CC Resolution 13113 - Authorizing Issuance of a RFQ for Materials Testing On-Call Services RESOLUTION NO. 13113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FOR MATERIALS
TESTING ON-CALL SERVICES; APPROVING AND AWARDING A CONTRACT TO THE MOST
QUALIFIED CONSULTANT; AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NEGOTIATE
THE TERMS OF THE CONSULTANT SERVICES AGREEMENT, AND THE CITY MANAGER TO
EXECUTE SAID AGREEMENT
WHEREAS, materials testing is used to provide quality assurance, soils and construction materials
sampling, testing, and laboratory services for projects under design and/or construction and is performed in
accordance with the City's Quality Assurance Program to ensure compliance with standard plans and
specifications; and
WHEREAS, all sampling and testing must be performed by a certified laboratory in accordance with
procedures established by Caltrans Testing Methods (CTM), or a national recognized standard such as,
American Association of State Highway and Transportation Officials (AASHTO), or American Society for
Testing and Materials (ASTM), etc.; and
WHEREAS, scope and cost of materials testing services differ from project to project depending on the type
and requirements of the project; and
WHEREAS, samples are tested and analyzed in certified material testing laboratories using specialized
equipment by certified personnel with appropriate training; and
WHEREAS, the City does not have the capability nor resources to perform these materials testing services
in-house, therefore, must rely on qualified consultants to provide such services; and
WHEREAS, on May 17, 2019, the City entered into an on-call agreement with RMA Group (RMA)for a term
of three years with a not-to-exceed total amount of$250,000; and
WHEREAS, on April 5, 2022, the City Council amended the agreement via Resolution 12814, extending the
term of the original contract for an additional two years and increasing the not-to-exceed amount from
$250,000 to a total amount of$500,000; and
WHEREAS, to date, approximately $467,000 of the contract has been expended for materials testing to
support eleven projects; and
WHEREAS, the five-year service agreement term with RMA will expire on May 16, 2024; and
WHEREAS, the Caltrans' Local Assistance Procedures Manual (LAPM) limits consultant service
agreements to a maximum term of five years and to ensure uninterrupted materials testing services are
available, a new contract is currently required; and
WHEREAS, to determine the materials testing needs for the next three to five years, the adopted FY2024-
28 CIP provides an indication of funded projects requiring materials testing services; and
WHEREAS, for the first three years, the cost of materials testing services is estimated at approximately
$300,000, roughly $100,000 per year with variance based on the number of task orders issued per year;
and
WHEREAS, it is anticipated that materials testing services will be necessary beyond the three years; and
WHEREAS, staff recommends engaging the consultant initially for a three-year term and should the
performance satisfy the scope of services, have the option to extend for an additional two years for a
maximum cumulative five-year term, not to exceed the federally allowable term limit for service agreements;
and
WHEREAS, the agreement in place will not only serve locally funded projects but also those with
federal/state grant funds because the federal procurement process was followed; and
WHEREAS, an on-call service agreement allows for efficiencies to begin materials testing services when
needed without having to go through the lengthy procurement process for each project, especially for those
with federal/state grant funds; and
WHEREAS, materials testing services to be provided by the consultant under contract with the City will be
performed under individual purchase orders funded by the associated projects.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby authorizes
the issuance of a Request for Qualifications (RFQ) for Materials Testing On-Call Services; approves and
awards a contract to the most qualified consultant, in an amount not-to-exceed $300,000 for an initial term
of three years with the option to extend the term for an additional two years at $200,000 for a total term of
five years with a cumulative not-to-exceed amount of$500,000; and, authorizes the Public Works Director
to negotiate the initial terms of the Consultant Services Agreement and any amendments thereafter, and
the City Manager to Execute said agreement and amendments.
PASSED AND ADOPTED this 6th day of February, 2024, by the following roll call vote:
AYES: Council Members: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Council Members: None '
ABSENT: Council Members: None
APPROVED:
Susan M. Landry, ayor
ATTEST:
(210:4446
Andrea Sanders, City perk
of'C4,a
MEMORANDUM e. - ;=F •3, City of Campbell
•V _•tam__.•
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Public Works Department
To: Brian Brian Loventhal, City Manager Date: 8/8/24
William Seligmann, City Attorney
From: Todd Capurso, Director of Public Works ;�,/,e ..-,..
Subject: Materials Testing On-Call Services:
Execution of Consultant Services Agreement
Attached for your review and signature is the Consultant Services Agreement between the
City and RMA Group for on-call material testing services for City projects. The City Council
adopted Resolution No. 13113 authorizing the issuance of a Request for Qualifications
(RFQ)for Materials Testing On-Call Services; approving the award of a contract to the most
qualified consultant; authorizing the Public Works Director to negotiate the initial terms of
the Consultant Services Agreement; and authorizing the City Manager to execute the
agreement.
Description: Staff advertised the RFQ in February 2024. Four proposals were received
and evaluated by a staff panel. The two top ranked material testing firms, RMA Group and
Ninyo & Moore. were invited to participate in subsequent interviews. RMA Group is
deemed to be the most qualified and staff is recommending the execution of the Consultant
Services Agreement.
The procurement process complies with procedures prescribed by Caltrans Local
Assistance Procedures Manual. Therefore, projects with federal funding would be able to
engage RMA Group for materials testing needs through this Consultant Services
Agreement.
Budget/Cost: Materials testing services to be provided by the consultant under contract
with the City will be performed under individual purchase orders funded by the
associated projects.
Schedule: RMA Group will provide schedules tailored to suit the needs of each individual
project.
Once the City Attorney reviews and approves the attached agreement, please forward the
documents to the City Manager for signature. When the documents are fully signed, please
return them to Public Works Engineering for final processing.
Reviewed and approved by: $! Set&c 1tVin
L3USM,.:3;gunutt3 V,iti::0:33run
City Attorney
Attachments: Consultant Services Agreement
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CITY OF CAMPBELL
. :CONSULTANT SERVJCES AGREEMENT
This Agreement is entered into at Campbell,California on the l day of Kvcllt.,1�$34c ,2024,
by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and RNIA Group, a
California corporation(hereinafter referred to as"Consultant").
WHEREAS, City desires to obtain.materials testing on-call services for the City's projects
and to provide these services in conformance to Attachment A - Scope of Services and fee
Schedule; and
WHEREAS, Consultant represents that it has the expertise, means, and ability to perform
said on-call materials testing services;
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NOW, THEREFOR, in consideration of each other's mutual promises, Consultant and
City agree as follows:
1. DUTIES OF CONSULTANT
I.I Consultant agrees to perform services as set forth in Attachment A - Scope of
Services and fee Schedule, Attachment B - Provisions for Federally Funded Projects, .and
Attachment C - Local Assistance Procedures Manual (LAPM) Exhibits attached hereto and
incorporated herein by reference, and which shall be interpreted together and in harmony with
this Agreement. In the event of any conflict between Attachment A, Attachment B, Attachment
C, and this Agreement. this Agreement shall govern, control, and take precedence. Consultant
specifically agrees to comply with all Assurances set forth in Attachment B,Article XXXII,Title
VI during its performance of the Scope of Services.
1.2 Consultant's project manager will meet with the City's project coordinator prior to
commencement of the project to establish a clear understanding of the working relationships,
authorities,and management philosophy of City as it relates to this Agreement.
1.3 Consultant, working with the City, will gather available existing information
concerning the project,and shall review documents as necessary for compliance with the project's
objectives.
1.4 In performance of this Agreement by Consultant,time will be of the essence.
1.5 Notwithstanding Section IA, Consultant shall not be responsible for delay caused
by activities or factors beyond Consultant's reasonable control, including delays or by reason of
strikes, work slow-downs or stoppages,or acts of God.
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1.6 Consultant agrees to perform this Agreement in accordance with the highest degree
of skill and expertise exercised by members ofConsultant's profession working on similar projects
under similar circumstances. •
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1.7 Consultant shall cooperate in good faith with City in all aspects of the performance
of this Agreement.
1.8 In the course of the performance of this Agreement, Consultant shall act in the
City's best interest as it relates to the project.
1.9 All activities of Consultant, its employees, subcontractors and/or agents will be
carried out in compliance with all applicable federal,state,and local laws and regulations.
1.10 The designated contract manager for Consultant shall be Haitham Dawood. The
Consultant's project manager shall have all the necessary authority to direct technical and
professional work within the scope of the Agreement and shall serve as the principal point of
contact with the City and the City's project coordinator. The authorized principal of Consultant
executing this Agreement for the Consultant shall have authority to make decisions regarding
changes in services, termination and other matters related to the performance of this agreement
on behalf of Consultant.
1.11 The Consultant(and its employees,agents,representatives,and subconsultants),in
the performance of this Agreement, shall act in an independent capacity and not as officers or
officials or employees or agents of the City. The City shall not direct the work and means for
accomplishment of the services and work to be performed hereunder. The City,however,retains
the right to require that work performed by Consultant meet specific standards consistent with the
requirements of this Agreement without regard to the manner and means of accomplishment
thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it
as an independent contractor hereunder. Consultant represents and warrants that it (i) is fully
experienced and properly qualified to perform the class of work and services provided for herein,
(ii)has the financial capability and shall finance its own operations required for the performance
of the work and services and (iii) is properly equipped and organized to perform the work and
services in a competent, timely and proper manner in accordance with the requirements of this
Agreement. Consultant agrees to comply with ABS, codified at Labor Code section 2750.3, and
shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents'
representatives,volunteers,and employees against any claim or liability,including attorneys'fees
and costs,arising in any manner related to this Agreement that an employee,agent or others under
Consultant's supervision or control was misclassified.
1.12 This Agreement contains provisions that permit mutually acceptable changes in the
scope,character or complexity of the work if such changes become desirable or necessary as the
work progresses.Adjustments to the basis of payment and to the time for performance of the work,
if any,shall be established by a written contract amendment(approved and executed by the City)
to accommodate the changes in work.
2. DUTIES OF CITY
2.1 City shall furnish to Consultant all available and pertinent data and information
requested by Consultant to facilitate the preparation of the documents called for in this Agreement.
Consultant shall be entitled to reasonably rely on accuracy and completeness of such information,
provided that Consultant shall make any additional investigation reasonably necessary to confirm
such information and provide City prompt written notice of any known or discovered defects in
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such data and information.
2.2 City shall provide contract administration services. City shall notify Consultant of
required administrative procedures and shall name representatives, if any, authorized to act in its
behalf.
2.3 City shall review documents submitted by Consultant and shall render decisions
pertaining thereto as promptly as reasonably possible.
3. COMPENSATION
3.1 For the full performance of the services described herein by Consultant,City agrees
to compensate Consultant for all services and direct costs associated with the performance of the
project in an amount not to exceed three hundred thousand dollars($300,000)as follows:
a. Once each month,Consultant shall submit for payment by City,an itemized invoice for
services performed during the previous billing period. The invoice shall describe the services
rendered and the title of the item of work,and shall list labor hours by personnel classification. Said
invoice shall be based on all labor and direct expense charges made for work performed on the
project. Labor charges shall be in accordance with the fee schedule found in Attachment A of this
Agreement.City shall pay Consultant for services rendered and approved by the City within 30 days
from the date the itemized invoice is received by the City, subject to the maximum not to exceed
amount specified above and the City's right to object.
b. Direct costs are those outside costs incurred on or directly for the project, and
substantiated with invoices for the charges. Direct expenses include printing, reproduction, and
delivery charges.
3.2 If Consultant incurs other costs which are not specifically covered by the terms of
this Agreement,but which are necessary for performance of Consultant's duties,City may approve
payment for said costs if authorized in writing by the City in advance.
3.3 City may order changes in the scope or character of services in writing, including
decreasing the amount of Consultant's services.In the event that the work is decreased,Consultant is
entitled to full compensation for all services performed and expenses incurred prior to receipt of
notice of change. Under no conditions shall Consultant make any changes to the work, either as
additions or deductions, without the prior written order of the City. In the event, that the City
determines that a change to the work or services from that specified in this Agreement is required,
the contract time and/or actual costs reimbursable by the City for the project may be adjusted by
contract amendment or change order to accommodate the changed work. The maximum not to
exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless
authorized by written contract amendment or change order, approved and executed by the City.
Consultant shall obtain prior written approval for a revised fee schedule from the City before
exceeding such fee schedule. Only City's authorized representative(s) is authorized to approve
changes to this Agreement on behalf of City.
3.4 In no event, will the Consultant be reimbursed for any costs or expenses at any
rates that exceed the rates for set forth in the fee schedule found in Attachment A.
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3.5 Consultant agrees that the payments to Consultant specified in this Article 3
(Compensation) will constitute full and complete compensation for all obligations assumed by
Consultant under this Agreement. Where conflicts regarding compensation may occur, the
provisions of this section apply.
4. SUBCONSULTANTS
4.1 Consultant may not subcontract any services required under this Agreement
without the prior written consent of the City.
4.2 Consultant shall be responsible to City for the performance of any and all
subconsultants who perform work under this contract,and any acts of negligence or misconduct on
their part. Consultant is solely responsible for all payments due to subconsultants.
4.3 Consultant shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein, including naming the City of Campbell, its officers,
officials, directors, agents' representatives, volunteers, and employees as additional insureds. Any
modification to the insurance requirements for subcontractors must be agreed to by the City in
writing.
4.4 If at any time,the City determines any subcontractor is incompetent or unqualified,
Consultant will be notified and will be expected to immediately cancel the subcontract.
5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings,documents,papers,data,materials, photographs, negatives and other
work products prepared by the Consultant and/or its subconsultants in the performance of the services
encompassed in this Agreement (whether in printed or electronic format) ("project-related
documents and materials")shall be the property of the City and may be used on this project without
the consent of the Consultant or its subcontractors. City acknowledges that such drawings,
documents, and other items are instruments of professional services intended for use only on the
subject project.Consultant agrees that all copyrights which arise from creation of the Project-related
documents and materials pursuant to this Agreement shall be vested in the City and waives and
relinquishes all claims to copyright or other intellectual property rights in favor of the City. Any
project-related documents and materials related to this Agreement shall be confidential, not to be
used by the Consultant on other projects or disclosed to any third party, except by agreement in
writing by the City, or except as otherwise provided herein. Upon the completion or termination of
this Agreement for any reason,the City shall be entitled to receive, and Consultant shall promptly
provide to the City upon request,all fmished and unfinished project-related documents and materials,
produced or gathered by or on behalf of Consultant that are in Consultant's possession, custody or
control. Consultant may retain copies of said documents and materials for its files. In the event of
termination,any dispute regarding compensation or damages shall not hinder,prevent,or otherwise
impact the City's right to promptly receive and use such documents and materials which are the sole
and exclusive property of the City.
6. TERMINATION
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6.1 Notwithstanding any other provision of this Agreement, City may terminate this
Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to
Consultant not less than thirty(341 calendar days prior to an effective termination date.In the event
of such termination,Consultant shall have the right and obligation to immediately assemble the work
' then in progress for the purpose of completing the work and turning over all materials and
documents to City.
6.2 In the event of such termination, Consultant shall be compensated for all work and
services performed to the point of termination in accordance with the payment provisions set forth in
Section 3, unless the termination is for cause,in which event Consultant need be compensated only
to the extent required by law.
6.3 Upon notice of termination by City, the Consultant will immediately act to not
incur any additional obligations, costs or expenses, except as may be reasonably necessary to
terminate its activities.All fmished or unfinished work or documents procured or produced under
the Agreement will become property of the City upon the termination date. In the event of
Consultant's failure to perform pursuant to the Agreement, the City reserves the right to obtain
services elsewhere and Consultant will be liable for the difference between the prices set forth in
the terminated Agreement and the actual cost to the City.Termination of the Agreement pursuant to
this paragraph shall not relieve the Consultant of any liability to City for additional costs,expenses,
or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement.
City may withhold any payments to Consultant for the purpose of set off until such time as the exact
amount of damages due City from Consultant is determined.After the effective date of termination,
Consultant will have no further claims against the City under the Agreement.No other compensation
will be payable for anticipated profit on unperformed services.
7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all data and
records relating to its performance under this Agreement for a period of three years following
acceptance of the final study.
8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race,
religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical
condition, disability, ancestry, organizational affiliation, military or veteran status, or any other
consideration made unlawful by local, State or Federal law, of any employee of, or applicant for
employment with, such Consultant or subcontractor. City requires Consultant to comply with all
applicable Federal and State and local equal employment opportunity laws and regulations.
9. INSURANCE AND INDEMNIFICATION
9.1 With respect to any design professional services provided by Consultant, the
Consultant agrees to indemnify,and hold harmless the City,its officers,and employees to the fullest
extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and
losses,that arise out of,pertain to,or relate to the negligence,recklessness,or willful misconduct of
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the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities
proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for
acts of Consultant in performing services described herein. Notwithstanding anything in this
paragraph to the contrary,any defense costs charged to the design professional under this paragraph
shall not exceed the design professional's proportionate percentage of fault,except:
a. That in the event one or more defendants is unable to pay its share of defense costs
due to bankruptcy or dissolution of the business,the design professional shall meet and confer with
the other parties regarding unpaid defense costs in good faith effort to agree on the allocation of those
costs amongst the parties; and
b. Where a project-specific general liability policy insures all project participants for
general liability exposures on a primary basis and also covers all design professionals for their legal
liability arising out of their professional services on a primary basis,then there shall be no limitation
on the design professional's duty to provide a defense and cover the City's cost of defense.
With respect to all matters other than those covered by the foregoing paragraph,Consultant agrees to
indemnify,defend(with counsel reasonably satisfactory to the City)and hold harmless the City,its
officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent
allowed by law from and against any and all claims, actions, causes of action, losses, damages,
liabilities and costs of every nature, including attorneys' fees and costs (collectively, "Losses")
including but not limited to all claims, actions, causes of action, losses, damages, liabilities for
property damage,bodily injury,or death,and all costs of defending any claim,caused by or arising
out of, or alleged to have been caused by or arise out of, in whole or in part, Consultant's
performance under this Agreement, except for any claims, actions, causes of action, losses,
damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of
City. City shall not be liable for acts of Consultant in performing services described herein.
