On-Call Services RFQ

REQUEST FOR QUALIFICATIONS FOR ON-CALL SERVICES FOR STATE AND FEDERALLY FUNDED PROJECTS Date Released: December 8, 2023 Questions regarding submission, process, or proposal can be emailed to: Randon Reeder Management Analyst rreeder@lemoore.com Proposals must be received prior to 10:00 a.m. on January 4, 2024, at the office of City Clerk: City of Lemoore Department of Public Works/Planning Development 711 W. Cinnamon Drive Lemoore, CA 93245 Oty of LEMOORE CALIFORNIA 2 of 19 TABLE OF CONTENTS Request for Qualifications On-Call Services for State and Federally Funded Projects REQUEST FOR QUALIFICATIONS ......................................................................................................................... 3 PROJECT DESCRIPTION AND BACKGROUND ...................................................................................................... 5 SCOPE OF SERVICES

............................................................................................................................................ 5 PURPOSE OF WORK ...................................................................................................................... 5 TASK ORDERS ................................................................................................................................ 7 GENERAL PERSONNEL REQUIREMENTS ........................................................................................ 7 DELIVERABLES ............................................................................................................................... 9 SCHEDULE ..................................................................................................................................... 9 METHOD OF PAYMENT ................................................................................................................. 9 MATERIALS TO BE PROVIDED BY THE CONSULTANT .................................................................... 9 RESPONSIBILITIES OF THE CITY ..................................................................................................... 9 SUBMITTAL REQUIREMENTS ............................................................................................................................ 10 PROPOSAL EVALUATION .................................................................................................................................. 15 EVALUATION PROCESS ................................................................................................................ 15 EVALUATION CRITERIA................................................................................................................ 16 ATTACHMENTS Exhibit 10-G: Individual A&E Task Order DBE Tracking Sheet Exhibit 10-I: Notice to Proposers DBE Information Exhibit 10-O1: Consultant Proposal DBE Commitment Exhibit 10-O2: Consultant Contract DBE Commitment Exhibit 10-Q: Disclosure of Lobbying Activities Exhibit 10-R: A&E Sample Contract Language Exhibit 10-U: Consultant in Management Support Role Conflict of Interest and Confidentiality Statement Exhibit 15-H: DBE Information - Good Faith Efforts 3 of 19 REQUEST FOR QUALIFICATIONS On-Call Services for State and Federally Funded Projects The City of Lemoore (City) is seeking a qualified consulting firm to provide civil engineering & grant management services on an on-call basis. The response to this solicitation will be in the form of a Statement of Qualifications. Reach out to Randon Reeder, addressed below, for documents pertaining to RFQ. The City intends to enter into an agreement with one (1) qualified consulting firm for the requested services. Total amount payable to the Consultant shall not exceed $4,000,000 and with a performance period of the contract of 3 years, with the option of two one-year extensions for a total of five years. All qualified firms interested in providing these services are invited to submit their Statement of Qualifications (SOQs). The Consultants SOQs will be evaluated and ranked according to the criteria provided in the Proposal Evaluation procedures of this Request for Qualifications (RFQ). Addenda to this RFQ, if issued, will be sent to all prospective Consultants the City has specifically e- mailed a copy of the RFQ to and will be posted on the Citys website at: https://lemoore.com/ifb It shall be the Consultants responsibility to check the Citys website to obtain any addenda that may be issued. The Consultants attention is directed to the Submittal Requirements section of this RFQ. Submit five (5) hard copies and one (1) electronic copy in PDF format on a CD/DVD/Flash Drive, of the Consultants SOQs. The hard copies and CD/DVD/Flash Drive shall be mailed or submitted to the City of Lemoore, 711 W. Cinnamon Drive Lemoore, CA 93245, prior to 10:00 a.m. on January 4, 2024. SOQs shall be submitted in a sealed package clearly marked ON-CALL SERVICES FOR STATE AND FEDERALLY FUNDED PROJECTS and addressed as follows: Randon Reeder Management Analyst City of Lemoore Department of Public Works/Planning Development 711 W. Cinnamon Drive Lemoore, CA 93245 Submittals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant. Any proposals received prior to the time and date specified above may be withdrawn or modified by written request of the Consultant. To be considered, however, the modified submittal must be received prior to 10:00 a.m. on January 4, 2024. https://lemoore.com/ifb 4 of 19 Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected. Upon review of submitted proposals, the Selection Committee will determine whether interviews are necessary to determine a Consultant selection. Interviews will be held with the top ranked consultant. The City reserves the right to hold interviews or make a Consultant selection based solely on the Statement of Qualifications received. This RFQ does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure, or contract for services. The City reserves the right to accept or reject any or all SOQs received as a result of this request, to negotiate with any qualified Consultant, or to modify or cancel in part or in its entirety the RFQ if it is in the best interest of the City to do so. The prospective Consultants are advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the City. All products used or developed in