City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00482 5/9/2023 Consent Item 2.
15-Minute Neighborhoods Plan: Budgetary Adjustments and Professional Services Agreement (T15180400)
File ID: 2023-00482
Location: Citywide
Recommendation: Adopt a Resolution : 1) authorizing the City Manager or the City Manager’s designee to increase the revenue and expenditure budgets for the Active Transportation Program (T15180400) by $460,266 (Other Capital Grants, Fund 3704); and 2) authorizing the City Manager, or the City Manager’s designee, to execute a Professional Services Agreement with Kittelson & Associates, Inc. for the 15-Minute Neighborhoods Plan project for an amount not to exceed $430,062.
Contact: Jeff Jelsma, Transportation Planner, 916-808-5347, [email protected]; Leslie Mancebo, Senior Transportation Planner, [email protected], (916) 808-5581; Jennifer Donlon Wyant, Transportation Planning Manager, [email protected], (916) 808-5913; David Edrosolan, City Traffic Engineer, [email protected], (916) 808-5974, Department of Public Works
Presenter: None.
Attachments:
1-Description/Analysis
2-Resolution
3-Agreement with Kittelson & Associates, Inc.
Additional Description/Analysis
Issue Detail: The 15-Minute Neighborhoods Plan is one component of the Active Transportation Program (T15180400). The City applied for and received a Caltrans Sustainable Communities Transportation Planning Grant to conduct a citywide analysis for the 15-Minute Neighborhoods Plan.
The project’s goal is to connect Sacramentans to local destinations such as parks, schools, and retail within a 15-minute low-stress walk or bike ride. This convenience will help encourage more trips by active transportation to meet City, regional, and State climate and community health goals. The 15-
File ID: 2023-00482 5/9/2023 Consent Item 2.
Minute Neighborhoods Plan will be a community -driven plan that will create a network of traffic calmed city streets to encourage active transportation to neighborhood destinations. City staff are recommending a contract with Kittelson & Associates, Inc. to support this effort.
Policy Considerations: The initial priorities in this report are in accordance with the following policies from the Sacramento 2035 General Plan:
M 1.1.1 Right-of-Ways - The City shall preserve and manage rights-of-way consistent with: the circulation diagram, the City Street Design Standards, the goal to provide Complete Streets as described in Goal M 4.2, and the modal priorities for each street segment and intersection established in Policy M4.4.1: Roadway Network Development, Street Typology System.
M 1.2.1 Multimodal choices - The City shall develop an integrated, multimodal transportation system that improves the attractiveness of walking, bicycling, and riding transit over time to increase travel choices and aid in achieving a more balanced transportation system and reducing air pollution and greenhouse gas emissions.
M 1.2.4 Multimodal Access - The City shall facilitate the provision of multimodal access to activity centers such as commercial centers and corridors, employment centers, transit stops/ stations, airports, schools, parks, recreation areas, medical centers, and tourist attractions.
M 1.3.2 Eliminate Gaps - The City shall eliminate “gaps” in roadways, bikeways, and pedestrian networks. To this end: a. The City shall construct new multi-modal crossings of the Sacramento and American Rivers. b. The City shall plan and pursue funding to construct grade-separated crossings of freeways, rail lines, canals, creeks, and other barriers to improve connectivity. c. The City shall construct new bikeways and pedestrian paths in existing neighborhoods to improve connectivity.
M 1.3.4 Barrier Removal for Accessibility - The City shall remove barriers, where feasible, to allow people of all abilities to move freely and efficiently throughout the city.
M 2.1.4 Cohesive and Continuous Network - The City shall develop a pedestrian network of public sidewalks, street crossings, and other pedestrian paths that makes walking a convenient and safe way to travel citywide. The network should include a dense pattern of routes in pedestrian-oriented areas such as the Central City and include wayfinding where appropriate.
M 4.1.2 Balancing Community, Social, Environmental, and Economic Goals - The City shall evaluate and strive to address community, environmental, and citywide economic development goals when adding or modifying streets, roads, bridges, and other public rights-of -way.
File ID: 2023-00482 5/9/2023 Consent Item 2.
M 4.2.2 Pedestrian and Bicycle-Friendly Streets - In areas with high levels of pedestrian activity (e.g., employment centers, residential areas, mixed-use areas, schools), the City shall ensure that all street projects support pedestrian and bicycle travel. Improvements may include narrow lanes, target speeds less than 35 miles per hour, sidewalk widths consistent with the Pedestrian Master Plan, street trees, high-visibility pedestrian crossings, and bikeways (e.g. Class II and Class III bike lanes, bicycle boulevards, separated bicycle lanes and/or parallel multi- use pathways).
M 5.1.3 Continuous Bikeway Network - The City shall provide a continuous bikeway network consisting of bike friendly facilities connecting residential neighborhoods with key destinations and activity centers (e.g., transit facilities, shopping areas, education institutions, employment centers).
M 5.1.5 Motorists, Bicyclists, and Pedestrian Conflicts - The City shall develop safe and convenient bikeways, streets, roadways, and intersections that reduce conflicts between bicyclists and motor vehicles on streets, between bicyclists and pedestrians on multi-use trails and sidewalks, and between all users at intersections.
On November 12, 2019, the City Council adopted the following relevant Guiding Principles for the 2040 General Plan Update:
39. Strengthen connections between Sacramento neighborhoods, to neighboring communities, and to the wider region by expanding and enhancing the range of transportation options for people of all ages and abilities.
40. Reduce reliance on single-occupant vehicles, prioritize and promote active transportation and high-occupancy transport.
Economic Impacts: None.
Environmental Considerations: :
California Environmental Quality Act (CEQA): The award of a professional services agreement for the preparation of a complete streets plan is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15262, Feasibility and Planning Studies. Section 15262 exempts projects involving only feasibility or planning studies for possible future actions, which have not been approved, adopted, or funded. It is anticipated that future projects identified in this study may be subject to environmental evaluation under CEQA guidelines and possibly National Environmental Policy Act (NEPA) requirements.
File ID: 2023-00482 5/9/2023 Consent Item 2.
Sustainability: Attaining funding to plan for multimodal improvements furthers the City’s commitment to sustainability. The transportation plan developed will focus on safety, mobility for all modes of transportation, and access to active transportation modes, which will encourage less driving and reduce dependence on the private automobile, laying the groundwork to significantly reduce the use of fossil fuels. The plan will improve the experience for those walking, bicycling, and using transit to foster behavioral change throughout the City.
Commission/Committee Action: None.
Rationale for Recommendation: Making the necessary budget adjustments is necessary to receive reimbursement from the state for grant expenditures.
A Request for Proposals for professional services was advertised for the project per City guidelines.
Two proposals were received by the close of the submittal period. The submittals were scored by an unbiased selection committee and both consultant teams were interviewed by a panel of City employees. Kittelson & Associates, Inc. was selected as the preferred consultant team.
Financial Considerations: The 15-Minute Neighborhoods Plan Project is estimated to cost $667,065. The City received a State grant for $460,266 (Fund 3704) from Caltrans, through the Sustainable Communities Transportation Planning Grant Program. With the increase in revenue and expenditure budgets in the project by $460,266 (Fund 3704) supported by $206,799 of local match (Fund 2013 and 2039) in the Active Transportation Program (T15180400) will provide sufficient funds for the project. The existing balance and State Planning grant funding is sufficient to execute the agreement with Kittelson & Associates, Inc. for an amount not to exceed $430,062 and meet other project costs.
There are no General Funds planned or allocated for this project.
Local Business Enterprise (LBE): Kittelson & Associates in an LBE.
Background: On December 7, 2022, Staff released a Request for Proposals (RFP) for professional services to provide assistance to City staff for the 15-Minute Neighborhoods Plan.
A pre-proposal meeting was held on December 14, 2022, and proposals were due January 11, 2023.
Two proposals were received and both teams were interviewed the week of February 6, 2023.
Kittelson & Associates, Inc. was chosen as the preferred firm. Scope negotiations began on February 27, 2023, and concluded with the mutual satisfaction of both parties. The professional services to be performed by Kittelson & Associates, Inc. will include:
File ID: 2023-00482 5/9/2023 Consent Item 2.
· Project management
· Existing conditions and data collection
· Public outreach and stakeholder participation
· Alternatives development with a specific focus on safety and mobility · Implementation including cost estimates and production final documents
RESOLUTION NO.
Adopted by the Sacramento City Council
Resolution of the City of Sacramento to increase the revenue and expenditure budgets for the Active Transportation Program (T15180400), and execute Consultant Services for the 15-Minute Neighborhoods Plan project
BACKGROUND
A. City Staff applied for and received a Caltrans Sustainable Communities Transportation Planning Grant to conduct a citywide analysis for the 15-Minute Neighborhoods Plan project. The 15-Minute Neighborhoods Plan project will be a community-driven plan that will create a network of traffic-calmed city streets to encourage active transportation to neighborhood destinations.
B. A total of $206,799 was previously allocated for project initiation and local match funds.
C. On December 7, 2022, staff released a Request for Proposals (RFP) for consultant services to provide assistance to City staff for the 15-Minute Neighborhoods Plan.
D. A pre-proposal meeting was held on December 14, 2022, and proposals were due January 11, 2023. Two proposals were received and both teams were interviewed the week of February 6, 2023.
E. Kittelson & Associates, Inc. was chosen as the preferred firm. Scope negotiations began on March 7, 2023, and concluded with the mutual satisfaction of both parties. The professional services to be performed by Kittelson & Associates, Inc. will include:
Project management
Existing conditions and Data Collection
Public Outreach and Stakeholder Participation
Alternatives Development with a specific focus on safety and mobility Implementation including cost estimates and production of final documents
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Manager or the City Manager’s designee is authorized to accept grant funds from the California Department of Transportation (Caltrans) to develop the City of Sacramento 15-Minute Neighborhoods Plan.
Section 2. The City Manager or the City Manager’s designee is authorized to increase the revenue and expenditure budgets in the Active Transportation Program (T15180400) by $460,266 (Other Capital Grants, Fund 3704).
Section 3. The City Manager, or the City Manager’s designee is authorized to execute a Professional Services Agreement with Kittelson & Associates, Inc for the 15-Minute Neighborhoods Plan for an amount not to exceed $430,062.
Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: CONTRACT NAME:15-Minute Neighborhoods PlanCONTRACT PROJECT #: T15180412 DEPARTMENT: Public Works DIVISION: Transportation CITY OF SACRAMENTO PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTS, LANDSCAPE ARCHITECTS, ENGINEERS, AND LAND SURVEYORS THIS CONTRACTis made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), and Kittelson & Associates Inc 2510 J Street, Sacramento, CA 95816 Phone: 916.822.5351 /Fax/E-mail: [email protected] (“CONTRACTOR”), as of the Effective Date, as defined below. The City and Contractor agree as follows: 1. Effective Date. This Contract shall be effective beginning May 9, 2023. 2. Contract Documents. All exhibits and documents attached or referred to in this Contract are incorporated as if set forth herein, Including Exhibit A (titled “Scope of Services”) and Exhibit B (titled “Payment”). If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control. 3. Services. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall provide to CITY the services described in Exhibit A (“Services”). CONTRACTOR will not be compensated for services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) CONTRACTOR notifies CITY and CITY agrees that the Additional Services are outside the scope of Exhibit A; (b) CONTRACTOR estimates the additional compensation required for these Additional Services; and (c) CITY, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor. CITY will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable.
Form Approved by City Attorney 9-1-2020 Page 2
4.Payment.CITY shall pay CONTRACTOR at the times and in the manner set forth in Exhibit B. CONTRACTOR shall submit all invoices to CITY in the manner specified in Exhibit B. 5. Facilities and Equipment. Except as set forth below, CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment required for CONTRACTOR to perform this Contract. CITY shall furnish to CONTRACTOR only the facilities and equipment listed below, if any. 6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C. 7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D. 8. Additional Requirements for Surveying, Material Testing, and Inspection Services. If this Contract includes any land surveying, material testing, or inspection services provided for a City construction project, during the design, pre-construction, construction, or post-construction phases of the project, the Contractor and any subcontractor or subconsultant performing any such services shall comply with the provisions specified in Exhibit E. 9. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period.
Form Approved by City Attorney 9-1-2020 Page 3
Contractor acknowledges and represents that Contractor has read and understands theserequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62. Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") may be applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.60 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.60. Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 12. Authority. The person signing this Contract for CONTRACTOR represents and warrants that he or she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the CONTRACTOR and to bind the CONTRACTOR to the performance of the Contract’s obligations. [Signature Pages Follow Exhibits]
Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1 EXHIBIT A SCOPE OF SERVICES 1. Representatives. The CITY Representative for this Agreement is: Jeff Jelsma / Project Manager 915 I Street, Sacramento, CA 95814 Phone: 916.808.5347 /Fax/E-mail: [email protected] The CONTRACTOR Representative for this Agreement is: Matthew Braughton / Project Manager 2510 J Street, Sacramento, CA 95816 Phone: 916.822.5347 /Fax/E-mail: [email protected] Unless otherwise provided in this Contract, all Contractor questions and correspondence pertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative. 2. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to this Exhibit A. 3. Time of Performance. The Services described in this Contract shall be provided for through December 31, 2025 . Contractor shall provide the Services in accordance with any schedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City if Contractor is unable to make delivery of Goods or perform Services in compliance with this Contract. 4. Conflict of Interest Requirements. The individual(s) who will provide Services pursuant to this Contract are “Consultants” within the meaning of the Political Reform Act and the City’s Conflict of Interest Code: ____ yes __X__ no [check one] Contractor shall cause the following to occur within 30 days after execution of this Contract: (A) Identify the individuals who will provide Services or perform Work under this Contract as "Consultants"; and (B) Cause these individuals to file with the City Representative the "assuming office" statements of economic interests required by the City's Conflict of Interest Code. Thereafter, throughout the term of the Contract, Contractor shall cause these individuals to file with the City Representative annual statements of economic interests and "leaving office" statements of economic interests, as required by the City's Conflict of Interest Code. The City may withhold all or a portion of any payment due under this Contract or impose fines on the individuals until all required statements are filed.
TASK 1. EXISTING CONDITIONS ANALYSIS Our team will conduct a comprehensive data collection, inventory, and system assessment to understand destinations, trip patterns, and related equity, social, economic, or health issues that may be addressed through multimodal investments.Task 1.1. Data Collection and Existing Baseline Inventory Our team will compile, review, and analyze available existing conditions data to understand the city’s current multimodal transportation conditions. As part of this task, our team will review the existing data provided by the City related to the Active Transportation Audits and other related studies to determine data needs. Based on that review, our team will work with the City to identify additional data related to:existing traffic calming facilities and facility data such as roadway widths, travel volumes, truck route designations, number of lanes, and pavement conditionexisting active transportation facility type/width/conditionactive transportation/micro mobility/shared ridable origin-destination, route, and/or volume datapertinent data related to land use, socioeconomic, health, levels of investment, and other equity indicators (e.g., CalEnviroScreen 4.0, USDOT Justice40 indicators, Healthy Places Index, etc.).We will also work with City staff to understand current and future land use destinations and travel patterns. For all data acquired and developed, we will run QA/QC checks to determine accuracy. As needed, we will conduct fieldreviews and aerial imagery assessments to verify on-the- ground conditions. We welcome the participation of your staff during these field assessments. Kittelson will also review the current state of traffic calming and neighborhood active transportation planning with City staff to understand what is working, what isn’t, what challenges the City is facing, where growth is expected to occur, what projects are in the pipeline, etc.To solicit input from community members, Kittelson will work the with Active Transportation Plan (ATP) project team to collect community input on ped/bike issues, needs and priorities as well as destinations they currently (orwould like to) access on foot or bike. Kittelson assumes that the ATP project team will develop the materials and conduct the outreach for this engagement effort.Based on the data and feedback received, our team will develop a comprehensive GIS database of the informationgathered, in addition to producing visually appealing and easy to understand maps.Task 1.2. Plan, Policy, And Standards Review We will review relevant local/regional planning documents/studies/ plans (such as the General Plan, Vision Zero Action Plan, etc.), design standards, and policy documents to obtain a full understanding of the issues previously identified, prior community partner and public input, planned and recommended improvement strategies, andpolicy guidelines. Design standards will be reviewed with a lens intended to identify opportunities and challenges for design and implementation of low stress networks. The relevant existing and funded multimodal transportation facilities will be mapped to provide context for needs, vision, and opportunities. Task 1.3. Peer City Best Practices And Lessons Learned We will develop a case study review document and propose hosting an educational workshop to help City staff understand best practices and lessons learned from peer cities nationally and internationally. Case study cities could include Portland, Oakland, Charlotte, Boston as well as international case studies.Task 1.4. Existing Conditions AssessmentKittelson will analyze existing conditions using layering approach to synthesize data for a deeper understanding of what it is like to travel in Sacramento today. This will include: Neighborhood Serving Destinations. To determine which day-to-day services, amenities, and locations we need to serve we will conduct an analysis to determine major neighborhood serving destinations. This may include:oUtilizing count data, transit ridership, STRAVA, shared rideable ride report, and other data tounderstand where and when people are traveling.oConducting demand analysis to understand where people want to walk, bike, and roll.oCoordinating with the ATP project team to develop a citywide survey to determine which day-to-day services and amenities individuals prioritize within a 15-minute walk, bike, or roll. Kittelson assumes we will provide input on survey questions, but the survey will be conducted and summarized by the ATP project team. 15-Minute Neighborhood Boundaries. Once the neighborhood serving destinations have been identified, 15-minute service areas will be drawn based on 15-minute walk/bike sheds and existing neighborhood boundaries. This may include:o Identifying clusters of neighborhood serving destinations, with a focus on grouping a variety of daily needs in each cluster. oUtilizing GIS to create 15-minute walk/bike sheds from each cluster of destinations.oOverlaying the 15-minute walk/bike sheds on existing neighborhood, geographic, transportation,and other boundaries identify logical boundaries for each 15-minute neighborhood.Network Assessment. Beginning from the base of the numerous other recent corridor and areawide transportation planning evaluations conducted by the City, and in coordination with the ATP network evaluation, we will conduct a comprehensive assessment of how our streets are used and performing today,including: o Inventory of presence and condition of pedestrian and bicycle facilities and supportive infrastructure.o Bicycle Level of Traffic Stress o Functional usage of corridors based on travel volumes, transit usage, truck designation, etc. o Safety assessment to identify key corridors of concern and locations with likely crossing challenges.This analysis will leverage the City’s Vision Zero High Injury Network while layering the most recent bicycle and pedestrian crash data into the analysis to target safety corridors or opportunity areas. o Readiness for low stress network improvements (i.e., feasibility of cost-effectively improving the roadway with treatments to create a low-stress environment for walking or biking).o Equity Index to illustrate areas of the city where: 1) transportation is of particular concern, and 2) historic and current social inequities existWhere network assessments have been recently undertaken through other studies or are conducted as part of theconcurrent ATP development, our team will leverage the data from those assessments to focus and reallocate our work on moving the network into implementation.Task 1.5. Existing Condition Report The data and information generated from Tasks 1.1.-1.4 above will be compiled into a graphic and easy to understand existing conditions report. We will also develop presentation materials, infographics, and other elements, as needed, for the presentation of materials to the community, elected officials, and other partners as described in Task 3. TASK 1 DELIVERABLES Inventory of city roadway network and supportive infrastructure Inventory of neighborhood-serving destinations Draft and Final Existing Conditions ReportTASK 2. ALTERNATIVES ANALYSIS Not every street identified as a priority for people walking and biking will be part of the 15-Minute NeighborhoodNetwork. Some might provide longer distance connections on higher volume roads, and some might be shared use paths. The alternatives analysis is a critical task that develops the 15-Minute Neighborhood Network and context-sensitive design concepts to calm traffic and support the Network.Task 2.1. Guiding Principles Based on the existing conditions synthesis, Phase 1 community engagement conducted by the ATP Project Team, and Technical Advisory Group (TAG) input, Kittelson will draft Guiding Principles to guide the ultimate 15-Minute Network development. The City has already been working towards a safer, low-stress network and will leverage existing principles to the extent applicable.Possible principles could include closing gaps, creating safe, low-stress connections to key destinations, andutilizing infrastructure investments to make our streets safer.Task 2.2. 15-Minute Neighborhood Network Criteria Building off the Guiding Principles and in coordination with City staff and the ATP Project Team, we will identify an evaluation methodology to define the 15-Minute Neighborhood Network. The criteria could include both quantitative and qualitative criteria, such as: Evenly distributed connectivity between homes and neighborhood destinations identified in Task 1 Presence and quality of active transportation facilities Multimodal uses of the corridor (i.e., high frequency transit corridor, designated freight corridors, etc.) Safety assessment Perceived level of comfort or enjoyability (i.e., surface conditions, land use context, etc.) Feasibility for funding and implementation Community support provided through the engagement process Task 2.3. 15-Minute Neighborhood Preferred Network The preferred network will be developed utilizing Mobycon’s STAR Analysis technique, a highly visual way to identify “stars” of priority origin and destination points. Conducted via GIS and through interactive mapping exercises, the analysis identifies trip desire lines. The 15-Minute Neighborhood criteria will then be applied to the streets connecting the trip desire lines to identify a preferred 15-Minute Neighborhood Network. This network will be presented to the City and community for review and input. Once the final preferred network is identified, we will work with City staff to identify how best to integrate it into existing citywide maps, including potentially updating the City’s Summer 2020 Bikeway User Map. We may also assist in developing the data for a similar walking map. This effort will be closely coordinated with any mapping efforts undertaken by the ATP Project Team to avoid duplication of efforts. Task 2.4. Connectivity Gaps and Project List Once we understand the 15-Minute Neighborhood Network we will identify neighborhood subarea gaps andprojects. We will conduct an analysis to determine gaps in the current and future transportation networks. Gaps may include: Safety: Projects that have a higher potential to qualify for Highway Safety Improvement Program (HSIP) and other safety funds. High Impact Connections: Small to moderate-sized projects that provide access to major activity centers (such as schools and parks) from a nearby neighborhood destination. Existing Facility Improvements: Critical high-traffic stress facilities that may benefit from facility upgrades. Intersection Improvements: Prototype and location- specific intersection designs which prioritize people who bike, such as signal design, protected intersections, and signing and marking improvements.After identifying gaps and needs, corridor-specific strategies and project recommendations will be developed. Theproject identification will incorporate recommendations for people with disabilities and other accessibility considerations. Task 2.5. Traffic Calming Toolbox The traffic calming toolbox will help educate staff, community partners, and the public about the potential optionsfor addressing neighborhood traffic issues and demonstrate success stories from other locations. Kittelson will prepare Traffic Calming Toolbox that focuses on the following: Context-Based Design: We recommend the toolbox include a universe of options which meet the varied needs of Sacramento’s neighborhoods and land use context. For example, older, more constrained and grid-based neighborhoods like Oak Park or Old North Sacramento might benefit from traffic diverters and vertical traffic calming elements while newer suburban neighborhoods with wider streets like Natomas with wider streets might have more space for separation between modes through lane repurposing.
