Sacramento City Council
October 17, 2023

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01316 10/17/2023 Consent Item 4.

Agreement: On-Site Non-Potable Water Reuse Strategy, Phase 2 (Two-Thirds Vote Required) File ID: 2023-01316
Location: Citywide
Recommendation: Adopt a Resolution: 1) finding, by a two-thirds vote, that it is in the best interest of the City to suspend competitive bidding; 2) authorizing the City Manager or City Manager’s designee to execute a Professional Services Agreement with Kennedy/Jenks Consultants, Inc. to develop the On-Site Non-Potable Water Reuse Strategy, Phase 2 Study, for an amount not-to-exceed $299,827; and 3) transferring $106,693 from the Fiscal Year (FY) 2023/24 Department of Utilities (DOU) Operating Budget (Fund 6005) to the Climate Action initiatives Project (I15240100) for this study.

Contact: Sarah Morrissey, Program Specialist (916) 808-5114, [email protected]; Yvette Rincon, Chief of Staff (916) 808-1806, [email protected]; Pravani Vandeyar, Director of Utilities, (916) 808-3765; [email protected], Department of Utilities Presenter: None.

Attachments:
1-Description/Analysis
2-Agreement
3-Resolution
Description/Analysis
Issue Detail: Staff recommends Council approve an agreement with Kennedy/Jenks Consultants, Inc. (Kennedy Jenks), for the On-Site Non-Potable Water Reuse Phase 2 Study, to assess the costs, impacts, and feasibility of implementing requirements for on-site treatment of graywater and/or blackwater, and reuse of that water, in commercial nonresidential buildings over 50,000 square feet and nonresidential commercial district-scale projects with over 100,000 square feet in total area.

Additionally, the project will build upon the City’s On-Site Non-Potable Water Reuse Strategy, Phase 1 study in the following areas:

File ID: 2023-01316 10/17/2023 Consent Item 4.
· Possible incentives for buildings that install on-site water reuse systems · Potential expansion of on-site water reuse requirements, including alternate water systems and on-site treatment of greywater or blackwater, to large multi-unit residential construction. · District-scale systems (2 or more buildings)
· Large multi-unit residential construction
· Resources and staffing needs for the City to implement an on-site water reuse program
The City anticipates developing and presenting any resulting proposed ordinance to Council by July 1, 2025, to become effective January 1, 2026.

Policy Considerations: City Council approval is required for professional service agreements of $250,000 or more per City Code 3.64.020.

Section 3.60.170 (D) of the City Code allows the City Council to authorize and exception to competitive bidding when, by a two-thirds vote, the City Council finds that it is in the best interest of the City to suspend competitive bidding.

Section 2.1(a)(1) of the City’s Professional Services Procurement Policy states that “After the proposals or qualifications for professional services are requested, if no responsive valid responses are received, a different procurement method may be used, provided the use of such method is documented and approved.” Furthermore, Section 2.1(a)(3) states that a sole source procurement may be utilized if, “After conducting a good faith review of available sources, the Project Manager determines there is only one reasonable and practicable source for the required professional services.”
Economic Impacts: None.

Environmental Considerations: This report concerns administrative activities and government fiscal activities that do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2 and 4), and are not subject to CEQA (CEQA Guidelines Section 15060(c)(3)).

Sustainability: The proposed project is consistent with the 2035 General Plan which includes the following policy related to water conservation:

ER 6.1.7 Greenhouse Gas Reduction in New Development: The City shall reduce greenhouse gas emissions from new development by discouraging auto dependent sprawl and dependence on the private automobile; promoting water conservation and recycling; promoting development that is compact, mixed use, pedestrian friendly, and transit oriented; promoting energy-efficient building design and site planning; improving the jobs/housing ratio

File ID: 2023-01316 10/17/2023 Consent Item 4.
in each community; and other methods of reducing emissions.

Additionally, on November 12, 2019, City Council adopted the Vision and Guiding Principles for the 2040 General Plan and Climate Action and Adaptation Plan Update. This document includes the commitment to take bold action to achieve carbon neutrality by 2045 and become a leading voice in the effort to reduce greenhouse gas emissions (GHGs) and adapt to climate change. Guiding Principles of sustainable and responsible growth include:

6. Make Sacramento a model of sustainable living by promoting environmentally conscious and health promoting design of buildings, parks, and infrastructure, as well as by promoting the adaptive reuse of existing buildings and the careful conservation of energy, water, open spaces, trees, and other natural resources.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: On May 19, 2023, a Request for Proposals (P23141081801) was advertised and issued on PlanetBids for the development of an On-Site Non-Potable Reuse Strategy, Phase 2 study. One firm, Kennedy Jenks, submitted a proposal, however as they did not meet the LBE participation requirement, the solicitation closed with no award as there were no responsive bids.

Since the most recent solicitation did not result in any responsive proposals, staff reached out to Kennedy Jenks to request a proposal as the firm demonstrated interest in performing this work and staff has determined they are the sole reasonable and practicable source for the required professional services. Kennedy Jenks was the sole firm that submitted a proposal for Phase 1 and was subsequently awarded the contract. Kennedy Jenks successfully completed the Phase I study and provided great value to the City. Therefore, it is both cost-effective and time-saving to proceed with awarding a contract to this firm for the Phase 2 study instead of proceeding with another solicitation.

Financial Considerations: The proposed agreement is for an amount not-to-exceed $299,827.

There is funding in for this study in the Climate Action Initiatives Project (I15240100, (Fund 1001) in the amount of $193,134 for this agreement. Staff is recommending a budget transfer to support the remaining $106,963 needed for this study from the FY2023/24 DOU Operating Budget (Fund 6005) to the Climate Action Initiatives Project (I15240100, Fund 6005). Staff projects sufficient savings in the DOU Operating Budget (Fund 6005) to cover the budget transfer.

Local Business Enterprise (LBE): Kennedy Jenks Consultants, Inc. is not an LBE. The minimum LBE participation requirement is waived as the City has suspended competitive bidding and utilized an alternate procurement method to select a vendor.

File ID: 2023-01316 10/17/2023 Consent Item 4.

Background: This project is spurred by the City’s climate leadership and innovations. City Council has accelerated efforts to mitigate climate change locally and prepare for its effects.

Building on recommendations of the Mayors’ Commission on Climate Change, the City Council prioritized several urgent climate initiatives for implementation in Fall of 2020. The City’s 2021 Climate Implementation Work Plan identified near-term actions, including efforts to accelerate on-site water reuse as a climate strategy, both to save water and to accelerate the “Just Transition” from local gas pipefitting work to water conservation and resiliency. City Council allocated one-time funding of $4.4 million to implement the Climate Work Plan, including this project.