the execution of any contract resulting from this RFQ will remain in the public domain at the completion of the contract. The anticipated consultant selection schedule is as follows, but subject to change: SOQ review and evaluation: Week of January 11, 2024 Cost Negotiation: Week of January 18, 2024 Contract Award: Week of January 25, 2024 Any questions related to this RFQ shall be submitted in writing to the attention of Randon Reeder via email at rreeder@lemoore.com. Questions shall be submitted before 5:00 p.m. on December 21, 2023. Answers to questions shall be posted on the City website or sent out to prospective consultants before 5:00 p.m. on December 27, 2023. No oral question or inquiry about the RFQ shall be accepted. mailto:rreeder@lemoore.com 5 of 19 PROJECT DESCRIPTION AND BACKGROUND The City will select one qualified consulting firm to provide on-call engineering services related to federal and state funded projects, including, but not limited to, funding programs such as CMAQ, HIP, ATP, CDBG, and others. The consultant shall provide civil engineering, grant writing, master project planning, construction management/administration services and follow the City Standards along with all pertinent State, Federal and City rules and regulations. This solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term. The City will execute one (1) on-call contract for Services for Federal and State funded projects. The City does not guarantee a specific number of projects or dollar amount will be contracted. SCOPE OF SERVICES PURPOSE OF WORK The City intends to fund & construct various projects that are state and federally funded. In order to comply with state and federal regulations and due to limited staffing and expertise, certain services are contracted out. The selected consultant shall perform grant writing, site investigations, cost estimating, planning, preliminary engineering, civil engineering design, land surveying, construction management and other services as deemed necessary by the City for which the consultants are qualified related to federal, and state funded projects. The consultants shall only perform work that is assigned in an authorized Task Order. This Contract does not guarantee that a Task Order shall be issued. The consultant may provide services to the city including, but not limited to, the following: Project Management The Management Analyst will serve as the contract manager and direct liaison between the consultant and Caltrans District Division of Local Assistance. The consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, grant writing, meeting deadlines for grant submissions, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City and consultant subconsultants, and preparing all submissions for the City to submit to Caltrans Local Assistance. Preliminary Engineering Studies Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometrics, Hydraulics, Geotechnical, Bridge, Landscape Architecture, Traffic Operations, Electrical, ITS Elements, etc. Grant Research & Development- Identify grants that aligns with the Citys needs and assist the City in obtaining new grants. Grant Writing & Administration Complete state and federal grant applications for competitive programs, assist in community engagement meetings, & complete public surveys. Grant Management - Prepare and submit regular progress reports to grantors in accordance with established timelines. Maintain accurate and complete grant files, including financial records, progress reports, and correspondence. Ensure timely submission of all required grant- related documentation. Develop and maintain a grant management plan outlining key milestones, deliverables, and responsibilities. Monitor grant expenditures and budget adherence, ensuring compliance with grantor requirements. Coordinate with program staff to 6 of 19 ensure project activities align with the grant's objectives. Maintain detailed records of grant- related activities and documentation to demonstrate compliance. Environmental Studies and Documentation Complete the environmental review; including submitting the Caltrans Preliminary Environmental Study and preparing any required technical studies to complete the NEPA document. The consultant will assist the City in preparing the CEQA document. Utility Coordination Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, including relocation of the utility poles, as needed. Right of Way Phase & Determination Consultant shall prepare Request for Authorization to advance project to Right of Way Phase using procedures outlined in the Caltrans Local Assistance Procedures Manual. When authorized, consultant shall review right-of-way records and establish additional right-of-way along the entire alignment, if necessary. Design Design the improvements and prepare the plans, specifications, and estimates in accordance with Caltrans Standards and AASHTO Geometric Design guidelines to achieve project objectives. Consultant shall examine and present project alternatives, as necessary, which complete project goals within construction budget. PS&E shall be submitted to the City at 60%, 90%, and final contract documents. Coordination with Adjacent Properties Coordinate with adjacent property to establish driveway locations and other modifications required in front of their property such as fence relocations, mailbox relocation, or tree removal. Construction Phase Authorization Consultant shall prepare Request for Authorization to advance project to Construction using procedures outlined in the Caltrans Local Assistance Procedures Manual. Bid Process Provide an electronic copy of the final approved plans and specifications, a mylar copy of the final approved plans, and a hard copy of the final approved specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. City will be responsible for making copies of contract documents and will distribute to plan rooms and contractors. Consultant shall respond to questions that arise during the bid phase and prepare addendums which will be distributed by the City, as necessary. Construction Management Consultant shall provide construction management and construction observation services during construction. Construction management scope of activities including but not limited to, convene a pre-construction meeting with