Item 03 2024-01080 Accept Grant Funds, Budgetary Adjustments, and Execute Consultant Services for Howe Avenue Transportation and Vision Zero Plan (T15180400)

City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01080 6/18/2024 Consent Item 3.

Accept Grant Funds, Budgetary Adjustments, and Execute Consultant Services for Howe Avenue Transportation and Vision Zero Plan (T15180400)
File ID: 2024-01080
Location: District 6, Represented by Councilmember Guerra Recommendation: Adopt a Resolution: 1) authorizing the City Manager or the City Manager’s designee to accept grant funds from the California Department of Transportation (Caltrans) to develop the Howe Avenue Transportation and Vision Zero Plan; 2) authorizing the City Manager or the City Manager’s designee to increase the revenue and expenditure budgets in the Active Transportation Program (T15180400) by $342,060 (Other Capital Grants, Fund 3704); and 3) authorizing the City Manager, or the City Manager’s designee, to execute a Professional Services Agreement with DKS Associates, Inc. for the Howe Avenue Transportation and Vision Zero Plan for an amount not to exceed $310,690.

Contact: Casandra Cortez, Transportation Planner, 916 808 6725, [email protected]; Jennifer Donlon Wyant, Transportation Planning Manager, (916) 808 5913, [email protected]; David Edrosolan, City Traffic Engineer, (916) 808 5974, [email protected]; Department of Public Works
Presenter: None.

Attachments:
1-Description/Analysis
2-Resolution
3-Caltrans Award Letter
4-Project Area Map
5-Agreement with DKS Associates, Inc.

Description/Analysis
Issue Detail: The City applied for and received a Caltrans Sustainable Communities Transportation Planning Grant to conduct the Howe Avenue Transportation and Vision Zero Plan on Howe Avenue from Fair Oaks Boulevard to the Power Inn Light Rail Station located south of Folsom Boulevard. The

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File ID: 2024-01080 6/18/2024 Consent Item 3.

Howe Avenue Transportation and Vision Zero Plan will be a community driven plan that will identify opportunities to improve safety, mobility, and access along and throughout the corridor. This segment of Howe Avenue is one of the Vision Zero Top 10 corridors, or one of the corridors with the highest number of traffic fatalities and severe injuries. City Council approval is required to accept the grant funds from the California Department of Transportation (Caltrans), amend the revenue and expenditure budgets in the Active Transportation Program (T15180400), and to execute a Professional Services Agreement with DKS Associates, Inc.

Policy Considerations: The recommendations in this report are in accordance with the following specific policies from the Sacramento 2040 General Plan:

1. M-1: An equitable, sustainable multimodal system that provides a range of viable and healthy travel choices for users of all ages, backgrounds, and abilities.

2. M-1.2 User Prioritization. The City shall prioritize mobility, comfort, health, safety, and convenience for those walking, followed by those bicycling and riding transit, ahead of design and operations for those driving.

3. M-1.3 Healthy Transportation System Options. The City shall plan and make investments to foster a transportation system that improves the health of Sacramento residents through actions that make active transportation, nonmotorized modes, high-occupancy, and zero emission vehicles (ZEVs) viable, attractive alternatives to automobiles that use internal combustion engines.

4. M-1.4 Designing to Move People. In planning, designing, and managing the transportation system, the City shall prioritize person throughput to shift trips to more efficient travel modes and upgrade the performance of limited street space.

5. M-1.6 Transit Integration. Wherever feasible, the City shall design buildings, the public realm, streets, and pedestrian access to integrate transit into existing neighborhoods and proposed developments and destinations such as schools, employment centers, commercial centers, major attractions, and public walking spaces to improve access for users by transit.

6. M-1.9 Equitable Processes and Outcomes. The City shall ensure that the transportation system is planned and implemented with an equitable process to achieve equitable outcomes and investments so that all neighborhoods one day will have similar levels of transportation infrastructure such as sidewalks, marked low stress crossings, and bikeways.

7. M-1.11 Increase Bicycling and Walking. The City shall strive to increase bicycling and walking citywide so that it can meet its equity, reduced vehicle miles traveled, and sustainability goals.

8. M-3.2 Street Design. The City shall ensure street design and potential redesign opportunities for existing streets minimize driver speed as appropriate within residential neighborhoods and incorporate street trees wherever possible without compromising connectivity for emergency access or people bicycling, walking, and using mobility devices.

9. M-3.3 Traffic. The City shall support planning and managing traffic from the perspective of the adjacent uses, using traffic management and traffic calming techniques.

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File ID: 2024-01080 6/18/2024 Consent Item 3.

10.M-4.1 Application of Safety. The City shall design, plan, and operate streets using complete streets principles to ensure the safety and mobility of all users.

11.M-4.2 Safer Driving Speeds. The City shall work to maximize the safety of the transportation network by designing streets for lower driving speeds and enforcing speed limits in an unbiased manner as well as promoting safer driving behavior.

12.M-4.3 Vision Zero. The City shall utilize a data driven, “vision zero” approach to eliminate all traffic fatalities and severe injuries by 2027, while increasing safety, health, and equitable mobility for all.

Economic Impacts: None.

Environmental Considerations:

California Environmental Quality Act (CEQA): The award of a professional services agreement for the preparation of a complete streets plan is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15262, Feasibility and Planning Studies. Section 15262 exempts projects involving only feasibility or planning studies for possible future actions, which have not been approved, adopted, or funded. Implementation of any future projects identified in this study will be subject to CEQA review, and if federally-funded,National Environmental Policy Act (NEPA) requirements.

Sustainability: Attaining funding to plan for multimodal improvements furthers the City’s commitment to sustainability. The Howe Avenue Transportation and Vision Zero Plan will focus on safety, mobility for all modes of transportation, and access to active transportation modes, which will encourage less driving and reduce dependence on the private automobile. The Howe Avenue Transportation and Vision Zero Plan will identify opportunities to remove barriers for people walking, people biking, and people taking transit.

Commission/Committee Action: On January 19, 2023, the Active Transportation Commission recommended to City Council this project for application to the Caltrans Sustainable Transportation Planning Grant program. On February 7, 2023, City Council adopted a resolution authorizing the City Manager to submit the Howe Avenue Transportation and Vision Zero Plan application to the Caltrans competitive grant program.

Rationale for Recommendation: A Request for Proposals for professional services was advertised for the project per City guidelines. Two proposals were received by the close of the submittal period.

All submittals were scored by an unbiased selection committee and both consultant teams were interviewed by a panel of City employees. DKS Associates, Inc. was selected as the preferred consultant team.

Financial Considerations: The Howe Avenue Transportation and Vision Zero Plan is expected to

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File ID: 2024-01080 6/18/2024 Consent Item 3.
cost approximately $501,700. The City received a State grant for $342,060 from Caltrans, through the Sustainable Communities Transportation Planning Grant Program. Staff recommends accepting the State grant funds to develop the Howe Avenue Transportation and Vision Zero Plan. A total of $159,640 (New Measure A, Safety, Streetscape, Pedestrian, and Bicycle, Fund 2039) in required local match has been allocated per the grant award and is available in the Active Transportation Program. Upon approval of the budgetary adjustment in the amount of $342,060 (Other Capital Grants, Fund 3704) to the Active Transportation Program (T15180400) there will be sufficient funding to execute the agreement with DKS Associates, Inc. for an amount not to exceed $310,690 for the Howe Avenue Transportation and Vision Zero Plan, and complete the ongoing program requirements.

