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AMENDMENT NO. 1
TO THE
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
WILLDAN ENGINEERING
In accordance with the "Agreement for Services" dated April 24, 2024, (referred to as the
"Agreement"), by and between the City of Cathedral City, a municipal corporation ("City")
and Willdan Engineering, a California corporation ("Consultant"), and in accordance with
Section 28 of the Agreement, entitled, "Amendments", this Amendment Number One (1)
to the Agreement is made and entered into this 14th day of August 2024, ("Effective Date").
RECITALS
A. City and Consultant entered into an Agreement for Services to provide on-call
engineering support and grant administration services for state and federal funded
transportation projects, initially approved by the City Council on April 24, 2024.
B. The Agreement is subject to certain contract requirements identified in the Caltrans
Local Assistance Procedure Manual (LAPM). Amendment No. 1 includes all the latest
Caltrans LAPM provisions.
C. The parties wish to amend the Agreement for the first time to: (1) incorporate current
Caltrans LAPM requirements for professional design services agreements.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
Section 1. The foregoing Recitals are true, correct, and incorporated by this reference
herein as material terms relied upon by the Parties in agreeing to and executing this
Amendment No. 1.
Section 2. The following Articles from Caltrans LAPM provisions will be amended into
the agreement:
"As used throughout the Addendum 1, LOCAL AGENCY shall mean City.
ARTICLE II CONSULTANT'S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report
should be sufficiently detailed for the LOCAL AGENCY's Contract Administrator to
determine, if CONSULTANT is performing to expectations, or is on schedule; to
provide communication of interim findings, and to sufficiently address any difficulties
or special problems encountered, so remedies can be developed.
B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract
Administrator, as needed, to discuss progress on the AGREEMENT.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on April 24, 2024, contingent upon approval
by LOCAL AGENCY, and CONSULTANT shall commence work after notification to
proceed by LOCAL AGENCY'S Contract Administrator. The AGREEMENT shall end
on May 24, 2025, unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not
binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved
by LOCAL AGENCY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on lump sum. The total
lump sum price paid to CONSULTANT will include compensation for all work and
deliverables, including travel and equipment described in Exhibit A Scope of
Services. No additional compensation will be paid to CONSULTANT, unless there is
a change in the scope of the work or the scope of the project. In the instance of a
change in the scope of work or scope of the project, adjustment to the total lump
sum compensation will be negotiated between CONSULTANT and LOCAL
AGENCY. Adjustment in the total lump sum compensation will not be effective until
authorized by AGREEMENT amendment and approved by LOCAL AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of
work completed by CONSULTANT. If CONSULTANT fails to submit the required
deliverable items according to the schedule set forth in Exhibit A Scope of Services,
LOCAL AGENCY shall have the right to delay payment or terminate this
AGREEMENT in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this
AGREEMENT has been approved by LOCAL AGENCY and notification to proceed
has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be
made prior to approval of any work, or for any work performed prior to approval of
this AGREEMENT.
D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL
AGENCY'S Contract Administrator of itemized invoices in duplicate. Invoices shall
be submitted no later than thirty (30) calendar days after the performance of work
for which CONSULTANT is billing. Invoices shall detail the work performed on each
milestone, on each project as applicable. Invoices shall follow the format stipulated
for the approved Cost Proposal and shall reference this AGREEMENT number and
project title. Final invoice must contain the final cost and all credits due LOCAL
AGENCY that include any equipment purchased under the provisions of Article XI
Equipment Purchase. The final invoice must be submitted within sixty (60) calendar
days after completion of CONSULTANT's work unless a later date is approved by
the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY's Contract
Administrator at the following email addresses:
Le h drnl it ,g V, trnts s lcl th drdl i.t .
E. The total amount payable by LOCAL AGENCY shall not exceed One Hundred Four
Thousand Fourteen Dollars $j104„014).
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.