City, contractors, utility company representatives, etc., perform construction staking, construction observation during construction , daily field reports, prepare and maintain detailed documentation including photographs and/or video if warranted, convene construction progress meetings as required, review contractor pay requests, review proposed change orders, review and recommend final acceptance of project by City. Project Administration Consultant shall prepare and submit Requests for Authorization (RFA) to Caltrans Local Assistance for the various phases of work including, but not limited to the following: Preliminary Engineering (PE) Right of Way (R/W) Utility Relocation (RW/UTIL) Construction (CON) 7 of 19 Consultant shall prepare and submit Award Package and Final Report of Expenditures to Caltrans and shall assist the City on the preparation of Federal and State invoices. These services shall be in accordance with Caltrans Standards, FHWA Standards, and the Citys Standards. TASK ORDERS All work performed under this contract will require approval by the City Contract Administrator and issued through a Task Order. A task order shall be requested from the Consultant to identify and refine the scope of services prior to the City issuing the task order. The task order shall identify and refine the scope of services for any specific project. The task order shall detail the tasks required for each project, schedule, DBE commitment, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultants to establish the maximum fee, including expenses, for the specific project and the completion date. Pursuant to an authorized Task Order, the consultants shall provide engineering services and all necessary personnel, material, transportation, lodging, instrumentation, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable Federal, State, and Local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the consultants services and work product. The consultants are responsible for supplying and providing all necessary equipment and protective clothing in accordance with City standards. The potential projects may vary in scope and size and may encompass any type of improvement for the transportation system including, but not limited to, roadway rehabilitation, widening and/or realignment of existing facilities, relocation of existing facilities, and construction of new facilities. The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order. The consultants shall only perform work that is assigned in an authorized Task Order and an award of a contract does not guarantee any Task Orders will be issued. Work shall not begin until the Task Order has been approved by the Contract Administrator. Task orders may be issued to City Engineer for applicable projects. The consultants shall maintain a set of project files that shall be provided to the City upon request. The consultants shall have the ability to respond in a timely and cost-efficient manner to City requests. GENERAL PERSONNEL REQUIREMENTS The consultants personnel shall be capable, competent, and experienced in performing the types of work in this Contract with minimal instruction. Personnel skill level should match the specific job classifications, as set forth herein or in the consultants Cost Proposal and task complexity. The consultants personnel shall be knowledgeable about, and comply with, all applicable Federal, State, and Local laws and regulations. The consultant responsible person shall be a qualified professional civil engineer experienced with design and administration of federal and state funded projects and shall be currently employed by the consultant or its Subconsultants at the time the deliverables are submitted to the City for consideration under the review and acceptance process. 8 of 19 The consultant is required to submit a written request and obtain the Citys Contract Administrators prior written approval for any substitutions, additions, alterations, or modifications to the consultants originally proposed personnel and project organization, as depicted on the proposed consultants organization chart or the consultants cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the consultants Cost Proposal and not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the City. The consultant Contract Manager shall be a Registered Professional Engineer (PE) licensed in the State of California in good standing with the California State Board for Professional Engineer, Land Surveyors, and Geologists at all times during the Contract period, to perform the tasks described in this Contract and in the Task Orders. In addition to other specified responsibilities, the consultant Project Manager shall be responsible for all matters related to the consultants personnel, subconsultants, and consultants and sub-consultants operations including, but not limited to, the following: a. Ensuring that deliverables are clearly defined, and those criteria are specific, measurable, attainable, realistic and time bound. b. Supervising, reviewing, monitoring, training, and directing the consultants and sub-consultants personnel. c. Assigning qualified personnel to complete the required Task Order work in coordination with the City Contract Administrator. d. Administering personnel actions for consultant personnel and ensuring appropriate actions taken for Subconsultant personnel e. Maintaining and submitting organized project files for record tracking and auditing. f. Developing, organizing, facilitating, and attending scheduled coordination meetings, and preparation and distribution of meeting minutes. g. Implementing and maintaining quality control procedures to manage conflicts, ensure product accuracy, and identify critical reviews and milestones. h. Assuring that all applicable safety measures are in place. i. Providing invoices in a timely manner and providing monthly Contract expenditures. j. Reviewing invoices for accuracy and completion before billing to City. k. Managing Subconsultants. l. Managing overall budget for Contract and provide report to the City Contract Administrator. m. Monitoring and maintaining required DBE involvement. n. Ensuring compliance with the revisions in the Contract and all specific Task Order requirements. o. Knowledge, experience, and familiarity with prevailing wage issues and requirements in the State of California. 