Economic Development Committee
March 6, 2023

(RFP) for professional services on January 26, 2023 that yielded two proposals. To evaluate the proposals, staff formed an interdepartmental committee of five (5) subject matter experts, including staff from the City Manager’s Office, Parks, and Community and Economic Development personnel to review the submissions. The evaluation was based on their overall scope, community engagement strategy, prior experience, cost, and references. Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of professional services for urban planning and project management support to Seer World to support with the proposed scope of work. Seer ranked highly in the areas of community engagement strategy, and overall scope resulting in the recommendation to move forward with them for this project. Seer has held an instrumental role as the consultant that prepared the River District study which informs a significant portion of the expectations outlined in the City’s scope of work.

In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval for this consultant service conforms to Modesto Municipal Code 8-3.204, subsection (a) as Seer will provide professional services including robust community engagement and land use, architectural, recreational planning, and implementation support.

DISCUSSION:

The scope of work includes two core elements: (1) Redevelopment Planning and Implementation Support, which requires the preparation and approval of a redevelopment plan, subsequent implementation support for the Municipal Golf Course (Muni), as well as several opportunity sites and (2) Project Management and Support, which entails support with the completion and/or implementation of the deliverables outlined in the Downtown Master Plan, Stanislaus 2030 Blueprint, and River District Study, and may include other project management support as identified by City staff. Each of which are described in further detail below:

1. Redevelopment Planning and Implementation Support
a. PHASE 1: Community Engagement and Priority Gathering. Complete a robust public engagement process which may include community meetings, surveys, and focus groups with stakeholders. The Consultant will analyze proposed ideas submitted by the community and prepare design scenarios for the community to visualize potential developments. Potential sites may include housing, recreation, trails, habitat preservation, commercial/economic development, and other community services. The Consultant will be responsible for developing consensus with the City Council and community regarding the desired plan. b. PHASE 2: Site Analysis. A site analysis that considers the priorities from the community will be prepared and include a full assessment of neighborhood compatibility with the desired use, existing land use and current uses, environmental, infrastructure (utility, roads, sidewalks, etc.), fiscal analysis, legal considerations, among other considerations (California Environmental Quality Act, Surplus Land Act, etc.).
c. PHASE 3: Redevelopment Plan Approval. Submit, and present the site analysis and draft redevelopment plan to the stakeholders for a final opportunity to provide feedback. Following consideration and feedback from stakeholders, the plan will be submitted and presented to the Modesto City Council for consideration and approval.
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Economic Development Committee, March 6, 2023
Professional Services Agreement for Urban Planning and Project Management Support

d. PHASE 4: Implementation. Once the Plan is approved by the City Council, Seer will provide project management support to the City to assist in implementing the plan, which may include: adhering to State and Federal requirements, preparing procurement related documents to solicit potential development proposals, reviewing City policies and ordinances to confer whether adjustments are required, and providing any other miscellaneous support to City staff to implement the plan.

2. Project Management and Implementation Support
a. Seer will provide project management and implementation support for the Downtown Master Plan, Stanislaus 2030 Blueprint, and River District Study, and provide additional support related to these projects as required by the City.

FISCAL IMPACT:

The project budget is estimated at $542,000 with a 20% contingency of $108,400, totaling a not to exceed amount of $650,400, and will be funded with American Rescue Plan Act funds previously allocated to a Downtown Revolving Loan Fund as approved in the Modesto Forward Strategy by Resolution 2021-194. Sufficient funds are currently allocated to absorb the cost of the agreement. City staff has included a contingency of 20% to this project because the consultant is intended to serve as an extension of City staff to manage projects that do not have a defined scope at this time, and the contingency is intended to help account for potential unknowns such as additional community meetings, interviews, surveys, or site analysis.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the Award of Proposal and Professional Services Agreement to Seer World, Inc, Roswell, Georgia for Urban Planning and Project Management Support for a $542,000, including a 20% contingency, for a total amount not to exceed $650,400 and authorizing the City Manager, or his designee, to negotiate and finalize the terms of the Agreement, and forwarding to Council for approval.

Approved by: _____________________________
Jessica Hill, Interim Director of Community and Economic Development ____
Joseph P. Lopez, City Manager
Attachments:

1. Proposal from Seer World

2. Request for Proposals for Urban Planning and Project Management Support

3. Evaluation Summary
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Request for Proposal
The City of Modesto Urban Planning & Project Management Support #7..
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Summary
Seer is a strategic consultancy practice with full-service agency capabilities based in Roswell, GA and Calgary, Alberta, Canada. Seer’s simple mission is to help rebuild trust in a society that is increasingly polarized and to harness the power of fandom to create value beyond mere transactions.

Sports is where Seer first witnessed the universal power of fandom and its ability to unite people.

It's the space that sparked Seer’s curiosity to better understand and define that power and to imagine how it could transform other sectors, communities and whole cities.

Seer is uniquely positioned to work closely with organizations to navigate complex, interdisciplinary plans by serving as an agnostic experiential masterplanner, strategist, project lead or program manager. Seer’s experience spans multiple countries, cities, industries, sports, leagues and venue types. We understand the impact of a well integrated project and what’s required to find alignment across the full spectrum of an organization, community or municipality.

To do this Seer relies on foundational processes that bring focus to the communities core needs.

Seer has developed an extensive network of researchers, land-use planners, urban designers, market analysts, transportation experts, architectural design and development firms, including relationships with leaders at the helm of the newest advances and trends in architectural and experiential technologies, construction processes, and materials.

Our team is constantly reviewing the marketplace for better ways to serve our Clients from concept to completion, with the ultimate goal of building vibrant, sustainable and equitable communities.

In our experience, organizations and communities possess more and are much better than they feel and believe. Trapped in the tyranny of the urgent, they often lose clarity and perspective about the value they offer. Seer’s enterprise-level strategy process enables organizations and communities to see themselves anew, connect disparate infrastructure, unearth nascent strengths, and restructure what already exists into new positioning, new products, and opportunities for citizens, business partners and the municipality at large.

In the age of social atomization, uncertainty is driving people to seek new relationships as trust erodes. Seer’s methodology allows organizations to anticipate behavior, shape opinion and create connections that will endure. By building trust, Seer can also help establish a new narrative for the city of Modesto, develop reciprocal partnership opportunities and cement the city's vision as an actionable plan for the community at large.
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Our Team
Peter Sorckoff - Chief Executive Officer
Peter Sorckoff is recognized across North America for his innovative approach to strategy. He has over 25 years of international experience in major sporting events and franchises, from the Olympics to MLB, NHL, NBA, PHF, WHL as well as the Australian National Rugby League (NRL) and the Canadian Football League (CFL).

Peter’s last post on the property side was as CCO, EVP Brand and Innovation. There, he led an internal consultancy at the Atlanta Hawks and State Farm Arena that utilized emerging technology to deploy digital social anthropological methodologies to rebrand and reposition the franchise, which in turn helped to establish new revenue benchmarks. Peter was also the Design Director for a $200M renovation of State Farm Arena as well as the Emory Courts Practice Facility..

With Seer, Peter’s aperture has widened to include projects that range from facilities master planning and the rebuild of the Atlanta Braves revenue strategy to rethinking enterprise-wide strategy for the Cincinnati international airport. The future of advanced mobility, data as a service, clean and resilient energy infrastructure and of course sports, are all areas of interest for Peter today.

Dave Imbach - Chief Creative Officer
Dave was director of Broadcast and Entertainment at the Calgary Flames from 1998 to 2005. In 2005, he founded a strategy and design studio with partner Geoff Summach. Dave leads the Seer Studio focusing on creative and digital projects across the firm. Dave is a cinematographer, photographer and director in his own right.

Dave created the strategic framework and led the team who created the multimedia, B2C and B2B campaign ‘Insurance is Evolving’ for Intact Insurance. This campaign ran for four years, achieving the Client’s objectives at every critical review. Most recently, Dave led the team responsible for producing an augmented reality (AR) app for Intact’s broker roadshow.

Dave has also managed the BP A+ for Energy multimedia educational outreach program for BP Canada for 9 years.

Dave led creative output on Seer’s architectural projects with Burns & McDonnell, the Atlanta Braves, Endeavour Energy, Willow (Digital Twins), AT&T Smart Cities Group as well as Cincinnati International Airports.
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Geoff Summach - Chief Revenue Officer
Geoff is Seer’s CRO, responsible for revenue generation across new and existing Clients, influencing the future growth of the business and refining operations to deliver account service excellence. Geoff also heads up marketing and communications, as well as strategic partnerships for the firm.

Geoff’s unique experience as a coalition builder allows him to offer strategic insights anchored in measurable business imperatives. Geoff is the ultimate ‘trust manager’ ensuring the Client’s voice is always heard, that healthy relationships grow with each project, and that Seer is continuously evolving and improving its service delivery.

Iain Ferguson - Creative Director
As a creative director since 1991, Iain Ferguson has been involved at a senior level in strategic planning for real estate in the UK and North America. He has extensive experience in UK heritage real estate development and placemaking, and created marketing fundraising for the acquisition and development of visitor properties for the National Trust for Scotland for 12 years, including the Robert Burns Birthplace Museum in Ayrshire and Newhailes House near Edinburgh. He has a long-standing interest in the work of 18th and 19th century architectural pioneers of the classical revival, notably the Adam brothers and Alexander ‘Greek’ Thomson.

In the hospitality sector, Iain led new product development for Abercrombie & Kent/Intrawest’s shared ownership product trials. He was the lead writer and place-making storyteller for Pacific Beachcomber’s Brando Eco-resort, Tetiaroa, French Polynesia. Iain was a consultant on the revised Relais & Chateau brand story for North America and he originated the Radical Hospitality brand story for Eagle Golf Management Services of Dallas, Texas.

In Metro Vancouver, Canada, Iain was a lead creative consultant on multi-year, pre-sales strategies for major master planning residential and hotel developments, including the downtown Trump International Vancouver, Station Square, and River Green 2 & 3. Iain has led creative strategy on suburban multi-family developments in Burnaby and Surrey in Metro Vancouver, as well as rental towers and master planning low-rise communities in Calgary, Alberta.

Jim Garfield - Account Lead
Jim Garfield is a marketing executive and former WHAM Network Chief Operations Officer from Los Angeles, California. Jim’s professional career began in Adventure Racing as Red Bull’s first American athlete, captaining winning teams throughout his career. Upon his retirement as a competitive athlete, Jim continued to follow his passion for sports and healthy lifestyle by creating JLG Management, representing professional athletes, brands and entertainment projects in the sports, active and healthy lifestyle marketplace. He was recognized by the State of California and #7..
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given the California Legislative Sports Award for excellence and leadership in the Woman’s Sports and the Fitness Industry in the effort to fulfill the goals of Title IX.

Outside of the sports and wellness sector, Jim's work in master planning and community development was recognized by Bulldog Media with a Gold Medal for Excellence in Company Positioning/Branding for his work with CENTEX Homes.

John Picard - Executive in Residence: Focus Architecture & Technology.

John is a futurist and innovation catalyst who will change the way you think about sustainability and convergence for climate — transforming duty into opportunity, liability into a new asset class.

John has a passion for the future — he wants all of us to meet him there as soon as possible.

He’s literally been living in the future since he built his first super-smart eco-home in California.

Since then, he’s been designing for the future we all want to live in, from the City Center Hotel Las Vegas to Atlantic Station in ATL, via Grand Wailea in Maui, and even the White House.

John is forging tomorrow in Silicon Valley, coding architecture that is sensate, adaptive, regenerative, cost-effective and healthy. With John, everything converges on the future: people, places, spaces, software, hardware and Mother Earth in all her glory. John is weaving a new story of the Internet of Climate Change, a protective web of data around the world that will solve for the planet — and humanity.

Kirk Shaffer - Executive in Residence: Focus Aviation & Aviation Driven Economic Development.

Kirk is a leader with a 35-year record of success providing strategic vision and counsel as an entrepreneurial airport executive, advocate, and regulator. “Go to” business adviser to the world’s largest airline, rental car company, aviation trade association, helicopter trade association, defense contractor, airport retail concessionaire, private hospital operator, and airports nationwide, from large hubs to designated relievers. Expert at establishing and exceeding business performance goals and objectives (profit, nonprofit, and governmental), building highly effective and collaborative teams, providing substantive advice on technical and policy issues, and inspiring people in highly performing organizations.

Two-time Presidential appointee at the Federal Aviation Administration (FAA), managing the systematic and political issues driving domestic and international civil aviation as they relate to airports. Recognized for innovative and adaptive leadership of national organizations to surpass goals and expectations. Plain- spoken, engaging, authoritative communicator. Well-known for identifying and promoting diverse human talent. Expert at identifying strategic issues, formulating policies to address them, and building consensus amongst aviation stakeholders with competing priorities to successfully implement industry change. Broadly experienced with Congressional testimony and effectively interacting with other senior executives, elected officials, and the media. #7..
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Kyia Young - Senior Manager, Content & Digital Strategy Kyia is Seer’s Senior Manager of Content & Digital Strategy. With a background in sports, entertainment management and marketing, she utilizes the tools and expertise gained at the University of Louisiana at Lafayette, Clark Atlanta University, and Louisiana State University.

Kyia is focused on managing the integration and implementation of Clients' strategic narratives through content and editorial calendars, channel planning, publishing, tracking and generalized digital audience development.

Jackie Cruz - Marketing Assistant
Jackie is Seer’s Marketing Assistant and Content Administrator, providing support to both the Seer staff and Clients. Jackie’s curious mind makes her a voracious learner as a third-year student at Georgia State University, majoring in Marketing with a Digital Marketing concentration. #7..
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Element 1: Redevelopment Planning and Implementation Support Phase 1 - Community Engagement and Priority Gathering
Seer Discovery
The Seer discovery process focuses on gathering qualitative data and insight in the context of existing quantitative data. Seer will begin with a request for documents from the Client. The initiation of this general literature review will include any reports, research, planning or other documents deemed relevant to the creation of the Clients Element 1 desired plan.

Seer will simultaneously work with the Client to develop a ‘key constituents map’ that identifies a listing of influential individuals and entities relevant to co-development of the future master strategy. A variety of research methodologies may be implemented. Seer will lead the development and activation of that research plan with the Client. Seer will also represent the Client (where approved) to source and negotiate third party vendors or consultants to execute specialized functions of the research plan. These Client approved initiatives will be identified as pass through costs and may be billed directly to the Client or to the Client through Seer at the Clients request.

With a complete literature review and key constituent map in hand, Seer will initiate a series of forty (40), 360° interviews with internal and external perspectives. These one hour interviews are facilitated and recorded (transcripts provided to the Client at request) by Seer with the intention of identifying recurring patterns and understanding the needs and catalytic capabilities of the current state of the community, available or identified land and the future or aspirational state and its impact on economic development, housing and the overall satisfaction of Modesto residents.

The discovery process may also utilize a series of focus groups, intercept or digital surveys as well as digital ethnographic research concentrated on studying online conversation to understand the underlying patterns and attitudes of residents. The culmination of this research and assessment will be presented in an Emergent Findings report and will be presented to elected officials, city staff and residents as the Client deems fit. Following any discussion and debate, a finalized version of the Emergent Findings report will also act as the foundations for the creation of a ‘Why Modesto’ narrative related to attracting the development community and capital markets for investment.
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ELEMENT 1: Process Details
Key Constituent Mapping & Interviews [250hrs - Expected Budget $50,000] ● A detailed analysis of key influencers in the public, private and philanthropic realms. Public sector may include municipal, county, state, federal and academic entities at all levels. Private sector may include small business, mid cap and enterprise level corporations and business associations. Philanthropic sector may include charitable entities, community associations, NGO’s, family offices, the arts and other grassroots advocates.
● A detailed analysis of relevant business interests, associations, potential partners and funding sources, both public and private and opportunities for Modesto at large.
● Conduct, record, transcribe and analyze 40 constituent interviews .

General Audience Review [140hrs - Expected Budget $28,000] ● Comprehensive analysis of key audiences for the project and articulation of assumed audience motivations.
● Analysis of industry or sector competitors, threats to the build and post-build success of the masterplan or individual projects.
● Focus on the comparison between the general demographics of the DMA and the project locale to assist in articulation of potential business growth and project second and third ring positive effect.
● Review regional demographics to identify the potential to expand the planning process to include other cities in the county or to work cooperatively with neighboring counties.
● Conduct ancillary research through 2-3 focus groups or town hall style events.

Summary findings to be used to build a broader digital questionnaire for residents at large. Summarize and integrate findings with 1x1 constituent interviews to populate the Emergent Findings deliverable.

Digital Ethnographic Review (optional) [Pass Through Cost - Expected Budget $85,000] ● Digital cultural anthropological investigation of local, regional and national conversations at scale (where data is available) to establish a deeper understanding of the motivations of key audience groups (residents, developers, capital markets) at all three levels.
● Identify localized cultural nuances, taboos and existing dynamics occurring within and between political, ethnic and geolocated groups in the city and county. ● Collect heritage information to better understand local identity, binding or group affiliation elements and mechanisms for broad adoption of master planning concepts.
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Base Data Review [250hrs - Expected Budget $50,000]
● Review Client database and available owned audience for communication planning sequencing and messaging development.
● Review the City of Modesto land holdings database, city and county parcel maps, infrastructure and services planning and assessment.
● Review city approved in progress development sites for mixed use retail, office, housing, academic, leisure and entertainment as well as transportation infrastructure including road, rail and aviation.
● Review and catalog any previous approved development with long term future development or zoning restriction or protection clauses.