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost
to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered
by certified mail, return receipt requested) of temporary suspension. If LOCAL
AGENCY gives such notice of temporary suspension, CONSULTANT shall
immediately suspend its activities under this AGREEMENT.A temporary suspension
may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be
relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of
any breach of this AGREEMENT by CONSULTANT, and City may withhold any
payments due to CONSULTANT until such time as the exact amount of damages, if
any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in
this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work,
including but not limited to, reports, investigations, appraisals, inventories, studies,
analyses, drawings and data estimates performed to that date, whether completed
or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and
Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance
with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are
determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200
are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an
Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the
CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books,
documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate
workpapers, and other evidence pertaining to the performance of the AGREEMENT
including, but not limited to, the costs of administering the AGREEMENT. All parties,
including the CONSULTANT's Independent CPA, shall make such workpapers and
materials available at their respective offices at all reasonable times during the
AGREEMENT period and for three (3) years from the date of final payment under the
AGREEMENT and records for real property and equipment acquired with federal
funds must be retained for three (3) years after final disposition. LOCAL AGENCY,
Ca!trans 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).
10AI, 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 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 within three (3) months of the effective date
of the management letter. IOAI will then have up to six (6) months to
review the CONSULTANT's and/or the independent CPA's revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E,
or if IOAI is still unable to issue a cognizant approval letter after the revised
independent CPA audited ICR is submitted, overhead cost reimbursement
will be limited to the accepted ICR that was established upon initial rejection
of the ICR and set forth in paragraph E.1. above for all rendered services.
In this event, this accepted ICR will become the actual and final ICR for
reimbursement purposes under this AGREEMENT.
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) 10A1 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.
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. The LOCAL AGENCY shall designate one of the
methods below in the contract to ensure prompt and full payment of any retainage
kept by CONSULTANT or subconsultant to a subconsultant.
Method 1: 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. 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.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES
A. Prior authorization in writing by LOCAL AGENCY's Contract Administrator shall
be required before CONSULTANT enters into any unbudgeted purchase order,
or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment,
or CONSULTANT services. CONSULTANT shall provide an evaluation of the
necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in
CONSULTANT's approved Cost Proposal and exceeding five thousand dollars
($5,000), with prior authorization by LOCAL AGENCY's Contract Administrator,
three competitive quotations must be submitted with the request, or the absence
of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this
AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years
and an acquisition cost of five thousand dollars ($5,000) or more. If the
purchased equipment needs replacement and is sold or traded in, LOCAL
AGENCY shall receive a proper refund or credit at the conclusion of the
AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may
either keep the equipment and credit LOCAL AGENCY in an amount equal to
its fair market value, or sell such equipment at the best price obtainable at a
public or private sale, in accordance with established LOCAL AGENCY
procedures; and credit LOCAL AGENCY in an amount equal to the sales price.
If CONSULTANT elects to keep the equipment, fair market value shall be
determined at CONSULTANT's expense, on the basis of a competent
independent appraisal of such equipment. Appraisals shall be obtained from
an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT,
if it is determined to sell the equipment, the terms and conditions of such sale
must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR 200 requires a credit to Federal funds when participating
equipment with a fair market value greater than five thousand dollars ($5,000)
is credited to the project.
ARTICLE 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://dalca.goviprogramsiconstructionilabor-
ompliance). 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://vvww.dirca. ov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified
payroll records and supporting documents as mandated by Labor Code
§1776 and as defined in 8 CCR§16000 showing the name, address, social
security number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by the
CONSULTANT or Subconsultant in connection with the public work. Each
payroll record shall contain or be verified by a written declaration that it is
made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code §1771,
§1811,and
§1815 for any work performed by his or her employees on the public works
project.
2. The payroll records enumerated under paragraph (1) above shall be certified
as correct by the CONSULTANT under penalty of perjury. The payroll records
and all supporting documents shall be made available for inspection and
copying by 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, within five (5) working days, provide a notice of a
change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in
which to comply subsequent to receipt of written notice requesting the
records enumerated in paragraph (1) above. In the event the CONSULTANT
or Subconsultant fails to comply within the ten (10) day period, he or she
shall, as a penalty to 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 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
Su bconsulta nt.
c. Upon becoming aware of the Subconsultant's failure to pay the
specified prevailing rate of wages to the Subconsultant's workers, the
CONSULTANT shall diligently take corrective action to halt or rectify
the failure, including but not limited to, retaining sufficient funds due the
Subconsultant for work performed on the public works project.
d. Prior to making final payment to the Subconsultant for work performed
on the public works 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. ovidasi, 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 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, or potential conflicts of interest that may exist relative to the services to
be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise
LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may
develop subsequent to the date of 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 Form-
LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by 31 U.S.C. §1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than ten thousand dollars ($10,000) and not
more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall
require that the language of this certification be included in all lower tier
subagreements, which exceed one hundred thousand dollars ($100,000), and
that all such subrecipients shall certify and disclose accordingly.