Decision-Makers Have a Seat at the Table: We plan to conduct a multi-phased departmental coordination andcollaboration process to make sure the people who are the intended users and implementers of thetoolbox understand the intent of the typologies and design toolbox, but most importantly have a say in howit is developed so it fits everyone’s needs.In addition, the toolbox we will provide illustrations and descriptions of a variety of countermeasures, outline effective opportunities for their use, define Sacramento-specific contexts in which the measures areapplicable, and describe their pros and cons. The toolbox will heavily incorporate graphics to communicate important messages and design considerations.Task 2.6. Strategic Corridor Concept DesignsPotential mitigation strategies will be developed into one or more initial concepts for addressing up to 10 strategic corridors or concepts for implementation. These concepts could include short-term, quick-win projects, such as signing or striping changes, that could be implemented relatively quickly, as well as longerterm concepts that would go through the full project development process following the study. The concepts will focus on showing how a variety of improvements can be selected and designed in a context sensitive manner throughout the City.Task 2.7. Cost Estimates We will develop cost estimates for each treatment included in the toolbox. Cost estimates will consider important soft costs, potential funding constraints for different grant programs, and other common implementation costs like utility coordination and relocation or ADA improvement triggers. The process and templates will include the various engineering elements as well as maintenance and operational costs.Task 2.8. Alternatives Analysis Report The information discussed above will be compiled into a graphic and easy to understand alternatives analysis report. We will also develop presentation materials, infographics, and other elements as needed for the presentation of materials to the community, elected officials, and other community partners.TASK 2 DELIVERABLES Criteria for identification of 15-Minute Neighborhood roadway network 15-Minute Neighborhood preferred roadway network Traffic calming countermeasures toolbox with scaled designs Cost estimates for traffic calming countermeasures Alternatives Analysis Report TASK 3. COMMUNITY LISTENING AND ENGAGEMENTWe understand community and partner engagement is critical in developing a successful Plan, and that engagement comes in different forms. For this plan to efficiently guide future implementation actions and funding decisions, we must build relationships with partners and develop trust and understanding with the many communities of Sacramento throughout the project. Task 3.1. Community Engagement PlanThe Kittelson Team will meet with the ATP Project Team and City staff and provide input to help guide all subsequent outreach and engagement efforts specific to the 15-Minute Neighborhood Plan. This input will outline the sequence of the planned engagement tools and activities, and define the coordination and timing of the 15-Minute Neighborhood Plan engagement work in relation to the ATP. PlaceWorks will work with City staff to identify potentially underrepresented community areas in the city and provide suggestions on potential community partners beyond the Streets for People Community Planning Team (CPT) to include in specific neighborhood engagement. The Kittelson Team will provide input on the ATP community engagement plan describing how community input and feedback for the 15-Minute Neighborhood Plan will be incorporated throughout each stage of the process, as well as how we will report back to participants about how input was used to update the plan recommendations. will provide input to the ATP Project Team’s Community Engagement Plan to define the approach, strategies, tools, and potential partners for engagement activities for the 15-Minute Neighborhood Plan. Task 3.2. Community Engagement The Community Engagement for the 15-Minute Neighborhood Plan will be organized into the following phases: Listen First and Understand will focus on obtaining perspectives and opinions from the public and community partners regarding current transportation systems, where and how people travel in each community area of Sacramento today, the places they want to go, and their vision for travel in the future. This phase of the outreach will be conducted by the ATP Project Team with input from the Kittelson Team on needs for the 15-Minute Neighborhood Plan.What Can Be Done?This phase will facilitate discussion on the range of options and ways the plan can complete the 15-Minute Neighborhood Network. It will also include discussion regarding potential trafficcalming tools to understand what people are interested in or want to know more about in each neighborhood. This phase will include presentations and neighborhood workshops in each of the ten planning areas as well as a virtual component and coincide with the project team’s development of the 15-Minute Neighborhood Network.Presenting the Planwill focus on presenting the plan, educating community members about the features, and drawing connections between the comments received and the final network and solutions. This phase is envisioned to be primarily accomplished via virtual engagement on the website and social media.Development of Outreach Materials PlaceWorks will prepare eye-catching and clearly understandable materials for up to 24 project notifications, including but not limited to e-blasts, social media notifications, flyers, etc. These materials will notify community members of upcoming meetings, community surveys, walk audits, and other engagement events for the 15-Minute Neighborhood Plan.
The Project Team will provide a draft of all materials for City staff for review and comment. PlaceWorks will incorporate City staff comments into the final version of notification materials to be presented to the City. All materials will be produced in Spanish and English, and additional languages for different Planning Areas as appropriate. It is assumed that City staff will be responsible for distributing project notifications.Engagement Event MaterialsPlaceWorks, in partnership with the CCG and City staff, will create engagement event materials to support the community education and engagement efforts in Task 3.4. Preliminarily, we anticipate that the materials will include informational PowerPoint presentations, educational handouts, or other related materials that staff and CBO partners can easily customize and/or integrate on their websites.As part of this effort PlaceWorks will create a set of materials that City staff can use in a “Roadshow” event, to be replicated in each of the ten Planning Areas, which will include a presentation, facilitation guide, workshop materials such as maps and game pieces, and summary template. PlaceWorks will develop graphic materials suitable for showing at community workshops, pop-ups and walk audits. The materials will be mounted on boards for easy display by City staff at outreach events. All materials will be graphically related, with similar border colors and graphics. The content will be provided by the Project Team. In addition, PlaceWorks will adjust the graphic materials to be suitable for projection in meetings, and for display in virtual outreach events. Phase I - Awareness and Info Gathering It is assumed that Phase I outreach will be handled by the ATP Project Team with input from the 15-Minute Neighborhood Plan Project Team. The Kittelson Team will attend one meeting with the ATP Project Team to provide input on outreach-related text. In addition, The Kittelson Team will review survey questions developed by the ATP Project Team, if any, and suggest changes or additional questions regarding the 15-Minute Neighborhood Plan project. Phase II – Goals, Network and SolutionsThis phase would approach community members to set goals for the project, inform network location selection and review potential types of solutions. The outreach would be conducted through a large scale virtual community workshop, focus groups, pop-up events in different Plan Areas, and a “roadshow” workshop that could be taken to events throughout the ten Planning Areas in the city. We will provide a draft of all materials for City staff for review and comment. We will incorporate City staff comments into the final version of engagement event materials to be presented to the City. All materials will be produced in Spanish and English, and additional languages for different Planning Areas as appropriate.Citywide Goals, Network and Solutions Workshop– This would be a citywide virtual workshop to discussconceptual development of the 15-minute network. It is anticipated to be a Zoom meeting or similar, with breakout rooms for discussion in smaller groups, and a report back at the end of the meeting. The Kittelson Team will organize the workshop format, run a sign-up application such as Eventbrite, prepare the workshop presentation, provide one facilitator/moderator, one multilingual staff member, and up to two additional staff to support the workshop. A summary from the workshop will be provided following the meeting. Neighborhood “Road Show” Workshops – The Project Team will provide a kit of parts for City staff, Neighborhood Associations or CBOs to hold meetings with different groups throughout the city. The “Road Show” kit would include a meeting agenda, sign-in sheet(s), a PowerPoint presentation and one to two activities/exercises for community members to weigh in on the development of plan concepts. The materials would be presented in a kit that can easily be transported and set up. We anticipate these meetings would be part of regularly scheduled neighborhood meetings. The Kittelson Team will provide 1-2 staff members to support up to 10 neighborhood meetings.Pop-up Events – Similar to the “Road Show”, the Kittelson Team will prepare and provide a pop-up kit that would include informational and/or activity display boards, sign-in sheets, and exercise materials to be used for pop-up events at key locations such as farmers markets, churches, or schools. The exercises would be tailored to appeal to passers-by and easy to understand and complete. Kittelson Team will provide 1-2 staff members for up to five (5) pop-up events.Walk Audits – We will lead half-day (4 hour) walk audits with community members and agency staff for up to five (5)audits and will plan them in conjunction with the ATP team. We know that the City has already conducted significant walk audits in portions of the city and additional walk audits in those areas may provide lesser benefitthan in other areas. Therefore, we will work with the City to determine which neighborhoods to prioritize for the five (5) walk audits to equitably invest our projects and resources and maximize its effectiveness. As desired and feasible given budget constraints, we will also consider other ways to get people out and moving around, like demonstration projects. Phase III - Present Draft Plan and Receive Comments For Phase III outreach, the Kittelson Team will support the City to get input on recommendations in the Draft Plan regarding goals, network and toolkit elements, as well as priorities for implementation of improvements. The Kittelson Team will provide a draft of all materials for City staff for review and comment. PlaceWorks will incorporate City staff comments into the final version of engagement event materials to be presented to the City. All materials will be produced in Spanish and English, and additional languages for different Planning Areas as appropriate. Citywide Draft Plan Workshop – At this interactive online workshop, the draft plan recommendations would be presented for discussion. Breakout rooms would be used to foster small group discussions, with each room potentially based on a different Planning Area. The Kittelson Team will organize the workshop format, run a sign-up application such as Eventbrite, prepare the workshop presentation, provide one facilitator/moderator, one multilingual staff member, up to two additional staff, as well as provide a workshop summary.Task 3.3. Community Partner Engagement During the development of the Comprehensive Engagement Plan, the Kittelson Team will work with the City andATP Project Team to conduct meetings with the advisory groups established by the ATP Project Team in Phase 1 of the outreach. We anticipate that the advisory committees will consist of: Community