Program Development [250hrs - Expected Budget $50,000]
● Jointly review the Client’s goals for the project or projects and develop an initial program of potential uses in a facilitated 1 day onsite workshop. ● Prepare initial Concept Studies and Site Yield Analysis, including conceptual site plans, design scenarios which might include floor plans (where applicable), and building sections based on the pre approved design program (number of schemes and depth to be determined by the Client).
● Prepare preliminary development summary, with square footage assumptions and residential unit mix, broken out by use type (retail, office, hospitality, residential, etc.) and potential target users or adjacent benefactors. ● Explore and identify peak-demand analysis for shared-parking, per ULI guidelines ● Meet with Client to present and review preliminary design concepts, further discuss project goals, examine opportunities and constraints, discuss pros and cons of various schemes, and determine design direction for refinement. ● Prepare updated Concept Studies and Site Yield Analysis include precedent studies, conceptual site plan. Optional: include conceptual floor plans, rendered perspectives, fly-through animations, and 3D computer model to study conceptual massing.

Hourly Staff Rates
Peter Sorckoff $275.00/hr
Dave Imbach $165.00/hr
Iain Ferguson $135.00/hr
John Picard $350.00/hr
Kirk Schaffer $475.00/hr
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Jim Garfield $90.00/hr
Kyia Young $65.00/hr
Jackie Cruz $30.00/hr
Suggested Blended Agency Rate: $198.00/hr
Phase 2 - Site Analysis
Utilizing the insights gained from both the qualitative interviews, available secondary research, literature review and any necessary newly commissioned studies (housing, transportation, environmental), Seer will develop the overarching strategic narrative for development in Modesto.

Inside of that broader narrative will reside secondary, site specific analysis and selling narratives which in their makeup will contemplate neighborhood compatibility with the desire use, existing land use, environmental, infrastructure (utility, roads, sidewalks, etc.), fiscal analysis, and legal considerations (California Environmental Quality Act, Surplus Land Act).

These elements will be formative in the creation of Modesto’s strategic narrative; how it might incorporate recent master planning work and community building initiatives, county wide initiatives (Stanislaus 2030) all while informing and driving communication, public awareness campaigns, tourism and economic development content.

Seer will work with the Client to specifically define the requirements of fiscal analysis and legal consideration so the Site Analysis Report remains in complete compliance and as a viable tool for developer pursuit and framing of defined site use with developers and capital investors.

Site Analysis Process Details
Preliminary Site Yield | Feasibility Studies [120hrs - Expected Budget $24,000] ● Base Data Review, obtain from the Client and review all available documents related to core or catalytic development sites or those specifically identified by the Client. ● Site Reconnaissance, conduct a site visit with the Client to review, field-verify, and photo-document the existing conditions, identify issues, planned infrastructure or services improvement. View adjacent properties for potential positive or negative impact and discuss the implications of potential site development program on existing infrastructure (urban housing density vs. road systems etc). ● Review current land, structure and housing values and overlay current market real estate needs and by price point.
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Site Evaluation & Planning [300hrs - Expected Budget $60,000] ● Model site location against precap planning and a go/no-go matrix. Develop a go/no go criteria if one currently does not exist.
● Articulate recognized threats to the site plan, solution sets to enact if threats are manifest.
● Develop a schedule and milestones for the development process as well as profile and requirements for the ideal developer candidate firm. ● Establish a package of pre approved incentives, abatements, opportunity zone or special district subsidies.
● Assess the site in the context of current and projected municipal, public, private infrastructure spending, contemplating current and future traffic circulation, interconnectivity with existing road, rail and aviation systems. ● Forecast site saliency in the context of general economic trends and interoperability with mixed use retail, office and integrated affordable, work force and market rate housing for optimal economic diversity, impact and resilience. ● Review and consider site planning related to the preservation of natural resources, access to park systems, public gathering areas, the river and a ‘Modesto Townhall or Square where diverse communities can converge and interact. a. Circulation System Assess the traffic circulation pattern(s), including that associated with the major transportation corridors. Assess the system functionality as related to existing and future land uses. Recommend improvements, modifications, and methods to address future conditions (increased traffic, traffic and pedestrian safety, new technologies / modes, etc.). b. Economic Development Assess potential mixed-use development, and other economic development opportunities that can enhance the quality of life for area residents and the community at-large. These opportunities may include dining, entertainment, retail, industry civic centers, recreation, health centers, and others.
c. Affordable and Market-Rate Housing Development Assess potential housing development, including affordable and market rate, low-density and high-density, in alignment with neighborhood compatibility, and existing and nearby land uses. This assessment shall include the financial analysis of potential development which includes environmental, infrastructure, and legal considerations.
d. Natural Resource Preservation The Consultant will be required to consider natural resource preservation and management and to consider how potential redevelopment opportunities may impact the Tuolumne River. The Consultant will also be required to evaluate how potential redevelopment opportunities can foster a greater connection to the river, via plazas, and other public gathering spaces.

The City of Modesto, under new leadership, is preparing the foundations of strategy for a multifaceted development and revitalization plan that could include; mixed use retail districts, a tech center, Class A office space, affordable workforce and market rate housing development as well as hotel and conference space. These elements would serve as integral components for #7..
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developments capable of driving local economic growth and advancing Modesto’s vibrant and equitable community.

In Seer’s experience, large-scale developments often benefit from proximity to water, either as riverfront or lakefront. River views make it possible to create differentiated residential real estate, where premium offerings can subsidize affordable or workforce rate housing. River oriented development can also lead to boundary-breaking symbols such as pedestrian bridges over the river or highway to link downtown projects to isolated West Modesto communities and West Modesto communities to a vibrant, multifaceted downtown core. The ultimate goal, to capture the essence of what makes Modesto and the residents of Stanislaus County unique, its vision for a diversified future and how that translates through new developments while optimizing or leveraging existing infrastructure and Modesto’s heritage assets.

Hourly Staff Rates
Peter Sorckoff $275.00/hr
Dave Imbach $165.00/hr
Iain Ferguson $135.00/hr
John Picard $350.00/hr
Kirk Schaffer $475.00/hr
Jim Garfield $90.00/hr
Kyia Young $65.00/hr
Jackie Cruz $30.00/hr
Suggested Blended Agency Rate: $198.00/hr
Phase 3: Redevelopment Plan Approval: Submit, and present the site analysis and draft redevelopment plan to the stakeholders for a final opportunity to provide feedback. Following consideration and feedback from stakeholders, the plan will be submitted and presented to the Modesto City Council for consideration and approval.
[200hrs - Expected Budget $40,000]
The third phase is the tactical translation of the deliverables from phases one and two to key departments throughout the organization. Seer will draw on approved Mapping modules, such as promise, purpose and assets, to craft a compelling overarching narrative. So, while the broader organization will continue to tell their story, and all the stakeholders will continue to tell their individual stories, the narrative will allow them to naturally align and ladder up to a vision that incorporates them all.

A progressive, holistic and leveled approach to planning that places business imperatives at the center of all decisions and considerations to inform the build not vice versa. This planning model spans across four aspects and is inclusive of many constituents, models and vectors at an #7..
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enterprise level to ensure that a complete picture is captured. The findings are then translated and demonstrated through the design development process. This process will allow for a comprehensive understanding for the various constituents and will result in a cohesive visual and written narrative for placemaking, onboarding, and approval.

Hourly Staff Rates
Peter Sorckoff $275.00/hr
Dave Imbach $165.00/hr
Iain Ferguson $135.00/hr
John Picard $350.00/hr
Kirk Schaffer $475.00/hr
Jim Garfield $90.00/hr
Kyia Young $65.00/hr
Jackie Cruz $30.00/hr
Suggested Blended Agency Rate: $198.00/hr
Phase 4: Implementation: Once the plan is approved by the City Council, the selected consultant will provide project management support to the city to assist in implementing the plan, which may include: adhering to State and Federal requirements, preparing procurement related documents to solicit potential development proposals, reviewing city policies and ordinances to confer whether adjustments are required and provide any other miscellaneous support to city staff to implement the plan.
[450hrs - Expected Budget $90,000]
Initiated after formal approval of the Redevelopment Planning document in Phase 3. Seer will begin to construct a high-level go-to-market planning (GTM) document used to align the strategic narrative and all of its subordinate planning with prospect tiers and qualified targeting.

At the completion of the strategy work, Seer will provide recommendations on project positioning for potential partnerships and innovations where appropriate and applicable. With the Client’s approval, Seer will continue to represent or advise the City in negotiations with outside entities core to dimensional development. Those entities may include teams, leagues and private sector locally, regionally and nationally.

Seer, through the lens of fandom will also be prepared to provide recommendations for the Modesto City brand, identity, positioning and how that might be reinforced through traditional and non-traditional marketing, experiential tactics, messaging and channel management. #7..
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Hourly Staff Rates
Peter Sorckoff $275.00/hr
Dave Imbach $165.00/hr
Iain Ferguson $135.00/hr
John Picard $350.00/hr
Kirk Schaffer $475.00/hr
Jim Garfield $90.00/hr
Kyia Young $65.00/hr
Jackie Cruz $30.00/hr
Suggested Blended Agency Rate: $198.00/hr
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Element 2: Project Management and Implementation Support The selected Consultant will be required to provide project management and implementation support of the Downtown Master Plan, Stanislaus 2030 Blueprint, and River District Study, and provide additional support related to these projects as required by the City. This work may require periodic in-person and virtual meetings with stakeholders, City staff, preparation and submission of reports, presentations, and related assignments required to complete assigned deliverables. [750hrs - Expected Budget $150,000]
The core Seer team designated to partner with the City of Modesto is a diverse and experienced group. Peter Sorckoff will lead all facets with Jim Garfield as Account Manager and assign a local Modesto resident as Project Director. It is Seer’s position, that a local resident with long standing knowledge and relationships in the private and public sector will be vital to manage schedule, alignment and the multitude of constituents required to advance complex developments.

Peter and David Imbach will work with research partners and the City of Modesto to formulate approach, methodologies and execution of research and segmentation studies, if required.

Facilitated workshop days are an opportunity for the Seer and the City of Modesto officials to meet in person to discuss discovery/research findings, audience segments, regional competitive landscape and the translation of project deliverables against business metrics relevant to both the public and private sectors.

Go-to-Market and day-to-day operations will be led by the Project Director and Account Manager but supported by the full Seer team.

SHARE INSIGHTS, COLLABORATE, LEARN & NETWORK
Hourly Staff Rates
Peter Sorckoff $275.00/hr
Dave Imbach $165.00/hr
Iain Ferguson $135.00/hr
John Picard $350.00/hr
Kirk Schaffer $475.00/hr
Jim Garfield $90.00/hr
Kyia Young $65.00/hr
Jackie Cruz $30.00/hr
Suggested Blended Agency Rate: $198.00/hr
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Budget Forecasting
All budget forecasting is subject to revision as the scope of the projects is refined. Seer’s intent is to provide a general forecast of the hours required to execute on each section as has been explained, utilizing a blended agency rate of $198.00/hr. Seer also expects that pass-through costs of other consultants or entities will need to be discussed as an element of the broader budget. Seer has also allocated a specific budget for travel and onsite events but will work with the client to outline expectations and ultimately specificity around those events and their frequency.

Budget Summary
ELEMENT 1
Key Constituent Mapping & Interviews [250hrs - Expected Budget $50,000] General Audience Review [140hrs - Expected Budget $28,000] Digital Ethnographic Review (optional) [Expected Budget $85,000] Base Data Review [250hrs - Expected Budget $50,000]
Program Development [250hrs - Expected Budget $50,000]
Preliminary Site Yield | Feasibility Studies [120hrs - Expected Budget $24,000] Site Evaluation & Planning [300hrs - Expected Budget $60,000] Redevelopment Plan Approval [200hrs - Expected Budget $40,000] Implementation [450hrs - Expected Budget $90,000]
ELEMENT 2
Project Management and Support [750hrs - Expected Budget $150,000] Total Forecasted Hours 2710 hours
Total Forecasted Cost $542,000.00
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Project Examples (3)
Braves Master Planning and Enterprise Strategy (2019 - Present) In July 2019, Seer was presented with the opportunity to partner with Burns & McDonnell on the Truist Park Stadium Masterplan for the Atlanta Braves. The priority for the team was to contemplate revenue optimization while expanding the product array and optimizing pre built spaces. With design partner Burns & McDonnell Seer was able to deploy its linear three phase process (Discovery, Mapping, Goto Market) while taking advantage of BMcD’s fully integrated design-build organization. The outcome of Seer’s work populated a dimensionalized brief that drove design concepts, engineering and construction planning and scheduling. The reduction of gaps between design, engineering and construction optimized both schedule and budget.

The secondary imperatives of this project were to celebrate ‘neighborhoods’, improve circulation and access, better integrate amenities for larger audiences while building scarcity in other products to drive yield curves. After working to rebuild product and pricing strategies along with selling narratives across a broader enterprise level strategy the Braves were able to drive an additional $11.5M in revenue in the first year following the work. The Braves and the Battery district are now redeveloping 6 other areas of the facility and expanding the adjoining district development to the north and west sides of the stadium. #7..
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CVG International Airport (2020 - to Present)
In 2020 - 2022, Seer was invited to execute its three phase comprehensive process in addition to a quantitative and qualitative research study to establish a new strategic narrative for CVG to coincide with the organizations’ 2021-2025 strategic plan and a broader region-wide narrative for the City of Cincinnati. Seer’s work revealed that the organization had no strong pre-existing narratives purposely in the market for passengers, carriers or supporting partners. Instead, there were a number of competing storylines that borrowed from regional narratives and reimagined the future as a repeat of the past. These storylines were often in conflict with each other and created shared regional tensions that limited economic growth and resulted in significant talent churn.

The resulting Emergent Findings report explored the following themes in detail and repositioned them as opportunities for growth and the reimagination of an international airports infrastructure and primary revenue streams. The final outcome was the development of four primary new business lines.
● A hub and spoke model for vertiports, eVTOLs advanced mobility and rural air service. ● A data a service offering - compiling and collating millions of annual data points and reselling those insights to onsite partners and the model to other airports. ● An onsite applied innovation lab to test new technologies, productize and commercialize local and regional start ups.
● An onsite power generation model capable of integrating unrecyclable plastics for the creation of carbonless diesel/jet fuel, microgrid and onsite power storage to provide energy resilience for the organization as well onsite partners, carriers and other land users.

The firm summarized the findings into four themes, or perspectives, that contain the seeds of opportunity:
● Talent and Capital Deficit Perspective
● Economic Inertia Perspective
● Supply Chain Trap Perspective
● Innovation Credibility Gap Perspective
Seer found many potential themes that could be explored to fill the narrative gap. We call them platforms and pipelines. Both of these constructs were designed to create tangible points of #7..
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engagement for on-property and regional partners. They are infinitely ‘executable’ as sustainable vehicles for making the strategic vision throughout the next five years real in the market’s eyes.

They are conceived to serve CVG’s business imperatives but in doing so also speak to the identified needs of the region.

Finding #1 - Welcome to…Where Exactly?
CVG is more important to people who use it more. This is self-evident. But it’s crucial that we don’t jump to conclusions, assuming that we know how CVG is connected to the region. We often hear the phrase that CVG is the ‘front door’ to somewhere - but are we sure we know where that somewhere is located on the montal map of stakeholders, visitors, inhabitants and travelers? ● This finding relates to:
○ Create a customer-centric CVG brand and experience
○ Grow air service
Finding #2 - Environmental Rhetoric: Empty or Spacious? CVG is moving in the right direction, but they identified issues that need to be addressed. Our research partner, MotiveQuest, found that car rental problems are top of mind - with Baltimore being the worst. The second priority is the focus on carriers and fares means that parking, security, logistics, and food account for a smaller percentage of conversation than peer airports. ● This finding relates to:
○ Create a customer-centric CVG brand and experience
○ Grow air service
○ Fuel performance via operational excellence
○ Leverage venture, partnerships and collaboration
○ Ensure financial stability
Finding #3 - For Business, Pleasure or B-leisure?
CVG advocates are attracted by the story of lower airfares and more destinations with low-cost airlines. CVG made this story real with hybrid five-year deals, like the one that brought Southwest on board. Our search trend overview shows that CVG is aligned with ‘cheap flights, Frontier and Allegiant.’ This was an open door that was pushed wider. ● This finding relates to:
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○ Create a customer-centric CVG brand and experience
○ Grow air service
○ Fuel performance via operational excellence
○ Leverage venture, partnerships and collaborations
Finding #4 - The Goldilocks Story May Not Always Gold
In many different forms, we heard the Goldilocks story loud and clear. CVG’s weather is just perfect - America’s sweet spot. The Cincinnati region is perfectly situated East/West/North/South to quickly reach the majority of US population centers. The city is not too big and not too small.

Flight times and schedules are acceptable. CVG and Cincinnati are stable and safe - and that’s attractive to a certain kind of capital. But, it may dampen enthusiasm from start-up talent (and its associated capital) looking for a narrative of bootstrapping and openness to risk. ● This finding relates to:
○ Create a customer-centric CVG brand and experience
○ Grow air service
○ Leverage venture, partnerships and collaborations
Finding #5 - Airport City or City Airport?
There was a strong sense that the region could become the ‘logistics superhighway of the USA.’ The arrival of Amazon will add heft to those storylines. There were, in contrast, strong concerns that even this regional story is a ‘one-note solo’ that won’t properly reflect the spectrum of potential in the region, narrowing the capital base and pigeon-holding the workforce. ● This finding relates to:
○ Create a customer-centric CVG brand and experience
○ Grow air service
○ Fuel performance via operational excellence
○ Leverage venture, partnerships and collaborations
○ Ensure financial stability
These findings work together to produce information from quantitative and qualitative data through discovery interviews, desk research, and research provided by our partner firm, MotiveQuest. Strands, on the other hand, produce solutions to each finding on how CVG can make them an attainable reality.
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STRATEGIC NARRATIVE STRANDS
Strand #1 - Be brand Cincinnati and Friction is your Friend Cincinnati’s lack of a clear identity is the touchstone to much of the region’s internal tensions. The inability to succinctly describe Cincinnati has also left it insecure about its national identity. Delta still holds a large amount of influence on today’s regional narrative because it was so central to the past and because no new stronger narrative has replaced it. Is it CVG’s job to define the identity of a region? Our answer is no. But, it is our belief that if CVG was in fact able to do so, it would lay claim to a powerful new position in the ecosystem.

Strand #2 - Passengers Move the Economic Wheel
Passenger traffic is integral to the five-year plan for good reason - it is symbolic of what an airport means to a region - how many flights, how many destinations. Passenger traffic is symbolic (and core to the narrative) of growth, connectedness and economic health.

Strand #3 - Don’t be Afraid to Talk about your Feelings The depth of trust amongst the CVG team and the people that work closely with them describe staff as being effective leaders with efficient management skills. The depth of this trust and its correlation to competence should not be underestimated - which are strong qualities to have to bring the next five-year plan to fruition.

Strand #4 - The Entrepreneurial Mindset
There is a natural connection between this mindset and our aspirations in the innovation space.

Entrepreneurs are capable of recognizing and leveraging pre-existing market opportunities. It’s this mindset that will truly allow us to act as the transformer to the region…and why risk shouldn’t prevent us from thinking big.

Strand #5 - Embrace being Home and Stability
The new ingredient in home is to embrace the paradox of CVG - it is home for people, products and ideas that are in constant motion. A home for people who are not afraid to move. #7..
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Strand #6 - A Talent Pipeline and Developmental System
The Oxford Municipal airport is a bigger opportunity than meets the eye. Oxford is a great opportunity for CVG to extend its management expertise, and an excellent developmental training ground for middle managers to hone their skills and build experience. We also assume it is likely the first site in a new CVG network.

Strand #7 - Advanced Mobility, CVG Constantly in Motion The notion of transportation is evolving exponentially and CVG can stand in the middle of it all.

First river, rail, road, runway, and now eVTOLs, drones, hyperloops, starships, fast-mover barges:
it’s all happening in some form in the region - we are the entity to aggregate and organize it. This is how we keep a balanced economy, assuage the fears of distribution center saturation, and hedge against an economic future that could be vulnerable to automation.

Strand # 8 - Innovation as a Living Lab for Applied Research The Living Lab is a place to launch a consulting practice. It's a product demonstration showroom where we can scale emerging technologies. The Living Lab will be a platform: a flexible structure for engagement, for testing, for productization, for commercialization and for working together across disciples. This is an airport lab. This will be integral to the economic wheel of travel.

CVG’s relationship with Seer stands as an ‘active client,’ furthering these findings and turning them into actionable deliverables. The firm partnered with CVG and Kentucky General Aviation Airport for master planning, consultation, and ongoing support. CVG’s forecasted economic impact for 2021 was $5B but had already grown over $7B by 2021. We believe this to be remarkable when considering the negative implications of the pandemic on the aviation sector. #7..
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Fanatics (2021 - 2022)
As a data and e-commerce platform with a $34B valuation, Fanatics strives to not only provide products and services in a B2C and D2C environment but also to engage in B2B relationships to support and expand their business imperatives. The Seer team was hired to contemplate new business lines and to research internal and external perspectives on the Internal Venue teams working practices and brand identity: its perceived value to Fanatics and client teams, operational and organizational growth opportunities, and its current relationship with the broader Fanatics enterprise. The firm’s three phase process and unique qualitative methodology provided findings that helped inform brand and sales strategies for new platforms and programs to drive new and incremental business while improving client renewal rates within existing staffing, resources, and organizational parameters.

We broke our research up into two categories: internal and external with suggestions for each.

Each internal finding is what affects the business and internal staff. External findings are what would affect or what is currently affecting consumers and Fanatics’ clients. We concluded each finding with areas of strategic suggestions - similar to the ‘strands’ included in the CVG case study.

Internal findings were grouped in the following:
● Divergent Priorities of E-Comm and Brick and Mortar
● High Demand, Low Resources
● Divergent Perspectives on Brand Expression
● Multidimensional Opportunity, Unidimensional Focus
External findings included:
● Client Expectation Creep
● Market Confusion by Organization’s expansion to Gaming ● Mismatch of Scale & Customization
Strategic suggestions for moving forward:
● Broaden Brand Articulation Internally
● Broaden Brand Awareness and Relevance Externally
● Unify and Productize Data for a Unified Commerce Experience #7..
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● Establish the Entity as Thought Leaders for Fandom and Fashion ● Explore New Contract Models to Deliver a Broader Scope of Services Based on our suggestions, Fanatics has implemented the following platforms and programs internally:
● Members - only capsule collection and renewal program ○ Team Personnel Target: CRO, CMO, SVP Ticketing, Director, Membership & Retention, Director Premium Sales
○ Revenue Stream: Ticketing - Membership Sales & Retention ○ Platform Description:
■ The Membership Capsule Collection is a small, customized and curated retail line developed specifically as an incentive for membership and FSE renewal campaigns.
■ The goods in this collection should be unique and unlike anything available in the team shop or online. Products in the collection might utilize silhouettes from oncourt/field brands like Nike, Adidas, or collaborations with smaller niche brands (Mitchell & Ness) to drive perceived value.

Design work can originate with the team, local designers or be deferred to Fanatics or a Fanatics selected outside resource.
○ BETA Client Teams: New Jersey Devils, Golden State Warriors, Monumental Sports, Pittsburgh Pirates, Indianapolis Colts
● Member bundled hard and soft services (NFT & Jersey/Soft Goods) ○ Team Personnel Target: CRO, CMO, SVP Ticketing, Director, Membership & Retention, Director Premium Sales, Director, Group Sales ○ Revenue Stream: Ticketing - Membership Sales & Retention, Premium Sales, Group Sales
○ Platform Description:
■ The NFT and Jersey platform is one example of a digital and hard good bundle that could be packaged and utilized by teams to meet a variety of business imperatives. New membership/FSE campaigns could position a limited number of bundles with specific seating locations or ticketing product types.
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■ This platform might be further augmented with the Fanatics Jersey Assurance program, providing additional value to the teams most important customers and could be a new adjacent product Fanatics offers IVR client Membership Services teams - Jersey Assurance+.
○ BETA Client Teams: Golden State Warriors, Atlanta Falcons, New Jersey Devils, Pittsburgh Pirates, Indianapolis Colts
● Fanatics DAS (Data as a Service)
○ Team Personnel Target: CRO, CMO, SVP Ticketing, VP Business Intelligence, Facilities President, VP Bookings
○ Revenue Stream: Team Ticketing - Membership Sales & Retention, Group Sales, Individual Sales, Facilities Event Bookings, Sponsorship - New Business ○ Platform Description:
■ The Fanatics Data as a service offering productizes specific data sets (actualized insights) for targeted team pain points and business imperatives in the ticketing, sponsorship and facilities booking space. Fantelligence is a fledgling product that could be scaled as a portal to offer teams unified (e-comm and IVR) datasets for direct response campaigns driving new membership/FSE, group and individual sales.
■ Working with team business intelligence groups to create automated campaigns leveraging Fanatics 82 million data lake records for ticket sales.

A sponsor pass-through opportunity would allow client teams to offer a small group of sponsors access to the Fanatics data lake national digital campaigns. All facets of campaign management would be routed to Fanatics Partnership Solutions and Fanatics would capture 15% of gross ad spend on the platform.
○ BETA Client Teams: Brooklyn Nets, Pittsburgh Pirates, Monumental Sports ● Co - Branded Major League and Colleague Hat Program
○ Team Personnel Target: CRO, SVP Ticketing, Director, Group Sales ○ Revenue Stream: Ticketing - Group Sales
○ Platform Description:
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■ Co-branded headwear, local and regional collegiate alumni and group tickets as a single game bundle. Fanatics will offer Fanatics brand or partner headwear options with pre-cleared collegiate licensing, Teams Group Sales departments will identify local and regional collegiate alumni to target or single game events.
■ As pre-determined and targeted events, product forecasting should occur pre-season allowing ample time for procurement, manufacturing and delivery of Fanatics products. A group sales business book builder, capable of annual renewals and year over year growth with individual alumni associations. Fanatics data services (Fantelligence) might also be included for advanced targeting. Seer would also recommend co-development of this concept with the Fanatics Collegiate business unit.
○ BETA Client Teams: Monumental Sports (Wizards, Capitals), San Francisco Giants, Jacksonville Jaguars, Pittsburgh Pirates
● Sports, Music, Retail Trifecta
○ Team Personnel Target: CRO, CMO, SVP Ticketing, Director, Group Sales, Director, Marketing & Promotions, Director Fan Experience, Director, Broadcasting
○ Revenue Stream: Ticketing - Individual and Group Sales bundling individual game tickets, pre/post game concerts, customized entertainer directed retail and digital albums - leverage the Fanatics Music group
○ Platform Description:
■ This platform combines Fanatics IVR retail acumen and ecomm reach with the firm’s music and concert business line. As a product, Fanatics could offer client teams a full integrated musical performance to pair with specific games. A bundled product of game ticket, in-game musical performance, digital album and customized IVR only co-branded team/artist t-shirt or headwear.
■ This platform would be enhanced with Fanatics proprietary data sets, used to promote the bundle to both team and music/artist fans, ideal for a primary sponsor and third party retail sponsor, which could be sourced by #7..
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Fanatics Partnership Solutions or the clients’ sponsorship group. An array of ticket packages at various pricing codes could also include artist meet and greets as well as other experiential opportunities Participating artists could be routed on multi-team tours to reduce cost and scale opportunity. ○ BETA Client Teams: Indianapolis Colts, New Jersey Devils, Monumental Sports - Wizards
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References
For references, Seer has included current and former Clients, colleagues, and individuals who have lended their time and efforts to our projects and deliverables. If you would like to get in touch with any of the following individuals, please feel free to reach out to Seer so we can assist with scheduling.

Name Title Email
Derek Schiller CEO of Atlanta Braves [email protected] Brian Cobb Chief Innovation Officer, CVG
International Airport
[email protected]
Melissa Wideman Vice President ESG Initiatives
at Cincinnati/Northern
Kentucky International Airport
[email protected]
Ed O’Brien SVP, Business Strategy,
Fanatics
[email protected]
Jeff Sitner Former Principal Practice Lead,
Burns & McDonnell
[email protected]
Description of services provided:

Atlanta Braves - Enterprise - level strategy, master planning, and brand identity CVG International Airport- Enterprise - level strategy, brand identity refresh, master planning and consulting
Fanatics - Establishing business lines, narrative, and brand identity Burns & McDonnell - Enterprise - level strategy, consulting, and establishing business lines #7..
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Request for Proposals
Urban Planning & Project
Management Support
Proposal Release: January 26, 2023
Proposal Due: February 17, 2023, at 4:00 pm
For any questions, you may contact Edgar Garcia, Housing and Urban Development Supervisor, via email at [email protected]
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Proposal Due Date: February 17th at 4:00 pm
Request for Proposals – Urban Planning and Project Management Support 2 Background
Throughout the last three years, the City of Modesto has worked diligently alongside public and private partners to create the Downtown Master Plan, Stanislaus 2030 Blueprint, and the Modesto Renewal & Diversification Project (River District Study). Through the preparation of these studies and planning documents, staff and consultants have engaged hundreds of residents, business owners, and nonprofits. This engagement has yielded a broad consensus across stakeholder groups regarding community challenges, strengths, and high-leverage opportunities to achieve a more vibrant community and regional economy.

With this Request for Proposals, the City intends to leverage the results from these prior studies to serve as a catalyst for the implementation of these plans with urban planning, and project management support required to achieve the deliverables identified in many of the prior studies, and provide as needed support to the City with related assignments.

Scope of Work
The City seeks to engage a consultant or firm (consultant) to provide professional consulting services, support, and comprehensive coordination throughout the planning phase into implementation. The selected consultant shall have significant experience and expertise in strategic planning, land-use planning, urban design, natural resource management, landscape architecture, and community engagement. This Request for Proposals is intended to solicit consultant support with fostering community engagement, preparing urban design scenarios, designing a strategy for several community assets, and providing support with the implementation of several key deliverables identified in previously approved studies and planning documents.

More specifically, the scope of work includes two core elements that the consultant may conduct concurrently: (1) Redevelopment Planning and Implementation Support, which requires the preparation and approval of a redevelopment plan, and subsequent implementation support for the Municipal Golf Course (Muni), and opportunity sites identified within Downtown Modesto. The second element of the scope of work is (2) Project Management and Support, which entails support with the completion and/or implementation of the deliverables outlined in the Downtown Master Plan, Stanislaus 2030 Blueprint, and River District Study, and may include other project management support as identified by City staff.

Each of which are described in further detail below:

1. Redevelopment Planning and Implementation Support
PHASE 1: Community Engagement and Priority Gathering. Complete a robust public engagement process which may include community meetings, surveys, and focus groups with stakeholders. The Consultant will analyze proposed ideas submitted by the community and prepare design scenarios for the community to visualize potential developments. Potential sites may include housing, recreation, trails, habitat preservation, commercial/economic development, and other #7..
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Proposal Due Date: February 17th at 4:00 pm
Request for Proposals – Urban Planning and Project Management Support 3 community services. The Consultant will be responsible for developing consensus with the City Council and community regarding the desired plan.

PHASE 2: Site Analysis. A site analysis that considers the priorities from the community shall be prepared and include a full assessment of neighborhood compatibility with the desire use, existing land use, environmental, infrastructure (utility, roads, sidewalks, etc.), fiscal analysis, and legal considerations (California Environmental Quality Act, Surplus Land Act).

Other requirements to be applied in the Site Analysis include the following:

Circulation System
Assess the traffic circulation pattern(s), including that associated with the major transportation corridors. Assess the system functionality as related to existing and future land uses. Recommend improvements, modifications, and methods to address future conditions (increased traffic, traffic and pedestrian safety, new technologies / modes, etc.).

Economic Development
Assess potential mixed-use development, and other economic development opportunities that can enhance the quality of life for area residents and the community at-large. These opportunities may include dining, entertainment, retail, industry civic centers, recreation, health centers, and others.

Affordable and Market-Rate Housing Development
Assess potential housing development, including affordable and marketrate, low-density and high-density, in alignment with neighborhood compatibility, and existing and nearby land uses. This assessment shall include the financial analysis of potential development which includes environmental, infrastructure, and legal considerations.

Natural Resource Preservation
The Consultant will be required to consider natural resource preservation and management and to consider how potential redevelopment opportunities may impact the Tuolumne River. The Consultant will also be required to evaluate how potential redevelopment opportunities can foster a greater connection to the river, via plazas, and other public gathering spaces.

PHASE 3: Redevelopment Plan Approval. Submit, and present the site analysis and draft redevelopment plan to the stakeholders for a final opportunity to provide feedback. Following consideration and feedback from stakeholders, the plan will be submitted and presented to the Modesto City Council for consideration and approval.
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Proposal Due Date: February 17th at 4:00 pm
Request for Proposals – Urban Planning and Project Management Support 4 PHASE 4: Implementation. Once the Plan is approved by the City Council, the selected Consultant will provide project management support to the City to assist in implementing the plan, which may include: adhering to State and Federal requirements, preparing procurement related documents to solicit potential development proposals, reviewing City policies and ordinances to confer whether adjustments are required, and providing any other miscellaneous support to City staff to implement the plan.

2. Project Management and Implementation Support
The selected Consultant will be required to provide project management and implementation support of the Downtown Master Plan, Stanislaus 2030 Blueprint, and River District Study, and provide additional support related to these projects as required by the City. This work may require periodic in-person and virtual meetings with stakeholders, City staff, preparation and submission of reports, presentations, and related assignments required to complete assigned deliverables.

Requirements and Information
This scope of work is not intended to be an exhaustive list of tasks. Rather, the City is relying on the experience and skill of the Consultant to serve as an extension of City staff in the execution of the required deliverables, as identified in the previously approved plans and studies and with assigned projects. The Consultant will be required to regularly provide a consistent and current work plan and/or schedule for each assignment, keeping in mind that the selected consultant will be required to manage multiple projects and planning phases for the duration of the contract term.

Firms submitting a proposal shall submit typed proposals demonstrating their qualifications to perform this work including a proposed methodology for the project, resumes of key staff anticipated to be involved in the project, and three (3) complete project examples performed for similarly sized organizations detailing the process/methodology, and results of the project.

Firms shall also demonstrate their qualifications, capacity, and technical experience to complete the scope; provide a detailed budget, including an hourly rate, for each phase contained in Element 1 (Redevelopment Planning and Implementation Support), and provide an hourly rate for each staff member for Element 2 (Project Management and Implementation Support); and shall also provide a minimum of five references – including the name of the primary contact person, job title, phone number, email address, and the description of services provided.

Submission Process
Interested firms may direct their questions and deliver their proposal to Edgar R. Garcia, Housing and Urban Development Supervisor, via email at [email protected] by #7..
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Proposal Due Date: February 17th at 4:00 pm
Request for Proposals – Urban Planning and Project Management Support 5 February 17th at 4:00 pm. Proposals shall be submitted as PDF files (file size permitting) or as PDF files within a Dropbox link via email.
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Evaluation Summary Sheet
Evaluation Committee Score TOTAL
Seer 88 95 97 85 96 461
Opticos 79 91 85 88 90 433
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 6, 2023
Date: February 13, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: WMH Corporation Agreement for Standiford Avenue at State Route 99 Interchange Improvement Project
CONTACT: Toby Wells, City Engineer, [email protected], 209-571-5542 DESCRIPTION:

Consider approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in a total amount not to exceed $7,095,731, and forwarding to Council for approval. (Funding Source: Streets Capital Facilities Fee and Regional Measure L funds)
STRATEGIC PLAN ELEMENT:

This action for the Standiford Avenue at State Route 99 (SR99) Interchange Improvement Project is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure. Specifically, this item supports the City’s goal to expand alternative modes of travel, improve transportation flow, and drive economic vitality.

BACKGROUND:

The Standiford Avenue at SR99 Interchange was constructed incrementally in response to changing demands and available funding over time. Now deficiencies are such that a complete overhaul is necessary to maintain flows into the future. As such, an analysis must be performed to understand the regional traffic impacts first and then look for ways to make improvements.

Staff anticipates that this could result in significant changes to local roadways, with the end result a net increase in safety and efficiency for movement of goods and services throughout the vicinity of Standiford and SR99.

The initial direction from Caltrans to staff is the SR99 overcrossing needs to be reconstructed to accommodate eight lanes of traffic on the SR99 mainline. This work is complicated by the presence of traffic signals at less than ideal spacing in the immediate vicinity of the interchange.

Interchange reconstruction and roadway realignment will be further frustrated by the presence of a major electrical substation and drainage facility in the northeast quadrant of the existing #8..
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Economic Development Committee, March 6, 2023
WMH Corporation Agreement for Standiford Avenue at SR99 Interchange Improvement Project

facility. This interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the ACE Rail System.

On September 1, 2020, by Resolution No. 2020-340, Council approved amending the Capital Improvement Project (CIP) budget in the amount of $1,098,000 for Project Initiation Document and Project Approval and Environmental Document phases for the Standiford Avenue at SR99 Interchange Improvement Project.

On September 1, 2020, by Resolution No. 2020-339, Council approved a Measure L Cooperative Agreement with Stanislaus Council of Governments (StanCOG) funding up to $1,098,000 of Measure L funds for the Project Initiation Document and Project Approval and Environmental Document phases for the Standiford Avenue at SR99 Interchange Improvement Project.

On April 6, 2021, by Resolution No. 2021-127, Council approved Cooperative Agreement with Caltrans for Project Initiation Document and Project Approval Environmental Document Phases of the Standiford Avenue at SR99 Interchange Improvement Project.

DISCUSSION:

The purpose of this project is to reduce traffic congestion, improve regional and interregional traffic operation, and enhance safety on the SR99 highway and within the vicinity of the local transportation network of the Standiford Avenue at SR99 interchange through reconstruction.

StanCOG is the designated Regional Transportation Planning Agency, the designated Metropolitan Planning Organization, and the designated Council of Governments for Stanislaus County. StanCOG has designated the Standiford at SR99 Interchange as a priority project for delivery in Measure L’s first ten years. As a Measure L regional funding priority, this project is designated to receive up to $1,098,000 of the regional project share of Measure L funds for this phase of the project. StanCOG will reimburse the City of Modesto for identified costs associated with development of this project. Per the StanCOG adopted 2022 Measure L Update, the project is allocated an additional $6,948,000 for the future Plans, Specifications and Estimate (PSE) phase.

The first project phase is termed the Project Initiation Document (PID) phase. This is the first formal project phase in developing a solution for a specific transportation problem. The outcome of the project initiation process is a document that establishes a well-defined purpose-and-need statement, proposed project scope tied to a reliable cost estimate, and a schedule. Additionally, the use of State funds for capital improvements on the State Highway System (SHS) requires an approved PID. Any major work on the State Highway System regardless of how it is funded requires an approved PID.

The PID is a technical engineering report that documents the scope, cost, and schedule of a project. The PID is the product of the project scoping effort, becomes the record of the purposeand-need for the project, and it defines the approach that will be taken to meet or reduce transportation deficiencies. The PID is a record of the existing information, initial assumptions, identified risks, and constraints that generated the development of the project work plan. The PID is used to obtain approval for inclusion of a project into a programming document or to get conceptual approval by Caltrans as a project-funded-by-others. #8..
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Economic Development Committee, March 6, 2023
WMH Corporation Agreement for Standiford Avenue at SR99 Interchange Improvement Project

Caltrans requires development of a PID prior to approval to begin the environmental project phase or PA&ED. The Project Approval and Environmental Document (PA&ED) phase develops and establishes the State and Federal approvals necessary for the project to move to the final PS&E project phase. Approval of the PID, PA&ED, and PS&E phases are all milestone events that provide the basis for funding of subsequent phases concluding with the construction phase.

Committee approval of the proposed WMH Design Services Agreement is the first step towards Council approval and progression of the study and reconstruction of the Standiford Avenue at SR99 Interchange Improvement Project.

Following Council approval of the Agreement, staff will initiate the PID/PA&ED process with the consultant for those specific engineering services with the end result producing an approved Project Report and Environmental Document. When these first Project phases have been completed, staff will again return to Council with a recommendation for funding final design services that are required to produce a constructable set of plans and specifications.

On May 20, 2022, Staff solicited proposals to consultants for the Standiford Avenue at SR99 Interchange Improvement Project in compliance with Modesto Municipal Code section 8-3.401 – 8-3.404. The scope of design services includes:
 Project Management
 Project Initiation
 Project Approval and Environmental Document
 Survey/Mapping
 Right of Way Support
 Public Outreach
On August 2, 2022, five consulting firms submitted proposals. These proposals were received and evaluated based on the following qualifications: Project Understanding; Project Approach; Qualified Staffing; Prior Experience; Innovation; and Familiarity with State and Federal Project Compliance. The five submittals were reviewed by a multi-jurisdictional panel comprised of representatives from the City, Stanislaus County, and Caltrans. The proposals were ranked as follows:
1) WMH Corporation, San Jose
2) Kimley-Horn, Sacramento
3) AECOM, Sacramento
4) Michael Baker, Rancho Cordova
5) TYLIN International, Sacramento
On September 23, 2022, the three top-ranked firms were interviewed with ranking as shown below. This procurement is special in that it provides for the selection of two independent teams who will be tasked with Interchange Reconstruction Design. The first team is tasked with design of the Standiford Avenue at SR99 Interchange Improvement Project. Once a firm is chosen by Council, the staff will enter cost negotiations with the next highest rated proposing firm. When that process is completed, staff will again seek Council approval for design services for the SR99 at Briggsmore Interchange Reconstruction Project.
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Economic Development Committee, March 6, 2023
WMH Corporation Agreement for Standiford Avenue at SR99 Interchange Improvement Project

Standiford Avenue at SR99 Interchange Improvement Project / Consultant Ranking 1) WMH Corporation, San Jose
2) AECOM, Sacramento
3) Kimley-Horn, Sacramento
WMH’s initial cost proposal estimate was $5.5 Million. This cost proposal provided staffing resources for a Project that followed a Mitigated Negative Declaration approval with a 33-month duration. Due to the size, scope and potential impacts of the project, staff recommends anticipating the project will follow a more time intensive path via approval of an EIR/EIS document with a 39-month duration.

After a series of negotiation meetings, City staff and WMH agreed on a cost proposal of $6,450,665 for the identified scope of work. In addition to $6,450,665, staff recommends approval of a contingency budget of up to $645,066 for additional services if needed. Per the contract, the City Manager will have the authority to approve these additional services up to, but not to exceed $645,066. Any additional services above the $645,066 would require an amendment and City Council approval.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. Staff proceeded through a Request For Proposal (RFP) process pursuant to Administrative Directive 3.1. Staff recommends approval of the agreement with WMH Corporation for the Standiford Avenue at SR99 Interchange Improvement Project.

Current Schedule (approximate): Date:

Project Initiation Document September 2023
PA&ED (Mitigated Negative Declaration) October 2025
PA&ED (EIR/EIS) April 2026
PS&E August 2028
Right of way Certification August 2028
Ready-to-List 2029
Approved Construction Contract (June 2029) 2029
Project Completion 2031
FISCAL IMPACT:

This Project is included in the City’s Capital Facilities Fee (CFF) program. It is also included in the Measure L Strategic Plan managed by StanCOG. These initial phases of the project are supported by a combination of funding from both Measure L and CFF. The Project #101182 currently has $2,500,000 of CFF funds budgeted and $1,098,000 via Measure L Cooperative Agreement for the initial phase of work. The expenses for this project will be tracked in Oracle Project #101182 – Standiford SR-99 Interchange. The CFF program includes $16,936,923 for the Standiford/Beckwith Interchange at SR-99. Staff will request additional budget allocation from the CFF program of approximately $3,500,000 with the City Council item to fully fund this phase of the project.
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Economic Development Committee, March 6, 2023
WMH Corporation Agreement for Standiford Avenue at SR99 Interchange Improvement Project

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and forwarding to Council for approval.

Approved by:

Jessica Hill, Interim Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. WMH Corporation Agreement

2. Appendix A: Required Scope of Work and Deliverables

3. Appendix H: Cost Proposal
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WMH Corporation A-1 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project

AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR
STANDIFORD AVENUE AT STATE ROUTE 99 INTERCHANGE IMPROVEMENT PROJECT

ARTICLE I RECITALS
A. THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ________ day of ________, 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and WMH Corporation, hereinafter referred to as "CONSULTANT".
a. For the Administration of this contract, Contract Administrator will be City Project Manager. b. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated February 8, 2023. The approved CONSULTANT’s Cost Proposal is attached hereto “Appendix H: Cost Proposal” and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of CITY, as determined by a Court of competent jurisdiction. Consultant agrees to reimburse City its reasonable defense costs caused by Consultant’s negligence not to exceed its proportionate percentage of fault and as awarded by a court or arbitrator of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel.

CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds #8..
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WMH Corporation A-2 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project CITY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the CITY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the CITY.

H. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

CONSULTANT shall provide a Baseline Milestone Schedule showing progress from Project beginning through completion of the PA&ED Phase. Said Baseline Milestone Schedule shall be updated monthly and submitted along with progress payment requests. Monthly updated schedules shall contrast current progress against the Baseline Milestone Schedule projection.

An Engineering Performance and Progress Report (EPPR) shall also accompany progress payment requests. EPPR shall show present earned value status against baseline predicted progress. Any deviation of present project completion from the projected Baseline Milestone Schedule progress will be explained along with a recovery plan to bring progress into symmetry with projected Baseline Milestone Schedule performance. All Baseline Milestone Schedule completion dates shall be met.

B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference). #8..
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WMH Corporation A-3 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project B. Right of Way:

Right of Way study and analysis as required to complete the PID/PAED phases.

C. Surveys:

Consultant will perform Preliminary Engineering Survey as necessary to complete the PID/PAED phases of the PROJECT
D. Subsurface Investigations:

Not Applicable to this Agreement
E. CITY Obligations:

City will provide: all existing traffic data, results from regional traffic corridor feasibility study when available, and access to the traffic engineering team.

F. Conferences, Site Visits, Inspection of Work:

This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the CITY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings:

Not Applicable to this Agreement
H. CONSULTANT Services During Construction:

Not Applicable to this Agreement
I. Documentation and Schedules:

CONSULTANT shall provide documentation and schedules as required to complete the PID/PAED phases of the PROJECT.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on April 4, 2023, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY’S Contract Administrator.

The AGREEMENT shall end on July 31, 2026, unless extended by AGREEMENT amendment.

B. TERM OF AGREEMENT: The term of agreement is specified herein as thirty-three (33) months from Notice to Proceed for a Mitigated Negative Declaration and thirty-nine (39) months for an EIR/EIS for this procurement. This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as “APPENDIX A:

REQUIRED SCOPE OF WORK AND DELIVERABLES" and made a part hereof. City hereby gives #8..
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WMH Corporation A-4 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project Consultant notice to proceed with the preparation of the project in the manner described in “APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES" as of the Effective Date of this AGREEMENT. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in “APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES."
C. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $521,588.00.

The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. #8..
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WMH Corporation A-5 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Project Manager at the following address:

City of Modesto
Attn: John Rawles
P.O. Box 642
Modesto, CA, 95353
I. The total amount payable by CITY including the fixed fee shall not exceed $6,450,664.10, except that additional services may be compensated as described below.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $645,066.00. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Appendix H: Cost Proposal and may not exceed the amount requested and approved in writing by the City Manager.

In that event, the new total compensation shall not exceed $7,095,730.10. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in ARTICLE V, Paragraph A of this agreement.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION OF AGREEMENT
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
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WMH Corporation A-6 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work; h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council.

The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
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WMH Corporation A-7 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit #8..
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WMH Corporation A-8 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines is received and approved by IOAI.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT’s #8..
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WMH Corporation A-9 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than One Hundred Fifty (150) percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of Two (2) percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

No retainage will be held by the CITY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within fifteen (15) days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide #8..
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WMH Corporation A-10 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two (2) years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and #8..
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WMH Corporation A-11 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with #8..
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WMH Corporation A-12 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code.

The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
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WMH Corporation A-13 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.

CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has #8..
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WMH Corporation A-14 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical #8..
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WMH Corporation A-15 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
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WMH Corporation A-16 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility.

Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The CITY shows a contract goal for DBEs.

CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe- search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve #8..
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WMH Corporation A-17 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 8.79%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY’s written consent.

CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY.

Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.

The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.
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WMH Corporation A-18 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The CITY determines other documented good cause.

CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials should not occur.

CONSULTANT’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from CONSULTANT to the DBE regarding the request.

3. Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The CITY shall request CONSULTANT to:

1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
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WMH Corporation A-19 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted.

The CITY will release the withhold upon submission of the completed form.

In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days. #8..
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WMH Corporation A-20 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE REQUIREMENTS
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by PINS Insurance Program, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and #8..
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WMH Corporation A-21 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after fortyfive (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
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WMH Corporation A-22 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Contract Administrator and City Engineer, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk. #8..
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WMH Corporation A-23 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.

E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City #8..
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WMH Corporation A-24 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT FROM THE CITY TO CONSULTANT The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the #8..
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WMH Corporation A-25 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 #8..
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WMH Corporation A-26 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT: WMH Corporation
William Hadaya, PE, President & CEO
55 S. Market Street, Suite 1200
San Jose, CA 95113
Phone: (408) 971-7300
CITY: City of Modesto
John Rawles, Project Manager
1010 Tenth Street, Suite 3100
Modesto, CA 95354
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WMH Corporation A-27 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project Or Mail to: P.O. Box 642, Modesto CA 95353
Phone: (209) 577-5253

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the _______ day of _________________, 2023, and CONSULTANT, has caused this AGREEMENT to be duly executed in duplicate.
(Signatures on next page)
2/7/2023 Reviewed by PH
5206973.1
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APPENDIX A
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES

INTRODUCTION
The City of Modesto is the sponsor for the SR99 at Standiford Avenue/Beckwith Road Interchange Improvement Project (Herein after referred to as Standiford Road Interchange Project) and intends to retain professional engineering services for the PID and PA&ED Phases of the Project. The Project will be implemented by City of Modesto; however, there will be considerable coordination with Project stakeholders including FHWA, Caltrans, StanCOG, and Stanislaus County. Consultant will serve as City of Modesto’s development implementation and delivery team by providing technical and engineering services, including but not limited to, project management, environmental, hydraulics, traffic analysis, structural, outreach, design, and right-of-way, and other support services as required. Consultant’s team will integrate seamlessly with City’s Project Team which may include consultants and City management team members to ensure the successful delivery of the Project Environmental Document.

The Project includes improvements to the interchange along SR99 at Standiford Avenue ranging from operational improvements to the ramps to complete replacement of the overcrossing structures to relieve freeway and interchange congestion, enhance safety, improve business access and provide new pedestrian and bicycle paths along the north and south side of the crossing structures.

City of Modesto intends to conduct a Traffic Engineering Corridor analysis and feasibility study for the State Route 99 corridor as a separate contract endeavor. This study will include SR99 at Standiford Avenue and SR99 at Briggsmore Road interchanges along with approximately 10 signalized intersections within the sphere of influence for each interchange. This study will also analyze traffic at the SR99/Kansas Interchange to the south and the SR99/Pelandale Interchange to the north. Traffic subconsultants engaged under this Interchange PID/PAED contract will not be precluded from proposing on the separate Traffic Engineering Corridor study.

The objective of this Interchange RFP is to obtain an approved PID and PA&ED package for the Project.

The Consultant is encouraged to deliver the Project as expeditiously as possible, including advancement of environmental activities during the PID phase, to position the Project to be competitive for discretionary funding opportunities at the regional, state, and federal level.

The SR99/Standiford Interchange has been constructed in a piecemeal manner in response to changing demands and available funding over time. Now deficiencies are such that a complete overhaul is necessary to maintain flows into the future. As such an analysis must be performed to understand the Traffic Engineering first and then look for ways to make improvements. The City understands that this could result in radical changes impacting businesses and the local roadways, and is looking for innovation in moving the design forward for the future.

Initial thought is that the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline. This work is complicated by the presence of local traffic signals at less than ideal spacing in the immediate vicinity of the interchange. Interchange reconstruction and local roadway realignment will be further frustrated by the presence of a major electrical substation and drainage facility in the NE quadrant. This interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the ACE Rail system. There are significant political entities that will likely oppose some or all proposed design elements. Successful proposers will advise the City on the best plan of action to address impacts of design to major retail businesses, as well as future expansion and development of the areas west of the interchange. Consultant’s task will be to successfully navigate these #8..
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
issues to meet the schedule delivery as requested.

SCOPE OF WORK
The Consultant shall be familiar with and will be responsible for providing and performing all activities necessary to successfully deliver the Project through the Caltrans PID and PA&ED phases. The Consultant should identify and explain the necessity for any additional tasks not within the scope of services detailed below, including any modified assumptions, required in order to successfully deliver PID and PA&ED packages. The key elements to deliver from the scope of services are as follows:
• Project Management
• PSR-PDS
• Draft & Final Environmental Document
• Draft & Final Project Report
• Approved CEQA and NEPA Environmental Document
TASK 1: PROJECT MANAGEMENT
This task includes all work by the Consultant to effectively manage the scope, cost, and schedule of the Project. This may include but is not limited to the following activities and deliverables identified below:

A. Contract Administration:

1. Prepare and submit monthly progress reports and invoices in conformance with Sample Contract Appendix C (Consultant Payment Request Form).

2. Coordinate its in-house design staff and subconsultants to assure free and timely flow of information for each task activity.

3. Manage contract costs.

B. Project Control:

1. Prepare and obtain consensus for a Project Implementation Plan that describes the overall project methodology approach and assumptions and documentation requirements to complete PA&ED.

2. Prepare a detailed CPM milestone schedule, and submit an updated electronic file schedule on a quarterly or as-requested basis. Prepare, update, and submit a four-week Horizon Schedule at the regular PDT progress meetings.

3. Develop and maintain a QA/QC Program.

4. Prepare and update a project Engineering Project Performance Report (EPPR) that tracks actual schedule progress against baseline targeted goals.

5. Maintain project records.

6. Prepare and maintain a Risk Management Plan.

C. Project Communications:

1. Prepare and submit correspondence and memos, including all meeting minutes.

2. Maintain project factsheet, web-page information, or other public materials to update the public and elected officials of project progress.

3. Support and prepare materials such as maps and drawings as may be requested for meetings #8..
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
beyond those dictated as part of the environmental process including but not limited to:

City presentations, Technical Advisory Committees, and other stakeholders.

D. Project Meetings:

1. Initiate and conduct monthly PDT (first to begin two months from NTP).

2. Coordination meetings as may be required to obtain required deliverables.

TASK 2: DEVELOP PSR-PDS
Consultant will investigate build alternatives and a No-build condition to provide traffic congestion relief and travel reliability in the corridor. The result of this task will be an approved PSR-PDS to enable an informed decision by the Project stakeholders to proceed toward Project approval. This task may include but is not limited to the following activities and deliverables identified below:

A. Develop general design concepts and related activities needed to establish the basis for final design including: Geometrics, Hydraulics, Bridge, Landscape Architecture, Traffic Electrical, Traffic Operation and Communications.

B. Collect and review all relevant mapping, reports and other information including site visits and field reviews to verify project features to support preliminary engineering design, cost estimates, right of way impacts, and environmental clearances.

C. Evaluate multi-modal elements including Bike, Pedestrian, and Mass Transit modes.

D. Prepare all necessary documents and other information to complete PSR-PDS and supporting documentation in accordance with Caltrans latest PDPM.

E. Develop a minimum of three design alternatives (variations) and the supporting documentation.

F. Determine the right of way, utilities easements, order of magnitude cost estimates and permit, agreements and license requirements for each of the design variations.

G. Prepare required reports to document various studies and design elements for value engineering opportunities, addressing those elements where it may appear that significant cost savings or other advantages can be realized.

H. Prepare a Draft PSR-PDS, and circulate to participating agencies and other interested parties for review, comment and ultimate approval.

TASK 3: DRAFT PROJECT REPORT & FINAL PROJECT REPORT
This Task includes all work necessary to prepare and obtain an approved Project Report for the Project. Caltrans will approve the Project Report following approval of the environmental document. This task may include but is not limited to the following activities and deliverables identified below:

A. Prepare Traffic Studies: includes researching, reviewing and updating existing traffic data, collecting and analyzing new data, running traffic models, preparing traffic forecasts and traffic operational analysis along with all the necessary supporting documentation. Consultant will use methodology, software and techniques accepted by Caltrans and CITY.

1. The lane opening year is assumed to be year 2030. Consultant will collect traffic data for all the intersections in the immediate vicinity of the SR99/Standiford Avenue Interchange. This includes significant commercial driveway entrance/exit connections at the Vintage Faire shopping Mall and adjacent area strip malls. A more comprehensive #8..
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
study and analysis of the SR99 corridor between Standiford and Briggsmore interchanges will be provided by the Traffic Corridor Study consultant team.

2. Existing Conditions Analysis: Build two-hour AM and PM peak period models for SR99/Standiford Interchange for the limits presented above.

3. Traffic Forecasts/Modeling: Consultant should utilize the latest available data from the County’s Travel Demand Forecasting (TDF) models to develop Year 2045 AM and PM peak hour traffic forecasts based on land use assumptions from the City Land Use and Transportation Elements (LUTE). Forecasts will be prepared for the SR99 mainline and the study intersections.

B. Perform Preliminary Engineering: Includes compiling and reviewing existing data pertinent to the Project, planning activities, identifying and requesting supplemental information and surveys, establishing coordination with any adjacent projects, obtaining information and requirements for utilities, right-of-way and permits, defining and refining the study alternative, preparing base mapping, developing preliminary utility impacts, and preparing the preliminary cost estimate:

1. Data Collection and Review: Consultant should obtain and review available data and information necessary for planning and preliminary engineering of the Project. The information may be obtained from City of Modesto, Caltrans, local agencies, utility owners, and other agencies and organizations.

2. Permits: Consultant will secure permits from the appropriate entities to obtain physical access, as may be required, to confirm site conditions.

3. Base Mapping: Prepare mapping suitable for the PA&ED and with expanded details for potential use in the final design of the Project. Mapping shall be prepared in a format consistent with Caltrans drafting standards.

4. Develop Alternatives: Consultant should incorporate Complete Streets Concepts, Context Sensitive Solutions, and other urban design concepts as applicable.

5. Preliminary Cost Estimate: The preliminary cost estimate will be prepared in Caltrans DPR/PR format.

TASK 4: CEQA AND NEPA ENVIRONMENTAL DOCUMENT
This task includes all work necessary to prepare and obtain approval of the environmental document including but not limited to preparing environmental technical studies, defining the type of environmental document, preparing and circulating the documents, and public outreach.

Caltrans will be the lead agency for both CEQA and NEPA compliance. For State environmental clearance under CEQA, this Project is expected to require an Impact Statement. For Federal environmental clearance under NEPA, this Project is expected to require an Environmental Assessment.

The Consultant should expect to prepare a combined IS/EA. The determination of the actual CEQA and NEPA document type will be made based on consultation with Caltrans, City of Modesto and the PDT.

Consultant shall assume two revisions of the administrative draft prior to preparing the public draft for distribution and two iterations of the administrative final IS/EA prior to preparing the final document for environmental clearance. As such, this scope assumes that revisions will be minor to moderate and will not require additional or new analysis.

A. Environmental technical studies will be prepared in accordance with guidance from Caltrans SER and input from relevant resource agencies and local jurisdictions.

B. In accordance with Caltrans guidelines, the technical studies must be completed and approved by #8..
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
Caltrans staff prior to the commencement of the environmental document.

C. An administrative draft of each technical study will be submitted to Caltrans for review.

D. It is assumed that a comment/resolution matrix will accompany comments from Caltrans, so that a record of requested revisions is available for each technical study.

E. The technical studies will be revised per Caltrans comments and a completed matrix indicating how comments have been addressed will be provided.

F. Individual meetings with Caltrans reviewers will be held to address unresolved comments followed by the preparation of a final version of the technical study. It is assumed that Caltrans will review the document on behalf of FHWA under the NEPA delegation agreement and no separate FHWA NEPA review will be required.

G. Following Caltrans District Approval of the Draft IS/EA, copies (hard copy and electronic) will be prepared for circulation.

H. Consultant should prepare the Notice of Completion and deliver 15 copies to the State Clearinghouse.

Notice of Availability in a local newspaper of general circulation will start the public review period for the Draft IS/EA. A PDF version of the Draft IS/EA also will be prepared for posting on the City of Modesto and Caltrans websites.

I. Written comments and responses from the public circulation shall be prepared. It is assumed that all comments can be addressed through revisions to the Draft IS/EA and that no technical studies shall require updates or changes.

J. Comments and Final IS/EA: Two (2) reviews of the Final IS/EA are assumed prior to Caltrans acceptance.

K. Public Outreach: Public involvement activities during the PA&ED phase will meet the requirements of CEQA/NEPA, Caltrans and City of Modesto procedures.

DELIVERABLES AND REVIEW:

PROJECT DELIVERY SCHEDULE
Consultant team will provide a proposed project development schedule that meets the above timeline or provide an alternate of its own choosing.

As CEQA/NEPA lead, Caltrans will provide oversight of the preparation of the documents required for the PID and PA&ED packages. All work products and deliverables shall be prepared in accordance with the latest Caltrans regulations, policies, procedures, manuals and standards, including compliance with FHWA requirements.

Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
PID
PAED
PS&E
ROW
PS&E
ROW
Note: Phase Overlap Proposes "Design-At-Risk" Strategy
PID
PAED
YEAR 1 YEAR 2 YEAR 3 YEAR 4

INTERCHANGE DESIGN TIMELINE
PHASE
YEAR 1 YEAR 2 YEAR 3 YEAR 4
#8..
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
In case of conflict, ambiguities, discrepancies, errors or omissions among the reference materials obtained by the Consultant from other agencies, the Consultant shall submit the matter to City of Modesto for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by the Consultant before clarification by City of Modesto shall be at the Consultant's risk. Such conflicts, ambiguities, discrepancies, errors or omissions among the references shall not give rise to a claim by the Consultant for extra work unless the Consultant can demonstrate that it has incurred additional expenses as a result thereof.

All submittals of final technical reports and drawings shall be provided electronically in Adobe Acrobat PDF format or Microsoft Word format or Microsoft Word and/or Microsoft Excel format, and MicroStation format, as directed by City of Modesto. The number of required hard copy submittal shall meet Caltrans requirements. City of Modesto will require five sets of hard copies for its use.

The Consultant shall assume a minimum review time of 10 working days for City of Modesto’s review of the following documents, prior to releasing for initial review by stakeholders:

Administrative draft of PSR-PDS Administrative draft of PEAR Draft Need and Purpose Statement Draft travel model forecasts of existing and forecasted traffic Draft existing and forecasted traffic operations Administrative draft of TOAR
Administrative draft of all other environmental technical studies Draft project cost estimate Administrative draft of Design Exception Factsheets Draft public meeting displays/other meeting materials Administrative draft of IS/EA Administrative draft of Project Report Administrative draft of NOP, NOD and ROD filings.

The consultant shall assume that all other review will follow Caltrans Oversight Review timelines. #8..
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APPENDIX H
#8..
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
APPENDIX H: COST PROPOSAL
#8..
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Estimated Cost ($) Fee ($)
$ 3,507,641.07 $ 279,300.89
$ 357,665.00 $ 29,312.22
$ 405,190.63 $ 33,413.58
$ 254,671.47 $ 20,898.89
$ 143,742.28 $ 11,660.97
$ 78,012.41 $ 6,441.39
$ 527,472.21 $ 41,669.15
$ 570,368.73 $ 45,687.28
$ 116,031.79 $ 9,547.58
$ 33,893.10 $ 2,592.09
$ 67,222.27 $ 4,955.97
$ 188,817.42 $ 13,399.05
$ 199,935.72 $ 16,508.45
$ 6,450,664.10 $ 515,387.51
14%
SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project BTC

COST PROPOSAL SUMMARY
WMH Team Summary

DETAIL DESCRIPTION OF COST ELEMENTS
Firm
WMH Corporation (PRIME)
RTE
Biggs Cardosa Associates, Inc
Bennett Engineering Services Inc
H.T. Harvey & Associates
WSP

TOTAL COST
DBE %
Fehr and Peers
LSA
Parikh
Interwest
AIM Consulting
O'Dell Engineering
#8..
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Fee Schedule
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Date: February 8, 2023
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Direct Salary Rate (Average, Actual, Max) for Current Year Task 1: Project Management
Project Management and Control 766 171,017.25 $
Meeting Preparation and Attendance 1,078 258,181.58 $
Develop & Maintain a QMP and Procedures 498 98,419.73 $ Funding/Grant Support 1,232 215,256.69 $
Sub Total - Task 1 3,574 742,875.26 $
Task 2: Develop PSR-PDS

2.1 Data Collection and Review of Existing Data and Reports 449 88,126.98 $

2.2 Initial Screening 368 85,032.56 $

2.3 Preliminary Plans/Exhibits 1,361 233,544.98 $

2.4 Alternative Assessment and Summary Memorandum 296 64,407.68 $

2.5 Design Alternatives (including Structures) 1,380 263,164.78 $

2.6 Non-standard Design Features 116 29,749.64 $

2.7 Complete Streets Decision Document (PID Level) 36 $ 8,823.13

2.8 Design Checklists 108 25,691.24 $

2.9 Intersection Control Evaluation (“ICE”) 741 143,160.53 $

2.10 Traffic Engineering Performance Assessment (TEPA) 1,464 272,190.32 $

2.11 Preliminary Geotechnical Report 188 38,782.71 $

2.11 Preliminary Environmental Analysis Report (PEAR) 405 70,369.28 $

2.13 Prepare Storm Water Data Report (PID Level) 342 67,841.93 $ Item No. Description
Total
Hours
Total
Fee
1 of 3
#8..
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Fee Schedule
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Date: February 8, 2023
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Direct Salary Rate (Average, Actual, Max) for Current Year

2.14 Prepare Preliminary Right-of-Way Requirements and Utility Matrices 310 60,110.96 $

2.15 Prepare PID Level Cost Estimate 222 45,796.98 $

2.16 Draft and Final PSR-PDS including Supporting Documentation 1,142 216,093.61 $ Sub Total - Task 2 8,928 1,712,887.31 $
Task 3: Draft Project Report and Final Project Report

3.1 Traffic Analysis 1,970 353,305.97 $

3.2 Data Collection and Review and Topo Surveys 1,754 227,395.43 $

3.3 Nonstandard Design Features 548 99,041.77 $

3.4 Complete Streets Decision Document (PA/ED Level) 292 49,874.05 $

3.5 Geometric Engineering Drawings (GED) 1,120 210,887.26 $

3.6 Preliminary Engineering (15%+) and APS 5,093 926,725.09 $

3.7 Storm Water Data Report (PA/ED Level) 1,354 239,531.44 $

3.8 Preliminary Geotechnical/Materials Reports 502 92,039.12 $

3.9 Updated Right of Way Requirements and Utility Matrices 508 90,268.75 $

3.10 Preliminary Cost Estimate 508 98,861.64 $

3.11 Draft and Final PR including Supporting Documentation 2,180 397,022.86 $ Sub Total - Task 3 15,829 2,784,953.39 $
Task 4: CEQA and NEPA Environmental Document

4.1 Finalize Purpose and Need 34 $ 8,322.67

4.2 Project Description 238 39,914.82 $

4.3 Environmental Technical Studies 1,865 330,283.33 $
2 of 3
#8..
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Fee Schedule
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Date: February 8, 2023
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Direct Salary Rate (Average, Actual, Max) for Current Year

4.4 Draft and Final Environmental Document 1,722 310,277.48 $

4.5 Public Outreach 926 149,013.48 $
Sub Total - Task 4 4,785 837,811.79 $
LS Visual Renderings
LS CADD, Plotting, Reproduction (Plans, Reports, and Minutes), Fed Ex, Traffic Numbers, and Local Travel
LS Escalation Cost
Sub Total - ODC
TOTAL 33,115 $6,450,664.10
$94,997.00
$372,136.35

PRODUCTIONS OF MILESTONE DELIVERABLES/DOCUMENT MANAGEMENT $163,531.11
$113,608.24
3 of 3
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
☑Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant:

Project No. Contract No. Date 12/8/2022
Hours Total
72 $ 8,640.00
2992 $ 290,224.00
1168 $ 117,968.00
60 $ 7,200.00
60 $ 6,420.00
1216 $ 89,984.00
160 $ 10,720.00
2120 $ 144,160.00
1696 $ 84,800.00
3768 $ 192,168.00
3220 $ 135,240.00
120 $ 7,920.00
302 $ 10,268.00

LABOR COSTS
$ 1,105,712.00
$ 24,502.58
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 1,130,214.58 $

INDIRECT COSTS

36.91% ) e) Total Fringe Benefits [(c) x (d)] 417,162.20 $ 137.67% ) g) Overhead [(c) x (f)] 1,555,966.41 $

0.00% ) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 1,973,128.61 $ FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 9.00% ] 279,300.89 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Total
1500.00 cost/mile $ 840.00

1.00 LS $ 29,160.00

1.00 LS $ 94,997.00
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ 124,997.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: AIM Consulting (Public Outreach) $ 67,222.27 Subconsultant 2: Biggs Cardosa Associates, Inc (Structures) $ 405,190.63 Subconsultant 3: Bennett Engineering Services (Stormwater and Design Support) $ 254,671.47 Subconsultant 4: Barrios Transportation Consulting (Traffic Support) $ 78,012.41 Subconsultant 5: Fehr & Peers (Traffic and ICE) $ 527,472.21 Subconsultant 6: H.T. Harvey & Associates (Landscape/Placemaking) $ 143,742.28 Subconsultant 7: Interwest Consulting Group (ROW Support) $ 33,893.10 Subconsultant 8: LSA Associates, Inc. (Environmental) $ 570,368.73 Subconsultant 9: O'Dell Engineering (Surveys and Right-of-Way Engineering) $ 188,817.42 Subconsultant 10: Parikh Consultants, Inc (Geotechnical/Materials & ISA) $ 116,031.79 Subconsultant 11: Roundabouts & Traffic Engineering (Roundabout Design) $ 357,665.00 Subconsultant 12: WSP (Funding Support and Rail Coordination) $ 199,935.72 m) TOTAL SUBCONSULTANTS' COSTS 2,943,023.02 $
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 3,068,020.02 TOTAL COST [(c) + (j) + (k) + (n)] $ 6,450,664.10
NOTES:

1. 2.