There are no General Funds planned or allocated for this project.

Local Business Enterprise (LBE): DKS Associates, Inc. is an LBE.

Background: On January 24, 2024, City staff released a Request for Proposals (RFP) for professional services to provide assistance to City staff for the Howe Avenue Transportation and Vision Zero Plan.

A pre-proposal meeting was held on February 13, 2024, and proposals were due February 26, 2024.

Two proposals were received and both teams were interviewed the week of March 18, 2024. DKS Associates, Inc. was chosen as the preferred firm. Scope negotiations began on April 9, 2024, and concluded with the mutual satisfaction of both parties. The professional services to be performed by DKS Associates, Inc. will include the following:
· Existing Conditions Analysis
· Alternatives Analysis
· Community Listening and Engagement
· Draft and Final Plan

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RESOLUTION NO.

Adopted by the Sacramento City Council
Accept Grant Funds, Budgetary Adjustments, and execute Consultant Services for the Howe Avenue Transportation and Vision Zero Plan Project (T15180400)

BACKGROUND
A. The City applied for and received a Caltrans Sustainable Communities Transportation Planning Grant to conduct a safety and mobility study for the Howe Avenue Transportation and Vision Zero Plan. The Howe Avenue Transportation and Vision Zero Plan will be a community-driven plan that will identify future transportation investments along the project area to improve safety, mobility, and access.

B. A total of $159,640 in local funds was previously allocated for project initiation and local match.

C. On January 24, 2024, staff released a Request for Proposals (RFP) for consultant services to provide assistance to City staff for the Howe Avenue Transportation and Vision Zero Plan.

D. A pre-proposal meeting was held on February 13, 2024, and proposals were due February 26, 2024. Two proposals were received and both teams were interviewed the week of March 18, 2024.

E. DKS Associates, Inc. was chosen as the preferred firm. Scope negotiations began on April 9, 2024, and concluded with the mutual satisfaction of both parties. The professional services to be performed by DKS Associates, Inc. will include:
• Existing Conditions Analysis
• Alternatives Analysis
• Community Listening and Engagement
• Draft and Final Plan

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

Section 1. The City Manager or the City Manager’s designee is authorized to accept grant funds from the California Department of Transportation (Caltrans) to develop the City of Sacramento Howe Avenue Transportation and Vision Zero Plan..

Section 2. The City Manager or the City Manager’s designee is authorized to increase the revenue and expenditure budgets in the Active Transportation Program (T15180400) by $342,060 (Other Capital Grants, Fund 3704).

Section 3. The City Manager, or the City Manager’s designee is authorized to execute a Professional Services Agreement with DKS Associates, Inc for the Howe Avenue Transportation and Vision Zero Plan for an amount not to exceed $310,690.
“Provide a safe and reliable transportation network that serves all people and respects the environment”

DIVISION OF TRANSPORTATION PLANNING
P.O. BOX 942873, MS–32 SACRAMENTO, CA 94273–0001
(916) 261-3326 | TTY 711
www.dot.ca.gov
August 31, 2023te

SENT VIA E-MAIL
On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, we are pleased to congratulate you on your Sustainable Transportation Planning Grant award.

Sustainable Transportation Planning Grant Program
Grant Award
Fiscal Year
Grant
Category
Grant Fund
Source
Project Title
Grantee/Agency
Executive Director
Grantee/Agency
Contact
Sub-Recipient(s)
Caltrans District
Contact(s)
Caltrans District
Contact(s) E-mail
Grant Award Local Match
(Cash)
Local Match
(In-Kind)
Total
Local Match
%
Local Match
Total
Project Cost
Conditions of Award Due to Caltrans Grant Expiration Date Final Invoice Due * The final contractually agreed upon Local Match and Fund Source are located on the Grant Application Cover Sheet and Project Cost and Schedule. Any change in Local Match that increases/decreases the Total Project Cost must be approved by Caltrans and may require a Formal Amendment. Each invoice must include the contractual/agreed upon local match % - any deviation to this amount requires an approved Tapered Local Match Amendment prior to invoice submittal. Any change to the Local Match Fund Source requires prior Caltrans approval and an Administrative Amendment. 2023-24 Sustainable Communities Competitive RMRA Howe Avenue Transportation and Vision Zero Plan City of Sacramento Howard Chan Casandra Cortez Dawson Stroud [email protected] $342,060 $159,640 NA $159,640 31.82% $501,700 9/28/23 4/30/26 6/29/26 Caltrans Sustainable Transportation Planning Grant Program Grant Award

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“Provide a safe and reliable transportation network that serves all people and respects the environment” Next Steps

1. The Caltrans District Grant Manager will schedule a Conditional Award Meeting with your agency soon.
 The attached specific and general conditions and project revisions necessary to accept grant funding will be discussed at this meeting.

2. The required conditions must be submitted to the Caltrans District Grant Manager no later than the date listed in the table above.
 Failure to satisfy these conditions will result in the forfeiture of grant funds.

3. The Caltrans District Grant Manager will review and approve all items required to fulfill the attached specific and general conditions.

4. Once the required conditions are met and the agreement is executed, the Caltrans District Grant Manager will:
 Send a Notice to Proceed letter (for MPO/RTPAs, this will happen after the OWP/OWPA formal amendment is processed). Grant work cannot begin until the Notice to Proceed letter is received by your agency.  Coordinate and schedule a grant kick-off meeting with your agency.

If you have questions concerning your Conditional Grant Award, please reach out to your Caltrans District contact listed in the table above.

Sincerely,

ERIN THOMPSON
Chief, Office of Regional and Community Planning
Attachments:

Specific and General Conditions

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Sustainable Transportation Planning Grant Program
Grant Award Specific and General Conditions
Specific Conditions
If Specific Conditions have been identified for this grant, they will be listed below.

Please make all necessary revisions to the Grant Application Cover Sheet, Scope of Work (SOW), and/or the Cost and Schedule, and complete the right column to indicate where the specific conditions were addressed.

Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)

1. Cost and Schedule - Revise task amounts because they do not add up total amount.

2. Identify the authorized signer(s) and email address(s) for the grant agreement that will be routed via Adobe Acrobat Sign.

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Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)

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General Conditions
Please review the General Conditions below and complete them, as necessary. Most of these items are outlined in the Grant Application Guide, Ch. 6 and Appendix B. • Board Resolution – A current (less than one year old) Local Board Resolution, signed by the governing board that includes the grant project title and job title of the person authorized to enter into a contract with Caltrans, is required to be submitted to Caltrans by October 15, 2023.
• Payee Data Record (STD. 204) states government entities are not required to submit the form; however, it is required by Caltrans Accounting to ensure payments are sent to the correct recipient and address.
• Scope of Work (SOW) and Project Cost and Schedule (Refer to Grant Application Guide, Appendix B Checklists) These are frequently missed requirements:
o Project Management stand-alone tasks, staff and/or consultant coordination are not allowed. Project Management activities must be charged to the tasks in which they accrued.
o Include tasks for a kick-off meeting with Caltrans, invoicing, quarterly reporting, and Board adoption or acceptance.
o Ensure the deliverable for the consultant procurement task includes: Request for Proposal (RFP), executed consultant contract, and a copy of your agency’s procurement procedures.
o The earliest project start date is January 2, 2024, with an end date of April 30, 2026. The Project Cost and Schedule will need be updated to reflect your proposed start date.

