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HomeMy WebLinkAboutDudek - 2023-02-07 \NONGto's• 2000 Main Street, t/. --7. 'V Huntington Beach,CA !L_- - t? City of Huntington Beach n//�� e/�926{��4-8,}' �lC .4u.,,, .>•a ,, •Zcourrry cA`:,'' File #: 23-088 MEETING DATE: 2/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Keegan Olds, Contract Administrator Subject: Approve and authorize execution of four (4) Professional Services Contracts for On-Call Construction Management and Engineering Services with Ardurra Group, Inc., Berg & Associates, Inc., Dudek, and Psomas Statement of Issue: The Public Works Department requires professional construction management, inspection, labor compliance, and engineering services on an on-call or as-needed basis to support staff on the construction of state and federally-funded capital improvement projects, which are identified in the annual Capital Improvement Program (CIP). As such, Public Works advertised a Request for Proposals (RFP), based on federal procurement requirements, for these services and recommends awarding four on-call construction management and engineering services contracts. Financial Impact: The City's adopted Fiscal Year (FY) 2022/23 CIP Budget totals $59.7 million for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management, and other required costs. As such, no additional funding is required by this action. The four (4) recommended construction management contracts, totaling $5.6 million, will be funded within each project's individual CIP budget, on an as-needed basis. Additionally, construction management and inspection services provided under these contracts will be reimbursable through State and Federal funding. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a $1,400,000 "Professional Services Contract Between the City of Huntington Beach and Ardurra Group, Inc. for On-Call Construction Management and Engineering Services;" and, * B) Approve and authorize the Mayor and City Clerk to execute a $1,400,000 "Professional Services City of Huntington Beach Page 1 of 3 Printed on 2/1/2023 powere37A Legistarr" File #: 23-088 MEETING DATE: 2/7/2023 Contract Between the City of Huntington Beach and Berg & Associates, Inc. for On-Call Construction Management and Engineering Services;" and, C) Approve and authorize the Mayor and City Clerk to execute a $1,400,000 "Professional Services Contract Between the City of Huntington Beach and Dudek for On-Call Construction Management and Engineering Services;" and, D) Approve and authorize the Mayor and City Clerk to execute a $1,400,000 "Professional Services Contract Between the City of Huntington Beach and Psomas for On-Call Construction Management and Engineering Services." Alternative Action(s): Do not approve the professional services contracts. However, please note that staffing levels and specific expertise are limited and necessitate additional outside support to complete budgeted CIPs. The impacts of not having approved and active on-call contacts that are readily available include: • Each project would be required to advertise individual Requests for Proposals to procure support, which would require additional time and staff hours to complete. • When projects have funding that originate from specialized sources (most commonly Federal and State sources), there may be additional procurement requirements placed onto the City tied to those specialized sources. Procuring individual contracts for each capital project and complying with federal/state requirements for every individual project will add staff hours, cost, and time to deliver projects. Analysis: In order to have the ability to obtain reimbursement on federally funded projects, consultants must be procured using the federal process, which differs from the City normal procurement process and involves Caltrans approval. Therefore, on February 7th, 2022 the City advertised a federalized Request for Qualifications (RFQ) for On-Call Engineering Services featuring 5 sub-categories: Construction Management and Inspection, Material Testing and Inspection, Architectural Engineering, Civil Engineering, and Environmental Engineering. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Seventeen (17) proposals were received for the Construction Management and Inspection sub-category. In accordance with qualifications-based selected procurement, per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services," the Public Works Department established a review board. Proposals were then evaluated and ranked by the review board. The top four (4) firms were selected in the Construction Management category to increase opportunity for competitive proposals for future projects from qualified on-call consultants. The four (4) contracts recommended in this Request for Council Action (RCA) are for support staff for the construction of a wide variety of State and Federally-funded capital improvement projects. These services have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique projects. It is anticipated that these services will be required based on past years. Each project is evaluated on a case by case City of Huntington Beach Page 2 of 3 Printed on 2/1/2023 power€37r7,+LegistarTD File #: 23-088 MEETING DATE: 2/7/2023 basis to determine if these as-needed contract services are necessary. The City's FY 2022/23 CIP totals $59.7 million in new projects. Typical design and construction support cost from the use of consultants on a CIP project can vary between ten to twenty percent (10 -20%) of total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual construction consultant costs would be around $9 million to the City for total CIP projects or approximately $27 million over the next three (3) years. Professional construction management and inspection services are typically required for most CIP projects, including streets and transportation, water, sewer, stormwater, parks and beaches, and facility improvement projects. Therefore, these consultants were selected to meet projected State and Federally-funded project workload over the next three years with a total contract limit of $1.4 million. The proposed contract amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract between the City of Huntington beach and Ardurra Group, Inc. for On-Call Construction Management and Engineering Services 2. Professional Services Contract between the City of Huntington beach and Berg & Associates, Inc. for On-Call Construction Management and Engineering Services 3. Professional Services Contract between the City of Huntington beach and Dudek for On-Call Construction Management and Engineering Services, 4. Professional Services Contract between the City of Huntington beach and Psomas for On-Call Construction Management and Engineering Services 5. Professional Services Award Analysis 6. Professional Services Contract Presentation City of Huntington Beach Page 3 of 3 Printed on 2/1/2023 powere374 LegistarT" PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DUDEK FOR ON-CALL CONSTRUCTION MANAGEMENT&ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and DUDEK a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call Construction Management& Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Joe Monaco who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2, CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 22-12032/296016 1 of 17 3. TERM., TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on a-BR2LN72,V , 2023 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Four Hundred Thousand Dollars ($1,400,000.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 22-12032/296016 2 of 17 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 22-12032/296016 3 of 17 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of,pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTAN'I''s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 22-12032/296016 4 of 17 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 22-12032/296016 5 of 17 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 22-12032/296016 6 of 17 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGIITS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 22-12032/296016 7 of 17 TO CITY: TO CONSULTANT: City of Huntington Beach Dudek ATTN: Director of Public Works ATTN: Joe Monaco 2000 Main Street 605 Third Street Huntington Beach, CA 92648 Encinitas, CA 92024 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 22-12032/296016 8 of 17 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 22-12032/296016 9 of 17 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 22-12032/296016 10 of 17 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. GENERAL PRINCIPALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. 30. NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 22-12032/296016 11 of 17 1964 (42 U.S.0 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONSULTANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received(31 CFR Part 22). 31. MBE AND WBF,CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women owned business enterprises in the City's procurement process. CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the names of all consultants, advisors and contractors hired for the proposed services and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act(15 U.S.C. Sec. 637). CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 22-12032/296016 12 of 17 (b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements permit,which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 32. DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders. CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of a contract. 33. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 22-12032/296016 13 of 17 satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request. 34. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 35. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register(pages 19160-19211). 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: 22-12032/296016 14 of 17 (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local)terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. 36. NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this document, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an 22-12032/296016 15 of 17 officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. 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 Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 37. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. 22-12032/296016 16 of 17 CONSULTANT, CITY OF HUNTINGTON BEACH,a municipal corporation of the State of DUDEK, California ' I1'7 v &ND By: 41ek `41049 M P4L, g•dlialuattd punt name ITS: (circle one)Chairman/side'ice President City Clerk -J//3/23 Ci ND // INITIAT''i AND APPROVED: By: OP 4 r d..".... „„ii � �` ' Dire o o 'lib is v or s NOVri me ' ITS: (circ e o Secretary/ ie cial Officer/Asst. Secretary-Trea • 1 ' D A' 'ROVED: A.. ) APPROVED ' : • ORM: _/,.01‘. City Attorney IV 22-12032/296016 17 of 17 1 EXHIBIT "A" Administrative 1. Perform a"third" party constructability review of the project plans and specifications prior to the preconstruction conference and identify potential problems that may need attention before construction starts. Provide reviews and comments from ADA compliance perspective. 2. Review project permit requirements. 3. Prepare and conduct Pre-Construction Meetings. 