On June 1, 2021, City Council adopted the New Building Electrification Ordinance. The Ordinance phases in the requirement for all new construction of 1-3 stories to be fully electric by January 1, 2023, and buildings of 4+ stories to be all electric by January 1, 2026. In addition, on June 1, 2021, Council also adopted a resolution directing staff to evaluate opportunities for the expansion of water conservation standards for buildings and for staff to submit an update to the City Council prior to July 1, 2022, in advance of ordinance effective dates. A key issue identified during Ordinance development was potential impacts of the Ordinance on local gas pipefitting work. In fulfillment of Council direction to evaluate this issue, based on the results of the study, Mayor and Council adopted an ordinance to be effective by July 1, 2023, requiring alternate water systems in certain types of new commercial (non-residential) construction to allow for installation of future on-site non-potable water reuse treatment systems.

On February 1, 2022, DOU entered into an agreement (PRC001751) with Kennedy Jenks to perform an On-Site Non-Potable Water Reuse Strategy, Phase 1 study.

On December 13, 2022, based off recommendations from the On-Site Non-Potable Reuse Strategy, Phase 1 study, Council adopted Ordinance 2022-0031 requiring that for building permit applications filed on or after July 1, 2023:
· Buildings that are 10,000 square feet or greater must include a gray water system to provide subsurface irrigation.
· Buildings that are 50,000 square feet or greater must include installation of a separate, additional piping system that can be utilized for an on-site treated non-potable gray water system for water closets and urinals.

Also on December 13, 2022, Resolution 2022-0402 directed staff to proceed with a Phase 2 study to look into the feasibility of onsite treatment and re-use of graywater and blackwater in commercial non -residential buildings over 50,000 square feet, and nonresidential district-scale projects over 100,000 square feet, and expansion of the existing requirements to large multi-unit residential projects.

Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC002574 CONTRACT NAME:ON-SITE NON-POTABLE WATER REUSE STRATEGY-PHASE 2 CONTRACT PROJECT #: DEPARTMENT: UTILITIES DIVISION: SUSTAINABILITY CITY OF SACRAMENTO PROFESSIONAL SERVICES AGREEMENT* THIS CONTRACT is made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and Kennedy/Jenks Consultants, Inc. 2882 Prospect Park Drive, Suite 240, Rancho Cordova, CA 95670 Phone: (916) 858-2700/E-mail: [email protected] ontractoras of the Effective Date, as defined below. The City and Contractor agree as follows: Effective Date. This Contract shall be effective beginning , 2023.Contract Documents. All exhibits and documents attached or referred to in this Contract areincorporated 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 bythe 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.Services. Subject to the terms and conditions set forth in this Contract, Contractor shall provideto CITY the services described in Exhibit A .Contractor will not be compensated for services outside the scope of Exhibit A unless, before providing Additional Services: (a) Contractor notifies CITY and CITYagrees that the Additional Services are outside the scope of Exhibit A; (b) Contractor estimatesthe additional compensation required for these Additional Services; and (c) CITY, after notice,approves in writing a Supplemental Contract specifying the Additional Services and the amountof 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* This form is to be used for all professional services, except services performed by architects, landscape-architects, professional engineers, or professional land surveyors, or services related to a construction project.

Form Approved by City Attorney 9-1-2020 Page 2
by the Sacramento City Code. and Additional Services as applicable. 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 shallfurnish to Contractor only the facilities and equipment listed below, if any.As needed to perform services.6.Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coveragedescribed in the attached Exhibit C.7.General Conditions. Contractor shall comply with the terms and conditions set forth in theattached Exhibit D.8.Additional Requirements for Surveying, Material Testing, and Inspection Services. If thisContract includes any land surveying, material testing, or inspection services provided for aCity construction project, during the design, pre-construction, construction, or post-construction phases of the project, the Contractor and any subcontractor or subconsultantperforming 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 CityCode chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summaryof the requirements, entitled "Requirements of the Non-Discrimination in Employee BenefitsCode (Equal Benefits be viewed at:https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.Contractor acknowledges and represents that Contractor has read and understands therequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.54. If requested by City, Contractor shall promptly provide any documents andinformation required by City to verify Contractor's compliance.Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach ofthis Contract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.10.Considering Criminal Conviction Information in the Employment Application Process. ThisContract may be subject to the requirements of Sacramento City Code chapter 3.62, Proceduresfor Considering Criminal Conviction Information in the Employment Application Process. Asummary of the requirements, entitled Ban-The-Box Form Approved by City Attorney 9-1-2020 Page 3
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. 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 3.62. 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 ParticipationRequirements ("LBE Participation Requirements") may be applicable to this Contract. A summaryof 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 theserequirements and shall fully comply with all applicable requirements of Sacramento City Codechapter 3.60. If requested by City, Contractor shall promptly provide any documents andinformation required by City to verify Contractor's compliance. Contractor shall requireapplicable subcontractors to fully comply with all applicable requirements of Sacramento CityCode chapter 3.60 and include these requirements in all subcontracts covered by SacramentoCity Code chapter 3.60.Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach ofthis Contract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.12.Authority. The person signing this Contract for Contractor represents and warrants that he orshe has read, understands, and agrees to all the Contract terms and is fully authorized to sign thisContract on behalf of the Contractor and to bind the Contractor to the performance of the obligations.[Signatures Page Following Exhibits] Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1 EXHIBIT ASCOPE OF SERVICES 1. Representatives.The CITY Representative for this Agreement is: Sarah Morrissey, Program Specialist Department of Utilities 1395 35th Avenue, Sacramento, CA 95822 Phone: (916) 808-5114/E-mail: [email protected] The CONTRACTOR Representative for this Agreement is: Kennedy/Jenk Consultants, Inc. 2882 Prospect Park Drive, Suite 240, Rancho Cordova, CA 95670 Phone: (916) 858-2700/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. Scope of Services. Contractor shall provide Services to City as set forth in Attachment 1 to thisExhibit A.Time of Performance. The Services described in this Contract shall be provided for the periodof 1, 2023, through and including October 1, 2024. Contractor shall provide theServices in accordance with any schedule in Attachment 1 to this Exhibit A.Conflict of Interest Requirements. The individual(s) who will provide Services pursuant to thisConflict of Interest Code. XX yes no [check one]Contractor shall cause the following to occur within 30 days after execution of this Contract:Identify the individuals who will provide Services or perform Work under this Contractas "Consultants"; andCause 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. 2882 Prospect Park Drive, Suite 240 | Rancho Cordova, CA 95670 | (916) 858-2757 | www.kennedyjenks.com September 22, 2023Sarah MorrisseyCity of Sacramento5730 24th Street, Building 22 Sacramento, CA 95822 Subject: City of Sacramento On-Site Non-Potable Water Reuse Strategy, Phase 2 – Scope of Work and Budget Update KJ Proposal No. B010301*31623 Dear Ms. Morrissey, Kennedy/Jenks Consultants, Inc. (KJ) is pleased to provide an updated scope of work and budget to assist the City of Sacramento (City) with evaluating the feasibility of requiring the installation of On-Site Non-potable Water Systems (ONWS) in certain new buildings and supporting stakeholder and public outreach and engagement. We have included on our team four key subconsultants with relevant and recent experience related to onsite reuse and the economic implications on an ONWS program: Roth Ecological Design International LLC (REDI), who also supported the Phase 1 Dual Plumbing and Onsite Non-Potable Water Systems Study, NBS Government Finance Group (NBS), CW Research and Consulting (CWRC) and Social Science Strategies (SSS). Our proposed approach, scope of work, schedule, and budget to deliver the City a quality work product are enclosed. Thank you for considering us for this work. We look forward to working with the City on this very important and challenging assignment. Please contact Jennifer Lau Larsen at (916) 858-2714 if you have any questions. Very truly yours, Kennedy/Jenks Consultants, Inc. Jennifer Lau Larsen, PE Jamie E. Kolkey, PE Project Manager Principal-In-Charge and Vice President Direct: (916) 858-2714 Direct: (916) 858-2799 [email protected] [email protected]

CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 2023 1 KENNEDY/JENKS CONSULTANTS, INC.

Project OverviewThe City of Sacramento is accelerating along their One Water journey to meet its progressive water conservation goals and climate initiatives. This study will assist the City in evaluating the feasibility of requiring certain new buildings to install on-site treatment systems for non-potable greywater and/or blackwater reuse. As part of the City’s long term On-site Non-Potable Water Reuse (ONWR) Strategy, this study will consider the costs, impacts, and feasibility of implementing on-site treatment of greywater and/or blackwater to reuse the treated water to offset non-potable water demands in commercial nonresidential buildings. Per the adopted Alternate Water Systems Ordinance, Onsite Non-potable Water Systems (ONWS) would be required in commercial nonresidential buildings over 50,000 square feet and nonresidential commercial district-scale projects with over 100,000 square feet in total area. This work will build off the Phase 1 Dual Plumbing and Onsite Non-Potable Water Systems Study (Phase 1 Study), seeking to identify potential incentives, expand evaluation of grey and blackwater treatment requirements, consider District-scale systems and assess resources and staffing needs to implement the program. Overall Project Approach The proposed project approach consists of the following: Develop baseline commercial non-residential building water balances to identifygreywater and blackwater treatment options that would comply with the existing andpotentially expanded Alternate Water Systems Ordinance.Develop capital and lifecycle cost models for building types and onsite treatmentscenarios to support cost-effectiveness and return on investment evaluations.Evaluate the economic feasibility of the implementation and enforcement of the City’sAlternate Water Systems Ordinance, including reviewing utility fees, charges andpotential incentives.High-level assessment of community impacts, including resources needed by the City toadminister and enforce the Alternate Water Systems Ordinance, impacts to the localwastewater collection and treatment systems, and implications for developers andbuilding owners, as well as “Just Transition” of jobs from local gas pipefitting work towater conservation.Technical support for stakeholder and community engagement to solicit input, obtaininformation and confirm assumptions, and evaluate initial findings.Summary tables of the above assessments will be incorporated into the Phase 2 On-site Non-Potable Water Reuse Treatment System Feasibility Study (Phase 2 Study), which will also summarize recommendations for the City to use to inform the potential expansion of the Alternate Water Systems Ordinance. There are only a handful of onsite non-potable water reuse programs in place in the Country, and the State of California is in the process of establishing treatment targets and system requirements as part of Senate Bill 966 (SB 966). Therefore, as the City is moving ahead of California, this feasibility study will also reference case studies, such as the San Francisco Public Utilities Commission’s (SFPUC) Onsite Water Reuse Program and the latest research from the National Blue Ribbon Commission for ONWS in anticipation that the California requirements will strive to minimize the abandonment of the number of existing systems already in place.

CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 2023 2 KENNEDY/JENKS CONSULTANTS, INC.

KJ Team with Strategic Partnerships As the leaders of the Phase 1 Study, the KJ Team can efficiently build on this foundation to evaluate impacts that will further influence the adoption of an ordinance by January 1, 2026.The KJ Team brings successful strategies for collaborating with stakeholders, planning departments, regulators and development services to present decision-makers, boards and city councils with the information they need to support the development of principles, policies and fees to implement reuse programs. During the past five years alone, our talented engineers supported our clients to develop recycled water ordinances, non-potable and potable reuse programs, design blackwater treatment systems (e.g., membrane bioreactors), filtration and disinfection systems and a variety of emerging membrane technologies. We have worked collaboratively with public agencies, private developers, and vendors to evaluate the costs, benefits and limitations for implementing local, sustainable water reuse programs. KJ understands your local and regional issues because we work and live here. Proposed Scope of Work This section describes our proposed scope of work to implement the City’s vision for the Phase 2 Study by August 2024 and support stakeholder outreach through June 2025. The scope has been organized to address the activities in the RFP, which are inter-related, as illustrated in the table below. Task leads, assumptions and deliverables are highlighted for each task. Task Subtask Interim/Major Deliverables Task 1. Onsite Water Reuse Components 1.1 Develop Water Balance Templates Water Balance Templates1.2 Identify and ReviewTreatment Systems Treatment Summary Fact Sheets 1.3 Onsite Building Considerations Building and Plumbing Code Summary Table with recommended local amendments (if needed) Task 2. Cost Model 2.1 Capital Costs Life Cycle Cost Tables 2.2 Life Cycle Costs 2.3 Return on Investment Projections Break-Even Point Projections TableTask 3. Economic Feasibility 3.1 ONWS Program Funding Sources Funding Source Summary table 3.2 Review of Impacts to Developer Fees and Charges Fee Summary Table with recommended adjustments (if needed)3.3 (Optional) Focused Nexus StudyDraft and Final Focused Nexus Study KJ has assembled a team consisting of local KJ staff water reuse and treatment experts, Roth Ecological Design International LLC, NBS Government Finance Group, CW Research and Consulting and Social Science Strategies to assist the City in evaluating the feasibility of requiring certain new buildings to install on-site treatment systems for non-potable greywater and/or blackwater reuse.

CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 2023 3 KENNEDY/JENKS CONSULTANTS, INC.