Planning Team (CPT):In coordination with ATP Project Team, as appropriate, we will host interactive meetings with the Streets for People CPT to gain an understanding of current conditions and issues, and to discuss potential improvement scenarios in advance of broader community conversations. To ensure that outreach activities are effective, the CCG will be asked to: o share with their social networks invitations to community engagement opportunities o help identify events and venues to meet people where they are, and o review and suggest engagement activities that will be effective in their communities.The Kittelson team will conduct and present at up to four (4), two-hour CPT meetings.Additionally, as needed, Kittelson will conduct up to four (4) two-hour meetings with neighborhood-specific community partners where not identified by the ATP. Kittelson assumes the City will assist in identifying neighborhood-specific partners for these meetings.Technical Advisory Group (TAG): Working withCity staff, we will develop a core working group of City staff that will function to support data access, involve staff and community partners as needed beyond the group, and ultimately be responsible for implementation.Outside community partners that could be invited to this committee as key implementation partners at various points during the project include Caltrans, Sacramento County, Sacramento Regional Transit, Civic Thread, and Sacramento Area Bicycle Advocates. The group will regularly meet to help guide project decisions and review the team’s draft work products.The Kittelson team will conduct and present at up to five (5), two-hour TAG meetings. Political Community: We anticipate the project team will provide regular updates and communication with City Council liaisons and City committee meetings. Elected officials will be kept informed of the Plan’s progress, asked to discuss constituent concerns, and share/ learn about community-building policies for investigation by the team. The Kittelson team will prepare materials for these updates and, as desired, attend up ten (10) one-hour meetings with City staff and elected officials or community partners to provide the updates. TASK 3 DELIVERABLES Community Engagement Plan Meeting with ATP Project Team Input on Draft and Final Community Engagement Plan Up to 24 Project Website and Social Media Notification Announcements/Materials Engagement materials for all Kittelson Team engagement activities Up to two (2) Citywide Virtual Workshops Up to ten (10) Neighborhood “Road Show” Workshops Up to five (5) Pop-Up Engagement Events UP to five (5) Neighborhood Walk Audits (4 hours each) Up to nine (9), two-hour CPT and TAG Meetings Up to four (4), two-hour neighborhood-specific partner meetings Up to ten (10) one-hour meetings with elected officials or community partners TASK 4. DRAFT AND FINAL PLANTask 4.1. Admin Draft and Public Draft 15-Minute Neighborhood Network Plan and Executive SummariesPrevious working papers, public and community partner feedback, and other input regarding recommendations will be compiled into a draft of the Final Report. The report will heavily utilize graphics and will be written in a mannerthat is easy to understand for non- technical audiences.To assist City staff in bringing the Plan to life, the Draft Final Plan will also include:Toolbox Guide to Working with Partners.The Toolbox will include a section delineating the different partners, internal and external, that may need to be consulted to get projects built. This could include steps for design review or encroachment permitting or for adding landscape or comfort features to a street project. We will work with City staff, Caltrans, and SacRT to document key coordination steps for projects that would impact transit corridors or stops, or Caltrans facilities. 15-Minute Neighborhood Network Equity Benefits Guide. To help ensure the network achieves the goals, an outcomes assessment will be conducted to evaluate how proposed improvements may help move the needle in terms of improving public health, equity, and mobility goals. Funding Game Plan. We will identify the various priorities within the overall network to identify portions of the network that may be separated out for future grant funding or project development opportunities. Our team will coordinate this approach with an emphasis on developing appropriate projects to be integrated into the Transportation Priorities Plan prioritization process. We will identify metrics for neighborhoods or projecttypes to support successful grants based on demographic, safety, and other elements which are typically considered in the grant application process. We will submit the Admin Draft Plan and an example Executive Summaries to City staff and TAG for review. We will revise the Admin Draft Plan based on a consolidated set of comments to develop the Draft Plan. With the preparation of the Public Draft Plan we will develop graphic-intensive Executive Summaries to serve as a standalone summary for neighborhoods. We will submit the Public Draft Plan and Executive Summaries to City staff and the TAG, for review and presentation.\Task 4.2. Final Draft and Final 15-Minute Neighborhood Network Plan and Executive SummariesBased on a consolidated set of comments on the Public Draft Plan and Executive Summaries, we will finalize and submit a Final Draft Plan and Executive Summaries to the City for presentation to the City Council including a list and summary of comments received from the public. Following the presentation to the City Council, we will revise consistent based on consolidated comments from City staff to develop the Final Plan and Executive Summaries. The Final Plan will be submitted to Caltrans as a standalone report and shared with the ATP Project Team to integrate into the Citywide ATP report. TASK 4 DELIVERABLES Administrative Draft 15-Minute Neighborhood Network Plan Public Draft 15-Minute Neighborhood Network Plan Final Draft 15-Minute Neighborhood Network Plan Final 15-Minute Neighborhood Network Plan Staff reports and presentation materials City of Sacramento 15Minute Neighborhoods PlanProject Duration: May 2023February 2025May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan FebProject ManagementK1Existing Conditions AnalysisDR FR2Alternatives Analysis2.1 Guiding Principles2.215Min Neighborhood Network Criteria2.3 15Minute Neighborhood Preferred Network2.4Connectivity Gaps and Project List2.5Traffic Calming ToolboxDR FR2.6 Strategic Corridor Concept Designs2.7Cost Estimates2.8 Alternatives Analysis Report DR FR3Community Listening and Engagement3.1Comprehensive Engagement PlanDR FR3.2Community Engagement3.3Stakeholder and Partner EngagementTAG CPTTAG CPTCPT TAG TAG CPTTAG4 Draft and Final PlanDraft 15Min Neighborhood Network PlanAD DRFinal 15Min Neighborhood Network Plan FDR CC FRPhase 1: Sacramento TodayPhase 2What is the 15Minute Network?Phase 3What Can Our 15Minute Network Look Like?Phase 4How Do We Make It Happen?KKickoff MeetingIACInternal Advisory CommitteeCCGCommunity Consulting GroupADAdmin DraftDRDraft ReportFDRFinal Draft ReportFRFinal ReportCCCity Council Meeting2025Phase 3: Presenting the PlanPhase 1: Listen First and Understand Phase 2: What Can Be DoneTask2024
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1 EXHIBIT B PAYMENT 1. CONTRACTOR’s Compensation. The total of all fees paid to the CONTRACTOR for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $ 430,062.00. The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract. 2. Billable Rates. Contractor shall be paid for the performance of Services on an hourly rate, daily rate, flat fee, lump sum, or other basis, as set forth in Exhibit A or Attachment 1 to this Exhibit B and any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls. 3. CONTRACTOR’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of CONTRACTOR for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City. No charges or markup will be allowed unless specified in the Contract, including charges for travel and transportation. 4. Payments to CONTRACTOR. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction. A. Payments to CONTRACTOR shall be made within a reasonable time after receipt of CONTRACTOR’s invoice, in proportion to services performed or as otherwise specified in Attachment 1 to Exhibit B. CONTRACTOR may request payment on a monthly basis. CONTRACTOR shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of CITY. B. Invoices must be submitted to either of the addresses specified below. (1) Email. Submit email invoices and any attachments to: (2) Postal Mail. If emailing is not an option, mail to: A/P Processing Center City of Sacramento 915 I Street, Floor 4 Sacramento, CA 95814-2608 C. All invoices submitted by CONTRACTOR must contain the following information: (1) Job/Project Name (2) CITY’s current Purchase Order Number (3) CONTRACTOR’s Invoice Number (4) Date of Invoice Issuance (5) Work Order Number (if applicable) (6) CITY representative identified on the Purchase Order (7) CONTRACTOR’s remit address
Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (8) Description of services billed under Invoice (9) Amount of Invoice (itemize all authorized Reimbursable Expenses) (10) Total Billed to Date under Contract (if applicable) D. Items must be separated into Services and Reimbursable Expenses. Invoices that do not conform to the format outlined above will be returned to CONTRACTOR for correction. CITY is not responsible for delays in payment to CONTRACTOR resulting from CONTRACTOR’s failure to comply with the invoice format described above. 5. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services. 6. Accounting Records of CONTRACTOR. During performance of this Contract and for a period of three years after completion of performance, CONTRACTOR shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the CITY upon reasonable written notice. 7. Tax Payments. CONTRACTOR shall pay, when and as due, any and all taxes incurred as a result of CONTRACTOR’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. CONTRACTOR hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of CONTRACTOR’s breach of this section. 1Last Updated 7/24/14
I. COMPENSATION AND PAYMENTA. CONTRACTOR shall not commence performance until a writtenNoticetoProceedhas been issued by CITY Project Manager.B. CONTRACTOR shall be reimbursed for services at the specific rate of compensation inthe approved 10H Form(s). Unless specifically identified as some other method, thespecified rates shall include direct/base hourly rate, fringe benefits, overhead, andprofit.C. CONTRACTOR shall be reimbursed for Other Direct Costs (ODC), at rates as identifiedon the approved 10H Form(s) with receipts for actual costs.D. If applicable, CONTRACTOR shall pay prevailing wages to those workers employed onpublic works contracts performing applicable duties as required by the State LaborCode and City Code 3.60.180. CONTRACTOR shall be responsible for any futureadjustments to prevailing wage rates including, but not limited to, base hourly ratesand employer payments as determined by the Department of Industrial Relations.Based on prevailing adjustments, CONTRACTOR may request an adjustment in therate(s) in the 10H form. These adjusted rates will not go into effect until theapproval date by the City of the Supplemental Agreement. CONTRACTOR isresponsible for paying the appropriate rate, including escalations that take placeduring the term of the Agreement. A mistake, inadvertence, or neglect byCONTRACTOR in failing to pay the correct rates of prevailing wage will be remediedsolely by CONTRACTOR and will not, under any circumstances, be considered as thebasis of a claim against CITY on this Agreement.E. Unless specifically stated, the contract shall be a nottoexceed by task, Other DirectCost (ODC) line item, and total budget as included in the Cost Proposal. Writtenapproval by CITY Project Manager is required for reallocation of budget betweentasks, between ODC line items, or between tasks and ODCs. All reallocation requestsmust include a revised Cost Proposal. If the reallocation will directly or indirectlyrequire an increase in the total contract amount, it will be require a SupplementalAgreement to be approved by the CITY as described in Section G.F. Written approval by CITY Project Manager is required for any staff substitutions oradditions of staff under classifications included in the 10H Form(s). 2Last Updated 7/24/14
1.Updated 10H Form(s) for CONTRACTOR and all SUBCONTRACTORS shall beincluded.2.Any addition or substitution shall be paid at the same or lower rate of thepreviously approved or similar classification.3.If a substitution involves Key Staff, CONTRACTOR shall request and justify theneed for substitution and obtain written approval from CITY Project Manager.The justification shall include a resume of the proposed new Key Staff.If the staff addition or substitution will include a new classification, any rateincrease, or will directly or indirectly require an increase in total contract amount, itwill require a Supplemental Agreement to be approved by the CITY as described inSection G.No work shall commence until written approval by the CITY Project Manager. Anywork not in compliance with the above, and performed prior to the date of approvalby the City, shall not be reimbursed.Supplemental Agreements are required for any changes to the scope and terms of theagreement, including but not limited to the following:Increasing the Agreement nottoexceed amount.Any increase to the nottoexceed amount shall include a cost proposaldocumenting the increase.Adding task(s) within the advertised scope.Adding new classifications or adjusting rates:Updated 10H Form(s) for CONTRACTOR and all SUBCONTRACTORS shall beincluded.CONTRACTOR may request cost of living increases in base salary of staff afterthe contract has been in effect foryear. The maximum increase, ifapproved, shall be the annual Cost of Living Adjustment (COLA) increase ascalculated and used by the Social Security Administration. Any approvedincrease shall not go into effect until a Supplemental Agreement is executed.Adding SUBCONTRACTORS.Adding new Other Direct Cost (ODC) items not included in 10H Form.Extending the sunset date of the Agreement. 3Last Updated 7/24/14
No work shall commence until the Supplemental Agreement is executed and writtennotification has been provided by CITY Project Manager. Any work not in compliancewith the above, and performed prior to the date of the execution of theSupplemental Agreement by the City, shall not be reimbursed.H. Monthly Invoices1. Invoices shall be made in arrears based on services provided at specific hourlyrates and other direct cost(s) incurred per the approved 10H Form(s).2. CONTRACTOR AND SUBCONTRACTOR invoices shall be submitted using the Citytemplate and include the following:a. Task, Budget, and Billing Summary.b. A copy of all invoices for Other Direct Costs and appropriate back updocumentation, at rates consistent with the approved 10H Form(s).c. A copy of SUBCONTRACTOR invoices using the City template.d. CONTRACTOR ProjectManagerssignature certifying that all charges have beenreviewed and are in compliance with the contract terms.e. Written approval of CITY Project Manager for any overtime expenses forPrevailing Wage staff consistent with the approved 10H Form(s).f. Written approval by CITY and CONTRACTOR of Reallocation of Budget betweenTasks or between Tasks and Other Direct Costs.3. For nonfederally fundedprojects, CONTRACTOR shall meet the 5% Local BusinessEnterprise (LBE) participation requirement, unless an LBE waiver has beenobtained by CITY Project Manager prior to the agreement being executed.CONTRACTOR will track LBE utilization, including for all subcontractors, and includethe percentage achieved with each invoice. The 5% requirement onlyapplies tothose agreements awarded for a nottoexceed amount over $100,000.4. For federally funded projects in compliance with 49 CFR 26.37, a DisadvantagedBusiness Enterprises Utilization Report (Form ADM3069) is required, as specifiedin this Agreement.5. CONTRACTOR may include SUBCONTRACTOR costs that are treated by theCONTRACTOR as accrued due to such costs having been billed by theSUBCONTRACTOR to CONTRACTOR and recognized by CONTRACTOR and CITY asvalid, undisputed, due and payable. 4Last Updated 7/24/14
6. CONTRACTOR shall not add a markup to SUBCONTRACTORs for professionalservices or other direct costs included in the approved 10H form(s).7. Invoices for approved monthly services shall be submitted by CONTRACTOR andreceived by CITY Project Manager within 45 calendar days of the completion of theapproved monthly services specified in the Task, Budget, and Billing Summary.II. COST PRINCIPLESA. All costs must be applied consistently and fairly to all contracts. All documentation ofcompliance must be retained in the project files.B. For federally funded projects, all costs must be in accordance with the cost principlesof Title 48 Code of Federal Regulations (CFR), Part 31, Contract Cost Principles andProcedures (48 CFR 31 et seq.).C. For federally funded projects, CONTRACTOR agrees to comply with federalprocedures in accordance with Title 49 CFR, Part 18, Uniform AdministrativeRequirements for Grants and CooperativeAgreements to State and LocalGovernments (49 CFR 18).D. Any costs for which payment had been made to CONTRACTOR that are determined bysubsequent audit to be unallowable under 48 CFR 31 or 49 CFR 18 are subject torepayment by CONTRACTOR to CITY.III. CONFLICT OF INTERESTA. CONTRACTOR shall disclose any financial, business, or other relationship with CITYthat may have an impact upon the outcome of this contract, or any ensuing CITYconstruction project. CONTRACTOR shall list current clients who may have afinancial interest in the outcome of this contract, or any ensuing CITY constructionproject, which will follow.B. CONTRACTOR certifies that it does not now have, nor shall it acquire in the future,any financial or business interest that would conflict with the performance ofservices under this contract.C. Any subcontract entered into as a result of this contract, shall contain all of theprovisions of this Article III. 5Last Updated 7/24/14
D. CONTRACTOR certifies that neither CONTRACTOR, nor any firm affiliated withCONTRACTOR will bid on any construction contract, or on any contract to provideconstruction inspection for any construction project resulting from this contract.An affiliated firm is one, which is subject to the control of the same personsthrough jointownership, or otherwise.E. Except for SUBCONTRACTORS whose services are limited to providing surveying ormaterials testing information, no SUBCONTRACTOR who has provided designservices in connection with this contract shall be eligible to bid on any constructioncontract, or on any contract to provide construction inspection for anyconstructionproject resulting from this contract.IV. PROVISIONS FOR REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATIONCONTRACTOR warrants that this contract was not obtained or secured through rebateskickbacks or other unlawful consideration, either promised or paid to any CITY employee.In the event of breach or violation of this warranty, CITYshall have the right in itsdiscretion: to terminate the contract without liability; to pay only for the value of thework actually performed; or to deduct from the contract price; or otherwise recover thefull amount of such rebate, kickback or other unlawful consideration.V. PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS FOR LOBBYINGA. CONTRACTOR 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 paidbyoron behalf of CONTRACTOR to any person for influencing or attemptingtoinfluence an officer or employee of any state or federal agency; a Memberof the State Legislature or United States Congress; an officer or employee ofthe Legislature or Congress; or any employee of a Member of the Legislatureor Congress, in connection with the awarding of any state or federal contract;the making of any state or federal grant; the making of any state or federalloan; the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment, or modification of any state or federalcontract, grant, loan, or cooperative agreement.2. If any funds other than federalappropriated funds have been paid, or will bepaid to any person for influencing or attempting to influence an officer oremployee of any federal agency; a Member of Congress; an officer oremployee of Congress, or an employee of a Member of Congress; in 6Last Updated 7/24/14
connection with this federal contract, grant, loan, or cooperative agreement;CONTRACTOR shall complete and submit Standard FormLLL,DisclosureForm to ReportLobbying,in accordance with its instructions.B. This certification is a material representation of fact upon which reliance wasplaced when this transaction was made or entered into. Submission of thiscertification is a prerequisite for making or entering into this transaction imposedby Section 1352, Title 31, US. Code. Any person who fails to file the requiredcertification shall be subject to a civil penalty of not less than $10,000 and notmore than $100,000 for each such failure.C. CONTRACTOR also agrees by signing this document that he or she shall requirethat the language of this certification be included in all lowertier subcontracts,which exceed $100,000, and that all such sub recipients shall certify and discloseaccordingly.VI. AUDIT REVIEW PROCEDURESA. Any disputeconcerning a question of fact arising under an interim or post audit ofthis contract that is not disposed of by agreement, shall be reviewed byCITYSChief Financial Officer.B. Not later than 30 days after issuance of the final audit report, CONTRACTOR mayrequest a review byCITYSChief Financial Officer of unresolved audit issues. Therequest for review will be submitted in writing.C. Neither the pendency of a dispute nor its consideration by CITY will excuseCONTRACTOR from full and timely performance, in accordance with the terms ofthis contract.D. CONTRACTOR andSUBCONTRACTORScontracts, including cost proposals andindirect cost rates (ICR), are subject to audits or reviews such as, but not limited to,a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified publicaccountant (CPA) ICR Audit Workpaper Review. If selected for audit or review, thecontract, cost proposal and ICR and related workpapers, if applicable, will bereviewed to verify compliance with 48 CFR, Part 31 and other related laws andregulations. In the instances of a CPA ICR Audit Workpaper Review it isCONTRACTORsresponsibility to ensure federal, state, or local government officialsare allowed full access to theCPAsworkpapers. The contract, cost proposal, andICR shall be adjusted by CONTRACTOR and approved by CITY contract manager toconform to the audit or review recommendations. CONTRACTOR agrees thatindividual terms of costs identified in the audit report shall be incorporated into 7Last Updated 7/24/14
the contract by this reference if directed by CITY at its sole discretion. Refusal byCONTRACTOR to incorporate audit or review recommendations, or to ensure thatthe Federal, State, or local governments have access to CPA workpapers, will beconsidered a breach of contract terms and cause for termination of thecontractand disallowance of prior reimbursed costs.VII. SUBCONTRACTINGA. CONTRACTOR shall perform the work contemplated with resources availablewithin its own organization; and no portion of the work pertinent to this contractshall be subcontracted without written authorization byCITYSContractAdministrator, except that, which is expressly identified in the approved CostProposal.B. Any subcontract entered into as a result of this contract, shall contain all theprovisions stipulated in this contract to be applicable to SUBCONTRACTORS.C. Any substitution of SUBCONTRACTORS must be approved in writing byCITYsContract Administrator prior to the start of work by the SUBCONTRACTOR.VIII. RETENTION OF RECORDS/AUDITA. For the purpose of determining compliance with Public Contract Code 10115, etseq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq.,when applicable and other matters connected with the performance of thecontract pursuant to Government Code 8546.7; CONTRACTOR, SUBCONTRACTORS,and CITY shall maintain and make available for inspection all books, documents,papers, accounting records, and other evidence pertaining to the performance ofthe contract, including but not limited to, the costs of administering the contract.All parties shall make such materials available at their respective offices atallreasonable times during the contract period and for three years from the date offinal payment under the contract. The state, State Auditor, CITY, FHWA, or anyduly authorized representative of the Federal Government shall have access to anybooks, records, and documents of CONTRACTORS that are pertinent tothecontract for audit, examinations, excerpts, and transactions, and copies thereofshall be furnished if requested. All subcontracts shall contain this provision.*All referenced forms and sample templates will be provided by CITY.