9 of 19 DELIVERABLES As agreed upon by the City and consultant in a Task Order for each project. SCHEDULE As agreed upon by the City and consultant in a Task Order for each project. METHOD OF PAYMENT Consultant shall be paid based on the Specific Rates of Compensation for this Contract and for the amount as agreed upon by the City and consultant in a Task Order for each project. Consultant shall submit request for monthly progress payments. MATERIALS TO BE PROVIDED BY THE CONSULTANT Unless otherwise specified, the consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate outlined in each Task Order. RESPONSIBILITIES OF THE CITY The City shall be responsible for compensating the Consultant as provided in the Contract agreement for services rendered. The City is to provide a City Representative who will represent the City and who will work with the consultant in carrying out the provisions of this RFQ. The Consultant shall communicate with the City Representative (Randon Reeder, Management Analyst) who will provide the following services: a. Examine documents submitted to the City by the Consultant and render timely decisions pertaining thereto. b. Give reasonably prompt consideration to all maters submitted by Consultant for approval to the end that there will be no substantial delays in Consultants program of work c. Process invoices submitted by Consultant d. Approve or Deny all change order (CO) work submitted by Consultant e. Provide Consultant with surveys, maps and other documentation, if available and necessary, for the completion of Consultants work f. Act as coordinator between Consultant and other City representatives g. Provide City Record improvement drawings as necessary for the design h. Provide exhibits of the available right-of-way for the project(s) 10 of 19 SUBMITTAL REQUIREMENTS These guidelines are provided for standardizing the preparation and submission of Statement of Qualifications (SOQs) by all consultants. The intent of these guidelines is to assist consultants in preparation of their qualifications, to simplify the review process, and to help assure consistency in format and content. SOQs shall be a maximum of 12 pages (6 sheets) including cover sheets and shall contain the following information in the order listed: 1. Introductory Letter The introductory (or transmittal) letter shall be addressed to: Randon Reeder, Management Analyst City of Lemoore, Department of Public Works/Planning Development 711 W. Cinnamon Drive Lemoore, CA 93245 The letter shall be on consultant letterhead and include the consultants contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the consultants understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addenda received must be acknowledged in the transmittal letter. The letter shall be wet signed in blue ink by the individual authorized to bind the consultant to the proposal. 2. Consultant Information, Qualifications & Experience The City will only consider submittals from consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include detailed descriptions of previous projects where the consultant has demonstrated the capacity to manage municipal projects funded by State and/or Federal funds, which include the following information: 1. Contracting agency 2. Contracting agency Project Manager/Contact Person including name, address and phone 3. Contracting agency contact information 4. Contract amount 5. Funding source 6. Date of contract 7. Date of completion 8. Consultant Project Manager and contact information Describe and list demonstrated experience on projects administered by Caltrans Local Assistance and funded by State and/or Federal funds. Lastly, consultant shall describe and list successful grant applications for other similar agencies. 3. Organization and Approach 1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subcontractors and number of project staff, facilities available and experience of 11 of 19 your team as it relates to this contract. Provide an organizational chart. 2. Describe your project and management approach. 3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Projects Scope of Work, as well as the length of employment with the proposing consultant. Key members, especially the Project Manager, shall have significant demonstrated experience with this type of project, and should be committed to stay with the project for the duration of the project. 4. Demonstrate that the consultants project manager and project staff have enough availability and/or that consultant has sufficient resources to timely deliver Citys Federal and State Funded projects. 4. Conflict of Interest Statement All firms are required to disclose throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing design engineering services and/or construction engineering services under a contractual relationship with a construction contractor(s) on any City project related to this solicitation. Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any design engineering services including claim services, lead project management services and construction engineering services provided to all other clients on any City project listed in this solicitation. In addition to the disclosures, the consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest. The consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the Citys projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. The City will use this documentation to determine whether the firm may provide the specified services under this contract. If a consultant discovers a conflict during the execution of an assigned task order, the consultant must immediately notify the City Contract Manager regarding the conflicts of interest. The City Contract Manager may terminate the Task Order involving the conflict of interest and City may obtain the conflicted services in any way allowed by law. Failure by the consultant to notify City Contract Manager may be grounds for termination of the contract. 5. Litigation Indicate if the proposing consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result. 6. Contract Agreement Indicate if the proposing consultant has any issues or needed changes to the proposed contract agreement included as Attachment A. The consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due. A contract WILL NOT be awarded to a consultant without an adequate financial management and accounting system as required by 49 CFR Part 18, 48 CFR Part 31, and 2 CFR Part 200. 