI TITLE VI ASSURANCES
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
ARTICLE XXXII RETENTION OF FUNDS
No retainage will be withheld by CITY from progress payments due the CONSULTANT.
Retainage by the CONSULTANT or subconsultants is prohibited, andno retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non- DBE CONSULTANT and subconsultants.
ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
CONSULTANT:
(CONSULTANT)
(NAME) ,Project Manager
(ADDRESS)
CITY:
CITY OF WILLITS
WALTER KOLON , Contract Administrator
111 E. COMMERCIAL ST.
WILLITS, CA 95490
Sample Agreement for Professional Services City of Willits CMSR Engineering Services 2024-2025
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ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXX SIGNATURES
CITY OF WILLITS: CONSULTANT:
By (Signature):
Brian Bender
City Manager
Title:
APPROVED AS TO FORM: ATTEST:
H. James Lance
City Attorney
Cathy Moorhead
Deputy City Manager/City Clerk
Attachments:
Attachment A - Statement of Qualifications
Attachment B - Insurance Certificates
Attachment C - Insurance Endorsements
Attachment D - IRS W-9 Reporting Form
INSURANCE NOTICE AND EXAMPLES:
The enclosed insurance examples are provided as reference only. If a particular example is not provided, all insurance requirements must still be met. The City will enforce the insurance as it is outlined in the contract and/or permit in which you are signing.
ALL POLICIES & DOCUMENTS:
1. The description sections of the documents state the following:
"The City of Willits, it’s elected, appointed officials, officers, agents, employees and volunteers, are covered as additional insured with the respect to the work for the Project Name"
2. If any insurance documents indicate that the declarations are used to complete the documentation or policy requirement, the City will need to have the declaration on file as well.
All insurance policies must provide the following endorsement language:
GENERAL LIABILITY:
1. Each Occurrence must be $1mm
2. Aggregate limit must be twice this amount of the aggregate - $2mm. If you cannot provide the $2mm aggregate, you will be required to provide a “Per Project Endorsement”
3. If you have an excess policy which makes up the difference in your limit requirements, you must provide a “Schedule of Underlying Insurances” form, in order that the City can verify excess extensions
4. Additional Insured for Ongoing Operations & Completed Operations
5. Waiver of Subrogation
6. Primary and Non Contributory Conditions
7. Policy Declarations
8. Listing of Forms, Endorsements and Schedule Numbers
AUTOMOBILE LIABILITY:
1. Additional Insured
2. Waiver of Subrogation
3. Primary and Non Contributory Conditions
4. Combined Single Limit must be $1mm each accident
5. If you have an excess policy which makes up the difference in your limit requirements, you must provide a Schedule of “Underlying Insurances” form, in order that the City can verify excess extensions
6. Policy Declarations
7. Listing of Forms, Endorsements and Schedule Numbers
WORKERS’ COMPENSATION & EMPLOYER LIABILITY:
1. Workers’ Compensation limit must be statutory
2. Employers Liability must be $1mm
3. Waiver of Subrogation Endorsement required
EXCESS LIABILITY:
1. Must apply to any policies deficient of the prescribed insurance limits
2. Must provide a Schedule of Underlying Insurances form to show which policies the coverage extends to.
PROFESSIONAL LIABILITY:
1. Professional Liability must be $1mm.
ATTACHMENT B PROFESSIONAL SERVICES
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE © 1988-2016 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Insurance Broker's Firm Name
Contractor's Name
Insurance Carrier's Firm Name
1,000,000
1,000,000
2,000,000
1,000,000
Amount of Policy
Amount of Policy
1,000,000
X
X
X
City of Willits
111 E. Commercial Street
Willits, CA 95490
Signature Required
Certificate of Insurance
If you secure an excess policy to account for your required limits, you will be required to provide a Schedule of Underlying Policies in order for the City to verify the extension of coverage.
ACORD 25 (2016/03)
Each Occurrence must be $1mm
Aggregate limit must be:
1. Twice the each occurrence limit OR
2. Must apply separate to each project and per project
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name & Description
OR
Encroachment Number (encroachment permit numbers are issued after the application is received. If you would like to reserve a number prior to applying for a permit in order for you to prepare your insurance for inclusion with your application, you must contact our office at (707) 459-4605. ** If your Broker lists endorsements in this section, they must be provided as stated here. ** A endorsement must be provided.