Task Subtask Interim/Major Deliverables Task 4. Program Implementation 4.1 Workforce Impact Evaluation Workforce Impact Evaluation appendix 4.2 Impacts to Wastewater System Sewer Flow Reduction Summary Tables 4.3 Administrative ConsiderationsRoles and Responsibilities Summary Tables4.4 Evaluate Benefits and Limitations Summary Tables Task5.Stakeholder&Community Engagement 5.1 Stakeholder and Public Meetings Meeting Agendas, Materials and Minutes5.2 Program Content Website Content, Informational Documents, and Draft Program FormsTask 6. Phase 2 Study6.1 Draft Phase 2 Study Study Outline Draft Phase 2 Study 6.2 Final Phase 2 StudyFinal Phase 2StudyTask 7. Project Management& Quality Assurance 7.1 Project Management ActivitiesStatus reports and invoices 7.2 Kickoff Meeting and Status Calls Meeting Agendas, Materials and Minutes7.3 QA/QC Task 8. (Optional) Additional As-Needed SupportScope to be developed as requested and in collaboration with City Staff and executed upon authorization.Task 1 – Onsite Water Reuse ComponentsThis task will lay the basis for the feasibility study by developing the water balances, identifying the treatment systems, and reviewing the building considerations to be evaluated for cost effectiveness (Task 2), economic feasibility (Task 3), and implementation needs (Task 4).Task 1.1 Develop Water Balance TemplatesThe KJ team will develop template water balances for commercial non-residential buildings potable and non-potable water demands to establish a baseline for sizing onsite greywater and blackwater treatment systems. For establishing greywater systems size, flows from showers and sinks will be estimated. For sizing blackwater systems size demands from toilets and urinals will be estimated. Water demands (potable and non-potable), storage sizing, and water savings tables will be developed for up to two (2) non-residential commercial building types, that can be used and combined to simulate district-level developments. The building types to use for establishing the water balance templates will be selected based on input from the City and based on building permit data to determine the type of planned new commercial developments in the City. Task 1.1 Assumptions:Water balance templates will bedeveloped for two types of commercialnon-residential buildings.Task 1.1 Deliverables: Two (2) Water Balance Templates withwater demands, potential watersavings estimates and storagerequirements (MS Excel, submittedelectronically)Task 1.2 Identify and Review Treatment SystemsThe KJ team will leverage staff experience in design and implementation of greywater and blackwater treatment solutions to review and identify treatment and disinfection systems to meet the water quality targets that are expected to be adopted as part of implementation of SB 966. Treatment requirements will be based on pathogen log CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 2023 4 KENNEDY/JENKS CONSULTANTS, INC. reduction targets (LRTs) recommended by the latest research from the National Blue Ribbon Commission for ONWS. KJ will research up to five (5) existing technologies for blackwater and greywater treatment: microfiltration or ultrafiltration, membrane biological reactor, reverse osmosis, ultraviolet light disinfection, chlorine disinfection, and provide summary fact sheets for these treatment technologies, their benefits and challenges for implementation. Task 1.2 Assumptions: Up to five (5) total treatment anddisinfection methods or systems will beevaluated for feasibility of beingimplemented as onsite treatmentsystemsTreatment systems would only be forgreywater and blackwater treatment.Rainwater harvesting systems andstormwater treatment systems will notbe included in the evaluation.Onsite Reuse Regulations have notyet been released. In lieu of draftregulations, treatment requirementswill be based on SFPUC Onsite WaterReuse Program and the latestresearch from the National BlueRibbon Commission for ONWS.Task 1.2 Deliverables: Fact sheets for up to 5 treatmenttechnologies, up to 2 pages in lengthper fact sheet (PDF, submittedelectronically)Task 1.3 Onsite Building ConsiderationsKJ will develop a table of additional recommendations and considerations for implementing ONWS based on the requirements from the California Plumbing and Building Codes and taking into consideration the City’s building requirements, other similar programs and ordinances implemented throughout California.

Task 1.3 Assumptions:Past City building permit data willserve as the basis for future potentialdevelopments required to comply withthe Alternate Water SystemsOrdinance.Task 1.3 Deliverables Building and Plumbing Code SummaryTable with recommendations andconsiderations for implementation(PDF, submitted electronically)Task 2 – Cost ModelUsing the water balance templates and treatment systems identified in Task 1, KJ will develop costs models for construction of ONWS treatment systems leveraging our experience in designing and implementing wastewater treatment solutions. KJ will also research typical operations and maintenance (O&M) costs for these systems includingprocess consumables (chemicals, power, etc.), labor, monitoring and reporting costs (sample collection and processing fees) as well as potential permit fees. The construction and O&M costs will be used to develop lifecycle cost models to evaluate the relative cost effectiveness of onsite water treatment systems. Task 2.1 Capital Costs KJ will develop cost information for blackwater and greywater treatment systems identified in Task 1.2, based on KJ’s experience designing wastewater treatment systems and with input collected from treatment system vendors that specialize in ONWS that meet the expected California regulatory requirements (SB 966). Treatment systems costs will be summarized as a range of anticipated costs based on source water treated (greywater or blackwater), proposed uses for the treated water (irrigation, indoor non-potable uses), and type of commercial building (based on water demands estimated from Task 1.1).

CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 2023 5 KENNEDY/JENKS CONSULTANTS, INC.

Task 2.1 Assumptions:Cost Estimates will be developed tothe Association for the Advancementof Cost Engineering (AACE) Class 5level.Task 2.1 Deliverables: Capital Cost estimates will beincorporated into the deliverable fromTask 2.2.Task 2.2 Life Cycle Costs Estimates for O&M costs for process consumables and maintenance labor will be based on information gathered from specialized treatment systems vendors. O&M costs related to sampling and monitoring will be based on local fees for laboratories in the Sacramento Area, and potential permit fees will be based on findings from Phase 1 of implementation costs for similar programs, with input from the City. Based on the information collected, KJ will develop life cycle cost tables that will summarize annualized capital costs for treatment systems, as well as O&M costs. Task 2.2 Assumptions: Contingencies, markups, profit, andother soft cost assumptions would beinformed by typical City Coststandards and engineering bestpractices.Task 2.2 Deliverables: Life Cycle Cost Tables with summaryof cost ranges per treatment type andONWS conditions (MS Excel,submitted electronically)Task 2.3 Return on Investment Projections KJ and NBS will develop return on investment (ROI) projections that will incorporate the water balances and estimated water savings (Task 1), life cycle costs (Task 2.2), existing City fees and charges (Task 3.2), and potential adjustments to City fees and charges in support of the Alternate Water Systems Ordinance (Task 3). The ROI will be focused on a developer perspective based on costs incurred and potential savings from reduced charges and fees for up to two building project types and sizes. Building project types and sizes that are unable to achieve a break-even point would indicate the potential to be exempted from on-site water treatment, unless additional incentives are identified. Task 2.3 Assumptions: ROI will be limited to new ONWS anddual plumbing systems.Task 2.3 Deliverables: Break-Even Point Projections Table(MS Excel, submitted electronically)Task 3 – Economic Feasibility The economic analysis will explore how the City’s costs for implementing the Alternate Water Systems Ordinance may be recovered, including the cost of providing any incentives. The analysis has been divided into evaluating funding sources and reviewing the impacts on fees and/or charges. A nexus study required to meet the Mitigation Fee Act requirements is included as an Optional service under Task 3.3 to be initiated at the request of the City. Task 3.1 ONWS Program Funding Sources KJ and NBS will explore possible funding sources including potential grants or low interest loans from state or federal agencies. The review will include the funding source, the availability of the funds, type of funding (grants or low interest loans), timing or anticipated schedule to receive funding and execute project, and key financial parameters about the funding source.Because the new ordinance would be for new construction, one likely funding source is development impact fees and wastewater user charges. These funding sources will be evaluated to determine the best financing approach for the project.

CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 2023 6 KENNEDY/JENKS CONSULTANTS, INC.

This task will also identify potential incentives, rebates, or other mechanisms to encourage participation in the onsite water reuse program, based on approaches used by other cities that are implementing ONWR or similar programs. Task 3.1 Deliverables:Funding Source Summary table (MSWord, submitted electronically)Task 3.2 Review of Impacts to Developer Fees and ChargesONWS water use savings and reductions in wastewater flows would result in a decrease in water and wastewater collection revenues for the City. Depending on how incentives will bestructured, there may also be some impacts on water and wastewater impact fees and user charges. NBS will analyze how impact fees and user charges could be adjusted to recover the cost of administering the Alternate Water Systems Ordinance. These impacts will be summarized for up to three different financing approaches in a Fee Summary Table. Task 3.2 Assumptions: The cost of updating wastewater usercharges is not included in this scope.The water and wastewater systemvalue, costs, assumptions andoutcomes from the DevelopmentImpact Fee Program will be used asappropriate and will not be updated aspart of this scope.Task 3.2 Deliverables: Fee Summary Table withrecommended adjustments (if needed)Task 3.3 (Optional) Focused Nexus Study To implement a change to the wastewater impact fee, a nexus study that complies with the Mitigation Fee Act would need to be prepared. Given the City just updated their impact fee this year, it is proposed that NBS build on that study and provide an addendum that describes the incremental changes that need to be made to meet the Mitigation Fee Act requirements for ONWS. Recovering program administration costs from user charges may also trigger the need to explore updating user charges and require the need to follow the Proposition 218 process to increase rates. (The cost of updating the wastewater user charges is not included in this scope). Recommendations will be provided in a Focused Nexus Study, which will be an attachment to the Phase 2 Study. Task .Assumptions: The cost of updating wastewater usercharges is not included in this scope.The water and wastewater systemvalue, costs, assumptions andoutcomes from the DevelopmentImpact Fee Program and NexusStudies (EPS, 2023) will be used asappropriate and will not be updated aspart of this scope.City will provide consolidatedcomments on the Draft FocusedNexus Study within 3 weeks ofreceiving draft submittal.Task . Deliverables: Focused Nexus Study (Draft and Final,MS Word and PDF, submittedelectronically)Task 4 Program Implementation KJ will work with REDI, CWRC and SSS to evaluate the benefits and impacts of implementing ONWS to the City as program managers, to the local workforce and developers, and to the local wastewater collection system. Task 4.1 Workforce Impact Evaluation CWRC and SSS will review and analyze the Building and Planning data provided by the City of Sacramento and the findings from Phase 1 study to project the number of buildings that may meet the requirements of the ordinance and will work with the Building and Planning Department to reconcile any data questions. CWRC and SSS will also conduct interviews CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 2023 7 KENNEDY/JENKS CONSULTANTS, INC. with industry leaders impacted by the Alternate Water Systems Ordinance (i.e. plumbers, electricians) to understand the level of effort (i.e. hours, weeks, months) is required to install and maintain ONWS with dual plumbing. Analysis of these pieces of information will result in an estimated number of jobs needed for implementation of ONWS for the number of buildings projected to comply with the Alternate Water Systems Ordinance. Task 4.1 Assumptions: The City will provide updatedinformation for projected newcommercial, non-residential buildings,if any changes have developed sincePhase 1 study findings.Past City building permit data willserve as the basis for future potentialdevelopments required to comply withthe Alternate Water SystemsOrdinance.City will support with contacts forcoordinating interviews with industryleaders.Use of an economic model ormodeling software such as IMPLAN isnot included. If this service isrequested, the scope and budget mayneed to be revised accordingly.Task 4.1 Deliverables: Workforce Impact Evaluation, to beincorporated as an appendix to Phase2 Study (MS Word, PDF, electronicallysubmitted)Task 4.2 Impacts to Wastewater Systems Using the water balances developed as part of Task 1.1 and incorporating discussions with representatives of Sacramento Area Sewer District and Regional San, KJ will evaluate the potential impacts to the local collection systemand/or the EchoWater Resource Recovery Facility caused by the implementation of the Alternate Water Systems Ordinance. It is assumed that up to two (2) one-hour interviews will be conducted. A summary table of potential sewer/wastewater flow reduction will be incorporated into the Phase 2 Study.Task 4.2 Assumptions:Up to Two (2) one-hour interviewmeetings conducted virtually withRegional San staff.Task 4.2 Deliverables: Meeting agendas, materials andmeeting notes (MS Word, PDF,provided electronically).Summary of potentialsewer/wastewater flow impacts will bedocumented under the Phase 2 study.Task 4.3 Administrative Considerations REDI will evaluate the additional City of Sacramento resources needed to administer an ONWR program, including staff resource requirements and qualifications. Administrative roles and responsibilities that will be reviewed and evaluated include: onsite treatment system plan review, cross connection control and inspection, water quality monitoring, and others required by existing and upcoming state regulations. REDI will also provide a risk assessment of expanding the City’s roles and responsibilities to administer the onsite water reuse program. REDI will provide a staffing-level recommendation based on the estimated potential future developments from Task 4.1. Task 4.3 Assumptions City will lead administration,monitoring, and enforcement of theCity’s ONWS Program, althoughoverlaps with current County roles andresponsibilities will be identified.Task 4.3 Deliverables Roles and Responsibilities SummaryTablesTask 4.4 Evaluate Benefits and LimitationsKJ will conduct a high-level evaluation of the potential benefits and impacts of implementing onsite water reuse systems and the Alternate CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 2023 8 KENNEDY/JENKS CONSULTANTS, INC.