ARTICLE 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.
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
(httos://sangovicontentihome) maintained 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 hlks://dotca.oviprogramsicivil-rightsidbe-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.
60 percent counts if the materials or supplies are purchased from a DBE
regular dealer.
Only fees, commissions,and charges for assistance in the procurement and
delivery of materials or supplies count if obtained from a DBE that is neither
a manufacturer nor regular dealer. 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 10%. 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, CONSULTANT 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 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(4
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.
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:
• 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 work identified 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 -tiersubconsultant
• Name and business address of each DBE subconsultant, DBE vendor,
and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit
9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work
performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify
CONSULTANT in writing of the decertification date. If a business becomes a certified
DBE before completing its work, the business must notify CONSULTANT in writing of
the certification date. CONSULTANT shall submit the notifications to the LOCAL
AGENCY. On work completion, CONSULTANT shall complete 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
• 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.
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 the total cost of its AGREEMENT with its own work force, or the DBE
subcontracts a greater portion of the work of the AGREEMENT than would be
expected on the basis of normal industry practice for the type of work involved, it
will be presumed that it is not 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. For projects awarded on or after March 1, 2020, but before September 1, 2023:
after submitting an invoice for reimbursement that includes a payment to a DBE,
but no later than the 10th of the following month, the prime contractor/consultant
must complete and email Exhibit 9-F: Disadvantaged Business Enterprise
Running Tally of Payments to business.supportunit Aotra.gov with a copy to
local administering agencies.
For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer
required. Instead, by the 15th of the month following the month of any payment(s),
the CONSULTANT must now 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 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.
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 City Manager and 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 this AGREEMENT.
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.
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.
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-
OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the
initiation of any practices, work, method, operation, or process related to the
construction or excavation of trenches which are five (5) feet or deeper.
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 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 made available 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.
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
For projects awarded on or after September 1, 2023: the CONSULTANT must
now 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
U F®F r s cbdot.caA ov before the end of the month after receiving the Exhibit
9-P from the CONSULTANT.
ARTICLE XXXII 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, Code of Federal Regulations, Part 21, as they may
be amended from time to time, (hereinafter referred to as the REGULATIONS),
which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it
during the AGREEMENT, shall not discriminate on the grounds of race, color,
sex, national origin,religion, age, or disability in the selection and retention of
sub-applicants, including procurements of materials and leases of equipment.
CONSULTANT shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the agreement covers a program set forth in
Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation
made by CONSULTANT for work to be performed under a Sub- agreement,
including procurements of materials or leases of equipment, each potential
sub-applicant or supplier shall be notified by CONSULTANT of the
CONSULTANT'S obligations under this Agreement and the Regulations
relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and
reports required by the Regulations, or directives issued pursuant thereto, and
shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the recipient or FHWA
to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive
possession of another who fails or refuses to furnish this information,
CONSULTANT shall so certify to the recipient or FHWA as appropriate, and
shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT's
noncompliance with the nondiscrimination provisions of this agreement,
the recipient shall impose such agreement sanctions as it or the FHWA
may determine to be appropriate, including, but not limited to:
F. 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 pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or
procurement as the recipient or FHWA may direct as a means of enforcing
such provisions including sanctions for noncompliance, provided, however,
that, in the event CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-applicant or supplier as a result of such direction,
CONSULTANT may request the recipient enter into such litigation to protect
the interests of the State, and, in addition, CONSULTANT may request the
United States to enter into such litigation to protect the interests of the United
States.
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, orsex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the
scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act
of 1973, by expanding the definition of the terms "programs or activities" to
include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally
funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit
discrimination of the basis of disability in the operation of public
entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 —
12189) as implemented by Department of Transportation regulations
49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
• 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).