Completed Operations must be $1mm
If signing a Professional Service contract, Professional Liability is required. $1,000,000
ATTACHMENT B
General Liability Endorsement Examples
ADDITIONAL INSURED - ONGOING OPERATIONS: These endorsements exclude “completed operations”. You must also provide Completed Operations coverage.
Even though this is a blanket endorsement,
your broker must add your policy number
If no name is listed, declarations are required.
“City of Willits, elected or appointed officers, officials, employees, agents, and volunteers”
ATTACHMENT B
General Liability Endorsement Examples Cont.
ADDITIONAL INSURED - COMPLETED OPERATIONS OPTIONS:
This endorsement also provides the
REQUIRED “Primary & Non Contributory”
language that is required; however, it is
only for ongoing operations. Primary and
non contributory language is also required
for completed operations
If no name is listed, declarations are required.
“City of Willits, elected or appointed officers, officials, employees, agents, and volunteers” Project Name or Encroachment Permit Number Required
If no name is listed,
declarations are required.
“City of Willits, elected or appointed
officers, officials, employees, agents,
and volunteers”
Project Name or Encroachment
Permit Number Required
ATTACHMENT B
General Liability Endorsement Examples Cont.
WAIVER OF SUBROGATION: Includes Ongoing & Completed Operations If no name is listed, declarations are required.
“City of Willits, elected or appointed officers, officials, employees, agents, and volunteers”
ATTACHMENT B
Automobile Endorsement Example
Auto Endorsement: This endorsement provides for all required language, except for the Waiver of Subrogation. A Waiver of Subrogation is required. You may provide an equivalent endorsement; however, you will be held to all requirements.
ATTACHMENT B
Workers’ Compensation Example
State Fund Certificate:
Company Name
Address
City, State, Zip
ATTACHMENT B
Excess Liability Schedule of Underlying Policies
For any policy which is deficient in limits:
ATTACHMENT B
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
ATTACHMENT C
□
□
□
□
□
EXHIBIT 10-UCONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND CONFIDENTIALITY STATEMENT1
RFP/RFQ PROCUREMENT NUMBERS (if applicable):
PROJECT NAME (and FPN, if applicable)2:
APPLICABILITY: To be filled out by local agency consultants in management support role.
I am an employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing either Federal or State funds.
I am in a management position with the local agency, my title is listed below and I have attached my duty statement and scope of work.
I hereby certify as follows:
1. I recuse myself from all potential conflicts of interest.
2. I will not directly or indirectly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant.
3. I will not directly or indirectly influence any employee, staff member, or other individual participating in any consultant selection procurement process in which the consulting firm of which I am employed is as a consultant or subconsultant.
4. I will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which I am employed, regardless of whether the involvement of my employer in the contract is as a consultant or subconsultant.
Among other things, this includes my not being involved in approving changes in the schedule, scope, deliverables or invoices.
5. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above, that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement.
I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5) I fully understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain.
1 Each consultant staff working in a management support role shall complete a separate form. 2 For on-call contracts or contracts for multiple projects, indicate accordingly.
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
ATTACHMENT C
□
□
□
□
I have read and fully understand all of the above.
Date: Signature:
Name:
Title:
Consultant Firm/Sole Proprietor:
REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY
REPRESENTATIVE
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and will ensure:
That the foregoing named local agency consultant who is under contract and in a management support role with our local agency, abides by the foregoing terms and conditions; That should the foregoing named local agency consultant, who is under contract and in a management support role with our local agency, violate any of the foregoing terms and conditions, the Caltrans DLAE will be notified and such violation will be considered a breach of ethics and could be a basis for ineligibility of State or Federal project funds.
The procedures followed to procure and execute the contract, between the local agency and the consulting firm of which I am employed, comply with all federal and state requirements. Also this contract has a specific date from to .
Date: Signature:
Name:
Title:
Department/Local Agency:
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
January 2018
ATTACHMENT C
□
□
REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and supervisor’s statement.
I concur that the consultant, who is under contract and in a management support role with the local agency, does not appear to present a conflict of interest. The local agency and the consultant should be considered eligible for federal reimbursement.
I do not concur as I believe that the consultant, who is under contract and in a management support role with the local agency, does appear to present a conflict of interest.