Matt Braughton, RSP1Laurence Lewis, AICP, LEED APChris Romano, AICP, LEED AP ND Phyllis Huegel Hermanus Steyn, PE OH + Fringe ProfitProject Manager Project Principal Senior Planner Associate PlannerSenior Principal Engineer 208.97% 10% Actual Base Hourly Rate $61.51 $74.97 $56.74 $63.58 $81.29 $51.41 $41.65 $41.56Task 1 Existing Conditions Analysis1.1 Data Collection and Existing Baseline Inventory Hours 2 1 2 12 17 $ 811.27 $ 1,695.31 $ 250.66 $ 2,757.24 1.2 Plan, Policy, and Standards Review Hours 4 1 8 13 $ 654.21 $ 1,367.10 $ 202.13 $ 2,223.44 1.3 Peer City Best Practices and Lessons Learned Hours 4 2 2 15 23 $ 1,134.21 $ 2,370.16 $ 350.44 $ 3,854.81 1.4 Existing Conditions Assessment Hours 8 2 4 14 48 76 $ 3,587.92 $ 7,497.68 $ 1,108.56 $ 12,194.16 1.5 Existing Conditions Report Hours 6 2 2 8 20 38 $ 1,876.76 $ 3,921.87 $ 579.86 $ 6,378.49 Task 1 Subtotal24 8 10 0 0 22 103 0 167 8,064.37 16,852.11 2,491.65 27,408.13 Task 2 Alternatives Analysis $ - 2.1 Guiding Principles Hours 2 2 8 2 14 $ 854.04 $ 1,784.69 $ 263.87 $ 2,902.60 2.2 15-Minute Neighborhood Network Criteria Hours 4 2 6 2 16 30 $ 1,686.14 $ 3,523.53 $ 520.97 $ 5,730.63 2.3 15-Minute Neighborhood Preferred Network Hours 8 4 16 4 36 78 10 156 $ 7,469.18 $ 15,608.35 $ 2,307.75 $ 25,385.28 2.4 Connectivity Gaps and Project List Hours 6 2 5 4 4 10 40 71 $ 3,562.28 $ 7,444.10 $ 1,100.64 $ 12,107.01 2.5 Traffic Calming Toolbox Hours 6 2 12 4 16 60 20 120 $ 6,670.64 $ 13,939.64 $ 2,061.03 $ 22,671.30 2.6 Strategic Corridor Concept Designs Hours 8 4 12 2 16 80 12 134 $ 7,512.16 $ 15,698.16 $ 2,321.03 $ 25,531.35 2.7 Cost Estimates Hours 4 2 8 8 40 62 $ 3,556.62 $ 7,432.27 $ 1,098.89 $ 12,087.78 2.8 Alternatives Analysis Report Hours 6 4 12 4 40 12 8 86 $ 4,492.82 $ 9,388.65 $ 1,388.15 $ 15,269.61 Task 2 Subtotal44 22 79 22 44 282 130 50 673 35,803.88 74,819.37 11,062.32 121,685.57 Task 3 Community Listening and Engagement3.1 Comprehensive Engagement Plan Hours 12 4 16 $ 1,038.00 $ 2,169.11 $ 320.71 $ 3,527.82 3.2 Community Engagement Hours 100 24 60 184 $ 11,034.88 $ 23,059.59 $ 3,409.45 $ 37,503.92 3.3 Stakeholder and Partner Engagement Hours 56 24 24 104 $ 6,477.68 $ 13,536.41 $ 2,001.41 $ 22,015.50 Task 3 Subtotal168 52 0 0 0 84 0 304 18,550.56 38,765.11 5,731.57 63,047.23 Task 4 Draft and Final Plan4.1 Admin Draft and Draft 15-Minute Neighborhood Network Plan and Executive Summary Hours 20 12 16 36 96 16 32 228 $ 12,258.24 $ 25,616.04 $ 3,787.43 $ 41,661.71 4.2 Draft Final and Final 15-Minute Neighborhood Network Plan and Executive Summary Hours 16 6 8 16 40 16 12 114 $ 6,126.70 $ 12,802.96 $ 1,892.97 $ 20,822.63 Task 4 Subtotal36 18 24 52 0 136 32 44 342 18,384.94 38,419.01 5,680.39 62,484.34 Total 272 100 113 74 44 524 265 94 1486 $ 80,803.75 $ 168,855.60 $ 24,965.93 $ 274,625.28 Other Direct Costs Cost Mileage $ 1,000.00 Flights (2) $ 800.00 ODC Subtotal 1,800.00 Grand Total $ 276,425.28 Technician II HoursSubtotal Labor Costs Total Cost15-Minute Neighborhood PlanTask / SubtaskKittelson & Associates, Inc.Staff Name and ClassificationPlanner/EngineerTransportation Analyst OH + Fringe Profit187.50% 10% Actual Base Hourly Rate $86.54 $51.92 $48.00 $39.00Task 1 Existing Conditions Analysis1.1 Data Collection and Existing Baseline Inventory Hours 0 $ - $ - $ - $ - 1.2 Plan, Policy, and Standards Review Hours 0 $ - $ - $ - $ - 1.3 Peer City Best Practices and Lessons Learned Hours 0 $ - $ - $ - $ - 1.4 Existing Conditions Assessment Hours 0 $ - $ - $ - $ - 1.5 Existing Condition Report Hours 0 $ - $ - $ - $ - Task 1 Subtotal0 0 0 0 0 - - - - Task 2 Alternative Analysis $ - 2.1 Guiding Principles Hours 0 $ - $ - $ - $ - 2.2 15-Minute Neighborhood Network Criteria Hours 0 $ - $ - $ - $ - 2.3 15-Minute Neighborhood Preferred Network Hours 0 $ - $ - $ - $ - 2.4 Connectivity Gaps and Project List Hours 0 $ - $ - $ - $ - 2.5 Traffic Calming Toolbox Hours 0 $ - $ - $ - $ - 2.6 Strategic Corridor Concept Designs Hours 0 $ - $ - $ - $ - 2.7 Cost Estimates Hours 0 $ - $ - $ - $ - 2.8 Alternatives Analysis Report Hours 0 $ - $ - $ - $ - Task 2 Subtotal0 0 0 0 0 0 0 0 0Task 3 Community Listening and Engagement3.1 Comprehensive Engagement Plan Hours 4 16 8 28 $ 1,560.88 $ 2,926.65 $ 448.75 $ 4,936.28 3.2 Community Engagement Hours 44 150 30 209 433 $ 21,186.76 $ 39,725.18 $ 6,091.19 $ 67,003.13 3.3 Stakeholder and Partner Engagement Hours 8 28 8 56 100 $ 4,714.08 $ 8,838.90 $ 1,355.30 $ 14,908.28 Task 3 Subtotal56 194 46 265 561 27,461.72 51,490.73 7,895.24 86,847.69 Task 4 Draft and Final Plan4.1 Draft 15-Minute Neighborhood Network Plan and Executive Summary Hours 0 $ - $ - $ - $ - 4.2 Final 15-Minute Neighborhood Network Plan and Executive Summary Hours 0 $ - $ - $ - $ - Task 4 Subtotal0 0 0 0 0 - - - - Total 56 194 46 265 561 $ 27,461.72 $ 51,490.73 $ 7,895.24 $ 86,847.69 Other Direct Costs Cost Mileage $ 894.00 Printing $ 1,200.00 ODC Subtotal 2,094.00 Grand Total $ 88,941.69 15-Minute Neighborhood PlanPlaceworksStaff Name and Classification HoursSubtotal Labor Costs Total CostTask / SubtaskBruce Brubaker, LEEP APErica Lindstrom AssociateProject Planner OH + Fringe Profit120.00% 10% Actual Base Hourly Rate* $200.00 $38.46 $155.00Task 1 Existing Conditions Analysis1.1 Data Collection and Existing Baseline Inventory Hours 0 $ - $ - $ - $ - 1.2 Plan, Policy, and Standards Review Hours 0 $ - $ - $ - $ - 1.3 Peer City Best Practices and Lessons Learned Hours 2 8 32 42 $ 307.68 $ 369.22 $ 67.69 $ 6,104.59 1.4 Existing Conditions Assessment Hours 0 $ - $ - $ - $ - 1.5 Existing Condition Report Hours 0 $ - $ - $ - $ - Task 1 Subtotal2 8 32 42 307.68 369.22 67.69 6,104.59 Task 2 Alternative Analysis2.1 Guiding Principles Hours 8 8 16 $ 307.68 $ 369.22 $ 67.69 $ 2,344.59 2.2 15-Minute Neighborhood Network Criteria Hours 8 16 24 48 $ 615.36 $ 738.43 $ 135.38 $ 6,809.17 2.3 15-Minute Neighborhood Preferred Network Hours 24 16 56 96 $ 615.36 $ 738.43 $ 135.38 $ 14,969.17 2.4 Connectivity Gaps and Project List Hours 0 $ - $ - $ - $ - 2.5 Traffic Calming Toolbox Hours 8 8 24 40 $ 307.68 $ 369.22 $ 67.69 $ 6,064.59 2.6 Strategic Corridor Concept Designs Hours 0 $ - $ - $ - $ - 2.7 Cost Estimates Hours 0 $ - $ - $ - $ - 2.8 Alternatives Analysis Report Hours 0 $ - $ - $ - $ - Task 2 Subtotal48 48 104 200 1846.08 2215.296 406.1376 30,187.51 Task 3 Community Listening and Engagement3.1 Comprehensive Engagement Plan Hours 0 $ - $ - $ - $ - 3.2 Community Engagement Hours 0 $ - $ - $ - $ - 3.4 Stakeholder and Partner Engagement Hours 80 40 56 176 $ 1,538.40 $ 1,846.08 $ 338.45 $ 28,402.93 Task 3 Subtotal80 40 56 176 1,538.40 1,846.08 338.45 28,402.93 Task 4 Draft and Final Plan4.1 Draft 15-Minute Neighborhood Network Plan and Executive Summary Hours 0 $ - $ - $ - $ - 4.2 Final 15-Minute Neighborhood Network Plan and Executive Summary Hours 0 $ - $ - $ - $ - Task 4 Subtotal0 0 0 0 - - - - Total 130 96 192 418 $ 3,692.16 $ 4,430.59 $ 812.28 $ 64,695.03 ODC Subtotal - Grand Total $ 64,695.03 15-Minute Neighborhood PlanTask / SubtaskMobyconStaff Name and ClassificationLennart Nout*Zach Vanderkooy Anna Wyner* HoursSubtotal Labor Costs Total Cost
Mobycon Inc. Date:XProject Name:Project #:Fringe Benefit % + *Overhead %=Combined %120.00% 120.00%Profit %:10.00%Key StaffPrevailing Wage Classification NameActual Base Hourly Rate Paid to Employee For Reference Only (Does not Include any Fringe or OH)Actual Fully Loaded Hourly Rate For Reference Only (Includes Fringe, OH & Profit)Approved Flat Hourly Billing RateXManager Lennart Nout (NETHERLANDS) $200.00 $200.00 $200.00Sustainable Mobility Consultant Anna Wyner (NETHERLANDS) $155.00 $155.00 $155.00Integrated Mobility Consultant Stephen Kurz (NETHERLANDS) $175.00 $175.00 $175.00Integrated Mobility Consultant Eveline de Jong (NETHERLANDS) $240.00 $240.00 $240.00Integrated Mobility Consultant Robin van der Griend (NETHERLANDS) $240.00 $240.00 $240.00Integrated Mobility Consultant Melissa Bruntlett (NETHERLANDS) $240.00 $240.00 $240.00Principal Johan Diepens (NETHERLANDS) $360.00 $360.00 $360.00Integrated Mobility Consultant Eric Post (CANADA) $160.00 $160.00 $160.00Integrated Mobility Consultant Emily Thomason (CANADA) $190.00 $190.00 $190.00Integrated Mobility Consultant Narayan Donaldson (CANADA) $200.00 $200.00 $200.00Integrated Mobility Consultant Okka Maw (CANADA) $240.00 $240.00 $240.00Principal Elizabeth Allingham (CANADA) $280.00 $280.00 $280.00Project Manager Zach Vanderkooy (US)$38.46 $93.07 $93.07Integrated Mobility Consultant Mary Elbech (US)$26.81 $64.88 $64.88Senior Mobility Consultant TBD (US)$99.17 $240.00 $240.00Total-$ -$ -$ -$ -$ -$ -$ TOTAL -$ CITY OF SACRAMENTO 10-H FORM15-Minute Neighborhood PlanT15180412CONTRACTOR Name:Original1/9/2023Approved with Supplement # (type Original if it is the Original):Estimated ODC Budgets Shall Be Included in Cost Proposal.By signing here, you agree to the terms above, and attest that all information is accurate and true.Elizabeth Allingham1. List all Professional and Supervisory staff by Classification and Name. For staff not listed by name but by classification only, a current payroll document identifying their actual base hourly rate shall be provided with every invoice where an unlisted staff