In no event shall this section be construed to require indemnification by the Consultant to a greater
extent than permitted under the public policy of the State of California; and in the event that this
contract is subject to California Civil Code section 2782(6), the foregoing indemnity provisions
shall not apply to any liability for the active negligence of the City.
The defense and indemnity provisions obligations of this Agreement are undertaken in addition to,
and shall not in any way be limited by the insurance obligations contained in this Agreement. The
foregoing indemnity provisions are intended to fully allocate the parties' risk of liability to third-
parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise
between the parties that are not set forth in this section.Consultant waives all rights to subrogation
for any matters covered by the provisions of this section. Consultant's responsibility for such
defense and indemnity obligations as set forth in this section shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
9.2 Consultant shall maintain insurance conforming to the following specifications
to the fullest amount allowed by law for a minimum of three(3)years following the termination
or completion of this Agreement:
A. Types of Coverage
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The policies shall afford the following types of coverage:
1. Commercial General Liability;
2.Automotive;
3. Workers' Compensation and Employer Liability; and
4. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
I. For Commercial General Liability: Insurance Services Office (ISO)
CGL Form 00 01 11 85; and
2. For Automotive Liability: ISO CA 00 01 06 92 including symbol l(any
auto); and
3. For Workers' Compensation: insurance as required by the Labor Code
of the State of California and Employer's Liability insurance;and
4. For Professional Liability and/or Errors and Omissions: insurance
covering negligence committed by or on behalf of Consultant in
rendering services to City.
. C. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability:$1,000,000 combined single limit per occurrence for bodily,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used,either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. Workers'Compensation and Employer's Liability:Workers'Compensation
limits as required by the Labor Code of the State of California and
Employer's Liability limits of $1,000,000 per accident. The Worker's
Compensation policy must be endorsed with a waiver of subrogation in
favor of the City for all work performed by the Consultant and its
employees.
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4. Professional Liability and/or Errors and Omissions: $1,000,000 per claim
and $2,000,000 in the annual aggregate.
The limits of insurance required in this Agreement may be satisfied by a combination
of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a
primary and non-contributory basis for the benefit of City (as agreed to in this
Agreement) before the City's own insurance or self-insurance shall be called upon to
protect it as a named insured.
D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by
the City,and shall not reduce the limits of liability.At the option of the City,either:the
insurer shall reduce or eliminate such deductibles or self-insured retention as respects
the City, its agents, officers, attorneys, employees, officials and volunteers; or the
Consultant shall procure a bond guaranteeing payment of losses related to
investigations, claim administration, and defense expenses. Policies containing any
self-insured retention provision shall provide or be endorsed to provide that the self-
insured retention may be satisfied by either the named insured or the City.
E. Other Insurance Provisions
The policies are to contain,or be endorsed to contain,the following provisions:
1. General Liability and Automobile Liability Coverage:
a. The City, its agents,officers, attorneys, employees,officials and
volunteers are to be covered as additional insureds as respects: liability arising
out of this Agreement performed by or on behalf of the Consultant, products
and completed operations of the Consultant,premises owned,occupied or used
by the Consultant, or automobiles owned, leased, hired or borrowed by the
Consultant. It is a requirement of this Agreement that any available insurance
proceeds broader than or in excess of the specified mm 1 mum insurance
coverage requirements and/or limits set forth in this Agreement shall be
available to the City as an additional insured.Furthermore,the requirements for
coverage and limits shall be (1)the minimum coverage limits specified in this
Agreement, or (2) the broader coverage and maximum limits of coverage of
any insurance policy or proceeds available to the named insured,whichever is
affords greater coverage.
b. The Consultant's insurance coverage shall be primary insurance
as respects the City, its agents, officers, attorneys, employees, officials and
volunteers.Any insurance or self-insurance maintained by the City, its agents,
officers, attorneys, employees, officials and volunteers shall be excess of the
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Consultant's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its agents, officers, attorneys,
employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought except with respect to the limits
of the insurer's liability.
2. Workers' Compensation and Employer's Liability Coverage: The
insurer shall agree to waive all rights of subrogation against the City,its
agents, officers, attorneys, employees, officials, and volunteers for
losses arising from work performed by the Consultant for the City.
3. All Coverages: Any unintentional failure to comply with reporting
provisions of the policies shall not affect coverage provided to the City;
and unless otherwise approved by the City, each insurance policy
required by this clause shall be endorsed to state that coverage shall not
be canceled by either party, except after thirty (30) days prior written
notice by regular mail has been given to the City, or ten (10) days for
cancellation for non-payment of premium.
F. Suspension or Cancellation
If any of the coverages required by this Agreement should be suspended,
voided, cancelled or reduced in coverage during the term of this Agreement,
Consultant shall immediately notify City and replace such coverage with another
policy meeting the requirements of this Agreement.
G. Subcontractors
Consultant agrees that any and all contracts with subcontractors for
performance of any matter under this Agreement shall require the subcontractors to
comply with the same indemnity and insurance requirements set forth in this
Agreement to the extent that they apply to the scope of the subcontractors' work.
Subcontractors are to be bound to contractor and to City in the same manner and to the
same extent as the Consultant is bound to City under this Agreement. Subcontractors
shall further agree to include these same provisions with any sub-subcontractor.A copy
of this Agreement will be furnished to the subcontractor on request. The Consultant
shall require all subcontractors to provide a valid certificate of insurance and the
required endorsements included in the Agreement prior to commencing any work,and
will provide proof of compliance to the City.
H. Acceptability of Insurers
Without limiting Consultant's indemnification provided hereunder,the policies
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of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a
current A.M.Best Rating of A:V and who is authorized to transact business in the State
of California, unless otherwise approved by the City.
I. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of
insurance evidencing coverage required by this clause. The certificates for each
insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf.The certificates are to be on forms acceptable to the City.Where
required by statue,forms approved by the Insurance Commissioner are to be submitted.
All certificates are to be received and approved by the City before work commences.
J. Special Risks/Circumstances
City reserves the right to modify these requirements,including limits,based on
the nature of the risk, prior experience, insurer, coverage, or other special
circumstances and provide notice to Consultant.
10. MISCELLANEOUS
10.1 This Agreement shall be binding on the heirs,executors,assigns and successors of
Consultant.
10.2 Neither party may assign this Agreement, or any portion hereof,without the prior
written consent of the other.
10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop
notice rights, which Consultant may have for the performance of services pursuant to this
Agreement.
10.4 Neither party's waiver of any term, condition or covenant, or breach of any term,
condition or covenant shall be construed as the waiver of any other term,condition or covenant or
waiver of the breach of any other term,condition or covenant.
10.5 This Agreement contains the entire Agreement between City and Consultant
relating to the project and the provision of services to the project.Any prior agreements,promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
Subsequent modifications to this Agreement shall be in writing and signed by both City and
Consultant.
10.6 If any term,condition or covenant of this Agreement is held by a court of competent
jurisdiction to be invalid,void,or unenforceable,the remaining provisions of this Agreement shall
be valid and binding on City and Consultant.
10.7 This Agreement shall be governed and construed in accordance with the laws of
the State of California.
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10.8 All changes or amendments to this Agreement must be in writing and approved by
all parties.
10.9 The initial contract term shall commence upon execution of the contract by the City
and shall be for an initial term of three(3)years unless terminated sooner in accordance with the contract.
The City of Campbell at its sole discretion may elect to extend the contract for an additional two (2)
years for a not to exceed total term of five (5) years by providing written notice to Consultant not less
than thirty(30) days prior to expiration for the original term. Any extension of the Agreement shall be
mutually agreed upon in writing and shall require an amendment to the Agreement signed by both
parties.
10.10 Consultant owes the City a duty of undivided loyalty in performing the work and
services under this Agreement, including, but not limited to,the obligation to refrain from having
economic interests and/or participating in activities that conflict with the City's interests in respect to
the work and/or services and project. The Consultant shall list current clients who may have a
fmancial interest in the outcome of this Agreement.The Consultant hereby certifies that it does not
now have, nor shall it acquire any financial or business interest that would conflict with the
performance of services under this agreement.Consultant shall not make or participate in making or
in any way attempt to use Consultant's position to influence a governmental decision in which
Consultant knows or has reason to know Consultant has a direct or indirect financial interest other
than the compensation promised by this Agreement. Consultant will immediately advise the City if
Consultant learns of a financial interest of Consultant's during the term of this Agreement.
10.11 City is a public agency subject to the disclosure requirements of the California
Public Records Act("CPRA"). If Consultant's proprietary information is contained in documents
or information submitted to City, and Consultant claims that such information falls within one or
more CPRA exemptions, Consultant must clearly mark such information "Confidential and
Proprietary,"and identify the specific lines containing the information.In the event of a request for
such information, City will make best efforts to provide notice to Consultant prior to such
disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to
prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate
remedy from a court of law in Santa Clara County before the City is required to respond to the
CPRA request. If Consultant fails to obtain such remedy within the time the City is required to
respond to the CPRA request,City may disclose the requested information without any liability to
Consultant.Consultant further agrees that it shall defend,indemnify and hold City harmless against
any claim,action or litigation(including but not limited to all judgments,costs,and attomey's fees)
that may result from denial by City of a CPRA request for information arising from any
representation,or any action(or inaction),by the Consultant.
10.12 Neither party hereto shall be considered in default in the performance of its
obligation hereunder to the extent that the performance of any such obligation is prevented or
delayed by an act of God,natural disaster,pandemic,acts of terrorism,war,or other peril,which is
beyond the reasonable control of the affected party and without the negligence of the respective
Parties. Each pal ly hereto shall give notice promptly to the other of the nature and extent of any
Force Majeure claimed to delay, hinder, or prevent performance of the services under this
Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a
cause of delay or default and will, upon the cessation of the cause, diligently pursue performance
of its obligations in this Agreement. In the event either party is prevented or delayed in the
performance of its respective obligation by reason of such Force Majeure,there may be an equitable
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' adjustment of the schedule and Consultant compensation based on City's sole discretion.
10.13 Except as City may specify in writing,Consultant shall have no authority,express
or implied,to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no
authority,express or implied,pursuant to this Agreement to bind City to any obligation whatsoever.
10.14 Consultant warrants that Consultant, its subcontractors and/or agents (if any)
has/have complied with any and all federal,state,and local licensing requirements.
10.15 Each party acknowledges that it has reviewed this Agreement and that the normal
rule of construction to the effect that any ambiguities are to be resolved against the drafting party
shall molot be employed in the interpretation of this Agreement.
10.16 The signatories to this Agreement warrant and represent that each is authorized to
execute this Agreement and that their respective signatures serve to legally obligate their respective
representatives,agents, successors and assigns to comply with the provisions of this Agreement.
10.17 This Agreement is entered into, and to be performed in Santa Clara County,
California,and any action arising out of or related to this Agreement shall be maintained in a court
of appropriate jurisdiction in Santa Clara County,California.
10.18 This Agreement may be executed in counterparts which shall,in the aggregate,be
deemed an original but all of which, together, shall constitute one and the same instrument. A
scanned, electronic,facsimile or other copy of a party's signature shall be accepted and valid as an
original.
11. DISPUTE RESOLUTION
In the event of any dispute between the Parties related to this Agreement or this Project,the
Parties agree to first negotiate in good faith toward a resolution with participation by
representatives of each Party holding sufficient authority to resolve the dispute. If such dispute
cannot be resolved in this manner,before any action or litigation is initiated other than as required _ •
to secure lien rights, the dispute shall be submitted to mediation using the American Arbitration
Association or another mediator as mutually selected by the Parties: Such mediation shall be
completed within a reasonable period of time following either Party's written demand with each
Party to bear an equal share of the mediation fees and its own respective attorney and consultant
fees and costs.
12. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to
the appropriate party at one of the following addresses:
CITY: City of Campbell
Attention:Fredrick Ho
70 North First Street
Campbell;CA 95008
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CONSULTANT: RMA Group
Attention: Haitham Dawood
5102 Port Chicago Highway, Suite B
Concord, CA 94520
[SIGNATURES ON FOLLOWING PAGE]
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•
Raving read and understood the foregoing Agreement, the undersigned parties agree to he hound
hereby:
CONSULTANT )_ CITY OF CAMPBELL
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f - ! 8vcy Le:N:,c�' �
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!(m Bishop �1 Brian Lovettthal'
Tale/ i Title
Principal-in-Charge City Manager
Approved as to Form
$iU Sekrtalot
Hill Setigniannug(A !2;202-1!0:33 PDT
City Attorney
Attachment A-Scope of Services and Fee Schedule
Attachment H-.Provisions for Federally Funded Projects
Attachment C-Local Assistance Procedures Manual(LAPM)Exhibits
ATTACHMENT A- SCOPE OF SERVICES AND FEE SCHEDULE
SCOPE OF SERVICES
Consultant will provide on-call materials testing services as set forth below.
The City of Campbell constructs several capital projects every year that are local, 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. At the City's request, the
Consultant shall provide professional and technical support services to provide materials
testing services on an as-needed basis. The Consultant is to provide all quality assurance
and materials testing for local, state, and federally funded City projects as necessary and
including, but not limited to:
• Perform field sampling, and construction materials testing, analysis and evaluation,
generate reports, perform plant inspection, and work related to testing equipment
calibration, on an as-needed basis;
• Provide certified field and laboratory testing, and reports in conformance with ASTM,
AASHTO, Caltrans (CT) and California Test Methods standards as specified and on an
as-needed basis;
• Provide sampling and testing of concrete, aggregates, soils, fresh concrete, metals,
masonry blocks, hot mix asphalt, asphalt binder and related materials on an as-needed
basis;
• Provide field nuclear gauge compaction tests on aggregate base, subgrade, and other
related materials;
• Provide Independent Assurance at the City's direction on an as-needed basis;
• Provide core sampling of cured concrete, pavement, and other related materials;
• Provide sampling of structural steel, re bar, and field testing of welds, bolted
connections and other related materials;
• Provide field testing of concrete slump, soil compaction, and other related materials;
• Provide laboratory testing of various types of samples; special materials analysis and
evaluation;
• Inspect roadway material processing plants operation during the production of Asphalt
Concrete, Portland Cement Concrete, and other related materials;
• Visit quarries and mine pits to witness material source sampling, stockpiling and testing
samples of binders, cement admixtures and other related materials;
• Maintain a set of project files that shall be indexed in accordance with California Test
Methods Manual;
• Prepare the required calculations and reports according to City standards and
requirements for the Materials Sampling and Testing Services-work including the plant
inspection services work;
• Have access to plant and mobile laboratories to perform Materials Sampling and
Testing Services, as needed to maintain project productivity and schedule;
• Provide certifications of test equipment and of technicians upon City's request;
• The Consultant shall have the ability to respond in a timely and cost efficient manner to
City requests for Materials Testing Services work at any project locations;
• The Consultant shall provide consultation regarding material testing, inspection, testing
specifications and requirements on an as-needed basis.
PROJECTS
The following is a partial list of known projects that are anticipated to require materials
testing services during the term of this agreement:
1. Annual Accessibility Ramps
2. Annual Street Maintenance
3. Los Gatos Creek County Dog Park Renovation
4. Hamilton Avenue/Hwy17 Off-Ramp Improvement
5. John D. Morgan Park Parking Lots Improvement
6. John D. Morgan Park Budd Avenue Side Restroom Replacement
7. Pruneyard Creek Trail Extension
At a time to be determined by the City, the Consultant will review individual project plans
and specifications with the City's project manager to determine the materials testing
necessary for that particular project. The Consultant will prepare and submit an
appropriate testing plan and a material testing cost proposal for review and approval by
the City. The testing plan shall itemize all necessary testing for the project, the agreed
upon advance notice needed for testing, and the agreed upon turnaround time for test
results for each proposed test. The cost proposal shall be based on the approved fee
schedule in the Consultant Services Agreement, and City's Quality Assurance Program
(QAP).
The on-call quality assurance material testing work consists, in general, of performing
standardized field and laboratory testing to evaluate the construction contract's
compliance with the project specifications. For all testing work on federal and state
aided projects, the laboratory and testing personnel must be certified as required
by the City of Campbell Independent Assurance Program (IAP). The Consultant must
follow all pertinent State testing requirements and possess a current QAP that complies
with all aspects of the City of Campbell adopted Quality Assurance Program. The QAP
must incorporate the following three elements as designated by Federal Highway
Administration (FHWA) and the California Department of Transportation (Caltrans):
1. Acceptance Testing (AT)
2. Independent Assurance Program (IAP)
3. Testing of Manufactured Materials
The approved QAP must also be in conformance with Caltrans' Local Assistance
Procedures Manual (LAPM), Chapter 16. The Consultant must file their QAP with the City
prior to award of the contract. Additionally, the QAP and testing laboratory must be
certified by authorized Caltrans Independent Assurance (IA) personnel pre-dated no more
than 24 months from contract award. The QAP and certification must also be kept current
and updated every 24 months at a minimum.
LOCATION OF WORK
Fieldwork is required and may include night work at various locations in the City of
Campbell. Occasionally, plant visits or source inspections at locations other than the City
of Campbell may also be required. The Consultant shall complete the laboratory testing
at their own designated facility.
•
REQUIRED SERVICES
All work performed under this contract will require approval by the City of Campbell
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 issuing
the Task Order. The.Task Order shall detail the tasks required for particular projects,
schedule; and projected costs. The costs will be based on the specified rates of
compensation in the contract. The Contract Administrator shall confer with the Consultant
to establish the maximum fee, including expenses, for the specific project and to establish
the completion date.
Pursuant to an authorized Task Order, the Consultant shall provide Construction
Materials Testing Services within the geographical jurisdiction of this Contract set forth in
"Location of Work"section, 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
Consultant's services and work product. The Consultant shall supply and provide all.
necessary equipment and protective clothing appropriate for carrying out the tasks.
The potential projects may vary in scope and size, and may encompass any type of
improvement 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 Consultant 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 City of Campbell.