4. Provide coordination of project activities and prepare reports and documents, as necessary, for City review and action. 5. Maintain at the consultant's local office, on a current basis; a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings, product data; samples; submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which are relevant to the contract work. 6. Provide weekly status reports to The City as required. 7. Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with Design Engineers. 8. Utilize the Public Works Project Tracking System(PTS), developed in Excel, to track and generate logs, contractor and consultant payment applications, change orders, weekly statement of working days and affidavits. PTS will be accessed, updated, and maintained in Drop-box and Agency will, from time to time, access PTS to add or retrieve data and budgets. 9. Monitor Contractor and subcontractor compliance with State and Federal labor law and paperwork requirements including certified payroll, conducting spot interviews with employees on the project, preparing daily reports listing employee, labor classifications, hours worked and equipment on project, maintaining evidence of apprentices employed on the project, spot checking payrolls to ensure that applicable Davis-Bacon or State prevailing wage rates are paid and ensuring that contractor has posted all required posters, notices and wage determination at the job site. 10. Administer the construction contract in conformance with the requirements set forth in the project Plans and Specifications including applicable requirements from Caltrans Standard Plans and Specifications, Local Assistance Procedures, Standard Specifications for Public Works Construction, and the City of Huntington Beach. 11. Receive, log, and respond to Contractor Request for Information(RFI). 12. Conduct weekly construction progress meetings with Contractor, Subcontractors, City Staff, Design Engineer, Sub-consultants, affected outside Agencies, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting minutes. 13. Coordinate and monitor all inspection activities. 14. Maintain an open-door policy and meet with general public as needed regarding the construction and make recommendations to address their concerns. 15. Receive and process all shop drawings, project data, samples, and other submittals to the Design Engineer for review. Establish and implement procedures for expediting the processing and approval of submittal. EXHIBIT A 16. Coordinate submittal review with Design Engineer on an as needed basis. 17. Coordinate with the City Engineer and other City Departments. 18. Document all claims and maintain for account records. Provide all necessary documentation and support to the City in settling claims. 19. Administer implementation of project's Traffic Control Plans and perform weekly review for conformance to approved plan. 20. Coordinate and schedule construction surveying. 21. Coordinate testing requirements and scheduling of material testing. 22. Review and analyze the Contractor's cost loaded/resource loaded baseline project schedule for critical path, activity logic sequences, realistic durations, constraints, schedule of values and schedule of delivery for products with long lead time which includes submittal process. Work with Contractor(weekly)to maintain the project schedule updates to show current conditions and suggest revisions as required that will be congruent with monthly progress pay requests. 23. Recommend necessary or desirable changes in the Construction Contractor's scope of services to City. Review and evaluate Contractor's request for changes. Negotiate with Contractor and submit recommendations to City supported by field data related to any additional work. If change orders are accepted by City,prepare change orders for signature and authorization by the City. Maintain a log of change requests. 24. Create and maintain"As-Built"project schedule. 25. Review pay requests and provide recommendation for contractor payments. 26. Coordinate the transition of project to City Maintenance. 27. Coordinate any training sessions required for City staff. 28. Conduct regular coordination meetings with property owners and business owners. 29. Construction Closeout. Consultant shall provide the following project closeout services: • Administer and coordinate final inspections. • Coordinate the correction and completion of the work. • Assist City in determining when the Project or a designated portion thereof is substantially complete. • Calculate the amount of final payment due prime Contractor. • Obtain evidence of certification of all lien releases. • Assist City with Filing the Project "Notice of Completion". • Secure and transmit to City, required guarantees. • Issue the notice of substantial completion and process the notice of completion. • Coordinate any startup requirements. • Deliver all equipment manuals, special equipment, spare parts, catalogs, and other materials required by specifications. • Collect all as-built data from contractors or consultants. • Make recommendation for the release of retention. 30. Provide construction management documents and records to The City. Inspection: 1. Review contract documents, plans, and permits. 2. Attend the pre-construction meeting. 3. Monitor and enforce construction noticing requirements, including but not limited to EXHIBIT A PM10 and SWPPP requirements. 4. Maintain field diary (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports,working day reports, change order documentation, photographs,and other documentation. 5. Monitor the contractor's fugitive dust control plan and ensure the contractor using approved haul routes and they are kept clean. 6. Ensure compliance with the construction contract by continuously monitoring, evaluating, approving, or rejecting the Contractor's work in accordance with the approved construction contract documents. 7. Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard City against defects and deficiencies in the work. As appropriate, require special inspection or testing, or make recommendations to City regarding special inspection or testing of work not in accordance with the provisions of the contract documents whether or not such work is fabricated, installed or completed. 8. Provide and maintain a digital photographic history of the progress of the project. Photos will also be taken of the following: • Showing existing conditions prior to construction. • Disputed work items. • Work that has to be duplicated, replaced, or removed. • Completed work. • Extra Work. 9. Record the progress of the project. Maintain a daily log containing a record of weather, Contractor and subcontractor's work on site, Contractor and subcontractor's equipment with hours on site, number and names of workers with hours on site, work accomplished, problems encountered, and other relevant data. Provide copies of daily logs to City as requested. Include information on Contractor and the entire project, showing percentages of completion. Daily Reports should be detailed enough to develop Time and Material payments for the contractor's work in case of future disputes. 10. During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. 11. Maintain copies of all permits needed to construct the project and enforce special requirements of each. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. EXHIBIT A as Ha . N - o 7 sr ~ O �'U a w a 0 0 v) A vi ; e .0e ae o �' s w ° o o N bD G .. 0 Q o v c U N 8 E p ' 0U V U <t C ` 4 uq •3 a0 a a C U Q D A ? t 8 U ti V 6R 0 a cii E-, a a II a o 86. 1d -1 O S U / o 1 0 0 0 0 �C V) O V1 ul Yl h Y1 V1 N 0 S o Z - N O, N 4 N m vl as rn u N N', rl 00 N (T N OO N U O r2 C O 4" . 4 C` V ,p N ,p N U A U ( a A,O O ,a vl .n oO co a, J W 0 'i3 u 044 ..8 W Ci. Il. 45 69 vl 6N 69 vi Cfl 6A 4n Q .l, e o o r1 N en N N 01 b 01 en N N N N O U U u U I., >, O O O O 0 0 0 0 ,E Uu a O a4 � U .,g ,.0 .,0 q n tE'iQQr,�1 �v te1Ni� u A 'ax f p O en en en in en en en en en p� V' 0. -1 0-1ti a �..� xI-, a ! (� a (� N w u u a �� q ° 23 a� A A H � as 0 w0Z A 4 01 ( Orki . uN en R N r+ V N m .4 ap u j 0 d V .--, 'L h1 N N N N N N N N UU L (7u u .+ 000000000 C4 X O '•• 0 N N Q Q N N - 0 W uCYYU 7G 7q 'W w : H v � °--' E. ZP .. N 0, en v v 0 N O O V t-- a\ C. Cr, WI vl N ON N00 00 ) 00 rr MUC' .2 �'O O C7X . + I + No 0 V1 a+ a 4„y ¢ z O v M en en N N N d' Uvi U y U ZILI Z V O i 6 1 6 6 v 6A V3 w N S. 5' � AWo ° V a in O n N en CP . V 68 O ti O .'7 '� Om 4 ,r, O, 0 - O- N d' R Q (l. LU>•+ t"' kj N N N N N M M M U k o o 0 w1 n. u o cq a IL.to W O, ,o N t'� vt ,C) 0 h P '5 > •2 ? u c\o \ o N m 't OctN N 0' U UA Iii O) •^' � U ,O ,O N 72- F7 ) U -. - N N N ' U cVil W v a ti rx Pa CA C4 .c x � �. 8 FJ' a°i vv)) w u u u bn •w 3 � `u U) a a e a its° q * o 0 0 w w w V/ 49 V3 V1 CA 49 fA w 41 u aL >, o U d N L ,S o ,D ± g o M 3 c' ° " a' m n '3v) -- u t, 0 a y �n .sd > b, O ' a 1-4' U m 'C 6 _ 'N1 A 'gT v U : 'C O ] LL U0 C � a a A"w -a '4j H U vuao ma.) V d n U 04 �� O4) O � f o a u o C A y c E 4.-, ++ a V o u C1 Tn 'O 0 al in fl <. 5 5 v 01 o a 0 A c N 0 0 w E Z w w c 0 0 .- $ a U w w° w w I�� z u 4 4 ._: 3 tJ r.i a. 4 N-6 ,00 p 5 N C 2 U 7 g of 1-a. 00 Q o O O o 0 0 Q c CO K i0 r 0 ci ci ci a a d E g a. W efl• d9 H3 !A ER <fl a . C o c E .a) co c.' ° P N co o 3E � - o YL° o u E to' _ Gam' v Eob y 0 a)0 a) o Nd ai % >w u a a8 5a oN o U ' T c an A E ' o 'Cis' 0 m EQ E g. 1O _8m / � g •�+ o y a> N fa 2 C! p a O aS 2 �U e a w ro�Q O0 w _ •6 u • Sn'is 0U 4) o U m m.E Bin is N• C- a) C Z 2 ([1 Iii 0 yak T N C ry q i7' 0 '- `I CI)al c3at tn O U N 5•�8n`f a 1° >." m a Z c T7 •� c o Sao a c O O M ._ cNx ea vow O I V V C c4,cE a) 0 0 u•p° di w Cl) MI j w � 'u o c � 0 y Q : c.8 N— � ; 7 Ev a. z Z d N � o> rn.5 :ta)O y 0 O a"G c a N N •� — a f6 0. d ¢ ❑ W La' v o 3'6 c U 2 N.c_7 LL C1 = y V .... T a1 Li?. z C A 7 a C N N Q 7 I— tg L L a) a1 ca O e N V W V ry= 7 D N. OI o z OCI r8Q •rom a N ai y= �O U T. S Q Z 0 _ N U N.p�pf c a� �.nt 0 Z z O 0 82 1ID2 Erg •fl F- a O Z W yg 3 �•- c a' c :' i m 2 U t W as 2 ro Is co c . 8 = 0 7 m 0 Fo D Tia' ar £ C. y 'u°zw, UJ p y c0 it NaY ytoa> 0 000tl + 6 F 0 (J W $scan U. .� CO�.L g a 0 �T, y d o,E _ O M N N rna) 0 O E N1,1 E'E N a W Q 1) NU -ELmocto Ell o 5 d N N rn 7 E a ui m 41§ o.r•ca , l )_ w o Na o£ !ov - a a mIii Air p °os 0v Ev >Tc w Ca c m N A d � E7C �. g b E0 1 �L-2 �>zt O c N u U a N ca UaNgu a cs ccc cma a) co co co co t e v c wvo2NE O . 4) 0a) 0 N N N v) Nv 2gtE > o w w-, a>.�C o sRl Z N E LL ,L N O O O O O a a —_ °'l- b, t-Y E g m a u. 3 t 0).0- E . U .o A oo Q w.= (si ri a 0(0 8 Z—: oi 6 v 0 W a I-- co co 0 cry !n 0 0 W 3 0 a. 0 a 0 0 DocuSign Envelope ID:F431B8C8-F934-4F7C-845A-3664A19C3EFD Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 -Letting of Contracts 10,48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172.-Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Christine Moore Title.. Chief Financial Officer Name. 3/14/2022 I 2:42:23 PM F Signature •wi144 1/fr roe Date of Certification (mm/ddlyyyy): Email: cmoore@dudek.com Phone Number: 760,479.4873 Address:605 3rd Street, Encinitas, CA 92024 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Construction management and inspection services Page 3 of 3 January 2020 DocuSI9n Envelope ID:F431BBC6-F934-4F7C-645A-3664A19C3EFD Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved,this form Is not required.) Consultant's Full Legal Name: Dudek Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore,the Indirect Cost Rate(s)shall not be combined with its parent company or subsidiaries. indirect Cost Rate: Combined Rate %OR Home Office Rate _ __.._ % and Field Office Rate(if applicable)1 17.0$ Facilities Capital Cost of Money 0_19 %(if applicable) Fiscal period*1/1/2020 - 12/25/2020 *Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed(not the contract period).The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant, I have reviewed the proposal to establish an Indirect Cost Rate(s)for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s)are allowable in accordance with the cost principles of the Federal Acquisition Regulation(FAR)48,Code of Federal Regulations(CFR),Chapter 1,Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and pilling of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor,indirect costs,or other direct costs on all federally- funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization,and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging,job costing,and accounting systems meet the standards for financial reporting,accounting records,and internal control adequate to demonstrate that costs claimed have been incurred,appropriately accounted for,are allocable to the contract,and comply with the federal requirements as set forth in Title 23 United States Code(U.S.C.)Section 112(b)(2);48 CFR Part 31.201-2(d);23 CFR,Chapter 1,Part 172.11(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct,indirect,and unallowable cost accounts; • Ability to accumulate and segregate allowable direct,indirect,and unallowable costs into separate cost Page 1 of 2 March 2018 DocuSign Envelope ID:F431B8C8-F934.4F7C-845A-3664A19C3EFD Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project,contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system;and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program(FAHP)contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties-23 CFR Part 172,11(c)r4. • False Claims Act-Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally-Title 18 U.S,C. Section 1001 • Major Fraud Act-Title 18 U.S.C.Section 1031 All A&E Contract Information: 53,420,931 • Total participation amount$ on all State and FAHP contracts for Architectural& Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is 39 • Years of consultant's experience with 48 CFR Part 31 is 6 • Audit history of the consultant's current and prior years(if applicable) ❑ Cognizant ICR Audit ❑ Local Gov't ICR Audit ❑ Caltrans 1CR Audit El CPA ICR Audit ❑ Federal Gov't 1CR Audit 1,the undersigned,certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C.Section 112(b)(2),48 CFR Part 31,23 CFR Part 172, and all applicable state and federal rules and regulations. 1 also certify that I understand that all documentation of compliance must be retained by the consultant.I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans, N 1e**:c ' inegh'ltoore Title**: Chief Financial Officer Date of Certification(mm/dd/yyyy):3/14/2022 I 2:42:23 PM PDT Signature: `—uAxatAbEl eU a.. 760.479.4873 Email**: cmoore agc1udek.com Phone Number**: "An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President,a Chief Financial Officer,or equivalent,who has authority to represent the financial information used to establish the indirect cost rate. Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Kforms. Caltrans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by Caimans Audits and Investigations. Distribution: 1)Original-Local Agency Project File 2)Copy-Consultant 3)Copy-Calirats Audits and Investigations Page 2 of 2 March 2018 DUDEK 2022 Standard Schedule of Charges Engineering Services Project Director $310,00/hr Hydrogeology/HazWaste Services $305.00/hr Principal Engineer III,. $285.00/hr Project Director . , . ,.. , Principal Engineer II... . .. , . $275.00/hr Principal Hydrogeologist/Engineer II $280.00/hr Principal Engineer I $265.00/hr Principal Hydrogeologist/Engineer I $260.00/hr Program Manager $255.00/hr Senior Hydrogeologist V/Engineer V $240.00/hr Senior Project Manager $255.00/hr Senior Hydrogeologist IV/Engineer IV $230.00/hr Project Manager $245.00/hr Senior Hydrogeologist III/Engineer III $220.00/hr Senior Engineer III $240.00/hr Senior Hydrogeologist II/Engineer II $210.00/hr Senior Engineer II $230.00/hr Senior Hydrogeologist I/Engineer I $200.00/hr Senior Engineer I $220.00/hr Project Hydrogeologist V/Engineer V $185.00/hr Project Engineer IV/Technician IV $210.00/hr Project Hydrogeoiogist IV/Engineer IV $175.00/hr Project Engineer III/Technician III $200.00/hr Project Hydrogeoiogist III/Engineer Ill $165.00/hr Project Engineer II/Technician II $185.00/hr Project Hydrogeologist II/Engineer II $155.00/hr Project Engineer I/Technician I $165.00/hr Project Hydrogeologist I/Engineer I $145,00/hr Senior Designer II $190.00/hr Hydrogeologlst/EngineeringAssistant $120.00/hr Senior Designer I $185.00/hr Designer $175.00/hr District Management&Operations Assistant Designer $170.00/hr District General Manager $210.00/hr CADD Operator III $165,00/hr District Engineer $205.00/hr CADD Operator II $155.00/hr Operations Manager $160.00/hr CADD Operator I $140.00/hr District Secretary/Accountant $135.00/hr CADD Drafter $125.00/hr Collections System Manager $135,00/hr CADD Technician $115.00/hr Grade V Operator $125.00/hr Project Coordinator $145.00/hr Grade IV Operator $110.00/hr Engineering Assistant $120.00/hr Grade Ill Operator $100.00/hr Grade II Operator $80.00/hr Grade I Operator $75.00/hr Environmental Services Project Director $255.00/hr Operator in Training $75.00/hr Collection Maintenance Worker $75.00/hr Senior Specialist IV $235.00/hr Senior Specialist III $225.00/hr Senior Specialist II $210.00/hr Creative Services $165.00/hr Senior Specialist I $195.00/hr Creative Services IV $165.00 hr Specialist V $185.00/hr Creative Services ill $150.00/hr Specialist IV $175.00/hr Creative Services II Specialist III . $165.00/hr Creative Services I $120.00/hr Specialist II $150.00/hr Specialist I $140.00/hr Publications Services AnalystV $130.00/hr Technical Editor IV $165,00/hr Analyst IV $115,00/hr Technical Editor III $150.00/hr Analyst III $105.00/hr Technical Editor II $135.00/hr Analyst II $95.00/hr Technical Editor I $120.00/hr Analyst I $85.00/hr Publications Specialist IV $120.00/hr Technician III $75.00/hr Publications Specialist III $110.00/hr Technician II $65.00/hr Publications Specialist II $100.00/hr Technician I , $55.00/hr Publications Specialist I $90.00/hr Clerical Administration $90.00/hr Mapping and Surveying Services Application Developer II $195.00/hr Application Developer I . . $155.00/hr Forensic Engineering-Court appearances,depositions,end Interrogatories as expert $205.00/hr witness will be billed at 2.00 times normal rates. GIS Analyst V Emergency and HoNdeys-Minimum charge of two hours will be billed at 1.75 times the GIS Analyst IV $165.00/hr normal rate. GIS Analyst $145.00/hr Materiel and Outside services-Subcontractors,rental of special equipment,special ys ill GIS Analyst II $130.00/hr reproductions and blueprinting,outside data processing and computer services,etc., are charged at 1.15 times the direct cost, GIS Analyst I $115.00/hr Travel Expenses-Mileage et currant IRS allowable rates.Per diem where overnight stay UAS Pilot $115.00/hr Is involved Is charged at cost Survey Lead $185.00/hr Invoices,Late Charges-All fees will be billed to Client monthly and shall be due and $135.00/hr payable upon receipt.Invoices are delinquent II not paid within 30 days from the dale Survey Manager of the Invoice.Client agrees to pay a monthly late charge equal to 1%per month of the Survey Crew Chief $115.00/hr outstanding balance until peld In full, Survey Rod Person $95.00/hr Annual!guesses-Unless Identified othenvise,these standard rateswill Increase 3%annually. Survey Mapping Technician $95.00/itr the rates listed above assume prevailing wage rates does not apply.If ttits assumption Is Incorrect Dudek reserves the right to adjust its rates accordingly. Construction Management Services Principal/Manager $195.00/hr Senior Construction Manager $185.00/hr Senior Project Manager $175.00/hr Construction Manager $160.00/hr Project Manager $150.00/hr Resident Engineer $150.00/hr Construction Engineer . $150.00/hr On-site Owner's Representative $140.00/hr Prevailing Wage Inspector $139.00/hr Construction Inspector $135.00/hr Administrator/Labor Compliance $100.00/hr DUDEKEFFECTIVE JANUARY 1,2022 N o 7, O 0° p o 0 CQ NO 0 oa o rb 4 u �� u v o v o, Z' h N U 0 $ g ' 6 6isr 6611 6 d' rac !� 4) T w v, v, v, rn -, W U °� o o cm cm ' 0 0 71 x U 5 U x w o 0 c`4 '� q 0 •o o o o F, ,,, 0 0 0 &, 0 o a7 0 0 0 o 6 o II II 11 IIki 0 H Z,, oA v O O O co O _ N z < <A V) 69 69 6.1 lJ 0 0 '' 0 p ana, Q ao z I- u" ¢ - r. 0 0 yj cV o p oL v�� V U N N N N N C �/ N GN N �Q`1 Q. N 4 00 >. O rn ..a cG O V, —x --• N M .- H v) -) S-. 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I,G-0 .q yp . o v a Li O oo � oEb . % . 00 N W ua ° � .o og . 8 F t O a y ° i{ N Do u y F L-�ij V Ulifi E:d N.c° X w R a vQ P W ° u a c � �uG " va A ' a 3n uaoo Axe° ° sue "�i R. , ec $03 0 El- auti ° o 15 U v, oroo. � Nriv� ,n a �q.9 �'� u 2 � a�ia6 4 w «� .., - u0.Gntu c c ai In N F () z oo 7 a ro B 8.6 poq^ YO NLL. Vl VI o VJ n N Q p d p Ny cn ▪ u a ,- by 5 + OO G G o .-a..—. .-. I-. Q _ a 0 0 .-. O N ri cri V vi v7 N z .: N<.; V ' .� Oa " y . y N a -4waaE-, > v) v) mv) v) 0 o 0 U MO ?) 00 Om e m w � %( � - • a / K)10 ) w £ f j \ ) ƒ / ) $ g ] 2a ) .w } / 7-4 S '9' \ 8 8 \ ) $ w 2 7; ) . '1-4 \ / ) U ) ) A / e 8 { -a / 8 2 / ( 4 ( / - e \ § \ ~ ) t ig 8 \ ) \ \7 k ® j g ( §4k ® \ •s o sE\ § # \ [& ( © § 2 ) _ al 3 /e § a \}/ () g O � )\ ) ) \ ['41 v) co jw 00 0 -- u Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: 1,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual,reasonable,allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles(GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112-Letting of Contracts 10. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172-Procurement,Management,and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Suhconsultant Certifying: Name: C.hYIat'- J. O ' • Title*: preside Signature: �. Date of Certification(mm/dd/yyyy): Si Vila?"' Email: e:.hirisi-a— eo—ea11ic111-k.Gd Phone Number: to( r B 1 O-1 O'.+ Address: 8185 GC4YY11YMO SGt►-�-ta �2. a Scin biego , CP1 dlai2-� ' An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer,or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: t.abo wrr CC st--v i cep Page 7 of 9 January 2020 • • Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSUL TANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor indirect Cost Rate is approved,this form is not required) Consultant's Full Legal Name: Alliant Consulting, Inc. Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance,Therefore,the Indirect Cost Rate(s)shall not be combined with its parent company or subsidiaries, Indirect Cost Rate: Combined Rate 126.00 %OR I-Iome Office Rate % and Field Office Rate(if applicable) Facilities Capital Cost of Money %(if applicable) Fiscal period* 20'2-1 *Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed(not the contract period).The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. 