12 of 19 7. Federal-Aid Provisions The proposing Consultants services are federally funded, which necessitate compliance with additional requirements. Special attention is directed to Local Assistance Procedures Manual Exhibit (LAPM) Exhibit 10- R, A&E Sample Contract Language, Exhibit 10-U, Consultant in Management Position Conflict of Interest Statement, and Exhibit 10-I, Notice to Proposers DBE Information. The proposing Consultant shall complete and submit the following forms with the proposal to be considered responsive. These forms and instructions are provided for the proposer in the following Attachments. Exhibit 10-G: Individual A&E Task Order DBE Tracking Sheet Exhibit 10-I: Notice to Proposers DBE Information Exhibit 10-O1: Consultant Proposal DBE Commitment Exhibit 10-O2: Consultant Contract DBE Commitment Exhibit 10-Q: Disclosure of Lobbying Activities Exhibit 10-R: A&E Sample Contract Language Exhibit 10-U: Consultant in Management Support Role Conflict of Interest and Confidentiality Statement Exhibit 15-H: DBE Information - Good Faith Efforts This solicitation is financed in whole or in part and therefore subject to Title 49, Code of Federal Regulations, Part 26 entitled Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. To ensure equal participation for Disadvantaged Business Enterprise (DBE) groups specified in 49 CFR 26.5, a DBE participation is required. Only participation by certified DBEs will count toward the contract goal for this solicitation. In order to count toward a contract goal, a firm must be certified by the California Unified Certification Program (CUCP) and possess the work codes applicable to the type of work the firm will perform on the Agreement by the SOQ submittal due date. For a list of work codes, go to http://www.dot.ca.gov/hq/bep/find_certified.htm. It is the proposers responsibility to verify that the DBE firm is certified as a DBE by the specified SOQ submittal due date and time. For a list of DBEs certified by the CUCP, go to: http://www.dot.ca.gov/hq/bep/find_certified.htm. Reference Statement of Qualifications Submittal Requirements for detailed information and references to the required forms. Required forms will be made part of the agreement. Failure to meet the DBE goal or Good Faith Effort requirements and provide required DBE participation at due date and time of SOQ submittal may result in the SOQ submittal being rejected as non-responsive. Federal and/or State prevailing wage rates may apply. This requirement, if applicable, will be specified in the draft Agreement. All contractors and subcontractors who bid or work on public works projects must register with the Department of Industrial Relations (DIR). Local Agency Proposer DBE Commitment (Consultant Contracts); (LAPM 10-O1). The local agencys current contract DBE Goal is 18%. DBE Information - Good Faith Effort (LAPM 15-H) Required only if DBE goal is not achieved. It is recommended that proposer prepare and submit a FFE irrespective of meeting the DBE goal. Disclosure of Lobbying Activities (LAPM 10-Q) http://www.dot.ca.gov/hq/bep/find_certified.htm http://www.dot.ca.gov/hq/bep/find_certified.htm 13 of 19 Upon award and through completion of the project, the successful proposing Consultant will be required to follow applicable federal-aid requirements and shall complete and submit with the agreement the following forms at the time of award: Local Agency Proposer DBE Information (Consultant Contracts) (LAPM 10-02) Any other relevant forms required during the project. Consultant shall demonstrate familiarity of providing services for federally funded projects and has clear understanding of requirements/needs to facilitate the project through Local Assistance and Local Assistance Procedures Manual. 8. Cost Proposal The consultant performs the specific items of work for services stated in the contract. The method of payment is specific rates of compensation. In order to assure that the City of Lemoore is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the proposal shall include a cost proposal for each service of the proposal. Proposing Consultants will be required to submit certified payroll records, as required. Cost proposal shall be submitted in a separate sealed envelope from the proposal. The cost proposal is confidential and will remain sealed until all proposals have been reviewed, and the most qualified consultant has been selected. The top ranked consultants cost proposal is opened just prior to negotiations. All other cost proposals are returned unopened after contract execution. Consultant shall prepare a specific rate of compensation Fee estimate with progress payments at defined milestones/tasks. Selected Consultant shall comply with Chapter 10.1.3 of the Local Assistance Procedures Manual regarding the A&E Consultant Contract Audit and Review process. A pre-award or post-award may be performed on any contract issued as a result of this RFQ. Financial Document Review Request form must be completed and approved by the Independent Audits and Investigations (IOAI) prior to contract execution. 9. Successful Past Performance with Grant Applications Proposals must provide a list of successful past awards with grant applications for other local agencies. Describe your teams experience with grant Implementation and compliance for the following: Develop and maintain a grant management plan outlining key milestones, deliverables, and responsibilities. Monitor grant expenditures and budget adherence, ensuring compliance with grantor requirements. Coordinate with program staff to ensure project activities align with the grant's objectives. Maintain detailed records of grant-related activities and documentation to demonstrate compliance. Describe your teams experience with grant reporting and documentation for the following: Prepare and submit regular progress reports to grantors in accordance with established timelines. Maintain accurate and complete grant files, including financial records, progress reports, and correspondence. 14 of 19 Ensure timely submission of all required grant-related documentation. 