The Consultant shall perform services relating to field sampling and in-situ testing of
materials (collectively, "Materials Sampling and Testing Work") as required by the City of
Campbell Contract Manager and specified in a Task Order. The Consultant shall perform
services relating to laboratory testing, analysis, and reporting of materials as required by
the City of Campbell and as specified in a Task Order.
The Consultant shall inspect roadway material processing plants operation during the
production of Asphalt Concrete, Portland Cement Concrete, and other related materials.
The Consultant shall sample and test rock and sand according to the California Test
Methods and other standards as specified. The Consultant shall also obtain samples of
oil binders, cements and admixtures in accordance with the requirements of the project
plans and specifications. The Consultant shall visit quarries and mine pits to witness
material source sampling, stockpiling and testing samples of binders, cement admixtures
and other related materials.
The Consultant shall maintain a set of project files that shall be indexed in accordance
with the Caltrans' Materials Engineering and Testing Services Manuals.
The Consultant shall prepare the required calculations and reports according to City
standards and requirements for the Materials Sampling and Testing Services work
including the plant inspection services work.
The Consultant shall have access to plant and mobile laboratories to perform Materials
Sampling and Testing Services. The Consultant shall provide a copy of the firm's nuclear
gauge proof of calibration to the City.
The Consultant shall provide a list of personnel certified to perform the required material
testing for each project. All certifications must be issued by the appropriate organizations,
such as Caltrans, American Concrete Institute (ACI), etc. Additionally, the Consultant
shall provide certification of testing equipment to be used for each project.
The Consultant shall have the ability to respond in a timely and cost-efficient manner to
City requests for Materials Testing Services work at any project locations.
The Consultant shall submit certified payroll and other required documents for each
project in conformance with all labor compliance requirements.
QUALITY ASSURANCE TESTING SERVICES
Quality assurance materials sampling and testing work consists of performing Caltrans,
AASHTO or ASTM test methods. The frequency and testing requirements are found in
the City of Campbell Quality Assurance Program. Daily Field Reports shall be provided
to the City of Campbell within one (1) day of test completion via email or hand delivery.
Laboratory tests shall begin the next business day after samples are received at the lab.
In general, laboratory testing will require that a hard or electronic copy of the results be
submitted within 5 working days of the completion of the test. Field testing/compaction
results of subgrade or asphalt concrete shall be communicated to City personnel as soon
as the tests have been completed, on the same day of testing, with a hard copy to follow.
All work will be subject to review by the City of Campbell Department of Public Works,
and therefore, analytical methods must be consistent with the Department of Public
Works Quality Assurance Procedures, guidelines and regulations. Should the City of
Campbell, State or Federal requirements change during the course of the program, it will
be the responsibility of the laboratory to adopt the new standards.
All required testing summary sheets, test results data sheets and reports shall, at a
minimum, include the following information:
1. Project Name
2. Project Identification Number
3. Project Location
4. Sample Description
5. Sample Results
6. Date/Time Sample Collected
7. Date Tested with Name of Tester (ID number is not sufficient)
8. Tester Certification Validity
9. Testing Equipment Certification
10.Date Sample Analyzed
11.Analytical Summary of Testing Method
12.Special Provision and Other Standards
13.QAP Certifications
14.Contractor and/or Supplier Names
15.Name of Laboratory Conducting Test
16.Laboratory Certification Validity
At the end of each project, the Consultant will be required,to submit to the City a summary
report summarizing all failed and passing tests. The report shall include for all tests, the
test performed, testing dates and the test standard used.
A monthly summary of tests performed by job number shall be submitted at the end of each
month.
Field and laboratory testing required for assurance testing must be performed by
individuals certified through the City's Independent Assurance Program, (IAP).
Certifications demonstrating each individual's qualification to perform any required testing
shall be provided to the City of Campbell prior to any testing work done.
The laboratory in which all necessary City tests are performed for assurance testing shall
be certified through the City of Campbell IAP. All qualifications shall be kept current at all
times and shall be provided to the City of Campbell prior to work. The certifications for
both the testing laboratory and the tester shall be submitted to the City on an annual basis
throughout the term of the agreement.
The range of tests that may be required for City of Campbell projects is provided in the
City of Campbell Quality Assurance Program.
GENERAL PERSONNEL REQUIREMENTS
The Consultant's 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 Consultant's Cost
Proposal and task complexity. The Consultant's personnel shall be knowledgeable
about, and comply with, all applicable Federal, State, and Local laws and regulations.
The Consultant Construction Materials Testing Services responsible person, signing
analytical results, plans, designs, specifications, estimates, notes, calculations, analysis,
reports, graphics, drawings, visual simulations, studies, product, data, manuals, details,
other documents, other items, and deliverables under this Contract requiring the signature
of a Consultant Construction Materials Testing Services responsible person 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.
The Consultant is required to submit a written request and obtain the City's Contract
Manager's prior written approval for any substitutions, additions, alterations, or
modifications to the Consultant's originally proposed personnel and project organization,
as depicted on the proposed Consultant's Organization Chart or the Consultant's cost
proposals. The substitute personnel shall have the same job classification, as set forth
herein or in the Consultant's Cost Proposal, 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 substitute personnel shall have significant experience
of a minimum of two (2) previous projects, unless otherwise approved by the City's
Contract Manager.
In responding to the City's Task Order and in consultation with the City Contract Manager,
the Consultant Contract Manager shall identify the specific individuals proposed for the
task and their job assignments. The Consultant shall provide documentation that the
proposed personnel meet the appropriate minimum qualifications as required by this
Contract.
The Consultant's personnel shall typically be assigned to, and remain on, specific
City projects/deliverables until completion and acceptance of the project/deliverables
by the City. Personnel assigned by the Consultant shall be available at the start of a
Task Order and after acceptance of the project/deliverable by the City.
After the City Contract Manager's approval of the Consultant's personnel proposal and
finalization of a Task Order, the Consultant may not add or substitute personnel without
the City's Contract Manager's prior written approval.
Resumes containing the qualifications and experience of the Consultant's and
Subconsultant's personnel, which include existing, additional, and substitute personnel,
and copies of their minimum required certifications, shall be submitted to the City's
Contract Manager for review before assignment on a project or Task Order. The resume
and copies of current certification for each candidate shall be submitted to the City's
Contract Manager within one (1) week of receiving the request.
The City's Contract Manager may interview the Consultant's personnel for the
qualifications and experience. The City's Contract Manager's decision to select the
Consultant's personnel shall be binding on the Consultant and its Subconsultants. The
Consultant shall provide adequate qualified personnel to be interviewed by the City's
Contract Manager within one (1) week of receiving the request.
The City's Contract Manager shall evaluate the adequacy (quality and quantity) of the
work performed by the Consultant's personnel, and determine whether the deliverables
satisfy the acceptance tests and criteria. The City's Contract Manager may reject any
Consultant personnel determined by the City's Contract Manager to lack the minimum
qualifications. If at any time the level of performance is below expectations, the City's
Contract Manager may direct the Consultant to immediately remove Consultant personnel
from the project specified in a Task Order and request another qualified person be
assigned as needed. The substitute personnel shall meet the qualifications required by
this Contract for performance of the work as demonstrated by a resume and copies of
current certifications submitted by the Consultant. Substitute personnel shall receive
prior written approval from the City's Contract Manager. Invoices with charges for
personnel not pre-approved by the City's Contract Manager for work on the Contract and
for each Task Order shall not be reimbursed.
The Consultant shall not remove or replace any existing personnel assigned to Task
Orders without the prior written consent of the City's Contract Manager. The removal or
replacement of personnel without written approval from the City's Contract Manager shall
be violation of the Contract and may result in termination of the Contract.
When assigned consultant personnel is on approved leave and required by the City's
Contract Manager, the Consultant shall provide a substitute employee until the assigned
employee returns to work from the approved leave. The substitute personnel shall have
the same job classification, as set forth herein or in the Consultant's Cost Proposal, 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. Substitute personnel
shall receive prior written approval from the City Contract Manager to work on this
Contract.
Other project personnel not identified in the Consultant's cost proposal, including, but not
limited to, field and laboratory technicians, shall also satisfy appropriate minimum
qualifications for assigned Task Orders. City prior written approval is required for all
personnel not identified on the Consultant's organization chart or the Consultant's cost
proposals before providing services under this Contract.
The Consultant is responsible for providing fully trained and certified personnel to
efficiently performthe work. The Consultant's personnel may be asked to attend certain
special training if recommended by the City Contract Manager. All other costs, fees, and
expenses associated with the training, including any transportation costs and training
fees, shall be the Consultant's responsibility. In addition, services to train the City
personnel shall not be provided by the Consultant under this Contract.
The Consultant Contract Manager shall be a Registered Professional Engineer or
Metallurgical Engineer licensed in the State of California in good standing with the
California State Board for Professional Engineers, Land Surveyors, and Geologists at all
times during the Contract period, to perform the tasks described in this Contract and in
the Task Orders and shall have a documented minimum ten (10) years of demonstrated
experience acceptable to the City in Construction Materials Testing Services work. •
In addition to other specified responsibilities, the Consultant Contract Manager shall be
responsible for all matters related to the Consultant's personnel, Subconsultants,
Construction Materials Sampling and Testing Services work, and Consultant's and Sub-
Consultants' operations including, but not limited to, the following:
a. Ensuring that deliverables are clearly defined, acceptance tested
and that criteria are specific, measurable, attainable, realistic and
time-bound; and that the deliverables satisfy the acceptance tests
and criteria.
b. Supervising, reviewing,, monitoring, training, and directing the
Consultant's and Sub- Consultants' personnel. •
c. Assigning qualified personnel to complete the required Task Order
work as specified on an "as-needed" basis in coordination with the
City's Contract Manager.
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 the
City.
k. Managing Subconsultants.
I. Managing overall budget for Contract and provide report to the
City Contract Manager.
m. Monitoring and maintaining required DBE involvement.
n. Ensuring compliance with the provisions in this Contract and all
specific Task Order requirements.
o. Monitor the health and safety of personnel working in a hazardous
environment in accordance with all applicable Federal, State, and
Local regulations.
p. Knowledge, experience, and familiarity with prevailing wage issues
and requirements in State of California.
q. Provide knowledge, experience, and familiarity Quality Control and
Quality Assurance (QC/QA) for California Test Methods and -
laboratory.
r. Experience and capable of reviewing test reports within a reasonable
time frame of the completion of the tests to avoid delay of the field
construction operation.
s. Provide consultation as requested by the City.
DELIVERABLES
As agreed upon by the City of Campbell and the Consultant in a Task Order for each
project, shall include, but not be limited to the following: tests, time for reviews, approvals,
summary reports, lab results, and certified payroll reports.
SCHEDULE
As agreed upon the City of Campbell and the Consultant in a Task Order for each project.
If City determines that the work cannot be performed during normal business hours or the
work is necessary at off hours to avoid danger to life or property, the Consultant's
operations may be restricted to specific hours during the week. Night and weekend work
may be required on projects involving high traffic areas. The City's construction
contractor's operations may be restricted to specific hours during the week, which shall
become the normal workday for Consultant's personnel. Changes in hours or schedules
shall be documented by amendment of Task Orders. Any shift differential rate pay shall
be reimbursed in accordance with the applicable Department of Industrial Relations (DIR)
determination.
METHOD OF PAYMENT
Consultant shall be paid based on specific rates of compensation as stated in the Cost
Proposal and subjected to wage rates established by the Department of Industrial Relations
as applicable.
GENERAL REQUIREMENTS
1. The Consultant shall begin the, required work within two (2) working days
after receiving a fully executed Task Order and the issuance of the Notice
to Proceed (NTP) from the City's Contract Manager to the Consultant
Contract Manager or on the date specified in the Task Order. Some work,
however, may require Consultant personnel to mobilize within 24-hour of
notifications. Once the work begins, the work shall be performed diligently
until all required work has been completed to the satisfaction of the City.
2. The work shall not be performed when conditions prevent a safe and
efficient operation.
3. The Consultant Contract Manager may direct the Consultant's employees
to work overtime to meet Task Order schedules at the request of the City's
Contract Manager. All overtime shall be pre-approved by the City's
Contract Manager. Overtime shall be worked only when directed in writing
by the City's Contract Manager and specifically required by the Task Order,
and shall only be paid to persons covered by the Fair Labor Standards Act.
The City of Campbell shall not reimburse the Consultant for costs to relocate its personnel
to the service area of this Contract. .The City shall not reimburse the Consultant for per
diem costs. The City shall not reimburse the Consultant for out-of-state travel without
prior written approval from the City Contract Manager.
The City shall not incur costs beyond the funding commitments in the Contract and each
Task Order. If the Consultant anticipates that funding for work will be insufficient to
complete work, the Consultant shall promptly notify the City Contract Manager.
The Consultant may claim reimbursement for providing equipment or supplies. However,
such claimed costs shall be in compliance with 48 Code of Federal Regulation (CFR),
Chapter 1, Part 31 (Federal Acquisition Regulation- FAR cost principles) and 2 CFR, Part
200, and be consistent with the, Consultant's company-wide allocation policies and
charging practices with all clients including federal government, state governments, local
agencies, and private clients.
The Consultant shall have and provide adequate office equipment and supplies to
complete the work required by this Contract. Such equipment and supplies shall include,
but not be limited to, the following:
a. Office Supplies.
b. Computers with appropriate software, printers, plotters, fax
machines, calculators, data collectors and their necessary
attachments and accessories.
c. Data processing systems, software packages, reference materials,
or other tools, including hardware and software, used in providing
transportation engineering deliverables. This includes, but not be
limited to, the following:
i. Microsoft Office Software (including, but not limited to,
Word, Excel, PowerPoint).
Adobe Acrobat Professional (64-bit) version 2023 or later.
iii. Recording test data.
iv. Calculating test results.
The Consultant shall provide all necessary tools, instruments, equipment, materials,
supplies, and safety equipment required to perform the work identified in each Task Order
and this Contract accurately, efficiently, and safely. The Consultant's personnel shall be
fully trained and certified in the use of such necessary tools, instruments, equipment,
materials, supplies, and safety equipment. The Consultant shall not be reimbursed
separately for tools of the trade, which may include, but not be limited to, the above-
mentioned equipment.
If the Consultant fails to submit the required analytical results, plans, designs,
specifications,estimates, notes, calculations, analysis, reports, graphics, drawings,visual
simulations, studies, product, data, manuals, details, deliverables, backup documents,
other documents, and other items required by this Contract and any approved Task Order,
the City shall have the right to withhold payment and/or terminate this Contract in
accordance with the termination provisions of this Contract. If the Contract is terminated,
the Consultant shall, at the City' request, return all materials recovered or developed by
the Consultant under the Contract including, but not limited to, photos, field notes,
computer data files, maps, artifact collections, catalogs, analytical results, plans, designs,
specifications, estimates, notes, calculations, analysis, reports, graphics, drawings, visual
simulations, studies, product, data, manuals, details, deliverables, backup documents,
other documents, and other items required by this Contract.
LABORATORY STANDARDS
When the Consultant is providing construction materials testing during construction,
failing tests shall be reported immediately to the City Contract Manager.
All test documents produced by the.Consultant shall be certified (signed and stamped) by
the Laboratory Manager. In the absence of the Laboratory Manager, certification, shall
be made by an Acting Laboratory Manager who is a Registered Professional Civil
Engineer licensed in the State of California in good standing with the California State
Board for Professional Engineers, Land Surveyors, and Geologists at all times during the
Contract period. All test results shall be recorded on the appropriate forms as prescribed
by the California Test Methods.
The Consultant shall certify in writing that each tester is qualified and certified to perform
the required tests and plant field engineering according to the current procedures
described in the California Test Methods.
The Consultant shall have a program in effect during the entire time work is being
performed under Contract to train personnel and arrange achievement of the required
certifications.
The Consultant shall maintain an inventory of the testing equipment (listing the
manufacturer, model, serial number, calibration and tolerances).
The City and other partnering agencies such as California Department of Transportation
(Caltrans) and the Federal Highway Administration (FHWA) reserve the right to
periodically review field testing and sampling in progress at job sites and laboratory
facilities by Consultant personnel. -
The Consultant shall have a quality control plan in effect for the duration of work being
performed under the Contract. This plan shall include quality control, quality assurance
and equipment calibration programs for the Consultant's main laboratory and for any
satellite or project laboratories.
If any laboratory work is to be subcontracted, the Subconsultant's laboratory shall meet
the same requirements as the Consultant's laboratory.
MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified in this Contract, 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.
The City shall not pay the Consultant for the Consultant's work under this Contract and
the charges incurred by the Consultant that does not conform to the requirements
specified in this Contract and to the applicable Task Order, and such work shall be
corrected at the Consultant's sole expense at no additional cost to the City.
ofp,........ „'
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Personnel Charges-Professional Staff
Product Name Units Rate($)
Administrative HR $72.64
Principal in Charge HR $200.85
Contract Manager HR $175.10
Project Engineer-Office - HR $190.00
Staff Engineer HR $133.91
Supervising HR $133.91
Project Manager-Office HR $165.00
Principal Geologist-Office HR $200.00
Project Geologist-Office HR - $190.00
Staff Geologist-Office HR $145.00
Final Affidavit/FVCR's EA $250.00
Personnel Charges-Field Staff
Product Name Units Rate($)
Journeyman Group 1,Shift 1 HR $131.74
Journeyman Group 1,Shift 2 HR $148.20
Journeyman Group 2,Shift 1 HR $127.22
Journeyman Group 2,Shift 2 HR $143.11
Journeyman Group 3,Shift 1 HR $110.92
Journeyman Group 3,Shift 2 HR $124.78
Journeyman Group 4,Shift 1 HR $97.42
Journeyman Group 4,Shift 2 HR $109.61
Apprentice Period 1,Shift 1 HR $69.97
Apprentice Period 1,Shift 2 HR $78.72
Apprentice Period 2,Shift 1 HR $76.33
Apprentice Period 2,Shift 2 HR $85.87
Apprentice Period 3,Shift 1 HR $82.70
Apprentice Period 3,Shift 2 HR $93.03
Apprentice Period 4,Shift 1 HR $89.05
Apprentice Period 4,Shift 2 HR $100.18
Apprentice Period 5,Shift 1 HR $108.14
Apprentice Period 5,Shift 2 HR $121.66
Laboratory Tests-Steel .
Product Name Units Rate($)
CT670 Prod.Lot Welded Hoop up to#8 LOT $555.00
CT670 Prod.Lot Welded Hoop#9 to#11 LOT $555.00
ASTM E605 Spray Applied Fireproofing Den EA $135.00
ASTM A370 Rebar Tension up to#8 EA $80.00
ASTM A370 Rebar Tension#9 to#11 EA $110.00
ASTM A370 Rebar Tension#14 EA $150.00
ASTM A370 Rebar Tension#18 EA $180.00
ASTM A370 Bend Test Rebar up to#8 EA $60.00
ASTM A370 Bend Test Rebar#9 to#11 EA $70.00
ASTM A370 Bend Test Rebar#14 EA $125.00
ASTM A370 Bend Test Rebar#18 EA $180.00
ASTM A370 Headed Bar Prod.Lot up to#8 LOT $275.00
ASTM A370 Headed Bar Prod.Lot#9 to#11 LOT $335.00
ASTM A370 Headed Bar Prod.Lot#14 LOT $515.00
ASTM A370 Headed Bar Prod.Lot#18 LOT $670.00
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ASTM A416 Stress-Strain Analysis EA $250.00
ASTM A416 Tensile Test Only EA $175.00.
ASTM A370 Tensile Up to 100K lbs(Each) EA $85.00
ASTM A370 Tensile Up to 200K lbs(Each) EA $100.00
ASTM A370 Tensile Up to 300K lbs(Each) EA $120.00
ASTM A370 Tensile Up to 400K lbs(Each) EA $365.00
ASTM A370 Tensile 400K-500K lbs(Each) EA $365.00
ASTM A370 Tensile Stress-Strain Percent EA $250.00
AWS Weld:Macroetch EA $150.00
AWS Weld:Fracture EA $110.00
AWS Bend Test EA $250.00
ASTM A370 Rockwell Hardness(Each) EA $120.00
Steel Chemical Analysis EA $255.00
ASTM F606 Bolt Axial Tensile to 7/8" EA - $70.00
ASTM F606 Bolt Wedge Tensile to 7/8" EA $100.00
ASTM F606 Bolt:Axial 7/8"-1 1/2" EA $105.00
ASTM F606 Bolt Wedge Tens 7/8"to 1 1/2" EA $120.00
ASTM F606 Bolt:Proof Load up to 7/8" EA $110.00.
ASTM F606 Bolt:Proof Load up to 1 1/2" EA $135.00
ASTM F606 Nut:Proof Load up to 7/8" EA $75.00
ASTM F606 Nut:Proof Load up to 1 1/2" EA $120.00
Laboratory Tests-Soil
Product Name Units Rate($)
ASTM D4318 Plasticity Index of Soils EA $335.00
ASTM D1883 California Bearing Ratio EA $675.00
ASTM D2435 Consolidation EA $295.00
ASTM D3080 Direct Shear,Consol&Drained EA $330.00
ASTM D4829 Expansion Index of Soils EA $270.00
ASTM D2166 Unconfined Comp Strength EA $335.00
ASTM D5333 Hydro Collapse Potential EA $260.00
ASTM D2050 Tri-Axial Shear Strength EA $475.00
ASTM D2937 In-Place Density,Drive Cyl EA $75.00
ASTM D2216 Soil Moisture Content by Mass EA $55.00
ASTM D698 Maximum Density Std Effort EA $350.00
ASTM D1557 Max Density Optimum Moisture EA $350.00
ASTM D2974 Moisture,Ash,Organic Matter EA $120.00
ASTM D4972 pH of Soils EA $125.00
ASTM D2844 R-Value&Expansive Pressures EA $450.00
ASTM D2419 Sand Equivalent EA $175.00
ASTM D2434 Const Head Permeability Test EA $470.00
ASTM D422 Sieve Analysis of Soil EA $260.00
ASTM D1140 Materials Finer than#200 EA $260.00
ASTM D422 Hydrometer Anaylsis EA $395.00
ASTM D854 Specific Gravity of Soils EA $295.00
ASTM D4546 Swell Potential EA $260.00
ASTM D4943 Shrinkage Factor by Resin EA $290.00
ASTM D559 Soil Cement Sample Preparation EA $160.00
ASTM D558 Soil-Cement Maximum Density EA $395.00
ASTM D1633 Compression Test Soil Cement EA $130.00
AASHTO T100 Specific Gravity of Soils EA $295.00
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Laboratory Tests-Masonry
Product Name Units Rate($)
ASTM C140 Block Compressive Strength SET $100.00
ASTM C140 Block Moisture&Absorption SET $110.00
ASTM C426 Block Linear Shrinkage SET $375.00
ASTM C140 Block Unit Wt&Dimensions SET $265.00
ASTM C90 Masonry Block Conformance SET $740.00
ASTM C67 Brick Compressive Strength SET $125.00
ASTM C67 Brick Moisture&Absorption - SET $110.00
ASTM C67 Brick 5 Hour Boil EA - $135.00
ASTM C67 Brick Modulus of Rupture ` EA $135.00
ASTM C780 Mortar Cylinder Compression EA $50.00
ASTM C1019 Grout Prism Compression EA $55.00
ASTM C1314 Masonry Core Comp Str 8"Max EA $120.00
ASTM C1314 Masonry Core Shear Str 8"Max EA $120.00
ASTM E519 Assemblage Comp Str 8"Block EA $155.00
ASTM E519 Assemblage Comp Str 12"Block EA $140.00
ASTM E519 Assemblage Comp Str 16"Block EA $175.00
ASTM C109 Compressive Strength 2"Cube EA $75.00
Laboratory Tests-Concrete
Product Name Units Rate($)
ASTM C39 Concrete Cyl Cured or Tested EA $50.00,
ASTM C42 Compressive Strength,Core EA $85.00
ASTM C39 Cyl Tested out of Sequence EA - $80.00
ASTM C495 Lightweight Concrete Strength EA $75.00
ASTM C78 Flexural Strength,Beam EA $135.00
ASTM D4832 Compressive Strength CLSM EA $60.00
ASTM C1140 Shotcrete Panel Test SET $125.00
ASTM C138 Unit Weight of Concrete EA $90.00
ASTM C649 Concrete Modulus of Elasticity EA $275.00
ASTM C157 Concrete Shrinkage(Set of 3) SET $650.00
ASTM C496 Splitting Tensile Test EA $125.00-
ASTM C495 Density-Lightweight Concrete EA $240.00
T 336 Coefficient of Thermal Expansion EA $600.00
Laboratory Tests-Caltrans
Product Name Units Rate($)
CT202 Sieve Analysis,Combined Agg EA $275.00
CT202 Sieve Analysis,Fine Agg ,. EA $265.00
CT202 Sieve Analysis,Coarse Agg EA $255.00
CT235 Flat and Elongated Particles EA -$375.00
CT205 Percentage Crushed Particles EA $275.00
CT206 Specific Gravity,Coarse Aggregate EA . $195.00
CT207 Specific Gravity,Fine Aggregate EA $235.00
CT208 Apparent Specific Gravity of Fines EA $190.00
CT229 Durability Index EA $375.00
CT234 Angularity&Voids,Fine Agg EA $355.00
CT211 Abrasion,Los Angeles Rattler - EA $375.00
CT227 Cleanness Value EA $280.00
CT213 Organic Impurities in Sand EA $190.00
CT226 Moisture Content by Oven Drying EA $45.00
CT217 Sand Equivalent EA $190.00
CT308(A)Core Density Paraffin Coated EA $85.00
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CT308(C)Core Density SSD EA $75.00
CT303 Approximate Bitumen Ratio EA $335.00
CT304/308(A)LTMD Kneading Compactor EA $395.00
CT305 Swell of Bituminous Mixtures EA $550.00
CT366 Stabilometer Value EA $395.00
CT308(A)/366 Stability and Density EA $420.00
CT308(C)/366 Stability and Density EA $470.00
CT309 Maximum Theoretical Density EA $320.00
CT370 Moisture Content by Microwave EA $110.00
CT379 Asphalt Content Nuclear Gauge EA $310.00
CT382 Ignition Oven Correction Factor EA $385.00
CT382 Asphalt Content by Ignition EA $325.00
CT389 Hamburg Wheel Track EA $950.00
CT371 Tensile Strength Ratio EA $1,470.00
CT521 Concrete Cyl Compressive Strength EA $50.00
CT523 Concrete Flexural Strength,Beam EA . $135.00
CT524 Rapid Strength Concrete Flexural Strength,Beam EA $135.00
CT531 Length of Drilled Concrete Cores EA $75.00
CT550 Surface Abrasion of Concrete EA $535.00
CT534 Water Retention,Liq Curing Cmpnd EA $570.00
CT521 Compressive Strength LCB EA $50.00
CT515 Relative Mortar Strength,PCC Sand EA $900.00
CT670 Tensile Strength up to#8 EA $95.00
CT670 Tensile Strength#8-#11 EA $120.00
CT670 Tensile Strength#14 EA $180.00
CT670 Tensile Strength#18 EA $255.00
CT 52-1-08C Slip Test EA $275.00
CT670 Operator Qualification up to#8' LOT $550.00
CT670 Operator Qualification#9-#11 LOT $655.00
CT670 Operator Qualification#14 LOT $950.00
CT670 Operator Qualification#18 LOT $1,235.00
CT670 Operator Qualification up to#8 EA $550.00
CT670 Operator Qualification#9-#11 EA $675.00
CT670 Operator Qualification#14 EA $950.00
CT.670 Operator Qualification#18 EA $1,235.00
CT670 Production Lot up to#8(Service) LOT $355.00
CT670 Production Lot#9 to#11(Service) LOT $475.00
CT670 Production Lot#14(Service) LOT $635.00
CT670 Production Lot#18(Service) LOT $825.00
CT670 Production Lot up to#8(Ultimate) LOT $455.00
CT670 Production Lot#9 to#11(Ultimate) LOT $490.00
CT670 Production Lot#14(Ultimate) LOT $790.00
CT670 Production Lot#18(Ultimate) LOT $1,350.00
CT204 Plasticity Index,Atterberg EA $335.00
CT209 Specific Gravity of Soil EA $295.00
CT216 CA Impact Max Density EA $325.00
CT216 CA Impact,Rock Correction EA $95.00
CT301 Resistance R-Value Stabilometer EA $450.00
CT417 Soluble Sulfates EA $155.00
CT422 Chloride Content EA $135.00
CT643 Resistivity and pH EA $155.00
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Laboratory Tests-Asphalt
Product Name Units Rate($)
ASTM D2726 Core Density(SSD) EA $75.00
ASTM D1188 Core Density Parafilm Coated EA $85.00
ASTM D6926 Lab Max Density Marshall EA $320.00
ASTM D6927 Marshal Stability and Flow EA $375.00
ASTM D1561 LTMD Kneading Compactor EA $335.00
ASTM D1560 Hveem Stability and Density EA $380.00
ASTM D1560 Hveem Stability EA $420.00
ASTM D2041 Maximum Theoretical Density EA $320.00
ASTM D6307 Ignition Oven Calibration EA $370.00
ASTM D6307 Asphalt Content by Ignition EA $285.00
ASTM D2172 Asphalt Content by Solvents EA $475.00
ASTM D4125 Asphalt Content Nuclear Gauge EA $310.00
ASTM D5444 Gradation of Extracted Agg EA $335.00
ASTM D244 Emulsion Residue Evaporation EA $280.00
ASTM D244 Emulsion Sieve Analysis EA $185.00
ASTM D3910 Wet Track Abrasion EA $285.00
AASHTO T275 Core Denisty Paraffin Coated EA $75.00
AASHTO T312/T275 LTMD Gyratory Compactor EA $395.00
AASHTO T308 Asphalt Content by Ignition EA $325.00
AASHTO T209 Theoretical Maximum Density EA $335.00
AASHTO T308A AC Correction Factor EA $550.00
AASHTO T283 Tensile Strength Ratio-RHMA EA $1,500.00
AASHTO T329 HMA Moisture EA $110.00
AASHTO T312/T275 LTMD Gyratory Comp.-RHMA EA $480.00
Laboratory Tests-Aggregates
Product Name Units Rate($)
ASTM C131 Abrasion,Los Angeles Rattler EA $375.00
ASTM C40 Organic Impurities in Fine Agg EA $190.00
ASTM C127 Specific Gravity,Coarse Agg EA $235.00
ASTM C128 Specific Gravity,Fine Agg EA $235.00
ASTM_C1252 Angularity&Voids,Fine Agg EA $280.00
ASTM C566 Moisture Content by Drying EA $45.00
ASTM C117 Materials Finer than No.200 EA $160.00
ASTM D2419 Sand Equivalent EA $180.00
ASTM C289 Alkali-Silica Reactivity EA $950.00
ASTM D4791 Flat&Elongated Particles EA $365.00
ASTM D5821 Percent.Fractured Particles EA $275.00
ASTM C123 Percent Lightweight Particles EA $295.00
ASTM C88 Soundness by Sodium Sulfate EA $635.00
ASTM C136 Sieve Analysis,Combined Agg EA $290.00
ASTM C136 Sieve Analysis,Fine Agg EA $265.00
ASTM C136 Sieve Analysis,Coarse Agg EA $255.00
ASTM C142 Clay Lumps&Friable Particles EA $260.00
AASHTO T304 Angularity&Voids in Fines EA $255.00
AASHTO T84 Specific Gravity,Fine Agg EA $280.00
AASHTO T85 Specific Gravity,Coarse Agg EA $255.00
AASHTO T96 Abrasion,Los Angeles Rattler EA $375.00
AASHTO T27 Sieve Analysis,Combined Agg EA $290.00
AASHTO T27 Sieve Analysis,Fine Agg EA $285.00
AASHTO T27 Sieve Analysis,Coarse Agg EA $255.00
AASHTO T176 Sand Equivalent EA $180.00
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AASHTO T255 Aggregate Moisture EA $45.00
AASHTO T335 Percent Fractured Particles EA $255.00
Equipment Charges
Product Name Units Rate($)
Diamond Bit Core Rig and Generator DAY $450.00
Nuclear Density Test Gauge DAY $75.00
Hand Held Turbidity Meter DAY $75.00
Ultrasonic Test Unit and Consumables DAY $75.00_
Magnetic Particle Test Unit DAY $75.00
Skidmore DAY $350.00
Schmidt Hammer DAY $75.00
Torque Wrench DAY $75.00
Proof Load Testing Equipment DAY $75.00
Generator Day $250.00
Portable Changeable Message Board DAY $300.00
Holiday Tester DAY $150.00
VOC Meter DAY $150.00
Dutch Cone Penetrometer with Operator HR $250.00
Hollow Stem Auger Drill Rig w/Operator HR $400.00
Portable Drilling Equipment w/Operator HR $400.00
Bucket Auger Drill Rig with Operator HR $450.00
Air Rotary Drill Rig with Operator HR $500.00
Rotary Wash Drill Rig with Operator HR $500.00
Vacuum Excavation Rig-500 Gallon HR $275.00
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GENERAL CHARGES
• RMA Group requires twenty-four(24)hour prior notification for scheduling inspectors and/or technicians.
• Inspection charges for technician/Inspectors start at the scheduled show up time at the job site or at the nearest RMA Group lab
if equipment is required. Engineering and Management staff will be billed portal to portal from the RMA office they are traveling
from. All inspection hours will be billed in the following increments:
• There will be a two(2)hour cancellation charge unless notification is provided 4 hours+prior to the scheduled start time.
• Any time less than four(4)hours of work will be billed as four(4)hours.
• Four(4)to eight(8)hours will be billed as eight(8)hours.
• When personnel are required to work in excess of 5 hours without an uninterrupted meal period of 30 minutes,due to project
constraints,%hour will be charged at double time rates in addition to any applicable hours worked.
• Rates are valid through June 31,2024.Rates for personnel will increase by 3%(based on DIR determination)per year on July 1st
of each subsequent year.
• Certified Payroll Reports will be prepared upon request. There will be a$75.00 charge for each certified payroll report.
• Outside services will be billed at cost plus 15%unless billed directly to and paid for by Client.
• Requests made by client for management attendance at meetings at the project site will be charged at standard rate.
OVERTIME CHARGES
• Work performed in excess of 8 hours per day and/or up to eight(8)hours on Saturdays will be billed at 1.5 times the unit rate.
• Work performed on Sunday,recognized holidays,or in excess of eight(8)hours on Saturdays will be billed at 2.0 times the unit
rate.
• A 20%surcharge will be applied for laboratory tests performed on a Saturday or Sunday.
PER DIEM AND TRAVEL CHARGES
• A$125.00 charge per day will be applied when our personnel are required to stay overnight at remote locations.
• Time will be billed at the unit rate while traveling to a remote location or if a location requires an overnight stay
• Mileage for travel outside a 50 mile radius from either the project site or the nearest RMA facility whichever is closest,will be
charged at a rate of$0.75 per mile.
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ATTACHMENT B - PROVISIONS FOR FEDERALLY FUNDED PROJECTS
The provisions listed within this Attachment B pertain only to City of Campbell projects that will receive
federal funding reimbursement. Those projects include:
• Annual Street Maintenance
• Hamilton Avenue/Hwy17 Off-Ramp Improvement
Additional projects may be identified and added during the term of this agreement.
This exhibit contains fiscal requirements from 2 CFR 200 and is to be used for state-only funded
contracts as well.