1 have reviewed the proposal to establish an Indirect Cost Rate(s)for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s)are allowable in accordance with the cost principles of the Federal Acquisition Regulation(FAR)48,Code of Federal Regulations(CFR),Chapter 1,Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor,indirect costs,or other direct costs on all federally- funded A&E Consultant Contracts, • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization,and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A, Financial Management System: Our labor charging,job costing,and accounting systems meet the standards for financial reporting,accounting records,and internal control adequate to demonstrate that costs claimed have been incurred,appropriately accounted for,are allocable to the contract,and comply with the federal requirements as set forth in Title 23 United States Code(U.S.C.)Section 112(b)(,21;48 CFR Part 31.201-2(d);23 CFR,Chapter 1,Part 172.11(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct,indirect,and unallowable cost accounts; • Ability to accumulate and segregate allowable direct,indirect,and unallowable costs into separate cost Page Iof2 March 2018 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project,contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system;and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts 1 also understand that failure to comply with 48 CFR Part 16301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program(FAHP)contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties-23 CFR Part 172.1 IIc)(4) • False Claims Act-Title 31 U.S.C.Sections 3729-3733 • Statements or entries generally-Title 18 U.S.C.Section 1001 • Major Fraud Act-Title 18 U.S.C.Section 1031 All A&E Contract Information: • Total participation amount$ on all State and FAHP contracts for Architectural& Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is t • Years of consultant's experience with 48 CFR Part 31 is 6 • Audit history of the consultant's cutTent and prior years(if applicable) ❑ Cognizant ICR Audit ❑ Local Gov't(CR Audit ❑ Caltrans ICR Audit El CPA ICR Audit ❑ Federal Gov't 1CR Audit 1,the undersigned,certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C.Section I t 2(b)(2),48 CFR Part 31,23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name": J. Schott Title**; President Signature: . 5'G1Lo Date of Certification(mm/dd/yyyy): 03/03/2022 Email**: christa@go-a ant.com Phone Number": 619.831.0704 ••An individual executive or financial officer oldie consonant's or subconsuttant's organization III a level no lower than a Vice President,a Chief Financial Officer,or equivalent,who has authority to represent the financial information used to establish the indirect cost rate. Note: Both prime and subconsulfants as parties of a contract must complete their own Exhibit 1 U-Kforms. Caltrans will not process local agency's invoices until a complete Exhibit lO-Kform is accepted and approved by Caltrans Audits and Investigations. Distribution; I)Original-Local Agency Project File 2)Copy-Consultant 3)Copy-Caltrans Audits and Investigations Page 2 of 2 March 2018 ALLIANT CONSULTING LABO OMPLIANCE SERVICES 2021 Alliant Consulting Labor Compliance Service Fee Schedule All Pricing Below Is Subject to Change Based on the Final Scope of Work and Agreement Between Alliant Consulting and our Client. Pricing Is Valid Through December 31,2021. TRAINING $150.00/Hour Preparation and Presentation of Customized In-Depth State and Federal Labor Compliance and Prevailing Wage Training. Training Includes the Development of Customized Training Presentation and Handouts, Preparation of Personalized Policy and Procedures Manual and the Development of Labor Compliance "Best Practices" Procedures For Exclusive Use By Client. RESEARCH $125.00/Hour Research of State and Federal Labor Codes, Regulations, Legislative Updates and Past Case Law In Relation to Prevailing Wage.Inquiries to State and Department of Labor Representatives For Clarification of The Law,Interpretation of Client Or Project-Specific,Related Issues On Behalf of Client. AS-NEEDED CONSULTING $135.00/Hour Providing State and Federal Prevailing Wage Advice,Assistance and Answers In Relation to: Legal Requirements In Relation to State Prevailing Wage and The Davis-Bacon and Related Acts I Prevailing Wage Rates, Overtime, Calculations I Apprentice Registration, Rates and Requirements I Certified Payroll Reports and Records I Required Federal Forms I Supporting Documentation I Fringe Benefit Allowances I Authorized Deductions I Department of Labor Investigations I LCPtracker®Software and More, AUDITS & ASSESSMENTS $135.00/Hour One Time or As-Needed Audit Review of: Bid and Contract Language for Inclusion of Prevailing Wage Verbiage I Review of Client Labor Compliance Monitoring and Process, Recommendation of Best Practices for Compliance I Detailed Audits for Misclassification, Underpayment, Overtime, Pre-Determined Increases, Fringe Benefits, Restitution Owed to Workers I Case Review for Government Investigations,Litigation I Full Audit Status and Compliance Assessment Report I Summary of Recommended Action Plan to Achieve Full Compliance. LABOR COMPLIANCE OVERSIGHT $135.00/Hour Full Comprehensive Prevailing Wage Labor Compliance Oversight to Ensure Compliance of All Subcontractors on the Project. Labor Compliance Oversight Includes but Is Not Limited to: Review of Project Information, Funding Requirements, Bid and Contract Documents I Review of Federal and Applicable State Prevailing Wage Requirements I Collection of Proper Wage Decisions and Applicable Increase Allocations I Collection and Review of Subcontractor Documents, Including Weekly Certified Payroll Records, Fringe Benefit Reviews, Annualization Calculations I Verification of Overtime Rate and Prevailing Wages Paid In Full I Review of Apprenticeship Regulations and Compliance Status Throughout the Project I Monthly Compliance Reports SITE VISITS, MEETINGS &TRAVEL $115.00/Hour As-Needed Field Investigations to Conduct Site Interviews as Required by Client or Funding Source I Pre-Bid, Pre- Construction or On-Site Meetings I Travel Fees for Site Visits, Meetings and Training Sessions Are Hourly Plus Direct Expenses I Overnight Stays Require Additional Per Diem. 8185 Camino Santa Fe,Suite 2 I San Diego,CA 92121 I Telephone:(6191 831-0704 I Fax:(909)747-0404 l www.Go-Alliant.com 000000 N-R. +••� N I Z 000 000 O)0 i C NI \ ( O I c NN(n biu>1l! v-N . t� c) 1 O I . 0 O N I-a. in 8 C N f V U I '�I to•O 0) 0) .d wto69 NV)N C)cis I g I p Q ;O j— = IL v Z Z Z c Z N 0 O cu oo `a: o0 0 o0 I !U N 00 bn OO Q ) (pc) ❑ ; Q g 2 ()C) ri(o riai o0 O0 II II II Itr`Oae}} �rn (hc>� c000 d' (h AID sr N p0 000 0 j Z Y V fD C7) O Nff1 N.W 0 O O O O- in h I ,¢ is 69ww((n((ft`uHwww6909w09ww • u w 0i0CC o Qa8 i p 9 j EL • tom) C d 04 ' cv v3 d' (p N00 (O^ 03 � i; NN0N0N0NN 000000 O Z V 'N 0. 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L $ UC 10 aQ • )U 1 I I.L. a ( 'aa o O Z 0 d Li. I.L. N-Rs (7) 0 o Y .-NNcm O U .akr)E C)l 0 0R o0000 t o • o a) anx o t O O O O ci o E WV �•f C (} fA GH E9 GH t9 uO O 0 E.E. P. c o o a C) -o 3 o. 0 ^~ .c i dE .6 -a -6 a c cN °� o co -o c0 H C) f L" = N a) a) 3 a� io u7) U a O o u 81516 O C b Is _ c'C _ 0 •O C €s E o0.o N ro 0 . Li 0 U co N co O 2 O lm E c0O1 g © cv �Np t N a aai 'O` ta1.0 = N Q a. .m T7 Q Q v) O sr d U (R .s U�,.-a _o' LL w o C 0) al C 6 Z0`1 (.) ❑ c G 0 N C L F W Ici rn c ›, (NI Z p cow " N_> cu in < z c 7 . O da° oEg 0 ° ' � ac . ai d 63 N= a�i � O o � pBx a Ug 4 c a) v m I 'Ez--0Ecod 0 UN n Q , O. O�7U Z t.Gv L Ti;. c = E 0. 0_ In- � a) rn=.c d y O 0 ao.0 c xi ° —73 N (C U) Q- O i W 4. U lo ON c ` , u. Z c ro W 1Ca d Q" y - s « ligtC-0 Q R 1- N aE0NCmN v W U)f O C N U ULtl ,T CT 8aAE, N p z C) C$ Cui3`° ) >. U V 4 I p Z U U 00 T7 � 0 _ u`� W I-- y � () 0 E c wor T' z z O V "E � b a)A p m W O Z W y afatS:5 0 � °) ce b i 2Va Q 0— a i112 6^N UN x x'O O �2 co. WLLoF aC a- mr-8' LU OO _ _• • d 6-0-0 c Q U .n -9 L > 44 CC I-- 0 � E0o Nrd a) N Ol a) O•cT) g R.c roV c " O y E 0 ew c a c � co U Q _ 06A0e 3 0.---- .c w 0 >. c� E'3 $) � -0 u c.01 W C ( D cbvd U— T vY D O .Q a N of o c Aaa)) rS �° m.0 0i7 a u E.c 030 co E mm,- cco W CL c r N°�; m (C �� €Ld � U yvy a w 0PO'Eta� N o S� — ✓ cl N O) tiUu u 8 E gt E 0 , (VM '(tL() a ❑.Sr�my I:,O vm dal o T O i d m N co N tO cO @ -E•E oy .. d 0 o m P. ai E O .� 7 7 7 7 7 i, O a a a u)} TTF4hhha au c8irnvm co (� c �j N to to (n (1r cAro Fi, ° �ddE 6 >.N aa))•6. .O C ,mom„ Z N N LL .c o O O O O � 3a_--r- OY E t-am Oa uo 6 a) N .c- E c .,.. c� .n .0 JD .n Q all ni r, d cn(ti 0 2 (�i ri c O 5 W 0_ IZ i- > (n 09 C7 V) co o 2 U CL } 2 2 00 ƒ ) 2 © � ■ o $ t /5 § E £ k / t £ B K \ ( \ { u a ) f 2 U — 2 co ca ts / / 'k C14.. 7 N U f 0 j a) / t C £ co 0 k C } ' { ± m ` fig \5 a. f \/[ \ )\ / & \« § ) ± . )# � 7 )®2� - ah k0- - 02 ®.0k §/ ] @$ §� s 2 \] Eƒ � k 13-0. ) ƒ f .ft &DM e m± Q /] § § 82] co• {k2 §/\$ $ j & a a§z -J Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112-Letting of Contracts 10.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172-Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Ron Baudour Title'; Director of CMT&Field Services Name: Signature: i' Date of Certification (mm/dd/yyyy): 03/04/2022 • Email: Ron.Baudour@oneatlas.com Phone Number: 619.528.4732 Address: 6280 Riverdale Street San Diego, CA 92120 An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Construction Material Testing and Inspection Page 7 of 9 January 2020 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: if a Safe Harbor indirect Cost Rate is approved,this form is not required.) Consultant's Full Legal Name: Atlas Technical Consultants LLC Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance.Therefore,the Indirect Cost Rate(s)shall not be combined with its parent company or subsidiaries. Indirect Cost Rate: Combined Rate 125.91 %OR Home Office Rate % and Field Office Rate(if applicable) Facilities Capital Cost of Money %(if applicable) Fiscal period*2021 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed(not the contract period).The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant, I have reviewed the proposal to establish an Indirect Cost Rate(s)for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • • All costs included in the cost proposal to establish the indirect cost rate(s)are allowable in accordance with the cost principles of the Federal Acquisition Regulation(FAR)48,Code of Federal Regulations(CFR),Chapter 1,Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor,indirect costs,or other direct costs on all federally- funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization,and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging,job costing,and accounting systems meet the standards for financial reporting,accounting records,and internal control adequate to demonstrate that costs claimed have been incurred,appropriately accounted for,are allocable to the contract,and comply with the federal requirements as set forth in Title 23 United States Code(U.S.C.)Section 112(b)(2);48 CFR Part 31.201-2(d);23 CFR,Chapter 1,Part 172.11(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct,indirect,and unallowable cost accounts; • Ability to accumulate and segregate allowable direct,indirect,and unallowable costs into separate cost Page 1 of 2 March 2018 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project,contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system;and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts; I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program(FAHP)contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties-23 