Section 3. Except as specifically amended by this Amendment No.1, the remaining
terms of the Agreement shall remain in full force and effect. In the event of a conflict
between the provisions of this Amendment No. 1 and the provisions of the Agreement,
the provisions of this Amendment No. 1 shall control.
SUMMARY:
Amendment No. 'I added latest Caltrans provisions identified in the LAPM for professional
design services.
partiesIN ITNESS HEREOF, the
executed as of the date first r .
illdan Engineering
wrw
By: Charles P. McClendon
City er
ATTEST:
e em'Cf4;//:e.
By: Tracey kl Hermosillo, CMG By:
City Clerk 1<// , r /
By: Eric S. Vail
City Attorrfey
HI=IT
SCOP OF SE-VICES
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with regulatory agency permitting requirements and environmental,design,and construction procedures
and requirements for capital improvement and private land development projects. Although each project
may encompass different components and requirements,the general process remains the same—
following the Greenbook and Caltrans Local Assistance Procedures Manual(LAPM).We are experts in
meeting and guiding projects to pass Caltrans requirements.
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Construction Management Approach
Willdan provides expertise in all areas of construction management,inspection, labor compliance,
material testing, and community relations with residents and businesses affected by construction.Our
experienced team members serve as construction managers, resident engineers, and inspectors and
provide significant insight for identifying and correcting discrepancies, ambiguities,omissions,or conflicts
in contract documents that could generate misinterpretation andfor disagreements between the City and
the contractor.
Willdan has experience in managing projects that span ADA improvements,street improvements,traffic
marking, pavement rehabilitation,water,wastewater,stormwater,landscaping, irrigation,parks,traffic
signal,and lighting improvements,and has experience in best practices to avoid potential conflicts and
avoid or mitigate any hazards during construction.Our goal is to anticipate or diminish potential problems
before they arise through continual review of project plans,specifications,contractor's schedule,and
other contract documents. Below is a basic overview of the Construction Management process for a
typical construction project.
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Our team is adept at:
• Anticipating job site problems
al Calling job site problems to the project manager's andfor contractor's attention
• Offering constructive recommendations and achieving cooperation from the contractor
s Dealing with issues in a professional,straightforward fashion
• Managing Caltrans administered projects
Our approach to issue resolution is to:
• Obtain and document the facts surrounding the issue
s Develop reasonable solutions in conjunction with the contractor and City project manager
4t Respond quickly and effectively so that job progress and quality do not suffer
Through close communication with the City's project staff, timely corrective action is taken to alleviate
potential adverse impacts of work progress,costly change orders,and construction claims.
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43‘" ;
Project Administration
Our construction management services focus on coordination,review,tracking, reporting,and field
inspections to ensure the work quality is in compliance with LAPM requirements, City standards and the
contract documents.Chits Baca will serve as Wilidan's project manager. Chris will work with our
proposed construction manager and public works to work proactively in assisting the general contractor's
construction efforts and maintain fluid channels of communication with Willdan's construction services
team.Our team's goal is to technically support the construction effort and the efforts of the City in
achieving a successful completion with minimum complications. Initial project administration protocols
include:
• Construction document review for constructability
• Preconstruction meeting with the contractor, City representatives, designer, and others deemed
necessary by the City or Wil!den
Once construction has begun,Wil!den will:
* Review and monitor the work as it is constructed, along with supporting documentation which
establishes the technical adequacy of the construction, the timely schedule of Implementation, and
the budget.
• Track the progress and quality of construction.
a Log and process submittals, RFIs, RFCs,and CCOs.
• Track labor and equipment
* Review and assist with resolution of all technical data and issues.
• Provide daily and weekly reports to the City on construction progress and technical and economic
parameters.
* Monitor construction file for conformance with applicable LAPM requirements.
Willdan's team is unique in that it is structured as an integrated unit with close communication between
team members and interlocking responsibilities that provide good coverage of all elements of construction
engineering,while at the same time having minimal overlap of duties to avoid misunderstandings of
assigned responsibilities and reduce costs.This structure provides a natural quality assurance/control
system for the team. Chris Is the base for any decisions and provides assignment of specific duties daily,
while monitoring the success of their fulfillment. He has specific administrative duties,which include
review of field activities. He will institute a system of periodic reviews of the field file for conformance with
Wilidan's in-house filing system.