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION 3
ARTICLE II CONSULTANT'S REPORTS OR MEETINGS 4
ARTICLE III STATEMENT OF WORK 4
ARTICLE IV PERFORMANCE PERIOD 6
ARTICLE V ALLOWABLE COSTS AND PAYMENTS 6
ARTICLE VI TERMINATION 10
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS 11
ARTICLE VIII RETENTION OF RECORD/AUDITS 11
ARTICLE IX AUDIT REVIEW PROCEDURES 12
ARTICLE X SUBCONTRACTING 13 ,
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES 15
ARTICLE XII STATE PREVAILING WAGE RATES 16
ARTICLE XIII CONFLICT OF INTEREST 19
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION 19
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS
FOR LOBBYING 20
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE 20
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION 21
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES(DBE) PARTICIPATION 22
ARTICLE XIX INSURANCE 28
ARTICLE XX FUNDING REQUIREMENTS 29
ARTICLE XXI CHANGE IN TERMS 29
•
Page 2 of 35
ARTICLE XXII CONTINGENT FEE 29
ARTICLE XXIII DISPUTES 30
ARTICLE XXIV INSPECTION OF WORK 30
ARTICLE XXV SAFETY 30
ARTICLE XXVI OWNERSHIP OF DATA 31
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR 31
ARTICLE XXVIII CONFIDENTIALITY OF DATA 32
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION 32
ARTICLE XXX EVALUATION OF CONSULTANT 33
ARTICLE XXXI PROMPT PAYMENT 33
ARTICLE XXXII TITLE VI ASSURANCES 33
ARTICLE XXXIII NOTIFICATION 38
ARTICLE XXXIV CONTRACT 38
ARTICLE XXXV SIGNATURES 39
Page 3 of 35
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:
RMA Group
Incorporated in the State of California
The Project Manager for the "CONSULTANT"will be Haitham Dawood
The name of the"LOCAL AGENCY" is as follows:
City of Campbell
The Contract Administrator for LOCAL AGENCY will be Fredrick Ho
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.
ARTICLE II CONSULTANT'S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task
Order. These reports shall be submitted at least once a month. The report should be sufficiently
detailed for LOCAL AGENCY's Contract Administrator or Project Coordinator to determine, if
CONSULTANT is performing to expectations, or is on schedule; to provide communication of
interim findings, and to sufficiently address any difficulties or special problems encountered, so
remedies can be developed.
B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator or
Project Coordinator, as needed, to discuss progress on the project(s).
ARTICLE III STATEMENT OF WORK (NOT USED)
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall
commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The
AGREEMENT shall end three (3) years after the date of execution of the City of Campbell
Consultant Services Agreement, unless extended by AGREEMENT amendment.
Page 4 of 35
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on
LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.
C. The period of performance for each specific project shall be in accordance with the Task Order for
that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the
terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration
of the contract to cover the time needed to complete the task order in progress only. The maximum
term shall not exceed five (5) years.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the
CONSULTANT's approved Cost Proposal. The specified hourly rates shall include direct salary
costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates
are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be
reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of
itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary
costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in
the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL
AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the
scope of services, expected results, project deliverables, period of performance, project schedule
and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to
CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar
days along with a Cost Estimate, including a written estimate of the number of hours and hourly
rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar
amount. After agreement has been reached on the negotiable items and total cost; the finalized
Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of
compensation, both of which must be based on the labor and other rates set forth in
CONSULTANT's approved Cost Proposal.
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. Reimbursement for transportation and subsistence costs shall not exceed the rates asspecified in the
approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs
in excess of State rates. -
Page 5 of 35
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall
obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone
cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services
provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or. services until this AGREEMENT has
been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL
AGENCY'S Contract Administrator. No payment will be made prior to approval or for any work
performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized
representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not
commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S
Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are
required for all work performed under each Task Order. Invoices shall be submitted no later than
thirty(30) calendar days after the performance of work for which CONSULTANT is billing, or upon
completion of the Task Order. Invoices shall detail the work performed on each milestone, on each
project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and
shall reference this AGREEMENT number, project title and Task Order number. Credits due
LOCAL AGENCY that include any equipment purchased under the provisions of Article XI
Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination
of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the
following address:
City of Campbell/Fredrick Ho
70 North First Street, Campbell, CA 95008
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task
Order. No Task Order will be written which extends beyond the expiration date of this
AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the
amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in
a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
O. Task Orders may not be used to amend the language(or the terms)of this AGREEMENT nor to
exceed the scope of work under this AGREEMENT.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT
shall not exceed $300,000. It is understood and agreed that there is no guarantee, either
expressed or implied that this dollar amount will be authorized under this AGREEMENT through
Task Orders.
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ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives
not less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt
requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work,
including but not limited to, reports, investigations, appraisals, inventories, studies, analyses,
drawings and data estimates performed to that date, whether completed or not, and in accordance
with Section 5, OWNERSHIP OF DOCUMENTS AND MATERIALS.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL
AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return
receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary
suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A
temporary suspension may be issued concurrent with the notice of termination.
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C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of
liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this
AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANTuntil.
such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this
AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not
limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data
estimates performed to that date, whether completed or not, and in accordance with Section 5,
OWNERSHIP OF DOCUMENTS AND MATERIALS.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be
used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by
subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by
the CONSULTANT to LOCAL AGENCY.
D. NOT USED.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT,
Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting
records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the
performance of the AGREEMENT including, but not limited to, the costs of administering the
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AGREEMENT. All parties, including the CONSULTANT's Independent CPA, shall make such
workpapers and materials available at their respective offices at all reasonable times during the
AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT
and records for real property and equipment acquired with federal funds must be retained for three (3)
years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized
representative of the Federal government having jurisdiction under Federal laws or regulations
(including the basis of Federal funding in whole or in part) shall have access to any books, records, and
documents of the CONSULTANT, Subconsultants, and the CONSULTANT's Independent CPA, that
are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and
transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this
AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY'S
Chief Financial Officer.
B. Not later than thirty(30) calendar days after issuance of the final audit report, CONSULTANT may
request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The
request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse
CONSULTANT from full and timely performance, in accordance with the terms of this
AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost
Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit,
an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or
review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be
reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the
instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure
federal, LOCAL AGENCY, or.local government officials are allowed full access to the CPA's work
papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be
adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform
to the audit or review recommendations. CONSULTANT agrees that individual terms of costs
identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed
by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review
recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have -
access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for
termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or
audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may
review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted
by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to
the Work Paper Review recommendations included in the management letter or audit
recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the
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Work Paper Review recommendations included in the management letter or audit
recommendations included in the audit report will be considered a breach of the AGREEMENT
terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI's review of the ICR audit work papers created by the CONSULTANT's independent
CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise
during the review. Each party agrees to use its best efforts to resolve any audit disputes in a
timely manner. If IOAI identifies significant issues during the review and is unable to issue a
cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted
ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS
(Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in
accordance with procedures and guidelines of the American Association of State Highways and
Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and
guidelines) is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent(150%) -the accepted rate
reimbursed will be ninety percent(90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent(150%) and two hundred
percent(200%) -the accepted rate will be eighty-five percent (85%) of the proposed
rate.
c. If the proposed rate is greater than two hundred percent(200%) -the accepted rate will
be seventy-five percent(75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require
CONSULTANT to submit a revised independent CPA-audited ICR and audit report withinthree
(3) months of the effective date of the management letter. IOAI will then have up to six (6)
months to review the CONSULTANT's and/or the independent CPA's revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still
unable to issue a cognizant approval letter after the revised independent CPA audited ICR is
submitted, overhead cost reimbursement will be limited to the accepted ICR that was
established upon initial rejection of the ICR and set forth in paragraph E.1. above for all
rendered services. In this event, this accepted ICR will become the actual and final ICR for
reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items
have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR;
(2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL
AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST
SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty(60) calendar days after
occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all
other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a
prime or subconsultant, with the same fiscal period ICR.
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ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between
the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the
CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be
as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of
persons either directly or indirectly employed by any of them as it is for the acts and omissions of
persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its
Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make
payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own
organization and no portion of the work shall be subcontracted without written authorization by the
LOCAL AGENCY Contract Administrator, except that which is expressly identified in the
CONSULTANT's approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions
stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each
payment made to the CONSULTANT by the LOCAL AGENCY.
E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract
Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days
after receipt of each progress payment, unless otherwise agreed to in writing, the respective
amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the
extent of each subconsultant's interest therein. In the event that there is a good faith dispute over all
or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a
subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the
disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action
and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount
due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to
his or her attorney's fees and costs. The sanctions authorized under this requirement shall be
separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This
clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular
incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work,
and pay retainage to CONSULTANT based on these acceptances.
No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT.
CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants.
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Any delay or postponement of payment may take place only for good cause and with the LOCAL
AGENCY's prior written approval. Any violation of these provisions shall subject the violating
CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in
Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair
any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or
subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT,
deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies
to both DBE and non-DBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the
penalties, sanctions and other remedies specified therein. These requirements shall not be
construed to limit or impair any contractual, administrative, or judicial remedies otherwise available
to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment
by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES (NOT USED)
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work
elements unless registered with the Department of Industrial Relations(DIR) pursuant to Labor
Code §1725.5. Registration with DIR must be maintained throughout the entire term of this
AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code
requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations
applicable to work under this AGREEMENT are available and on file with the Department of
Transportation's Regional/District Labor Compliance Officer
(https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific
part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to
work performed at a construction project site. Prevailing wages will be applicable to all inspection
work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site
locations that are set up by the construction contractor or one of its subcontractors solely and
specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to
inspection work performed at the facilities of vendors and commercial materials suppliers that
provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from
the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and
supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by the CONSULTANT or
Subconsultant in connection with the public work. Each payroll record shall contain or be
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verified by a written declaration that it is made under penalty of perjury, stating both of the
following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code §1771, §1811,and
§1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the
CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall
be made available for inspection and copying by LOCAL AGENCY representatives at all
reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide
copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or
furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made
available for inspection or furnished upon request to a representative of LOCAL
AGENCY, the Division of Labor Standards Enforcement and the Division of
Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls
submitted to LOCAL AGENCY,the Division of Labor Standards Enforcement and the
Division of Apprenticeship Standards shall not be altered or obliterated by the
CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.
The CONSULTANT is required to forward any requests for certified payrolls to the
LOCAL AGENCY Contract Administrator by both email and regular mail on the business
day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph(1)
above, to the entity that requested the records within ten (10) calendar days after receipt of a
written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the
public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a
manner as to prevent disclosure of each individual's name, address, and social security
number. The name and address of the CONSULTANT or Subconsultant performing the work _
shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated
under paragraph (1) above, including the street address, city and county, and shall, withinfive
(5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply
subsequent to receipt of written notice requesting the records enumerated in paragraph (1)
above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day
period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for
each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT
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is not subject to a penalty assessment pursuant to this section due to the failure of a
Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with
certified payroll requirements. Invoice payment will not be made until the invoice is approved by the
LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and
§1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit
to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200)for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as
determined by the Director of DIR for the work or craft in which the worker is employed for any
public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in
violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780,
inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be
based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or
Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the
CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the
willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing
wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages
is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under
the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including
any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the
prevailing wage rates and the amount paid to each worker for each calendar day or portion
thereof for which each worker was paid less than the prevailing wage rate shall be paid to each
worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general
prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable
for the penalties described above unless the CONSULTANT had knowledge of that failure of the
Subconsultant to pay the specified prevailing rate of wages to those workers or unless the
CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the
performance of work on public works projects shall include a copy of the requirements in
•
Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of
per diem wages by the Subconsultant to the employees by periodic review of the
certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate
of wages to the Subconsultant's workers, the CONSULTANT shall diligently take
corrective action to halt or rectify the failure, including but not limited to; retaining
sufficient funds due the Subconsultant for work performed on the public works project.
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d. Prior to making final payment to the Subconsultant for work performed on the public
works project, the CONSULTANT shall obtain an affidavit signed under penalty of
perjury from the Subconsultant that the Subconsultant had paid the specified general
prevailing rate of per diem wages to the Subconsultant's employees on the public works
project and any amounts due pursuant to Labor Code§1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public
works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has
failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general
prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under
the AGREEMENT to pay those employees the balance of wages owed under the general
prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due
the Subconsultant sufficient to pay those employees the general prevailing rate of per diem
wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to
the LOCAL AGENCY, twenty-five dollars ($25)for each worker employed in the execution of the
AGREEMENT by the CONSULTANT.or any of its Subconsultants for each calendar day during
which such worker is required or permitted to work more than eight(8) hours in any one calendar
day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code,
and in particular§§1810 to 1815 thereof, inclusive, except that work performed by employees in
excess of eight(8) hours per day, and forty (40) hours during any one week, shall be permitted
upon compensation for all hours worked in excess of eight(8) hours per day and forty (40) hours in
any week, at not less than one and one-half(1.5)times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars
($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all
applicable requirements of Labor Code§§ 1777.5, 1777.6 and 1777.7 in the employment of
apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements
regarding the employment of apprentices, including mandatory ratios of journey level to
apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are
advised to contact the DIR Division of Apprenticeship Standards website at_
https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices
and for the specific journey-to-apprentice ratios for the AGREEMENT work. The
CONSULTANT is responsible for all subconsultants' compliance with these requirements.
Penalties are specified in Labor Code§1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or
other relationship with LOCAL AGENCY that may have an impact upon the outcome of this
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AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also
list current clients who may have a financial interest in the outcome of this AGREEMENT or any
ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, orpotential
conflicts of interest that may exist relative to the services to be provided pursuant to this
AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or
potential conflicts of interest that may develop subsequent to the date of execution of this
AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if
required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or
business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated
with the CONSULTANT or subconsultant that bids on any construction contract or on any
Agreement to provide construction inspection for any construction project resulting from this
AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.An
affiliated firm is one, which is subject to the control of the same persons, through joint ownership or
otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates,
kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to
terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or
to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or
other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS
FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief,that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or
on behalf of the CONSULTANT, to any person for influencing or attempting to influence an
officer or employee of any local, State, or Federal agency, a Member of the State Legislature or
United States Congress, an officer or employee of the Legislature or Congress, or any
employee of a Member of the Legislature or Congress in connection with the awarding or
making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or
modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard
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Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or.entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not
more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the
language of this certification be included in all lower tier subagreements, which exceed one hundred
thousand dollars ($100,000), and that all such subrecipients shall certify and discloseaccordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE
A. The CONSULTANT's signature affixed herein and dated shall constitute a certification under
penalty of perjury under the laws of the State of California that the CONSULTANT has, unless
exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2
CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny
the AGREEMENT's benefits to any person on the basis of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran
status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and
Housing Act(Gov. Code §12990 et seq.), the applicable regulations promulgated there under(2
CCR §11000 et seq.),the provisions of Gov. Code §§11135-11139.5, and the regulations or
standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the
Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR
§§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if
set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and
Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business
hours, but in no case less than twenty-four(24) hours' notice, to such of its books, records,
accounts, and all other sources of information and its facilities as said Department or LOCAL
AGENCY shall require to ascertain compliance with this.clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause
to labor organizations with which they have a collective bargaining or other Agreement.
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F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in
accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides
that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in
which no person in the United States shall, on the basis of race, color, national origin, religion, sex,
age, disability, be excluded from participation in, denied the benefits of or subject to discrimination
under any program or activity by the recipients of federal assistance or their assignees and
successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted
programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil
Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly
in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection
and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in,
deny any person the benefits of, or otherwise discriminate against anyone in connection with the
award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or
national origin. In administering the LOCAL AGENCY components of the DBE Program Plan,
CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other
arrangements, use criteria or methods of administration that have the effect of defeating or
substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to
individuals of a particular race, color, sex, or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT's signature affixed herein shall constitute a certification under penalty of perjury
under the laws of the State of California, that the CONSULTANT or any person associated
therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal
agency within the past three (3)years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the pastthree
(3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not
necessarily result in denial of recommendation for award, but will be considered in determining
responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating
agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained
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by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and
reasonable steps to ensure that DBEs have opportunities to participate in the contract(49 CFR 26).
To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a
contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts
consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or
demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is
CONSULTANT's responsibility to verify at date of proposal opening that the DBE firm is certified as
a DBE by using the California Unified Certification Program (CUCP) database and possesses the
most specific available North American Industry Classification System (NAICS) codes and work
code applicable to the type of work the firm will perform on the contract. Additionally, the
CONSULTANT is responsible to document the verification record by.printing out the CUCP data for
each DBE firm. A list of DBEs certified by the CUCP can be found at
https://dot.ca.gov/programs/civil-rights/dbe-search.
All DBE participation will count toward the California Department of Transportation's federally
mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases
from DBEs counts towards the goal in the following manner:
❑ 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
O 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
O Only fees, commissions, and charges for assistance in the procurement and delivery of
materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular
dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR 26 entitled "Participation by Disadvantaged Business
Enterprises in Department of Transportation Financial Assistance Programs". CONSULTANTs who
enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to
achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is zero (0)%. Participation by DBE
CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-
02: Consultant Contract`DBE Commitment attached hereto and incorporated as part of the
AGREEMENT. If a DBE subconsultant is unable to perform, CONISULTANT must make a good
faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs
to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the
AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it
took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and
appropriateness to the objective, could reasonably be expected to meet the DBE goal. If
CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor
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Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding
evaluation of good faith efforts to meet the DBE goal.
D. Contract Assurance
Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable
requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible
E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for
which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY's
written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and
perform the work with their own forces or obtain materials from other sources without authorization
from the LOCAL AGENCY. Unless the LOCAL AGENCY's consent is provided, the CONSULTANT
shall not be entitled to any payment for work or material unless it is performed or supplied by the
listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.
Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not
limited to,justifiable reasons with prior written authorization from the LOCAL AGENCY:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications
for the project.
2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and
the listed DBE fails to meet the LOCAL AGENCY's bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under
Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or
refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a
result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
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8. Listed DBE voluntarily withdraws with written notice from the Contract.
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on
the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULTANT must use the following procedures to request the termination of a DBE or portion of
a DBE's work:
1. Send a written notice to the DBE of the CONSULTANT's intent to use other forces or
material sources and include one or more justifiable reasons listed above. Simultaneously
send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE
must request they provide any response within five (5) business days to both the
CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or
documenting their reasoning as to why the use of other forces or sources of materials
should not occur.