CFR Part 172.1 l(c)(4) • False Claims Act-Title 3 I U.S.C.Sections 3729-3733 • Statements or entries generally-Title 18 U.S.C.Section 1001 • Major Fraud Act-Title 18 U.S.C,Section 1031 All A&E Contract Information; • Total participation amount$ on all State and FAHP contracts for Architectural& Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is 43 • Years of consultant's experience with 48 CFR Part 31 is 30 • Audit history of the consultant's current and prior years(if applicable) ❑ Cognizant ICR Audit ❑ Local Gov't ICR Audit ❑ Caltrans ICR Audit • CPA ICR Audit ❑ Federal Gov't 1CR Audit 1,the undersigned,certify all of the above to the best of my knowledge and belief and that 1 have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C.Section 112(b)(2),48 CFR Part 31,23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that l understand that all documentation of compliance must be retained by the consultant.I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**:Ron Baudour Title**: Director of CMT& Field Services 03/04/2022 Signature; '"� Date of Certification(mm/eld/yyyy); ��� **; 619-528-4732 Email**: ron.baudour@oneatlas.com Phone Number **An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President,a Chief Financial Officer,or equivalent,who has authority to represent the financial information used to establish the indirect cost rate. Note; Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Kforms. Caltrans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by Caltrans Audits and Investigations. Distribution; I)Original-Local Agency Project File 2)Copy-Consultant 3)Copy-Caltrans Audits and Investigations Page 2 of 2 March 2018 SAN DIEGO SCHEDULE OF FEES California Prevailing Wage Effective January 1,2022 PROFESSIONAL SERVICES Professional(Engineering,Geology,Environment,Envelope Services) Director/Principal Professional $225 Senior Professional 175 Project Professional 155 Staff Professional 145 Drafter Level II 95 Drafter Level I.. . . 90 Project Management $165 Senior Project Manager 165 Project Manager Administrative Assistant 80 Field Services(Geotechnical,Special Inspection) $124 Field Supervisor 130 LA Certified Grading Inspector 96 Off Site Inspector 78 Laboratory Technician 110* 110 Group 1 (Field Soils,Material Tester) Group 2(Special Inspection) 120*' Group 3(NDT Testing) 175 Coring Field Services(SUE Level B Utility Evaluations and Rebar Locating) Line Tracer,Ground Penetrating Radar, Electromagnetics,Magnetics $2 755 Full Day 755 Hourly Rate(A Mob/Demob charge of$250 applies to projects billed on hourly rates) 300 Letter Report • • 300 Map(per day of field work) Field Services(Geophysical Data Acquisition) UST,Landfill,Oil Well,Void, Pile Integrity Testing $2 775 Full Day 305 Hourly Rate(A Mob/Demob charge of$335 applies to projects billed on hourly rates) Field Services(Advanced Geophysical Studies) Seismic,Sting ERT, Resistivity,Groundwater,UXO/MEC $3,150 Full Day325 Hourly Rate(A Mob/Demob charge of$550 applies to projects billed on hourly rates) Field Services(Seismic ReMi) $1,500 One Line 300 Each Additional Line 300 For Pavement/Requires Drilling Field Services(Vibration Monitoring) $1,000 Mobilization 200 Equipment(Daily) 75 Daily Analysis&Reporting(Daily) 750 Final Report Preparation Quote Manned Vibration Monitoring Field Services(Building Envelope) $125 Field Tech Level II Field Tech Level I 12020 Electronic Leak Detection(Hourly Rate,4 hour minimum) 400 Fenestration Testing(ASTM E1105/E783)—Hourly Rate(2 technicians) 225 Fenestration Testing(AAMA 501.2)—Hourly Rate(2 technicians) Drainage Efficiency of Exterior Insulation and Finish Systems(EIFS)Clad Wall Assemblies(ASTM E2273) 1,500 Revised October 15,2021 , ---I air ,r ---� Travel and Miscellaneous Pick Up $58/hour Travel Time Hourly Rate(or$125/hour beyond 1 hour from San Diego for Geophysical Crews) Overtime and Saturday Rate 1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate(including the day after Thanksgiving) 2 x Regular Hourly Rate Rush Surcharge Normal Rate plus 50% Per Diem(variable,depending on location) Quote Prevailing Wage Hourly Surcharge for Technicians and Inspectors per California Labor Code§720,et. Seq Quote te Specialty Equipment Surcharge LABORATORY TESTS Soil and Aggregate 9 3 California Bearing Ratio(ASTM D854) $43 California Impact(Cal 216) 216 Clay Lumps in Aggregate(ASTM C142) 158 8 Cleanness Value(Cal 227) 0 Consolidation(ASTM D2435) 21 210 Corrosivity Testing(Soluble Chlorides and Sulfates,pH and Resistivity) Crushed Particles(Cal 205,ASTM D693) 15858 Direct Shear(ASTM D3080) 2 Durability Factor(Cal 229,ASTM D3744) 102 Durability Index(Cal 229,ASTM D3744) 202 Expansion Index(ASTM D4289) 13588 Fine Aggregate Angularity(AASHTO T304) 210 25 Fineness Modulus(ASTM C136) 184 Flat&Elongated Pieces(ASTM D4791) 184 Light Weight Pieces(ASTM C123) 79 Liquid Limit(Cal 204,ASTM D4318) 279 Los Angeles Abrasion—1 'A inch and smaller(Cal 211,ASTM C131) 92 22 Maximum Density Check Point(ASTM D698/D1557) Maximum Density/Optimum Moisture—4 inch(ASTM 0698, D1557) 10 Maximum Density/Optimum Moisture—6 inch(ASTM D698, D1557) 23178 Minimum Density(ASTM D1556) 37 Moisture Content(Cal 226,ASTM C566,ASTM D2216) 47 Natural Density Chunk Sample(ASTM D2937) 42 Natural Moisture/Density Ring or Core Sample(ASTM D2937) 242 One-Dimensional Swell or Collapse of Soils—per point(ASTM D4546) 95 Organic Impurities(Cal 213,ASTM 040) 79 Organic Matter(ASTM D2974) 79 Percent Finer than#200(ASTM C117,ASTM D1140) 210 Permeability Remold Sample(ASTM D2434) Quote Permeability Remold Sample(ASTM D5084) Quote Permeability Undisturbed Sample(ASTM D5084) Quote Petrographic Analysis(Cal 215,ASTM C295) 132 pH&Resistivity(Cal 643,ASTM G51) 3 Plasticity Index(Cal 204,ASTM 4318) 134 Potential Reactivity(ASTM C289) 46521 Residual Shear(ASTM D6467) 25 Rock Correction(ASTM D4718) 290 R-Value(Cal 301,ASTM D2844).. 205 Sand Castle Test(USACE) 93 Sand Equivalent(Cal 217,ASTM D2419) 116 Sieve Analysis(ASTM C136,ASTM D6913, Cal 202) Sieve Analysis with Hydrometer(Cal 203,ASTM D422) 2100 Soil Cement Compression Strength(Cal 312,ASTM D1633) 5105 Soil Cement Cylinder Fabrication(Cal 312,ASTM D1632) Soil Cement Mixtures,Wetting and Drying(ASTM D559) 1,200 Soluble Chlorides(Cal 422).. 65 Soluble Sulfate(Cal 417) 65 Soundness 5 Cycles(Cal 214,ASTM C88) 394 Specific Gravity Coarse Aggregate(Cal 206,ASTM C127) 121 Specific Gravity Fine Aggregate(Cal 207,ASTM C128) 121 Thermal Resistivity of Soils(remolded sample)(IEEE 422) 1,100 Triaxial Shear Consolidated—Undrained(ASTM D4767) Quote Triaxial Shear Unconsolidated—Undrained(ASTM D2850) Quote Triaxial Staged Consolidated—Undrained(ASTM 04767) Quote ATLAS SAN DIEGO SCHEDULE OF FEES Page 2 of 4 Revised October 15,2021 • p�,r o "'rA --`-1 --. Triaxial Staged Unconsolidated—Undrained(ASTM D2850) Quote Unconfined Compression(ASTM D2166) 170 Unit Weight Aggregate(Cal 212,ASTM C29) 84 Asphalt Concrete $72 Asphalt Core Specific Gravity(Cal 308,ASTM D2726) 88 Asphalt Core Specific Gravity Waxed(Cal 308,ASTM D1188) 187 Emulsion Content(CTM 382) Quote Film Stripping(Cal 302) 368 Gyratory Compacted Maximum Specific Gravity(AASHTO T312) 8 96 Hamburg Wheel Plant Produced HMA(AASHTO T324/Caltrans Section 39) 3 Hveem Maximum Bulk Specific Gravity(Cal 308) 42015 Hveem&Stabilometer Value(Cal 366) 263 Ignition Oven Correction Factor(AASHTO T308) 263 Ignition Oven Degradation Factor(AASHTO T308) Marshall Density Stability&Flow(ASTM D6927) 420 Marshall Density(ASTM D6926) 3155 Moisture Content of Asphalt Mixtures Using Microwave(Cal 370) Quota Moisture Vapor Susceptibility(Cal 307) uote Optimum Bitumen Content(AASHTO R35/Cal 367) 189 Percent Bitumen Asphaltic Concrete(Cal 382,ASTM D6307) 189 Residue by Evaporation(Cal 331) 140 Rice Maximum Theoretical Specific Gravity AC(Cal 309,ASTM D2041)... . 95 Sieve Analysis Extracted Aggregate(Cal 382,ASTM D5444) 368 Stability and Flow(ASTM D1559) 8 Stabilometer Value(Cal 366) Qu 368 RAP Testing Fractionated(ASTM D2172,AASHTO T308,Caltrans Section 39) Quote RAP Testing Not Fractionated(ASTM D2172,AASHTO T308,Caltrans Section 39) Tensile Strength Ratio Plant Produced HMA(AASHTO T283) 94545 Wet Track Abrasion(ASTM D3910) Concrete 2X2 Cube Compression $2 g Chloride Ion Testing(ASTM C1218) 23162 Concrete Core Compression(ASTM C42) 29 Concrete Cylinder Compression(Cal 521,ASTM C39) 29 Flex Beam Modulus of Rupture(Cal 523,ASTM C78) 274 Modulus of Elasticity(Cal 522,ASTM C469) 1,274 Shotcrete Mockup Panel(ASTM C1140) 305 Shotcrete Panel,3 Cores Compression(CBC) 390 Shrinkage Hardened Concrete(ASTM C157 Modified) 0 Split Tensile Concrete Cylinder(ASTM C496) 2 98 Time of Set(ASTM C403) 210 Trial Batch Fabrication(ASTM C192) 53 Unit Weight Hardened Concrete(ASTM C642) 73 Unit Weight Lightweight Concrete(ASTM C567) Masonry $121 Absorption Block(ASTM C140) 163 Compression Adobe 163 Compression Block Standard(ASTM C140)Compression Brick(ASTM C67) 121 12 Efflorescence Block 184 Efflorescence Brick(ASTM C67) 24 Grout Prism Compression(ASTM C1019) 9 Masonry Core Compression(ASTM C42) 1 24 Masonry Core Shear(CBC 2105A.4) 100 Masonry Prism Compression(ASTM E447) 65 Mortar Bond Strength Pull Test(ASTM C482) 65 Mortar Cylinder Compression 129 Mortar Shear Strength(ANSI 118) 893 Relative Mortar Strength(Cal 515) 263 Shrinkage Masonry Block(ASTM C426) 40 Trial Grout Prisms(ASTM C942) 578 Water Retention and Air Content(ASTM C270) . . • ATLAS SAN DIEGO SCHEDULE OF FEES Page 3 of 4 Revised October 16,2021 T ■ • Metal Bolt Assembly Hardness Test . $78 Bolt Assembly Tensile&Proof Load Test 132 Modulus of Elasticity(Steel) 154 Post-Tension Tendon Tensile Testing 194 Tensile Strength&Bend Test Structural Steel(ASTM A370) 200 Tensile Strength&Bend Test Reinforcing Steel(ASTM A615/A706) 132 Tensile Strength#14 to#18 Bar(ASTM A615) Quote Tensile Strength Mechanical Splices#9 and Smaller(Cal 670) Quote Tensile Strength Mechanical Splices#10 to#14(Cal 670) Quote Tensile Strength Mechanical Splices#18(Cal 670) Quote Miscellaneous Fire Proofing Density Test(ASTM E605) $75 Fiber Reinforced Polymer Tensile(ASTM D3039) 546 Material Preparation 74 Relative Humidity Test(ASTM F2170) 84/kit Concrete Vapor Emission Kits(ASTM F1869) 76/kit Miscellaneous Charges Various Default Expense Various TERMS AND CONDITIONS Prevailing wage rates will increase consistent with general prevailing wage determinations made by the California Department of Industrial Relations. All field services will be charged portal to portal with the following minimum charges: 1. The client will be invoiced only for the hours actually worked in 4 and 8 hour increments, 2. A 2-hour show-up charge will be applied to any service canceled the same day of service. 