Date: Signature:
Name:
Position:
Distribution: 1) Copy to: DLAE for each Federal/State funded project 2) Copy to be returned to Local Agency by DLAE with FHWA approval Local Assistance Procedures Manual EXHIBIT 10-T
Conflict of Interest & Confidentiality Statement
LPP 18-01 Page 1 of 3
January 2019
ATTACHMENT C
EXHIBIT 10-T CONFLICT OF INTEREST AND CONFIDENTIALITY STATEMENT RFP/RFQ PROCUREMENT NUMBERS:
PROJECT NAME:
APPLICABILITY: Applicable to local agency consultant procurements which will contain Federal or State funds in the consultant contract.
□ I am an employee of the local agency that is involved in this procurement. □ I am an employee of a consultant under contract to the local agency that is responsible for this procurement but I am not in a management position with the local agency. □ I have a personal, financial, or business interest in past employment activity or a personal relationship regarding the firms (including subconsultants) that are the subject of this evaluation. A brief description is provided on the back of this form. □ I certify that I have no current contractual relationship with any of the firms (including subconsultants) that are the subject of this evaluation. □ I certify that I have no personal or financial interest and no present or past employment activity or personal relationship or prior contractual relationship which would be incompatible with my participation in this solicitation process and I am fully able to give full, fair and impartial consideration to all proposals/bids as an appointee to the related evaluation. □ I certify that I have read 23 CFR 172.7(b)(4) below and I agree not to participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
23 CFR 172.7(b)(4)
(4) Conflicts of interest. (i) A contracting agency shall maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of engineering and design related services contracts under this part and governing the conduct and roles of consultants in the performance of services under such contracts to prevent, identify, and mitigate conflicts of interest in accordance with 2 CFR 200.112, 23 CFR 1.33 and the provisions of this paragraph (b)(4).
(ii) No employee, officer, or agent of the contracting agency shall participate in selection, or in the award or administration of a contract supported by Federal-aid funds if a conflict of interest, real or apparent, would be involved.
Such a conflict arises when there is a financial or other interest in the consultant selected for award by:
(A) The employee, officer, or agent;
(B) Any member of his or her immediate family;
(C) His or her partner; or
(D) An organization that employs or is about to employ any of the above.
Local Assistance Procedures Manual EXHIBIT 10-T
Conflict of Interest & Confidentiality Statement
LPP 18-01 Page 2 of 3
January 2019
ATTACHMENT C
(iii) The contracting agency's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. A contracting agency may establish dollar thresholds where the financial interest is not substantial or the gift is an unsolicited item of nominal value.
(iv) A contracting agency may provide additional prohibitions relative to real, apparent, or potential conflicts of interest.
(v) To the extent permitted by State or local law or regulations, the standards of conduct required by this paragraph shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the contracting agency's officers, employees, or agents, or by consultants or their agents. (vi) A contracting agency shall promptly disclose in writing any potential conflict of interest to FHWA. □ I fully understand and agree to immediately disqualify myself as soon as I am aware of a conflict of interest that may compromise my fair and impartial consideration of the proposals/bids.
□ I certify that I will hold in the strictest confidence all bids, proposals, correspondence, memoranda, working papers, or any other media which has any bearing on, or disclose any aspect of, any respondent or potential respondent to the RFP/RFQ above. I will not discuss the evaluation process with anyone not involved in the evaluation process until its completion. □ I fully understand that it is unlawful for a person to utilize any organization name or auxiliary organization information, which is not a matter of public record, for personal gain. □ I fully understand that any violation of the above is a basis for disciplinary action, up to and including termination or referral to the appropriate authorities for further investigation. □ I am aware that the following firms and subconsultants/subcontractors have submitted proposals in response to the above referenced solicitation:
List firms including subconsultants/subcontractors:
1. 2.
3. 4.
etc.
Local Assistance Procedures Manual EXHIBIT 10-T
Conflict of Interest & Confidentiality Statement
LPP 18-01 Page 3 of 3
January 2019
ATTACHMENT C
□
□
Date: Signed:
Name:
Title:
Dept./Local Agency:
Employer:
CONTRACT ADMINISTRATOR’S REVIEW
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and have determined, according to the information provided, that this individual:
does not have a conflict of interest and can participate in the “Selection Panel”
does have a conflict of interest and cannot participate in the “Selection Panel” Date: Signed:
Name:
Title:
Dept./Local Agency:
Employer:
Distribution: Original – Local Agency Consultant File
Financial Document Review Request Form - Independent Office of Audits and Investigations - Revised 10/2023 1
ATTACHMENT C
INSPECTOR GENERAL
Financial Document Review (FDR) Request Form
• To be completed by Local Public Agencies (LPA) - one per contract. • For new proposed Architectural & Engineering (A&E) consultant LPA contracts of $1 million or greater. • For amendments, use only when there are additional subconsultants or changes in Indirect Cost Rate (ICR).