• -tailed Breakdo
Below is Wilidan's comprehensive approach to providing the City's requested services.
Co strucr#n Renag ent 5. Prepare special concerns to be presented at
1. Review plans,specifications,and all other preconstruction conference.
contract-and construction-related 6. Conduct preconstruction meeting,prepare
documents, including grant requirements. meeting minutes,and distribute to
2. Assist City with public awareness and attendees.
information program to keep residents and 7. Review contractor's safety program in
local stakeholders advised of project status consultation with City staff.
along with impacts to traffic flow circulation, 8. Through Willdan's system of project control,
including answering public's questions about monitor activities related to project such that
project. project is constructed in timely fashion
3. Prepare construction file,including t pursuant to contract documents.
establishment of document control systems. 9. Log,track,and process submittals, RFis,
A copy of Willdan's construction file checklist releases for construction (RFCs),contract
can be provided upon request. change orders (CCOs),field directives,
4. Ensure contractor distributes public notices of proposed change (NOPCs),non-
construction notices and places construction conformance reports(NCRs),construction
and information signs. schedule,and detailed traffic control plan.
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is ls. ut \.r4t l \�o, .:.s ,r :.' ` :;1 \ M1S t yd.,.,laulvA�lv.i t1w.,y, a:•u aw) ilr,nf,.;e,v\j11r� rat d
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. •r. �"' ,.10. Closely review schedule and advise review job progress,scheduling,and
contractor to take action on schedule coordination.
slippage. 23. Perform quantity,time,and cost analyses
11. Document contractor's 20-day notices, required for negotiation of contract changes.
mechanic's liens,and stop notices. 24. Negotiate and prepare change orders,
12. Assume responsibility for coordination with including memorandum of explanation and
inspection staff and City staff. cost estimates,to substantiate change order
13. Monitor and coordinate activities of design and send to City for review.
engineering support,surveying,testing,and 25. Monitor and perform immediate and
work by utilities or other agencies, thorough analysis of validity of all potential
14. Coordinate contractor's field work with utility claims that arise.
companies and other agencies. 26. Maintain all data for change orders and
15. Prepare weekly statement of working days record information about time of dispute,
and submit to contractor and City. time of notification by contractor,and action
16. Establish and conduct weekly construction taken by inspector.
progress meetings to: 27. Monitor materials documentation and testing
a. Resolve all old business issues to results and enforce corrections.
maximum extent possible 28. Review for approval contractor's progress
b. Address all items of new business as payment requests, including verifying LAPM
presented by any party compliance status and impact on payment;
c. Review project schedule and address negotiate differences over amount with
any deviations contractor;and process payments through
d. Review submittal log in terms of items City's Project Manager.
29
needed and resubmittals required and 29. Monitor preparation of punch list at
review RFI, RFC,CCO, NCR,and substantial completion and follow up.
NOPC I ' 30. Routinely review construction files to ensure
conformance to City standards and
e. List status of construction items recently construction management practices.good
undertaken or ongoing
f. List planned construction items for next 31. Ensure City receives as-built set of drawings
two weeks(two-week look ahead at completion.
schedule) 32. Assist City with stop notices and release of
g. Review SWPPP issues retention.
h. Review contractor's safety program 33. Provide memorandum of clearance to issue
17. Prepare minutes for weekly construction "�' of completion.
progress meeting. 34. Finalize and deliver all construction files and
18. Coordinate with the City's labor compliance supplies to City for their records.
Laboconsultant to ensure compliance with state r c i un
code on labor compliance. 1. Verify applicable wage determination ten
19. Provide claims mitigation monitoring, (10)days prior to bid opening;document
including proactively applying foresight to verification as required. if wage
discover unforeseen conflicts prior to determination has changed from what
contractor encounter. appears in project specifications, provide
20. Evaluate and respond to contractor's addendum and proof of receipt by plan
requests for clarification of plans and holders.
specifications. 2. Verify eligibility of selected contractor and its
21. Ensure that all questions,conflicts, and subcontractors to receive contract awards
issues are immediately brought to City's by confirming current,active license status
attention and addressed with appropriate with Contractors State License Board;
directives to contractor, current registration with California
22. Conduct special site meetings,when Department of Industrial Relations;current,
necessary,with contractor and City staff to valid contractor s bond and workers'
compensation coverage; non-appearance
on Federal List of Parties Excluded and
Cathedral city 1
,
,
State Division of Labor Standards sequence,and permit requirements from
Enforcement debarment lists, other agencies.