3. Work in excess of 8 hours up to 12 hours in a single day will be charged in 1-hour increments at 1.5 times the standard rate. 4. Work in excess of 12 hours in a single day will be charged in 1-hour increments at 2 times the standard rate. Work performed by field or laboratory personnel outside of normal business hours(6:30 a.m.to 5:00 p.m.)will be charged a premium on a case-by-case basis. Work performed for Geophysical Studies outside of a standard work week will be charged an additional 50%. Fees for specialty geophysical services such as seismic reflection, crosshole, gravity, pile integrity testing, vibration monitoring,magnetotellurics,UXO,MEC,etc.will based on a per project basis.Utility focused projects requiring specialized training such as MSHA(mines)or RSO(refineries)will be billed at a General Geophysical rate. Other Direct Charges. Our company reserves the right to charge for services outside of the contract in the form of reimbursables,including but not limited to,the following diamond coring bits,fuel,patching materials,mileage,travel time, equipment rental and administrative time. Mileage will be charged at the standard federal rate per mile for distances over 50 miles from the location of dispatch. Per Diem charges will be applied to projects outside a 50-mile radius of our office. Subcontracted services will be charged at cost plus 20 percent. Invoices will be submitted monthly.These invoices are due in full upon presentation to the client.Invoices outstanding over 30 days will be considered past due.A finance charge computed at the rate of 1.5 percent per month,which is an annual rate of 18 percent,will be charged on all past due accounts.If legal action is brought on delinquent accounts,the prevailing party shall be entitled to recover its reasonable attorney's fees and other costs of collection. Our services are performed in accordance with the current standards of practice in the Industry. No other warranty or representation,express or implied,is made or intended. ATLAS SAN DIEGO SCHEDULE OF FELS Page 4 of 4 Revised October 15,2021 { Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT.10-II2 COST PROPOSAL Pm.,I of3 SPECIFIC RATE or COMPENSA7TON(USE FOR ON-CALL OR AS-NEEDED CONTRACTS) . (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note:Markups are Not Allowed Consultant ckwall Construction Services __, D Prime Consultant ®Subconsultant ❑2°a Tier Subconsultant Project No.On-Call Engineering Services Contract No. _ Participation Amount$ TBl) Date 3.L5/22 For Combined Rate Combined JCR% Fringe Benefit% + Oenend&Administrative% = 110% OR For Home Office Rate Fringe Benefit% .1 General&Administrative% Hume Office ICR% For Field Office Rate Fringe Benefit% + General&Administrative% - Field Office ICR% t Fcc - 1056 L^ BILLING INFORMATION CALCULATION INFORMATION - Name/Job Title/Classification' Hourly Billing Rates' Effective Date of Hourly Rate Actual or Avg. %or$ Hourly Range- Straight' OT(I.5x) OT(2x) From To Hourly Rate^ increase for Classifications Only Jim Hudson $175.01 $262.51 $350.01 01/01/2022 12/31/2022 $75.76 Not Applicable $180.26 $270.38 S360.51 01/01/2023 12/31/2023 378.03 3.0% Construction Manager/Inspector $185.66 $278.50 $371.33 01/01/2024 12/31/2024 $80.37 3.0% $191.23 $286.85 $382.47 01/01/2025 12/31/2025 $82.78 3.0% Thomas Klein $175.01 $262.51 $350.01 01/01/2022 12/31/2022 $75.76 Not Applicable $180.26 $270.38 S360.51 01/01/2023 12/31/2023 $78.03 3.0% Construction Manager/Inspector $185.66 $278.50 $371.33 01/01/2024 12/31/2024 $80.37 3.0% $191.23 $286.85 $382.47 01/01/2025 12/31/2025 $82.78 3.0% Robert Mellon $175.01 $262.51 S350.01 01/01/2022 12/31/2022 $75.76 Not Applicable $180.26 S270.38 S360,51 01/01/2023 12/31/2023 $78.03 3.0% Construction Manager/Inspector $185.66 $278.50 S371.33 01/01/2024 12/31/2024 $80.37 3.0% $191.23 $286,85 $382.47 01/01/2025 12/31/2025 $82.78 3.0% r(Add pages as'memory) NOTES: Page 4 of 8 January 2020 • Local Assistance Procedures Manual EXHIBIT 10-H2 • Cost Proposal I. Key personnel path be marked with an asterisk(•)and employees that are subject to prevailing wage requirements must he marked with two asterisks(").All costs must comply with the Federal cost principles.Subconsultents will provide their own cost proposals. 2. The cost proposal format shrill not he amended. 3. Billing rate—actual hourly late•(1+ICR)4(I+Fee). Indirect cost num shall be updated on an annual basis in aecordauce with the consultant's annual accounting ponied and established by a cognizant agency or accepted by Coltrane.All coats must comply with the Federal cost pnuciples for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only,enter the Average Hourly Rate for that classification. EXHIBIT 10-II2 COST PROPOSAL Ysge2oCJ .. SPRCwIC RATE OF COMPENSATION(l1SR FOR ON-CALL OR AS-Ntt rDIiD CONTRACTS) (CONSTRUCTION}fNG1Nostttm tO AND INSPECTION CONTRACTS) Consultant Rockwell Construction Services ❑Prime Consultant 0 Subconsultant Project No.Qp-Call Bngineerina, ervlces Contract No. Date 3/5/22 SCHEDULE OF OTHER DIRECT COST ITEMS(Add additional pages as necessary) Description of Item_ Quantity Unit Unit Cost Total Mileage Costs Equipment Rental and Supplies Permit Fees Plan Sheets S $ Test Vehicle Subconsultant 1; _ Subconsultant 2: $ Subconsultant 3: _ $ Subconsultant 4: _ $ Subconsultant 5: $ Note;Add additional pages if necessary. NOTES: I, List other direct coat items with estimated coata.These costs should he carnpctitivc in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should ha consistently billed regardless of client and contract type. 3. Items whets incurred for the same purpose,in like eircumalanee,should not be included in any indirect cost poplar in due overhead rate. 4. Items such an special tooling,will be reimbursed at actual cost with supporting documentation(invoice). 5. Items listed above that would be considered"tools of due trade"are not reimbursable as other direct cost. 6, Travel related costs should be pro-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed,the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles.In addition,the miles olabncd should be supported by mileage logs. Page 5 of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal 8. Ifs consultant proposes rental costs for u vehicle,the company must demonstrate that this is its standard procedure for all of Choir contracts and that they do not own any vehicles that could he used for the sums purpose. 9. The cost proposal format shall not he amended.All costs must comply with the Federal cost principles. 10. Add additional pages if necessary. it 11. Suhconadtants must provide their own cost proposals. 1 Pape 0 of January 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual,reasonable,allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles(GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112-Letting of Contracts 10. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172-Procurement,Management,and Administration of Engineering and Design Related Service 12, 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name:___lames E.EIudson Title*: Signature : Date of Certification(mm/dd/yyyy): 3/5/22 Email: jim,hudson@rockwell-es,com Phone Number: 760.715,3082 Address: 31480 Justin_Place.Valley Center,CA 92082 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer,or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Electrical and controls construction management and project oversight Page 7 of 9 January 2020 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved,this form Is not required.) Consultant's Full Legal Name: Rockwell Construction Services, LLC Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance.Therefore,the Indirect Cost Rate(s)shall not be combined with its parent company or subsidiaries. Indirect Cost Rate: Combined Rate 0'°Q °A OR Home Office Rate(1°CI % and Field Office Rate(if applicable)O^O9 Facilities Capital Cost of Money�'00 %(if applicable) Fiscal period*2022 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed(not the contract period),The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant, 1 have reviewed the proposal to establish an Indirect Cost Rate(s)for the fiscal period as specified above and have determined to the best of my knowledge and belief that; • All costs included in the cost proposal to establish the indirect cost rate(s)are allowable in accordance with the cost principles of the Federal Acquisition Regulation(FAR)48,Code of Federal Regulations(CFR),Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs,or other direct costs on all federally- funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization,and indirect cost rates have been disclosed as of the date of this certification. 1 am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging,job costing,and accounting systems meet the standards for financial reporting,accounting records,and internal control adequate to demonstrate that costs claimed have been incurred,appropriately accounted for,are allocable to the contract,and comply with the federal requirements as set forth in Title 23 United States Code(U.S.C.)Section l 12(b)(2);48 CFR Part 31,201-2(d);23 CFR,Chapter 1,Part 172.11(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct,indirect,and unallowable cost accounts; • Ability to accumulate and segregate allowable direct,indirect,and unallowable costs into separate cost Page 1 of 2 March 2018 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project,contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system;and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program(FAHP)contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties-23 CFR Part 172.1 1(c)(4) • False Claims Act-Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally-Title 18 U.S.C.Section 1001 • Major Fraud Act-Title 18 U.S.C.Section 1031 t111 A&E Contract Information� • 'Total participation amount$0,00 on all State and FAHP contracts for Architectural& Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is 1 • Years of consultant's experience with 48 CFR Part 31 is,o_____^_ • Audit history of the consultant's current and prior years(if applicable) ❑ Cognizant ICR Audit ❑ Local Gov't ICR Audit l7 Caltrans ICR Audit ❑ CPA ICR Audit ❑ Federal Gov't ICR Audit I,the undersigned,certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U,S.C,_Section.l 12(b)(2),48-CFR Part 31,23 CFR.Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**:James E Hudson Title**: President James E. Hudson p,',7%:2,a,0res.azsoaL'o,'!" 03/07/2022 Signature: __.. Date of Certification(mm/dd/yyyy): Email**: lim.hudson@rockwell-cs.com Phone Number**: 760 715-3082 "An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President,a Chief Financial Officer,or equivalent,who has authority to represent the financial information used to establish the indirect cost rate. Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms. Caltrans will not process local agency's invoices wail a complete Exhibit 10-Kform is accepted and approved by Caltrans Audits and Investigations. Distribution: 1)Original-Local Agency Project File 2)Copy.Consultant 3)Copy-Caltrans Audits and Investigations Page 2 of 2 March 2018 City of Huntington Beach As-needed Electrical Inspection Services RATE SCHEDULE TASK HOURLY RATE Standard Professional Services $175 (All Activities) This Rate Sheet is effective January 1, 2022, through December 31, 2022. 1. All effort expended in an 8-hour day will be billed at the standard rate listed above. 2. Overtime work above 8 hours per day and up to 12-hours per day will be charged at$262.50 per hour. 3, Overtime work above 12-hours per day and Sundays will be charged at$350.00 per hour. 4. Overnight per diem expenses are $250 per night. 5. Any project that is over a 100 mi (round trip) from San Marcos, CA will be billed based on a 4-hour minimum related to field activities. 6. The above rates are all inclusive and include overhead. Rockwell Construction Services,LLC 31480 Justin Place I Valley Center,California 92082 1 760-715-3082 Local Assistance Procedures Mnnunl Exhibit IO-H Cost Proposal EXHIBIT 10-H2 COST PROPOSAL SPECIFIC RATE OF COMPENSATION(USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note:Mark-ups are Not Allowed . RFP Huptingtun Consultant or Subconsullant STC TraBic,Inc.