Email to:
[email protected] Date:
California State Department of Transportation
Independent Office of Audits and Investigations
Attention: Financial Document Review Manager
Check one: New Contract Amendment Other
Federal/State
Project Number:
(describe)
A&E Contract Number: Total Contract or Amended Amount of:
Prime Consultant Full Legal Name:
Project Description:
All Primes and Safe Harbor Rate (SHR) Applicants must be listed below. In addition, complete below for all Sub-Consultant(s) with estimated contract costs of $500,000 and above on this contract. Sub-consultant(s) with less than an estimated contract cost of $500,000 do not need to be included unless they are SHR applicants: (Add pages if necessary.)
Caltrans ICR Acceptance
Consultant’s Name: Estimated Contract Cost Category ID # (if available) I verify we received financial documents from the prime and sub-consultants based on the requirements specified in this form’s Checklist seen on following page.
Name (Print): Title:
Signature:
Name of Local Agency and Department:
Address:
Phone: Email:
Financial Document Review Request Form - Independent Office of Audits and Investigations - Revised 10/2023 2
CHECKLIST
FDR Requirements for A&E Consultant Indirect Cost Rate
• Requirements for total contract amount equal to or greater than $1,000,000. • Prime and all sub-consultant(s) with estimated contract costs of $500,000 and above must provide the documents marked below based on their applicable category.
Instructions
• LPAs are required to complete this form and include all applicable required documents upon submission. • For financial document packages received between July 1 through December 31, 2023, the 2022 ICR must be submitted.
• ICR Acceptance ID #: This is an identification number issued by Caltrans upon review and acceptance of consultant’s ICR(s) schedule for a specific fiscal year. The Caltrans ID# ICR FYE must agree with the period when this form and financial documents are submitted as described above. If any consultant already as an accepted ID # for the applicable period then include that number on the schedule on page 1. For those consultants no additional documentation needs to be submitted at this time. For consultants with acceptance ID#, please leave category blank.
Please Note: Items on this checklist may not be all inclusive. IOAI reserves the right to request additional documents as deemed necessary.
Type of Financial
Documents and
Information for ICR
FYE Proposed
CATEGORY 1:
Consultants with
Cognizant Approval
Letter for ICR FYE
Proposed
CATEGORY 2:
Consultants
Requesting Safe
Harbor Rate
CATEGORY 3:
Consultants with CPA
Audited ICR Reports
CATEGORY 4:
Consultants with
Participation Amount
of $500K or Greater
and No CPA Report
Paycheck Protection
Program (PPP) Loan
Questionnaire
Certification of Indirect
Costs and Financial
Management System
Form
CPA Audited ICR
Report and Schedule
(Prime Consultant
must have a CPA
Audited ICR
Schedule)
ICR Schedule with
FAR References for
Disallowed Costs (a)
Cognizant Approval
Letter for the ICR FYE
proposed
AASHTO Internal
Control Questionnaire
Appendix B
(a) See Table 8-1 of the AASHTO Audit Guide for a listing of common unallowable costs.