10. Past Work Performance with the City & Current Workload Proposals must provide a statement regarding the firms past work with the City, if any. This statement will summarize the type of work performed for the City, contract amount, date, and contact person. In order to assure the Citys best interest is protected, the Consultant shall disclose all current workload for each staff members who will be assigned to this project. 15 of 19 PROPOSAL EVALUATION EVALUATION PROCESS All submittals will be evaluated by City Selection Committee. The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the City Contract Administrator/Project Manager only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer. The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFQ. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City requirements as set forth in this RFQ. The selection process may include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted. Interviews will be held with the top three ranked candidates. In the event that the City receives no more than one SOQ, the City may opt to not conduct an oral interview. Upon completion of the evaluation and selection process, only the cost proposal from the most qualified consultant will be opened to begin cost negotiations. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded. 16 of 19 EVALUATION CRITERIA Proposals will be evaluated according to each Evaluation Criteria and scored on a zero to five-point rating, as shown in the following table. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any proposal is five hundred (500) points. Below is a summary of the Evaluation Criteria and their respective weights. Rating Scale 0 Not Acceptable Non-responsive, fails to meet RFQ specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of submittal. 1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project objectives per RFQ. 2 Fair Has a reasonable probability of success, however, some objectives may not be met. 3 Average Acceptable, achieves all objectives in a reasonable fashion per RFQ specification. This will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members. 4 Above Average / Good Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFQ requirements and expectations. 5 Excellent / Exceptional Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFQ specification. Weighted scores for each Proposal will be assigned utilizing the table below: No. Written Evaluation Criteria Rating Weight Score (Rating * Wight) 1 Completeness of Response Pass/Fail Pass/Fail Pass/Fail 2 Qualifications & Experience 10 3 Organization & Approach 5 4 Past Experience on Municipal Projects 5 5 Staff Availability 5 6 Conflict of Interest Statement Pass/Fail Pass/Fail Pass/Fail 7 Familiarity with State & Federal Procedures 10 8 Grant Management 30 9 Successful Past Performance with Grant Applications 30 10 Current Workload 5 Total: 100 17 of 19 1. Completeness of Response (Pass/Fail) a. Responses to this RFQ must be complete. Responses that do not include the proposal content requirements identified within this RFQ and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process. 2. Qualifications & Experience (10 points) a. Relevant experience, specific qualifications, and technical expertise of the firm and sub- consultants to conduct civil engineering services on both federal and non-federal aid projects. 3. Organization & Approach (5 points) a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward b. Roles and Organization of Proposed Team i. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previously worked together on similar project(s). iii. Overall organization of the team is relevant to City needs. c. Project and Management Approach i. Team is managed by an individual with appropriate experience in similar projects. This persons time is appropriately committed to the project. ii. Team successfully addresses Site Planning and Programming efforts. iii. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones. d. Roles of Key Individuals on the Team i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project. ii. Key positions required to execute the project teams responsibilities are appropriately staffed. e. Working Relationship with City i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process. ii. Team leadership understands the nature of public sector work and its decision-making process. iii. Proposal responds to need to assist City during the project. 18 of 19 4. Past Experience on Municipal Projects (5 points) a. Consultant demonstrates experience with performance of services within the comparable cities for projects similar in nature to those related to this solicitation. b. Consultant demonstrates successful completion of said projects. c. Consultant is familiar with City standards and procedures. 5. Staff Availability (5 points) a. Consultant demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely deliver projects. 6. Conflict of Interest Statement (Pass/Fail) a. Discloses any financial, business or other relationship with the City that may have an impact upon the outcome of the contract or the construction project. b. Lists current clients who may have a financial interest in the outcome of this contract or the construction project that will follow. c. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project. 7. Familiarity with State and Federal Procedures (10 points) a. Demonstrates past experience administering State and Federal funding programs including but not limited to RSTP, CMAQ, HSIP, ATP, etc. b. Demonstrates familiarity with the Federal Aid Program and Caltrans Local Assistance. 8. Grant Management (30 points) a. Describe your teams experience with grant Implementation and compliance for the following: a. Develop and maintain a grant management plan outlining key milestones, deliverables, and responsibilities. b. Monitor grant expenditures and budget adherence, ensuring compliance with grantor requirements. c. Coordinate with program staff to ensure project activities align with the grant's objectives. d. Maintain detailed records of grant-related activities and documentation to demonstrate compliance. b. Describe your teams experience with grant reporting and documentation for the following: a. Prepare and submit regular progress reports to grantors in accordance with established timelines. b. Maintain accurate and complete grant files, including financial records, progress reports, and correspondence. c. Ensure timely submission of all required grant-related documentation. 