(Ira Slack Traffic Consulting,Inc.) Contract No. Desch City On-Call Date 3/10/2922 Engineering Services ADDRESS 5973 Avenida Encinas,Suite 216,Carlshad,CA 92008 Phone and email I':(760)602.4290 E:jason.stack@stetraffic.com Fringe Benefit% '' Overhead% + General Administration% = Combined Indirect Cost Rate(ICR)% (=0%if Included in OH) 73.31%(`0%if Included in OH) 91.03% 164.3A°b FEE%= 10.00% BILLING INFORMATION CALCULATION INFORMATION Hourly Billing Rates' Effective date of hourly rale Actual or Avg. %or$increase Hourly range•for Name/Job Title/Classification' Straight OT(1.5x) O'I'(2x) Front To hourly rate3 classifications only Ashley Adantos,LIT S132.80 $132.80 $132.80 2/8/2022 12/31/2022 S45.67 Title:Project Engineer $138.111 S138.11 $138.11 1/1/2023 12/31/2023 $47.50 4.00% Classification: S143,63 S143.63 S143.63 1/1/2024 12/31/2024 $49.40 4.00% Prevailing Wage Exempt -_- S149.38 $149.38 $149.38 1/1/2025 12/31/2025 $51.37 4.00% Not Applicable Myles Bady,EIT S123.72 S123.72 $123.72 2/8/2022 12/31/2022 $42.55 Title:Project Engineer S128.67 $128.67 $128.67 I/1/2023 12/3I2023 $44.25 4.00% Classification: S133.82 S133.82 S133.82 I/1/2024 12/31/2024 S46.02 4.00% Prevailing Wage Exempt $139.17 S139.1.7_ $139.17 1/1/2025 12/312025 S47.86 4.00% Not Applicable David DiPierro,TE $229.71 _ $229.71 $229.71 2/812022 12/31/2022 $79.00 Title:Senior Principal Manager_ $238.90� $238.90 _$238.90 1/1/2023 _12/31/2023 - $82.16 4.00% Classification: 5248,46 $248:4!_T_S240.46 I/1/2024 12/31/2024 ^ $85_4{5 4.00% Prevailing Wage Exempt 1/1/2025 12/31/2025 $88.86 t 5258.39 S258.39 S258 4.00% Not Applicable Ivan Gonzalez _S1_ _09.0_4 S109.04 $109.04 2/8/2022_.._12/31/2022 S37.50 Title:Associate Engineer SI13.40 S113.40 S113.40 1/1/2023 12/31/2023 539.00 4.00% Classification: S111.94 SI17.94 S117.94 1/1/2024 12/31/2024 S40.56 4.00% Prevailing Wage ExemptS122.66 S122.66 $122_66 1/1/2025 _.-12/31/2025_ S42.I8 4.00% Not Applicable Brett Hansen,IMSA 1 $146.78 $146.78 $146.78 2/8/2122 12/31/2022 $50.48 Title:Construction Manager/Project Manager $152.65 5152.E5 $152.65 1/1/2023 ' 12/31/2023 S52.50 4.00% Classification; $158.76 S158.76 S158.76 1/1/2024 12/312024 554,60 4.00% Prevailing Wage Exempt $161.11 $165.11 $165.11 1/1/2025 12/31/2025 S56,78 4.00% Not Applicable Alain liungerford,IMSA I $139.80 $139.80 $139.811 2/8/2022 12/312022 S48.08 Title:Project Technical Specialist S145.40 $145.40 S145.40 1/1/2023 12/31/2023 $50.00 4.00% Classification: S151.21 S151.21 $151.21 I/1/2024 12/31/2024 S52.00 4,00% Prevailing Wage Exempt S157.26 S157.24 $157.26,_-/1/2025 12/31/2025,_ S54.08 4.00% Not Applicable Christian Lambarth,PE,TE,I'TOIi $174.76 S 174.7E $174.76 2/8/2022 12/31/2022 $60.10 Title:Project Manager $181.75 $181.75 $181.75 1/1/2023 12/31/2023 $62.50 4.00% Classification: S189.02 $189.02 S189.02 1/1/2024 12/31/2024__ $65.00 4.00% Prevailing Wage Exempt^ $196.58_ S 196.58 _$196.58 I/1/2025 12/31/2025 $67.60_ 4.00% Not Applicable Adam Lemberg,IMSA Ill S2I3.89 _ $213./19 S213.89 2/8/2022 12/31/2022 573,5E Title:Settler Technical Specialist__ S222A5 S227..4.5 S222.45 I/1/2023 12/312023 S76.50 4.00% Classification: $231.35 $23135 $231.35 1/1/2024 12/312024 S79.56 4.00% Prevailing Wage Exempt: S240.60_ $240..60 S240.60 1/1/2025 12/31/2025 $82.74_ 4.00% Not Applicable Miguel Lomeli,EIT $88.08 $88.08 S811,08 2/8/2022 12/31/2022 530.29_ Tide:Assistant Engineer S91.60 _S91.60 $91.60 I/1/2023 12/31/2023 $31.50 4.00% Classification: $95.26 S95.26 S95.26 1/1/2024 12/31/2024 532.7E- 4.00% Prevailing Wage Exempt $99.07 S99.07 S99.07 I/1/2025 12/31/2025 $34.07 4.00% Not Applicable Stephen Manganiello,TE S269.81_.. S269.81 $269.81 2/8/2022 12/31/2022 592.79 Title:Senior Principal Manager 5280.60 $280.60 $280.60 1/1/2023 12/31/2023 $96.50_ 4.00% Classification:_ S291.83 $291.83 $291.83 1/1/2024 12/31/2024 S 100,36 4.00% Prevailing Wage Exempt S303.50 -$303.50 $303.50 1/1/2025 12/31/2025 S104.38 4.00% Not Applicable January 14,2015 LPP ISO1 Local Assistance Procedures Manual Exhibit 10•II Cost Proposal EXHIBIT 10-H2 COST PROPOSAL SPECIFIC IRATE OF CONIPENSKI-ION(USE FOR ON-CALL Olt AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note:Mark-ups are Not Allowed ... - - RFP Hpntington Consultant or Subconsultant STC Traffic,Inc(Ike Slack Traffic Consulting,Joe.) Contract No. Beavh City Oo-Gall: Date 3/10/2022 Engineering Services ADDRESS 5973 Avenida Encinaa,Suite 218,Carlsbad,CA 92008 Phone and email P:(760)602.4290 E:jason.stack@slctratlic.com Fringe Benefit% t Overhead% + General Administration% = Combined Indirect Cost Rate(ICR)% (=0%If Included in OH) 73.31%(=0%if Included in OH) 91.03% 164.34% FEE%= 10.00% BILLING INFORMATION CALCULATION INFORMATION Hourly Billing Rates' Effective date of hourly late Actual or Avg. %or S increase Fleetly range-for Nome/lobTitle/Classification' Straight OT(1.5x) O'f(2x) From To hourly rater classifications only Gianluca Pesareyi,EIT S103.46 _ S103 46 S103.16 2/8/2022 12/31/2022 S35,511 Title:Associate Engineer S107.60 $107.60 S107.60 1/1/2023 12/31/2023 S37.00 4.00% Classification: S111.90 $I I1.90 S111.90 I/1/2024 12/31/2024 S38.48 4.00% Prevailing Wage Exempt SIIti.38 S116.38 $116.38 1/1/2025 12/31/2025 $40,02 4,00% Not Applicable Julio Rivas Zamora $58.15 S58.15 S58.15 2/8/2022 12/31/2022 S20,00 Title:Intern S60.48 .S60.48 $60.48 I/1/2023 12/31/2023 S20.80 4.00% Classification: S6290 $62.90 S62.90 I/1/2024 12/31/2024 $21,63 4.00% Prevailing Wage Exempt $65.42 S65.12_ S65 42 I/1/2025 12/31/2025 S22.50 4.00% Not Applicable Jim Salagen S 156.84 S 156.84 $156.84 2/8/2022 12/31/2022 $53.94 Title:Project Technical Specialist S163.12 S163.12 .S163.12 I/1/2023 12/31/2023 S56.10 4.00% Classification S169.64 5169,64 $16964 1/1/2024 12/31/2024 $58.34 4.00% Prevailing Wage Exempt S176.43 S176.43 S176.43 I/1/2025 12/31/2025 960.68 4.00% Not Applicable Brandon Schlueter,EIT S125.82 $125.82 S125.82 2/8/2022 12/31/2022 S43.27 Title:Project Engineer S130.85 S130.85 S130.85 I/1/2023 12/31/2023 S45,00 4.00% Classification: S136.08 $136.08 S136.08 1/1/2024 12/31/2024 S46.80 4.00% Prevailing Wage Exempt� $141.53 S141.53 S141.53 I/1/2025 12/31/2025 S48.67 4.00% Not Applicable Balaji Shivnji,TE $156.58 $156.58_ S 156.58 2/8/2022 12/31/2022 $53.85 Title:Senior Project Engineer $162.85 $162.8.5 $162.85 1/1/2023 12/31/2023 $56.00 4.00% Classification'. S169.36 S169.36 S169.36 I/1/2021 12/11/2024 $58.24 4.00% Prevailing Wage Exempt $176.13 S176.13 S176.13 1/1/2025 12/31/2025 $60.57 4.00% Not Applicable Jason Stack,TE,PTOE S293.57 S293.57 S2.93,57 2/8/2022 12/31/2022 $100.96 Title:Principal-in-Charge S305.31 S30.5.31 S305.31 1/1/2023 12/31/2023 S105.00 4,00% Classification: S317,52 S317.52 $317.52 I/1/202.t 12/31/2024 S109.20 4.00% Prevailing Wage Exempt-�. 9130.22 S330.22 S330.22 1/1/2025 12/31/2025 $113.57 4.00% Not Applicable Kevin Stone,IMSA 11 _ __$140.78 S 146.7R S146.78 2/8/2022 12/31/2022 $50.48 Title:Construction Engineer/Inspector $152.65 S152.65 T S152.65 I/1/2023 12/31/2023 ^-T$52.50 4.00% Classification: $158.76 $158.76 S158.76 1/1/2021 12/31/2024 S54,60 4.00% Prevailing Wage Excntp(--_ S165.11 S165.11 S165.11 I/1/2025 12/31/2025 __. $56.78 4.00% Not Applicable Matthew Wall $58.15 S58.I5 $58.15 2/8/2022 12/31/2022 S20.00 Tide:Intern_ S60.48 S60,48 $60.48 1/1/2023 12/31/2023 S20.80 4.00% Classification: $62.90 $62.90 I62.90 I/1/2024 12/31/2024 S21,63 4,00"/u Prevailing Wage Exempt $65,42 56.5,42 S65 42 1/1/2025 12/31/2025 $22.50 4.00% Not Applicable Joseph Walters,IMSA II 51:12,80 SI32.80 S132.80 2/11/2022 12/31/2022 S45.67 Title:Project Engineer 5138.I I S138.11 $138.1I I/1/2023 12/31/2023 S47.50 4.00% Classification: _S1'13.63 S143.63 $113.63 1/1/2024 12/31/2024 $49,40 4.00% Prevailing Wage Exempt S149.38 S149,38 SI49.38 I/1/2025 12/3112025 S.51.37 4.00% Not Applicable Philip Wragg,AICP S118.84 S118,84 S118.84 2/8/2022 12/31/2022 S40.87 Title:Project Planner SI23.59 $123.59 S123.59 1/1/2023 12/31/2023 S42.50 4.00% Classification: $123.54 $128.54 S128.54 I/1/2024 12/3112024 S44.20 4.00% Prevailing Wage Exempt S133,68 S133.68 S133.68 I/1/2025 12/31/2025 $45.97 4.00% Not Applicable 1. Names and classifications of consullalt(key sail))team tneoibna most be listed. Provide separate sheets for prime raid all suhcansullaal firms. 2. Wiling roe-actual hourly rate"(1'l ICIQ•(I,Fee). Agreed upon billing rates ore not adjasiable for the Iei'ni of contract. 3. Far named employees enter the actual hourly rale. for classificalon.r only,enter the Average Hourly flair for alai classlflcaltott. •-Prevailing Wage Position-De/tas are huili assuming S 12t1,'fi'b ge benefll January 14,1015 LPP t5-01 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112-Letting of Contracts 10.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172-Procurement, Management, and Administration of Engineering and Design Related Service 12.48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name:STC Traffic.Inc.(formerly Stack Traffic Consulting,Inc.) Title*: Chief Financial Officer Signature: $a,nd4'. l66' - Date of Certification (mm/dd/yyyy): 03n0i2022 Email: sandra.sass an,stctraffic.com Phone Number:_260)602-4290 Address: 5973 Avenida Encinas, Suite 218, Carlsbad, CA 92008 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is rovidin under the roposed contract: Traffic Engineering Design and Analysis, Transportation Planning, Intelligent Transportation Systems Page 7 of 9 January 2020 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved,this,fornr is not required) Consultant's Full Legal Name: STC Traffic,inc, (formerly Stack Traffic Consulting. Inc..) Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore,the Indirect Cost Rate(s)shall not be combined with its parent company or subsidiaries. Jndirect Cost Rate: Combined Rate 164,34 %OR Home Office Rate _% and Field Office Rate(if applicable) NOTE: FY2020 ICR Rate 164.34% PENDING AUDIT Facilities Capital Cost of Money _ %(if applicable) FY2019 ICR Rate 169.99%Caltrans Acceptance ID#L2021-1255 FY2018 ICR Rate 178.71%Caltrans Acceptance ID#L2020-1062 Fiscal period*„Q 1/01/2020 - 12/31/2020 ---— FY2017 ICR Rate 174.94%Caltrans Acceptance ID#L2018-0621 FY2016 ICR Rate 167.80% Caltrans Acceptance ID #L2018-0200 *Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed(not the contract period).The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s)for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation(FAR)48,Code of Federal Regulations(CFR),Chapter 1,Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor,indirect costs,or other direct costs on all federally- funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant's ownership, organization,and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging,job costing,and accounting systems meet the standards for financial reporting,accounting records,and internal control adequate to demonstrate that costs claimed have been incurred,appropriately accounted for,are allocable to the contract,and comply with the federal requirements as set forth in Title 23 United States Code(U,S,C.)Section 112(b)(2);48 CFR Part 31,201-2fd);23 CFR,Chapter 1,Part 172,11(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct,indirect,and unallowable cost accounts; • Ability to accumulate and segregate allowable direct,indirect,and unallowable costs into separate cost Page 1 of 2 March 2018 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project,contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system;and • Ability to ensure costs arc in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: 1 also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program(FAHP)contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties-23 CFR Part 172.1 1(c)(4) • False Claims Act-Title 31 U.S.C.Sections 3729-3733 • Statements or entries generally-Title 18 U.S,C.Section 1001 • Major Fraud Act-Title 18 U.S.C.Section 1031 M1 A&E Contract Information, • Total participation amount$ 10,214 563.82 on all State and FAHP contracts for Architectural& Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant's experience with 48 CFR Part 31 is 6 ..