3. Attend preconstruction conference to 1 4, Verify that the contractor conforms to the
present federal labor compliance design survey line arid grades.
requirements to contractor and 5. Attend weekly progress meetings with the
1
subcontractors;prepare minutes and construction manager, contractor, and
attendance record thereof. subcontractors.
4. Verify and document job-site posting of 6. Inspector will provide full-time and as-
wage rate information and labor compliance needed construction inspection, including
posters. night inspection, of the work to monitor
5. Receive ;nd review labor compliance materials and methods for compliance with
documentation from public works observers plans, specifications,and contract
or inspectors and compare with contractor- documents;and address and document
submitted documents. Monitor contractor- non-conforming items as they are
submitted payroll documentation on a discovered,
continuous basis, including weekly certified 7. Monitor compliance with Cal OSHA
payroll reports, fring- benefit statements, requirements and compliance with all local,
apprenticeship documentation, and payroll state,and federal regulations, Although
deduction authorizations, Willdan will monitor the activities, it is the
6. Follow up with contractor by telephone, contractor's sole responsibility to provide
,
email, and/or certified mail regarding workers with a safe working environment,
required document submittals and payroll ' 8. Monitor compliance with the Clean Air Act
discrepancies and deficiencies. Provide and the Clean Water Act(National Pollutant
I
detailed description of alleged deficiencies; Discharge Elimination System— NPDES
outline corrective action to be taken;and best management practices).Also, monitor
enforce regulatory deadlines for compliance, the contractors compliance with approved
7 Receive, pursue, and document labor SWPPP,
complaints; prepare violation reports to 1 9. Provide Walden's labor compliance manager
oversight agencies as required; recommend with federally compliant labor and equipment
special action to be taken if contractor reports, labor classification interviews.
continuously fails to comply with requests Willdan's inspector will work with our Labor
and requirements. Compliance Manager to monitor and verify
8. Coordinate with City staff the withholding of specified DBE's.
progress and/or retention payments if 10. Meet with the contractor at the beginning of
contractor fails I. abide by labor compliance each day and review the proposed work
requirements. plan, including specific details that may
9. Maintain content and format of federal labor affect progress,
compliance file in conformance with 11. Conduct daily measurements of quantities of
applicable government requirements. work with the contractor,
to. Coordinate project file reviews by authorized 12. Review actual contractor performance
county, state, and federal agencies, throughout the day and discuss
ie. Submit complete federal labor compliance discrepancies with the contractor as they
file to City for retention, occur.
Construction inspection 13. Assist in coordination of engineering
support,surveying, specialty inspections,
1. Review plans, specifications, and all other
and fieldwork by utility companies,
contract-arid construction-related
14. Coordinate with Contractor and utility
documents.
companies to assist in the identification of
2. Conduct a field investigation of the project
unknown utilities and possible relocation of
area to become familiar with the existing
interfering structures or lines.
facilities and the project environment.
15. Ensure contractor restores centerline ties
3. Become familiar with traffic control plans,
and provides updated centerline tie-out
construction schedule, construction notes, if any are disturbed,
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Cathedral City - !T. „ : - :-., -3 . -• }
16. Ensure compliance of Underground Service 8. Provide engineering support,
Alert notificationldelineation. inspector/technician coordination,dispatch,
17. Evaluate the contractor's operation and material engineering review,test reporting,
production with respect to quality and QA/OC,and administrative support services.
progress and report to the construction ' 9. Submit reportsfupdates of ongoing tests,
manager. i.e.,seven-day and off-schedule breaks.
is. Photograph continuous property frontages 10. Submit final report of completed laboratory
along the street alignment once prior to tests,i.e.,28-day results for concrete.
construction and once immediately following 11, Submit—for City review—daily field-testing
construction.Maintain a photographic record and inspection reports indicating information
of key elements of each major operation of pertinent to inspections performed and
work each day,with increased detail in compliance/non-compliance with project
situations of potential changes or claims, documents and applicable codes.