19 of 19 9. Successful Past Performance with Grant Applications (30 points) a. Consultant provides a description of past grant work performed, including but not limited to: i. Name of Grant ii. Name of Project iii. Contact Person iv. Funding Amount Secured 10. Current Workload (5 points) a. Consultant describes the firms staff current workload and contract obligations, as well as its ability to prioritize the work of this contracts tasks. This statement provides enough assurances that the consultant will prioritize this contract. I I Local Assistance Procedures Manual Exhibit 10-G Individual A&E Task Order DBE Tracking Sheet Exhibit 10-G: INDIVIDUAL A&E TASK ORDER DBE TRACKING SHEET Please fill out form in order CONSULTANT NAME CONTRACT NUMBER FEDERAL PROJECT NUMBER TASK ORDER NUMBER ADDRESS CONSULTANT CONTRACT ADMINISTRATOR NAME PHONE NUMBER E-MAIL PROJECT TITLE: PROJECT LOCATION: SCOPE OF WORK TOTAL MASTER CONTRACT AMOUNT: END OF CONTRACT DATE: TASK ORDER AMOUNT: TASK ORDER BEGIN DATE: TASK ORDER END DATE: TOTAL DBE CONTRACT ESTIMATE OF THIS TASK ORDER CONSULTANT / SUBCONSULTANT DESCRIPTION OF WORK AMOUNT (NON-DBE) AMOUNT (DBE) % OF DBE SUBTOTAL TOTAL TASK ORDER AMOUNT COMMENTS ON DBE UTILIZATION DEFICIENCIES (COMMITTED VERSUS MET) AND PLANS TO MEET COMMITTED PERCENTAGES: (If percent less than task order DBE goal, briefly state why in 1-2 sentences). The consultant acknowledges the DBE listed in the DBE Task Order Utilization section above must be used, unless authorized by the Local Agency. Approved By: CONSULTANT CONTRACT MANAGERS SIGNATURE DATE LOCAL AGENCY ADMIN SIGNATURE DATE Page 1 of 1 January 2023 I Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION (Federally funded projects only) The Agency has established a DBE goal for this Contract of _____ 1. 2. 3. 4. TERMS AS USED IN THIS DOCUMENT The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. The term "Agreement" also means "Contract." Agency also means the local entity entering into this contract with the Contractor or Consultant. The term "Small Business" or "SB" is as defined in 49 CFR 26.65. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. Page 1 of 2 January 2020 Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website 1. Click on the link titled Disadvantaged Business Enterprise; 2. Click on Search for a DBE Firm link; 3. Click on Access to the DBE Query Form located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. Page 2 of 2 January 2020 https://dot.ca.gov/programs/civil-rights/dbe-search Local Assistance Procedures Manual Exhibit 10-O1 Consultant Proposal DBE Commitment EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: 2. Contract DBE Goal: 3. Project Description: 4. Project Location: 5. Consultant's Name: 6. Prime Certified DBE: 7. Description of Work, Service, or Materials Supplied 8. DBE Certification Number Local Agency to Complete this Section 17. Local Agency Contract Number: 18. Federal-Aid Project Number: 19. Proposed Contract Execution Date: 20. 21. Local Agency Representative's Signature 22. Date 23. Local Agency Representative's Name 24. Phone 25. Local Agency Representative's Title Consultants Ranking after Evaluation: __________________________ Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 9. DBE Contact Information 11. TOTAL CLAIMED DBE PARTICIPATION 10. DBE % % IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. 12. Preparer's Signature 13. Date 14. Preparer's Name 15. Phone 16. Preparer's Title DISTRIBUTION: Original Included with consultants proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. LPP 18-01 Page 1 of 2 January 2019 Local Assistance Procedures Manual Exhibit 10-O1 Consultant Proposal DBE Commitment INSTRUCTIONS CONSULTANT PROPOSAL DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 5. Consultants Name - Enter the consultants firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultants own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 8. DBE Certification Number - Enter the DBEs Certification Identification Number. All DBEs must be certified on the date bids are opened. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultants name and phone number, if the prime is a DBE. 10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item Contract DBE Goal, an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 12. Preparers Signature - The person completing the DBE commitment form on behalf of the consultants firm must sign their name. 13. Date - Enter the date the DBE commitment form is signed by the consultants preparer. 14. Preparers Name - Enter the name of the person preparing and signing the consultants DBE commitment form. 15. Phone - Enter the area code and phone number of the person signing the consultants DBE commitment form. 16. Preparers Title - Enter the position/title of the person signing the consultants DBE commitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 18. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 19. Proposed Contract Execution Date - Enter the proposed contract execution date. 20. Consultants Ranking after Evaluation Enter consultants ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant. 21. Local Agency Representatives Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 23. Local Agency Representatives Name - Enter the name of the Local Agency Representative certifying the consultants DBE commitment form. 24. Phone - Enter the area code and phone number of the person signing the consultants DBE commitment form. 25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultants DBE commitment form. LPP 18-01 Page 2 of 2 January 2019 Local Assistance Procedures Manual Exhibit 10-O2 Consultant Contract DBE Commitment EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: 2. Contract DBE Goal: 3. Project Description: 4. Project Location: 5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount: 8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants: 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Local Agency to Complete this Section 14. TOTAL CLAIMED DBE PARTICIPATION $ 20. Local Agency Contract Number: 21. Federal-Aid Project Number: 22. Contract Execution Date: Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 23. Local Agency Representative's Signature 24. Date 25. Local Agency Representative's Name 26. Phone 27. Local Agency Representative's Title % IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. 