Water Systems Ordinance. This evaluation will consider the following:Reduction in potable water use andassociated benefits related to avoidedcostsImpacts to the local wastewatercollection system and Regional San’swastewater treatment and recycled waterproductionRelative cost impacts to new buildingconstructionEnvironmental benefitsOther benefits identified during previoustasks and the Stakeholder EngagementProcess (Task 5)Task 4.4 Assumptions: Benefits and impacts will assume bothgreywater and blackwater treatmentwill be required in the expandedAlternate Water Systems Ordinance.Task 4.4 Deliverables: Summary of potential benefits andlimitations will be documented underthe Phase 2 study.Task 5 – Stakeholder & Community Engagement Successful implementation of an ONWR program will require gaining the support of stakeholders impacted by the Alternate Water Systems Ordinance or its expansion, including members of Sacramento City Council, the City’s various boards and commissions, building developers, contractors, unions (plumbers and pipefitters), Regional San, environmental groups, public health officials and potentially interested residents of Sacramento. The KJ Team will work with the City to develop Alternate Water SystemsOrdinance recommendations based on the comments received from the stakeholder and community engagement and the outcomes from the Study (Task 5).

Task 5.1 Stakeholder and Public Meetings The KJ Team will support the City’s effort to integrate input from other City departments, Sacramento County, Regional San, contractors, developers, pipefitters, and other stakeholders to inform the onsite water reuse systems Study. Under this task, the KJ Project Manager (Jennifer Lau Larsen) will attend and facilitate technical materials for up to six (6) technical meetings or workshops. KJ will use its judgment to provide the most value for the City and select an additional specialist to attend the public meetings virtually, if needed. The specialist may vary depending on the goals of the meeting and stakeholders involved. Technical materials to support stakeholder meetings may include talking points and graphics for slides. Agendas, materials and meeting notes will be provided for stakeholder meetings. Jennifer will also attend in-person and participate in up to six (6) public meetings with the Law and Legislation Committee and City Council. Jennifer is available to attend in person at no travel cost. Technical materials to support public meetings may include talking points and graphics for slides.

Potential Subject Matter Experts for Meetings Topic Subject Matter Expert Water Balance and Impacts to the Wastewater System Claudia Llerandi Lauren Roth Venu (REDI) Greywater & Blackwater ONWS Claudia LlerandiByron Nishimura Cross-Connection Control Claudia Llerandi Program Implementation Lauren Roth Venu (REDI) Economic Considerations Allan Highstreet (NBS)Jeremy Tamargo (NBS) Feasibility Study Findings Jennifer LarsenClaudia Llerandi CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 2023 9 KENNEDY/JENKS CONSULTANTS, INC.

Task 5.1 Assumptions Up to six (6) one-hour Stakeholder meetings conducted virtually, attended by KJs PM and two technical leads. Up to six (6) one-hour public meetings attended in person by KJs PM. Task 5.1 Deliverables Meeting agendas, materials and meeting notes (MS Word, PDF, provided electronically). Task 5.2 Program ContentThe KJ Team will also support the City’s community engagement efforts by providing content related to the Study for the City’s website, informational documents, and draft program forms.Task 6 – Phase 2 Study The Phase 2 Study will document the findings from Tasks 1-5 and provide a conclusion on the feasibility and requirements for implementing ONWS in the City to support dual plumbed systems. Study recommendations will identify opportunities to expand the Alternate Water Systems Ordinance, economic and workforce impacts, opportunities and incentives. Recommendations will also be provided forprogram funding mechanisms, program administration resources, and utility charges/fee adjustments. Task 6.1 Draft Phase 2 StudyA Draft Phase 2 Study will be provided to the City for review and presented to the City over a one (1)-hour webinar. Task 6.1 Assumptions: One 1-hour virtual webinar to present the Draft Phase 2 Study and findings to the City. City will provide consolidated comments on the Draft Phase 2 Study within 3 weeks of receiving draft submittal.

Task 6.1 Deliverables: Meeting agenda, materials and meeting notes (MS Word, PDF, provided electronically). Phase 2 Study Outline (MS Word, provided electronically). Draft Phase 2 Study (MS Word, PDF, provided electronically).Task 6.2 Final Phase 2 Study Following receipt of City comments on the Draft Phase 2 Study, KJ will incorporate comments and produce the Final Study. Task 6.2 Assumptions: Final Onsite Water Reuse Phase 2 Study assumed to be 80 pages in length without including appendices.Task 6.2 Deliverables: Final Phase 2 Study (PDF, provided electronically). Task 7 – Project Management & Quality Assurance/Quality ControlTask 7.1 Project Management ActivitiesThis task consists of general project management, invoicing, team coordination, schedule management, subcontracting, project startup and closeout, and other management activities required throughout the completion of the project. Task 7.1 Assumptions: Total project duration of 24 months is assumed, with 12 months for preparation of the Phase 2 Study and the remaining 12 months for supporting continuing Stakeholder and Community Engagement activities. Project status reports and invoice will be submitted monthly through the preparation of the Phase 2 Study, then quarterly through the end of the Project.

CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 2023 10 KENNEDY/JENKS CONSULTANTS, INC.

Task 7.1 Deliverables:Up to sixteen (16) Project statusreports and invoices (submittedelectronically)Task 7.2 Kickoff Meeting and Status Calls The KJ PM will schedule a kickoff meeting between the KJ Team and relevant City staff to review the approach, confirm milestones and deliverables, and discuss the project scheduleonce notice to proceed is received. The KJ Team will develop a list of information and data needs that would be used to support the development of Tasks 1 through 4. Bi-weekly (every two weeks) Status Calls are proposed during the development of the Phase 2 Study (Tasks 1 through 4), with frequency reducing to as-needed to prepare for community engagement activities. Based on the Proposed Schedule, it is assumed that there will be twenty-four (24) 30-minute Status Calls to support the Phase 2 Study and to prepare for Stakeholder and Community Engagement activities. Task 7.2 Assumptions: One (1) 1-hour virtual Kickoff meetingattended by KJ PM and key technicalstaff.Up to 24 half-hour virtual status callsattended by KJ PM and City Staff.Task 7.2 Deliverables: Meeting agendas and meeting notes(MS Word, provided electronically).

Task 7.3 Quality Assurance/Quality ControlKJ will provide quality assurance and quality control (QA/QC) reviews through the course of the project consistent with KJ policies. Project deliverables will be reviewed for engineering, correctness of calculations, content clarity, and presentation. KJ will conduct an internal Concept and Criteria Review (C&CR) meeting toward the beginning of the project that involves a review and discussion of the project concepts by the project team members and senior members of our QA/QC staff. Task 8 (Optional) – Additional As- Needed Support This Task is for as-needed services as requested by the City in support of the Phase 2 Study or the advancement of the City’s ONWR Strategy. These services may include: Purchase and use of an economicmodel or software such as IMPLANConducting additional technicalmeetings/workshops.Coordinating learning sessions withtreatment vendors about specificproducts, technologies, andservices.Attending and/or providing newmaterials for additional stakeholderor community engagementmeetings.Providing additional programcontent.Task 8 Assumptions: A budget of $20,000 is assumed forthis task and would not be used unlessrequested by the City, at which time aspecific scope with deliverables and adefined budget would be provided.