Financial Document Review Request Form - Independent Office of Audits and Investigations - Revised 10/2023 3 Type of Financial
Documents and
Information for ICR
FYE Proposed
CATEGORY 1:
Consultants with
Cognizant Approval
Letter for ICR FYE
Proposed
CATEGORY 2:
Consultants
Requesting Safe
Harbor Rate
CATEGORY 3:
Consultants with CPA
Audited ICR Reports
CATEGORY 4:
Consultants with
Participation Amount
of $500K or Greater
and No CPA Report
Post-Closing
Trial Balance and
Supplemental
Reconciliation
Schedule (to tie
the proposed ICR
Schedule to the Trial
Balance)
Uncompensated
Overtime Adjustments
Executive
Compensation
Analysis (ECA)
Related Party Rent
Analysis
Safe Harbor Rate:
Consultant Certification
of Eligibility of Contract
Costs and Financial
Management System
After the review of this form, some or all of the documents listed below may be requested:
Prior Year ICR
Schedule
Chart of Accounts
Income Statement
Vacation/Sick Policy
Bonus Policy
Vehicle, Equipment,
and Other Direct Costs
Schedules
Following documents can be retrieved from: https://oig.dot.ca.gov/resources • Paycheck Protection Program (PPP) Loan Questionnaire
• Certification of Indirect Costs and Financial Management System • AASHTO Internal Control Questionnaire Appendix B
• Safe Harbor Rate – Consultant Certification of Eligibility of Contract Costs and Financial Management System
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 1
ATTACHMENT C
Consultant Firm Certification of Eligibility and Certification of Financial Management System
Consultant Firm Name
Local Agency (if applicable)
Contract Number / Federal Project Number
Contract Total $
For Subconsultant Firms – estimated % of work to be performed % Safe Harbor Indirect Cost Rate (SHR): Home: 120% and/or Field: 90% Field SHR will be utilized for contracts where the work deliverables are not completed from the consultant offices (i.e. Construction Inspection, Material Testing, Sources Inspection, others).
Consultant Firm Certification of Eligibility
I, the undersigned, certify that I am eligible to use the Safe Harbor indirect cost rate as I:
1. Am not a Prime Consultant Firm on a Caltrans contract > $3.5M, or Local Government contract > $1M, regardless of the participation amount.
2. Have not used SHR for more than three (3) years since entering the program on a state or federally funded contract.
AND
1. Do not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31 compliant ICR.
2. Do not have a previously accepted ICR by a cognizant agency, or with an audited/accepted actual ICR, and do not have an existing contract with a provisional rate.
Certification of Financial Management System
I, the undersigned, certify that our financial management system in place for this contract and moving forward meets the standards for the Safe Harbor indirect cost rate requirements and financial reporting, accounting records, internal and budget control as set forth in 2 CFR 200, Subpart D. These standards require consulting firms have an accounting system California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 2
ATTACHMENT C
adequate to accumulate, and track allowable, allocable, and reasonable direct labor and other direct costs by contract; segregate indirect costs and remove unallowable costs.
Print Name
Signature
(Electronic Signature Allowed)
Title
Date Completed
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.
Definition of Terms
Direct Cost is any cost that is identified specifically with a particular cost objective. Direct costs are not limited to items that are incorporated in the end products as material or labor.
Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objectives, 48 CFR 31.202.
Indirect or overhead cost is any cost that is not directly identified with a single final cost objective but is identified with two or more final cost objectives or with at least one intermediate cost objective, 48 CFR 31. 203.
References
Title 48 Code of Federal Regulations (CFR) Part 31 -Federal cost principles.
Title 48 CFR Chapter 99, Subchapter B - Procurement Practices and Cost Accounting Standards.
Title is 2 CFR 200 Subpart D, Standards for Financial and Program Management.
Title 23 United States Code (U.S.C.), Chapter 1, Section 112 - Letting of Contracts.
Title 23 CFR, Chapter 1, Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services.
American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide (2016 Edition).
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 3
ATTACHMENT C
Caltrans Contract
If participating on a Caltrans Contract, also attach a completed copy of the following Safe Harbor Indirect Cost Rate Questionnaire for Evaluating Consultant Firm’s Financial Management System.
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 4
ATTACHMENT C
Questionnaire for Evaluating Consultant Firm’s Financial Management System
Consultant Firm Name
Firm Headquarters Address
Accounting Records
• Location where Accounting records are held
• Name and Title
• Email and Phone
• Mailing Address
To be eligible for Safe Harbor indirect cost rate (SHR), the Consultant Firm’s financial management system must be adequate to accumulate and track direct labor and other direct costs by contract, segregate indirect costs, and remove unallowable costs in accordance with 48 CFR 31 for the different business segments.
Instructions
1. Answer all questions and provide an explanation and additional supporting documentation where requested.
2. If additional space is required, please attach a separate sheet and refer to items being answered by number.
Has the Firm developed an indirect cost rate in the past? If “Yes”, you are NOT ELIGIBLE to use the SHR.
DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an ICR Schedule.
Yes No
Is the Firm a Prime Consultant Firm on a Caltrans contract > $3.5M Or Local Government contract > $1M, regardless of the participation Amount?
If “Yes”, you are NOT ELIGIBLE to use the SHR.
DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an AUDITED ICR Report.
Yes No
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 5
ATTACHMENT C
1. What form of business entity is the Firm?
Sole Proprietorship Partnership C Corporation S Corporation Other
2. What types of services will the Firm provide for this contract? (Select all that apply.) Architectural and Engineering Services Program Management Preliminary Engineering Design Engineering
Surveying Feasibility Studies
Mapping or Architectural Related Services Other
3. Does the Firm have prior government contracting experience? Yes No
4. Does the general ledger contain separate direct and indirect accounts for the following? Labor Yes No Non-Labor Yes No
5. Does the company have a system in place to identify and remove form the indirect cost pools all unallowable cost? Yes No
6. Does the firm assign a unique identification/project number in your accounting system for each contract/project?
Yes No
7. Is indirect and direct labor separated by contract/project/cost objectives on employee timesheets with unique reporting codes?
Yes No
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 6
ATTACHMENT C
8. Do you have written policies on the following cost categories? Accounting Yes No Overtime Yes No
Billing Yes No Direct/Indirect Expenses Yes No
Timesheet Preparation
Bonus
Yes
Yes
No
No
Prevailing Wage Yes No
9. What types of employee status will the Firm provide for this contract? Non-exempt Exempt-salaried Exempt-hourly Contract Employee Other
10.Does the Firm pay overtime for exempt employees?
Yes No
11.Besides labor, does the Firm normally bill/invoice the following as direct contract/project costs? (Select all that apply)
Vehicle Shipping
Computer/CADD Lab
Printing Travel
Specialty Equipment
(List below)
Other (List below)
12. Are mileage logs maintained for all vehicles? If no, please explain below.
Explanation
Where is the vehicle stored after work?
Does employee use vehicle for personal use? Yes No
What is the recovery/billing rate used for Firm or personal vehicle mileage reimbursement?
$ per mile
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 7
ATTACHMENT C
I certify that to the best of my knowledge and belief the responses to this questionnaire are accurate.
Print Name
Signature
(Electronic Signature Allowed)
Title
Date Completed
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.
SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency
ATTACHMENT C
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Consultant
Project No. Contract No. Date
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total $ 0.00
$ 0.00
$ 0.00
$ 0.00
LABOR COSTS
a) Subtotal Direct Labor Costs $ 0.00
b) Anticipated Salary Increases (see page 2 for calculation) c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 0.00
INDIRECT COSTS
d) Fringe Benefits (Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $ 0.00 f) Overhead (Rate: 0.00% ) g) Overhead [(c) x (f)] $ 0.00 h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $ 0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 0.00
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 0.00% ] $ 0.00 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs $ 0.00
Equipment Rental and Supplies $ 0.00
Permit Fees $ 0.00
Plan Sheets $ 0.00
Test $ 0.00
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
$ 0.00
m) TOTAL SUBCONSULTANTS’ COSTS $ 0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] TOTAL COST [(c) + (j) + (k) + (n)]
$ 0.0_0
$ 0.00
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
SAMPLE COST PROPOSAL 1
Reset Form
SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency
ATTACHMENT C
.
SAMPLE COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
$250,000.00 500 = $50.00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate% each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 20.0% 5000 = 1000 Estimated Hours Year 1
Year 2 400% 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% 5000 = 750 Estimated Hours Year 3
Year 4 15.0% 5000 = 750 Estimated Hours Year 4
Years 100% 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 1000
Year 2 $51.00 2000
Year 3 $52.02 750
Year 4 $53.06 750
= $50,000.00 Estimated Hours Year 1 = $102,000.00 Estimated Hours Year 2 = $39,015.00 Estimated HoursYear 3 = $39,795.30 Estimated Hours Year 4 Years $54.12 500 = $27,060.80 Estimated HoursYear 5
Total Direct Labor Cost with Escalation = $257,871.10
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10
NOTES:
1. Thisis not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,the# of years of the contract, and a breakdown of the labor to be performed each year
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the# of yearsis not acceptable.
(i e. $250,000x 2% x 5 yrs =$25,000 is not an acceptable methodology)
3. This assumesthat one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculationsfor anticipated salary escalation must be provided.
SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency
ATTACHMENT C
SAMPLE COST PROPOSAL 1
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 Par t 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.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).