15. Preparer's Signature 16. Date 17. Preparer's Name 18. Phone 19. Preparer's Title DISTRIBUTION: 1. Original Local Agency 2. Copy Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-O2 Consultant Contract DBE Commitment INSTRUCTIONS CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultants Name - Enter the consultants firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultants own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBEs Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultants name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the DBE Dollar Amount column. %: Enter the total DBE participation claimed (Total Participation Dollars Claimed divided by item Total Contract Award Amount). If the total % claimed is less than item Contract DBE Goal, an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparers Signature - The person completing the DBE commitment form on behalf of the consultants firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultants preparer. 17. Preparers Name - Enter the name of the person preparing and signing the consultants DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultants DBE commitment form. 19. Preparers Title - Enter the position/title of the person signing the consultants DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representatives Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representatives Name - Enter the name of the Local Agency Representative certifying the consultants DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultants DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultants DBE commitment form. Page 2 of 2 July 23, 2015 --- B ---- Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year ____ quarter _________ f. loan insurance date of last report __________ 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier _______ , if known Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable ____________________ 8. Federal Action Number, if known: 9. Award Amount, if known: 10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer b. one-time fee 13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in-kind; specify: nature _______________ e deferred Value _____________ f. other, specify _________________________ 15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheet(s) if necessary) 16. Continuation Sheet(s) attached: Yes No 17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: ________________________________________ Print Name: _______________________________________ Title: ____________________________________________ Telephone No.: ____________________ Date:___________ Authorized for Local Reproduction Federal Use Only: Standard Form - LLL Standard Form LLL Rev. 04-28-06 Distribution: Orig- Local Agency Project Files Page 1 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 14. Check all boxes that apply. If other, specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 16. Check whether or not a continuation sheet(s) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF- LLL-Instructions Rev. 06-04 Page 2 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language 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 CONSULTANTS 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 Page 1 of 39 May 2023 Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language 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 AGENCYs 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 Page 2 of 39 May 2023 Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language 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 CONSULTANTs Cost Proposal dated (DATE). The approved CONSULTANTs 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. Page 3 of 39 May 2023 Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language 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 CONSULTANTs expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. ARTICLE II CONSULTANTS 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 AGENCYs 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. CONSULTANTs Project Manager shall meet with LOCAL AGENCYs 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 AGENCYs 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. CONSULTANTs Project Manager shall meet with LOCAL AGENCYs 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 Page 4 of 39 May 2023 Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language 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 CONSULTANTs 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. Page 5 of 39 May 2023 https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch06.pdf Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language 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 AGENCYS 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 CONSULTANTS 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 AGENCYs 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. CONSULTANTs 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. Page 6 of 39 May 2023 Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language 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 CONSULTANTs 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 AGENCYs 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 CONSULTANTs work. Invoices shall be mailed to LOCAL AGENCYs 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 CONSULTANTs field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in Page 7 of 39 May 2023 Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language 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 on- call 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 CONSULTANTs 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 AGENCYS 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 CONSULTANTs approved Cost Proposal. Page 8 of 39 May 2023 Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language 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 AGENCYS 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 AGENCYS 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 fo...