At least one Task must extend to the grant expiration date on April 30, 2026. o Indirect Costs - For Local Government Agencies requesting to bill for indirect costs:

Indirect costs must be identified in the SOW and Project Cost and Schedule, and the indirect cost rate included at the bottom of the Project Cost and Schedule. • Grant Application Cover Sheet and Project Cost and Schedule o Ensure the grant award, local match, and total project costs are consistent with the award letter amounts.
• Grant Application Cover Sheet - Must identify the specific source of cash and in-kind local match funds; and must identify the agency providing the local match. o If your agency is using staff time as a cash match, the application cover sheet must identify the source of local match funds for staff time (e.g., General Fund). o Direct grantee staff time is not an allowable in-kind match and must be identified as cash match.
• Third Party In-Kind Valuation Plan, if applicable - Third-party in-kind contributions consist of goods and services donated from outside the grantee’s agency (e.g., printing, facilities, interpreters, equipment, advertising, staff time, and other goods or services). If utilizing thirdparty in-kind contributions to satisfy the local match requirement:
o Ensure in-kind contribution information is identified on the Grant Application Cover Sheet and Project Cost and Schedule.

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o To clarify, sub-recipient staff time, if reimbursed, is considered cash match. If donating their time, it is considered in-kind.
o Submit a Third-Party In-kind Valuation Plan. The District can provide a copy of the valuation plan checklist and template.
• Ensure Consistency - All changes made to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule are made consistently in all documents.

Grant Administrative Requirements
Refer to the Grant Application Guide, Ch. 6, and the Restricted Grant Agreement boilerplate for a detailed overview of the Grant Administrative Requirements that must be adhered to over the life of the project. In summary:
• Third Party Contracts - Competitive consultant procurement, i.e., Request for Proposals (RFP) is required for all grant projects
o If there is a consultant on-board, ensure the process to procure the consultant was a competitive process (documentation must be provided to Caltrans); the grant work must have been part of the original RFP
o If using an on-call consultant list, the process for establishing the list must be competitive and less than five years old (documentation must be provided to Caltrans) o If the consultant helped to prepare the Project Scope of Work or grant application, they shall not be considered in the consultant procurement • Quarterly Reporting – Quarterly Progress Reports (a narrative of completed project activities) are submitted on a quarterly basis
• Invoicing and Financial Requirements –
o Maintain a proper accounting system (MS Excel is unacceptable) o Request for Reimbursements/invoices (RFRs) at least quarterly, but no more than monthly
 One-time, lump sum invoices are not allowed
 If requesting reimbursement of indirect costs, a copy of the ICAP/ICRP acceptance letter must be submitted with the first invoice
 Local match commitments must be satisfied with every RFR/invoice, including any local match amount above the minimum amount. If you are unable to meet this commitment, coordinate with your district Contract Manager.  All work must be completed by April 30, 2026.
 Final RFR/invoice and the final product are due no later than June 29, 2026.  The final RFR/invoice will not be processed without the final product o An Indirect Cost Allocation Plan/Indirect Cost Rate Proposal (ICAP/ICRP) must be submitted each year to the Inspector General Independent Office of Audits and Investigations for approval. Instructions for submitting an ICAP/ICRP are available at the following webpage: https://ig.dot.ca.gov/resources
• Grant Amendments - Proposed changes to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule (e.g., local match amount, fund source, movement of funds) will require an Amendment and Caltrans approval. Please contact Caltrans for guidance on this process.

Project Area
Howe Avenue Transportation and Vision Zero Plan
Legend
Project Area
6 mi
N
➤

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ATTACHMENT 1 TO EXHIBIT B
I. COMPENSATION AND PAYMENT
A. CONTRACTOR shall not commence performance until a written “Notice to Proceed” has been issued by CITY Project Manager.

B. CONTRACTOR shall be reimbursed for services at the specific rate of compensation in the approved 10-H Form(s). Unless specifically identified as some other method, the specified rates shall include direct/base hourly rate, fringe benefits, overhead, and profit.

C. CONTRACTOR shall be reimbursed for Other Direct Costs (ODC), at rates as identified on the approved 10-H Form(s) with receipts for actual costs. Please refer to 10-H instructions for guidelines on reimbursable costs.

D. If applicable, CONTRACTOR shall pay prevailing wages to those workers employed on public works contracts performing applicable duties as required by the State Labor Code and City Code 3.60.180. CONTRACTOR shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations.

Based on prevailing adjustments, CONTRACTOR may request an adjustment in the rate(s) in the 10-H form. These adjusted rates will not go into effect until the approval date by the City of the Supplemental Agreement. CONTRACTOR is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. A mistake, inadvertence, or neglect by CONTRACTOR in failing to pay the correct rates of prevailing wage will be remedied solely by CONTRACTOR and will not, under any circumstances, be considered as the basis of a claim against CITY on this Agreement.

E. Unless specifically stated, the contract shall be a not-to-exceed by task, Other Direct Cost (ODC) line item, and total budget as included in the Cost Proposal. Written approval by CITY Project Manager is required for reallocation of budget between tasks, between ODC line items, or between tasks and ODCs. All reallocation requests must include a revised Cost Proposal. If the reallocation will directly or indirectly require an increase in the total contract amount, it will be require a Supplemental Agreement to be approved by the CITY as described in Section G.

F. Written approval by CITY Project Manager is required for any staff substitutions or additions of staff under classifications included in the 10-H Form(s). 2 Last Updated 7/24/14

1. Updated 10-H Form(s) for CONTRACTOR and all SUBCONTRACTORS shall be included.

2. Any addition or substitution shall be paid at the same or lower rate of the previously approved or similar classification.

3. If a substitution involves Key Staff, CONTRACTOR shall request and justify the need for substitution and obtain written approval from CITY Project Manager.

The justification shall include a resume of the proposed new Key Staff.

If the staff addition or substitution will include a new classification, any rate increase, or will directly or indirectly require an increase in total contract amount, it will require a Supplemental Agreement to be approved by the CITY as described in Section G.

No work shall commence until written approval by the CITY Project Manager. Any work not in compliance with the above, and performed prior to the date of approval by the City, shall not be reimbursed.

G. Supplemental Agreements are required for any changes to the scope and terms of the agreement, including but not limited to the following:

1. Increasing the Agreement not-to-exceed amount.
a. Any increase to the not-to-exceed amount shall include a cost proposal documenting the increase.

2. Adding task(s) within the advertised scope.

3. Adding new classifications or adjusting rates:
a. Updated 10-H Form(s) for CONTRACTOR and all SUBCONTRACTORS shall be included.
b. CONTRACTOR may request cost of living increases in base salary of staff after the contract has been in effect for two years. The maximum increase, if approved, shall be the annual Cost of Living Adjustment (COLA) increase as calculated and used by the Social Security Administration. Any approved increase shall not go into effect until a Supplemental Agreement is executed.