bills time. The approved flat hourly billing rates for all employees will be calculated and reimbursed based on their actual base hourly rates per the date noted above unless CITY Project Manager assigns a fair and reasonable flat hourly billing rate for selected employees. For staff not listed by name but by classification only, the reimbursement will not exceed the approved flat hourly billing rate for that classification. Approved flat hourly billing rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel with similar experience listed on this cost proposal. The approved flat hourly billing rate shall be all-inclusive, including all mark-ups, fringe, and overhead expenses and profit.2. Key Staff shall be determined by CITY Project Manager. (i.e., named Project Manager, a specific Principal Engineer, a specific Structural Engineer, etc. Note Key staff with an "X" in the Key Staff column.3. The employees' actual base hourly rates used to negotiate the flat hourly billing rates in this 10-H Form are the rates that were effective per the date noted above. Addition of new staff, new classifications, or addition of a SUBCONTRACTOR not previously listed on the approved 10-H Form(s) shall require written approval from the CITY. No work shall commence until the approval is provided by the CITY. New staff shall be paid at the same or lower approved flat hourly billing rate of the previously approved or similar classification. In addition, if the substitution involves Key Staff, CONTRACTOR must request and justify the need for the substitution and obtain approval from CITY Project Manager. Substituted Key Staff shall be as qualified as the original. 4. Approved flat hourly billing rates include all standard equipment including laptop, camera, cell phone, truck, standard personal safety equipment. CITY Project Manager shall approve any other direct costs.5. Note employees/classifications that are subject to prevailing wage requirements with an "X" in the Prevailing Wage column. Prevailing Wage specified is based on current Department of Industrial Relations (DIR) determination. CONTRACTOR shall be responsible for any future adjustments to the prevailing wage, including but not limited to, base hourly rates and employer payments as determined by the DIR. CONTRACTOR is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. CONTRACTOR shall be reimbursed at the above listed approved flat hourly billing rates.6. Overtime may be reimbursed to classifications where it is required by their union contracts (Prevailing Wage classifications). Overtime will not be charged unless prior written approval is received by CITY Project Manager. CITY shall pay CONTRACTOR at the approved overtime rates noted above. CONTRACTOR shall pay prevailing wage employees per prevailing wage guidelines. 7. Local transportation costs resulting from commuting to and from the employee's residence to the office or job site are not reimbursable.8. The Project will not reimburse CONTRACTOR for costs to relocate its staff to the geographic area of the contract. The Project will not reimburse CONTRACTOR for any per diem.9. ODC items are to be in compliance with Code of Federal Regulations, Title 48 Part 31 [Federal Acquisition Regulations (FAR) cost principles] and the firm's company-wide allocation policies and charging practices with all clients including federal government state government local agencies and private clients Other Direct Costs (ODC) Items and Rates
CONTRACTOR/SUBCONTRACTOR'S AUTHORIZED PERSON SIGNATURE
A x Profit % = B A + B = Actual Fully Loaded Hourly Rate[Actual Base Hourly Rate Paid to Employee + (Actual Base Hourly Rate Paid to Employee x Combined %)] = A LOADED RATES FOR US STAFF ONLY Version: MARCH 29, 2021Page1 of 1
PlaceWks, Inc.Date:XProject Name:Project #:Fringe Benefit % + *Overhead %=Combined %61.91% 125.59% 187.50%Profit %:10.00%Key StaffPrevailing Wage Classification NameActual Base Hourly Rate Paid to Employee For Reference Only (Does not Include any Fringe or OH)Actual Fully Loaded Hourly Rate For Reference Only (Includes Fringe, OH & Profit)Approved Flat Hourly Billing RateXPrincipal and PIC Bruce Brubaker $86.54 $273.68 $273.68Associate and PM Erica Lindstrom $51.92 $164.20 $164.20Associate I TBD $48.00 $151.80 $151.80Project Planner TBD $39.00 $123.34 $123.34Planner TBD $31.00 $98.04 $98.04Senior Associate I TBD $60.00 $189.75 $189.75Intern TBD $22.00 $69.58 $69.58Associate Principal TBD $68.00 $215.05 $215.05Graphics Specialist TBD $38.00 $120.18 $120.18Word Processing TBD $37.00 $117.01 $117.01Senior Editor TBD $55.00 $173.94 $173.94Clerical TBD $30.00 $94.88 $94.88Senior Associate II TBD $75.00 $237.19 $237.19Associate II TBD $53.00 $167.61 $167.61$0.00 $0.00$0.00 $0.00$0.00 $0.00$0.00 $0.00$0.00 $0.00Description RateTotalMileage IRS Rate 894.00$ Printing At Cost 1,200.00$ -$ -$ -$ -$ -$ TOTAL 2,094.00$ By signing here, you agree to the terms above, and attest that all information is accurate and true.Keith McCann, CEO/CFO1. List all Professional and Supervisory staff by Classification and Name. For staff not listed by name but by classification only, a current payroll document identifying their actual basehourly rate shall be provided with every invoice where an unlisted staff bills time. The approved flat hourly billing rates for all employees will be calculated and reimbursed based on theiractual base hourly rates per the date noted above unless CITY Project Manager assigns a fair and reasonable flat hourly billing rate for selected employees. For staff not listed byname but by classification only, the reimbursement will not exceed the approved flat hourly billing rate for that classification. Approved flat hourly billing rates for new employees hiredafter the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel with similar experience listed on this cost proposal. The approved flat hourlybilling rate shall be all-inclusive, including all mark-ups, fringe, and overhead expenses and profit.2. Key Staff shall be determined by CITY Project Manager. (i.e., named Project Manager, a specific Principal Engineer, a specific Structural Engineer, etc. Note Key staff with an "X"in the Key Staff column.3. The employees' actual base hourly rates used to negotiate the flat hourly billing rates in this 10-H Form are the rates that were effective per the date noted above. Addition of newstaff, new classifications, or addition of a SUBCONTRACTOR not previously listed on the approved 10-H Form(s) shall require written approval from the CITY. No work shallcommence until the approval is provided by the CITY. New staff shall be paid at the same or lower approved flat hourly billing rate of the previously approved or similar classification. Inaddition, if the substitution involves Key Staff, CONTRACTOR must request and justify the need for the substitution and obtain approval from CITY Project Manager. Substituted KeyStaff shall be as qualified as the original.4. Approved flat hourly billing rates include all standard equipment including laptop, camera, cell phone, truck, standard personal safety equipment. CITY Project Manager shall approveany other direct costs.5. Note employees/classifications that are subject to prevailing wage requirements with an "X" in the Prevailing Wage column. Prevailing Wage specified is based on currentDepartment of Industrial Relations (DIR) determination. CONTRACTOR shall be responsible for any future adjustments to the prevailing wage, including but not limited to, base hourlyrates and employer payments as determined by the DIR. CONTRACTOR is responsible for paying the appropriate rate, including escalations that take place during the term of theAgreement. CONTRACTOR shall be reimbursed at the above listed approved flat hourly billing rates.6. Overtime may be reimbursed to classifications where it is required by their union contracts (Prevailing Wage classifications). Overtime will not be charged unless prior writtenapproval is received by CITY Project Manager. CITY shall pay CONTRACTOR at the approved overtime rates noted above. CONTRACTOR shall pay prevailing wage employees perprevailing wage guidelines.7. Local transportation costs resulting from commuting to and from the employee's residence to the office or job site are not reimbursable.8. The Project will not reimburse CONTRACTOR for costs to relocate its staff to the geographic area of the contract. The Project will not reimburse CONTRACTOR for any per diem.9. ODC items are to be in compliance with Code of Federal Regulations, Title 48 Part 31 [Federal Acquisition Regulations (FAR) cost principles] and the firm's company-wide allocationpolicies and charging practices with all clients including federal government, state government, local agencies and private clients.Other Direct Costs (ODC) Items and RatesCONTRACTOR/SUBCONTRACTOR'S AUTHORIZED PERSON SIGNATURE A x Profit % = B A + B = Actual Fully Loaded Hourly Rate[Actual Base Hourly Rate Paid to Employee + (Actual Base Hourly Rate Paid to Employee x Combined %)] = A Original3/27/2023Approved with Supplement # (type Original if it is the Original):Estimated ODC Budgets Shall Be Included in Cost Proposal.