2. If the DBE does not respond within five (5) business days, CONSULTANT may move
forward with the request as if the DBE had agreed to CONSULTANT's written notice.
3. Submit CONSULTANT's DBE termination request by written letter to the LOCAL AGENCY
and include:
• One or more above listed justifiable reasons along with supporting documentation.
• CONSULTANT's written notice to the DBE regarding the request, including proof of
transmission and tracking documentation of CONSULTANT's written notice
• The DBE's response to CONSULTANT's written notice, if received. If a written
response was not provided, provide a statement to that effect.
The LOCAL AGENCY shall respond in writing to CONSULTANT's DBE termination request within
five (5) business days.
Replacement of DBE Subconsultants
. After receiving the LOCAL AGENCY's written authorization of DBE termination request,
CONSULTANT must obtain the LOCAL AGENCY'S written agreement for DBE replacement.
CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform
the work to the extent needed to meet the DBE commitment.
The following procedures shall be followed to request authorization to replace a DBE firm:
1. Submit a request to replace a DBE with other forces or material sources in writing to the
LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement
DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have
agreed to perform, and the following:
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•
• Description of scope of work and cost.proposal
• Proposed subcontract agreement and written confirmation of agreement to
perform on the Contract
• Revised Exhibit 10-02: Consultant Contract DBE Commitment
2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of
CONSULTANT's GFEs to use DBE replacement firms within seven (7) days of LOCAL
AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL
AGENCY's approval to extend this submittal period to a total of 14 days. Submit
documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE workidentified
and or other work CONSULTANT had intended to self-perform, to the extent needed
to meet DBE commitment
• Solicitations of DBEs for performance of work identified
• Correspondence with interested DBEs that may have included contract details and
requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached
• If a DBE's quote was rejected, provide reasoning for the rejection, such as why the
DBE was unqualified for the work, or why the price quote was unreasonable or
excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL
AGENCY may contact the firms to verify solicitation efforts and determine if the DBE
quotes are substantially higher
• Additional documentation that supports CONSULTANT's GFE
The LOCAL AGENCY shall respond in writing to CONSULTANT's DBE replacement request within
five (5) business days.
•
F. Commitment and Utilization
The LOCAL AGENCY's DBE program must include a monitoring and enforcement mechanism to
ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY'S contract'administrator or designated representative of any
changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1 S tier subconsultant
• Name and business address of each DBE subconsultant, DBE vendor, and.DBE
• trucking company, regardless of tier
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• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly
Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their
own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of
the decertification date. If a business becomes a certified DBE before completing its work, the
business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit
the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete
Exhibit 17-0: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit
the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report— Utilization of
Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL
AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until
the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the
completed form.
In the LOCAL AGENCY's reports of DBE participation to Caltrans, the LOCAL AGENCY must
display both commitments and attainments.
G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing
work or supplying materials listed on the DBE Commitment form. The DBE value of work will only
count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is
responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by
actually performing, managing, and supervising the work involved. To perform a CUF, the DBE
must also be responsible, with respect to materials and supplies used on the AGREEMENT, for
negotiating price, determining quality and quantity, ordering the material and installing (where
applicable), and paying for the material itself.
CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with
or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE's work and continue
to monitor the performance of CUF for the duration of the project.
CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in
advance of each DBE's initial performance of work or supplying materials for the Contract. The
notification must include the DBE's name, work the DBE will perform on the contract, and the
location, date, and time of where their work will take place.
Within 10 days of a DBE initially performing work or supplying materials on the Contract,
CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a
CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function
Evaluation. Include the following information with the submittal:
❑ Subcontract agreement with the DBE
❑ Purchase orders
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❑ Bills of lading
❑ Invoices
❑ Proof of payment
CONSULTANT must monitor all DBE's performance of CUF by conducting quarterly evaluations
and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE
Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY
these quarterly evaluations and validations by the 5th of the month for the previous three
months of work.
CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be
performing a CUF.
The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly
submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting
information, field observations, and through any additional LOCAL AGENCY evaluations. The
LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a
Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at
least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must
participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the
evaluation results with the CONSULTANT and the DBE. An evaluation could include items that
must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a
CUF, the CONSULTANT must suspend performance of the noncompliant work.
CONSULTANT and DBEs must submit any additional CUF related records and documents within
five (5) business days of LOCAL AGENCY's request such as:
❑ Proof of ownership or lease and rental agreements for equipment
❑ Tax records
❑ Employee rosters
❑ Certified payroll records
❑ Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested
records and documents can result in withholding of payment for the value of work completed by the
DBE.
If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF
in performance of their DBE committed work, CONSULTANT must immediately suspend
performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the
noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a
corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF
determination. The CAP must identify how the CONSULTANT will correct the noncompliance
findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review
the CAP in conjunction with the CONSULTANT's review. The CONSULTANT must implement the
CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then
authorize the prior noncompliant portion of work for the DBE's committed work.
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If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful
function on the Contract, CONSULTANT may have good cause to request termination of the DBE.
•
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction,
AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE
participation. In determining whether a DBE is such an extra participant, examine similar
transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent(30%) of thetotal cost
of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work
of the AGREEMENT than would be expected on the basis of normal industry practice for the type of
work involved, it will be presumed that it is not performing a CUF:
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts
entered into with certified DBEs. The records shall show the name and business address of each
DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.
The records shall show the date of payment and the total dollar figure paid to all firms. DBE
CONSULTANT's shall also show the date of work performed by their own forces along with the
corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified
subconsultant shall notify CONSULTANT in writing with the date of decertification. If a
subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall
notify CONSULTANT in writing with the date of certification. Any changes should be reported to
LOCAL AGENCY's Contract Administrator within thirty (30) calendar days.
L. By the 15th of the month following the month of any payment(s), the CONSULTANT must submit
Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not
make any payments to subconsultants, supplier(s), and/or manufacturers they must report"no
payments were made to subs this month" and write this visibly and legibly on Exhibit 9-P.
M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of
this section.
ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL
AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance
presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million
dollars ($1,000,000) per occurrence.
B. The Certificate of Insurance will provide:
1. That the insurer will not cancel the insured's coverage without thirty (30) calendar days prior.
written notice to LOCAL AGENCY.
2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as
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•
additional insureds, but only insofar as the operations under this AGREEMENT are
concerned.
3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the
policy.
C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect
at all times during the term of this AGREEMENT. In the event said insurance coverage expires at
any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least
thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance
evidencing insurance coverage as provided for herein, for not less than either the remainder of the
term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of
Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to
keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in
addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such
event.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before
ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties,
in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed
after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL
AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any
additional restrictions, limitations, conditions, or any statute enacted by the Congress, State
Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding
of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be
amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination,
or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is
executed and notification to proceed has been provided by LOCAL AGENCY's Contract
Administrator.
C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as
listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written
approval by LOCAL AGENCY's Contract Administrator.
Page 25 of 35
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been
employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for
a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide
established commercial or selling agencies maintained by CONSULTANT for the purpose of securing
business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this
AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion
to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such
commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in
good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five
(45) days of good-faith negotiations and as may be otherwise provided herein, then either party may
commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is
not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY's
Contract Administrator and (LOCAL AGENCY's City Engineer), who may consider written or verbal
information submitted by CONSULTANT.
B. Not later than thirty(30) calendar days after completion of all work under the AGREEMENT,
CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or
disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse
CONSULTANT from full and timely performance in accordance with the terms of thisAGREEMENT.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if
federal participating funds are used in this AGREEMENT; to review and inspect the project activities
and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding
necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions
issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.
CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the
construction project site.
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B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that
such areas are within the limits of the project and are open to public traffic. CONSULTANT shall
comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles
and the protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this
Article.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall
become the property of City, and CONSULTANT shall have no property right therein whatsoever.
Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City,
reports, investigations,appraisals, inventories, studies, analyses, drawings and data estimates
performed to that date, whether completed or not, and other such materials as may have been
prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not
CONSULTANT's privileged information, as defined by law, or CONSULTANT's personnel
information, along with all other property belonging exclusively to City which is in CONSULTANT's
possession. Publication of the information derived from work performed or data obtained in
connection with services rendered under this AGREEMENT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each
considers the products and results of the services to be rendered by CONSULTANT hereunder to
be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights
therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive
property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the
work product is suitable in any way for any other project except the one detailed in this Contract.
Any reuse by City for another project or project location shall be at City's sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts
as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-
aid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are
permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive
and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the
work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR
A. If claims are filed by LOCAL AGENCY's construction contractor relating to work performed by
CONSULTANT's personnel, and additional information or assistance from CONSULTANT's
Page 27 of 35
personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to
make its personnel available for consultation with LOCAL AGENCY'S construction contract
administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration
proceedings.
B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in defending
against construction contractor claims will be made available on reasonable notice from LOCAL
AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs
that are being paid for CONSULTANT's personnel services under this AGREEMENT.
C. Services of CONSULTANT's personnel in connection with LOCAL AGENCY's construction
contractor claims will be performed pursuant to a written contract amendment, if necessary,
extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL
AGENCY's operations, which are designated confidential by LOCAL AGENCY and madeavailable
to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT
from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY
relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such
information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the
AGREEMENT or LOCAL AGENCY's actions on the same, except to LOCAL AGENCY's staff,
CONSULTANT's own personnel involved in the performance of this.AGREEMENT, at public
hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever,
regarding work performed or to be performed under this AGREEMENT without prior review of the
contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY'S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this
Article.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of
perjury that no more than one final unappealable finding of contempt of court by a federal court has
been issued against CONSULTANT within the immediately preceding two-year period, because of
CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply
with an order of the National Labor Relations Board.
Page 28 of 35
ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be
sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as
part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an
undisputed and properly submitted payment request from CONSULTANT on a professional service
contract. If the LOCAL AGENCY fails to pay promptly,.the LOCAL AGENCY shall pay interest to the
CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a
money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment
request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY_shall review each payment request as soon as feasible after receipt to
verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL
AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after
receipt. A request returned pursuant to this paragraph shall include documentation setting forth
in writing the reasons why it is an improper payment request.
B. PROMPT PAYMENT CERTIFICATION
The CONSULTANT must submit Exhibit
9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month
of any payment(s). If the CONSULTANT does not make any payments to subconsultants,
supplier(s), and/or manufacturers they must report"no payments were made to subs this month"
and write this visibly and legibly on Exhibit 9-P.
The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt
payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE
commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must
email a copy of Exhibit 9-P to DBE.Formsdot.ca.qov before the end of the month after receiving
the Exhibit 9-P from the CONSULTANT.
ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in
interest(hereinafter collectively referred to as CONSULTANT) agrees as follows:'
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation, Title 49,
Page 29 of 35
Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the REGULATIONS), which are herein incorporated by reference and made a part
of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the
AGREEMENT, shall not discriminate onthe grounds of race, color, sex, national origin, religion,
age, or disability in the selection and retention of sub-applicants, including procurements of
materials and leases of equipment. CONSULTANT shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the agreement covers a program set forth in Appendix B of the
Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be
performed under a Sub-agreement, including procurements of materials or leases of
equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the
CONSULTANT'S obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who
fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or
FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the
information.
e. Sanctions for Noncompliance: In the event of CONSULTANT's noncompliance with the
nondiscrimination provisions of this agreement, the recipient shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limitedto:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable
period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1)
through (6) in every sub-agreement, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuantthereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the
recipient or FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is
threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT
may request the recipient enter into such litigation to protect the interests of the State, and, in addition,
CONSULTANT may request the United States to enter into such litigation to protect the interests of the
United States.
Page 30 of 35
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to the
provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the
condition that the recipient will accept title to the lands and maintain the project constructed thereon in
accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the
policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in
accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does
hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.
Department of Transportation in and to said lands described in Exhibit A attached hereto and made a
part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors
forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained
as follows, which will remain in effect for the period during which the real property or structures are
used for a purpose for which Federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits and will be binding on the recipient, its successors and
assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
that(1) no person will on the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located
wholly or in part on, over, or under such lands hereby conveyed [,] [and]*(2) that the recipient will use
the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-
mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said
lands and facilities on said lands, and that above described land and facilities will thereon revert to and
vest in and become the absolute property of the U.S. Department of Transportation and its assigns as
such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
Page 31 of 35
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments
entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree [in the case of deeds and leases add"as a covenant running with
the land"]that:
1.. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.)for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the (grantee, licensee,
lessee, permittee, etc.)will maintain and operate such facilities and services in
compliance with all requirements imposed by the Acts and Regulations(as may be
amended) such that no person on the grounds of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-
discrimination covenants, the recipient will have the right to terminate the (lease, license, permit,
etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same
as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination
covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon,
and the above described lands and facilities will there upon revert to and vest in and become
the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is.
necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs,
personal representatives, successors in interest ,and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant
running with the land") that (1) no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any improvements on,
over, or under such land, and the furnishings of services thereon, no person on the ground of
race, color, or national origin, will be excluded from participation in, denied the benefits or, or
otherwise be subjected to discrimination, (3)that the (grantee, licensee, lessee, permittee,
etc.) will use the premises in compliance with all other requirements imposed by or pursuant to
Page 32 of 35
the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the
above Non-discrimination covenants, the recipient will have the right to terminate the (license,
permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities
thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been
made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants,
the recipient will there upon revert to and vest in and become the absolute property of the
recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in
interest(hereinafter referred to as the "CONSULTANT") agrees to comply with the following non-
discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42
U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the
basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities"to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or
not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis
of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as
Page 33 of 35
implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and •
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must
take reasonable steps to ensure that LEP persons have meaningful access to your programs
(70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C.1681 etseq).
Page 34 of 35
•
ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT
and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return
receipt requested, postage prepaid, and addressed as follows:
CONSULTANT:
RMA Group
Haitham Dawood , Contract Manager
5102 Port Chicago Highway, Suite B
Concord, CA 94520
LOCAL AGENCY:
City of Campbell
Fredrick Ho , Contract Administrator
70 North First Street
Campbell, CA 95008
ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT,who are the before named CONSULTANT and the before named
LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is
made and concluded in duplicate between the two parties. Both of these parties for and in
consideration of the payments to be made, conditions mentioned, and work to be performed; each
agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as
evidenced by the signatures below.
ARTICLE XXXV SIGNATURES
Brian Loventhal hop,
City Manager Prin ipal- -Charge
Date: Date: 1/20 4
Page 35 of 35
ATTACHMENT C — LOCAL ASSISTANCE PROCEDURES EXHIBITS
All Local Assistance Procedures Manual (LAPM)exhibits and forms that are necessary for federal
grant reimbursement requirements are hereby included in this Consultant Agreement.
These forms and exhibits include, but are not limited to, the following:
Exhibit 10-01, Consultant proposal DBE commitment
Exhibit 10-02, Consultant contract DBE commitment
Exhibit 10-H2, Cost Proposal
Exhibit 10-Q, Disclosure of Lobbying Activities
Exhibit 10-U, Consultant Conflict of Interest Statement
Exhibit 15-H, DBE Information, Good Faith Efforts (Not Required for DBE Goal of 0%)
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT -
1.Local Agency: City of Campbell 2.Contract DBE Goal: 0%
3.Project Description: On-Call Material Testing Services
4.Project Location: Campbell,CA
5.Consultant's Name: RMA Group,and RMA Company 6. Prime Certified DBE:
7.Description of Work,Service,or Materials 8.DBE %
Supplied Certification 9.DBE Contact Information 10.DBE
Number
•
•
Local Agency to Complete this Section
17.Local Agency Contract Number:
11.TOTAL CLAIMED DBE PARTICIPATION 0.00 %
18.Federal-Aid Project Number:
Consultant's Ranking after Evaluation:
IMPORTANT:Identify all DBE firms being claimed for credit,
Local Agency certifies that all DBE certifications are valid and information on regardless of tier.Written confirmation of each listed DBE is
this form is complete and accurate. required.
, 06/06/2024
21.Local Agency Representative's Signature 22.Date 12.Preparer's Signature 13.Date
Haitham Dawood 916.631.7194
23.Local Agency Representative's Name 24.Phone 14.Preparer's Name 15.Phone
Engineering Manager
25.Local Agency Representative's Title 16.Preparer's Title
DISTRIBUTION: Original—Included with consultant's proposal to local agency.
ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654-
3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814.
LPP 18-01 Page 1 of 2
January 2019
Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DBE Commitment
INSTRUCTIONS—CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency-Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal-Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Location-Enter the project location as it appears on the project advertisement.
4.Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc.).
5. Consultant's Name-Enter the consultant's firm name.
6.Prime Certified DBE-Check box if prime contractor is a certified DBE.
7.Description of Work,Services,or Materials Supplied-Enter description of work, services,or materials to be
provided.Indicate all work to be performed by DBEs including work performed by the prime consultant's own
forces, if the prime is a DBE. If 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 DBE's Certification Identification Number.All DBEs must be certified
on the date bids are opened.
9. DBE Contact Information-Enter the name,address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant's name and phone number, if the prime is a DBE.
10. DBE % -Percent participation of work to be performed or service provided by a DBE. Include the prime
consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11. Total Claimed DBE Participation % -Enter the total DBE participation claimed. If the total%claimed is
less than item"Contract DBE Goal," an adequately documented Good Faith Effort(GFE) is required(see Exhibit
15-H DBE Information-Good Faith Efforts of the LAPM).
12. Preparer's Signature-The person completing the DBE commitment form on behalf of the consultant's firm
must sign their name.
13.Date-Enter the date the DBE commitment form is signed by the consultant's preparer.
14. Preparer's Name-Enter the name of the person preparing and signing the consultant's DBE commitment
form.
15. Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form.
16. Preparer's Title-Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
17.Local Agency Contract Number-Enter the Local Agency contract number or identifier.