�__• • Audit history of the consultant's current and prior years(if applicable) O Cognizant ICR Audit M Local Gov't ICR Audit I Caltrans ICR Audit ® CPA ICR Audit ❑ Federal Gov't ICR Audit 1,the undersigned,certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C.Section 112(b)(2),48 CFR Part 31,23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Sandra Sacs .. Title**: CFO Signature: $-at,i 44- 1 &-J0-" —_ Date of Certification(mm/dd/yyyy): (1:111()l2022 Email**: admin@stctraffic,com Phone Number**: (760) 602-4290 **An individual executive or tinuncial officer of the consultant's or aubconsuitiates organization at a level no lower than a Vice President,a Chief Financial Officer,or equivalent,who has authority to represent the finuneial information used to establish the indirect cost rule. Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-Kforms. Caltrans will not process local agency's invoices until a complete Exhibit 10-Kform is accepted and approved by Caltrans Audits and Investigations. Distribution: 1)Original-Local Agency Project File 2)Copy-Consultant 3)Copy-Caltrans Audits and Investigations Page 2 of 2 March 2018 FEE SCHEDULE Executive/Management Classifications Hourly Rate Principal-In-Charge $270 Senior Principal Manager $250 Principal Manager $230 Senior Project Manager $210 Project Manager $190 Professional Engineering Classifications Principal Engineer $220 Senior Project Engineer $200 Project Engineer $180 Associate Engineer $150 Assistant Engineer $120 Professional Planning Classifications Principal Planner $190 Senior Project Planner $170 Project Planner $150 Associate Planner $130 Assistant Planner $110 Technical/Specialized Classifications Senior Technical Specialist $200 Construction Manager $190 Project lechnical Specialist $180 Construction Engineer/Inspector $170 Other Classifications Intern $90 Expert Witness $350 SIC Traffic is a local business and there are no direct costs for mileage. Outsourced reimbursable expenses such as printing and reproduction,deliveries and overnight shipping, computerized plotting,materials,etc.,will be charged to the client at the consultant's cost without mark- up. //y 4 RL CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIYYYY) 8/28/2023 08/17/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain poiicles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). p CONTACT PRODUCER Lockton Companies NAME: 444 W,47th Street,Suite 900 PHONE FAX Kansas City MO 64112-1906 MANo.ExtJ: (NC.No}: (816)960-9000 AnDRFFR: kctsu@lockton.com INSURER(8)AFFORDING COVERAGE NAIC N INSURER A:Zurich American insurance Company 16535 INSURED DUDEK INSURERS;American Guarantee and Liab,Ins,Co. 26247 1 4745 34 605 THIRD STREET INSURER C:Continental Casualty Company 20443 E N C I N ITAS CA 92024 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 16753601 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS !NOR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LMWODNYYY) (MWOb/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY GLO0146311 08/28/2022 08/28/2023 EACH OCCURRENCE $ 1.000,000 CLAIMS-MADE X OCCUR .GAMAGE TO RENTED PREMISES fFa occurrence) $ 100,000 MED EXP(Any one person) $ 10,000 Y Y PERSONAL&ADV INJURY $ 1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEC X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP0146329 08/28/2022 08/28/2023(CEOa aoolFeMSINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED — SCHEDULED Y YNON•O BODILY INJURY(Per accident)$ XXXXXXX AUTOS ONLY —AUTOS PttOPERdY DAMAGE HIRED AUTOS N ONLY ( er accl enl $XXXXXXX AUTOS ONLY —AUTOS $XXXXXXX B X UMBRELLA LIAB X OCCUR AUC0146407 08/28/2022 08/28/2023 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE N Y AGGREGATE $ 1,000,000 DEO RETENTION$ $ WORKERA AND EMPLOY RS'LIABILITY YIN WC0146330 08/28/2022 08/28/2023 COMPENSATIONX�STATUTE EIR ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA Y E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NM E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yoa, IpTI M under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS allow C PROFESSIONAL EEH591932835 INCL POLL 08/28/2022 08/28/2023 PER CLAIM$1 000 000 LIABILITY N N AGGREGATE$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) ALL OPERATIONS; CITY OF HUNTINGTON BEACH, ITS OFFICERS. ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE ADDITIONAL INSURED ON GENERAL AND AUTO LIABILITY COVERAGE,ON A PRIMARY,NON-CONTRIBUTORY BASIS,IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON GENERAL,AUTO,AND UMBRELLA LIABILITY COVERAGE,IF REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. Af PROV AS TO FORM` CERTIFICATE HOLDER C CELLATION See Attachments By: OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CHAEL . THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY ATTORNEY ACCORDANCE WITH THE POLICY PROVISIONS. 16753601 CITY OF HUNTINGTON BEACH AUTHORIZED REPRESENTATIVE CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 411.E XI /4(4' ACORD 26(2016/03) 01988-2016 CORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD RISK Mgt.l1J(321-77P(4 3:2() ti,s T OF )6/&" L-C_S CITY OF HUNTINGTON BEACH ON-CALL CM AND INSPECTION SERVICES AESCO Anser Ardurra Berg Cannon Dudek ExpUS Services Gannett Ghirardelli HR Green Interwest MNS Engineers Prescience Psomas RMA Transtech TRC CZ C O C imso- WW5 ^L L.L.. (m) E .4...., _ =_I_ (,)cro afl (1)fU) CQo 1 CC To a) Ca L_ U o a) -0 L- 0 0 2 ocp ocp u_ w i„r'4"�-►.. Ar#Pv/4/ 1.64,6„ „-A 00° , , . ,� 14, 'V ar4.- ft i /�. $ j 1 vio 1 c� • *.e2 0 ., p 0v .,`4 ' �4 y0��, 0 av a) co ■ ■ /�� 0 co VJ c L. a) 71.3 O u) -o ^,, -,-, W a) a) 4D ° n -0 m E Z - D c6 .�--� c Am. C 5 a5 C.) o •—� L nn11 O O }+ C L (13 C CCS D- Cn '§ 0 0 Sm. -�-' ; c _ Eime a) 0 _ 0 ,_ z Vmt3 o (13 o a3 a. —h0 D "0 0- LU _FT) 'U) C C 0 oCD . a. cwa. . . J t-f, 1� N> 2' i !� I,vo i1li ORP� ■ ■ U) u)., U cn ,� L o ■� .5 0 LLa) _c +-i U U Cl) C C (6 11110 4 ' N — 4) Cl)CD a) C I = as IE t) a U -E)-- .� as O p _Wco Cl) � � � a) _ . (/) 2 6/) 1:DC) so L coU (s c +-, CI -0 - a) (o -1-, C c -0 u)O N N c s c 3 o-) LE, U -C) N gg = E uh Q W L- -c-) — O c O u) (aci_ c = O L_ co N — _o La •03 # � 0 co O M 0) -0 .I.r N `4=- a3 7:3 ; n z o 0 'x 0 . PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Construction Management and Inspection SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects using state or federal funding sources. VENDOR: Ardurra Group OVERALL RANKING: 3 out of 17 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Principal Civil Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 81.2 Ardurra Group i m l Total Weighted Maximum Criteria Score Score Understanding of Work to be Done 22.5 25 Experience with Similar Kinds of Work 16.0 20 Staffing 11.5 15 Capability of Developing Innovative or Advanced Techniques 7.0 10 Familiarity with State and Local Procedures 9.7 10 Financial Responsibility 9.3 10 Demonstrated Technical Ability 9.0 10 Total )i .; '[tl0 II. DUE DILIGENCE REVIEW • Interview Ranking: N/A Q�yxy+ ot • Excellent staffing experience—PMP/CCM certs on staff ensure project delivery • Completed projects and proposal description show detailed understanding of required scope }ttrdurr � is , � - � 'R�4 :l9 n1 £ m�9 y373 ,t d s/ • Low end from $105/hr(Public Works Technician) • High end to$338/hr for Principal-in-charge PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Construction Management and Inspection SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects using state or federal funding sources. VENDOR: Berg & Associates, Inc OVERALL RANKING: 4 out of 17 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Principal Civil Engineer 3. Contract Administrator III. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 81.2 Total Weighted Maximum Criteria Score Score Understanding of Work to be Done 23.3 25 Experience with Similar Kinds of Work 17.3 20 Staffing 10.5 15 Capability of Developing Innovative or Advanced Techniques 8.0 10 Familiarity with State and Local Procedures 8.0 10 Financial Responsibility 10.0 10 Demonstrated Technical Ability 5.3 10 Total IV. DUE DILIGENCE REVIEW • Interview Ranking: N/A • t,. ma t Revrew • Excellent staffing experience • Various software systems for project management. • Detailed assessment of City projects and understanding & ,at 4 A cing ) ,3 O 1 331 (� yl L3 a'y:// 3N'� `" i ,,u,� �3,.o,,„ice �53,i/.. S „ �.,,3,.,uzf6 • Low end from $129/hr(Asst. PM Contract Admin) • High end to$228.14 (PM) 2 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Construction Management and Inspection SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects using state or federal funding sources. VENDOR: Dudek OVERALL RANKING: 1 out of 17 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Principal Civil Engineer 3. Contract Administrator V. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 81.2 rau k3 Total Weighted Maximum Criteria Score Score Understanding of Work to be Done 21.7 25 Experience with Similar Kinds of Work 16.0 20 Staffing 14.0 15 Capability of Developing Innovative or Advanced Techniques 9.3 10 Familiarity with State and Local Procedures 9.3 10 Financial Responsibility 10.0 10 Demonstrated Technical Ability 9.0 10 Total �, ? VI. DUE DILIGENCE REVIEW • Interview Ranking: N/A .....,,s,.�i/%�////1 Adet • NASSCO certified staff, PEs, CCMs, robust staffing • Various innovative techniques—usage of drones, tablet inspection, utility location • Understood scope of projects—HB, OC/LA, other locations / s r s/%, �Cr r a�� /Zi`�/ C3�G3 t / �/i IriGiin t 7; 04 • Low end from $100/hr(Admin/Labor compliance) • High end to$310/hr for project director 3 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Construction Management and Inspection SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects using state or federal funding sources. VENDOR: Psomas OVERALL RANKING: 2 out of 17 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Principal Civil Engineer 3. Contract Administrator VII. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 81.2 Total Weighted Maximum Criteria Score Score Understanding of Work to be Done 22.5 25 Experience with Similar Kinds of Work 15.3 20 Staffing 12.5 15 Capability of Developing Innovative or Advanced Techniques 8.7 10 Familiarity with State and Local Procedures 8.3 10 Financial Responsibility 10.0 10 Demonstrated Technical Ability 9.3 10 � 1tltto Total 44r, , VIII. DUE DILIGENCE REVIEW • Interview Ranking: N/A • Robust description of tasks and processes • LIDAR and 3D imagery for inspection,training for staff V) �kJ , y 10 '�'t / &TY 4 Y?f y ��„ aeritI 1HI • Low end from $95/hr for Transportation Engineer • High end to$369/hr for CM Lead Engineer 4