3.

January 2020
Senior Staff Engineer Senior Staff Enginer $51.00
Project Admin $34.00
Staff Engineer Staff Engineer $42.00
Project Controls Project Controls $66.00
Anticipated salary increases calculation (page 2) must accompany.

TBD
Project Manager*
Caltrans Liaison Sean Charles*
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Project Engineer Project Engineer
Sr Transportation Planner Sr. Transportation Planner $50.00 Project Admin
$ 94,997.00
$ -
$ -

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS $101.00
Unit Cost
$ 0.56
$ 29,160.00
Description of Item
Mileage Costs
Reproduction (including boards, mailing, and reports)
Visual Renderings
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
$120.00
$97.00
Note: Mark-ups are Not Allowed
Name
Principal-in-Charge* William Hadaya*
Carl Gibson*
RFP 2022-11

DIRECT LABOR
Classification/Title Actual Hourly Rate
WMH Corporation
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
$68.00
Funding Advisor Will Kempton $120.00
Technical Advisor Tim Lee $107.00
Quality Manager Shawn Vogtman $67.00
Support Services Heather Anderson $74.00
#8..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
############ = $65.22 Year 1 Avg Hourly Rate
Avg Hourly
Rate
Year 1 $ 65.22 + = $67.83 Year 2 Avg Hourly Rate
Year 2 $ 67.83 + = $70.54 Year 3 Avg Hourly Rate
Year 3 $ 70.54 + = $73.36 Year 4 Avg Hourly Rate
Year 4 $ 73.36 + = $76.30 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 55.00% * = 9325 Estimated Hours Year 1
Year 2 35.00% * = 5934 Estimated Hours Year 2
Year 3 10.00% * = 1695 Estimated Hours Year 3
Year 4 0.00% * = 0 Estimated Hours Year 4
Year 5 0.00% * = 0 Estimated Hours Year 5
Total 100% = 16954
Year 1 $ 65.22 * = $ 608,141.60 Estimated Hours Year 1
Year 2 $ 67.83 * = $ 402,479.17 Estimated Hours Year 2
Year 3 $ 70.54 * = $ 119,593.81 Estimated Hours Year 3
Year 4 $ 73.36 * = $ - Estimated Hours Year 4
Year 5 * = $ - Estimated Hours Year 5
= $ 1,130,214.58
= $ 1,105,712.00
= $ 24,502.58 Transfer to Page 1
NOTES:

1. 2.

3. 4.

January 2020
9325
5934
1695
0 0
Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Estimated total of Direct Labor Salary Increase
Estimated %
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS Estimated hours
Cost per Year
(calculated above) (calculated above)

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Total Hours
per Cost Proposal per Cost Proposal
Total Hours

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 16954
4%
4%
16954
per Cost Proposal
16954
16954
16954
Total
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Completed Each Year
Proposed Escalation
4%
Direct Labor Subtotal
16954

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
4%
#8..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Title *:

Signature: Date of Certification (mm/dd/yyyy):

Email: Phone number:

Address:

List services the consultant is providing under the proposed contract:

January 2020
* 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.

Project Management, Roadway/Complete Streets Planning and Design; PID; PA/ED EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Prime Consultant or Subconsultant Certifying:
12/9/2022
Certification of Direct Costs:
408.971.7300
President
[email protected]
55 South Market St., Suite 1200, San Jose, CA 95113
William Hadaya
#8..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Subconsultant: AIM Consulting
Project No. Contract No. Date 12/7/2022
Range Hours Actual Hourly
Rate Total
Outreach Manager 36 $ 68.49 $ 2,465.64
Asst. Outreach Manager 133 $ 48.07 $ 6,393.31
Graphic Designer 42 $ 60.17 $ 2,527.14
Project Coordinator 146 $ 31.25 $ 4,562.50
Project Administrator 146 $ 25.48 $ 3,720.08

LABOR COSTS
$ 19,668.67
$ 435.86
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 20,104.53

INDIRECT COSTS

38.70% ) e) Total Fringe Benefits [(c) x (d)] 7,780.45 $

95.20% ) g) Overhead [(c) x (f)] 19,139.51 $

40.00% ) i) Gen & Admin [(c) x (h)] 8,041.81 $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 34,961.77
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 9% $ 4,955.97 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
mile $ 0.575 $ 1,200.00
$ 2,400.00
$ 2,000.00
$ 1,600.00
-$
l) TOTAL OTHER DIRECT COSTS 7,200.00 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS -$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 7,200.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 67,222.27

1. 2.

3. Consultant
Project No. Contract No. Date 12/7/2022

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year
Contract
Rate Duration
$ 19,668.67 = $ 39.10 Year 1 Avg
Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
503
Anticipated salary increases calculation (page 2) must accompany.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
AIM Consulting
SR99
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Travel / Mileage - IRS Rate
Meeting Expenses
Printed Materials
Mailing/Notifications
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Gladys Cornell
Katie DeMaio
Darlene Tran
TBD
TBD
Note: Mark-ups are Not Allowed
SR 99 -PA/ED

DIRECT LABOR
Classification/Title Name
#8..
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Avg Hourly Rate
Year 1 $ 39.10 + = $ 40.67 Year 2 Avg
Hourly Rate
Year 2 $ 40.67 + = $ 42.29 Year 3 Avg
Hourly Rate
Year 3 $ 42.29 + = $ 43.99 Year 4 Avg
Hourly Rate
Year 4 $ 43.99 + = $ 45.74 Year 5 Avg
Hourly Rate
Total Hours
per Year
Year 1 55.00% * = 276.7 Estimated
Hours Year 1
Year 2 35.00% * = 176.1 Estimated
Hours Year 2
Year 3 10.00% * = 50.3 Estimated
Hours Year 3
Year 4 0.00% * = 0.0 Estimated
Hours Year 4
Year 5 0.00% * = 0.0 Estimated
Hours Year 5
Total 100% = 503.0
Year 1 $ 39.10 * = $ 10,817.77 Estimated
Hours Year 1
Year 2 $ 40.67 * = $ 7,159.40 Estimated
Hours Year 2
Year 3 $ 42.29 * = $ 2,127.36 Estimated
Hours Year 3
Year 4 $ 43.99 * = $ - Estimated
Hours Year 4
Year 5 $ - * = $ - Estimated
Hours Year 5
= $ 20,104.53
= $ 19,668.67
= $ 435.86 Transfer to

NOTES:

1. 2.

3. 4.

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Certification of Direct Costs:

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 277
176
50 0
0 Total Direct Labor Cost with Escalation
503.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year (calculated above) (calculated above) Completed Each Year per Cost Proposal
503.0
503.0
503.0
503.0
4%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Proposed Escalation
4%
4%
4%
#8..
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All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Katie DeMaio Title *: President CEO
Signature: Date of Certification: 12/7/2022
Email: [email protected] Phone number: 916.442.1168 Address: 2523 J Street, Suite 202, Sacramento CA
List services the subconsultant is providing under the proposed contract:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice Public Engagement
#8..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant
Project No. Contract No. Date
Actual Hourly
Rate Total
Principal Eddie Barrios $                    98.84 $            31,827.00 00 $                        ‐
00 $                        ‐
00 $                        ‐
00 $                        ‐
00 $                        ‐
Total Hours
LABOR COSTS
a)  Subtotal Direct Labor Costs  $ 31,827.00
b)  Anticipated Salary Increases (see page 2 for sample)  $ 705.29 c) TOTAL DIRECT LABOR COSTS [(a)+(b)] $ 32,532.28
INDIRECT COSTS
d)  Fringe Benefits (Rate 0.00% ) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ - f)  Overhead (Rate 0.00% ) g) Overhead [(c) x (f)] $ -
h)  General and Administrative (Rate  120.00% ) i) Gen & Admin [(c) x (h)] $ 39,038.74 Safe Harbor Rate
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 39,038.74
FIXED FEE k) TOTAL FIXED FEE [(c) + (J)] x fixed fee: 9.00% $ 6,441.39 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) ‐ ITEMIZE (Add additional pages if necessary) Unit Cost TOTAL
$0.625 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
l) TOTAL OTHER DIRECT COSTS  $0.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $0.00
$0.00
$0.00
$0.00
m) TOTAL SUBCONSULTANTS' COSTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $0.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 78,012.41
Notes:
0 EXHIBIT 10‐H1 COST PROPOSAL (Page 1 of 3)
ACTUAL COST‐PLUS‐FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Barrios Transportation Consulting
RFP 2022‐11 TBD 12/7/2022
Classification/Title Name Hours
322
0 0
0 0
322
Description of Item Quantity Unit
Mileage Costs 0 Mile
Reprographics/Plotting
Permit Fees
Shipping/USPS/Courier
Other ODCs ‐ list specific costs
Other ODCs ‐ list specific costs
Other ODCs ‐ list specific costs
Other ODCs ‐ list specific costs

2.  The cost proposal format shall not be amended.  Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

3.  Anticipated salary increases calculation (page 2) must accompany.

1.  Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing age requirements must be marked with two asterisks (**).  All costs must comply with the Federal cost principles.  Subconsultants will provide their own cost proposals.

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Local Assistance Procedures Manual EXHIBIT 10-H
Cost Proposal
Consultant Contract No. Date 12/7/2022

1. Calculate average hourly rate for 1st year of contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours Avg  5 year
Subtotal Per Cost cost Proposal Hourly Contract
Proposal Rate Duration
$           31,827.00 / 322 = $             98.84 Year 1 avg Hourly rate

2. Calculate hourly rate for all years (increase the Average Hourly rate for a year by proposed escalation%) Average hourly rate Proposed Escalation
Year 1 $ 98.84 + 4% = $           Year 2 Avg Hourly Rate 102.80 Year 2 $ 102.80 + 4% = $           Year 3 Avg Hourly Rate 106.91 Year 3 $ 106.91 + 4% = $           Year 4 Avg Hourly Rate 111.18 Year 4 $ 111.18 + 4% = $           Year 5 Avg Hourly Rate 115.63

3. Calculate estimated hour per year (multiply estimate % each year by total hours) Estimated % Completed Total Hours Per Cost  Total Hours per Each year Proposal Year
Year 1 55.0% * 322 = 177.1 Estimated Hours Year 1
Year 2 35.0% * 322 = 112.7 Estimated Hours Year 2
Year 3 10.0% * 322 = 32.2 Estimated Hours Year 3
Year 4 0.0% * 322 = 0.0 Estimated Hours Year 4
Year 5 0.0% * 322 = 0.0 Estimated Hours Year 5
Total 100.0% Total  = 322.0

4. Calculate Total Costs including Escalation (multiply average hourly rate by the number hours) Avg Hourly Rate Estimated hours Cost Per
(Calculated above) (Calculated above) Year
Year 1 $ 98.84 * 177.1 = 17,504.85 $      Estimated Hours Year 1 Year 2 $ 102.80 * 112.7 = 11,585.03 $      Estimated Hours Year 2 Year 3 $ 106.91 * 32.2 = $       3,442.41 Estimated Hours Year 3 Year 4 $ 111.18 * 0.0 = ‐$                  Estimated Hours Year 4 Year 5 $ 115.63 * 0.0 = ‐$                  Estimated Hours Year 5 Total Direct Labor Cost with Escalation = 32,532.28 $
Direct Labor Subtotal before Escalation = 31,827.00 $
Estimated Total of Direct Labor Salary Increase = $          705.29 Transferred to page 1 Notes:

1.  This is not the only way to estimate salary increases.  Other methods will be accepted if they clearly indicate the % increase, the EXHIBIT 10‐H1 COST PROPOSAL (Page 2 of 3)
ACTUAL COST‐PLUS‐FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Barrios Transportation Consulting TBD
number of years of the contract, and a breakdown of the labor to be performed each year.

2.  An estimation that is based on direct labor multiplied by salary increase % multiplied by the number of year is not acceptable. (i.e., $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

3.  This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4.  Calculations for anticipated salary escalation must be provided.

January 2020
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: Eraclio (Eddie) Barrios Title*:

Signature: Date of Certification (mm/dd/yyyy): 12/7/2022 Email: [email protected] Phone Number:

Address:

List of services the consultant is providing under the proposed contract:

3.  Title 23 United State Code Section 112 ‐ Letting of Contracts EXHIBIT 10‐H1 COST PROPOSAL (Page 3 of 3)
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements.

1.  Generally Accepted Accounting Principles (GAAP)

2.  Terms and conditions of the contract.
(925) 664‐6149
3054 Barranca Drive, Pittsburg, CA 94565
* 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.

Traffic Engineering Support

4.  48 Code of Federal Regulations Part 31 ‐ Contract Cost Principles and Procedures

5.  23 Code of Federal Regulations Part 172 ‐ Procurement, Management, and Administration of Engineering and Design Related Service

6.  48 Code of Federal Regulations Part 9904 ‐ Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts.  All documentation of compliance must be retained in the project files and be in compliance with applicable Federal and State requirements.  Costs that are non‐compliant with the Federal and State requirements are not eligible for reimbursement
Principal

January 2020
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Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date

DIRECT LABOR
Hours
58 732
852
180
48 LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see Antcipated Salary Increases page for calculations) c) Total Direct Labor Costs [(a) + (b)] $ 140,907.11

INDIRECT COSTS
d) Fringe Benefits ( Rate: 53.60% ) e) Total Fringe Benefits [(c) x (d)] $ 75,526.21 f) Overhead ( Rate: ) $ -
h) General and Administrative ( Rate: 109.88% ) i) Gen & Admin [(c) x (h)] $ 154,828.73 j) Total Indirect Costs [(e) + (g) + (i)] $ 230,354.94

FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 9% ] $ 33,413.58 Quatity Unit
320 Miles
4 EA.
100 EA.
l) TOTAL OTHER DIRECT COSTS $ 515.00
Subconsultant 1: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
$ -
$ 515.00
$ 405,190.63
51 $ -
Assistant Engineer 46 $ -
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) (m) TOTAL SUBCONSULTANS' COSTS
In-House CAD Plots (11x17) $1.95 $ 195.00
$0.00 $ -
Mileage $0.63 $ 200.00
Delivery Service $30.00 $ 120.00
$ 137,852.30
$ 3,054.81
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Unit Cost Total
$ -
$ -
Admin 42 $ 2,016.00
Senior Engineer 69 $ 58,788.00
Computer Drafter 62 $ 11,160.00
Principal M. Harms 126.35 $ 7,328.30
Engr. Mngr. 80 $ 58,560.00
Associate 95 $ -
Project Engineer 58 $ -
Staff Engineer
Classification/Title Name Actual Hourly Rate Total
Exhibit 10-H1 Cost Proposal
Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Design, Engineering and Environmental Studies)
Biggs Cardosa Associates, Inc.