4. Adding SUBCONTRACTORS.

5. Adding new Other Direct Cost (ODC) items not included in 10-H Form.

6. Extending the sunset date of the Agreement.
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No work shall commence until the Supplemental Agreement is executed and written notification has been provided by CITY Project Manager. Any work not in compliance with the above, and performed prior to the date of the execution of the Supplemental Agreement by the City, shall not be reimbursed.

H. Monthly Invoices

1. Invoices shall be made in arrears based on services provided at specific hourly rates and other direct cost(s) incurred per the approved 10-H Form(s).

2. CONTRACTOR AND SUBCONTRACTOR invoices shall be submitted using the Citytemplate and include the following:
a. Task, Budget, and Billing Summary.
b. A copy of all invoices for Other Direct Costs and appropriate back up documentation, at rates consistent with the approved 10-H Form(s). c. A copy of SUBCONTRACTOR invoices using the City template. d. CONTRACTOR Project Manager’s signature certifying that all charges have been reviewed and are in compliance with the contract terms. e. Written approval of CITY Project Manager for any overtime expenses for Prevailing Wage staff consistent with the approved 10-H Form(s). f. Written approval by CITY and CONTRACTOR of Reallocation of Budget between Tasks or between Tasks and Other Direct Costs.

3. For non-federally funded projects, CONTRACTOR shall meet the 5% Local Business Enterprise (LBE) participation requirement, unless an LBE waiver has been obtained by CITY Project Manager prior to the agreement being executed.

CONTRACTOR will track LBE utilization, including for all subcontractors, and include the percentage achieved with each invoice. The 5% requirement only applies to those agreements awarded for a not-to-exceed amount over $100,000.

4. For federally funded projects in compliance with 49 CFR 26.37, a Disadvantaged Business Enterprises Utilization Report (Form ADM-3069) is required, as specified in this Agreement.

5. CONTRACTOR may include SUBCONTRACTOR costs that are treated by the CONTRACTOR as accrued due to such costs having been billed by the SUBCONTRACTOR to CONTRACTOR and recognized by CONTRACTOR and CITY as valid, undisputed, due and payable.
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6. CONTRACTOR shall not add a mark-up to SUBCONTRACTORs for professional services or other direct costs included in the approved 10-H form(s).

7. Invoices for approved monthly services shall be submitted by CONTRACTOR and received by CITY Project Manager within 45 calendar days of the completion of the approved monthly services specified in the Task, Budget, and Billing Summary.

II. COST PRINCIPLES
A. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files.

B. For federally funded projects, all costs must be in accordance with the cost principles of Title 48 Code of Federal Regulations (CFR), Part 31, Contract Cost Principles and Procedures (48 CFR 31 et seq.).

C. For federally funded projects, CONTRACTOR agrees to comply with federal procedures in accordance with Title 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (49 CFR 18).

D. Any costs for which payment had been made to CONTRACTOR that are determined by subsequent audit to be unallowable under 48 CFR 31 or 49 CFR 18 are subject to repayment by CONTRACTOR to CITY.

III. CONFLICT OF INTEREST
A. CONTRACTOR shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this contract, or any ensuing CITY construction project. CONTRACTOR shall list current clients who may have a financial interest in the outcome of this contract, or any ensuing CITY construction project, which will follow.

B. CONTRACTOR certifies that it does not now have, nor shall it acquire in the future, any financial or business interest that would conflict with the performance of services under this contract.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article III.
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D. CONTRACTOR certifies that neither CONTRACTOR, nor any firm affiliated with CONTRACTOR will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.

An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise.

E. Except for SUBCONTRACTORS whose services are limited to providing surveying or materials testing information, no SUBCONTRACTOR who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.

IV. PROVISIONS FOR REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION CONTRACTOR warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any CITY employee.

In the event of breach or violation of this warranty, CITY shall have the right in its discretion: to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

V. PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS FOR LOBBYING A. CONTRACTOR certifies to the best of his or her knowledge and belief that:

1. No state, federal or CITY appropriated funds have been paid, or will be paid by-or-on behalf of CONTRACTOR to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in 6 Last Updated 7/24/14
connection with this federal contract, grant, loan, or cooperative agreement; CONTRACTOR shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. CONTRACTOR also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly.

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

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

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

D. CONTRACTOR and SUBCONTRACTORS’ contracts, including cost proposals and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA) ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR Audit Workpaper Review it is CONTRACTOR’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s workpapers. The contract, cost proposal, and ICR shall be adjusted by CONTRACTOR and approved by CITY contract manager to conform to the audit or review recommendations. CONTRACTOR agrees that individual terms of costs identified in the audit report shall be incorporated into 7 Last Updated 7/24/14
the contract by this reference if directed by CITY at its sole discretion. Refusal by CONTRACTOR to incorporate audit or review recommendations, or to ensure that the Federal, State, or local governments have access to CPA workpapers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.

VII. SUBCONTRACTING
A. CONTRACTOR shall perform the work contemplated with resources available within its own organization; and no portion of the work pertinent to this contract shall be subcontracted without written authorization by CITY’S Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.

B. Any subcontract entered into as a result of this contract, shall contain all the provisions stipulated in this contract to be applicable to SUBCONTRACTORS.

C. Any substitution of SUBCONTRACTORS must be approved in writing by CITY’s Contract Administrator prior to the start of work by the SUBCONTRACTOR.

VIII. RETENTION OF RECORDS/AUDIT
A. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONTRACTOR, SUBCONTRACTORS, and CITY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract.

All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, CITY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONTRACTORS that are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. All subcontracts shall contain this provision. *All referenced forms and sample templates will be provided by CITY. 10-H FORM INSTRUCTIONS

1. Supplement#: Enter in appropriate Supplement # or fill in Original, if it is to establish the agreement.

2. Contractor Name: Enter CONTRACTOR name as it appears on the W-9, and should match remit information on invoices.

3. Date*: Date CONTRACTOR is filling out the 10-H Form (*This is not the effective date of contract execution for invoicing purposes).

4. Project Name: Enter project name.

5. Project #: Enter CITY project number.

6. The Contractor and Subcontractor(s) shall submit, for the most recent completed fiscal year, an Indirect Cost Rate (ICR) Regulations (FAR) compliant. For contracts $3.5 million or greater, a CPA audited ICR shall be used. that has been approved by Caltrans with a Cognizant Letter of Approval if available OR an ICR that is Federal Acquisition a. Fringe Benefit %: Enter in the Fringe Benefit Rate per CONTRACTOR’S audited rate b. Overhead %: Enter in the FAR compliant Overhead Rate.

A + B = Actual Fully Loaded Hourly Rate
Profit: Enter profit,
Classification: Enter classification that shall match invoiced classification for payment approval.

Name: List all Professional and Supervisory staff by Name. For staff not listed by name, a current payroll document identifying actual hourly rate shall be provided with every invoice for which they bill time. For greater flexibility, besides naming all individuals working on the project, it may be helpful to also enter in a classification without a name (non-key staff only), and a rate not to exceed similar classifications.

Key Staff: Denote Key Staff with an X in the Key Staff Column. Final determination of Key Staff to be approved by CITY Project Manager. (Examples of key staff may include a named Project Manager, a specific Principal Engineer, a specific Structural Engineer Prevailing Wage: Denote staff subject to Prevailing Wage with an X in the Prevailing Wage Column.

Overtime: Overtime may be paid to classifications where it is required by their union contracts (Prevailing Wage classifications).

Overtime will not be charged unless prior written approval is received by CITY Project Manager. CITY shall pay the CONTRACTOR at the approved overtime rates noted within the 10-H Form (overtime columns can be unhidden for entry where appropriate).

CONTRACTOR shall pay prevailing wage employees per prevailing wage guidelines. For more information on applicable prevailing wages, please visit the following website: https://www.dir.ca.gov/OPRL/PWD/.

Actual Base Hourly Rate Paid to Employee for Reference Only: Enter in the actual hourly rate of the employee per the date noted in number 3. Actual Base Hourly Rate should not include fringe, in-lieu of fringe, or overhead. Hourly rates for new employees added to the project, after the execution of original 10-H shall not exceed (or shall be in line with) the rates of similar personnel with similar experience listed on this 10-H Form.

Actual Fully Loaded Hourly Rate for Reference Only: Rate is for reference purposes during negotiations. This field is autocalculated. [Actual Base Hourly Rate Paid to Employee + (Actual Base Hourly Rate Paid to Employee x Combined %)] = A A x Profit % = B

15. Approved Flat Hourly Billing Rate: Approved Flat Hourly Billing Rate shall generally equal the Actual Fully Loaded Hourly Rate

16. Other Direct Costs (ODC's): Enter in a description of the ODC's to be reimbursed. No mark-up shall be applied to ODC's. except where Actual Fully Loaded Hourly Rate exceeds reasonable market costs for such work as determined by CITY. The Approved Flat Hourly Billing Rate may differ from the Actual Fully Loaded Rate if CITY Project Manager assigns a fair and reasonable flat hourly billing rate for select employees. The Approved Flat Hourly Billing Rate shall be all-inclusive, including all mark-ups, fringe, overhead and profit.

See Guidelines below.

Other Direct Costs (ODCs) may only include those items not covered in indirect costs and must list specific items at cost. All ODCs need to be itemized in the 10-H form and be compliant with Federal Acquisition Regulation (FAR). Receipts or other appropriate documentation must be provided for reimbursement of ODC items and no mark-up is permitted.

Ineligible ODCs
Use of in house equipment (e.g., computers, phones, printers), office supplies, copies, and other items generally associated with doing business should not be included in ODCs. Food items and travel to and from the employees’ home to the office are not allowable ODCs.

GUIDELINES – OTHER DIRECT COSTS
Description Rate
Printing/Reproduction (outside vendor only) At Cost
Permits/Fees At Cost
Lab Analyses/Test (list specifics) Per Test
Cost
Equipment (list specifics) At cost/
lease rate
Field Equipment/Supplies (outside vendor)*** At cost
Shipping/Postage At cost
Travel
Mileage from an employee’s home to the office is not reimbursable. Mileage from the office to the work site or off-site meetings may be allowable if approved by the City’s Project Manager and only if the consultant is traveling from out of the area.

If required for the project, all hotel costs and air fare must be within Caltrans rate (i.e., at lowest available airfare, reasonable hotel rate for area). All travel must be pre-approved by the City’s Project Manager.

Estimating ODCs
Any ODCs need to be itemized with a not-to exceed total for each item. If an ODC item is not listed, it will not be reimbursable under the contract. Please consider the total costs for each individual item to determine if it warrants individual tracking and invoicing or whether it should more efficiently be absorbed within overhead costs.

Potential ODCs. (These are examples only; they may not be appropriate in each individual case):
*Units: Include if here is a relevant per-unit cost (e.g., $40 per traffic count location)

DKS MARK THOMAS TOTAL
Task 1 - Existing Conditions Analysis
Bi-weekly Meetings $ 4,830.65 $ - $ 4,830.65
Monthly Progress Reports and Invoices $ 999.90 $ - $ 999.90 Meeting Agendas and Summary $ 469.16 $ - $ 469.16
Technical Advisory Committee (TAC) Meetings $ 1,572.60 $ - $ 1,572.60 Existing Operations Analysis $ 16,664.08 $ - $ 16,664.08 Base Mapping $ 8,428.44 $ - $ 8,428.44
Collision Analysis $ 6,621.83 $ - $ 6,621.83
Currently Progammed/Planned Projects $ 3,836.80 $ - $ 3,836.80 Transit Operations $ 5,620.30 $ - $ 5,620.30
Existing Conditions Analysis Report $ 11,225.56 $ - $ 11,225.56 Task 1 Subtotal $ 60,269.33 $ - $ 60,269.33
Task 2 - Alternatives Analysis
Bi-weekly Meetings $ 3,628.15 $ - $ 3,628.15
Monthly Progress Reports and Invoices $ 1,469.06 $ 5,389.84 $ 6,858.90 Meeting Agendas and Summary $ 469.16 $ - $ 469.16
Technical Advisory Committee (TAC) Meetings $ 469.16 $ - $ 469.16 Purpose and Need Statement $ 3,289.47 $ - $ 3,289.47
Evaluation Criteria $ 7,022.98 $ - $ 7,022.98
Improvement Design Concepts $ 12,361.57 $ 29,226.85 $ 41,588.42 Educational Materials $ 9,974.26 $ - $ 9,974.26
Comparative Analysis of Conceptual Plans $ 20,245.48 $ - $ 20,245.48 Model Impacts of Preferred Design Concepts $ 13,888.48 $ 3,355.48 $ 17,243.95 Planning Level Cost Estimates $ 2,626.31 $ 8,064.54 $ 10,690.85 Identify Potential Funding Sources $ 5,473.60 $ - $ 5,473.60 Alternatives Analysis Refinement $ 7,171.35 $ - $ 7,171.35 Task 2 Subtotal $ 88,089.02 $ 46,036.70 $ 134,125.72
Task 3 - Community Listening and Engagement
Bi-weekly Meetings $ 2,485.30 $ - $ 2,485.30
Monthly Progress Reports and Invoices $ 4,938.79 $ - $ 4,938.79 Meeting Agendas and Summary $ 469.16 $ - $ 469.16
Technical Advisory Committee (TAC) Meetings $ 1,625.73 $ - $ 1,625.73 Community Engagement Plan $ 3,236.87 $ - $ 3,236.87
Community Advisory Committee (CAC) Meetings $ 2,204.02 $ - $ 2,204.02 Develop Outreach Materials $ 9,657.74 $ - $ 9,657.74
Perform Outreach Events (In-Person and Virtual) $ 14,734.88 $ - $ 14,734.88 Maintain/Manage Digital Engagement Tools $ 9,652.38 $ - $ 9,652.38 Translation $ 7,361.94 $ - $ 7,361.94
Task 3 Subtotal $ 56,366.79 $ - $ 56,366.79
Task 4 - Draft and Final Plan
Bi-weekly Meetings $ 3,086.16 $ - $ 3,086.16
Monthly Progress Reports and Invoices $ 999.90 $ - $ 999.90 Meeting Agendas and Summary $ 469.16 $ - $ 469.16
Technical Advisory Committee (TAC) Meetings $ 469.16 $ - $ 469.16 Administrative Draft Plan $ 31,095.35 $ - $ 31,095.35
Public Draft Plan $ 14,525.75 $ - $ 14,525.75
Final Plan $ 6,826.53 $ - $ 6,826.53
Task 4 Subtotal $ 57,472.01 $ - $ 57,472.01
Total - Labor $ 262,197.15 $ 46,036.70 $ 308,233.85
Other Direct Costs
$ 2,456.00 $ 2,456.00
$ -
ODC Subtotal $ 2,456.00 $ 2,456.00
Grand Total $ 264,653.15 $ 46,036.70 $ 310,689.85
OVERALL COST PROPOSAL - Howe Avenue Transportation & Vision Zero Plan Staff Name and or Classification Jim Damkowitch Josh Pilachowski Kendall Flint Ross Ainsworth Daniel Block David Tokarski Transportation Planner/Engineer Associate Transportation Planner/Engineer Assistant Transportation Planner/Engineer Analyst Senior Outreach/Creative Services Outreach/ Creative Services Graphics/ Design Project Administrator Hours Subtotal Labor Costs OH + Fringe 183.13% Profit 10% Total Cost Actual Base Hourly Rate $ 101.83 $ 75.32 $ 92.84 $ 73.85 $ 73.85 $ 72.51 $ 62.50 $ 50.11 $ 43.88 $ 38.82 $ 63.51 $ 37.91 $ 32.91 $ 28.40 Task 1 - Existing Conditions Analysis Bi-weekly Meetings Hours 1 12 4 4 21 $ 1,551.05 $ 2,840.45 $ 439.15 $ 4,830.65 Monthly Progress Reports and Invoices Hours 2 6 8 $ 321.06 $ 587.95 $ 90.90 $ 999.90 Meeting Agendas and Summary Hours 2 2 $ 150.64 $ 275.87 $ 42.65 $ 469.16 Technical Advisory Committee (TAC) Meetings Hours 2 4 6 $ 504.94 $ 924.70 $ 142.96 $ 1,572.60 Existing Operations Analysis Hours 2 8 16 16 16 24 82 $ 5,350.60 $ 9,798.56 $ 1,514.92 $ 16,664.08 Base Mapping Hours 8 8 4 16 16 52 $ 2,706.26 $ 4,955.97 $ 766.22 $ 8,428.44 Collision Analysis Hours 8 4 16 16 44 $ 2,126.18 $ 3,893.67 $ 601.98 $ 6,621.83 Currently Progammed/Planned Projects Hours 2 4 4 12 22 $ 1,231.94 $ 2,256.06 $ 348.80 $ 3,836.80 Transit Operations Hours 8 8 16 32 $ 1,804.60 $ 3,304.76 $ 510.94 $ 5,620.30 Existing Conditions Analysis Report Hours 2 8 8 8 32 8 66 $ 3,604.37 $ 6,600.69 $ 1,020.51 $ 11,225.56 Task 1 Subtotal 9 64 0 0 28 24 36 36 92 32 0 8 0 6 335 $ 19,351.64 $ 35,438.66 $ 5,479.03 $ 60,269.33 Task 2 - Alternatives Analysis Bi-weekly Meetings Hours 1 6 4 4 2 17 $ 1,164.95 $ 2,133.37 $ 329.83 $ 3,628.15 Monthly Progress Reports and Invoices Hours 4 6 10 $ 471.70 $ 863.82 $ 133.55 $ 1,469.06 Meeting Agendas and Summary Hours 2 2 $ 150.64 $ 275.87 $ 42.65 $ 469.16 Technical Advisory Committee (TAC) Meetings Hours 2 2 $ 150.64 $ 275.87 $ 42.65 $ 469.16 Purpose and Need Statement Hours 2 8 4 14 $ 1,056.20 $ 1,934.23 $ 299.04 $ 3,289.47 Evaluation Criteria Hours 6 8 4 2 4 8 32 $ 2,254.98 $ 4,129.54 $ 638.45 $ 7,022.98 Improvement Design Concepts Hours 2 4 24 8 12 8 58 $ 3,969.13 $ 7,268.66 $ 1,123.78 $ 12,361.57 Educational Materials Hours 8 16 8 16 48 $ 3,202.60 $ 5,864.91 $ 906.75 $ 9,974.26 Comparative Analysis of Conceptual Plans Hours 2 12 12 12 12 18 24 24 116 $ 6,500.54 $ 11,904.44 $ 1,840.50 $ 20,245.48 Model Impacts of Preferred Design Concepts Hours 2 8 8 24 4 16 62 $ 4,459.40 $ 8,166.49 $ 1,262.59 $ 13,888.48 Planning Level Cost Estimates Hours 1 2 8 11 $ 843.27 $ 1,544.28 $ 238.76 $ 2,626.31 Identify Potential Funding Sources Hours 1 8 24 33 $ 1,757.50 $ 3,218.51 $ 497.60 $ 5,473.60 Alternatives Analysis Refinement Hours 2 4 4 4 4 6 8 8 40 $ 2,302.62 $ 4,216.79 $ 651.94 $ 7,171.35 Task 2 Subtotal 19 76 16 40 56 22 56 24 72 32 8 16 2 6 445 $ 28,284.16 $ 51,796.77 $ 8,008.09 $ 88,089.02 Task 3 - Community Listening and Engagement Bi-weekly Meetings Hours 1 4 12 17 $ 797.99 $ 1,461.37 $ 225.94 $ 2,485.30 Monthly Progress Reports and Invoices Hours 4 12 6 22 $ 1,585.78 $ 2,904.03 $ 448.98 $ 4,938.79 Meeting Agendas and Summary Hours 2 2 $ 150.64 $ 275.87 $ 42.65 $ 469.16 Technical Advisory Committee (TAC) Meetings Hours 2 4 6 $ 522.00 $ 955.94 $ 147.79 $ 1,625.73 Community Engagement Plan Hours 2 4 4 8 18 $ 1,039.31 $ 1,903.30 $ 294.26 $ 3,236.87 Community Advisory Committee (CAC) Meetings Hours 2 6 8 $ 707.68 $ 1,295.97 $ 200.37 $ 2,204.02 Develop Outreach Materials Hours 2 8 8 24 24 66 $ 3,100.96 $ 5,678.80 $ 877.98 $ 9,657.74 Perform Outreach Events (In-Person and Virtual) Hours 16 24 8 24 72 $ 4,731.16 $ 8,664.18 $ 1,339.53 $ 14,734.88 Maintain/Manage Digital Engagement Tools Hours 8 12 40 60 $ 3,099.24 $ 5,675.65 $ 877.49 $ 9,652.38 Translation Hours 4 24 24 52 $ 2,363.82 $ 4,328.86 $ 669.27 $ 7,361.94 Task 3 Subtotal 1 34 70 0 0 0 0 36 40 0 20 24 92 6 323 $ 18,098.59 $ 33,143.95 $ 5,124.25 $ 56,366.79 Task 4 - Draft and Final Plan Bi-weekly Meetings Hours 1 6 4 2 13 $ 990.92 $ 1,814.68 $ 280.56 $ 3,086.16 Monthly Progress Reports and Invoices Hours 2 6 8 $ 321.06 $ 587.95 $ 90.90 $ 999.90 Meeting Agendas and Summary Hours 2 2 $ 150.64 $ 275.87 $ 42.65 $ 469.16 Technical Advisory Committee (TAC) Meetings Hours 2 2 $ 150.64 $ 275.87 $ 42.65 $ 469.16 Administrative Draft Plan Hours 4 16 4 4 16 4 16 16 40 40 4 16 8 188 $ 9,984.28 $ 18,284.22 $ 2,826.85 $ 31,095.35 Public Draft Plan Hours 2 12 4 4 4 24 24 2 4 8 10 98 $ 4,664.01 $ 8,541.21 $ 1,320.52 $ 14,525.75 Final Plan Hours 1 8 8 8 2 4 8 10 49 $ 2,191.90 $ 4,014.03 $ 620.59 $ 6,826.53 Task 4 Subtotal 8 48 8 4 20 4 20 20 72 72 8 24 26 26 360 $ 18,453.46 $ 33,793.82 $ 5,224.73 $ 57,472.01 Total 37 222 94 44 104 50 112 116 276 136 36 72 120 44 1463 $ 84,187.84 $154,173.20 $ 23,836.10 $ 262,197.15 Other Direct Costs Travel $ 1,000.00 Banners (Outreach) $ 840.00 Project Business Cards (Outreach) $ 200.00 Flyers (Outreach) $ 216.00 Website (Outreach) $ 200.00 ODC Subtotal 0 0 0 0 0 0 0 $ - $ - $ - $ 2,456.00 Grand Total $ 264,653.15 Howe Avenue Transportation & Vision Zero Plan DKS Associates Staff Name and or Classification A. Silva C. Mejia S. Straub J. Plant D. Kumar Hours Subtotal Labor Costs OH + Fringe 150.66% Profit 10% Total Cost Actual Base Hourly Rate $ 97.09 $ 55.03 $ 41.40 $ 45.84 $ 42.10 Task 2 - Alternatives Analysis Bi-weekly Meetings Hours 0 $ - $ - $ - $ - Monthly Progress Reports and Invoices Hours 16 6 3 25 $ 1,954.78 $ 2,945.07 $ 489.99 $ 5,389.84 Meeting Agendas and Summary Hours 0 $ - $ - $ - $ - Technical Advisory Committee (TAC) Meetings Hours 0 $ - $ - $ - $ - Purpose and Need Statement Hours 0 $ - $ - $ - $ - Evaluation Criteria Hours 0 $ - $ - $ - $ - Improvement Design Concepts Hours 24 60 120 204 $ 10,599.96 $ 15,969.90 $ 2,656.99 $ 29,226.85 Educational Materials Hours 0 $ - $ - $ - $ - Comparative Analysis of Conceptual Plans Hours 0 $ - $ - $ - $ - Model Impacts of Preferred Design Concepts Hours 8 8 16 $ 1,216.96 $ 1,833.47 $ 305.04 $ 3,355.48 Planning Level Cost Estimates Hours 4 16 40 60 $ 2,924.84 $ 4,406.56 $ 733.14 $ 8,064.54 Identify Potential Funding Sources Hours 0 $ - $ - $ - $ - Alternatives Analysis Refinement Hours 0 $ - $ - $ - $ - Task 2 Subtotal 52 84 160 6 3 305 $ 16,696.54 $ 25,155.01 $ 4,185.15 $ 46,036.70 Total 52 84 160 6 3 305 $ 16,696.54 $ 25,155.01 $ 4,185.15 $ 46,036.70 ODC Subtotal 0 $ - $ - $ - $ - Grand Total $ 46,036.70 Howe Avenue Transportation & Vision Zero Plan Mark Thomas DKS Associates Date:

X Project Name:

Project #:

Fringe Benefit % + *Overhead % = Combined %

81.98% 101.15% 183.13%
Profit %: 10.00%
Key Staff
Prevailing
Wage Classification Name
Actual Base Hourly Rate Paid to Employee For
Reference Only
(Does not Include
any Fringe or OH)
Actual Fully
Loaded Hourly Rate For Reference Only
(Includes Fringe,
OH & Profit)
Approved Flat
Hourly Billing Rate X Principal Jim Damkowitch $101.83 $317.14 $317.14 X Project Manager Josh Pilachowski $75.32 $234.58 $234.58 X Regional Director of Community Engagement Kendall Flint $92.84 $289.14 # $289.14 X Senior Transportation Planner/Engineer Ross Ainsworth $73.85 $230.00 $230.00 X Senior Transportation Planner/Engineer Daniel Block $73.85 $230.00 $230.00 X Senior Transportation Planner/Engineer David Tokarski $72.51 $225.83 $225.83 Transportation Planner/Engineer $62.50 $194.64 $194.64
Associate Transportation Planner/Engineer $50.11 $156.07 $156.07 Assistant Transportation Planner/Engineer $43.88 $136.66 $136.66 Analyst $38.82 $120.90 $120.90
Senior Outreach/Creative Services $63.51 $197.81 $197.81 Outreach/Creative Services $37.91 $118.05 $118.05
Graphics/Design $32.91 $102.49 $102.49
Project Administrator $28.40 $88.46 $88.46
Description Rate Total Travel At cost 1,000.00 $
Banners (Outreach) $280/ea 840.00 $
Project Business Cards (Outreach) $200/500 cards 200.00 $ Flyers (Outreach) $72/48 flyers 216.00 $
Website (Outreach) $200/ea 200.00 $
$ - $ - TOTAL 2,456.00 $
CITY OF SACRAMENTO 10-H FORM
Howe Avenue Transportation & Vision Zero Plan
T15180417
CONTRACTOR Name:

Original
2/26/2024
Approved with Supplement # (type Original if it is the Original):

By signing here, you agree to the terms above, and attest that all information is accurate and true. (type/print name here)

1. List all Professional and Supervisory staff by Classification and Name. For staff not listed by name but by classification only, a current payroll document identifying their actual base hourly rate shall be provided with every invoice where an unlisted staff bills time. The approved flat hourly billing rates for all employees will be calculated and reimbursed based on their actual base hourly rates per the date noted above unless CITY Project Manager assigns a fair and reasonable flat hourly billing rate for selected employees. For staff not listed by name but by classification only, the reimbursement will not exceed the approved flat hourly billing rate for that classification. Approved flat hourly billing rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel with similar experience listed on this cost proposal. The approved flat hourly billing rate shall be all-inclusive, including all mark-ups, fringe, and overhead expenses and profit.

2. Key Staff shall be determined by CITY Project Manager. (i.e., named Project Manager, a specific Principal Engineer, a specific Structural Engineer, etc. Note Key staff with an "X" in the Key Staff column.

3. The employees' actual base hourly rates used to negotiate the flat hourly billing rates in this 10-H Form are the rates that were effective per the date noted above. Addition of new staff, new classifications, or addition of a SUBCONTRACTOR not previously listed on the approved 10-H Form(s) shall require written approval from the CITY. No work shall commence until the approval is provided by the CITY. New staff shall be paid at the same or lower approved flat hourly billing rate of the previously approved or similar classification.

In addition, if the substitution involves Key Staff, CONTRACTOR must request and justify the need for the substitution and obtain approval from CITY Project Manager. Substituted Key Staff shall be as qualified as the original.

4. Approved flat hourly billing rates include all standard equipment including laptop, camera, cell phone, truck, standard personal safety equipment. CITY Project Manager shall approve any other direct costs.

5. Note employees/classifications that are subject to prevailing wage requirements with an "X" in the Prevailing Wage column. Prevailing Wage specified is based on current Department of Industrial Relations (DIR) determination. CONTRACTOR shall be responsible for any future adjustments to the prevailing wage, including but not limited to, base hourly rates and employer payments as determined by the DIR. CONTRACTOR is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. CONTRACTOR shall be reimbursed at the above listed approved flat hourly billing rates.

6. Overtime may be reimbursed to classifications where it is required by their union contracts (Prevailing Wage classifications). Overtime will not be charged unless prior written approval is received by CITY Project Manager. CITY shall pay CONTRACTOR at the approved overtime rates noted above. CONTRACTOR shall pay prevailing wage employees per prevailing wage guidelines.

7. Local transportation costs resulting from commuting to and from the employee's residence to the office or job site are not reimbursable.

8. The Project will not reimburse CONTRACTOR for costs to relocate its staff to the geographic area of the contract. The Project will not reimburse CONTRACTOR for any per diem.

9. ODC items are to be in compliance with Code of Federal Regulations, Title 48 Part 31 [Federal Acquisition Regulations (FAR) cost principles] and the firm's company-wide allocation policies and charging practices with all clients including federal government, state government, local agencies and private clients. CONTRACTOR/SUBCONTRACTOR'S AUTHORIZED PERSON SIGNATURE A x Profit % = B A + B = Actual Fully Loaded Hourly Rate [Actual Base Hourly Rate Paid to Employee + (Actual Base Hourly Rate Paid to Employee x Combined %)] = A Check one: Sub Prime CONSULTANT Name: Mark Thomas Date:

X Sub Project Name: 2nd Tier Sub Project #:

Fringe Benefit % + *Overhead % Combined %

95.61% 55.05% 0.00% 150.66%
Fixed Fee (Profit) %: 10.00%
Key Staff
Prevailing
Wage Classification Name
Actual Base Hourly Rate Paid to Employee For
Reference Only
(Does not Include
any Fringe, OH, or
G&A)
Actual Fully
Loaded Hourly Rate For Reference Only
(Includes Fringe,
OH, G&A & Fixed
Fee)
Principal Matt Brogan $174.42 $480.92
X Sr. Project Manager Aaron Silva $97.09 $267.70
Project Manager Matt Magaw $66.73 # $183.99
Project Manager Jonathan Hernandez $66.73 $183.99
Project Accountant Manager Cindy Stevens $61.94 $170.78 Project Accountant Daveena Kumar $42.10 $116.08
Sr. Project Coordinator Jazmina Plant $45.84 $126.39
Project Coordinator Jamie Gerow $44.10 $121.60
Design Engineer II Serena Straub $41.40 $114.15
Design Engineer II Jameela Flordeliz $41.40 $114.15
Design Engineer I Raiyan Shadid Ahmed $33.25 $91.68
Sr. Graphic Manager Deanna Gibson $62.29 $171.75
Design Engineer II Tyler Miyata $39.50 $108.91
Intern $30.00 $82.72
Civil Engineering Designer Erik Chin $46.50 $128.21
Project Engineer Carlos Rodriguez Mejia $55.03 $151.73
Design Engineer I Juan Zermeno $37.04 $102.13
Design Engineer I Angel Pham $35.31 $97.36
Design Engineer II Faizah Saif $39.50 $108.91
Technician Viridiana Dominguez $29.49 $81.31
Design Engineer II Zach DeWilde $41.82 $115.31
Sr. Graphic Designer Megan Coletti $42.91 $118.31
Sr. Graphic Designer Richard Spitz $43.06 $118.73
Sr. Graphic Designer Ryan Doran $40.46 $111.56
Sr. Graphic Designer Omar Pacheco $50.00 $137.86
Technician $42.50 $117.18
Design Engineer I $48.00 $132.35
Design Engineer II $58.00 $159.92
Sr. Technician $58.00 $159.92
Civil Engineering Designer $66.00 $181.98
Project Engineer $61.00 $168.19
Sr. Project Engineer $70.00 $193.01
Sr. Technical Engineer $104.00 $286.76
Project Manager $83.00 $228.85
Technical Lead $83.00 $228.85
Sr. Project Manager $104.00 $286.76
Sr. Techical Lead $104.00 $286.76
Engineering Manager $111.00 $306.06
Design Manager $115.00 $317.08
Sr. Engineering Manager $145.00 $399.80
Principal $150.00 $413.59

TOTAL BUDGET AMOUNTS
$ - $ - $ - $ - $ - $ - Description Rate Total $ - $ - TOTAL - $ GRAND TOTAL: $ 46,058.87
CITY OF SACRAMENTO 10-H FORM
Howe Avenue Transportation & Vision Zero Plan
T15180417
Approved with Supplement # (type Original if it is the Original):

COST PLUS FIXED FEE
Original
5/3/2024 Estimated ODC Budgets Shall Be Included in Cost Proposal. + Gen & Admin % SUB CONSULTANTSSUB CONSULTANT NAME Other Direct Costs (ODC) Items and Rates A x Profit % = B A + B = Actual Fully Loaded Hourly Rate [Actual Base Hourly Rate Paid to Employee + (Actual Base Hourly Rate Paid to Employee x Combined %)] = A SUB CONSULTANTS GRAND TOTAL:

Version: JANUARY 4, 2022
Page1 of 2
Check one: Sub Prime CONSULTANT Name: Mark Thomas Date:

X Sub Project Name: 2nd Tier Sub Project #:

Fringe Benefit % + *Overhead % Combined %

Zach Siviglia / President

7. Local transportation costs resulting from commuting to and from the employee's residence to the office or job site are not reimbursable.

8. The Project will not reimburse CONTRACTOR for costs to relocate its staff to the geographic area of the contract. The Project will not reimburse CONTRACTOR for any per diem.

9. ODC items are to be in compliance with Code of Federal Regulations, Title 48 Part 31 [Federal Acquisition Regulations (FAR) cost principles] and the firm's id ll ti li i d h i ti ith ll li t i l di f d l t t t t l l i d i t li t CONTRACTOR/SUBCONTRACTOR'S AUTHORIZED PERSON SIGNATURE Version: JANUARY 4, 2022
Page2 of 2

PSA Signature Page – Approved by CAO 11-1-2019
Executed as of the day and year first above stated.

CITY OF SACRAMENTO
A Municipal Corporation
By: _____
Print name:

Title:

For: Howard Chan, City Manager
ATTEST: ______ City Clerk
APPROVED AS TO FORM: ______ City Attorney
Attachments
Exhibit A Scope of Work
Exhibit B Payment
Exhibit C Insurance
Exhibit D General Conditions
Exhibit E Additional Requirements for Surveying, Material Testing, and Inspection Services PSA Signature Page – Approved by CAO 11-1-2019
CONTRACTOR: ______________________________________ NAME OF FIRM ______________________________________ Federal I.D. No. ______________________________________ State I.D. No. ______________________________________ City of Sacramento Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation (may require 2 signatures)
_____ Limited Liability Company
_____ Other (please specify: ______________) ______________________________________ Signature of Authorized Person ______________________________________ Print Name and Title ______________________________________ Additional Signature (if required) ______________________________________ Print Name and Title 74115
DKS Associates
94-2583153
X
N/A
N/A

Sacramento City CouncilJune 18, 2024

Sacramento City Council
June 18, 2024