CITY OF SACRAMENTO 10-H FORM15-Minute Neighborhood PlanT15180412CONTRACTOR Name:
Version: MARCH 29, 2021Page1 of 1
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1 EXHIBIT C INSURANCE 1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintain the insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City. Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract. 2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and subcontractors; products and completed operations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors. 3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.) _X_ Automobile Liability Insurance is required providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. ___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows: “Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.” 4. Excess Insurance. The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverage and will not contribute to it. 5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.) _X_ Workers’ Compensation Insurance is required with statutory limits and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City. ___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required. ___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows: “Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.” 6. Professional Liability Minimum Scope and Limits of Insurance Coverage. Professional Liability Insurance providing coverage on a claims-made basis for errors and omissions, or malpractice with limits of not less than one million dollars ($1,000,000): Is __X___ Is not _____ [check one] required for this Agreement. If required, such coverage must be continued for at least 1 (one) year(s) following the completion of all Services under this Contract. The retroactive date must be prior to the date this Contract is approved or any Services are performed.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3
7. Other Insurance Provisions. The policies must contain, or be endorsed to contain, the following provisions: A. Contractor's insurance coverage, including excess insurance, shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it. B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers. C. Coverage shall state that Contractor's insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms. 8. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract. 9. Verification of Coverage. A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand. B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 C. Certificate Holder must be listed as: City of Sacramento c/o Exigis LLC PO Box 947 Murrieta, CA 92564 D. The City may withdraw its offer of Contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
Form Approved by City Attorney 9-1-2020 Exhibit C - Page 4
10. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in this Exhibit C.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1 EXHIBIT D GENERAL CONDITIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither CONTRACTOR nor CONTRACTOR’s assigned personnel will be entitled to any benefits payable to CITY employees. CITY is not required to make any deductions or withholdings from the compensation payable to CONTRACTOR under the provisions of this Contract, and CONTRACTOR will be issued a Form 1099 for its services hereunder. As an independent contractor, CONTRACTOR hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of CONTRACTOR’s employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract. B. It is further understood and agreed by the parties that CONTRACTOR, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by CONTRACTOR for accomplishing the results. To the extent that CONTRACTOR obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the CONTRACTOR’s sole discretion based on the CONTRACTOR’s determination that the use will promote CONTRACTOR’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that CONTRACTOR use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing. C. If, in the performance of this Contract, any third persons are employed by CONTRACTOR, such persons will be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by CONTRACTOR. It is further understood and agreed that CONTRACTOR will issue W-2 or 1099 Forms for income and employment tax purposes for all CONTRACTOR’s assigned personnel and subcontractors. D. The provisions of this section will survive any expiration or termination of this Contract. Nothing in this Contract creates an exclusive relationship between CITY and CONTRACTOR. CONTRACTOR may represent, perform services for, or be employed by
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2 any additional persons or companies so long as CONTRACTOR does not violate the provisions of Section 5, below. 2. Licenses; Permits, Etc. CONTRACTOR represents and warrants that CONTRACTOR has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for CONTRACTOR to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State. 3. Time. Time is off the essence in the performance of this Contract. CONTRACTOR shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party. 4. CONTRACTOR Not Agent. Except as CITY may specify in writing, CONTRACTOR and CONTRACTOR’s personnel have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR and CONTRACTOR’s personnel shall have no authority, express or implied, to bind CITY to any obligations whatsoever. 5. Conflicts of Interest. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the CITY’s interests or that would in any way hinder CONTRACTOR’s performance under this Contract. CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent. CONTRACTOR agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If CONTRACTOR is or employs a former officer or employee of the CITY, CONTRACTOR and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any CITY department, board, commission, or committee. 6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances. 7. Confidentiality of CITY Information. During performance of this Contract, CONTRACTOR may gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the CITY.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 CONTRACTOR agrees to protect all City Information and treat it as strictly confidential, and further agrees that CONTRACTOR shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the City’s prior written consent. In addition, CONTRACTOR must comply with all CITY policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by CONTRACTOR of this section is a material violation of this Contract and shall justify legal and equitable relief. 8. CONTRACTOR Information. A. CITY shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by CONTRACTOR under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. CONTRACTOR shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by CITY. B. CONTRACTOR shall fully defend, indemnify and hold harmless CITY, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by CONTRACTOR under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. CITY shall make reasonable efforts to notify CONTRACTOR not later than ten days after CITY is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve CONTRACTOR of its obligations hereunder, which survive any termination or expiration of this Contract. C. All proprietary and other information received from CONTRACTOR by CITY, whether received in connection with CONTRACTOR’s proposal to CITY or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to CITY, CITY shall give notice to CONTRACTOR of any request for the disclosure of such information. The CONTRACTOR will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The CONTRACTOR shall have sole responsibility for defense of the actual “trade secret” designation of such information. D. The parties understand and agree that any failure by CONTRACTOR to respond to the notice provided by CITY and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by CONTRACTOR of any rights regarding the information designated “trade secret” by CONTRACTOR, and the
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4 information will be disclosed by CITY in accordance with the Public Records Act. 9. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract. 10. Standard of Performance. CONTRACTOR shall perform in the manner and according to the standards currently observed by a competent practitioner of CONTRACTOR’s profession in California and in compliance with all requirements of this Contract. All products that CONTRACTOR delivers to CITY under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in CONTRACTOR’s profession. CONTRACTOR shall assign only competent personnel to perform on its behalf under this Contract. CONTRACTOR must notify the CITY in writing of any changes in CONTRACTOR’s staff assigned to perform under this Contract, before any performance by the new staff member. If the CITY, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. CONTRACTOR shall immediately remove the assigned person upon receipt of the notice. 11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract. 12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager, or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during a declared emergency or disaster, subject to the same terms and conditions that apply during non- emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from the Contractor's source stating the reason for the disruption 13. Term; Suspension; Termination. A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 B. CITY shall have the right at any time to suspend CONTRACTOR’s performance hereunder, in whole or in part, by giving a written notice of suspension to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately suspend its activities under this Contract, as specified in the notice. C. The CITY shall have the right to terminate this Contract at any time by giving a written notice of termination to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately cease performance under this Contract as specified in the notice. If the CITY terminates this Contract: (1) CONTRACTOR shall, not later than five days after receipt of the notice, deliver all information prepared under this Contract to the City. (2) The CITY shall pay CONTRACTOR the reasonable value of Goods or Services provided by CONTRACTOR before termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONTRACTOR had the Contract not been terminated or had CONTRACTOR completed performance required by this Contract. CONTRACTOR shall furnish to the CITY any financial information requested by the City to determine the reasonable value of the Goods or Services provided by CONTRACTOR. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity. 14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procure the Goods or Services from other sources and deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in this Contract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made. 15. Indemnity. A. Indemnity: Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, to the fullest extent permitted under law, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Claims”), including Claims for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, that arise out of, pertain to, or relate to any negligent act or omission, recklessness, or willful misconduct related in any way to the performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Claims are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. While Contractor’s defense costs ordinarily cannot exceed Contractor’s proportionate percentage of fault, if one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution, the Contractor shall meet and confer with the City and other parties regarding the unpaid defense costs. B. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of the Contractor Information Section, above. C. Survival. The provisions of this section will survive any expiration or termination of this Contract. 16. Funding Availability. A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code. B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council. C. This Section shall govern over any other contrary provision of the Contract. 17. Equal Employment Opportunity. During the performance of this Contract, CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows: A. Compliance With Regulations: CONTRACTOR shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.” B. Nondiscrimination: CONTRACTOR, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in discrimination prohibited by the Regulations. C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 all solicitations either by competitive bidding or negotiations made by CONTRACTOR for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by CONTRACTOR of CONTRACTOR’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation. D. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or by any orders or instructions 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 CITY to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the CITY, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of noncompliance by CONTRACTOR with the nondiscrimination provisions of this Contract, the CITY shall impose any sanctions it determines are appropriate including: (1) Withholding of payments to CONTRACTOR under this Contract until CONTRACTOR complies; (2) Cancellation, termination, or suspension of this Contract, in whole or in part. F. Incorporation of Provisions: CONTRACTOR shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct CONTRACTOR to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that if CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, CONTRACTOR may request that the CITY join such litigation to protect the City’s interests. 18. Entire Agreement. This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by CONTRACTOR, and by CITY, in accordance with applicable provisions of the Sacramento City Code. 19. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract. 20. Severability. If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8
21. Waiver. Neither the CITY’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party. 22. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 23. Assignment Prohibited. The expertise and experience of CONTRACTOR are material considerations for this Contract. CITY has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on CONTRACTOR under this Agreement. In recognition of this interest, CONTRACTOR shall not assign any right or obligation pursuant to this Contract without the written consent of the CITY. Any attempted or purported assignment without CITY’s written consent shall be void and of no effect. 24. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 23, above. 25. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission. 26. Debarment Certification A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency; (2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or
Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9 commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony; (3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or (4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default. (5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations. B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City. C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action. D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.
Form Approved by City Attorney 9-1-2020 Exhibit E - Page 1 EXHIBIT E ADDITIONAL REQUIREMENTS FOR SURVEYING, MATERIAL TESTING, AND INSPECTION SERVICES The Services provided under this Contract include land surveying, material testing, or inspection services provided for a City construction project during the design, pre-construction, construction, or post-construction phases of the project. Therefore, the services include “Public Work” under the California Labor Code and is subject to the following requirements: A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that CONTRACTOR and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. CONTRACTOR and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the CONTRACTOR and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract. This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative. B. DIR Registration: California Labor Code Section 1725.5 requires the CONTRACTOR and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5. Further information can be found on DIR’s website at http://www.dir.ca.gov/Public-Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the CONTRACTOR’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The CONTRACTOR shall disseminate these provisions to all subcontractors. Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR
Form Approved by City Attorney 9-1-2020 Exhibit E - Page 2 registration number(s). The Contractor’s current DIR registration number and the current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein. To be completed by the City Representative if this Agreement is for the performance of any Public Work: Contractor DIR registration #: not applicable to this agreement C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract. D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7. E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work. F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract. G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.
PSA Signature Page – Approved by CAO 11-1-2019
Executed as of the day and year first above stated.CITY OF SACRAMENTO A Municipal Corporation By: _____ Print name: Title:For: Howard Chan, City Manager ATTEST: ______ City Clerk APPROVED AS TO FORM: ______City Attorney Attachments Exhibit A Scope of Work Exhibit B Payment Exhibit C Insurance Exhibit D General ConditionsExhibit E Additional Requirements for Surveying, Material Testing, and Inspection Services PSA Signature Page – Approved by CAO 11-1-2019
CONTRACTOR:______________________________________NAME OF FIRM______________________________________Federal I.D. No.______________________________________State I.D. No.______________________________________City of Sacramento Business Op. Tax Cert. No.TYPE OF BUSINESS ENTITY (check one): _____ Individual/Sole Proprietor_____ Partnership_____ Corporation (may require 2 signatures)_____ Limited Liability Company_____ Other (please specify: ______________)______________________________________Signature of Authorized Person______________________________________Print Name and Title______________________________________Additional Signature (if required)______________________________________Print Name and Title