18.Federal-Aid Project Number-Enter the Federal-Aid Project Number.
19.Proposed Contract Execution Date-Enter the proposed contract execution date.
20. Consultant's Ranking after Evaluation—Enter consultant's ranking after all submittals/consultants are
evaluated.Use this as a quick comparison for evaluating most qualified consultant.
21. Local Agency Representative's Signature-The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Consultant Section of this form is
complete and accurate.
22.Date-Enter the date the DBE commitment form is signed by the Local Agency Representative.
23.Local Agency Representative's Name-Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
24.Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form.
25.Local Agency Representative Title-Enter the position/title of the Local Agency Representative certifying the
consultant's DBE commitment form.
LPP 18-01 Page 2 of 2
January 2019
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT
1.Local Agency: City of Campbell 2.Contract DBE Goal: 0%
3.Project Description: On-Call Material Testing Services
4.Project Location: Campbell, CA
5.Consultant's Name: RMA Group, an RMA Compa 6.Prime Certified DBE: 0 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 11.DBE 13.DBE
Supplied Certification 12.DBE Contact Information Dollar
Number Amount
•
•
Local Agency to Complete this Section
20.Local Agency Contract $
MIimhar• - - 14.TOTAL CLAIMED DBE PARTICIPATION -
21.Federal-Aid Project Number:
22.Contract Execution 0.00
Hate•
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT:Identify all DBE firms being claimed for credit,
this form is complete and accurate. regardless of tier.Written confirmation of each listed DBE is
required.
4a.;It wi gra) 6/10/24
23.Local Agency Representative's Signature 24.Date 15.Preparer's Signature 16.Date
Haitham Dawood 916.631.7194
25.Local Agency Representative's Name 26.Phone 17.Preparer's Name 18.Phone
Engineering Manager
27.Local Agency Representative's Title 19.Preparer's Title
DISTRIBUTION: 1.Original-Local Agency
2.Copy-Caltrans District Local Assistance Engineer(DLAE).Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
•
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 10-02
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. Consultant's Name-Enter the consultant's firm name.
6.Prime Certified DBE-Check box if prime contractor is a certified DBE.
7.Total Contract Award Amount-Enter the total contract award dollar amount for the prime consultant.
8.Total Dollar Amount for ALL Subconsultants—Enter the total dollar amount for all subcontracted consultants.
SUM=(DBEs+all Non-DBEs).Do not include the prime consultant information in this count.
9.Total number of ALL subconsultants—Enter the total number of all subcontracted consultants. SUM=(DBEs+all
Non-DBEs).Do not include the prime consultant information in this count.
10.Description of Work,Services,or Materials Supplied-Enter description of work, services,or materials to be
provided.Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces,if
the prime is a DBE.If 100%of the item is not to be performed or furnished by the DBE,describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11.DBE Certification Number-Enter the DBE's Certification Identification Number.All DBEs must be certified on
the date bids are opened.
12.DBE Contact Information-Enter the name, address,and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant's name and phone number, if the prime is a DBE.
13.DBE Dollar Amount-Enter the subcontracted dollar amount of the work to be performed or service to be
provided.Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14.Total Claimed DBE Participation-$:Enter the total dollar amounts entered in the"DBE Dollar Amount"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.Preparer's Signature-The person completing the DBE commitment form on behalf of the consultant's firm must
sign their name.
16.Date-Enter the date the DBE commitment form is signed by the consultant's preparer.
17.Preparer's Name-Enter the name of the person preparing and signing the consultant's DBE commitment form.
18.Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form.
19.Preparer's Title-Enter the position/title of the person signing the consultant's DBE commitment form.
LOCAL AGENCY SECTION
20.Local Agency Contract Number-Enter the Local Agency contract number or identifier.
21.Federal-Aid Project Number-Enter the Federal-Aid Project Number.
22. Contract Execution Date-Enter the date the contract was executed.
23.Local Agency Representative's Signature-The person 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 Representative's Name-Enter the name of the Local Agency Representative certifying the
consultant's DBE commitment form.
26.Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form.
27.Local Agency Representative Title-Enter the position/title of the Local Agency Representative certifying the
consultant's DBE commitment form.
Page 2 of 2
July 23,2015
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 11
SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant RIVIA Group_ S Prime Consultant ❑ Subconsultant ❑ 2nd Tier Subconsultant
Project No. To Be Determined Contract No. To Be Determined Participation Amount$ To Be Determined Date February 26,2024
For Combined Rate 49.84% + 55.69% 105.53%
Fringe Benefit% + General&Administrative% = Combined ICR%
OR
For Home Office Rate
Fringe Benefit% + General&Administrative% = Home Office ICR%
For Field Office Rate
Fringe Benefit% + General&Administrative% = Field Office ICR%
Fee = 10%
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification) Hourly Billing Rates'` Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range-
Straight3 OT(1.5x) OT(2x) From To Hourly Rate 4 Increase for Classifications Only
$200.85 $301.28 $401.70 01/01/2024 06/31/2024 $88.84 3%
*Jim Bishop $206.88 $310.32 $413.76 07/01/2024 06/31/2025 $91.51 3% Hourly Range N/A
Principle in Charge $213.08 $319.63 $426.17 07/01/2025 06/31/2026 $94.25 3%
$219.48 $329.21 $438.95 07/01/2026 06/31/2027 $97.08 3%
$175.10 $262.65 $350.20 01/01/2024 06/31/2024 $77.45 3%
*Haitham Dawood,PhD,PE,GE $180.35 $270.53 $360.71 07/01/2024 06/31/2025 $79.77 3% Hourly Range N/A
Contract Manager $185.76 $278.65 $375.53 07/01/2025 06/31/2026 $82.17 3%
$191.34 $287.01 $382.68 07/01/2026 06/31/2027 $84.63 3%
$133.91 $200.86 $267.82 01/01/2024 06/31/2024 $59.23 3%
*Paul Warren $137.93 $206.89 $275.85 07/01/2024 06/31/2025 $61.01 3% Hourly Range N/A
Supervising Technician $142.06 $213.10 $284.13 07/01/2025 06/31/2026 $62.84 3%
$146.33 $219.49 $292.65 07/01/2026 ' 06/31/2027 $64.72 3%
$133.91 $200.86 $267.82 01/01/2024 06/31/2024 $59.23 3%
Staff Engineer $137.93 $206.89 $275.85 07/01/2024 06/31/2025 $61.01 3% Hourly Range N/A
$142.06 $213.10 $284.13 07/01/2025 06/31/2026 $62.84 3%
$146.33 , $219,49 . $292.65 07/01/2026 06/31/2027 $64.72 3%
$72.62 $108.93 $145.24 01/01/2024 06/31/2024 $32.12 3%
Administrative $74.80 $112.19 $149.59 07/01/2024 06/31/2025 $33.08 3% Hourly Range N.A
$77.04 $115.56 $154.08 07/01/2025 06/31/2026 $34.08 3%
$79.35 $119.03 $158.70 07/01/2026 06/31/2027 $35.10 3%
(Add pages as necessary)
NOTES:
January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
•
EXHIBIT 10-H2 COST PROPOSAL Page 2 of 11
Name/Job Title/Classification) Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range-
Straight3 OT(1.5x) OT(2x) From To Hourly Rate 4 Increase for Classifications Only
• Hourly Range N/A
^Note 5:Adj.per year based on
$131.74 $197.61 $263.48 01/01/2024 06/31/2024 $58.27^ 3%^ CA Prevailing Wage.Rates shown
reflect two hard costs as per DIR
**Journeyman Group 1 $135.69 $203.54 $271.38 07/01/2024 06/31/2025 $60.02^ 3%^ determinations and negotiated
$139.76 $209.64 $279.52 07/01/2025 06/31/2026 $61.82^ 3%^ with Operating Engineers Local
Shift 1 $143.95 $215.93 $287.91 07/01/2026 06/31/2027 $63.67^ 3%^ #3(See Attached Agreement)
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates shown
$127.22 $190.83 $254.43 01/01/2024 06/31/2024 $56.27^ 3%A reflect two hard costs as per DIR
**Journeyman Group 2 ° determinations and negotiated
Shift 1 $131.03 $196.55 $262.07 07/01/2024 06/31/2025 $57.96^ 3/o^
with Operating Engineers Local
$134.96 $202.45 $269.93 07/01/2025 06/31/2026 $59.70^ 3%A #3(See Attached Agreement)
$139.01 $208.52 $278.03 07/01/2026 06/31/2027 $61.49^ 3%A
Hourly Range N/A
**Journeyman Group 3 ^Note 5:Adj.per year based on
Shift 1 CA Prevailing Wage.Rates shown
$110.92 $166.37 $221.83 01/01/2024 06/31/2024 $49.06^ 3%^ reflect two hard costs as per DIR
$114.24 $171.37 $228.49 07/01/2024 06/31/2025 $50.53^ 3%A deteminationsand negotiated
with Operating Engineers Local
$117.67 $176.51 $235.34 07/01/2025 06/31/2026 $52.05^ 3%^ #3(See Attached Agreement)
$121.20 $181.80 $242.40 07/01/2026 06/31/2027 $53.61^ 3%A
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates shown
$97.42 $146.13 $194.84 01/01/2024 06/31/2024 $43.09^ 3%^ reflect two hard costs as per DIR
**Journeyman Group 4 $100.34 $150.51 .$200.68 07/01/2024 06/31/2025 $44.38^ 3%A determinations and negotiated
with Operating Engineers Local
Shift 1 $103.35 $155.03 $206.70 07/01/2025 06/31/2026 $45.71^ 3%^ #3(See Attached Agreement)
$106.45 $159.68 $212.91 07/01/2026 . 06/31/2027 $47.09^ 3%^
• January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 3 of 11
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates
shown reflect costs as per DIR
$69.97 $104.96 $139.95 01/01/2024 06/31/2024 $30.95^ 3%A determinations and negotiated
**Apprentice 1 $72.07 $108.11 $144.14 07/01/2024 06/31/2025 $31.88^ 3%A w#3tforOperating Engineers Local
PP3 for Apprentice-level
Shift 1 $74.23 $111.35 $148.47 07/01/2025 06/31/2026 $32.83^ 3%^ calculations on percentages
$76.46 $114.69 $152.92 07/01/2026 06/31/2027 $33.82^ 3%^ allocated by OE#3(See Attached
Agreement)
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates
shown reflect costs as per DIR
$76.33 $114.49 $152.65 01/01/2024 06/31/2024 $33.76^ 3%^ determinations and negotiated
**Apprentice Period 2 $78.62 $117.92 $157.23 07/01/2024 06/31/2025 $34.77^ 3%^ #3with forEngineers Local
PP for OperatingApprentice-level
Shift 1 $80.97 $121.46 $161.95 07/01/2025 06/31/2026 $35.82^ 3%^ calculations on percentages
$83.40 $125.10 $166.81 07/01/2026 06/31/2027 $36.89^ 3%^ allocated by OE#3(See Attached
Agreement
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates
shown reflect costs as per DIR
$82.70 $124.05 $165.40 01/01/2024 06/31/2024 $36.58^ 3%^ determinations and negotiated
**Apprenticewith Period 3 $85.18 $127.77 $170.36 07/01/2024 06/31/2025 $37.68^ 3%^ #3for Operating Engineers Local
.
for Apprentice-level
Shift 1 $57.74 $131.61 $175.48 07/01/2025 06/31/2026 $38.81^ 3%^ calculations on percentages
$90.37 $135.55 $180.74 07/01/2026 06/31/2027 $39.97^ 3%A allocated by OE#3(See Attached
Agreement)
January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 4 of 11
Hourly Range N/A
•
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates
shown reflect costs as per DIR
$89.05 $133.58 $178.11 01/01/2024 06/31/2024 $39.39^ 3%^ determinations and negotiated
**A rentice Period 4 $91.73 $137.59 $183.45 07/01/2024 06/31/2025 $40.57^ 3%^ with Operating Engineers Local
pp #3 for Apprentice-level
Shift 1 $94.48 $141.72 $188.95 07/01/2025 06/31/2026 $41.79^ 3%^ calculations on percentages
$97.31 $145.97 $194.62 07/01/2026 06/31/2027 $43.04^ 3%^ allocated by OE#3(See Attached
Agreement)
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates
shown reflect costs as per DIR
$108.14 $162.20 $216.27 01/01/2024 06/31/2024 $47.83^ 3%^ determinations and negotiated
**A rentice Period 5 $111.38 $167.07 $222.76 07/01/2024 06/31/2025 $49.26^ 3%^ wtthOperating Engineers Local
pP #3 for Apprentice-level
Shift 1 $114.72 $172.08 $229.44 07/01/2025 06/31/2026 $50.74^ 3%^ calculations on percentages
$118.16 $177.24 $236.33 07/01/2026 06/31/2027 $52.27^ 3%A allocated by OE#3(See Attached
Agreement)
(Add pages as necessary)
NOTES:
•
•
January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
•
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 5 of 11
Name/Job Title/Classification) Hourly Billing Rates2 Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range-
Straight3 OT(1.5x) OT(2x) From To Hourly Rate 4 Increase for Classifications Only
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates shown
$148.20 $222.30 $296.39 01/01/2024 06/31/2024 $65.55^ 3%^ reflect two hard costs as per DIR
**Journeyman Group 1 $152.64 $228.96 $305.29 07/01/2024 06/31/2025 $67.52^ 3%^ determinations and negotiated
with Operating Engineers Local
Shift 2 $157.22 $235.83 $314.45 07/01/2025 06/31/2026 $69.54^ 3%^ #3(See Attached Agreement)
• $161.94 $242.91 $323.88 07/01/2026 06/31/2027 $71.63^ 3%^
Hourly Range N/A
• ^Note 5:Adj.per year based on
CA Prevailing Wage.Rates shown
$143.11 $214.67 $286.22 01/01/2024 06/31/2024 $63.30^ 3%^ reflect two hard costs as per DIR
**Journeyman Group 2 ^ o ^ determinations and negotiated
Shift 2 $147.40 $221.11 $294.81 07/01/2024 06/31/2025 $65.20 3/o with Operating Engineers Local
$151.83 $227.74 $303.65 07/01/2025 06/31/2026 $67.15^ 3%^ #3(See Attached Agreement)
$156.38 $234.57 $312.76 07/01/2026 06/31/2027 $69.17^ • 3%^
Hourly Range N/A
**Journeyman Group 3 ^Note 5:Adj.per year based on
Shift 2 CA Prevailing Wage.Rates shown
$124.78 $187.16 $249.55 01/01/2024 06/31/2024 $55.19^ 3%^ reflect two hard costs as per DIR
$128.52 $192.78 $257.04 07/01/2024 06/31/2025 $56.85^ 3%^ determinations and negotiated
with Operating Engineers Local
$132.37 $198.56 $264.75 07/01/2025 06/31/2026 $58.55^ 3%^ #3(See Attached Agreement)
$136.35 $204.52 $272.69 07/01/2026 06/31/2027 $60.31^ 3%^
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates shown
$109.61 $164.41 $219.21 01/01/2024 06/31/2024 $48.48^ 3%^ reflect two hard costs as per DIR
**Journeyman Group 4 112.89 $169.34 $225.79 07/01/2024 06/31/2025 $49.93" 3%^ determinations and negotiated
with Operating Engineers Local
Shift 2 $116.28 $174.42 $232.56 07/01/2025 06/31/2026 $51.43^ 3%^ #3(See Attached Agreement)
$119.77 $179.65 $239.54 07/01/2026 06/31/2027 $52.98^ 3%A
January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 1O-H2 COST PROPOSAL Page 6 of 11
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates
shown reflect costs as per DIR
$78.72 $118.08 $157.44 01/01/2024 06/31/2024 $34.82^ 3%A determinations and negotiated
**Apprentice Period 1 $81.08 $121.63 $162.17 07/01/2024 06/31/2025 $35.86^ 3%A with Operating Engineers Local
PP #3 for Apprentice-level
Shift 2 $83.52 $125.27 $167.03 07/01/2025 06/31/2026 $36.94^ 3%^ calculations on percentages
$86.02 $129.03 $172.04 07/01/2026 06/31/2027 $38.05^ 3%^ allocated by OE#3(See Attached
Agreement)
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates
shown reflect costs as per DIR
$85.87 $128.80 $171.73 01/01/2024 06/31/2024 $37.98^ 3%^ determinations and negotiated
**Apprentice Period 2 $88.44 $132.66 $176.88 07/01/2024 06/31/2025 $39.12^ 3%^ with Operating Engineers Local
Pp #3 for Apprentice-level
Shift 2 $91.10 $136.64 $182.19 07/01/2025 06/31/2026 $40.29^ 3%^ calculations on percentages
$93.83 $140.74 $187.66 07/01/2026 06/31/2027 $41.50^ 3%^ allocated by OE#3(See Attached
Agreement)
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates
shown reflect costs as per DIR
$93.03 $139.55 $186.07 01/01/2024 06/31/2024 $41.15^ 3%^ determinations and negotiated
**Apprentice Period 3 $95.82 $143.74 $191.65 07/01/2024 06/31/2025 $42.38^ 3%^ #3with for Operating Engineers Local
pp for Apprentice-level
Shift 2 $98.70 $148.05 $197.40 07/01/2025 06/31/2026 $43.66^ 3%^ calculations on percentages
$101.66 $152.49 $203.32 07/01/2026 06/31/2027 $44.97^ 3%^ allocated by OE#3(See Attached
Agreement)
January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 7 of 11
Hourly Range N/A
^Note 5:Adj.per year based on
• CA Prevailing Wage.Rates
shown reflect costs as per DIR
$100.18 $150.27 $200.35 01/01/2024 06/31/2024 $44.31A 3%A determinations and negotiated
**Apprentice Period 4 $103.18 $154.77. $206.37 07/01/2024 06/31/2025 $45.64^ 3%A withOperating Engineers Local
PP #33
for for Apprentice-level
Shift 2 $106.28 $159.42 $212.56 07/01/2025 06/31/2026 $47.01^ 3%A calculations on percentages
$109.47 $164.20 $218.93 07/01/2026 06/31/2027 $48.42A 3%A allocated by OE#3(See Attached
Agreement)
•
•
Hourly Range N/A
^Note 5:Adj.per year based on
CA Prevailing Wage.Rates
shown reflect costs as per DIR
$121.66 $182.48 $243.31 01/01/2024 06/31/2024 $53.81^ 3%A determinations and negotiated
**Apprentice #3 for Period 5 $125.30 $187.96 $250.61 07/01/2024 06/31/2025 $55.42^ 3%A #3wi for Operating Engineers Local
Apprentice-level
Shift 2 $129.06 $193.60 $258.13 07/01/2025 06/31/2026 $57.09^ 3%A calculations on percentages
$132.94 $199.40 $265.87 07/01/2026 06/31/2027 $58.80^ 3%A allocated by OE#3(See Attached
Agreement)
(Add pages as necessary)
NOTES: •
•
•
January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 8 of 11
SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant RMA Group $1 Prime Consultant O Subconsultant
Project No. To Be Determined Contract No. To Be Determined Date February 26, 2024
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
Description of Item Quantity Unit Unit Cost Total
Laboratory Tests-Asphalt/Other Tests Shown on Firm's Fee Schedule(Attached)
AASHTO T275 Core Density Paraffin Coated TBD each $75.00 TBD
AASHTO T312/T275 LTMD Gyratory Compactor TBD each $395.00 TBD
AASHTO T308 Asphalt Content by Ignition TBD each $325.00 TBD
AASHTO T209 Theoretical Maximum Density TBD each $335.00 TBD
AASHTO T308A AC Correction Factor _ TBD each $550.00 TBD
Laboratory Tests-Aggregates/Other Tests Shown on Firm's Fee Schedule(Attached)
ASTM D4791 Flat and Elongated Particles TBD each $365.00 TBD
AASHTO T96 Abrasion,Los Angeles Rattler TBD each $375.00 TBD
AASHTO T27 Sieve Analysis, Combined Agg TBD each $290.00 TBD
ASSHTO T27 Sieve Analysis,Fine Agg TBD each $285.00 TBD
AASHTO T27 Sieve Analysis, Course Agg TBD each $255.00 TBD
AASHTO T176 Sand Equivalent TBD each $180.00 TBD
AASHTO T335 Percent Fractured Particles TBD each $255.00 TBD
Laboratory Tests-Concrete/Other Tests Shown on Firm's Fee Schedule(Attached)
ASTM C39 Concrete Cyl Cured or Tested TBD each $50.00 TBD
ASTM C78 Flexural Strength,Beam TBD each $135.00 .TBD
ASTM D4832 Compressive Strength CLSM TBD each $60.00 TBD
CT524 RSC-Flexural Strength TBD each $135.00 TBD
Subconsultant: TBD based on Contract(ODCs)
Note:Add additional pages if necessary.
