Attachment B - Professional Services Contract — City Council and Concurrent Authorities, March 18, 2025

State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 10/18/23)

PROFESSIONAL SERVICES CONTRACT
(for State funded projects)
THIS CONTRACT is entered into this day of 2025, between the CITY OF STOCKTON, a municipal corporation (“City”), and SIEGFRIED ENGINEERING, INC. whose address is 3428 BROOKSIDE ROAD, STOCKTON, CA 95219 (“Consultant”) for the MIRACLE MILE PEDESTRIAN SAFETY IMPROVEMENTS AND REVITALIZATION (PROJECT NO. WT24043 / PLBP- 5008(203), hereinafter referred to as “Project”.

RECITALS
A. Consultant represents that it is licensed in the St ate of California and is qualified, willing and able to provide t he 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 t he standards of the prof ession. 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 a ll 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 $2,194,000.00 or as otherwise mutually agreed to in a Contract Amendment.

3. INSURANCE. During the term of this Contra ct, 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 wit h the other provisions of Exhibit D.

4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professiona l agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from

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ATTACHMENT B
State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 10/18/23)
and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negli gence, 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 ar ising from the sole negligence, active negligence, or willful acts of the City of Sto ckton; and does not apply to any passive negligence of t he City of Stockton unless caus ed 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 Pr ofessional 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 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 March 31, 2029, unless extended by mutual agreement through the issuance of a Contract Amendment.

A. Invoices submitted by Consultant to City must contain a br ief description of work performed, time used and City proj ect 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 hav e no obligation or li ability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any ex tension 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 Municipa l 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 pr otected 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.

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ATTACHMENT B
State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 10/18/23)
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 Discrim
ination 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, investigat ing, and resolving complaints of discrimination and harassment in the workplace.

C. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE
The bidder
shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LA B&division=2.&title=&part=7.&chapter=1.&article=2.

D. PREVAILING WAGE RATES
Consultant and any s
ubcontractor 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 t he State of California has determined the general prevailing rates of wages and empl oyer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprentic eship or other tr aining programs authorized by Section 3093 and similar purpo ses 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 subcont ractor'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.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.

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ATTACHMENT B
State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(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 engineer ing, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be under taken at the request of the City, reimbursement will not be required. To confor m strictly with the provisions of Division 2, Part 7, C hapter 1, Article 2, of the Labor Code of the State of California. To fo rfeit 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 sect ions shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS The Consul tant to whom the contract is awarded shall ensure that the prime and each subc ontractor 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 D epartment, 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) cert ified approval by lo cal joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.

E. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with Appendix E of the Title VI Assurances attached as Exhibit F.

F. SANCTIONS

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ATTACHMENT B
State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 10/18/23)
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 complete the work, and City shall actively ai d 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 warrant s 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 requir ed for the Consultant to pr actice its professions, and Consultant shall, at its own cost and expense, keep in e ffect during the life of this Contract all such licenses, permits, qualific ations, insurance, and approvals. Consultant shall meet with the Public Wor ks 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 pr esentations, 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 document s 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 ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments 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 befor e final delivery to the Cit y, the Consultant shall replace them at its own exp ense. Consultant shall k eep materials confidential.

Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to any one 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.

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ATTACHMENT B
State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 10/18/23)

11. 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 t he 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 obligat ions 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 Cons ultant 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 supplie rs, will be considered employees of Consultant. The Consultant shall be responsi ble for the work of subcontractors, which shall be subject to the provisions of this Cont ract. The Consultant is responsible to the City for the acts and omissions of its subcontractor s and persons directly or indirectly employed by them.

A. If in the performance of this Cont ract 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 require ment 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, Consul tant hereby indemnifies and holds City harmless from any and all clai ms 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 ob ligation in the Contract without the prior written consent of the City, and then only upon such terms and conditi ons 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 require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

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ATTACHMENT B
State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 10/18/23)
To Consultant: Siegfried Engineering, Inc. To City: Public Works Director 3428 Brookside Road City of Stockton
Stockton, CA 95219 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 t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained al l 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 serv ices under this Contract. Upon request, Consultant agrees to furnish City, or a designated representat ive, with necessary information and assistance.