19. Coordinate testing and closely monitor Fed- ,,I Funding Administration
testing results and require the contractor to
provide corrective measures to achieve Award Package
compliance. 1. Prepare the award package following the
zo. Maintain copies of all permits needed to award of the constriction contract and
construct the projects and enforce special receiving the following items from the City:
requirements of each. the engineer's final opinion of probable
22. Prepare and maintain detailed daily diary construction cost,contractor's bid, bid
analysis,proof of advertisement,CaWane
inspector reports on construction progress.
Finance Letter,and executed Program
22. Prepare clear and concise letters and Supplement Agreement.
memoranda,as needed. Establish a solid
2. Prepare LAPM Exhibits 15-C Local Agency
paper trail.
Project Advertising Checklist and 15-I Local
2.3. Assist with the review and evaluation of Agency Bid Opening Checklist for the
change order work.
project file, 15-L Local Agency Contract
24. Provide complete measurements and Award Checklist, 15-M Detail Estimate and
calculations documentation to administer Summary, 15-B Resident Engineer's
progress payments, Construction Contract Administration
25. Maintain and submit a clean set of plans Checklist based on the awarded bid, and 3-
marked in red for as-built corrections on A Project Authorization/Adjustment Request
record drawings to be filed with the City. if making an adjustment to the Finance
26. Prepare a punch list at substantial Letter.
completion and follow up with the contractor 3. Submit package to the Caltrans DLAE within
regarding progress of corrections. 60 days of award along with the following
Material Testing items provided by the City:as-advertised
plans and specifications, LAPM Exhibits 15-
1. Attend meetings,as needed,with project G Local Agency Bidder DBE Commitment
team.
(Construction Contracts), 15-H Good Faith
2. Review existing geotechnical reports and I Effort, and 9-E Evaluation of Good Faith
project plans and specifications. Effort Memo.
3. Perform laboratory testing. Progress Invoicing
4. Verify compliance with approved project
plans,specifications,and applicable code 1. Prepare progress invoices at least every 6
requirements. months.
5. Provide as-needed testing for proposed 2. Monitor the Inactive Obligations List on the
removal and replacement of damaged street Caltrans Local Assistance website and notify
sections. City staff of any pending deadlines to submit
6. Provide compaction testing for leveling 1 invoices.
course and final paving. 3. Prepare LAPM Exhibit 5-A Local Agency
7. Provide as-needed asphalt plant inspection Invoice based on the following items
and monitoring, ,
provided by the City:contractor progress
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�� �, � + .�x a , tk:w,,�w.eM ,� � q ,\.:�\.�,4� t ,1 ,:4:�,:1 , 1.. ,, i 1 .•, S 4r i,, n, ;.:,. !" n � �, '� :"' �:
the
payments,cancelled checks,and a copy of 2. Prepare LAPM Exhibits 17-A Federal Report
15-1 Local Agency Contract Award Checklist of Expenditures Letter and the Report of
(first construction invoice only). Expenditures Checklist, 17-C Local Agency
4. Submit package to the Caltrans DLAE. Final Inspection Form, 17-G Materials
Final Invoice&Final Report of Expenditures Certificate,5-A Local Agency Invoice, 15-M
Final Detail Estimate and Summary,and 17-
1. Prepare a request for post-award finance E Change Order Summary along with the
letter adjustment, if needed, based on the following items to be provided by the City:
final construction costs prior to submitting LAPM Exhibits 17-F Final Report-Utilization
the Final Invoice package to close out the of DBE, First Tier Subcontractors and 17-0
project and submit to the Caltrans DLAE DBE Certification Status Change,contractor
LAPM Exhibits 3-A Project progress payments,final retention payment,
Authorization/Adjustment Request, 15-M and copies of cancelled checks.
Detail Estimate and Summary, and 17-E ' 3. Submit package to the Caltrans DLAE.
Change Order Summary.
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