NOTES:
1. List other direct cost items with estimated costs.These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose,in like circumstance,should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling,will be reimbursed at actual cost with supporting documentation(invoice).
5. Items listed above that would be considered"tools of the trade"are not reimbursable as other direct cost.
January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 9 of 11
SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant RMA Group ® Prime Consultant ❑ Subconsultant
Project No. To Be Determined Contract No. To Be Determined_ Date February 26, 2024
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
Description of Item Quantity Unit Unit Cost Total
Laboratory Tests-Soil/Other Tests Shown on Firm's Fee Schedule(Attached)
ASTM D1557 Max Density Optimum Moisture TBD each $350.00 TBD
ASTM D2844 R-Value&Expansive Pressures TBD each $450.00 TBD
ASTM D2419 Sand Equivalent TBD each $175.00 TBD
ASTM D422 Sieve Analysis of Soil TBD each $260.00 TBD
Laboratory Tests-Caltrans/Other Tests Shown on Firm's Fee Schedule(Attached)
CT202 Sieve Analysis, Combined Agg TBD each $275.00 TBD
CT202 Sieve Analysis,Fine Agg TBD each $265.00 TBD
CT202 Sieve Analysis, Course Agg TBD each $255.00 TBD
CT208 Apparent Specific Gravity of Fines TBD each $190.00 TBD
CT229 Durability Index TBD each $375.00 TBD
CT211 Abrasion,Los Angeles Rattler TBD each $375.00 TBD
CT227 Cleanness Value TBD each $280.00 TBD
CT226 Moisture Content by Oven Drying TBD each _ $45.00 TBD
CT217 Sand Equivalent TBD each $190.00 TBD
CT521 Concrete Cyl Compressive Strength .TBD each $50.00 TBD I
CT523 Concrete Flexual Strength,Beam TBD each $135.00 TBD
CT216 CA Impact Max Density TBD each 325.00 TBD
CT216 CA Impact,Rock Correction TBD each $95.00 TBD
CT301 Resistance R-Value Stabilometer TBD each $450.00 TBD
Subconsultant: TBD based on Contract(ODCs)
Note:Add additional pages if necessary.
NOTES:
1. List other direct cost items with estimated costs.These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose,in like circumstance,should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling,will be reimbursed at actual cost with supporting documentation(invoice).
5. Items listed above that would be considered"tools of the trade"are not reimbursable as other direct cost.
January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 10 of 11
SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant RMA Group [X Prime Consultant O Subconsultant
Project No. To Be Determined Contract No. To Be Determined Date February 26, 2024
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
Description of Item Quantity Unit Unit Cost Total
Equipment Charges
Diamond Bit Core Rig and Generator TBD DAY $450.00 TBD
Nuclear Density Test Gauge TBD DAY $75.00 TBD
Other HMA
AASHTO T329 HMA Moisture TBD each $110.00 TBD
AASHTO T255 Aggregate Moisture TBD each $45.00 TBD
CT389 Hamburg Wheel Track TBD each $950.00 TBD
Subconsultant: TBD based on Contract(ODCs)
Note:Add additional pages if necessary.
NOTES:
1. List other direct cost items with estimated costs.These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose,in like circumstance,should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling,will be reimbursed at actual cost with supporting documentation(invoice).
5. Items listed above that would be considered"tools of the trade"are not reimbursable as other direct cost.
January 2020
Local Assistance Procedures Manual EXHBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 11 of 11
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the
cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in
accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
•
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172-Procurement, Management, and
Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when
applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must
be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: it :' i• Title *: Vice President
Signature : JI a Date of Certification(mm/dd/yyyy): 02/26/2024
Email: 'bis o s # mnacom.anies.com Phone Number: 916.631.7194
_r
Address: 3150 Fitzgerald Road,Rancho Cordova. CA 95742
* An individual executive or financial officer of the consultant's or subconsultant's organization
at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has
authority to represent the financial information utilized to establish the cost proposal for the
contract.
List services the consultant is providing under the proposed contract:
Materials testing and construction inspection of materials used,typical of on-call contracts for roadway,
transportation and infrastructure projects.
January 2020
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
d. loan
c. post-award
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:
ElPrime . n Subawardee '
Tier ,if known
Congressional District,if known Congressional District,if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
None • CFDA Number,if applicable None
8. Federal Action Number,if known: 9. Award Amount,if known:
None None
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)
None
(attach Continuation Sheet(s)if necessary)
12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply)
$ 0 ❑ actual ❑planned a. retainer
b. one-time fee
13. Form of Payment(check-all that apply): c. commission
gl,
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:
None
(attach Continuation Sheet(s)if necessary)
16. Continuation Sheet(s)attached: Yes 0 No ❑✓
17.Information requested through this form is authorized by Title ,p
31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature: .1 1-a.i t1.aw, S— J
was placed by the tier above when his transaction was made or
entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: Fiaitham Dawood
1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any En meerin Manager person who fails to file the required disclosure shall be subject Title: 9 9 9
to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure. Telephone No.: 916.631.7194 Date:6/6/24
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(M1).
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-U
Consultant Management Conflict of Interest Statement
EXHIBIT 10-U CONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND
CONFIDENTIALITY STATEMENT1
RFP/RFQ PROCUREMENT NUMBERS(if applicable):8923999
PROJECT NAME(and FPN,if applicable)2: On-Call Material Testing Services,City of Campbell
APPLICABILITY:To be filled out by local agency consultants in management support role.
m I am an employee of a consultant under contract to the local agency that is responsible for the
procuring and administering of one or more consultant contracts containing either Federal or
State funds.
❑ I am in a management position with the local agency,my title is listed below and I have
attached my duty statement and scope of work.
m I hereby certify as follows:
1. I recuse myself from all potential conflicts of interest.
2. I will not directly or indirectly participate in, manage, or oversee any consultant
selection procurement process in which the consulting firm of which I am employed is
competing as a consultant or subconsultant.
3. I will not directly or indirectly influence any employee, staff member, or other
individual participating in any consultant selection procurement process in which the
consulting firm of which I am employed is as a consultant or subconsultant.
4. I will not directly or indirectly participate in, manage, or oversee any local agency
contract that is with the consulting firm of which I am employed,regardless of whether
the involvement of my employer in the contract is as a consultant or subconsultant.
Among other things,this includes my not being involved in approving changes in the
schedule,scope,deliverables or invoices.
5. I understand that if I am involved in any local agency contract that is with the consulting
firm of which I am employed,in violation of 1.or 2.above,that local agency contract
will no longer be eligible for Federal or State reimbursement because of my
involvement.
® I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5)
m I fully understand that it is unlawful for a person to utilize any organization name(i.e. local
agency)or auxiliary organization information,which is not a matter of public record,for
personal gain.
Each consultant staff working in a management support role shall complete a separate form.
2 For on-call contracts or contracts for multiple projects,indicate accordingly.
Page 1 of 3
January 2018
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
❑✓ I have read and fully understand all of the above.
06/10/2024
Date: Signature:
Name: Haitham Dawood
Title: Engineering Manager
Consultant Firm/Sole Proprietor: RMA Group,an RMA Company
REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY
REPRESENTATIVE
I have reviewed the foregoing"Conflict of Interest and Confidentiality Statement"and will ensure:
❑ That the foregoing named local agency consultant who is under contract and in a management
support role with our local agency,abides by the foregoing terms and conditions;
❑ That should the foregoing named local agency consultant,who is under contract and in a
management support role with our local agency,violate any of the foregoing terms and
conditions,the Caltrans DLAE will be notified and such violation will be considered a breach
of ethics and could be a basis for ineligibility of State or Federal project funds.
❑ The procedures followed to procure and execute the contract,between the local agency and the
consulting firm of which I am employed,comply with all federal and state requirements.Also
this contract has a specific date from to
Date: Signature:
Name:
Title:
Department!Local Agency:
Page 2 of 3
January 2018
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
I have reviewed the foregoing"Conflict of Interest and Confidentiality Statement"and
supervisor's statement.
❑ I concur that the consultant,who is under contract and in a management support role with the
local agency,does not appear to present a conflict of interest.The local agency and the
consultant should be considered eligible for federal reimbursement.
❑ I do not concur as I believe that the consultant,who is under contract and in a management
support role with the local agency,does appear to present a conflict of interest.
Date: Signature:
Name:
Position:
Distribution: 1)Copy to:DLAE for each Federal/State funded project
2)Copy to be returned to Local Agency by DLAE with FHWA approval
Page 3 of 3
January 2018
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
EXHIBIT 10-U CONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND
CONFIDENTIALITY STATEMENT)
RFP/RFQ PROCUREMENT NUMBERS(if applicable):8923999
PROJECT NAME(and FPN,if applicable)2: On-Call Material Testing Services,City of Campbell
APPLICABILITY:To be filled out by local agency consultants in management support role.
m I am an employee of a consultant under contract to the local agency that is responsible for the
procuring and administering of one or more consultant contracts containing either Federal or
State funds..
❑ I am in a management position with the local agency,my title is listed below and I have
attached my duty statement and scope of work.
m I hereby certify as follows:
1. I recuse myself from all potential conflicts of interest.
2. I will not directly or indirectly participate in, manage, or oversee any consultant
selection procurement process in which the consulting firm of which I am employed is
competing as a consultant or subconsultant.
3. I will not directly or indirectly influence any employee, staff member, or other
individual participating in any consultant selection procurement process in which the
consulting firm of which I am employed is as a consultant or subconsultant.
4. I will not directly or indirectly participate in, manage, or oversee any local agency
contract that is with the consulting firm of which I am employed,regardless of whether
the involvement of my employer in the contract is as a consultant or subconsultant.
Among other things, this includes my not being involved in approving changes in the
schedule,scope,deliverables or invoices.
5. I understand that if I am involved in any local agency contract that is with the consulting
'firm of which I am employed,in violation of 1.or 2. above,that local agency contract
will no longer be eligible for Federal or State reimbursement because of my
involvement.
❑ I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5)
m I fully understand that it is unlawful for a person to utilize any organization name(i.e. local
agency)or auxiliary organization information,which is not a matter of public record,for
personal gain.
'Each consultant staff working in a management support role shall complete a separate form.
2 For on-call contracts or contracts for multiple projects,indicate accordingly.
Page 1 of3
January 2018
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
✓❑ I have read and fully understand all of the above.
Date: 06/10/2024 Signature:
Name: Jim Bi op
President-Northwest Division
Title:
Consultant Firm/Sole Proprietor: RMA Group,an RMA Company
REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY
REPRESENTATIVE
I have reviewed the foregoing"Conflict of Interest and Confidentiality Statement"and will ensure:
❑ That the foregoing named local agency consultant who is under contract and in a management
support role with our local agency,abides by the foregoing terms and conditions;
❑ That should the foregoing named local agency consultant,who is under contract and in a
management support role with our local agency,violate any of the foregoing terms and
conditions,the Caltrans DLAE will be notified and such violation will be considered a breach
of ethics and could be a basis for ineligibility of State or Federal project funds.
❑ The procedures followed to procure and execute the contract,between the local agency and the
consulting firm of which I am employed,comply with all federal and state requirements.Also
this contract has a specific date from to
Date: Signature:
Name:
Title:
Department/Local Agency:
Page 2 of 3
January 2018
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
I have reviewed the foregoing"Conflict of Interest and Confidentiality Statement"and
supervisor's statement.
❑ I concur that the consultant,who is under contract and in a management support role with the
local agency,does not appear to present a conflict of interest.The local agency and the
consultant should be considered eligible for federal reimbursement.
❑ I do not concur as I believe that the consultant,who is under contract and in a management
support role with the local agency,does appear to present a conflict of interest.
Date: Signature:
Name:
Position:
Distribution: 1)Copy to:DLAE for each Federal/State funded project
2)Copy to be returned to Local Agency by DLAE with FHWA approval
Page 3 of 3
January 2018
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
EXHIBIT 10-U CONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND
CONFIDENTIALITY STATEMENT'
RFP/RFQ PROCUREMENT NUMBERS(if applicable):8923999
PROJECT NAME(and FPN,if applicable)2:On-Call Material Testing Services,City of Campbell
APPLICABILITY:To be filled out by local agency consultants in management support role.
m I am an employee of a consultant under contract to the local agency that is responsible for the
procuring and administering of one or more consultant contracts containing either Federal or
State funds.
❑ I am in a management position with the local agency,my title is listed below and I have
attached my duty statement and scope of work.
m I hereby certify as follows:
1. I recuse myself from all potential conflicts of interest.
2. I will not directly or indirectly participate in, manage, or oversee any consultant
selection procurement process in which the consulting firm of which I am employed is
competing as a consultant or subconsultant.
3. I will not directly or indirectly influence any employee, staff member, or other
individual participating in any consultant selection procurement process in which the
consulting firm of which I am employed is as a consultant or subconsultant. -
4. I will not directly or indirectly participate in, manage, or oversee any local agency
contract that is with the consulting firm of which I am employed,regardless of whether.
the involvement of my employer in the contract is as a consultant or subconsultant.
Among other things,this includes my not being involved in approving changes in the
schedule,scope,deliverables or invoices.
5. I understand that if I am involved in any local agency contract that is with the consulting
firm of which I am employed, in violation of 1.or 2.above,that local agency contract
will no longer be eligible for Federal or State reimbursement because of my
involvement.
m I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5)
m I fully understand that it is unlawful for a person to utilize any organization name(i.e.local -
agency)or auxiliary organization information,which is not a matter of public record,for
personal gain.
r Each consultant staff working in a management support role shall complete a separate form.
2 For on-call contracts or contracts for multiple projects,indicate accordingly.
Page 1 of 3
January 2018
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
❑✓ I have read and fully understand all of the above.
f _
06/10/2024
Date: Signature:/ i c
Name: r4t6 t Lowrance
Project Manager
Title:
Consultant Firm/Sole Proprietor:
RMA Group,an RMA Company
REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY
REPRESENTATIVE
I have reviewed the foregoing"Conflict of Interest and Confidentiality Statement"and will ensure:
❑ That the foregoing named local agency consultant who is under contract and in a management
support role with our local agency,abides by the foregoing terms and conditions;
❑ That should the foregoing named local agency consultant,who is under contract and in a
management support role with our local agency,violate any of the foregoing terms and
conditions,the Caltrans DLAE will be notified and such violation will be considered a breach
of ethics and could be a basis for ineligibility of State or Federal project funds.
❑ The-procedures followed to procure and execute the contract,between the local agency and the
consulting firm of which I am employed,comply with all federal and state requirements.Also
this contract has a specific date from to .
Date: Signature:
Name:
Title:
Department/Local Agency:
Page 2 of 3
January 2018
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
I have reviewed the foregoing"Conflict of Interest and Confidentiality Statement"and
supervisor's statement.
❑ I concur that the consultant,who is under contract and in a management support role with the
local agency,does not appear to present a conflict of interest.The local agency and the
consultant should be considered eligible for federal reimbursement.
I do not concur-as I believe that the consultant,who is under contract and in a management
support role with the local agency,does appear to present a conflict of interest.
Date: Signature:
Name:
Position:
Distribution; 1)Copy to:DLAE for each Federal/State funded project
2)Copy to be returned to Local Agency by DLAE with FHWA approval
Page 3 of 3
January 2018