Consultant agrees that City or its delegate s hall have the right to review, obtain, and copy all records pertaining to performance of the Contract. C onsultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonab le notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other mate rial that may be relevant to a matter under investigation for the pur poses of determining compli ance 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 princi pals do not have any financial interest in real property, sour ces 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 C onsultant at any time waive any breach of this Contract by the other, such wa iver 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 Contract with venue for all claims in the Superior Court of the County of San

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ATTACHMENT B
State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 10/18/23)
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 Proposals. This Contract r epresents the entire in tegrated agreement between Consultant and City, supersedes all prior negotiati ons, representations, or agreements, either written or oral, between the parties , and may be amended only by written instrument signed by C onsultant and City. All exhibi ts and this contract are intended to be construed as a single docum ent. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. STATE CONTRACT PROVISIONS. Consultant shall comply with the State Funded Consultant Contract Prov isions which are attached hereto as Exhibit “G” and incorporated herein by this reference.

25. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declar ed 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.

26. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.

27. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract. //
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ATTACHMENT B
State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 10/18/23)
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON SIEGFRIED ENGINEERING, INC.

B y : B y :

STEVE COLANGELO Signature

INTERIM CITY MANAGER
A T T E S T :

P r i n t N a m e
By: ______
KATHERINE ROLAND, CMC, CPMC Title:

CITY CLERK
APPROVED AS TO FORM:

B y :

ASSISTANT CITY ATTORNEY

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ATTACHMENT B
DETAILED WORK PLAN | MIRACLE MILE SAFETY IMPROVEMENTS TASK 1.1 BACKGROUND RESEARCH
Siegfried and the design team will review and be familiar with the Miracle Mile Conceptual Design Report, City of Stockton 204
0 General Plan, City of Stockton Bicycle Master Plan, and other City transportation plans, programs, and projects. Siegfried will visit the project site to conduct a ﬁeld reconnaissance of the project area. Siegfried will research and review documents pertinent to existing topographic mapping, photos, right of way maps, “as-built” plans, record maps, surveys, assessor maps, local street improvement plans, collision reports, sight distance, approach speed, total pedestrians and vehicle volumes, truck volumes, and other geometrical and operational characteristics for the project. Siegfried will also review and verify the location and type of existing improvements, equipment, bus zone locations, intersection geometrics, posted speed limit, and bus route movements. The City has gathered available as-built drawings, which will be utilized as a basis for the survey data collection.

The City may have missing or incomplete information, and it will be the responsibility of Siegfried to obtain any other information or data necessary to complete this task. Siegfried will also conduct ﬁeld survey that includes collecting topographic information and locating and referencing any survey monumentation to be compromised by the project. Corner records will be required to address and reset all survey monumentation within the project area that may be impacted by construction activities and the plans and speciﬁcations will require the construction surveyor to create and ﬁle said monuments.

Siegfried will perform a ﬁeld topographical and property survey and map the project corridor from face of building to face of building along the corridor, from approximately 200’ north of Monterey to Harding Way. Siegfried will also include mapping cross streets 150’ each side of the main corridor, with the exception of Tuxedo which will extend to Beverly Place. Final delivery will be an acad.dwg ﬁle as well as TIN & DTM Surface ﬁles. Included in the deliverables will be a .2’ color orthophoto. This image will be delivered as a .TIFF with a .TFW world ﬁle and shown in the background of the PRP.

Siegfried will utilize a subconsultant, Subdynamics, to provide ground penetrating radar or similar technique to positively identify utility locations. Up to ﬁve (5) days of locating are included. The plans will illustrate existing structures, as well as rim and invert elevations for all underground and above ground utilities that conﬂict with or will be directly a;ected by the project improvements. Siegfried will also review and communicate with utilities for any relocations and conﬂicts, see Task 1.2 for additional scope.

Siegfried will conduct detailed analysis in the followin g technical areas:

Transportation Analysis: Rev iew and identify any missing transportation data to examine access management, mobility, parking, transit options, safety, multimodal connections, circulation issues of all modes, etc. Consider ﬁndings from past studies while identifying issues related to, but not conﬁned to access management, intersection design, bicycle and pedestrian safety, and right-of-way. Perform any additional planning-level tra;ic analysis as necessary within the right-of-way.

This phase of work will speciﬁcally establish the baseline existing conditions which will be expanded upon in Task 3.1 with the Concept Design and Transportation Operational Analysis.

Data Collection
Siegfried will collect the following data for use in the analysis:
• Weekday (Thursday / Friday) and weekend (Saturday) 24-hours roadway segment vehicle classiﬁcation count and speed data at the following segments:
• Paciﬁc Avenue between W Alpine Avenue and Dorris Place (W Cleveland Street) • Paciