City Council and Concurrent Authorities
June 18, 2024

Professional Services Contract – R.E.Y. ENGINEERS, INC. – PROJECT NO. WT19013/ATPSB1L5008(187) (Updated 10/18/23)
INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

4. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit C, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on September 30, 2028, unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used and City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

5. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial

Professional Services Contract – R.E.Y. ENGINEERS, INC. – PROJECT NO. WT19013/ATPSB1L5008(187) (Updated 10/18/23)
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit F). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=L AB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at

Professional Services Contract – R.E.Y. ENGINEERS, INC. – PROJECT NO. WT19013/ATPSB1L5008(187) (Updated 10/18/23)
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by Consultant, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS The Consultant to whom the contract is awarded shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. APPENDIX E OF THE TITLE VI ASSURANCES

Professional Services Contract – R.E.Y. ENGINEERS, INC. – PROJECT NO. WT19013/ATPSB1L5008(187) (Updated 10/18/23)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the Appendix E of the Title VI Assurances attached as Exhibit G.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

6. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.

7. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

8. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential.

Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

9. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by

Professional Services Contract – R.E.Y. ENGINEERS, INC. – PROJECT NO. WT19013/ATPSB1L5008(187) (Updated 10/18/23)
Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.

10. TERMINATION. The City may terminate this Contract upon thirty (30) calendar days written notice to Consultant with the reason for termination stated in the notice. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

11. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant. The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
a. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and
employment tax purposes for all of Consultant’s personnel. ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

12. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing.

Consultant shall be solely responsible for reimbursing subcontractors.

Professional Services Contract – R.E.Y. ENGINEERS, INC. – PROJECT NO. WT19013/ATPSB1L5008(187) (Updated 10/18/23)

13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: R.E.Y. Engineers, Inc. To City: Public Works Director 905 Sutter Street City of Stockton
Suite 200 22 E. Weber Ave., Rm. 301
Folsom, CA 95630 Stockton, CA 95202

15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

16. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.

Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract.

Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

17. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

18. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

Professional Services Contract – R.E.Y. ENGINEERS, INC. – PROJECT NO. WT19013/ATPSB1L5008(187) (Updated 10/18/23)

19. WAIVER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

21. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.

22. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

23. FEDERAL PROVISIONS. Consultant shall comply with the Federal Aid Consultant Contract Provisions which are attached hereto as Exhibit “E” and incorporated herein by this reference.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant. //
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ATTACHMENT B 308
Project No. WT19013/Federal Project No. ATPSB1L-5008(187) | Proposal for the S a f e R o u t e s t o S c h o o l S i d e w a l k G a p C l o s u r e P A G E 6
Project Understanding and Approach

PROJECT UNDERSTANDING
The City of Stockton’s Safe Routes to School Sidewalk Gap Closure project aims to construct and repair pedestrian and vehicular roadway improvements to provide improved connectivity and safety for non-motorized modes of transportation at five school sites.

The locations of the work are at and/or near Fillmore Elementary School, Victory Elementary School, Delta Sierra Middle School, Montezuma Elementary School, and Jane Frederick High School, and the extents of work at each location are identified in Attachment A – Vicinity Map included in the City’s RFP package. Targeted improvements will be engineered and presented in Plans, Specifications, and Estimate (PS&E) documents, and will include new curb, gutter, and sidewalk, repairs of deficient or non-existing curb ramps, new crosswalks and traffic control markings, new asphalt roadways, conforms to private improvements at the right-of-way edge, and improvements to drainage in the post-construction condition.

This project is funded in part by Federal and State grants, including funds awarded from the State’s Active Transportation Program (ATP). As part of the City’s efforts to apply for and win ATP funds, R.E.Y. worked with the City to prepare an application form for the ATP Cycle 4 grants. Our role in this grant application project included site reconnaissance to investigate existing conditions, public outreach for the communities surrounding each of the five school sites, the development of conceptual plans showing specific roadway and sidewalk improvements at each location, and cost estimates for use in developing the amount of the funding request.

The City has proposed an expedited schedule for the delivery of the project design, starting with approval of the design project from City Council in July 2024, and the delivery of the completed plans, specifications, and estimates by November 2024.

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PROJECT APPROACH
R.E.Y.’s approach to the successful delivery of this project is guided by our collaborative effort with the City on the ATP application, the identification of key project challenges in the design of the planned improvements, and our detailed
proposals to address these challenges and provide timely and complete construction documents.

Challenge 1: Schedule
Although the design portion of this project is scheduled to last five months, periods of time needed to review record documentation, survey information on utility conflicts, and incorporate City plan checks will constrain the design
production period to occur in about 14 weeks. While this is a compressed period, R.E.Y. has come up with an approach
that will allow us to deliver our project to not only meet the City’s stated deadline for completion but will comply with the ATP’s rules for having the project ready for construction and will allow the City to receive ATP funds for construction of the proposed improvements.

Our review of the work we have done to date and the team we have developed for this project means that R.E.Y. is in the best position to succeed in the timely delivery of this project, as proven by the following accomplishments and team developments:

1. We participated in the ATP grant
application process for this project.

R.E.Y. prepared plans and estimates for the planned
improvements at each of the school sites, based on the goals of the ATP program, observations of the existing conditions, and selections of design solutions for each of the barriers to safety and accessibility. We also assisted in the selection of schools to include in the Safe Routes to School Project, drafted support letters, prepared application forms, and support letters and additional background information into the ATP application. R.E.Y. already has internal knowledge of the development of the project, the goals of this program, and the needs of the City in mind.

2. We have an engineering head start.

The plans from the grant application and our company’s
developed experiences from that phase of work will be a good continuation point from which we can prepare more
detailed construction documents. The advantage of having worked on the initial phase of the project allows us to spend more time on the technical details of the design, including accessibility of the new safe routes to school, and ensuring proper conforms and positive surface drainage at the right of way. It also means we are more likely to finish the design phase of the project on time.

3. We have experience delivering
Safe Routes to School and ATP projects.

R.E.Y. has delivered many design projects associated with federal and state funding mechanisms, including the Safe Routes to School program, Active Transportation Program, and Highway Safety Improvement Program. Across the state, R.E.Y. has provided engineering services on 17
bicycle/pedestrian facilities with Federal or State funding in the past 5 years. We are knowledgeable of both the Caltrans Local Assistance Programs Guidelines (LAPG) and
Local Assistance Procedures Manual (LAPM) publications.

Several examples of our work from our previous projects are presented in this proposal.

SCHEDULE PLAN
Our strategy to perform the work on-schedule for this project is to keep as many components of our team as active as
possible throughout the design period, with a minimization of down time. When we receive City Council approval of the project and our contract is executed, we will schedule a kick-off meeting with the City as soon as possible so that we EXHIBIT A Page 11 of 61 ATTACHMENT B 310
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can discuss initial tasks and coordination items, identify record documents to review during our research period, and prepare notifications as needed for initial public outreach.

We will also schedule a kickoff meeting with our
subconsultants right after the City’s kickoff meeting, to shorten lead times for their work.

While project research, any required supplemental
topographic surveys, and other preliminary tasks are being conducted, we can move forward with engineering work that does not involve base maps or completed surveys. When we receive the City’s standard border for plans, we can develop sheets that include City general notes and City-standard details. From review of the schematic plans on the grant application, we can identify construction materials required and start work on the specifications.

The ATP application has plans with a well-defined project scope for each of the five locations, and a cost estimate that is the basis of the state funding request. Therefore, once we get to the 65% PS&E milestone, we do not expect to see a substantial change in the project design or the areal scope of the project. While the City reviews our 65% PS&E submittal, R.E.Y. will concurrently move forward with the technical work needed to advance the plans to the 100% level. This will add much-needed design time to our schedule. Any comments
on the 65% submittal by the City will be incorporated into the plans as we move forward toward the 100% PS&E submittal.

R.E.Y. is committed to completing the project design by November 2024. We have included a project schedule that includes time periods for each task on the project, as well as periods for City review of PS&E packages. Our project
includes a 2-week buffer period between the submittal of 100% PS&Es and the end of the month of November, to
provide time for last-second changes or additional City comments, and to provide a means for the project to remain in compliance with Timely Use of Funds rules and deadlines.

Challenge 2: Control Costs by
Managing the Details
Adherence to project budgets is critical to success. Often a grant application is written years before a project is
implemented and construction costs have inevitably
increased, or project conditions have changed because of other recently completed projects. Early in the design phase, we will update the project cost estimates by applying current costs to the estimates developed in the ATP application, as part of an overall funding analysis to determine funding from all available sources is adequate. If it is found that the budget is insufficient, our team will discuss the shortcoming with the City and present options to advance a project that can be constructed within the budget. We will also discuss project priorities with the City to determine bid alternates as well as project phasing to deliver projects that fit the budget.

As the development of PS&E moves forward, design activities will be closely managed as an effort to maintain the project budget levels. Plans will be reviewed frequently to ensure compliance with the construction scope of work as shown on the ATP application documents, or as modified with
agreed-upon budgetary design changes. Options for detailed design solutions developed in the plans will be analyzed with project costs as a primary driver, so that expensive solutions such as new storm drain laterals or traffic signal pole relocations can be avoided as much as possible.

Many new and repaired sidewalk facilities are being
constructed in the built environment, in close proximity or adjacent to existing public and private improvements.

This requires a detailed yet efficient technical approach in our design process. Our approach to designing improvements to existing facilities is simple, design from the outside in.

Far too often designers focus on the new design elements within the project and spend little time evaluating how they will tie-in to the existing components along the boundary of the proposed improvements. We have seen remarkable
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P A G E 9
value in giving conforming elements the appropriate
attention early in the design process, avoiding the rework necessary upon the realization that a proposed
improvement doesn’t fit later in the process. Because all the information needed to design these conforms is pre-existing, the more detail obtained on the existing project site and surrounding improvements, the better. The accuracy of this information dictates how well a design will fit in the field.

Many times, the importance of this information isn’t
recognized and designers have to rely on limited or
interpolated topographic information to create these tie-ins.

It is very important not to forget that the proposed
improvements must ultimately conform to the existing
improvements and that the boundary conditions can make
or break a rehabilitation project. R.E.Y. has honed their approach to designing improvements to existing facilities by creating a team with the experience relevant to this project and capabilities to provide detailed design correctly the first time to avoid rework. Through this experience, we have
developed several tactics to streamline the design process while minimizing conflicts and unforeseen circumstances during construction.

Another important detail to consider is compliance with Americans with Disabilities Act (ADA) guidelines, which must be achieved with the proposed improvements. Title II of the ADA requires that state and local governments ensure that persons with disabilities have access to the pedestrian routes in the public right of way. This project will design
improvements to achieve ADA compliance by correcting
deficiencies within the work area. ADA compliant sidewalks, driveways, and curb ramps will be designed using City
standard details. Enlarged plans at curb ramps will be provided to show spot grades, maximum-allowed slopes, and positive drainage in gutters to meet City, Caltrans, and ADA standards.

Challenge 3: Communication
For a project with an expedited timeline to reach final PS&E, not only will the design process need to be quick and
efficient, but the communications and decisions made
between R.E.Y, the City, and the project stakeholders will also require a high level of effort, timeliness, and completed documentation, so that a successful design can be delivered.

The following presents our strategies to organize the
involvement of R.E.Y., our subconsultants, the City and other local agencies, and affected schools, businesses, and
homeowners:

Project Management and Coordination
We believe that communication is the most important aspect of the services we provide and critical to the success of every project. As the main point of contact for the City,
Project Manager, Alex Heuer, PE, LEED AP, QSD/P will be directly responsible for project management and
coordination of all technical work to make sure that project issues and action items are addressed. Our team will also create and maintain an Action Item Log including action item descriptions and identify the responsible decision-maker and the date the decision was made, or action item resolved. The schedule and log will be provided to the City on a regular basis. We will document all project correspondence,
comments provided by the City, and R.E.Y. responses for inclusion in the project file.

Meetings
At project initiation, the Project Development Team (PDT) will conduct a kickoff meeting with participation of R.E.Y.’s Project Manager (PM), Alex Heuer, and representatives from the City. In this meeting, we will clarify City goals and objectives, confirm lines of communications, and review schedule and upcoming deliverables.

R.E.Y. and appropriate staff will meet with the City’s PM and other project stakeholders, as necessary, to coordinate managing and delivering this project. Primary purposes of the meetings are to keep the City informed of the status of the project work, review the current schedule, and to obtain timely decisions from the City. Meeting agenda will be
circulated prior to each meeting. Meeting minutes, including action items, will be prepared, and circulated to the team and attendees after the meeting is conducted.

Utility Coordination
At project initiation, and as illustrated below, R.E.Y. will request record documents of surveys, maps, and plans and review graphical representations of the existing utilities.

Based on the review of these plans, our site reconnaissance, the topographic survey CAD files received, and our ATP plan exhibits, we will develop Utility “A” letters and work with the City to send them to the utility agencies that have
infrastructure within and in the vicinity of proposed work.

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Using field survey data and the provided utility maps, we will prepare preliminary design drawings to identify conflicting utilities and serve as the plans for the Utility “B” Letters. Our team is prepared to assist the City through the utility process and any necessary utility relocations.

Minimize Disruptions to Schools
One of the project goals will be to minimize construction impacts during the academic school year, from the beginning of August to the end of May. R.E.Y. has successfully achieved this goal on numerous other projects that were adjacent to school facilities. If work should take place while school is in session or if the school hosts summer programs, the
construction documents will clarify allowable dates and times of day for construction activities so that school traffic conflicts can be minimized.

Meeting Caltrans LAPG and LAPM
Requirements
R.E.Y. is well versed in delivering projects with both State and Federal funding both on- and off-system. We have an
excellent relationship with District 10 Caltrans Local
Assistance staff, and our team can facilitate interactions with Caltrans throughout the final design phase. We are well acquainted with the timing of project approvals, including California Transportation Commission (CTC) allocation
requests and Caltrans requests for authorization to proceed (RFAs) and are ready and able to assist the City through those processes so projects are authorized to proceed with bidding and construction on time.

We are prepared to assist the City with completing and
processing the various Caltrans LAPM forms, including the utility relocation forms (Exhibit 14-C, 14-D, 14-E, 14-F, 14-I, as applicable) and Exhibit 13-A/B: Right of Way Certification, and RFA to Proceed with Right-of-Way and/or Construction.

In addition to our team having a thorough understanding of the LAPM, we are also intimately familiar with the Caltrans Local Assistance Programs Guidelines (LAPG), Highway Design Manual (HDM), California Manual on Uniform Traffic Control Devices (CAMUTCD), Project Development Procedures
Manual (PDPM), Traffic Manual, Storm Water Project
Planning & Design Guide, PS&E Guide, Contract Cost Data, and Standard Plans and Specifications.

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Detailed Work Plan

ASSUMPTIONS
• Utility Relocations will include adjustments to grade. • Right-of-Way acquisitions will not be necessary.
• Environmental technical studies have been provided by the City of Stockton. Additional environmental studies are not required. • Hazardous materials testing will not be required.
• Existing drainage systems are adequately sized, therefore hydrologic, hydraulic, or water quality studies are not required. • Treatment Control, low-impact development, or hydromodification methods for storm water management are not required. • Lighting design and photometric analysis due to street light pole relocation is not required. • Traffic signal design is limited to pedestrian push buttons on pedestals. Additional signal design is not included. • Potholing is not included.
• Geotechnical investigations and reports are not included. • Utility location services, including Ground Penetrating Radar, are not included.

SCOPE OF SERVICES

4.1 Background Research
R.E.Y. will conduct a field reconnaissance of the project area to observe the current site conditions. Since the design phase is occurring six years after the ATP application process, we will observe any changes in the site conditions since then and take these improvements into account in the development of PS&Es.

We will also research and review existing topographic mapping, right-of-way maps, “as-built” plans, record maps, surveys, assessor maps, review and verify the location and type of existing improvements, equipment, bus zone locations, intersection geometrics, posted speed limit signs, on-street parking, and bus route movements.

We assume that the City has already completed a topographic survey for all five project locations. R.E.Y. survey staff will verify the project survey control that was used for the existing topographic survey. R.E.Y. will review the extent and completeness of the topographic survey and using the existing project survey control, spot checks of the topographic data will be performed to verify accuracy.

4.2 Environmental Services
The City has secured CEQA and NEPA environmental clearances. Additional environmental studies, reports, or permit processing is not anticipated for this project.

4.3 Utility Coordination
R.E.Y. will manage the utility investigations for this project, following the LAPM utility coordination process. The first step in this process is to send Utility “A” letters to utility owners for inquiries on existing utilities. Based on the information contained in the topographic survey, site reconnaissance, and other information received from the City, we will prepare project limit maps as an exhibit to the letter. R.E.Y. will draft the Utility “A” letter texts and submit them to the City for placement on City letterhead. R.E.Y. will then submit the letters to the utility owners. From the maps received, the digital base files will be updated accordingly to reflect the horizontal location of the existing facilities. Any conflicts between utilities will be noted.

Following the 65% submittal to the City, R.E.Y. will prepare Utility “B” letters to send to affected utility owners. Two sets of the half-sized 65% plans will be included with each letter sent to each utility. The letter will request that utility owners verify any utility conflicts with proposed improvements and indicate whether any future utilities are proposed in the area that may require accommodation through the improved area. Information on existing utilities obtained as a result of the “B” letter will be used to determine potential utility conflicts and to resolve the conflicts identified. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.

Following the 100% PS&E submittal to the City, R.E.Y. will prepare Utility “C” letters to send to the affected utility owners. Two sets of the half-sized 100% plans will be included with each letter sent to each utility. The letter will indicate to the utility owners whether any changes have been made to the project plans since the Utility Letter “B” and will request written confirmation of utility EXHIBIT A Page 15 of 61 ATTACHMENT B 314
Project No. WT19013/Federal Project No. ATPSB1L-5008(187) | Proposal for the S a f e R o u t e s t o S c h o o l S i d e w a l k G a p C l o s u r e

P A G E 12
relocations and utility relocation schedule. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.

Throughout the utility coordination process, R.E.Y. will meet with affected utility companies as needed to review the utility conflicts in the field, confirm the proposed utility relocations, and coordinate on the utility’s schedule for the relocation work.

Deliverables: Utility “A”, “B”, and “C” Letters, and LAPM forms for utility relocations.

4.4 Plans, Specifications, and Estimates
R.E.Y. and its consultants will prepare and complete plans, specifications, and estimate documents. The plans will include the following sheets:
• Title Sheet
• Grading Enlargement Plans
• Notes and legend
• Utility Relocation Plans
• Typical sections
• Striping plans
• Horizontal Control Plans
• Staging and Erosion Control Plans
• Demolition Plans
• Details
• Plans and Profiles for curbs, gutters, and sidewalks, vehicular pavements, and storm drains
• Signal Modification Plans
The necessary improvements will be designed in accordance with the City of Stockton Standard Plans and Specifications, Caltrans Standard Specifications, the current California MUTCD, and American Disabilities Act (ADA) guidelines as appropriate.

The base map limits will be sufficient to cover all necessary improvements within the project area. The project is anticipated to use the existing curb-to-curb width. If improvements need to be designed that are a variance with the ADA, R.E.Y. will draft an internal memo for the project file and provide justifications.

PS&E documents will be submitted to the City for review at 65% and 100% completion stage. We will provide one set of full-size, 24”x36”, plans (PDF), one set of specifications (PDF, Word) and the engineer’s estimate (PDF/Excel) at each milestone submittal.

With each stage of review, the R.E.Y. will use Bluebeam software to review and incorporate comments and create a comment matrix to track all comments. A signed Quality Control Checklist will be provided before each submittal. Any comments not incorporated into the submittals will be tracked and justification provided in the comment matrix. We will provide the City electronic copies of the PS&E after the 100% comments have been incorporated as a final check prior to plotting the plans on mylars. We will also provide all correspondence and work products for City files.

Digital files will be prepared with Autodesk Civil 3D 2023.

The installation of crosswalks and curb ramps at signalized intersections will require minor adjustments to these signals so that pedestrian push buttons are in locations that are in conformance with ADA requirements. Locations include:

1. Intersection of N Filbert Street and Poplar Street: remove existing push buttons from the signals and install 6 new pedestrian push buttons on separate pedestals, closer to the ADA ramps.

2. Intersection of Farmington Road and Madrid Drive, south side: possible relocation of one PPB on existing signal pole or new PPB on a separate pedestal.

We have invited PK Electrical to provide traffic engineering services for this project. The electrical design will include the demolition drawings for the associated electrical at the two above listed intersections, electrical power, and conduit as needed for the new and relocated push buttons. Design Phase Services include consultation, calculations, permit & construction documents, and specifications suitable for permitting, bidding and constriction. We will attend virtual design meetings as required to coordinate with other trades.

Deliverables: PS&Es in hard copy bond formats, plans in full size 24x36 and half size. Mylar copies to be made upon approval of the 100% PS&Es. Electronic copies of plans in DWG (Autodesk Civil 3D 2023) and PDF formats. Specifications in Microsoft Word DOC format. Estimates in Microsoft Excel PDF format.

4.4.1 65% PS&E
The 65% submittal will show the locations of utilities, geometric features, and other design elements, so that the Utility “B” letters and plans can be sent to the utility agencies. REY will coordinate with PG&E for any connection requirements.

4.4.2 95% PS&E
EXHIBIT A Page 16 of 61 ATTACHMENT B 315
Project No. WT19013/Federal Project No. ATPSB1L-5008(187) | Proposal for the S a f e R o u t e s t o S c h o o l S i d e w a l k G a p C l o s u r e

P A G E 13
The 95% submittal and plan check review have been removed from the project. The design will proceed from the 65% PS&E submittal straight to the 100% PS&E submittal.

4.4.3 100% PS&E
The 100% submittal will include complete plans, estimates, specifications, and project files in a bid-ready form. The review comments from the 65% submittal will be itemized and a written response to the comments shall be prepared in a comment matrix.

The original red-line mark-up from the City will be returned with the succeeding submittal. The Resident Engineer (RE) binder will also be a part of this submittal, and will include quantity calculations, notes about important/unique specifications, AutoCAD files, and any other pertinent information we feel would add the RE in managing the construction of the project. Additional coordination with PG&E will occur for any additional connection requirements.

4.4.4 Quality Control
Quality assurance and quality control is a critical process to ensure work is being performed efficiently and accurately.

Quality control (QC) is not just a review of the final work product prior to its delivery to the City, but rather, true quality control is our commitment to a process of an ongoing “critical eye” review and oversight throughout the project. Quality Assurance (QA) will be provided by Jim Fisher, PE, QSD/P, who will audit the project intermittently to ensure that QC procedures are being followed, including the conformance to City and Caltrans Standards. The goal of the QC plan will be to prevent errors, quickly detect and correct any errors that do occur, and eliminate their cause in the future.

Deliverables: A signed Quality Control Checklist at each of the PS&E submittals in PDF format.

4.5 Public Outreach
The City will prepare all public notices along with right-of-entry letters to access private properties during field reconnaissance.

R.E.Y.’s assistance is not anticipated in this task.

Additional community outreach and community meetings are not included.

4.6 Coordination/Meetings
R.E.Y. will attend the following meetings:
• Design kick-off meeting
• 18 conference calls during the design period
• Up to 3 coordination meetings with utility providers
• Project administration, monthly schedule, and
cost updates
• The Pre-bid meeting
• The opening of bids
• The Pre-construction meeting
• Up to 2 field visits during construction
• The post-construction meeting
All meetings except for field visits will be via phone or video conferencing. For each design phase meeting, we will prepare an agenda, minutes, and we will maintain an action log.

R.E.Y. will also prepare and maintain a comprehensive project schedule to reflect the time frames of each tasks in the proposed scope of work. We will use Microsoft Project to develop the project schedule. The schedule will be updated monthly, after each plan check review, or as requested.

Deliverables: Meeting agendas, meeting minutes, and action logs in PDF format. Project schedules in Microsoft Project PDF format.

4.7 Design Support During Construction
Once the Final Bid Documents are approved, R.E.Y. will assist the City throughout the bidding process including compliance with Chapter 15 of the LAPM up to the budgeted amount in our contract. During the bidding phase, an engineer from R.E.Y. will attend the pre-bid meeting and bid opening. Our team will assist with responding to questions and providing clarifications during the bidding process including preparing bid addenda.

Once the bidding is complete and a contractor has been selected, construction documents will be prepared. All bid addenda will be merged into one complete set of conformed construction documents.

Once construction is underway, R.E.Y. and our subconsultants will provide construction engineering support as requested by the City and/or construction management team up to the budgeted amount in our contract including:
• Responding to Requests for Information
• Review construction submittal packages
EXHIBIT A Page 17 of 61 ATTACHMENT B 316
Project No. WT19013/Federal Project No. ATPSB1L-5008(187) | Proposal for the S a f e R o u t e s t o S c h o o l S i d e w a l k G a p C l o s u r e P A G E 14
• Prepare construction plan addenda
• Contract change order assistance
• Coordination with the City project manager, City inspector, and/or contractor Deliverables: RFIs, stamped submittals, and punchlists in PDF format. Construction plan addenda in PDF and DWG formats.

4.8 As-built Drawings
The City will prepare as-built drawings. R.E.Y.’s assistance is not anticipated in this task.

4.9 Preservation and Perpetuating Survey Monuments
R.E.Y. survey staff will compile an exhibit of all monuments identified on record maps or by filed corner record in the areas of construction (new ramps plus new sidewalk/pavement areas) for each of the five sites. R.E.Y. will then search for and locate each of these monuments, noting which ones might have been destroyed. Existing monuments will then be tied out to durable reference points. Survey and documentation for corner records or records of survey are not included.

4.10 Rights of Entry
The City will prepare all public notices along with right-of-entry letters to access private properties where construction work will be required on their property. R.E.Y.’s assistance is not anticipated in this task.

EXHIBIT A Page 18 of 61 ATTACHMENT B 317
Safe Routes to School Sidewalk Gap Closure
City of Stockton
Fee Estimate Rev. 1
April 9, 2024
TASK DESCRIPTION Assistant Engineer - I Assistant Engineer - III Associate Engineer - III Senior Engineer - I Senior Engineer - II Senior Engineer - V Principal Manager - I Principal Manager - II Senior Project Coordinator 2-Person Survey Crew 1-Person Survey Crew Survey Technician - 2 Senior Technician - 3 Billing Rate $131.00 $159.00 $191.00 $222.00 $243.00 $307.00 $307.00 $334.00 $231.00 $366.00 $228.00 $126.00 $201.00

4.1 8 4 18 6 2 4 16 16 74 20,780$ 200$ 20,980$

4.11 Field Reconnaissance 10 16 26 8,926$ 200$ $ 9,126

4.12 Record Document Review 8 4 8 6 2 4 16 48 11,854 $ -$ 11,854 $

4.13 Geotechnical Investigation (Not in Contract)

4.3 8 10 6 4 2 2 8 40 8,454$ -$ 8,454$

4.31 Utility A B C Letters 8 10 6 4 2 2 8 40 8,454 $ -$ 8,454 $

4.32 Subsurface Exploration and Survey (GPR) (Not in Contract) $ - $ -

4.4 200 208 185 176 115 110 20 33 36 1,083 220,872$ 10,900$ 231,772$

4.4.1 65% PS&E 116 112 98 100 65 62 8 5 22 588 117,959 $ 1,800$ $ 119,759

4.4.2 100% PS&E 84 96 87 76 50 42 6 4 14 459 91,213 $ 9,100$ $ 100,313

4.4.3 Quality Control 6 6 24 36 11,700 $ -$ 11,700 $

4.5 4.6 24 80 4 4 20 132 37,576$ 500$ 38,076$

4.7 30 56 26 40 5 157 37,335$ 2,300$ 39,635$

4.71 Bid Support 6 12 6 4 2 30 6,918 $ 700$ $ 7,618

4.72 Construction Support 24 44 20 36 3 127 30,417 $ 1,600$ $ 32,017

4.8 -$ -$

4.9 6 100 100 206 51,042$ -$ 51,042$

4.10 208 248 185 240 175 252 43 41 68 116 100 16 1,692 376,059$ 13,900$ 389,959$ TOTAL HOURS 208 248 185 240 175 252 43 41 68 116 100 16 1,692 TOTAL DOLLARS $27,248 $39,432 $35,335 $53,280 $42,525 $77,364 $13,201 $13,694 $15,708 $42,456 $12,600 $3,216 376,059$ 13,900$ 389,959$ TOTAL DOLLARS TOTAL LABOR COST TOTAL ODC'S R.E.Y. Engineers, Inc.

SUBTOTAL
Plans, Specifications, and Estimate (PS&E)
Public Outreach (Not in Contract)
Coordination/Meetings
Design Support During Construction
As-Built Drawings
Rights of Entry (Not in Contract)
Preserving and Perpetuating Survey Monuments

TOTALS TOTAL HOURS
Background Research
Utility Coordination

EXHIBIT B

ID Task
Mode
Task Name Duration Start Finish Predecessors Resource Names 1 City Council Approval 1 day Tue 5/21/24 Tue 5/21/24 City 2 Notice to Proceed 1 day Wed 5/22/24 Wed 5/22/24 1 City 3 Kickoff Meeting 1 day Wed 5/29/24 Wed 5/29/24 2 City,R.E.Y. 4 4.1: Background Research 20 days Thu 5/30/24 Wed 6/26/24 5 Initial Field Reconnaissance 1 day Thu 5/30/24 Thu 5/30/24 3 R.E.Y. 6 Document review 10 days Thu 5/30/24 Wed 6/12/24 3 PK Electrical,R.E.Y. 7 Updated base maps 5 days Thu 6/20/24 Wed 6/26/24 10 R.E.Y. 8 4.3 Utility Coordination 102 days Thu 5/30/24 Fri 10/18/24 9 Utility A Letters 5 days Thu 5/30/24 Wed 6/5/24 3 R.E.Y. 10 Receive Utility Maps 2 wks Thu 6/6/24 Wed 6/19/24 9 Utilities 11 Utility B Letters 5 days Thu 8/1/24 Wed 8/7/24 17 R.E.Y. 12 Utility C Letters 5 days Mon 10/14/24Fri 10/18/24 22 R.E.Y. 13 4.4 PS&Es 127 days Thu 5/30/24 Fri 11/22/24
14 4.4.1 65% PS&Es 60 days Thu 5/30/24 Wed 8/21/24
15 65% PS&E Development 40 days Thu 5/30/24 Wed 7/24/24 3 PK Electrical,R.E.Y. 16 QC Documents 3 days Thu 7/25/24 Mon 7/29/24 15,6,7 PK Electrical,R.E.Y. 17 65% PS&E Submittal 2 days Tue 7/30/24 Wed 7/31/24 16 PK Electrical,R.E.Y. 18 City Review 15 days Thu 8/1/24 Wed 8/21/24 17 City
19 4.4.3 100% PS&Es 67 days Thu 8/22/24 Fri 11/22/24
20 100% PS&E Development 32 days Thu 8/22/24 Fri 10/4/24 18 PK Electrical,R.E.Y. 21 QC Documents 3 days Mon 10/7/24 Wed 10/9/24 20 PK Electrical,R.E.Y. 22 100% PS&E Submittal 2 days Thu 10/10/24 Fri 10/11/24 21 PK Electrical,R.E.Y. 23 City final review 15 days Mon 10/14/24Fri 11/1/24 22 City 24 Final PS&Es/Bid Set 15 days Mon 11/4/24 Fri 11/22/24 23 PK Electrical,R.E.Y. 25 4.7 Design Support for Construction 197 days Thu 11/28/24 Fri 8/29/25 26 Bid phase 22 days Thu 11/28/24 Fri 12/27/24 24 PK Electrical,R.E.Y. 27 Construction Phase 110 days Mon 3/31/25 Fri 8/29/25 26 PK Electrical,R.E.Y. 28 4.9 Preservation of Survey
Monuments
35 days Thu 6/13/24 Wed 7/31/24
29 Exhibit of Monuments 5 days Thu 6/13/24 Wed 6/19/24 6 R.E.Y. 30 Supplemental survey for monuments 30 days Thu 6/20/24 Wed 7/31/24 29 R.E.Y. 7/31
10/11
11/22
1926 2 9 162330 7 142128 4 111825 1 8 152229 6 132027 3 101724 1 8 152229 5 121926 2 9 1623 2 9 162330 6 132027 4 111825 1 8 152229 6 132027 3 10172431 7 May '24 Jun '24 Jul '24 Aug '24 Sep '24 Oct '24 Nov '24 Dec '24 Jan '25 Feb '25 Mar '25 Apr '25 May '25 Jun '25 Jul '25 Aug '25 Sep '25 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Critical
Critical Split
Progress
Manual Progress

SRTS Stockton
Sidewalk Gap Closure
R.E.Y. Engineers 4/11/2024

EXHIBIT C

REV 2022‐05‐17
Insurance Requirements for Professional Services
Safe Routes to School Sidewalk Gap Closure, Project No. WT19013/ ATPSB1L-5008(187)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

EXHIBIT D Page 21 of 61 ATTACHMENT B 320
REV 2022‐05‐17
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any EXHIBIT D Page 22 of 61 ATTACHMENT B 321
REV 2022‐05‐17
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

EXHIBIT D Page 23 of 61 ATTACHMENT B 322
REV 2022‐05‐17
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT D Page 24 of 61 ATTACHMENT B 323
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

May 2023
State Funded Consultant Contract Provisions

SAFE ROUTES TO SCHOOL SIDEWALK GAP CLOSURE
City Project No. WT19013/ATPSB1L-5008(187)

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION .................................................................................................................... 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS ....................................................................... 4 ARTICLE III STATEMENT OF WORK ...................................................................................................... 4 ARTICLE IV PERFORMANCE PERIOD ................................................................................................... 5 ARTICLE V ALLOWABLE COSTS AND PAYMENTS ............................................................................. 5 ARTICLE VI TERMINATION ................................................................................................................... ..6 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ..................................... ..7 ARTICLE VIII RETENTION OF RECORD/AUDITS ................................................................................ ..7 ARTICLE IX AUDIT REVIEW PROCEDURES ....................................................................................... ..8 ARTICLE X SUBCONTRACTING .......................................................................................................... ..9 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES .............................. 10 ARTICLE XII STATE PREVAILING WAGE RATES ............................................................................... 11 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................... 14 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ......................... 15

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ..................................................................................................................................... 15 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE .................... 15 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION .................................................... 17 ARTICLE XVIII NONE ............................................................................................................................ 17 ARTICLE XIX INSURANCE .................................................................................................................... 17 ARTICLE XX FUNDING REQUIREMENTS ............................................................................................ 17 ARTICLE XXI CHANGE IN TERMS ........................................................................................................ 17 EXHIBIT E Page 25 of 61 ATTACHMENT B 324
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

May 2023
ARTICLE XXII CONTINGENT FEE ......................................................................................................... 18 ARTICLE XXIII DISPUTES ..................................................................................................................... 18 ARTICLE XXIV INSPECTION OF WORK ............................................................................................... 18 ARTICLE XXV SAFETY ......................................................................................................................... 18 ARTICLE XXVI OWNERSHIP OF DATA ................................................................................................ 19 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR .............. 19 ARTICLE XXVIII CONFIDENTIALITY OF DATA .................................................................................... 20 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION....................................... 20 ARTICLE XXX EVALUATION OF CONSULTANT ................................................................................. 20 ARTICLE XXXI PROMPT PAYMENT ..................................................................................................... 20 ARTICLE XXXII TITLE VI ASSURANCES ............................................................................................. 21 ARTICLE XXXIII NOTIFICATION ........................................................................................................... 21 ARTICLE XXXIV CONTRACT ................................................................................................................ 21 ARTICLE XXXV SIGNATURES .............................................................................................................. 21 EXHIBIT E Page 26 of 61 ATTACHMENT B 325
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

May 2023

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

R.E.Y ENGINEERS, INC.

Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be
Samatha Tuttle
The name of the “LOCAL AGENCY” is as follows:

City of Stockton
The Contract Administrator for LOCAL AGENCY will be Amjad Masadeh.

B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated March 27, 2024. The approved CONSULTANT’s Cost Proposal is attached hereto Exhibit B and Scope Exhibit A and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

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

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any EXHIBIT E Page 27 of 61 ATTACHMENT B 326
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contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

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

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

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

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

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

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

ARTICLE III STATEMENT OF WORK
[Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services
See Exhibit “A”, Scope of Services of the Professional Services Contract.

B. Right of Way
See Exhibit “A”, Scope of Services of the Professional Services Contract.

C. Surveys
See Exhibit “A”, Scope of Services of the Professional Services Contract.

D. Subsurface Investigations
See Exhibit “A”, Scope of Services of the Professional Services Contract.

E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or EXHIBIT E Page 28 of 61 ATTACHMENT B 327
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government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly. See “Rights and Duties of City” of the Professional Services Contract.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
[For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on (COUNCIL DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on September 30, 2028, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

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

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

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $389,959.00. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

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

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

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

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

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

CITY OF STOCKTON PUBLIC WORKS DEPARTMENT
22 E. WEBER AVENUE, ROOM 301
STOCKTON, CA 95202
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(389,959.00.

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

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, (See Section 11 of the Professional Services Contract).

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B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

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

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

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

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’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 LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

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

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

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

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Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

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

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

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

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

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

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

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

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

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

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

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

The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and nonDBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

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

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

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

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

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

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

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

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be EXHIBIT E Page 35 of 61 ATTACHMENT B 334
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verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

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

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

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

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

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

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

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F. Penalty

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

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

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

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

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

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prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

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

H. Employment of Apprentices

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

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

Penalties are specified in Labor Code §1777.7.

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

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

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

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this EXHIBIT E Page 38 of 61 ATTACHMENT B 337
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AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

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

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

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

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

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

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

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any EXHIBIT E Page 39 of 61 ATTACHMENT B 338
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employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

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

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

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

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

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

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

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

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ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

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

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

3. Does not have a proposed debarment pending; and

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

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

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

ARTICLE XIX INSURANCE
See Section 3 of the Professional Services Contract.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

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

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

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as EXHIBIT E Page 41 of 61 ATTACHMENT B 340
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listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

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

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Department Head or Designee, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

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

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

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

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

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

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D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

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

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

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

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

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

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

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

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

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

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

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

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

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

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

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

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

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:

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(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
Refer to the Professional Services Contract.

ARTICLE XXXIII NOTIFICATION
Refer to the Professional Services Contract.

ARTICLE XXXIV CONTRACT
Refer to the Professional Services Contract.

ARTICLE XXXV SIGNATURES
Refer to the Professional Services Contract.

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Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
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• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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City of Stockton
Legislation Text
File #: 24-0245, Version: 2

APPROVE MOTION TO AUTHORIZE THE PURCHASE OF SIX CONTACTLESS PARK

RESTROOMS

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

2. Approve the purchase of five Contactless Park Restrooms for 1.7 Touchless Restrooms, Project No. WP22016, from Exeloo Corporation of San Luis Obispo, CA, in the amount of $1,277,200.96.

3. Approve the purchase of one Contactless Park Restroom for Sousa Park Restroom, Project No. WP24032, from Exeloo Corporation of San Luis Obispo, CA, in the amount of $243,514.72.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Summary
On September 14, 2021, by Motion No. 2021-09-14-1501, Council approved the use of $78,052,072 in the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds. The purchase of contactless park restrooms was identified as an eligible expense. On May 2, 2023, by Resolution No. 2023-05-02-1502, Council approved discretionary funding in the amount of $375,000 for the purchase and installation of an Exeloo restroom at Sousa Park.

It is recommended that Council approve a motion authorizing the Single Available Source procurement purchase of five Contactless Park Restrooms for 1.7 Touchless Restrooms, Project No.

WP22016, and the Single Available Source procurement purchase of one Contactless Park Restroom for Sousa Park Restroom, Project No. WP24032, from Exeloo Corporation (Exeloo) of San Luis Obispo, CA, in the total amount of $1,520,715.68 (Attachment A).

DISCUSSION
Background
Exeloo manufactures prefabricated restrooms that feature self-cleaning, alarms, and scheduled opening and closing. The contactless system performs when touched or if hands are waved before City of Stockton Page 1 of 3 Printed on 6/13/2024
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File #: 24-0245, Version: 2
its components. The units feature automatic water, soap, toilet paper, and drying functions and are regularly shut down between uses to wash down the interior. The units are open from 6:00 a.m. through sundown and are automatically locked overnight. These restrooms have been in use at four parks, and park users have heralded their contactless operation as a welcome addition to the parks system.

The Exeloo units are now the preferred standard restrooms for Stockton parks. ARPA funding will be used to purchase four two-stall units and one three-stall unit (Attachment A). Discretionary funding from Project No. WP24032 will be used to purchase one two-stall unit for a total of six new restrooms. The contactless restroom units will be fabricated and shipped from New Zealand. Exeloo does not offer installation services and has instead designated Soracco, Inc. of Lodi, CA, as the preferred installer of the Exeloo contactless restrooms in Northern California.

Public Works’ staff continues to research emerging automated public toilets on the market. Exeloo security features make the units a good fit for the Stockton public park system, where vandalism is sometimes prevalent. Exeloo has worked with the City since installing its original units to improve the security of the units through design changes or electronics. Exeloo is the only vendor available to meet the City’s needs for this custom equipment.

With Coronavirus Aid, Relief, and Economic Security Act (CARES) funding, Public Works installed four contactless restrooms from Exeloo in Fiscal Year 2020-21. The first four units were installed in 2020 at Oak Park West, Victory Park East, Fremont, and Stribley Parks to replace badly damaged park restrooms.

On September 14, 2021, by Motion No. 2021-09-14-1501, Council approved the use of $78,052,072 in the ARPA Coronavirus State and Local Fiscal Recovery Funds. The purchase of contactless park restrooms was identified as an eligible expense. On May 2, 2023, by Resolution No. 2023-05-02- 1502, Council approved discretionary funding in the amount of $375,000 for the purchase and installation of an Exeloo restroom at Sousa Park.

The City purchased five three-stall units with the first round of ARPA funding. These units will be installed in 2024 at American Legion, Eden, Mattie Harrell, Oak, and Victory Park West Parks.

Present Situation
Public Works has identified locations for new Exeloo restrooms. New two-stall units will be installed at the following sites:
· Caldwell Park - The new unit will replace the restroom that was burned down in 2022. · Dentoni Park - The new unit will replace frequently vandalized older restrooms. · Brotherhood Park - The new unit will replace the restroom that has been closed. · Grupe Park - The existing older restroom will be demolished, and a new unit will be installed. · Sousa Park - This will be the first restroom installed at this site outside of the pool area.

One three-stall unit will be installed at the following site:
· Sandman Park - The new unit will replace the restroom by the playground.

City of Stockton Page 2 of 3 Printed on 6/13/2024
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It is recommended that Council approve a motion authorizing the Single Available Source procurement purchase of five Contactless Park Restrooms for 1.7 Touchless Restrooms, Project No.

WP22016, and the Single Available Source procurement purchase of one Contactless Park Restroom for Sousa Park Restroom, Project No. WP24032, from Exeloo of San Luis Obispo, CA, in the total amount of $1,520,715.68 (Attachment A).

FINDINGS
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process, including the use of a Single Available Source procurement purchase. These findings include:

1. It is critical to provide safe spaces for the Stockton public and park users to use a park restroom that is clean.

2. Many of the City’s restrooms are old and are quickly becoming ill-suited for safe public use.

3. Exeloo sells the only contactless restroom unit that is compatible with the City’s Park needs, such as self-cleaning, vandal resistance, alarm, and automatic opening and closing.

FINANCIAL SUMMARY
There are sufficient funds in the 1.7 Touchless Restrooms, Project No. WP22016, to purchase four two-stall units and one three-stall unit from Exeloo utilizing ARPA funding.

There are sufficient funds in the Sousa Park Restroom, Project No. WP24032, to purchase one twostall unit from Exeloo utilizing Discretionary funding.

Purchase breakdown:

UNITS UNIT PRICE TOTAL PRICE
Five Two-Stall Units $243,514.72 $1,217,573.60
One Three-Stall Unit $303,142.08 $ 303,142.08
TOTAL PURCHASE (Delivery and Tax included): $1,520,715.68 There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Exeloo Quote
City of Stockton Page 3 of 3 Printed on 6/13/2024
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363
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3060

PRICING CONFIRMATION
Stockton City
1465 So. Lincoln Street
Stockton California 95206
Site: Sandman Park
Salesperson: Richard Kendall
Date of
Original
Quotation:
05/22/2024
Date of this
Quoations:
05/23/2024
Valid Until : 07/21/2024
PROPOSED EXELOO Sandman Park - JUP23ATD
All prices are exclusive of Tax

TOILET UNITS
Exeloo Jupiter Platinum Triple Toilet JUP23ATD 1.00 $240,500.00 $240,500.00 TOILET UNITS Total $240,500.00

SELECTED OPTIONAL ITEMS
Baby Change Recessed Stainless Steel 1.00 $2,600.00 $2,600.00 Nappy / Sanitary Disposal Chute - Large - Single 3.00 $1,400.00 $4,200.00 Remote Web-Based Monitoring and Control (SIM card
Modem)

3.00 $3,200.00 $9,600.00
Electronic Rotary Latch for EMD8200 3.00 $1,200.00 $3,600.00 Electronic Rotary Latch for WS600 3.00 $1,200.00 $3,600.00 HCD Inspection Fee 1.00 $3,000.00 $3,000.00
SELECTED OPTIONAL ITEMS Total $26,600.00

REMOTE MONITORING
Remote Monitoring Monthly Fee Per Cubicle 72.00 $46.00 $3,312.00 REMOTE MONITORING Total $3,312.00

DELIVERY
ATTACHMENT A 364
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3060

Delivery to Stockton Excluding Crane for Off Loading 1.00 $7,700.00 $7,700.00 DELIVERY Total $7,700.00
DELIVERED TOTAL $278,112.00
Tax Rate $25,030.08
DELIVERED TOTAL incl TAX $303,142.08
ATTACHMENT A 365
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3060

Inclusions | Exeloo Responsibility
Toilet Unit JUP23ATD
Structural design and engineering of toilet
Design and associated drawings
HCD CA Approval
On site assistance, restroom commissioning and training Exclusions | Customer Responsibility
Building consent costs
Site plan
Foundations
Installation of restroom unit
Geotechnical report
Supply and installation of power, water, sewerage and stormwater facilities Roof Installation - To be completed on site, GC budget for 4 men 5 hours Inquire for roof installation instructions
Futurewood Batten Installation - To be completed on site, GC budget for 2 men 4 hours
Force Majeure Events: Delays or disruptions arising from industrial action, adverse weather conditions, shipping issues, or other external factors beyond the control of Exeloo
Delivery
Transport to site or depot excluding cranage
Construction
Floor Reinforced concrete
Frame DuraGal steel frame
Roof Skillion - Structural Insulated Panels (SIP) 75mm foam core roof Exterior Walls Compressed fiber cement sheet with epoxy paint ATTACHMENT A 366
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3060

Control Level
Control System Full electronic command with Programmable Logic Controller (PLC) Touch Screen Controller Touch screen controller interface located in the service bay to access unit statistics, diagnostics and program settings
Usage Statistics Touch screen access to enhanced usage, servicing and cubicle opening statistics as well as system diagnostics for improved asset management and control Automated Flush Toilet pan automatically flushes after use Electric Buttons Illuminated buttons for electric sliding door operation Door Locking Electric locking with illuminated electric buttons Auto-wash 5-stage automatic cubicle wash and refresh system Night Time Locking on Time
Clock
Adjustable lock up and unlock function to better manage opening and closing times. Reduces operational costs associated with security visits.

Timed Occupation Programmable use time control to reduce loitering and vandalism Loiter Alarm Pre-programmed voice messages to deter vagrancy and extended occupation Voice Messages
Pre-programmed voice messages to explain unit operation and to guide sight impaired users
Music / Announcements USB enabled music option to improve user experience and option to include public announcements
Fit Out Level
Interior Floors Ceramic Slip Resistant Tiles - Charcoal Interior Walls Ceramic Tiles - White
Door System Electric Operation of Sliding Door - Stainless Steel Door Closer Electric sliding door closer
Door Locking Electric locking with manual doors and illuminated electric buttons Interior Ceiling Underside of roof
Ventilation Louvered air gap around top of unit
Flush System Flush valve actuated automatically
Interior Lighting Surface mounted Light Emitting Diode (LED) lighting Exterior Lighting Surface mounted Light Emitting Diode (LED) lighting Basin Recessed 3 in 1 Integrated Sensor Operated Basin
Soap Dispenser Incorporated in the recessed 3 in 1 integrated sensor operated basin Hand Dryer Incorporated in the recessed 3 in 1 integrated sensor operated basin Paper Dispenser Recessed Electric and Manual Twin Jumbo Paper Dispenser Toilet Pan Stainless steel wall hung toilet pan with moulded hinged seat ATTACHMENT A 367
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3060

Signage Compliant signage including braille
Selected Optional Items
Baby Change Recessed
Stainless Steel
Recessed to retain circulation space with durable stainless steel enclosure.

Integrated straps to keep infants safe
Nappy / Sanitary Disposal
Chute - Large - Single
Discrete recessed stainless chute into a fire retardant bin. XL size to cope with adult diapers and baby nappies.

Remote Web-Based Monitoring
and Control (SIM card Modem)
Use remote web-based monitoring to receive detailed usage data and control some operational aspects of the toilet facility. Also receive a summarised monthly statistical report that highlights usage, queuing and service frequency and intervals.

Electronic Rotary Latch for
EMD8200
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Upgrade to Electronic Rotary
Latch for WS600
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Remote Monitoring Monthly Fee
Per Cubicle
Use remote web-based monitoring to receive summary usage data and control some operational aspects of the toilet facility. Monthly subscription to maintain on-line recording, administration and cloud storage of statistical data.

Clarifications
Validity Pricing is valid for sixty (60) days from date of this quotation Sanitary Disposal
If a sanitary disposal bin is included in your order, please ensure that arrangements are made to have this bin emptied regularly by a suitable sanitary waste contractor or, ensure that the cleaning contractor is willing to provide plastic bin liners to be removed and replaced on a weekly basis.

Color Exterior Exterior paint coating is Carbothane two pack, which is graffiti resistant. Colors to be chosen from an approved color chart.

Color Roof The standard roof color is white (Titania). Alternative Flashing colors can be selected from an approved color chart. Contact Exeloo for available colors.

Color Interior White walls and charcoal floors
ATTACHMENT A 368
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3060

Power Requirements
100 amp single phase, two leg supply . Termination points are supplied and located inside the service bay.

Water Requirements Heavy Duty flush valves are fitted as standard. Key features and information below:

IMPORTANT:

Water Consumption
Flush consumption is the same as a conventional cistern however, water is not stored in a reservoir so it will need to draw significant water in a short period.

Water supply at the connection point must have a minimum flow rate of 25 gallons per minute / per pan and a minimum dynamic pressure of 40psi.

A 1" water meter coupled to a 1-1/4" ID (1-1/2" OD) supply from the meter to the Exeloo unit is usually sufficient but this should be confirmed on-site. Meter size and pipe diameter will need to be increased for multiple buildings. Exeloo cannot accept responsibility for loss or damage associated with inadequate water supply.

Flush valves can be damaged by water pressure above 75psi and so a pressure limiter is included on the water supply line.

Where a Reduced Pressure Zone (RPZ) valve is required on the main supply feed there may be a negative impact on the flow rate. As a result a larger meter and supply pipe might be required.

If adequate flow rate and pressure cannot be achieved Exeloo can provide a cistern system. Contact Exeloo to discuss supply.

Sewer Outlet A standard 4" sewer connection socket is located in the service bay. CAUTION: The unit must be sited on its foundations before connection is made to the sewer outlet.

Floor Drains (Multi)
A 2" NPT socket floor waste drain is incorporated into the floor of each cubicle. Each floor drain will require a gully. One of the floor wastes should be connected to the Overflow Relief Gully (ORG).

Stormwater Outlet The 3" stormwater pipe supplied in the service bay must be connected to the stormwater system through the services hole located in the floor of the service bay.

Foundations
Foundation structure is two strip-type concrete foundations (18"x30"x7'6"). Refer to the Exeloo installation guide for details of the required strip foundation configuration.

Remote Monitoring Capability This quotation covers the hardware necessary to enable web based remote monitoring
A broadband connection is required to ensure stable internet access This quotation includes 24 months of access to the ExeWeb control website. After 24 months a monthly monitoring access fee will be charged to access site information on the ExeWeb control website .

A monthly monitoring access fee will be charged to access site information on the ATTACHMENT A 369
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3060

ExeWeb control website.

Storage / Insurance
Exeloo will store units free of charge for up to 10 days from date of arrival. After 10 days any costs of storage and insurance will be charged. Please contact Exeloo to make alternative storage arrangements if longer term storage is required. Storage will be billed weekly and typically under a different PO Construction Period Normal ex-factory lead times are within 24 weeks of a purchase order being accepted. An additional 4 weeks is required for shipping.

Payment Terms
Toilet Unit Supply Only 40% of total order value on acceptance of purchase order. 60% of total order value payable on ex-factory date.

Tax This quotation includes provision for the prevailing tax at time of quotation in the prescribed jurisdiction. Changes to tax conditions are the responsibility of the purchaser.

General Terms All funds are payable on public toilet or, if held in storage for more than 30 days, either by Exeloo or, others as a result of delays by others.

The Exeloo Public Toilet supplied is to be paid in full and will not carry any part of the clients retention responsibility. This is because the Exeloo Public Toilet is a completed and tested product and performance is covered under law.

Acceptance of your Purchase Order is conditional on your signed PO containing payment terms for performance of our-subcontract to build and supply.

Storage fees and cranage surcharges will apply for periods exceeding agreed delivery schedule.

Storage Insurance Care of purchaser.

Company Details
Exeloo Corp (USA)
EIN:

P O Box 13310 San Luis Obispo, CA 93406
Ph: 800 676 5290
ATTACHMENT A 370
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3065

PRICING CONFIRMATION
Stockton City
1465 So. Lincoln Street
Stockton California 95206
Site: Caldwell Park
Salesperson: Richard Kendall
Date of
Original
Quotation:
05/22/2024
Date of this
Quoations:
05/23/2024
Valid Until : 07/21/2024
PROPOSED EXELOO Caldwell Park - JUP22DD
All prices are exclusive of Tax

TOILET UNITS
Exeloo Jupiter Auto Twin Toilet JUP22DD 1.00 $193,900.00 $193,900.00 TOILET UNITS Total $193,900.00

SELECTED OPTIONAL ITEMS
Baby Change Recessed Stainless Steel 1.00 $2,600.00 $2,600.00 Nappy / Sanitary Disposal Chute - Large - Single 2.00 $1,400.00 $2,800.00 Remote Web-Based Monitoring and Control (SIM card
Modem)

2.00 $3,200.00 $6,400.00
Electronic Rotary Latch for EMD8200 2.00 $1,200.00 $2,400.00 Electronic Rotary Latch for WS600 2.00 $1,200.00 $2,400.00 HCD Inspection Fee 1.00 $3,000.00 $3,000.00
SELECTED OPTIONAL ITEMS Total $19,600.00

REMOTE MONITORING
Remote Monitoring Monthly Fee Per Cubicle 48.00 $46.00 $2,208.00 REMOTE MONITORING Total $2,208.00

DELIVERY
ATTACHMENT A 371
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3065

Delivery to Stockton Excluding Crane for Off Loading 1.00 $7,700.00 $7,700.00 DELIVERY Total $7,700.00
DELIVERED TOTAL $223,408.00
Tax Rate $20,106.72
DELIVERED TOTAL incl TAX $243,514.72
ATTACHMENT A 372
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3065

Inclusions | Exeloo Responsibility
Toilet Unit JUP22DD
Structural design and engineering of toilet
Design and associated drawings
HCD CA Approval
On site assistance, restroom commissioning and training Exclusions | Customer Responsibility
Building consent costs
Site plan
Foundations
Installation of restroom unit
Geotechnical report
Supply and installation of power, water, sewerage and stormwater facilities Roof Installation - To be completed on site, GC budget for 4 men 5 hours Inquire for roof installation instructions
Futurewood Batten Installation - To be completed on site, GC budget for 2 men 4 hours
Force Majeure Events: Delays or disruptions arising from industrial action, adverse weather conditions, shipping issues, or other external factors beyond the control of Exeloo
Delivery
Transport to site or depot excluding cranage
Construction
Floor Reinforced concrete
Frame DuraGal steel frame
Roof Skillion - Structural Insulated Panels (SIP) 75mm foam core roof Exterior Walls Compressed fiber cement sheet with epoxy paint ATTACHMENT A 373
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3065

Control Level
Control System Full electronic command with Programmable Logic Controller (PLC) Touch Screen Controller Touch screen controller interface located in the service bay to access unit statistics, diagnostics and program settings
Usage Statistics Touch screen access to enhanced usage, servicing and cubicle opening statistics as well as system diagnostics for improved asset management and control Automated Flush Toilet pan automatically flushes after use Electric Buttons Illuminated buttons for electric sliding door operation Door Locking Electric locking with illuminated electric buttons Auto-wash 5-stage automatic cubicle wash and refresh system Night Time Locking on Time
Clock
Adjustable lock up and unlock function to better manage opening and closing times. Reduces operational costs associated with security visits.

Timed Occupation Programmable use time control to reduce loitering and vandalism Loiter Alarm Pre-programmed voice messages to deter vagrancy and extended occupation Voice Messages
Pre-programmed voice messages to explain unit operation and to guide sight impaired users
Music / Announcements USB enabled music option to improve user experience and option to include public announcements
Fit Out Level
Interior Floors Ceramic Slip Resistant Tiles - Charcoal Interior Walls Ceramic Tiles - White
Door System Electric Operation of Sliding Door - Stainless Steel Door Closer Electric sliding door closer
Door Locking Electric locking with manual doors and illuminated electric buttons Interior Ceiling Underside of roof
Ventilation Louvered air gap around top of unit
Flush System Flush valve actuated automatically
Interior Lighting Surface mounted Light Emitting Diode (LED) lighting Exterior Lighting Surface mounted Light Emitting Diode (LED) lighting Basin Recessed 3 in 1 Integrated Sensor Operated Basin
Soap Dispenser Incorporated in the recessed 3 in 1 integrated sensor operated basin Hand Dryer Incorporated in the recessed 3 in 1 integrated sensor operated basin Paper Dispenser Recessed Electric and Manual Twin Jumbo Paper Dispenser Toilet Pan Stainless steel wall hung toilet pan with moulded hinged seat ATTACHMENT A 374
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3065

Signage Compliant signage including braille
Selected Optional Items
Baby Change Recessed
Stainless Steel
Recessed to retain circulation space with durable stainless steel enclosure.

Integrated straps to keep infants safe
Nappy / Sanitary Disposal
Chute - Large - Single
Discrete recessed stainless chute into a fire retardant bin. XL size to cope with adult diapers and baby nappies.

Remote Web-Based Monitoring
and Control (SIM card Modem)
Use remote web-based monitoring to receive detailed usage data and control some operational aspects of the toilet facility. Also receive a summarised monthly statistical report that highlights usage, queuing and service frequency and intervals.

Electronic Rotary Latch for
EMD8200
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Upgrade to Electronic Rotary
Latch for WS600
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Remote Monitoring Monthly Fee
Per Cubicle
Use remote web-based monitoring to receive summary usage data and control some operational aspects of the toilet facility. Monthly subscription to maintain on-line recording, administration and cloud storage of statistical data.

Clarifications
Validity Pricing is valid for sixty (60) days from date of this quotation Sanitary Disposal
If a sanitary disposal bin is included in your order, please ensure that arrangements are made to have this bin emptied regularly by a suitable sanitary waste contractor or, ensure that the cleaning contractor is willing to provide plastic bin liners to be removed and replaced on a weekly basis.

Color Exterior Exterior paint coating is Carbothane two pack, which is graffiti resistant. Colors to be chosen from an approved color chart.

Color Roof The standard roof color is white (Titania). Alternative Flashing colors can be selected from an approved color chart. Contact Exeloo for available colors.

Color Interior White walls and charcoal floors
ATTACHMENT A 375
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3065

Power Requirements
63 amp single phase, two leg supply . Termination points are supplied and located inside the service bay.

Water Requirements Heavy Duty flush valves are fitted as standard. Key features and information below:

IMPORTANT:

Water Consumption
Flush consumption is the same as a conventional cistern however, water is not stored in a reservoir so it will need to draw significant water in a short period.

Water supply at the connection point must have a minimum flow rate of 25 gallons per minute / per pan and a minimum dynamic pressure of 40psi.

A 1" water meter coupled to a 1-1/4" ID (1-1/2" OD) supply from the meter to the Exeloo unit is usually sufficient but this should be confirmed on-site. Meter size and pipe diameter will need to be increased for multiple buildings. Exeloo cannot accept responsibility for loss or damage associated with inadequate water supply.

Flush valves can be damaged by water pressure above 75psi and so a pressure limiter is included on the water supply line.

Where a Reduced Pressure Zone (RPZ) valve is required on the main supply feed there may be a negative impact on the flow rate. As a result a larger meter and supply pipe might be required.

If adequate flow rate and pressure cannot be achieved Exeloo can provide a cistern system. Contact Exeloo to discuss supply.

Sewer Outlet A standard 4" sewer connection socket is located in the service bay. CAUTION: The unit must be sited on its foundations before connection is made to the sewer outlet.

Floor Drains (Multi)
A 2" NPT socket floor waste drain is incorporated into the floor of each cubicle. Each floor drain will require a gully. One of the floor wastes should be connected to the Overflow Relief Gully (ORG).

Stormwater Outlet The 3" stormwater pipe supplied in the service bay must be connected to the stormwater system through the services hole located in the floor of the service bay.

Foundations
Foundation structure is two strip-type concrete foundations (18"x30"x7'6"). Refer to the Exeloo installation guide for details of the required strip foundation configuration.

Remote Monitoring Capability This quotation covers the hardware necessary to enable web based remote monitoring
A broadband connection is required to ensure stable internet access This quotation includes 24 months of access to the ExeWeb control website. After 24 months a monthly monitoring access fee will be charged to access site information on the ExeWeb control website .

A monthly monitoring access fee will be charged to access site information on the ATTACHMENT A 376
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3065

ExeWeb control website.

Storage / Insurance
Exeloo will store units free of charge for up to 10 days from date of arrival. After 10 days any costs of storage and insurance will be charged. Please contact Exeloo to make alternative storage arrangements if longer term storage is required. Storage will be billed weekly and typically under a different PO Construction Period Normal ex-factory lead times are within 24 weeks of a purchase order being accepted. An additional 4 weeks is required for shipping.

Payment Terms
Toilet Unit Supply Only 40% of total order value on acceptance of purchase order. 60% of total order value payable on ex-factory date.

Tax This quotation includes provision for the prevailing tax at time of quotation in the prescribed jurisdiction. Changes to tax conditions are the responsibility of the purchaser.

General Terms All funds are payable on public toilet or, if held in storage for more than 30 days, either by Exeloo or, others as a result of delays by others.

The Exeloo Public Toilet supplied is to be paid in full and will not carry any part of the clients retention responsibility. This is because the Exeloo Public Toilet is a completed and tested product and performance is covered under law.

Acceptance of your Purchase Order is conditional on your signed PO containing payment terms for performance of our-subcontract to build and supply.

Storage fees and cranage surcharges will apply for periods exceeding agreed delivery schedule.

Storage Insurance Care of purchaser.

Company Details
Exeloo Corp (USA)
EIN:

P O Box 13310 San Luis Obispo, CA 93406
Ph: 800 676 5290
ATTACHMENT A 377
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3067

PRICING CONFIRMATION
Stockton City
1465 So. Lincoln Street
Stockton California 95206
Site: Dentoni Park
Salesperson: Richard Kendall
Date of
Original
Quotation:
05/22/2024
Date of this
Quoations:
05/23/2024
Valid Until : 07/21/2024
PROPOSED EXELOO Dentoni Park - JUP22DD
All prices are exclusive of Tax

TOILET UNITS
Exeloo Jupiter Auto Twin Toilet JUP22DD 1.00 $193,900.00 $193,900.00 TOILET UNITS Total $193,900.00

SELECTED OPTIONAL ITEMS
Baby Change Recessed Stainless Steel 1.00 $2,600.00 $2,600.00 Nappy / Sanitary Disposal Chute - Large - Single 2.00 $1,400.00 $2,800.00 Remote Web-Based Monitoring and Control (SIM card
Modem)

2.00 $3,200.00 $6,400.00
Electronic Rotary Latch for EMD8200 2.00 $1,200.00 $2,400.00 Electronic Rotary Latch for WS600 2.00 $1,200.00 $2,400.00 HCD Inspection Fee 1.00 $3,000.00 $3,000.00
SELECTED OPTIONAL ITEMS Total $19,600.00

REMOTE MONITORING
Remote Monitoring Monthly Fee Per Cubicle 48.00 $46.00 $2,208.00 REMOTE MONITORING Total $2,208.00

DELIVERY
ATTACHMENT A 378
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3067

Delivery to Stockton Excluding Crane for Off Loading 1.00 $7,700.00 $7,700.00 DELIVERY Total $7,700.00
DELIVERED TOTAL $223,408.00
Tax Rate $20,106.72
DELIVERED TOTAL incl TAX $243,514.72
ATTACHMENT A 379
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3067

Inclusions | Exeloo Responsibility
Toilet Unit JUP22DD
Structural design and engineering of toilet
Design and associated drawings
HCD CA Approval
On site assistance, restroom commissioning and training Exclusions | Customer Responsibility
Building consent costs
Site plan
Foundations
Installation of restroom unit
Geotechnical report
Supply and installation of power, water, sewerage and stormwater facilities Roof Installation - To be completed on site, GC budget for 4 men 5 hours Inquire for roof installation instructions
Futurewood Batten Installation - To be completed on site, GC budget for 2 men 4 hours
Force Majeure Events: Delays or disruptions arising from industrial action, adverse weather conditions, shipping issues, or other external factors beyond the control of Exeloo
Delivery
Transport to site or depot excluding cranage
Construction
Floor Reinforced concrete
Frame DuraGal steel frame
Roof Skillion - Structural Insulated Panels (SIP) 75mm foam core roof Exterior Walls Compressed fiber cement sheet with epoxy paint ATTACHMENT A 380
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3067

Control Level
Control System Full electronic command with Programmable Logic Controller (PLC) Touch Screen Controller Touch screen controller interface located in the service bay to access unit statistics, diagnostics and program settings
Usage Statistics Touch screen access to enhanced usage, servicing and cubicle opening statistics as well as system diagnostics for improved asset management and control Automated Flush Toilet pan automatically flushes after use Electric Buttons Illuminated buttons for electric sliding door operation Door Locking Electric locking with illuminated electric buttons Auto-wash 5-stage automatic cubicle wash and refresh system Night Time Locking on Time
Clock
Adjustable lock up and unlock function to better manage opening and closing times. Reduces operational costs associated with security visits.

Timed Occupation Programmable use time control to reduce loitering and vandalism Loiter Alarm Pre-programmed voice messages to deter vagrancy and extended occupation Voice Messages
Pre-programmed voice messages to explain unit operation and to guide sight impaired users
Music / Announcements USB enabled music option to improve user experience and option to include public announcements
Fit Out Level
Interior Floors Ceramic Slip Resistant Tiles - Charcoal Interior Walls Ceramic Tiles - White
Door System Electric Operation of Sliding Door - Stainless Steel Door Closer Electric sliding door closer
Door Locking Electric locking with manual doors and illuminated electric buttons Interior Ceiling Underside of roof
Ventilation Louvered air gap around top of unit
Flush System Flush valve actuated automatically
Interior Lighting Surface mounted Light Emitting Diode (LED) lighting Exterior Lighting Surface mounted Light Emitting Diode (LED) lighting Basin Recessed 3 in 1 Integrated Sensor Operated Basin
Soap Dispenser Incorporated in the recessed 3 in 1 integrated sensor operated basin Hand Dryer Incorporated in the recessed 3 in 1 integrated sensor operated basin Paper Dispenser Recessed Electric and Manual Twin Jumbo Paper Dispenser Toilet Pan Stainless steel wall hung toilet pan with moulded hinged seat ATTACHMENT A 381
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3067

Signage Compliant signage including braille
Selected Optional Items
Baby Change Recessed
Stainless Steel
Recessed to retain circulation space with durable stainless steel enclosure.

Integrated straps to keep infants safe
Nappy / Sanitary Disposal
Chute - Large - Single
Discrete recessed stainless chute into a fire retardant bin. XL size to cope with adult diapers and baby nappies.

Remote Web-Based Monitoring
and Control (SIM card Modem)
Use remote web-based monitoring to receive detailed usage data and control some operational aspects of the toilet facility. Also receive a summarised monthly statistical report that highlights usage, queuing and service frequency and intervals.

Electronic Rotary Latch for
EMD8200
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Upgrade to Electronic Rotary
Latch for WS600
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Remote Monitoring Monthly Fee
Per Cubicle
Use remote web-based monitoring to receive summary usage data and control some operational aspects of the toilet facility. Monthly subscription to maintain on-line recording, administration and cloud storage of statistical data.

Clarifications
Validity Pricing is valid for sixty (60) days from date of this quotation Sanitary Disposal
If a sanitary disposal bin is included in your order, please ensure that arrangements are made to have this bin emptied regularly by a suitable sanitary waste contractor or, ensure that the cleaning contractor is willing to provide plastic bin liners to be removed and replaced on a weekly basis.

Color Exterior Exterior paint coating is Carbothane two pack, which is graffiti resistant. Colors to be chosen from an approved color chart.

Color Roof The standard roof color is white (Titania). Alternative Flashing colors can be selected from an approved color chart. Contact Exeloo for available colors.

Color Interior White walls and charcoal floors
ATTACHMENT A 382
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3067

Power Requirements
63 amp single phase, two leg supply . Termination points are supplied and located inside the service bay.

Water Requirements Heavy Duty flush valves are fitted as standard. Key features and information below:

IMPORTANT:

Water Consumption
Flush consumption is the same as a conventional cistern however, water is not stored in a reservoir so it will need to draw significant water in a short period.

Water supply at the connection point must have a minimum flow rate of 25 gallons per minute / per pan and a minimum dynamic pressure of 40psi.

A 1" water meter coupled to a 1-1/4" ID (1-1/2" OD) supply from the meter to the Exeloo unit is usually sufficient but this should be confirmed on-site. Meter size and pipe diameter will need to be increased for multiple buildings. Exeloo cannot accept responsibility for loss or damage associated with inadequate water supply.

Flush valves can be damaged by water pressure above 75psi and so a pressure limiter is included on the water supply line.

Where a Reduced Pressure Zone (RPZ) valve is required on the main supply feed there may be a negative impact on the flow rate. As a result a larger meter and supply pipe might be required.

If adequate flow rate and pressure cannot be achieved Exeloo can provide a cistern system. Contact Exeloo to discuss supply.

Sewer Outlet A standard 4" sewer connection socket is located in the service bay. CAUTION: The unit must be sited on its foundations before connection is made to the sewer outlet.

Floor Drains (Multi)
A 2" NPT socket floor waste drain is incorporated into the floor of each cubicle. Each floor drain will require a gully. One of the floor wastes should be connected to the Overflow Relief Gully (ORG).

Stormwater Outlet The 3" stormwater pipe supplied in the service bay must be connected to the stormwater system through the services hole located in the floor of the service bay.

Foundations
Foundation structure is two strip-type concrete foundations (18"x30"x7'6"). Refer to the Exeloo installation guide for details of the required strip foundation configuration.

Remote Monitoring Capability This quotation covers the hardware necessary to enable web based remote monitoring
A broadband connection is required to ensure stable internet access This quotation includes 24 months of access to the ExeWeb control website. After 24 months a monthly monitoring access fee will be charged to access site information on the ExeWeb control website .

A monthly monitoring access fee will be charged to access site information on the ATTACHMENT A 383
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3067

ExeWeb control website.

Storage / Insurance
Exeloo will store units free of charge for up to 10 days from date of arrival. After 10 days any costs of storage and insurance will be charged. Please contact Exeloo to make alternative storage arrangements if longer term storage is required. Storage will be billed weekly and typically under a different PO Construction Period Normal ex-factory lead times are within 24 weeks of a purchase order being accepted. An additional 4 weeks is required for shipping.

Payment Terms
Toilet Unit Supply Only 40% of total order value on acceptance of purchase order. 60% of total order value payable on ex-factory date.

Tax This quotation includes provision for the prevailing tax at time of quotation in the prescribed jurisdiction. Changes to tax conditions are the responsibility of the purchaser.

General Terms All funds are payable on public toilet or, if held in storage for more than 30 days, either by Exeloo or, others as a result of delays by others.

The Exeloo Public Toilet supplied is to be paid in full and will not carry any part of the clients retention responsibility. This is because the Exeloo Public Toilet is a completed and tested product and performance is covered under law.

Acceptance of your Purchase Order is conditional on your signed PO containing payment terms for performance of our-subcontract to build and supply.

Storage fees and cranage surcharges will apply for periods exceeding agreed delivery schedule.

Storage Insurance Care of purchaser.

Company Details
Exeloo Corp (USA)
EIN:

P O Box 13310 San Luis Obispo, CA 93406
Ph: 800 676 5290
ATTACHMENT A 384
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3068

PRICING CONFIRMATION
Stockton City
1465 So. Lincoln Street
Stockton California 95206
Site: Grupe Park
Salesperson: Richard Kendall
Date of
Original
Quotation:
05/22/2024
Date of this
Quoations:
05/23/2024
Valid Until : 07/21/2024
PROPOSED EXELOO Grupe Park - JUP22DD
All prices are exclusive of Tax

TOILET UNITS
Exeloo Jupiter Auto Twin Toilet JUP22DD 1.00 $193,900.00 $193,900.00 TOILET UNITS Total $193,900.00

SELECTED OPTIONAL ITEMS
Baby Change Recessed Stainless Steel 1.00 $2,600.00 $2,600.00 Nappy / Sanitary Disposal Chute - Large - Single 2.00 $1,400.00 $2,800.00 Remote Web-Based Monitoring and Control (SIM card
Modem)

2.00 $3,200.00 $6,400.00
Electronic Rotary Latch for EMD8200 2.00 $1,200.00 $2,400.00 Electronic Rotary Latch for WS600 2.00 $1,200.00 $2,400.00 HCD Inspection Fee 1.00 $3,000.00 $3,000.00
SELECTED OPTIONAL ITEMS Total $19,600.00

REMOTE MONITORING
Remote Monitoring Monthly Fee Per Cubicle 48.00 $46.00 $2,208.00 REMOTE MONITORING Total $2,208.00

DELIVERY
ATTACHMENT A 385
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3068

Delivery to Stockton Excluding Crane for Off Loading 1.00 $7,700.00 $7,700.00 DELIVERY Total $7,700.00
DELIVERED TOTAL $223,408.00
Tax Rate $20,106.72
DELIVERED TOTAL incl TAX $243,514.72
ATTACHMENT A 386
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3068

Inclusions | Exeloo Responsibility
Toilet Unit JUP22DD
Structural design and engineering of toilet
Design and associated drawings
HCD CA Approval
On site assistance, restroom commissioning and training Exclusions | Customer Responsibility
Building consent costs
Site plan
Foundations
Installation of restroom unit
Geotechnical report
Supply and installation of power, water, sewerage and stormwater facilities Roof Installation - To be completed on site, GC budget for 4 men 5 hours Inquire for roof installation instructions
Futurewood Batten Installation - To be completed on site, GC budget for 2 men 4 hours
Force Majeure Events: Delays or disruptions arising from industrial action, adverse weather conditions, shipping issues, or other external factors beyond the control of Exeloo
Delivery
Transport to site or depot excluding cranage
Construction
Floor Reinforced concrete
Frame DuraGal steel frame
Roof Skillion - Structural Insulated Panels (SIP) 75mm foam core roof Exterior Walls Compressed fiber cement sheet with epoxy paint ATTACHMENT A 387
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3068

Control Level
Control System Full electronic command with Programmable Logic Controller (PLC) Touch Screen Controller Touch screen controller interface located in the service bay to access unit statistics, diagnostics and program settings
Usage Statistics Touch screen access to enhanced usage, servicing and cubicle opening statistics as well as system diagnostics for improved asset management and control Automated Flush Toilet pan automatically flushes after use Electric Buttons Illuminated buttons for electric sliding door operation Door Locking Electric locking with illuminated electric buttons Auto-wash 5-stage automatic cubicle wash and refresh system Night Time Locking on Time
Clock
Adjustable lock up and unlock function to better manage opening and closing times. Reduces operational costs associated with security visits.

Timed Occupation Programmable use time control to reduce loitering and vandalism Loiter Alarm Pre-programmed voice messages to deter vagrancy and extended occupation Voice Messages
Pre-programmed voice messages to explain unit operation and to guide sight impaired users
Music / Announcements USB enabled music option to improve user experience and option to include public announcements
Fit Out Level
Interior Floors Ceramic Slip Resistant Tiles - Charcoal Interior Walls Ceramic Tiles - White
Door System Electric Operation of Sliding Door - Stainless Steel Door Closer Electric sliding door closer
Door Locking Electric locking with manual doors and illuminated electric buttons Interior Ceiling Underside of roof
Ventilation Louvered air gap around top of unit
Flush System Flush valve actuated automatically
Interior Lighting Surface mounted Light Emitting Diode (LED) lighting Exterior Lighting Surface mounted Light Emitting Diode (LED) lighting Basin Recessed 3 in 1 Integrated Sensor Operated Basin
Soap Dispenser Incorporated in the recessed 3 in 1 integrated sensor operated basin Hand Dryer Incorporated in the recessed 3 in 1 integrated sensor operated basin Paper Dispenser Recessed Electric and Manual Twin Jumbo Paper Dispenser Toilet Pan Stainless steel wall hung toilet pan with moulded hinged seat ATTACHMENT A 388
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3068

Signage Compliant signage including braille
Selected Optional Items
Baby Change Recessed
Stainless Steel
Recessed to retain circulation space with durable stainless steel enclosure.

Integrated straps to keep infants safe
Nappy / Sanitary Disposal
Chute - Large - Single
Discrete recessed stainless chute into a fire retardant bin. XL size to cope with adult diapers and baby nappies.

Remote Web-Based Monitoring
and Control (SIM card Modem)
Use remote web-based monitoring to receive detailed usage data and control some operational aspects of the toilet facility. Also receive a summarised monthly statistical report that highlights usage, queuing and service frequency and intervals.

Electronic Rotary Latch for
EMD8200
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Upgrade to Electronic Rotary
Latch for WS600
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Remote Monitoring Monthly Fee
Per Cubicle
Use remote web-based monitoring to receive summary usage data and control some operational aspects of the toilet facility. Monthly subscription to maintain on-line recording, administration and cloud storage of statistical data.

Clarifications
Validity Pricing is valid for sixty (60) days from date of this quotation Sanitary Disposal
If a sanitary disposal bin is included in your order, please ensure that arrangements are made to have this bin emptied regularly by a suitable sanitary waste contractor or, ensure that the cleaning contractor is willing to provide plastic bin liners to be removed and replaced on a weekly basis.

Color Exterior Exterior paint coating is Carbothane two pack, which is graffiti resistant. Colors to be chosen from an approved color chart.

Color Roof The standard roof color is white (Titania). Alternative Flashing colors can be selected from an approved color chart. Contact Exeloo for available colors.

Color Interior White walls and charcoal floors
ATTACHMENT A 389
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3068

Power Requirements
63 amp single phase, two leg supply . Termination points are supplied and located inside the service bay.

Water Requirements Heavy Duty flush valves are fitted as standard. Key features and information below:

IMPORTANT:

Water Consumption
Flush consumption is the same as a conventional cistern however, water is not stored in a reservoir so it will need to draw significant water in a short period.

Water supply at the connection point must have a minimum flow rate of 25 gallons per minute / per pan and a minimum dynamic pressure of 40psi.

A 1" water meter coupled to a 1-1/4" ID (1-1/2" OD) supply from the meter to the Exeloo unit is usually sufficient but this should be confirmed on-site. Meter size and pipe diameter will need to be increased for multiple buildings. Exeloo cannot accept responsibility for loss or damage associated with inadequate water supply.

Flush valves can be damaged by water pressure above 75psi and so a pressure limiter is included on the water supply line.

Where a Reduced Pressure Zone (RPZ) valve is required on the main supply feed there may be a negative impact on the flow rate. As a result a larger meter and supply pipe might be required.

If adequate flow rate and pressure cannot be achieved Exeloo can provide a cistern system. Contact Exeloo to discuss supply.

Sewer Outlet A standard 4" sewer connection socket is located in the service bay. CAUTION: The unit must be sited on its foundations before connection is made to the sewer outlet.

Floor Drains (Multi)
A 2" NPT socket floor waste drain is incorporated into the floor of each cubicle. Each floor drain will require a gully. One of the floor wastes should be connected to the Overflow Relief Gully (ORG).

Stormwater Outlet The 3" stormwater pipe supplied in the service bay must be connected to the stormwater system through the services hole located in the floor of the service bay.

Foundations
Foundation structure is two strip-type concrete foundations (18"x30"x7'6"). Refer to the Exeloo installation guide for details of the required strip foundation configuration.

Remote Monitoring Capability This quotation covers the hardware necessary to enable web based remote monitoring
A broadband connection is required to ensure stable internet access This quotation includes 24 months of access to the ExeWeb control website. After 24 months a monthly monitoring access fee will be charged to access site information on the ExeWeb control website .

A monthly monitoring access fee will be charged to access site information on the ATTACHMENT A 390
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3068

ExeWeb control website.

Storage / Insurance
Exeloo will store units free of charge for up to 10 days from date of arrival. After 10 days any costs of storage and insurance will be charged. Please contact Exeloo to make alternative storage arrangements if longer term storage is required. Storage will be billed weekly and typically under a different PO Construction Period Normal ex-factory lead times are within 24 weeks of a purchase order being accepted. An additional 4 weeks is required for shipping.

Payment Terms
Toilet Unit Supply Only 40% of total order value on acceptance of purchase order. 60% of total order value payable on ex-factory date.

Tax This quotation includes provision for the prevailing tax at time of quotation in the prescribed jurisdiction. Changes to tax conditions are the responsibility of the purchaser.

General Terms All funds are payable on public toilet or, if held in storage for more than 30 days, either by Exeloo or, others as a result of delays by others.

The Exeloo Public Toilet supplied is to be paid in full and will not carry any part of the clients retention responsibility. This is because the Exeloo Public Toilet is a completed and tested product and performance is covered under law.

Acceptance of your Purchase Order is conditional on your signed PO containing payment terms for performance of our-subcontract to build and supply.

Storage fees and cranage surcharges will apply for periods exceeding agreed delivery schedule.

Storage Insurance Care of purchaser.

Company Details
Exeloo Corp (USA)
EIN:

P O Box 13310 San Luis Obispo, CA 93406
Ph: 800 676 5290
ATTACHMENT A 391
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3069

PRICING CONFIRMATION
Stockton City
1465 So. Lincoln Street
Stockton California 95206
Site: Sousa Park
Salesperson: Richard Kendall
Date of
Original
Quotation:
05/22/2024
Date of this
Quoations:
05/23/2024
Valid Until : 07/21/2024
PROPOSED EXELOO Sousa Park - JUP22DD
All prices are exclusive of Tax

TOILET UNITS
Exeloo Jupiter Auto Twin Toilet JUP22DD 1.00 $193,900.00 $193,900.00 TOILET UNITS Total $193,900.00

SELECTED OPTIONAL ITEMS
Baby Change Recessed Stainless Steel 1.00 $2,600.00 $2,600.00 Nappy / Sanitary Disposal Chute - Large - Single 2.00 $1,400.00 $2,800.00 Remote Web-Based Monitoring and Control (SIM card
Modem)

2.00 $3,200.00 $6,400.00
Electronic Rotary Latch for EMD8200 2.00 $1,200.00 $2,400.00 Electronic Rotary Latch for WS600 2.00 $1,200.00 $2,400.00 HCD Inspection Fee 1.00 $3,000.00 $3,000.00
SELECTED OPTIONAL ITEMS Total $19,600.00

REMOTE MONITORING
Remote Monitoring Monthly Fee Per Cubicle 48.00 $46.00 $2,208.00 REMOTE MONITORING Total $2,208.00

DELIVERY
ATTACHMENT A 392
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3069

Delivery to Stockton Excluding Crane for Off Loading 1.00 $7,700.00 $7,700.00 DELIVERY Total $7,700.00
DELIVERED TOTAL $223,408.00
Tax Rate $20,106.72
DELIVERED TOTAL incl TAX $243,514.72
ATTACHMENT A 393
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3069

Inclusions | Exeloo Responsibility
Toilet Unit JUP22DD
Structural design and engineering of toilet
Design and associated drawings
HCD CA Approval
On site assistance, restroom commissioning and training Exclusions | Customer Responsibility
Building consent costs
Site plan
Foundations
Installation of restroom unit
Geotechnical report
Supply and installation of power, water, sewerage and stormwater facilities Roof Installation - To be completed on site, GC budget for 4 men 5 hours Inquire for roof installation instructions
Futurewood Batten Installation - To be completed on site, GC budget for 2 men 4 hours
Force Majeure Events: Delays or disruptions arising from industrial action, adverse weather conditions, shipping issues, or other external factors beyond the control of Exeloo
Delivery
Transport to site or depot excluding cranage
Construction
Floor Reinforced concrete
Frame DuraGal steel frame
Roof Skillion - Structural Insulated Panels (SIP) 75mm foam core roof Exterior Walls Compressed fiber cement sheet with epoxy paint ATTACHMENT A 394
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3069

Control Level
Control System Full electronic command with Programmable Logic Controller (PLC) Touch Screen Controller Touch screen controller interface located in the service bay to access unit statistics, diagnostics and program settings
Usage Statistics Touch screen access to enhanced usage, servicing and cubicle opening statistics as well as system diagnostics for improved asset management and control Automated Flush Toilet pan automatically flushes after use Electric Buttons Illuminated buttons for electric sliding door operation Door Locking Electric locking with illuminated electric buttons Auto-wash 5-stage automatic cubicle wash and refresh system Night Time Locking on Time
Clock
Adjustable lock up and unlock function to better manage opening and closing times. Reduces operational costs associated with security visits.

Timed Occupation Programmable use time control to reduce loitering and vandalism Loiter Alarm Pre-programmed voice messages to deter vagrancy and extended occupation Voice Messages
Pre-programmed voice messages to explain unit operation and to guide sight impaired users
Music / Announcements USB enabled music option to improve user experience and option to include public announcements
Fit Out Level
Interior Floors Ceramic Slip Resistant Tiles - Charcoal Interior Walls Ceramic Tiles - White
Door System Electric Operation of Sliding Door - Stainless Steel Door Closer Electric sliding door closer
Door Locking Electric locking with manual doors and illuminated electric buttons Interior Ceiling Underside of roof
Ventilation Louvered air gap around top of unit
Flush System Flush valve actuated automatically
Interior Lighting Surface mounted Light Emitting Diode (LED) lighting Exterior Lighting Surface mounted Light Emitting Diode (LED) lighting Basin Recessed 3 in 1 Integrated Sensor Operated Basin
Soap Dispenser Incorporated in the recessed 3 in 1 integrated sensor operated basin Hand Dryer Incorporated in the recessed 3 in 1 integrated sensor operated basin Paper Dispenser Recessed Electric and Manual Twin Jumbo Paper Dispenser Toilet Pan Stainless steel wall hung toilet pan with moulded hinged seat ATTACHMENT A 395
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3069

Signage Compliant signage including braille
Selected Optional Items
Baby Change Recessed
Stainless Steel
Recessed to retain circulation space with durable stainless steel enclosure.

Integrated straps to keep infants safe
Nappy / Sanitary Disposal
Chute - Large - Single
Discrete recessed stainless chute into a fire retardant bin. XL size to cope with adult diapers and baby nappies.

Remote Web-Based Monitoring
and Control (SIM card Modem)
Use remote web-based monitoring to receive detailed usage data and control some operational aspects of the toilet facility. Also receive a summarised monthly statistical report that highlights usage, queuing and service frequency and intervals.

Electronic Rotary Latch for
EMD8200
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Upgrade to Electronic Rotary
Latch for WS600
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Remote Monitoring Monthly Fee
Per Cubicle
Use remote web-based monitoring to receive summary usage data and control some operational aspects of the toilet facility. Monthly subscription to maintain on-line recording, administration and cloud storage of statistical data.

Clarifications
Validity Pricing is valid for sixty (60) days from date of this quotation Sanitary Disposal
If a sanitary disposal bin is included in your order, please ensure that arrangements are made to have this bin emptied regularly by a suitable sanitary waste contractor or, ensure that the cleaning contractor is willing to provide plastic bin liners to be removed and replaced on a weekly basis.

Color Exterior Exterior paint coating is Carbothane two pack, which is graffiti resistant. Colors to be chosen from an approved color chart.

Color Roof The standard roof color is white (Titania). Alternative Flashing colors can be selected from an approved color chart. Contact Exeloo for available colors.

Color Interior White walls and charcoal floors
ATTACHMENT A 396
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3069

Power Requirements
63 amp single phase, two leg supply . Termination points are supplied and located inside the service bay.

Water Requirements Heavy Duty flush valves are fitted as standard. Key features and information below:

IMPORTANT:

Water Consumption
Flush consumption is the same as a conventional cistern however, water is not stored in a reservoir so it will need to draw significant water in a short period.

Water supply at the connection point must have a minimum flow rate of 25 gallons per minute / per pan and a minimum dynamic pressure of 40psi.

A 1" water meter coupled to a 1-1/4" ID (1-1/2" OD) supply from the meter to the Exeloo unit is usually sufficient but this should be confirmed on-site. Meter size and pipe diameter will need to be increased for multiple buildings. Exeloo cannot accept responsibility for loss or damage associated with inadequate water supply.

Flush valves can be damaged by water pressure above 75psi and so a pressure limiter is included on the water supply line.

Where a Reduced Pressure Zone (RPZ) valve is required on the main supply feed there may be a negative impact on the flow rate. As a result a larger meter and supply pipe might be required.

If adequate flow rate and pressure cannot be achieved Exeloo can provide a cistern system. Contact Exeloo to discuss supply.

Sewer Outlet A standard 4" sewer connection socket is located in the service bay. CAUTION: The unit must be sited on its foundations before connection is made to the sewer outlet.

Floor Drains (Multi)
A 2" NPT socket floor waste drain is incorporated into the floor of each cubicle. Each floor drain will require a gully. One of the floor wastes should be connected to the Overflow Relief Gully (ORG).

Stormwater Outlet The 3" stormwater pipe supplied in the service bay must be connected to the stormwater system through the services hole located in the floor of the service bay.

Foundations
Foundation structure is two strip-type concrete foundations (18"x30"x7'6"). Refer to the Exeloo installation guide for details of the required strip foundation configuration.

Remote Monitoring Capability This quotation covers the hardware necessary to enable web based remote monitoring
A broadband connection is required to ensure stable internet access This quotation includes 24 months of access to the ExeWeb control website. After 24 months a monthly monitoring access fee will be charged to access site information on the ExeWeb control website .

A monthly monitoring access fee will be charged to access site information on the ATTACHMENT A 397
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3069

ExeWeb control website.

Storage / Insurance
Exeloo will store units free of charge for up to 10 days from date of arrival. After 10 days any costs of storage and insurance will be charged. Please contact Exeloo to make alternative storage arrangements if longer term storage is required. Storage will be billed weekly and typically under a different PO Construction Period Normal ex-factory lead times are within 24 weeks of a purchase order being accepted. An additional 4 weeks is required for shipping.

Payment Terms
Toilet Unit Supply Only 40% of total order value on acceptance of purchase order. 60% of total order value payable on ex-factory date.

Tax This quotation includes provision for the prevailing tax at time of quotation in the prescribed jurisdiction. Changes to tax conditions are the responsibility of the purchaser.

General Terms All funds are payable on public toilet or, if held in storage for more than 30 days, either by Exeloo or, others as a result of delays by others.

The Exeloo Public Toilet supplied is to be paid in full and will not carry any part of the clients retention responsibility. This is because the Exeloo Public Toilet is a completed and tested product and performance is covered under law.

Acceptance of your Purchase Order is conditional on your signed PO containing payment terms for performance of our-subcontract to build and supply.

Storage fees and cranage surcharges will apply for periods exceeding agreed delivery schedule.

Storage Insurance Care of purchaser.

Company Details
Exeloo Corp (USA)
EIN:

P O Box 13310 San Luis Obispo, CA 93406
Ph: 800 676 5290
ATTACHMENT A 398
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3059

PRICING CONFIRMATION
Stockton City
1465 So. Lincoln Street
Stockton California 95206
Site: Brotherhood Park
Salesperson: Richard Kendall
Date of
Original
Quotation:
05/22/2024
Date of this
Quoations:
05/23/2024
Valid Until : 07/21/2024
PROPOSED EXELOO Brotherhood Park - JUP22DD
All prices are exclusive of Tax

TOILET UNITS
Exeloo Jupiter Auto Twin Toilet JUP22DD 1.00 $193,900.00 $193,900.00 TOILET UNITS Total $193,900.00

SELECTED OPTIONAL ITEMS
Baby Change Recessed Stainless Steel 1.00 $2,600.00 $2,600.00 Nappy / Sanitary Disposal Chute - Large - Single 2.00 $1,400.00 $2,800.00 Remote Web-Based Monitoring and Control (SIM card
Modem)

2.00 $3,200.00 $6,400.00
Electronic Rotary Latch for EMD8200 2.00 $1,200.00 $2,400.00 Electronic Rotary Latch for WS600 2.00 $1,200.00 $2,400.00 HCD Inspection Fee 1.00 $3,000.00 $3,000.00
SELECTED OPTIONAL ITEMS Total $19,600.00

REMOTE MONITORING
Remote Monitoring Monthly Fee Per Cubicle 48.00 $46.00 $2,208.00 REMOTE MONITORING Total $2,208.00

DELIVERY
ATTACHMENT A 399
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3059

Delivery to Stockton Excluding Crane for Off Loading 1.00 $7,700.00 $7,700.00 DELIVERY Total $7,700.00
DELIVERED TOTAL $223,408.00
Tax Rate $20,106.72
DELIVERED TOTAL incl TAX $243,514.72
ATTACHMENT A 400
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3059

Inclusions | Exeloo Responsibility
Toilet Unit JUP22DD
Structural design and engineering of toilet
Design and associated drawings
HCD CA Approval
On site assistance, restroom commissioning and training Exclusions | Customer Responsibility
Building consent costs
Site plan
Foundations
Installation of restroom unit
Geotechnical report
Supply and installation of power, water, sewerage and stormwater facilities Roof Installation - To be completed on site, GC budget for 4 men 5 hours Inquire for roof installation instructions
Futurewood Batten Installation - To be completed on site, GC budget for 2 men 4 hours
Force Majeure Events: Delays or disruptions arising from industrial action, adverse weather conditions, shipping issues, or other external factors beyond the control of Exeloo
Delivery
Transport to site or depot excluding cranage
Construction
Floor Reinforced concrete
Frame DuraGal steel frame
Roof Skillion - Structural Insulated Panels (SIP) 75mm foam core roof Exterior Walls Compressed fiber cement sheet with epoxy paint ATTACHMENT A 401
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3059

Control Level
Control System Full electronic command with Programmable Logic Controller (PLC) Touch Screen Controller Touch screen controller interface located in the service bay to access unit statistics, diagnostics and program settings
Usage Statistics Touch screen access to enhanced usage, servicing and cubicle opening statistics as well as system diagnostics for improved asset management and control Automated Flush Toilet pan automatically flushes after use Electric Buttons Illuminated buttons for electric sliding door operation Door Locking Electric locking with illuminated electric buttons Auto-wash 5-stage automatic cubicle wash and refresh system Night Time Locking on Time
Clock
Adjustable lock up and unlock function to better manage opening and closing times. Reduces operational costs associated with security visits.

Timed Occupation Programmable use time control to reduce loitering and vandalism Loiter Alarm Pre-programmed voice messages to deter vagrancy and extended occupation Voice Messages
Pre-programmed voice messages to explain unit operation and to guide sight impaired users
Music / Announcements USB enabled music option to improve user experience and option to include public announcements
Fit Out Level
Interior Floors Ceramic Slip Resistant Tiles - Charcoal Interior Walls Ceramic Tiles - White
Door System Electric Operation of Sliding Door - Stainless Steel Door Closer Electric sliding door closer
Door Locking Electric locking with manual doors and illuminated electric buttons Interior Ceiling Underside of roof
Ventilation Louvered air gap around top of unit
Flush System Flush valve actuated automatically
Interior Lighting Surface mounted Light Emitting Diode (LED) lighting Exterior Lighting Surface mounted Light Emitting Diode (LED) lighting Basin Recessed 3 in 1 Integrated Sensor Operated Basin
Soap Dispenser Incorporated in the recessed 3 in 1 integrated sensor operated basin Hand Dryer Incorporated in the recessed 3 in 1 integrated sensor operated basin Paper Dispenser Recessed Electric and Manual Twin Jumbo Paper Dispenser Toilet Pan Stainless steel wall hung toilet pan with moulded hinged seat ATTACHMENT A 402
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3059

Signage Compliant signage including braille
Selected Optional Items
Baby Change Recessed
Stainless Steel
Recessed to retain circulation space with durable stainless steel enclosure.

Integrated straps to keep infants safe
Nappy / Sanitary Disposal
Chute - Large - Single
Discrete recessed stainless chute into a fire retardant bin. XL size to cope with adult diapers and baby nappies.

Remote Web-Based Monitoring
and Control (SIM card Modem)
Use remote web-based monitoring to receive detailed usage data and control some operational aspects of the toilet facility. Also receive a summarised monthly statistical report that highlights usage, queuing and service frequency and intervals.

Electronic Rotary Latch for
EMD8200
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Upgrade to Electronic Rotary
Latch for WS600
Service Bay operated latch system ensures no latch and lock visible to the public to eliminate public interference with the mechanisms
Remote Monitoring Monthly Fee
Per Cubicle
Use remote web-based monitoring to receive summary usage data and control some operational aspects of the toilet facility. Monthly subscription to maintain on-line recording, administration and cloud storage of statistical data.

Clarifications
Validity Pricing is valid for sixty (60) days from date of this quotation Sanitary Disposal
If a sanitary disposal bin is included in your order, please ensure that arrangements are made to have this bin emptied regularly by a suitable sanitary waste contractor or, ensure that the cleaning contractor is willing to provide plastic bin liners to be removed and replaced on a weekly basis.

Color Exterior Exterior paint coating is Carbothane two pack, which is graffiti resistant. Colors to be chosen from an approved color chart.

Color Roof The standard roof color is white (Titania). Alternative Flashing colors can be selected from an approved color chart. Contact Exeloo for available colors.

Color Interior White walls and charcoal floors
ATTACHMENT A 403
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3059

Power Requirements
63 amp single phase, two leg supply . Termination points are supplied and located inside the service bay.

Water Requirements Heavy Duty flush valves are fitted as standard. Key features and information below:

IMPORTANT:

Water Consumption
Flush consumption is the same as a conventional cistern however, water is not stored in a reservoir so it will need to draw significant water in a short period.

Water supply at the connection point must have a minimum flow rate of 25 gallons per minute / per pan and a minimum dynamic pressure of 40psi.

A 1" water meter coupled to a 1-1/4" ID (1-1/2" OD) supply from the meter to the Exeloo unit is usually sufficient but this should be confirmed on-site. Meter size and pipe diameter will need to be increased for multiple buildings. Exeloo cannot accept responsibility for loss or damage associated with inadequate water supply.

Flush valves can be damaged by water pressure above 75psi and so a pressure limiter is included on the water supply line.

Where a Reduced Pressure Zone (RPZ) valve is required on the main supply feed there may be a negative impact on the flow rate. As a result a larger meter and supply pipe might be required.

If adequate flow rate and pressure cannot be achieved Exeloo can provide a cistern system. Contact Exeloo to discuss supply.

Sewer Outlet A standard 4" sewer connection socket is located in the service bay. CAUTION: The unit must be sited on its foundations before connection is made to the sewer outlet.

Floor Drains (Multi)
A 2" NPT socket floor waste drain is incorporated into the floor of each cubicle. Each floor drain will require a gully. One of the floor wastes should be connected to the Overflow Relief Gully (ORG).

Stormwater Outlet The 3" stormwater pipe supplied in the service bay must be connected to the stormwater system through the services hole located in the floor of the service bay.

Foundations
Foundation structure is two strip-type concrete foundations (18"x30"x7'6"). Refer to the Exeloo installation guide for details of the required strip foundation configuration.

Remote Monitoring Capability This quotation covers the hardware necessary to enable web based remote monitoring
A broadband connection is required to ensure stable internet access This quotation includes 24 months of access to the ExeWeb control website. After 24 months a monthly monitoring access fee will be charged to access site information on the ExeWeb control website .

A monthly monitoring access fee will be charged to access site information on the ATTACHMENT A 404
Exeloo Corp (USA) | GST: | P O Box 13310 San Luis Obispo, CA 93406 | Ph: 800 676 5290 | Fax:

PRICING CONFIRMATION NO. 3059

ExeWeb control website.

Storage / Insurance
Exeloo will store units free of charge for up to 10 days from date of arrival. After 10 days any costs of storage and insurance will be charged. Please contact Exeloo to make alternative storage arrangements if longer term storage is required. Storage will be billed weekly and typically under a different PO Construction Period Normal ex-factory lead times are within 24 weeks of a purchase order being accepted. An additional 4 weeks is required for shipping.

Payment Terms
Toilet Unit Supply Only 40% of total order value on acceptance of purchase order. 60% of total order value payable on ex-factory date.

Tax This quotation includes provision for the prevailing tax at time of quotation in the prescribed jurisdiction. Changes to tax conditions are the responsibility of the purchaser.

General Terms All funds are payable on public toilet or, if held in storage for more than 30 days, either by Exeloo or, others as a result of delays by others.

The Exeloo Public Toilet supplied is to be paid in full and will not carry any part of the clients retention responsibility. This is because the Exeloo Public Toilet is a completed and tested product and performance is covered under law.

Acceptance of your Purchase Order is conditional on your signed PO containing payment terms for performance of our-subcontract to build and supply.

Storage fees and cranage surcharges will apply for periods exceeding agreed delivery schedule.

Storage Insurance Care of purchaser.

Company Details
Exeloo Corp (USA)
EIN:

P O Box 13310 San Luis Obispo, CA 93406
Ph: 800 676 5290
ATTACHMENT A 405
City of Stockton
Legislation Text
File #: 24-0249, Version: 1

ADOPT RESOLUTION TO APPROPRIATE FUNDS AND AWARD A PROFESSIONAL SERVICES

CONTRACT FOR THE VISION ZERO ACTION PLAN

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Appropriate funds in the amount of $161,500 from the Measure K Fund Balance to the Vision Zero Action Plan, Project No. WT23042.

2. Appropriate funds in the amount of $646,000 from the Safe Streets and Roads for All Action Plan grant program to the Vision Zero Action Plan, Project No. WT23042.

3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

4. Award a Professional Services Contract to Fehr and Peers of Stockton, CA, in the amount of $539,186.42, for professional services to develop a Vision Zero Action Plan, Project No.

WT23042.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
On September 13, 2022, the City submitted a grant application to develop a Vision Zero Safety Action Plan under the Safe Streets and Roads for All (SS4A) - Action Plan grant program. The City was selected as a grant recipient in the amount of $646,000. The grant allows the City to develop a comprehensive Vision Zero Safety Action Plan aimed at eliminating roadway fatalities and serious injuries. In December 2023, Council authorized the City Manager to execute a grant agreement under the Federal Fiscal Year (FY) 2022 SS4A grant program with the U.S. Department of Transportation Federal Highway Administration.

On October 19, 2023, the City advertised a Request for Proposals (RFP) to develop a Vision Zero Action Plan, Project No. WT23042. On November 15, 2023, three firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Fehr and Peers of Stockton, CA, to be qualified to perform the scope of work on this project.

It is recommended that Council adopt a resolution appropriating funds and authorizing the City Manager to execute a Professional Services Contract in the amount of $539,186.42 to Fehr and Peers for professional services. It is anticipated that the Vision Zero Action Plan will be completed by spring 2025, with a final report submitted to the Federal Highway Administration by winter 2025.

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File #: 24-0249, Version: 1

DISCUSSION
Background
On November 15, 2021, President Biden signed the Bipartisan Infrastructure Law which, in part, established the new SS4A discretionary program. The SS4A program helps fund initiatives that help prevent roadway deaths and serious injuries. Five billion dollars were appropriated in FY 2022-2026.

The City, with over 300,000 residents, has a robust transportation network with many roadway safety challenges. Roadway corridors must share the right-of-way amongst vehicles, bicyclists, and pedestrians. Achieving safe accommodations for all users is challenging, especially for non-motor vehicle users.

On September 13, 2022, the City submitted a grant application in the amount of $807,500 to develop a Vision Zero Safety Action Plan under the SS4A - Action Plan grant program. The City’s application proposes to develop a comprehensive Vision Zero Safety Action Plan aimed at eliminating roadway fatalities and serious injuries. On February 7, 2023, Public Works’ grant application was approved for funding in the amount of $646,000 for FY 2022 of the SS4A grant program. The City is required to provide a local match in the amount of $161,500. The grant allows the City to develop a comprehensive Vision Zero Safety Action Plan aimed at eliminating roadway fatalities and serious injuries. In December 2023, Council authorized the City Manager to execute a grant agreement under the Federal FY 2022 SS4A grant program with the U.S. Department of Transportation Federal Highway Administration.

Present Situation
On October 19, 2023, the City advertised an RFP to develop a Vision Zero Action Plan, Project No.

WT23042. On November 15, 2023, three proposals were received from the following firms:
· Fehr and Peers (Stockton, CA)
· Nelson\Nygaard (San Francisco, CA)
· TJKM Transportation Consultants (Pleasanton, CA)
The Selection Committee, comprised of Public Works and Community Development staff, evaluated the proposals based on each firm’s understanding of work, experience with similar kinds of work, staff qualifications, technical ability, and project approach. Fehr and Peers was found to be the most qualified to perform the scope of work on this project. Staff negotiated a fee of $539,186.42 with Fehr and Peers for professional services, which is reasonable for a project of this size and complexity. In addition, the fee is within the total $807,500 in funding (federal plus local match) available for this project. Remaining funding is allotted for staff administration and contingency.

The grant agreement period of performance is 24 months from the effective date (December 28, 2023) of the grant agreement. It is anticipated that the Vision Zero Action Plan will be completed by spring 2025, with a final report submitted to the Federal Highway Administration by winter 2025.

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File #: 24-0249, Version: 1
It is recommended that Council adopt a resolution appropriating funds and authorizing the City Manager to execute a Professional Services Contract in the amount of $539,186.42 to Fehr and Peers for professional services to develop a Vision Zero Action Plan, Project No. WT23042.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. The City does not have sufficient staff available to design this project for bidding.

2. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of this criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
The resolution will sufficiently fund all costs to successfully complete the Vision Zero Action Plan, Project No. WT23042, including City staff costs and design contingency.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROPRIATING FUNDING AND AWARDING A PROFESSIONAL SERVICES CONTRACT FOR THE VISION ZERO ACTION PLAN, PROJECT NO.

WT23042
On October 19, 2023, the City advertised a Request for Proposals (RFP) to develop a comprehensive Vision Zero Action Plan, Project No. WT23042. Three proposals were received; and
The project proposes to develop a comprehensive Vision Zero Safety Action Plan aimed at eliminating roadway fatalities and serious injuries; and After a review of the proposals, it was determined that Fehr and Peers has the necessary knowledge, experience, and staff to perform the required work. Staff negotiated a fee of $539,186.42 with Fehr and Peers to develop a Vision Zero Action Plan, Project No. WT23042; and
Appropriation of funds is needed to fund all remaining costs to complete the action plan documents and staff costs; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the appropriation of funds in the amount of $161,500.00 from the Measure K Fund Balance to the Vision Zero Action Plan, Project No. WT23042.

2. The City Council approves the appropriation of funds in the amount of $646,000.00 from the Safe Streets and Roads for All Action Plan grant program to the Vision Zero Action Plan, Project No. WT23042.

3. The City Council approves findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process.

These findings include:

A. The City does not have sufficient staff available to design this project for bidding.

B. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. 409
Use of this criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.

C. The City negotiated a contract following solicitation of comprehensive proposals in accordance with SMC section

3.68.070.A.3.

4. The City Council awards a Professional Services Contract between the City of Stockton and Fehr and Peers, in the amount of $539,186.42, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

5. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED June 18, 2024 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
410
Professional Services Contract – FEHR AND PEERS – PROJECT NO. WT23042 (Updated 10/18/23)

PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2024, between the CITY OF STOCKTON, a municipal corporation (“City”), and FEHR AND PEERS whose address is 343 EAST MAIN STREET, STOCKTON, CA 95202 (“Consultant”) for the VISION ZERO ACTION PLAN (PROJECT NO. WT23042), hereinafter referred to as "Project".

RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.

2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $539,186.42 or as otherwise mutually agreed to in a Contract Amendment.

3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit D and shall otherwise comply with the other provisions of Exhibit D.

4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or

Professional Services Contract – FEHR AND PEERS – PROJECT NO. WT23042 (Updated 10/18/23)
relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault.

This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit C according to the schedule detailed in Exhibit C, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on August 30, 2028, unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

Professional Services Contract – FEHR AND PEERS – PROJECT NO. WT23042 (Updated 10/18/23)

b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract
agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2. d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

Professional Services Contract – FEHR AND PEERS – PROJECT NO. WT23042 (Updated 10/18/23)

ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws.

Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to

Professional Services Contract – FEHR AND PEERS – PROJECT NO. WT23042 (Updated 10/18/23)

complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.

8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.

11. TERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant

Professional Services Contract – FEHR AND PEERS – PROJECT NO. WT23042 (Updated 10/18/23)

shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.

The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

15. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: Fehr and Peers To City: Public Works Director 343 East Main Street City of Stockton
Stockton, CA 95202 22 E. Weber Ave., Rm. 301
Stockton, CA 95202

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant

Professional Services Contract – FEHR AND PEERS – PROJECT NO. WT23042 (Updated 10/18/23)
covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.

Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

20. WAIVER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

21. GOVERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for

EXHIBIT 1 418
Detailed
Work Plan
Our Approach
We will apply industry best practices, local knowledge, as well as local relevant data to develop the City of Stockton’s Vision Zero Action Plan and ensure it meets or exceeds USDOT’s eligibility requirements for SS4A implementation funds. In addition to grant funding considerations, for the plan to be successful, it needs to identify implementable projects and actionable strategies city staff can advance to make
meaningful progress towards Vision Zero while also navigating the constraints of limited staff time and resources.

Our approach to execute the work plan is to make use of the following attributes throughout the plan’s development:

PROACTIVE & COLLABORATIVE COMMUNICATION WITH CITY
STAFF
We will proactively communicate upcoming work milestones, assumptions, and flag any critical decisions or potential issues for discussion. We will also share preliminary draft findings and results to create opportunities for collaboration and feedback to ensure plan development aligns with how staff can use the plan to advance implementation.

RESPONSIVE & CAPABLE CONSULTANT TEAM LEADERSHIP
Our team is a strong blend of local experience, local
relationships, and national expertise. The consultant team leadership, led by Kari McNickle and supported by Erin
Ferguson, Meghan Mitman, and Adrian Engle, are known for their responsiveness towards timelines and the ability to anticipate and address project needs proactively. Our project team leadership is well-equipped to lead city staff through development of the city’s first Vision Zero Action Plan by integrating best practices that are tailored to Stockton.

ESTABLISHED A MULTIDISCIPLINARY CONSULTANT TEAM
We bring the city a multidisciplinary team that can
independently fulfill all aspects related to the plan’s development as well as set a clear path for implementation.

This allows city staff to provide focused and strategic input for the plan while continuing to balance other responsibilities.

EXTENSIVE DEPTH IN TECHNICAL EXPERTISE
In addition to bringing experience conducting safety technical analysis to inform Vision Zero Action Plans and other safety planning documents, the individuals on our team also spend time understanding how industry practice is evolving in relation to best practices. We invest our own time and
resources towards developing and updating internal technical tools that enable us to provide the city with high quality, best practice inclusive, and efficient analysis results that will inform core elements of the Vision Zero Action Plan (e.g., priority safety corridors, focus areas, countermeasures).

EXTENSIVE EXPERIENCE CONDUCTING MEANINGFUL

ENGAGEMENT IN STOCKTON
We have proactively led outreach and engagement efforts on a wide array of projects and will leverage our connections to the community and pivotal stakeholders to quickly build an effective coalition of partners for the project. We will be supported by AIM in these efforts, who have an extensive list of active contacts throughout the community that they actively correspond with, as well as a robust engagement pipeline designed to meet people where they are and encourage active participation in multiple languages.

EXTENSIVE EXPERIENCE HELPING AGENCIES OF ALL SIZES &

BACKGROUNDS SHIFT TO & ADOPT VISION ZERO POLICY
Our team has helped numerous agencies adopt a Vision Zero Policy and brings lessons learned and examples of the
different ways that can take form. Our experience includes regional organizations like NVTA and CCTA; as well as larger cities with diverse populations such as San Francisco, San Jose, Los Angeles, and Sacramento; and more moderate sized cities such as Modesto, Oakland, Merced, and Fremont.

EXHIBIT A Page 9 of 37 EXHIBIT 1 419
Work Plan & Schedule
The following presents the Fehr & Peers team’s work plan to complete the City of Stockton’s Vision Zero Action Plan.

Task 1. Project Management
Our team will work with the City of Stockton to finalize the work plan and schedule for the Vison Zero Action Plan. We will coordinate with the city to organize a kick-off meeting to discuss the scope of work, goals, objectives, tasks, schedule, and communication channels.

The kick-off meeting will include a general discussion of how the tasks described below will be completed. Task 1 will also include all work related to project management, including invoices, progress reports, and periodic check-ins. We will prepare and provide a draft data request list as part of the kick-off meeting’s preparation and agenda. Following the kickoff meeting, the project team will schedule biweekly virtual check-ins to provide updates on work activities, deliverables, and troubleshoot potential challenges.

TASK 1 DELIVERABLES
• Establish contract management and quality control
process
• Conduct and provide materials for project kick-off
meeting
• Draft data request list
• Attend biweekly virtual check-in meetings with the project team (36, 30-minute calls)
• Provide monthly invoices and progress reports
• Provide meeting agendas and minutes for all meetings
Task 2. Develop Vision Zero Policy
Task 2.1. Industry Practice Review
A full commitment to the Vision Zero goal requires more than a statement in a safety action plan, identification of a goal year, and a prioritized list of safety projects. Fully committing to Vision Zero and following the Safe System approach
necessitates a fundament pivot whereby: 1) safety is infused into all programs, policies, and practices within the agency, and 2) existing agency approaches, budgets, and priorities are reconsidered where they conflict with Safe System principles.

Fehr & Peers developed a benchmarking tool for FHWA as part of the Primer on the Safe System Approach for Pedestrians and Bicyclists to support agencies in performing this
assessment versus industry best practice. We are expanding and updating these best practices through our ongoing work on NCHRP 08-171: Institutionalizing the Safe System Approach in Transportation Planning and Programming. We will
reference both resources in determining key opportunity areas to institutionalize Vision Zero in Stockton, while also documenting the many areas where the city is already
excelling in their commitment to safety planning, funding, and implementation.

This task will also identify how traffic calming, safe routes to school, AV planning, and other efforts can roll up into an overall city process for identifying and programming safety and safety-infused projects. We will draw from recent
Complete Streets implementation efforts for these
recommendations, such as the (draft) framework and funding approach developed for the Nashville Department of
Transportation & Multimodal Infrastructure (NDOT).

Task 2.2. Work Session with City
To ensure the Vision Zero commitment extends beyond a
small group of initial champions, we suggest that the Vision Zero Policy and implementation approach be developed with a team of elected officials, city staff, and key community members or advocates. This group may benefit from some
initial training or capacity building on the Safe System fundamentals and what their respective roles will be in the pivot to Vision Zero. Following this training, we will review the draft benchmarking assessment with the group to determine which implementation steps the city will follow to
institutionalize Vision Zero. We will also review the key elements of Vision Zero policy.

Task 2.3. Draft & Final Vision Zero Policy
The Vision Zero Policy will include several components:
• Commitment language in the plan, including a target year for eliminating KSIs in Stockton.
• A City Council resolution formalizing this commitment and directing staff to take action to implement the Safe System Approach in support of it.

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• An accompanying staff report that clarifies what changes will occur in Stockton because of the policy (in line with the findings from the benchmarking assessment), and an
accountability plan for monitoring progress and
adherence.

Work completed in this task will also inform proposed General Plan policy language in Task 12.

TASK 2 DELIVERABLES
• Draft Vision Zero Policy
• Final Vision Zero Policy
• Materials and draft message for city leaders for City Council and commission meetings
Task 3. Data Collection, Existing
Conditions, & Analysis
Task 3.1. Collision & Contextual Database
Development
The project team will conduct a review of existing applicable documents regarding transportation safety within the city. The project team will review and incorporate data sources from previously completed work, including but not limited to, the Stockton SSAR and LRSP, Stockton Bicycle Master Plan, Greater Downtown ATP, and other relevant corridor studies and precise road plans.

The project team will also perform a systemic, data-driven assessment of collisions throughout the city using collision data from the most recent 10 years to establish a baseline level of crashes involving fatalities and serious injuries.

Potential data sources include 5 -years of injury collisions data from TIMS database (GIS database format), contextual data such as roadway characteristics, speed data (e.g., posted speed limits, speed surveys, big data sources such as StreetLight data, INRIX), connected vehicle data, AADT, turning movement
counts, active transportation related data, hospital data, and community concerns.

Additionally, the project team will incorporate datasets that provide additional insights on underserved communities to capture equity considerations. Focus will be put towards identifying areas that are low-income; have a high percentage of minorities and seniors; and lack of access to private vehicles, community centers, schools, etc.

The project team will coordinate with City staff to confirm key database attributes are consistent with existing conditions.

The project team will also gather input from members of the Vision Zero Task Force and community members to
supplement database attributes with stakeholder and
community members’ lived experiences and observations.

The database and subsequent data analysis will accomplish the following:
• Identify crash patterns, rates, and trends on all
intersections and roadway segments.
• Identify the location(s), severity, contributing factors, and types of crashes.
• Identify both focused and systemic issues related to roadway characteristics, land use, and/or other factors indicative of increased crash risk.

Integrate input from public engagement activities (conducted as part of Task 4.3).

The database and analysis findings will inform materials used in community engagement activities as well as inform
identifying Vision Zero corridors and focus areas,
countermeasures, and ultimate recommendations included in the Vision Zero Action Plan.

The project team will supplement the collision data with context, such as:
• Land uses and major trip generators
• Demographic data
• Property boundaries
• Traffic volume and vehicle speed surveys
• Posted speed
• Bicycle and pedestrian counts
• Existing bicycle facilities
• Bicycle level of traffic stress
• Bus stop locations, ridership, and facilities
• Sidewalk inventory
• ADA curb ramp inventory and/or ADA Transition Plan
• Crosswalk inventory
• In-progress transportation projects
Task 3.2. Review Existing Plans & Projects
Whereas Task 2 will focus primarily on reviewing policies and programs, Task 3.2 will focus on adopted plans and projects.

The project team will review and document existing road safety projects, master plans, and guidelines, including but EXHIBIT A Page 11 of 37 EXHIBIT 1 421
not limited to the Stockton General Plan 2040, Stockton Bicycle Master Plan, Greater Downtown ATP, the Stockton SSAR and LRSP, and the current Capital Improvement
Program (CIP). This will build upon our recently completed project inventory conducted as part of the city’s in-progress Master Infrastructure Plan, which documented and mapped all upcoming transportation projects in GIS. We will also track and incorporate in-progress grant funding efforts, such as the city’s recent successful efforts to secure funding for systemic safety improvements along Hammer Lane and Wilson Way,
multiple pedestrian hybrid beacons and hotspot locations, and guardrail repair projects. The resulting review and inventory will be provided to the city in GIS format with an accompanying technical memorandum highlighting any inprogress or near term projects that may be located along Vision Zero corridors.

TASK 3 DELIVERABLES
• Collision database in GIS format, enhanced with
contextual data
• Maps and graphics visually summarizing findings from
collision landscape analysis.
• Existing Plans and Projects Memorandum and Dataset
Task 4. Community Engagement,
Workshops, Vision, Mission
Statement, & Goals
Task 4.1. Vision Zero Task Force
A core element of Vision Zero programs is creating a Vision Zero Task Force to engage key stakeholders that represent different communities and interests. The development of a Vision Zero Task Force will ensure the Task Force is
responsible and accountable for the development,
implementation, and monitoring phases of the Action Plan.

The project team will work with city staff to identify city partners and stakeholders to provide feedback to improve roadway safety. This can include Caltrans, California Highway Patrol, San Joaquin County Sheriff, City of Stockton Police Department, City of Stockton Fire Department, city leaders and elected officials, Stockton Unified School District, Lodi Unified School District, Transit District, San Joaquin County, County Health
Department, Public Works, Maintenance, Emergency
Responders, Community-Based Organizations such as Little Manila Rising or The HUB (Helping Urban Bicyclists), and nearby jurisdictions such as the cities of Lodi, Lathrop, Manteca, etc.

The project team will establish a roster and membership. City staff still will assist as feasible in providing individuals contact information. The project team will set meetings during the plan’s development. The project team will create a charter or charter-like document to enable the Task Force to continue in its implementation and monitoring role after the plan has been completed. The project team will organize and facilitate up to three Vision Zero Task Force meetings during the plan’s development. One meeting will be conducted in a hybrid format (in-person and virtual) and two meetings will be held virtually.

The timing of the Task Force meetings and level of Task Force involvement will be determined during the project kick-off meeting in Task 1.

The Vision Zero Task Force Meetings are anticipated to discuss the following topics:
• Kick off, purpose, and role during plan development and beyond. Data collection and existing conditions analysis including presentation of the collision and updates on
community engagement activities.
• Vision Zero corridors, countermeasures, policy and
process review, and community engagement activities.
• Discussion of draft-final Action Plan including approach for monitoring and tracking progress into the future.

Task 4.2. Community Engagement Plan
Comprehensive community engagement is a critical
requirement of developing a federally compliant CSAP.

Specifically, plans should include engagement with both public and private sector stakeholders and community groups and consider equity through an inclusive and representative process. Creating community support for Vision Zero Policy and related recommendations through this process is critical for ensuring ongoing support for implementation. To reflect this, we propose a higher number of community engagement activities than called for in the RFP, as detailed below.

The project team will work with city staff to create a public engagement approach and identify relevant stakeholders, including community groups, community-based organizations, local leaders, PTA members, local business owners, etc.

Examples of these groups include the following:

EXHIBIT A Page 12 of 37 EXHIBIT 1 422
• Little Manila Rising
• South Stockton Mobility Collective
• Catholic Charities
• The HUB
• San Joaquin Bike Coalition
• Gospel Center Rescue Mission
• San Joaquin Delta College
• Downtown Stockton Alliance
• El Concilio
The project team will create a database of potentially (or confirmed) interested parties, which will be updated and maintained throughout the project. Engagement will include special attention to underserved communities and ensure that the means and tools for participation are accessible to residents regardless of spoken language, level of education, income, or geographic location. Times and locations for activities will accommodate the varying needs, schedules, and unique contexts for targeting underserved populations across the city, and language and approaches will be adapted based on the audience.

A project branding package will also be developed to create a consistent look and feel for the project and be used in all project materials. A consistent name and brand will make the project easily identifiable to the public and support ongoing education and implementation efforts after the CSAP process is complete.

Task 4.3. Community Engagement Activities
Community engagement is a key component of the Plan process, ensuring that community stakeholders have ample opportunity to identify issues, influence outcomes, and participate in final recommendations. It is tantamount to educate community
members on what it means to focus on eliminating severe injuries and fatalities on public roads within the city, why this is important, and how can they be involved.

To ensure a broad cross section of voices and experiences are represented in the process, sub-areas will be identified (e.g., by council district) for focused in-person or virtual
engagement. We propose hosting up to two engagement
activities per sub-area, which can include things such as community meetings, walk audits, or small group listening sessions, for a total of 12 targeted activities. Additionally, virtual engagement will allow for participation through a project website, interactive webmap, and virtual resources.

Engagement materials will be prepared in English and/or Spanish as identified in the Community Engagement Plan. The consultant team will prepare promotional materials for
engagement activities and will identify the audience/mediums for where the promotional materials should be used. The City will be responsible for distributing the promotional materials.

Targeted engagement will be supplemented by two citywide workshops which will occur at key junctions throughout the project. These junctions can include, for example, during the launch of the project to collect information on people’s experiences and perceptions of safety within the city, during the identification of corridors and focus areas, and ahead of the final plan to discuss implementation and longevity of the process.

Outreach efforts will be supported by AIM Consulting. AIM will be responsible for confirming meeting locations, hosting virtual events, scheduling events, preparing materials for events, coordinating translation of materials, tracking attendance and comments, and preparing reports/summaries regarding outcome of each activity. Engagement materials will be provided in PDF and JPG format to the City. For direct mail, AIM will provide a list of addresses. City staff will be responsible for disseminating all promotional materials for the engagement events, including mailing and printing for direct mail pieces.

Task 4.4. Vision, Mission Statement, & Goals
Establishing a Vision Zero goal and developing a Vision Zero Action Plan includes adopting the Safe System approach
across the entire transportation system to reduce death and serious injuries. The Safe System approach shifts
responsibilities away from individual road users and
approaches safety from multiple angles by incorporating street designs that promote safe speeds, accounting for potential human error, and including education and
enforcement efforts.

The project team will develop a vision, mission statement, and goals based on local, regional, and state and federal
guidelines, as well as through interactions with city staff. The project team will also incorporate relevant findings and information from previous tasks as well as input from the Vision Zero Task Force.

EXHIBIT A Page 13 of 37 EXHIBIT 1 423
TASK 4 DELIVERABLES
• Provide meeting agendas and minutes for all meetings
• Prepare materials for, execute, facilitate, and conduct appropriate follow-up for up to four Vision Zero Task
Force meetings during the plan’s development
• Create a Vision Zero Task Force charter describing the roles of task force and processes for the task force to monitor and implement the Action Plan
• Draft and Final Engagement Plan
• Online survey
• Interactive webmap
• Project website
• Engagement materials (hard -copies and online,
translated into Spanish)
• Up to two citywide workshops
• Up to 12 virtual or in person events
• Memorandum documenting vision, mission statement,
and goals
• Summary presentation for Vision Zero Task Force
meetings
Task 5. Identification of Vision Zero
Corridors & Focus Areas
The project team will develop a vision zero priority safety corridors map using the collision database from Task 3.1. The vision zero corridors map will identify locations that experience systemic issues (i.e., locations with characteristics indicative of crash risk) as well as priority locations due to a history of severe collisions. The geospatial map will also highlight high-risk locations, with input from public engagement (Task 4 ).

Building on the vision zero corridors map and collision landscape analysis, the project team will define up to five focus areas that describe primary factors leading to fatalities and severe injuries. The focus areas will identify opportunities to enhance road safety most relevant to the city and identify locations for systemic treatments.

TASK 5 DELIVERABLES
• Multimodal Vision Zero corridors map
• Up to five focus areas that define key factors associated with fatal and severe injuries
Task 6. Identification of Vision Zero
Countermeasures
The project team will identify countermeasures relevant to five of the Vision Zero priority safety corridors identified in Task 5. The information will be organized in a manner that is useful for city staff to take future steps towards implementation. The project team will work with city staff to determine the most useful format. It could take the form of aerial-based figures for each corridor that identify approximate locations for countermeasures supplemented by a table or matrix summary of countermeasures per priority safety corridor, effectiveness of each countermeasure, and unique implementation considerations. The project team will provide order of magnitude planning level cost estimates for each of the five priority corridors.

In addition to the countermeasures per priority safety corridor, the project team will identify up to 10 low cost, systemic countermeasures that could be used by City staff to address focus areas identified in Task 5. The low cost, systemic
countermeasureswould be organized as a targeted toolbox with information such as effectiveness and implementation
considerations. The countermeasures will align with the focus areas and systemic safety findings from Task 3 and Task 5.

TASK 6 DELIVERABLES
• Countermeasures for five priority safety corridors
• Low-cost, systemic countermeasure toolbox
Task 7. Capital Improvements
Project List for Vision Zero Action
Plan
Task 7.1. Prioritization Criteria & Approach
The project team will work closely with the Vision Zero Task Force to develop a set of criteria that will help evaluate and prioritize projects within the priority safety corridors. The criteria will prioritize findings from Task 3 and Task 4, while considering other factors such as rights-of-way, utility conflicts, discretionary approvals, and cost. The project team will also perform an Equity Analysis with a focus on equity impact assessments of proposed projects.

Task 7.2. List of Capital Improvement Projects
Using the prioritization approach developed in Task 7.1, the project team will prioritize the projects identified in Task 6. In doing so, the project team will work with city staff to estimate logical project extents within the priority safety corridors and EXHIBIT A Page 14 of 37 EXHIBIT 1 424
do so with a high-level consideration towards potential future funding opportunities. For example, considering and
differentiating between what improvements could be made through a repaving v. a large capital investment that may need outside grant funds to construct. The result of this effort will be a list of Vision Zero Projects in each priority safety corridor with brief descriptions that could be included in the city’s CIP.

TASK 7 DELIVERABLES
• Memorandum documenting prioritization approach
• Equity analysis
• Summary presentation for Vision Zero Task Force
meetings
• List of Vision Zero projects in each priority safety corridor and brief description
Task 8. Action Plan Strategies
Based on project prioritization, relative cost, project location, and potential funding sources, the project team will develop a high-level phasing plan and implementation strategy for the projects identified. The high-level phasing plan and
implementation strategy will organize activities into short- (less than five years), moderate- (five to 10 years), and longterm (more than 10 years) time periods. It will also identify responsible parties, critical milestones, and performance measures for tracking progress. As part of the phasing plan and implementation strategy, the project team will identify potential funding sources including potential grant funding for which projects could be eligible. Potential funding sources will include SS4A implementation funds as well as other sources at the federal (e.g., RAISE), state (e.g., ATP, HSIP), and regional levels.

TASK 8 DELIVERABLES
• Work plan framework for implementation that includes:
• Short-, moderate-, and long-term implementation actions • Phasing of implementation actions
• Funding strategy for Action Plan
• Future grant application preparation materials
Task 9. Vision Zero Action Plan
Education Program
Based on the analysis results from previous tasks, the project team will identify potential education program elements that would be most beneficial to the City of Stockton. This will be based on existing, proven resources for safety education that are applicable to the local context.

TASK 9 DELIVERABLES
• Memorandum documenting education program strategies
Task 10. Traffic Enforcement
Program
Traffic enforcement is a common strategy to increase street safety and an important component of a multifaceted safety program. Traditional enforcement techniques and strategies have raised concerns related to systemic racism and
community safety – research shows that people of color are more likely to be stopped by the police for traffic violations and more likely to be searched. At the same time, low-income communities and communities of color are disproportionately burdened by traffic-related injuries and fatalities. In response, some jurisdictions have implemented equity-based strategies to improve traffic behavior and public safety. Analyzing available demographic data in traffic citations can help us understand if traffic enforcement is being implemented
universally or if specific communities are more vulnerable than others to policing and enforcement.

A list of potential traffic enforcement programs will be created that are aligned with Vision Zero goals and are data driven, reflecting the crash types, behaviors, and locations most likely to benefit from additional enforcement activities – and cognizant of potential bias. The strategies will be listed in a matrix and identified with opportunities, barriers, challenges, and the desired outcome or metric of tracking efficacy. One meeting will be held to review and discuss with the Stockton Police department and County Sheriff’s office.

TASK 10 DELIVERABLES
• Memorandum documenting traffic enforcement
strategies
Task 11. Continuous Data Collection
& Analysis
To be eligible for SS4A implementation grant funds, USDOT requires annual public and accessible reporting on progress toward reducing fatalities and serious injuries. To achieve this, the project team will develop a strategy and schedule within the Action Plan to measure progress over time, identifying outcome EXHIBIT A Page 15 of 37 EXHIBIT 1 425
data and means of communication with stakeholders. This will ensure that the city and partners remain committed to the goal of reducing fatalities and severe injuries in the years to come after the plan is adopted.

To the extent possible, automating the continuous data
collection, analysis and progress tracking will enable the city to fulfill the annual reporting requirements while continuing to meet their other responsibilities and obligations. With that in mind, the project team will work with city staff and Vision Zero Task Force to develop an online, public-facing data dashboard that allows for transparency with the public as to the most current data and trends related to road safety. The dashboard can also include updates regarding planned projects, projects seeking funding (where community members can provide letters of support) and completed projects. Our team has developed similar data dashboards for other agencies; below is an example from our work on the City of El Paso’s Vision Zero Action Plan. We will work closely with the project team to understand the city’s existing GIS capabilities and make recommendations as appropriate for ongoing maintenance and updates to the dashboard. We will also evaluate opportunities to streamline and integrate any new data collection process with existing City tools, such as Ask Stockton. This task does not include the purchase of any new data. It also does not include the purchase of any web domains, platforms, or other related items. The project team assumes the City has the capabilities to host the data dashboard developed as part of this task.

TASK 11 DELIVERABLES
• Progress tracking and reporting strategy
• Online public-facing data dashboard that facilitates
annual updates and progress tracking
Task 12. Proposed Text for General
Plan Update Adherence to Vision
Zero Policy
Fehr & Peers was part of the team to develop the 2040 General Plan, and as such is familiar with the background, content, and structure of the plan. As part of the policy review and benchmarking effort in Task 2, we will identify any need to update or modify the General Plan language to reflect the adopted Vision Zero Policy and any implications of these updates. Draft content will be provided to the city for review and approval before submittal of final proposed text. To support any needed amendment, we will attend a staff, planning commission, or City Council study session to discuss the changes and impacts to the General Plan.

TASK 12 DELIVERABLES
• Draft and Final General Plan content
Task 13. Draft & Final Vision Zero
Action Plan
The project team will develop a Vision Zero Action Plan based on the findings from work conducted under previous tasks. The Action Plan will establish collision trends, with a focus on impacts to underserved communities, and incorporate public
engagement feedback. The Action Plan will also include project selection, performance evaluation, progress monitoring
strategies, and a phased implementation strategy that includes potential funding sources.

The project team will prepare an Admin Draft for city staff review and comment, a Public Draft to be shared with Vision Zero Task Force and posted publicly online for comment, a Draft Final for City Council review and work session, and a Final Vision Zero Action Plan for City Council adoption. In producing each draft leading to the final, the project team will summarize comments received and confer with city staff on how to address each set of comments.

The Admin Draft, Public Draft, Draft Final, and Final Vision Zero Action plans will be provided electronically. This task does not include any printing or costs associated with producing hard copies of these deliverables. Similarly, this task does not include any costs associated with translation of any of these deliverables.

As part of the preparation of the Vision Zero Action Plan, the project team assumes there will be one working session with the City Council regarding the Draft Final version and then a presentation to the City Council of the Final Vision Zero Action Plan for adoption.

TASK 13 DELIVERABLES
• Admin Draft, Public Draft, Draft Final, Final Vision Zero Action Plan
• Content for SS4A Final Report Required by FHWA
• Check-ins with city staff and the Vision Zero Task Force regarding the draft plan
EXHIBIT A Page 16 of 37 EXHIBIT 1 426
• Working session with the City Council regarding the Draft Final
• Presentation and City Council adoption of the Final Vision Zero Action Plan
Task 14. Project Update Web Page
At the start of the project, a permanent website will be established to share data and progress towards development of the Vision Zero Action Plan. The data dashboard mentioned in Task 11 will be included as part of the project web page. The web page will also serve as a place where information about community engagement, Vision Zero Task Force meetings and other related events can be shared with the community in both English and Spanish. Responsibilities around management, shared information, frequency for updating information, and opportunities for ongoing community input through the website will be determined through project team check-in meetings. A recent example developed for MetroPlan Orlando which
integrates a data dashboard (as described in Task 11) can be found at https://www.visionzerocfl.gov/. This task does not include the purchase of any web domains, platforms, or other related items. The project team assumes the City has the capabilities to host the web page developed as part of this task.

TASK 14 DELIVERABLES
• Comprehensive website to share information during plan development and after adoption
EXHIBIT A Page 17 of 37 EXHIBIT 1 427
Fehr & Peers' Cost Proposal for the City of Stockton Vision Zero Action Plan Fehr & Peers (Prime) AIM Consulting
Kari
McNickle
Erin
Ferguson,
PE, RSP2I
Adrian
Engel, PE,
CASp
Meghan
Mitman,
AICP,
RSP2I
Rod Brown
Diwu
Zhou, PE Carly Hoyt
Will
Edmonson
Sonia
Anthoine
Mary
Ramones
JoLynn
Souto
Lacy
Delgado
Gladys
Cornell
Katie
Demaio
Elise
Brockett
Felix Molina
Darlene
tran
Associate II Principal I Principal I Principal III Associate II Associate I Sr. Planner/ Engineer III
Sr.

Technician IV
Sr. Planner/
Engineer I
Engineer/
Planner II
Sr. Business
Services V
Sr. Business
Services II
Project
Manager
Principal-inChargeDesign
Lead
Safe System
Lead QA/QC Data Lead Sr. Planner GIS Specialist Sr. Planner Analyst Sr. Project Coordinator
Sr. Project
Coordinator
Labor
Hours
Direct Labor
Costs
Labor
Overhead
Fee Direct Costs Subtotal
Outreach
Oversight
Senior
Project
Manager
Project
Manager
Senior
Project
Coordinator
Project
Coordinator
II
Graphic
Design
Labor
Hours
Direct Labor
Costs
Labor
Overhead
Fee Direct Costs Subtotal
Total
Labor
Hours
Total Costs
Tasks $61.30 $93.75 $79.09 $114.42 $60.34 $56.73 $48.80 $48.56 $41.35 $37.50 $49.28 $35.82 183.52% 10% $95.00 $57.99 $51.02 $43.03 $38.08 $75.00 103.73% 10% Task 1 - Project Management 78 30 8 8 0 0 0 4 4 0 24 29 185

1.1 Project Kick-Off 12 8 4 4 4 4 2 5 43 $2,896.94 $5,316.46 $821.34 $200.00 $9,234.74 0 $0.00 $0.00 $0.00 $0.00 43 $9,234.74

1.2 Bi-weekly check-in calls, agendas and notes 42 22 4 4 2 4 78 $5,652.98 $10,374.35 $1,602.73 $0.00 $17,630.06 0 $0.00 $0.00 $0.00 $0.00 78 $17,630.06

1.3 Monthly invoices and progress reports 24 20 20 64 $3,173.20 $5,823.46 $899.67 $0.00 $9,896.32 0 $0.00 $0.00 $0.00 $0.00 64 $9,896.32 Task 2 - Develop Vision Zero Policy 40 14 0 18 6 0 0 0 38 16 5 17 154

2.1 Industry Practice Review 8 2 8 2 14 4 1 5 44 $2,671.22 $4,902.22 $757.34 $0.00 $8,330.79 0 $0.00 $0.00 $0.00 $0.00 44 $8,330.79

2.2 Work Session with City 16 8 8 8 6 2 6 54 $3,515.44 $6,451.54 $996.70 $200.00 $11,163.67 0 $0.00 $0.00 $0.00 $0.00 54 $11,163.67

2.3 Draft and Final Vision Zero Policy 16 4 2 4 16 6 2 6 56 $3,026.08 $5,553.46 $857.95 $0.00 $9,437.50 0 $0.00 $0.00 $0.00 $0.00 56 $9,437.50 Task 3 - Data Collection, Existing Conditions
and Analysis 36 12 4 0 2 30 20 70 40 50 6 32 302

3.1 Collision and Contextual Database Support 16 8 30 70 20 50 4 24 222 $10,590.70 $19,436.05 $3,002.68 $3,000.00 $36,029.43 0 $0.00 $0.00 $0.00 $0.00 222 $36,029.43

3.2 Review Existing Plans and Projects 20 4 4 2 20 20 2 8 80 $4,226.16 $7,755.85 $1,198.20 $0.00 $13,180.21 0 $0.00 $0.00 $0.00 $0.00 80 $13,180.21 Task 4 - Community Engagement, Workshops,
& Vision, Mission Statement, and Goals 132 32 4 8 0 0 64 32 55 91 10 40 468 95 120 94 164 180 26 679

4.1 Vision Zero Task Force 24 12 4 4 24 16 16 3 12 115 $6,496.08 $11,921.61 $1,841.77 $0.00 $20,259.45 0 $0.00 $0.00 $0.00 $0.00 115 $20,259.45

4.2 Community Engagement Plan 8 16 1 4 29 $1,463.76 $2,686.29 $415.01 $0.00 $4,565.06 6 10 12 28 $1,762.14 $1,827.87 $359.00 $3,949.01 57 $8,514.07

4.3 Community Engagement Activities 80 16 16 55 75 4 16 262 $13,037.95 $23,927.25 $3,696.52 $2,000.00 $42,661.72 89 110 82 164 180 26 651 $34,878.86 $36,179.84 $7,105.87 $6,850.00 $85,014.57 913 $127,676.29

4.4 Vision, Mission Statement, and Goals 20 4 4 24 2 8 62 $3,615.00 $6,634.25 $1,024.92 $0.00 $11,274.17 0 $0.00 $0.00 $0.00 $0.00 62 $11,274.17 Task 5 - Identification of Vision Zero Corridors
and Focus Areas 32 12 8 0 2 12 0 70 45 70 6 30 287

5.1 Identify Vision Zero Corridors and Focus Areas 32 12 8 2 12 70 45 70 6 30 287 $13,775.99 $25,281.70 $3,905.77 $200.00 $43,163.46 0 $0.00 $0.00 $0.00 $0.00 287 $43,163.46 Task 6 - Identification of Vision Zero
Countermeasures 20 12 12 6 4 0 40 24 40 0 4 16 178

6.1 Identify Vision Zero Countermeasures 20 12 12 6 4 40 24 40 4 16 178 $9,769.64 $17,929.24 $2,769.89 $0.00 $30,468.77 0 $0.00 $0.00 $0.00 $0.00 178 $30,468.77 Task 7 - Capital Improvements Project List for
Vision Zero Action Plan 48 28 22 6 8 0 64 40 0 0 6 26 248

7.1 Prioritization Criteria and Approach 16 8 6 6 24 16 2 10 88 $5,296.78 $9,720.65 $1,501.74 $0.00 $16,519.17 0 $0.00 $0.00 $0.00 $0.00 88 $16,519.17

7.2 List of Capitol Improvement Projects 32 20 16 8 40 24 4 16 160 $9,472.44 $17,383.82 $2,685.63 $0.00 $29,541.89 0 $0.00 $0.00 $0.00 $0.00 160 $29,541.89 Task 8 - Action Plan Strategies 26 12 12 4 8 0 24 16 0 24 3 12 141

8.1 Action Plan Strategies 26 12 12 4 8 24 16 24 3 12 141 $8,034.12 $14,744.22 $2,277.83 $0.00 $25,056.17 0 $0.00 $0.00 $0.00 $0.00 141 $25,056.17 Task 9 - Vision Zero Action Plan Education
Program 4 2 0 0 0 0 0 0 0 16 1 4 27

9.1 Vision Zero Action Plan Education Program 4 2 16 1 4 27 $1,225.26 $2,248.60 $347.39 $0.00 $3,821.24 0 $0.00 $0.00 $0.00 $0.00 27 $3,821.24 Task 10 - Traffic Enforcement Program 8 2 0 2 0 0 0 0 0 24 1 4 41

10.1 Traffic Enforcement Program 8 2 2 24 1 4 41 $1,999.30 $3,669.12 $566.84 $0.00 $6,235.26 0 $0.00 $0.00 $0.00 $0.00 41 $6,235.26 Task 11 - Continuous Data Collection and
Analysis 12 6 0 0 0 16 0 40 0 24 3 12 113

11.1 Continuous Data Collection and Analysis 12 6 16 40 24 3 12 113 $5,625.86 $10,324.58 $1,595.04 $0.00 $17,545.48 0 $0.00 $0.00 $0.00 $0.00 113 $17,545.48 Task 12 - Proposed Text for General Plan
Update Adherence to Vision Zero Policy 6 2 0 0 2 0 16 0 0 0 1 2 29

12.1 Proposed Text for General Plan Update
Adherence to Vision Zero Policy 6 2 2 16 1 2 29 $1,577.70 $2,895.40 $447.31 $0.00 $4,920.40 0 $0.00 $0.00 $0.00 $0.00 29 $4,920.40 Task 13 - Draft and Final Vision Zero Action
Plan 6 2 0 0 2 0 16 0 0 0 1 2 29

13.1 Admin Draft, Public Draft, Draft Final, Final
Vision Zero Action Plan 40 16 8 4 8 12 24 40 32 48 4 20 256 $13,356.20 $24,511.30 $3,786.75 $0.00 $41,654.25 0 $0.00 $0.00 $0.00 $0.00 256 $41,654.25

13.2 City Staff and Vision Zero Check-ins on Drafts 28 4 12 4 1 4 53 $2,930.16 $5,377.43 $830.76 $0.00 $9,138.35 0 $0.00 $0.00 $0.00 $0.00 53 $9,138.35

13.3 City Council Work Session and City Council
Adoption 36 8 4 24 1 8 81 $4,479.28 $8,220.37 $1,269.97 $200.00 $14,169.62 0 $0.00 $0.00 $0.00 $0.00 81 $14,169.62 Task 14 - Plan Project Update Web Page 12 0 0 0 0 0 0 48 0 24 4 12 100

14.1 Project Update Web Page 12 48 24 4 12 100 $4,593.44 $8,429.88 $1,302.33 $0.00 $14,325.65 0 $0.00 $0.00 $0.00 $0.00 100 $14,325.65 Total for all Tasks 558 192 78 56 40 70 252 388 290 391 80 268 2,663 $142,501.68 $261,519.08 $40,402.08 $5,800.00 $450,222.84 95 120 94 164 180 26 679 $36,641.00 $38,007.71 $7,464.87 $6,850.00 $88,963.58 3,342 $539,186.42 Notes:

Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts; the overall fee will not be exceeded.

Rates and staff are subject to change; any proposed changes in project staffing will be communicated to the City in advance 1 of 1
EXHIBIT B Page 18 of 37 EXHIBIT 1 428
Schedule for the Vision Zero Action P
Project Start Date: 7/1/2024 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 24 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 Jul Jul Jul Jul Jul Aug Aug Aug Aug Sep Sep Sep Sep Sep Oct Oct Oct Oct Nov Nov Nov Nov Dec Dec Dec Dec Dec Jan Jan Jan Jan Feb Feb Feb Feb Mar Mar Mar Mar Mar Apr Apr Apr Apr May May May May Jun Jun Jun Jun Jun Jul Jul Jul Jul Week Starting
1-Jul
8-Jul
15-Jul
22-Jul
29-Jul
5-Aug
12-Aug
19-Aug
26-Aug
2-Sep
9-Sep
16-Sep
23-Sep
30-Sep
7-Oct
14-Oct
21-Oct
28-Oct
4-Nov
11-Nov
18-Nov
25-Nov
2-Dec
9-Dec
16-Dec
23-Dec
30-Dec
6-Jan
13-Jan
20-Jan
27-Jan
3-Feb
10-Feb
17-Feb
24-Feb
3-Mar
10-Mar
17-Mar
24-Mar
31-Mar
7-Apr
14-Apr
21-Apr
28-Apr
5-May
12-May
19-May
26-May
2-Jun
9-Jun
16-Jun
23-Jun
30-Jun
7-Jul
14-Jul
21-Jul
28-Jul
Tasks Start End Days Type
Task 1 - Project Management

1.1 Project Kick-Off 1-Jul-24 1-Jul-24 1 Meeting 

1.2 Bi-weekly check-in calls, agendas and notes 15-Jul-24 30-Jun-25 251 Work Period 

1.3 Monthly invoices and progress reports 1-Jul-24 31-Jul-25 284 Deliverable  Task 2 - Develop Vision Zero Policy

2.1 Industry Practice Review 1-Jul-24 1-Aug-24 24 Work Period 

2.2 Work Session with City 15-Aug-24 1-Sep-24 12 Meeting 

2.3 Draft and Final Vision Zero Policy 9-Sep-24 1-Nov-24 40 Deliverable  City Review 14-Oct-24 21-Oct-24 6 Client Review 
Task 3 - Data Collection, Existing Conditions and Analysis

3.1 Collision and Contextual Database Support 15-Jul-24 9-Sep-24 41 Work Period  City Review of Collision Database 26-Aug-24 1-Sep-24 5 Client Review 

3.2 Review Existing Plans and Projects 15-Jul-24 15-Aug-24 24 Work Period  City Review of Plans/Projects 15-Aug-24 22-Aug-24 6 Client Review  Task 4 - Community Engagement, Workshops, & Vision, Mission Statement, and Goals

4.1 Vision Zero Task Force 29-Jul-24 30-Jun-25 241 Work Period 

4.2 Community Engagement Plan 15-Jul-24 15-Aug-24 24 Work Period  City Review of Engagement Plan 5-Aug-24 11-Aug-24 5 Client Review 

4.3 Community Engagement Activities 2-Sep-24 1-Jun-25 195 Deliverable 

4.4 Vision, Mission Statement, and Goals 5-Aug-24 7-Oct-24 46 Work Period  City Review of Vision/Mission/Goals 16-Sep-24 23-Sep-24 6 Client Review  Task 5 - Identification of Vision Zero Corridors and Focus Areas

5.1 Identify Vision Zero Corridors and Focus Areas 16-Sep-24 21-Oct-24 26 Work Period  City Review 7-Oct-24 17-Oct-24 9 Client Review 
Task 6 - Identification of Vision Zero Countermeasures

6.1 Identify Vision Zero Countermeasures 14-Oct-24 30-Nov-24 35 Work Period  City Review 11-Nov-24 19-Nov-24 7 Client Review 
Task 7 - Capital Improvements Project List for Vision Zero Action Plan

7.1 Prioritization Criteria and Approach 7-Nov-24 16-Dec-24 28 Work Period  City Review 9-Dec-24 22-Dec-24 10 Client Review 

7.2 List of Capitol Improvement Projects 7-Jan-25 17-Feb-25 30 Work Period  City Review 3-Feb-25 12-Feb-25 8 Client Review 
Task 8 - Action Plan Strategies

8.1 Action Plan Strategies 24-Feb-25 28-Apr-25 46 Work Period  City Review 7-Apr-25 21-Apr-25 11 Client Review 
Task 9 - Vision Zero Action Plan Education Program

9.1 Vision Zero Action Plan Education Program 24-Feb-25 24-Mar-25 21 Work Period  City Review 17-Mar-25 23-Mar-25 5 Client Review 
Task 10 - Traffic Enforcement Program

10.1 Traffic Enforcement Program 24-Feb-25 24-Mar-25 21 Work Period  City Review 17-Mar-25 23-Mar-25 5 Client Review 
Task 11 - Continuous Data Collection and Analysis

11.1 Continuous Data Collection and Analysis 31-Mar-25 28-Apr-25 21 Work Period  City Review 21-Apr-25 28-Apr-25 6 Client Review 
Task 12 - Proposed Text for General Plan Update Adherence to Vision Zero Policy

12.1 Proposed Text for General Plan Update Adherence to Vision Zero Policy 31-Mar-25 27-Apr-25 20 Work Period  City Review 14-Apr-25 24-Apr-25 9 Client Review 
Task 13 - Draft and Final Vision Zero Action Plan

13.1 Admin Draft, Public Draft, Draft Final, Final Vision Zero Action Plan 5-May-25 16-Jun-25 31 Deliverable  City Review of Admin Draft 19-May-25 25-May-25 5 Client Review City Review of Public Draft 9-Jun-25 15-Jun-25 5 Client Review 

13.2 City Staff and Vision Zero Check-ins on Drafts 5-May-25 16-Jun-25 31 Meeting 13.3 City Council Work Session and City Council Adoption 1-Jun-25 1-Jul-25 22 Meeting  Task 14 - Plan Project Update Web Page

14.1 Project Update Web Page 15-Jan-24 30-Jul-25 403 Deliverable 

EXHIBIT C