CITY OF SACRAMENTO | ON-SITE NON-POTABLE WATER REUSE STRATEGY, PHASE 2 – RFP P23141081801 | 202312 KENNEDY/JENKS CONSULTANTS, INC.

Proposed BudgetThe budget established for Tasks 1-7 is $299,827, as summarized in Table 1. Task 8 consists of optional services, as described in the scope of work. Table 1. Summary of Estimated Level of Effort and Cost by Task Tasks Total Est KJ HoursTotal KJ LaborREDI LaborNBS LaborCWRC LaborSSS LaborTotal Expenses Total Labor + ExpensesTask 1: Onsite Water Reuse Components148 $34,165 $16,500 $0 $0 $0 $1,327 $51,992 Task 2: Cost Model 119 $27,202 $0 $5,720 $0 $0 $1,056 $33,979 Task 3: Economic Feasibility30 $7,468 $0 $64,570 $0 $0 $290 $72,328 Task 4: Program Implementation 52 $12,412 $6,050 $0 $6,600 $5,500 $482 $31,044 Task 5: Stakeholder/Community Engagement 74 $17,768 $2,888 $2,860 $825 $825 $690 $25,855 Task 6: Phase 2 Study165 $34,999 $5,500 $0 $0 $0 $1,359 $41,859 Task 7: Project Management 132 $34,584 $5,720 $572 $275 $275 $1,346 $42,772 Task 1-7 Total 720 $168,598 $36,658 $73,722 $7,700 $6,600 $6,550 $299,827 Task 8 (Optional): As-Needed Support $20,000 $0 $0 $0 $0 $0 $20,000 Note: Sub labor includes ten percent markup and expenses reflect a four percent communications charge A breakdown of our proposed project budget and line-item descriptions of the project deliverables is provided in Attachment A. It is acknowledged the individual task budget breakdowns are an estimate and may be transferred among each work element depending on specific interim work needs, as long as the total budget is not exceeded. The work will be performed on a time and expense basis in accordance with our Team’s Schedule of Charges, included in Attachment B, which presents the hourly rate schedules for Kennedy Jenks, Roth Ecological Design International (REDI), NBS, CW Research and Consulting (CWRC) and Social Science Strategies (SSS). bs +
en)i)Project AssistantLaborEscalationCommunication ChargeREDINBSCWRCSSSSub-MarkupODCsODCs MarkupTotal Subs(with markup)TotalExpensesTotal Labor + SubExpenses Eng-Sci-8 (T. Reynolds)Eng-Sci-8(M. Larsen)Eng-Sci-8(D. Taffler)Eng-Sci-8(B. Nishimura)Eng-Sci-7(D. Seymour)Eng-Sci-4 (L. Vance, G. Gyldenege) TotalLabor
Eng-Sci-6(J. Hoffman)Eng-Sci-6(Jennifer L. LarseEng-Sci-5 (Claudia LlerandiEng-Sci-2

Client/Address: City of Sacramento 5730 24th Street Bldg 22 Sacramento, CA 95822 Contract/Proposal Date: , 2023 Schedule of ChargesDate: January 1, 2023PERSONNEL COMPENSATION Classification Hourly RateEngineer-Scientist-Specialist 1 ............................................................................ $150Engineer-Scientist-Specialist 2 ............................................................................ $180Engineer-Scientist-Specialist 3 ............................................................................ $200Engineer-Scientist-Specialist 4 ............................................................................ $220Engineer-Scientist-Specialist 5 ............................................................................ $240Engineer-Scientist-Specialist 6 ............................................................................ $260Engineer-Scientist-Specialist 7 ............................................................................ $285Engineer-Scientist-Specialist 8 ............................................................................ $305Engineer-Scientist-Specialist 9 ............................................................................ $320Senior CAD-Designer .......................................................................................... $185CAD-Designer ..................................................................................................... $170Senior CAD-Technician ....................................................................................... $155CAD-Technician .................................................................................................. $140Project Assistant ................................................................................................. $140Administrative Assistant ...................................................................................... $120 Aide ....................................................................................................................... $95 In addition to the above Hourly Rates, a four percent Communications Charge will be added to Personnel Compensation for normal and incidental copies, communications and postage. Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost for items such as: a. Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special suppliesrelated to the work.b. Consultants, soils engineers, surveyors, contractors, and other outside services.c. Rented vehicles, local public transportation and taxis, travel and subsistence.d.Project specific telecommunications and delivery charges.e. Special fees, insurance, permits, and licenses applicable to the work.f. Outside computer processing, computation, and proprietary programs purchased for the work.Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate. If prevailing wage rates apply, the above billing rates will be adjusted as appropriate. Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above. Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above. Excise and gross receipts taxes, if any, will be added as a direct expense. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2023 through December 31, 2023. After December 31, 2023, invoices will reflect an increase in rates of 3% per year.

Roth Ecological Design Internaonal (REDI) 2023 Rates Classicaon/Title Rate (per hour) Principal $225Project Manager $150Associate $150Field Technician $125CAD Manager $95Administraon $65NBS Government Finance Group (NBS) 2023 Rates Classicaon/Title Rate (per hour) Director / Senior Review $260Associate Director / Engineer $225Senior Consultant $200Consultant $175Project Analyst $150Project Resource Analyst $130Clerical / Support $110CW Research and Consulng LLC Social Science Strategies LLC 2023 Rates Sta Rate (per hour) Carolyn WagnerCW Research and Consulng LLC$125Colleen DonovanSocial Science Strategies LLC$125

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1 EXHIBIT B PAYMENT 1.The total of all fees paid to the Contractor for the provision ofServices as set forth in Exhibit A, including any authorized reimbursable expenses, shall notexceed the total sum of $299,827.00. The payments specified in this Exhibit B shall be the onlypayments 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, dailyrate, flat fee, lump sum, or other basis, as set forth in Exhibit A or Attachment 1 to this Exhibit Band any applicable special provisions included in the request for bids or proposals. If there is aconflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls.3.Reimbursable Expenses are limited to actualexpenditures of Contractor for expenses that are necessary for the proper satisfaction of theContract and are only payable if specifically authorized in advance in writing by the City. Nocharges or markup will be allowed unless specified in the Contract, including charges for traveland transportation.4. Payments to CONTRACTOR. Contractor is responsible for supplying all documentationA. Payments to Contractor shall be made within a reasonable time after receipt ofContractorAttachment 1 to Exhibit B. Contractor may request payment on a monthly basis.Contractor shall be responsible for the cost of supplying all documentation necessary toverify 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:[email protected](2) Postal Mail. If emailing is not an option, mail to:A/P Processing CenterCity of Sacramento915 I Street, Floor 4Sacramento, CA 95814-2608C. All invoices submitted by Contractor must contain the following information:(1) Job/Project Name(2)(3) Contractor(4) Date of Invoice Issuance(5) Work Order Number (if applicable)(6) CITY representative identified on the Purchase Order Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (7) Contractor(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 Contractorto comply with the invoice format described above. 5. Additional Services. Additional Services shall be provided only when a Supplemental Contract 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, and 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 Contractorproof 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 Contractorbreach of this section.