Prime Consultant or Subconsultant Certifying:
Name: Title*:
Signature: _ _ _ Date of Certification {mm/dd/yyyy):
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 services the consultant is providinq under the proposed contract:
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 1
ATTACHMENT C
Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate (ICR):
Combined Rate: Or
Home Office Rate: and Field Office Rate (if applicable):
Facilities Capital Cost of Money (if applicable):
Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 2 • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirements.
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Identify the type of audits listed below that the consultant has had performed (if applicable):
Cognizant ICR Audit Local Govt ICR Audit
CPA ICR Audit Federal Govt ICR Audit
Caltrans ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name:** Title**:
Signature: Date:
Phone**: Email**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency’s invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)
NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE,
EXCEPT ARTICLE XXXII TITLE VI ASSURANCES (APPENDICES A AND E MUST BE PHYSICALLY INCLUDED,
UNMODIFIED, IN ANY FEDERAL-AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.
THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.
THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL.
[Note: italic text within brackets throughout the Articles is intended for instructional purposes only]
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION ....................................................................................................................3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS ......................................................................4 ARTICLE III STATEMENT OF WORK .....................................................................................................4 ARTICLE IV PERFORMANCE PERIOD ..................................................................................................6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS ............................................................................6 ARTICLE VI TERMINATION ..................................................................................................................10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS....................................11 ARTICLE VIII RETENTION OF RECORD/AUDITS................................................................................11 ARTICLE IX AUDIT REVIEW PROCEDURES.......................................................................................12 ARTICLE X SUBCONTRACTING ..........................................................................................................13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES .............................15 ARTICLE XII STATE PREVAILING WAGE RATES ..............................................................................16 ARTICLE XIII CONFLICT OF INTEREST...............................................................................................19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ........................19
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING.....................................................................................................................................20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE....................20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION ...................................................21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION...................22 ARTICLE XIX INSURANCE....................................................................................................................28 ARTICLE XX FUNDING REQUIREMENTS............................................................................................29 ARTICLE XXI CHANGE IN TERMS .......................................................................................................29 Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
ARTICLE XXII CONTINGENT FEE ........................................................................................................29 ARTICLE XXIII DISPUTES.....................................................................................................................30 ARTICLE XXIV INSPECTION OF WORK ..............................................................................................30 ARTICLE XXV SAFETY .........................................................................................................................30 ARTICLE XXVI OWNERSHIP OF DATA................................................................................................31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR..............31 ARTICLE XXVIII CONFIDENTIALITY OF DATA ...................................................................................32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION ......................................32 ARTICLE XXX EVALUATION OF CONSULTANT.................................................................................33 ARTICLE XXXI PROMPT PAYMENT.....................................................................................................33 ARTICLE XXXII TITLE VI ASSURANCES .............................................................................................33 ARTICLE XXXIII NOTIFICATION ...........................................................................................................38 ARTICLE XXXIV CONTRACT................................................................................................................38 ARTICLE XXXV SIGNATURES..............................................................................................................39 Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The name of the “LOCAL AGENCY” is as follows:
(NAME)
The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.
E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.
H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
[Choose either Option 1 or Option 2]
[Option 1 - Use paragraphs A & B below for standard AGREEMENTs] A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
[Option 2 - Use paragraphs A & B below for on-call AGREEMENTs] A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).
ARTICLE III STATEMENT OF WORK
[Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services
[Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included.
Describe acceptance criteria, and if the responsible CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number.
Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).] B. Right of Way
[State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished.]
C. Surveys
[State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.]
D. Subsurface Investigations
[State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.] E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.
F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.
G. Checking Shop Drawings
[For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.
I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.
ARTICLE IV PERFORMANCE PERIOD
[A time must be set for beginning and ending the work under the AGREEMENT. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the AGREEMENT. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the AGREEMENT.]
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY. [Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.]
C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
[Choose either Option 1, 2, 3, or 4]
[Option 1 - Use paragraphs A through K below for Cost-Plus-Fixed Fee AGREEMENTs] A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. [Option 2 - For Cost per Unit of Work AGREEMENTs, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project].
A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.
B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
Article III Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal.
C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment. [Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements (such as oncall Agreements). This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection.]
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. [Local Agency to include either (a) or (b) below; delete the other one] (a) Reimbursement for transportation and subsistence costs shall not exceed State rates. (b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
[Option 4 - Use paragraphs A through E below for lump sum agreements.
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.
D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ATTACHMENT C
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. 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 CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language