Prime Consultant Subconsultant 2nd Tier Subconsultant

January 2020
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Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal

1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per
Cost Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 137,852.30 / 1870 = $73.72 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly
Rate
Proposed
Escalation
Year 1 $73.72 + 4% = $76.67
Year 2 $76.67 + 4% = $79.73
Year 3 $79.73 + 4% = $82.92 Year 4 Avg Hourly Rate
Year 4 $82.92 + 4% = $86.24 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Estimated %
Completed
Each Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 55.00% * 1870 = 1028.5 Estimated Hours Year 1
Year 2 35.00% * 1870 = 654.5 Estimated Hours Year 2
Year 3 10.00% * 1870 = 187 Estimated Hours Year 3
Year 4 0.00% * 1870 = 0 Estimated Hours Year 4
Year 5 0.00% * 1870 = 0 Estimated Hours Year 5
Total 100% Total = 1870

4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly
Rate
Estimated
Hours
(calculated above) (calculated
above)
Year 1 $73.72 * 1028.5 = $75,818.77 Estimated Hours Year 1 Year 2 $76.67 * 654.5 = $50,178.24 Estimated Hours Year 2 Year 3 $79.73 * 187 = $14,910.10 Estimated Hours Year 3 Year 4 $82.92 * 0 = $0.00 Estimated Hours Year 4
Year 5 $86.24 * 0 = $0.00 Estimated Hours Year 5
= $140,907.11
= $137,852.30
= $3,054.81 Transfer to Page 1
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
Cost
Per Period
Total Direct Labor Cost with Escalation
Year 2 Avg Hourly
Year 3 Avg Hourly
Actual Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Calculations for Anticipated Salary Increases)
5 Year
Contract Duration
Exhibit 10-H1 Cost Proposal

January 2020
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Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Name: Title*:

Signature: Date of Certification (mm/dd/yyyy): 12/7/2022 Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:
865 The Alameda, San Jose, CA 95126
*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.

Structural Engineering
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Prime Consultant or Subconsultant Certifying:

Mahvash Harms Principal / Vice President
[email protected] 408-296-5515 EXT. 1128

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Exhibit 10-H1 Cost Proposal
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

1. Generally Accepted Accounting Principles (GAAP)

January 2020
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant:

Project: Contract No. Date 12/7/2022
Range Hours Actual
Hourly Rate Total
60 $ 108.04 $ 6,482.40
46 $ 105.83 $ 4,868.18
148 $ 69.95 $ 10,352.60
120 $ 76.86 $ 9,223.20
$54.00 - $72.00 276 $ 68.90 $ 19,016.40
$45.00 - $56.00 398 $ 49.65 $ 19,760.70
$37.00 - $47.00 260 $ 44.00 $ 11,440.00
$35.00 - $45.00 0 $ 38.59 $ -
$46.00 - $57.00 80 $ 50.17 $ 4,013.60
$46.00 - $68.00 32 $ 47.72 $ 1,527.04
$23.00 - $38.00 2 $ 33.08 $ 66.16

LABOR COSTS
$ 86,750.28
$ 347.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 87,097.28

INDIRECT COSTS

83.06% ) e) Total Fringe Benefits [(c) x (d)] $ 72,343.02

42.05% ) g) Overhead [(c) x (f)] $ 36,624.41

41.50% ) i) Gen & Admin [(c) x (h)] $ 36,145.37
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 145,112.80
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 9% $ 20,898.89 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
2500 mile $ 0.625 $ 1,562.50
l) TOTAL OTHER DIRECT COSTS $ 1,562.50
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $ -
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 1,562.50 TOTAL COST [(c) + (j) + (k) + (n)] $ 254,671.47

1. 2.

3. Classification/Title
Engineer II Staff
d) Fringe Benefits (Rate:

Anticipated salary increases calculation (page 2) must accompany.

Staff
Bennett Engineering Services
* Leo Rubio
* Carlton Allen
Staff
Designer III Staff
Modesto-SR99 Interchanges Inc
Project Manager IV
Principal Engineer
Engineer III
Engineer IV
Engineer VI * Don Jones
Principal Engineer * Trin Campos
Engineer I
Project Controls
Name

DIRECT LABOR
Staff
Staff
Staff
Description of Item
Mileage
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Note: Mark-ups are Not Allowed
Administrative
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Subconsultant 1:
#8..

Consultant
Project No. Contract No. Date 12/7/2022

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 86,750.28 = $ 61.01 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 61.01 + = $ 61.01 Year 2 Avg Hourly Rate
Year 2 $ 61.01 + = $ 63.45 Year 3 Avg Hourly Rate
Year 3 $ 63.45 + = $ 65.98 Year 4 Avg Hourly Rate
Year 4 $ 65.98 + = $ 68.62 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 55.00% * = 782.1 Estimated Hours Year 1
Year 2 35.00% * = 497.7 Estimated Hours Year 2
Year 3 10.00% * = 142.2 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 1422.0
Year 1 $ 61.01 * = $ 47,712.65 Estimated Hours Year 1
Year 2 $ 61.01 * = $ 30,362.60 Estimated Hours Year 2
Year 3 $ 63.45 * = $ 9,022.03 Estimated Hours Year 3
Year 4 $ 65.98 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 87,097.28
= $ 86,750.28
= $ 347.00 Transfer to Page 1
NOTES:

1. 2.

3. 4. Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4%
1422.0
Cost per Year
Estimated % Total Hours
(calculated above) (calculated above)
498
Modesto-SR99 Interchanges Inc 0
Bennett Engineering Services

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
1422.0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
Completed Each Year per Cost Proposal
1422.0
Estimated total of Direct Labor Salary Increase
Avg Hourly Rate
782
Estimated hours
Direct Labor Subtotal before Escalation
1422.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 0%
1422.0
4%
4%
1422

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
142
0 0
Total Direct Labor Cost with Escalation

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) #8..

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Title *:

Signature: Date of Certification: 12/7/2022
Email: Phone number: 916-783-4100
Address:

List services the consultant is providing under the proposed contract:

Leo Rubio President
Hydraulics & Hydrology, Drainage Analysis, Stormwater Compliance & Quality Control * 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.

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
1082 Sunrise Avenue, Suite 100 Roseville, CA 95661
[email protected]
#8..

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant
Project No. Contract No. Date
Actual Hourly
Rate
Total
Project Manager Ian Barnes $ 85.50 $ 23,256.00
Principal-in-Charge Fred Choa $ 115.00 $ 4,370.00
Sr. Associate David Stanek $ 81.00 $ 13,446.00
Associate Ronald Ramos $ 62.50 $ 10,375.00
Sr. Associate Mackenzie Watten $ 74.00 $ 8,732.00
Sr. Engineer/Planner Albee Wei $ 52.50 $ 6,195.00
Principal Meghan Mitman $ 114.00 $ 5,700.00
Principal Ryan McClain $ 94.50 $ 4,725.00
Principal Erin Ferguson $ 93.00 $ 2,790.00
Sr. Engineer/Planner $ 52.00 $ 36,504.00
Planner/Engineer $ 41.60 $ 29,203.20
Sr. Engineering Technician $ 41.60 $ 2,828.80
Project Coordinator $ 39.97 $ 12,030.97
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total Hours

LABOR COSTS
a) Subtotal Direct Labor Costs $ 160,155.97
b) Anticipated Salary Increases (see page 2 for sample) $ 3,549.06 c) TOTAL DIRECT LABOR COSTS [(a)+(b)] $ 163,705.03

INDIRECT COSTS
d) Fringe Benefits (Rate 80.17% ) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 131,242.32 f) Overhead (Rate 49.99% ) g) Overhead [(c) x (f)] $ 81,836.14 h) General and Administrative (Rate 52.66% ) i) Gen & Admin [(c) x (h)] $ 86,207.07 Caltrans Acceptance ID: D2020-0689
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 299,285.53
FIXED FEE k) TOTAL FIXED FEE [(c) + (J)] x fixed fee: 9.00% $ 41,669.15 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost TOTAL
$0.625 $312.50
$0.00
$0.00
$0.00
$22,500.00 $22,500.00
$0.00
$0.00
$0.00
l) TOTAL OTHER DIRECT COSTS $22,812.50
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $0.00
$0.00
$0.00
$0.00
166
EXHIBIT 10-H1 COST PROPOSAL (Page 1 of 3)

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Fehr & Peers
RFP 2022-11 TBD 12/7/2022
Classification/Title Name Hours
272
38 0
166
118
118
50 50
30 702
702
68 301
0 0
0 0
0 0
0 0
0 0
0 2,781
Description of Item Quantity Unit
Mileage Costs 500 Mile
Reprographics/Plotting
Permit Fees
Shipping/USPS/Courier
Data Collection (Counts, INRIX, etc.) 1 Variable

January 2020
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
m) TOTAL SUBCONSULTANTS' COSTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $22,812.50 TOTAL COST [(c) + (j) + (k) + (n)] $ 527,472.21
Notes:

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing age requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

January 2020
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Local Assistance Procedures Manual EXHIBIT 10-H
Cost Proposal
Consultant Contract No. Date 12/7/2022

1. Calculate average hourly rate for 1st year of contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours Avg 5 year
Subtotal Per Cost cost Proposal Hourly Contract
Proposal Rate Duration
$ 160,155.97 / 2,781 = $ 57.59 Year 1 avg
Hourly rate

2. Calculate hourly rate for all years (increase the Average Hourly rate for a year by proposed escalation%) Average hourly rate Proposed Escalation
Year 1 $ 57.59 + 4% = $ 59.89 Year 2 Avg Hourly Rate
Year 2 $ 59.89 + 4% = $ 62.29 Year 3 Avg Hourly Rate
Year 3 $ 62.29 + 4% = $ 64.78 Year 4 Avg Hourly Rate
Year 4 $ 64.78 + 4% = $ 67.37 Year 5 Avg Hourly Rate

3. Calculate estimated hour per year (multiply estimate % each year by total hours) Estimated % Completed Total Hours Per Cost Total Hours per Each year Proposal Year
Year 1 55.0% * 2781 = 1529.6 Estimated Hours Year 1
Year 2 35.0% * 2781 = 973.4 Estimated Hours Year 2
Year 3 10.0% * 2781 = 278.1 Estimated Hours Year 3
Year 4 0.0% * 2781 = 0.0 Estimated Hours Year 4
Year 5 0.0% * 2781 = 0.0 Estimated Hours Year 5
Total 100.0% Total = 2781.0

4. Calculate Total Costs including Escalation (multiply average hourly rate by the number hours) Avg Hourly Rate Estimated hours Cost Per
(Calculated above) (Calculated above) Year
Year 1 $ 57.59 * 1529.6 = $ 88,085.78 Estimated Hours Year 1 Year 2 $ 59.89 * 973.4 = $ 58,296.77 Estimated Hours Year 2 Year 3 $ 62.29 * 278.1 = $ 17,322.47 Estimated Hours Year 3 Year 4 $ 64.78 * 0.0 = $ - Estimated Hours Year 4
Year 5 $ 67.37 * 0.0 = $ - Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $ 163,705.03
Direct Labor Subtotal before Escalation = $ 160,155.97
Estimated Total of Direct Labor Salary Increase = $ 3,549.06 Transferred to page 1 Notes:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Fehr & Peers TBD
number of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the number of year is not acceptable. (i.e., $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

January 2020
#8..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: Lysa Wollard Title*:

Signature: Date of Certification (mm/dd/yyyy): 12/7/2022 Email: [email protected] Phone Number:

Address:

List of services the consultant is providing under the proposed contract:

3. Title 23 United State Code Section 112 - Letting of Contracts EXHIBIT 10-H1 COST PROPOSAL (Page 3 of 3)
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements.

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract.
925-930-7100
100 Pringle Avenue, Suite 600, Walnut Creek, CA 94596
* 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.

Fehr & Peers will prepare the transportation analysis and related documentation for the PID and PA/ED phase of the project.

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable Federal and State requirements. Costs that are non-compliant with the Federal and State requirements are not eligible for reimbursement
CFO

January 2020
#8..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant ☑Subconsultant 2nd Tier Subconsultant
Consultant:

Project No. Contract No. Date 12/7/2022
Hours Total

7.0 $ 609.98

17.0 $ 1,481.37

17.0 $ 1,481.37

23.0 $ 2,004.21
110.0 $ 6,068.51

10.0 $ 502.40

60.0 $ 3,014.42

10.0 $ 502.40

53.0 $ 2,427.04

15.0 $ 686.90
169.0 $ 7,739.06

30.0 $ 1,135.82

16.0 $ 605.77
100.0 $ 3,786.06
111.0 $ 4,202.52

4.0 $ 160.17

17.0 $ 680.74

4.0 $ 111.00
$ -
$ -

37.0 $ 2,241.35
$ -
$ -
$ -

32.0 $ 1,338.46
$ -
$ -
$ -
$ -

10.0 $ 379.81
$ -
$ -

10.0 $ 400.43
$ -
$ -

LABOR COSTS
$ 41,559.79
$ 920.97
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 42,480.76

INDIRECT COSTS
110.00% ) e) Total Fringe Benefits [(c) x (d)] $ 46,728.83

95.00% ) g) Overhead [(c) x (f)] $ 40,356.72

0.00% ) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 87,085.55
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 9.00% ] $ 11,660.97 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Total
3864.00 cost/mile $ 2,415.00
$ -
$ -

10.00 cost/hour $ 100.00
$ -
l) TOTAL OTHER DIRECT COSTS $ 2,515.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) None
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 2,515.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 143,742.28
NOTES:

1. 2.

3.

January 2020
Senior Technical Support Liesl Bross $40.04
Technical Support Barbara Van Winkle $27.75
Logan Egan $45.79
Ecologist 1 Audeline Kurniawan $37.86
Ecologist 1 Jenna Happach $37.86
Ecologist 1 Dawn Truelsen $37.86
Kevin Cahill
Senior Technical Support Joy DeBruyn $40.04
Principal $87.14
$45.79
$37.86
Senior Ecologist 1
Ecologist 1
Jeff Seay $50.24
Ethan Barnes
Senior Ecologist 2
Principal Joseph Howard* $87.14
Associate Ecologist Rachel Visscher $55.17
Senior Ecologist 2 Megan Richards $50.24
Senior Ecologist 1
Senior Ecologist 2
Senior GIS Analyst TBD $50.72
GIS Analyst TBD $37.98
Principal TBD $87.14
Field Biologist 1 TBD $31.25
Ecologist 2
Senior Ecologist 2 TBD $50.24
Senior Ecologist 1 TBD $45.79
TBD $41.83
$48.20
$37.98
Unit Cost
$ 0.625
$19.38
Ecologist 1 TBD $37.86
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
$87.14
Note: Mark-ups are Not Allowed
Name
Principal Amy Sparks
RFP No. 2022-11

DIRECT LABOR
Classification/Title Actual Hourly Rate
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS Triple HS, Inc. dba H. T. Harvey & Associates
Field Biologist 2 TBD $34.01
TBD
Senior Technical Editor
Technical Editor
TBD
TBD
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).

All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. d) Fringe Benefits (Rate:
f) Overhead (Rate:
h) General & Admin (Rate:
$ -
$ 10.00
$ -
Permit Fees
Senior Associate Ecologist TBD $60.58
Associate Ecologist TBD $55.17
$ -
Senior Technical Support
GIS Computer Charges
Anticipated salary increases calculation (page 2) must accompany.

TBD $40.04
Description of Item
Mileage Costs
Equipment Rental and Supplies
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) Technical Support TBD $27.75
Clerical Support TBD
Chris Strasser $50.24
Principal
Senior Ecologist 1 Colin Wilkinson $45.79
Brian Boroski
Matt Wacker
$87.14
#8..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Avg Hourly 5 Year Contract
Rate Duration
$ 41,559.79 = $48.21 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly
Rate
Year 1 $ 48.21 + = $50.14 Year 2 Avg Hourly Rate
Year 2 $ 50.14 + = $52.15 Year 3 Avg Hourly Rate
Year 3 $ 52.15 + = $54.23 Year 4 Avg Hourly Rate
Year 4 $ 54.23 + = $56.40 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 55.00% * = 474 Estimated Hours Year 1
Year 2 35.00% * = 302 Estimated Hours Year 2
Year 3 10.00% * = 86 Estimated Hours Year 3
Year 4 0.00% * = 0 Estimated Hours Year 4
Year 5 0.00% * = 0 Estimated Hours Year 5
Total 100% = 862
Year 1 $ 48.21 * = $ 22,857.89 Estimated Hours Year 1
Year 2 $ 50.14 * = $ 15,127.76 Estimated Hours Year 2
Year 3 $ 52.15 * = $ 4,495.11 Estimated Hours Year 3
Year 4 $ 54.23 * = $ - Estimated Hours Year 4
Year 5 * = $ - Estimated Hours Year 5
= $ 42,480.76
= $ 41,559.79
= $ 920.97 Transfer to Page 1
NOTES:

1. 2.

3. 4.

January 2020
Total
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Completed Each Year
Proposed Escalation
4%
Direct Labor Subtotal
862

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
4%
862
per Cost Proposal
862
862
862
Estimated %
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Estimated hours
Cost per Year (calculated above) (calculated above)

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Total Hours
per Cost Proposal per Cost Proposal
Total Hours
862
4%
4%
474
302
86 0
0 Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Estimated total of Direct Labor Salary Increase
#8..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Title *:

Signature: Date of Certification (mm/dd/yyyy):

Email: Phone number:

Address:

List services the consultant is providing under the proposed contract:

January 2020
* 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.

H. T. Harvey will provide biological services to WMH for the City of Modesto SR99 at Standiford Avenue/Beckwith Road, and the SR99 at Briggsmore Avenue/Carpenter Road Interchange Improvement Project . We will support WMH in the development of Project Initiation Document (PID) and Project Approval and Environmental Document (PA&ED).

EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Prime Consultant or Subconsultant Certifying:
12/7/2022
Certification of Direct Costs:
408.458.3200 x206
CEO
[email protected]
983 University Ave. Bldg. D, Los Gato, CA 95032
Karin Hunsicker
#8..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant 2nd Tier Subconsultant Consultant: Interwest Consulting Group
Project No. Contract No. Date 7/22/2022
Range Hours Actual Hourly
Rate Total
Project Director 90 $ 81.73 $ 7,355.77
Project Manager 120 $ 67.31 $ 8,077.20
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -

LABOR COSTS
$ 15,432.97
-$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 15,432.97

INDIRECT COSTS

43.55% ) e) Total Fringe Benefits [(c) x (d)] 6,721.06 $

43.07% ) g) Overhead [(c) x (f)] 6,646.98 $
) i) Gen & Admin [(c) x (h)] -$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 13,368.04
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 9.00% $ 2,592.09 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
1 $ 2,500.00 $ 2,500.00
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ 2,500.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 2,500.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 33,893.10

1. 2.

3. Brett Paulson
John Almazan
Note: Mark-ups are Not Allowed
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Anticipated salary increases calculation (page 2) must accompany.

SR99/Standiford Ave Project ROM then ROW Data Sheet

DIRECT LABOR
Classification/Title Name
a) Subtotal Direct Labor Costs
Description of Item
Run Co-Star Comp Data
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Subconsultant 1:

Subconsultant 2:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. #8..
- 472 -
Consultant
Project No. Contract No. Date 7/22/2022

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 15,432.97 = $ 73.49 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ - + = $ - Year 2 Avg Hourly Rate
Year 2 $ - + = $ - Year 3 Avg Hourly Rate
Year 3 $ - + = $ - Year 4 Avg Hourly Rate
Year 4 $ - + = $ - Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 0.00% * = 0.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 0% = 210.0
Year 1 $ - * = $ - Estimated Hours Year 1
Year 2 $ - * = $ - Estimated Hours Year 2
Year 3 $ - * = $ - Estimated Hours Year 3
Year 4 $ - * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ -
=
= Transfer to Page 1
NOTES:

1. 2.

3. 4. Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 0%
Direct Labor Subtotal before Escalation
210.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 0%
210.0
0%
0%
210

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
SR99/Standiford Ave Project ROM then ROW Data Sheet

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Interwest Consulting Group

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
210.0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
Completed Each Year per Cost Proposal
210.0
210.0
Cost per Year
Estimated total of Direct Labor Salary Increase
0 0
0 0
0 Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
#8..
- 473 -
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Kent Jorgensen Title *: Director of Real Estate Services Signature: Date of Certification: 7/22/2022
Email: [email protected] Phone number: (949) 299-5306 Address: 9300 W. Stockton Blvd., Suite 105, Elk Grove, CA 95758 List services the consultant is providing under the proposed contract:

Prime Consultant or Subconsultant Certifying:
* 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.

Complete Rough Order of Magnitude Cost for PID phase, and ROW Data Sheets for up to 2 Alternatives during the PA/ED phase.

Certification of Direct Costs:
#8..
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Local Assistance Procedures Manual
_________________________________________________________________________________________________________________________________________________ Exhibit 10-H1
Cost Proposal
☐ 2nd Tier Subconsultant
Consultant
Project No. Contract No. Date 12/07/2022

DIRECT LABOR
Hours Actual Hourly Rate Total
269 $70.99 $19,096.31
521.5 $51.06 $26,627.79
102 $68.41 $6,977.82
87 $50.18 $4,365.66
356 $39.46 $14,047.76
1045 $34.97 $36,543.65
415 $27.19 $11,283.85
161 $38.58 $6,211.38
7 $32.20 $225.40
6 $32.20 $193.20
272 $35.17 $9,566.24
LABOR COSTS Total Hours: 3241.5
a) Subtotal Direct Labor Costs $135,139.06
b) Anticipated Salary Increases (see page 2 for calculation) $13,457.76 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $148,596.82

INDIRECT COSTS
108.53% ) e) $161,272.13
133.09% ) g) Overhead [(c) x (f)] $197,767.50
h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $359,039.63
FIXED FEE 9.00% ] $45,687.28
l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
6 Cost $15.00 $90.00
2 Cost $950.00 $1,900.00
11600 Per Page $0.40 $4,640.00
800 Per Page $0.75 $600.00
45 Each $5.00 $225.00
Mileage (on-road) 2022 4560 Miles $0.625 $2,850.00
1 Days $75.00 $75.00
3 Days $75.00 $225.00
1 Cost $440.00 $440.00
1000 Cost $1.00 $1,000.00
I) TOTAL OTHER DIRECT COSTS $12,045.00
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) $2,500.00
$2,500.00
$0.00
$0.00
$5,000.00
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m TOTAL COST [(c) + (j) + (k) + (n)] $570,368.73
NOTES:

Reproduction (8.5 x 11 Color)
Reproduction (11 x 17 Color)
CD Production

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

GPS Unit
Meals
Records Search
Sound Meter
f) Overhead & G&A (Rate:
$17,045.00
Subconsultant 1: Tim Deaon ASLA
Subconsultant 2: Crawford & Associates, Inc.

Principal
Associate
Description of Item
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee
Senior Technical Specialist
Technical Specialist
d) Fringe Benefits (Rate: Total Fringe Benefits [(c) x (d)] Office Assistant
Project Assistant
Word Processor/Admin
EXHIBIT 10-H1 COST PROPOSAL PAGE 1 OF 4

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Classification/Title Name
Note: Mark-ups are Not Allowed ☐Prime Consultant ☒ Subconsultant LSA Associates, Inc.

Project Manager* Edward Heming
Principal in Charge* Pam Reading
Subconsultant 3:

Assistant Technical Specialist
GIS/Graphics
Postage/Delivery
Fossil Locality Search
Subconsultant 4:
_______________________________________________________________________________________________________________________________________Page 1 of 4 January 2020
#8..
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Local Assistance Procedures Manual
_________________________________________________________________________________________________________________________________________________ Exhibit 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$135,139.06 = $41.69 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $41.69 + = $43.36 Year 2 Avg Hourly Rate
Year 2 $43.36 + = $45.09 Year 3 Avg Hourly Rate
Year 3 $45.09 + = $46.90 Year 4 Avg Hourly Rate
Year 4 $46.90 + = $48.77 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 0.00% * = 0.0 Estimated Hours Year 1
Year 2 20.00% * = 648.3 Estimated Hours Year 2
Year 3 40.00% * = 1296.6 Estimated Hours Year 3
Year 4 20.00% * = 648.3 Estimated Hours Year 4
Year 5 20.00% * = 648.3 Estimated Hours Year 5
Total 100% = 3241.5
Year 1 $41.69 * = $0.00 Estimated Hours Year 1
Year 2 $43.36 * = $28,108.92 Estimated Hours Year 2
Year 3 $45.09 * = $58,466.56 Estimated Hours Year 3
Year 4 $46.90 * = $30,402.61 Estimated Hours Year 4
Year 5 $48.77 * = $31,618.72 Estimated Hours Year 5
= $148,596.82
= $135,139.06
= $13,457.76 Transfer to Page 1
NOTES:

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

Completed Each Year per Cost Proposal
3241.5
3241.5
(calculated above)

0.0 648.3
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Cost per Year (calculated above)
Proposed Escalation
4%
4%
4%
4%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated %
Direct Labor Subtotal Total Hours
648.3
Total
648.3
1296.6
Estimated hours

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3241.5
3241.5
Total Hours
EXHIBIT 10-H COST PROPOSAL PAGE 3 OF 4

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
3241.5
per Cost Proposal per Cost Proposal
3,241.50

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) _______________________________________________________________________________________________________________________________________Page 2 of 4 January 2020
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Local Assistance Procedures Manual
_________________________________________________________________________________________________________________________________________________ Exhibit 10-H1
Cost Proposal
Certification of Direct Costs:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract
Name: Title*:

Signature: Date of Certification (mm/dd/yyyy): 12/07/2022 Email: Phone Number: (949) 553-0666 Ext. 7268
Address:

Anthony Petros
List services the consultant is providing under the proposed contract:

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures Engineering and Design Related Service
Prime Consultant or Subconsultant Certifying:

Environmental consulting services
*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. 20 Executive Park, Suite 200, Irvine, CA 92614
President
[email protected]
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

3. Title 23 United States Code Section 112 - Letting of Contracts

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) EXHIBIT 10-H1 COST PROPOSAL PAGE 4 OF 4
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:
_______________________________________________________________________________________________________________________________________Page 3 of 4 January 2020
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Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 12/7/2022

DIRECT LABOR
Hours Classification Range
23 N/A
341 N/A
655 N/A
179 N/A
179 N/A
7 N/A
0 $15.00-$70.00
0 $40.00-$115.37
0 $30.00-$50.00
0 $20.00-$40.00
0 $15.00-$30.00
0 N/A
0 N/A
0 N/A
0 N/A
0 N/A
0 N/A
0 N/A

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see Anticipated Salary Increases page for calculations) c) Total Direct Labor Costs [(a) + (b)] $ 70,769.77

INDIRECT COSTS
d) Fringe Benefits ( Rate: 37.86% ) e) Total Fringe Benefits [(c) x (d)] $ 26,793.43 f) Overhead ( Rate: 72.51% ) $ 51,315.16
h) General and Administrative ( Rate: 0.00% ) I) Gen & Admin [(c) x (h)] $ - j) Total Indirect Costs [(e) + (g) + (I)] $ 78,108.59

FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 9% ] $ 13,399.05 Quantity
20 1
l) TOTAL OTHER DIRECT COSTS $ 26,540.00
Subconsultant 1: $
$ -
$ 26,540.00
$ 188,817.42
Description of Item Unit Cost Total
Administrative TBD
Exhibit 10-H1 Cost Proposal
Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Design, Engineering and Environmental Studies)
O'Dell Engineering
SR 99 Standiford TBD
Classification/Title Name Actual or Avg. Hourly Rate Total m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) (m) TOTAL SUBCONSULTANS' COSTS
Target Panels $27.00 $ 540.00
Aerial Photomapping $26,000.00 $ 26,000.00
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
Principal Land Surveyor* Dylan Crawford $79.33 $ 1,824.59 Senior Surveyor Scott Roberts $60.00 $ 20,460.00
Surveyor Benjamin Garcia $37.00 $ 24,235.00
Senior Surveyor TBD $77.69 $ -
Field Surveyor - Party Chief PW** Jeffrey Ahart $64.18 $ 11,488.22 Field Surveyor - Chainman PW** Jason Andersen $60.30 $ 10,793.70 $42.50 $ -
Administrative Nicole Gallego $62.00 $ 434.00
Surveyor TBD $40.00 $ -
Assistant Surveyor TBD $30.00 $ -
CADD TBD $22.50 $ -
Field Surveyor - Party Chief PW** Ryan Andersen $59.79 $ - Field Surveyor - Party Chief PW** Chris Armstrong $62.78 $ - Field Surveyor - Party Chief PW** Matthew Martinez $79.48 $ - Unit
Field Surveyor - Chainman PW** Ricardo Uresti $60.35 $ - Field Surveyor - Chainman PW** Jacob Caton $58.41 $ -
Field Surveyor - Chainman PW** Erick Jimenez $58.96 $ - Field Surveyor - Chainman PW** Uriel Montejano $59.51 $ - $ 69,235.51
$ 1,534.26
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Prime Consultant Subconsultant 2nd Tier Subconsultant

January 2020
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Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal

1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Subtotal
per Cost Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 69,235.51 / 1384 = $50.03 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly Rate Proposed
Escalation
Year 1 $50.03 + 4% = $52.03
Year 2 $52.03 + 4% = $54.11
Year 3 $54.11 + 4% = $56.27 Year 4 Avg Hourly Rate
Year 4 $56.27 + 4% = $58.52 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Estimated %
Completed Each
Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 55.00% * 1384 = 761.2 Estimated Hours Year 1
Year 2 35.00% * 1384 = 484.4 Estimated Hours Year 2
Year 3 10.00% * 1384 = 138.4 Estimated Hours Year 3
Year 4 0.00% * 1384 = 0 Estimated Hours Year 4
Year 5 0.00% * 1384 = 0 Estimated Hours Year 5
Total 100% Total = 1384

4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly Rate
Estimated
Hours
(calculated above) (calculated
above)
Year 1 $50.03 * 761.2 = $38,079.53 Estimated Hours Year 1 Year 2 $52.03 * 484.4 = $25,201.73 Estimated Hours Year 2 Year 3 $54.11 * 138.4 = $7,488.51 Estimated Hours Year 3 Year 4 $56.27 * 0 = $0.00 Estimated Hours Year 4
Year 5 $58.52 * 0 = $0.00 Estimated Hours Year 5
= $70,769.77
= $69,235.51
= $1,534.26 Transfer to Page 1
Actual Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Calculations for Anticipated Salary Increases)
5 Year
Contract Duration
Exhibit 10-H1 Cost Proposal
Cost
Per Period
Total Direct Labor Cost with Escalation
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase

January 2020
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Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Name: Title*:

Signature: Date of Certification (mm/dd/yyyy): 12/7/2022 Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Exhibit 10-H1 Cost Proposal
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,

1. Generally Accepted Accounting Principles (GAAP)
1165 Scenic Drive, Suite A, Modesto, CA 95350
*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.

Land Surveying
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Prime Consultant or Subconsultant Certifying:

Dylan Crawford President
[email protected] 209.571.1765

January 2020
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Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 12/7/2022

DIRECT LABOR
Hours Actual Hourly Rate Total

26.00 $ 111.63 $ 2,902.38

46.00 $ 80.91 $ 3,721.86
160.00 $ 74.72 $ 11,955.20
118.00 $ 50.97 $ 6,014.46
252.00 $ 42.47 $ 10,702.44

0.00 $ 54.87 $ -

0.00 $ 31.53 $ -

40.00 $ 43.51 $ 1,740.40

LABOR COSTS
a) Subtotal Direct Labor Costs $37,036.74
b) Anticipated Salary Increases (see page 2 for calculation) $820.73 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $37,857.47

INDIRECT COSTS
d) Fringe Benefits (Rate: 42.87%) e) Total Fringe Benefits [(c) x (d)] $16,229.50 f) Overhead (Rate: 137.35%) g) Overhead [(c) x (f)] $51,997.24 h) General and Administrative (Rate: 0.00%) i) Gen & Admin [(c) x (h)] $0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $68,226.74
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 9% ] $9,547.58 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit(s) Unit Cost Total

0.00 per $ -

1.00 per $ 400.00 $ 400.00

0.00 per $ -

0.00 per $ -

0.00 per $ -

0.00 per $ -
l) TOTAL OTHER DIRECT COSTS $400.00
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant 1: $0.00
Subconsultant 2: $0.00
m) TOTAL SUBCONSULTANT'S COSTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $400.00 TOTAL COST [(c) + (j) + (k) + (n)] $116,031.79
NOTES:

Classification/Title Name
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)

PARIKH CONSULTANTS, INC
SR 99 - Standiford Ave Interchange
Project Manager G. Parikh
Sr. Project Engineer/Geologist F. Wang
Sr. Engineer/QA QC Manager D. Wang
Outside Lab Testing (Corrosion, etc.)
Project Geologist TBD
Staff Engineer TBD
Field Engineer/Geologist TBD
Lab Technician TBD
Drafting/Cadd Tech TBD
Description of Item

1.Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be markedwith two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2.The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with theconsultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3.Anticipated salary increases calculation (page 2) must accompany.

EDR
Encroachment Permit (No fee)
Drilling
Cutting Disposal
Traffic Control
Prime Consultant Subconsultant 2nd Tier Subconsultant
January 2018
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Local Assistance Procedures Manual Exhibit 10-H1
Consultant
Project No. Contract No. Date 12/7/2022

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 37,036.74 = $ 57.69 Year 1 Avg Hourly Rate
Avg Hourly
Rate
Year 1 $ 57.69 + = $ 60.00 Year 2 Avg Hourly Rate
Year 2 $ 60.00 + = $ 62.40 Year 3 Avg Hourly Rate
Year 3 $ 62.40 + = $ 64.89 Year 4 Avg Hourly Rate
Year 4 $ 64.89 + = $ 67.49 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 55.00% * = 353.1 Estimated Hours Year 1
Year 2 35.00% * = 224.7 Estimated Hours Year 2
Year 3 10.00% * = 64.2 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 642.0
Year 1 $ 57.69 * = $ 20,370.21 Estimated Hours Year 1
Year 2 $ 60.00 * = $ 13,481.37 Estimated Hours Year 2
Year 3 $ 62.40 * = $ 4,005.89 Estimated Hours Year 3
Year 4 $ 64.89 * = $ - Estimated Hours Year 4
Year 5 $ 67.49 * = $ - Estimated Hours Year 5
= $ 37,857.47
= $ 37,036.74
= $ 820.73 Transfer to Page 1
NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
PARIKH CONSULTANTS INC.

SR 99-Standiford Ave Interchange

4.0%
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
642

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation

4.0%
642.0

4.0%

4.0%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
642.0
642.0
642.0
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
642.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
353
225
64 0
0 Total Direct Labor Cost with Escalation
January 2018
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Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Prime Consultant or Subconsultant Certifying:

Name: Title *:

Signature : Date of Certification (mm/dd/yyyy):

Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

EXHIBIT 10-H1 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:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration ofEngineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Address: _______1497 North Milpitas Boulevard, Milpitas, Ca 95035______ *An individual executive or financial officer of the consultant’s or subconsultant’s organization at a levelno lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to representthe financial information utilized to establish the cost proposal for the contract.

Geotechnical Engineering Services
David Wang Senior Principal_____________________________ 12/7/2022
[email protected] 408-452-9000
LPP 15-01 January 2018
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