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: 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. Insurance Coverage. (Check the applicable provision.) _X_ W 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 ___ Nis required, and by signing this Contract, Contractor certifies as follows: 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 subr 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 _XX_ Is not _____ [check one] required for this Agreement. If required, such coverage must be continued for at least _3_ 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 Contractorindependent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractorassigned 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 Contractorincluding 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 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 ContractorContractorthe use will promote Contractorelsewhere 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 Contractorsubcontractors. 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 any additional persons or companies so long as Contractor does not violate the provisions of Section 5, below.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2

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 of 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 Contractcause, 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 Contractorpersonnel have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. Contractor and Contractoror 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 or that would in any way hinder Contractorunder 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 written consent. Contractor agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the 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 special and unique assets of the CITY. 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 Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 communicate in any manner any City Information to any third party without the 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 Contractmeans 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 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 proceedingnotice 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 Contractorperformance, 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 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 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 Contractor, and the information will be disclosed by CITY in accordance with the Public Records Act.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4

9. Notification of Material Changes in Business. Contractor agrees that if it experiences anymaterial 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 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 Contractorprofession. 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 Contractorunder 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. B. CITY shall have the right at any time to suspend Contractorwhole or in part, by giving a written notice of suspension to Contractor. Upon receipt of Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 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, 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 enforcing this Liabilities for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with 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 Liabilities (i) are caused in part by a party indemnified hereunder, or (ii) are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury 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, Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. 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 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. 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 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 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 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 ContractorContract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 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 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. 21. Waiver. Neither the CITY 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.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8

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 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 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.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9 (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 exceptions apply, the initiating agency, and dates of action. D. 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 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 EADDITIONAL 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 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 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 SectProgram 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. -Works/Contractors.html. The above summary is provided solely for informational 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

Form Approved by City Attorney 9-1-2020 Exhibit E - Page 2 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 #: N/A C. 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.

RESOLUTION NO. 2023-####

Adopted by the Sacramento City Council

October 17, 2023

Agreement: On-Site Non-Potable Water Reuse Strategy, Phase 2 (Two-Thirds Vote Required)

BACKGROUND

A. This project is spurred by the City’s climate leadership and innovations. City Council has accelerated efforts to mitigate climate change locally and prepare for its effects.

B. Building on recommendations of the Mayors’ Commission on Climate Change, the City Council prioritized several urgent climate initiatives for implementation in Fall of 2020.

The City’s 2021 Climate Implementation Work Plan identified near-term actions, including efforts to accelerate on-site water reuse as a climate strategy, both to save water and to accelerate the “Just Transition” from local gas pipefitting work to water conservation and resiliency. City Council allocated one-time funding of $4.4 million to implement the Climate Work Plan, including this project.

C. On June 1, 2021, City Council adopted the New Building Electrification Ordinance. The Ordinance phases in the requirement for all new construction of 1-3 stories to be fully electric by January 1, 2023, and buildings of 4+ stories to be all electric by January 1, 2026. In addition, on June 1, 2021, Council also adopted a resolution directing staff to evaluate opportunities for the expansion of water conservation standards for buildings and for staff to submit an update to the City Council prior to July 1, 2022, in advance of ordinance effective dates. A key issue identified during Ordinance development was potential impacts of the Ordinance on local gas pipefitting work. In fulfillment of Council direction to evaluate this issue, based on the results of the study, Mayor and Council adopted an ordinance to be effective by July 1, 2023, requiring alternate water systems in certain types of new commercial (non-residential) construction to allow for installation of future on-site non-potable water reuse treatment systems.

D. On February 1, 2022, DOU entered into an agreement (PRC001751) with Kennedy Jenks to perform an On-Site Non-Potable Water Reuse Strategy, Phase 1 study.

E. On December 13, 2022, based on recommendations from the On-Site Non-Potable Reuse Strategy, Phase 1 study, Council adopted Ordinance 2022-0031 requiring that for building permit applications filed on or after July 1, 2023:

a. Buildings that are 10,000 square feet or greater must include a gray water system to provide subsurface irrigation.

b. Buildings that are 50,000 square feet or greater must include installation of a separate, additional piping system that can be utilized for an on-site treated non- potable gray water system for water closets and urinals.

F. On December 13, 2022, Resolution 2022-0402 directed staff to proceed with a Phase 2 study to look into the feasibility of onsite treatment and re-use of graywater and blackwater in commercial non-residential buildings over 50,000 square feet, and nonresidential district-scale projects over 100,000 square feet, and expansion of the existing requirements to large multi-unit residential projects.

G. City Council approval is required to authorize execution of agreements for professional services of $250,000 or more. Under Administrative Policy Number AP-4102, competitive selection requirements do not apply when it is in the City’s best interest to use a different procurement method. Suspension of competitive bidding is in the City’s best interests because as staff has determined. Kennedy Jenks is the sole source for the required service and it is both cost-effective and time-saving to proceed with awarding a contract to this firm for the Phase 2 study.

H. There is funding to execute a Professional Services Agreement with Kennedy/Jenks Consultants, Inc. to develop the On-Site Non-Potable Water Reuse Strategy, Phase 2 Study in the Climate Action Initiatives Project (I15240100, Fund 1001) for this study, in the amount of $193,134. A budget transfer of $106,693 from the Fiscal Year (FY) 2023/24 Department of Utilities Operating Budget is required to provide sufficient funds to support this agreement. Staff projects sufficient savings to cover the budget transfer.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. In the best interests of the City, competitive bidding is suspended for the On-Site Non-Potable Water Reuse Strategy, Phase 2 Study.

Section 2. The City Manager or the City Manager’s designee is authorized to execute an agreement with Kennedy/Jenks Consultants, Inc. to develop the On-Site Non- Potable Water Reuse Strategy, Phase 2 Study for a total not-to-exceed amount of $299,827.

Section 3. The City Manager or the City Manager’s designee is authorized to transfer $106,693 from the FY2023/24 Department of Utilities Operating Budget (Fund 6005) to the Climate Action Initiatives Project (I15240100, Fund 6005) for the study.

Adopted by the City of Sacramento City Council on October 17, 2023, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Attest:

The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.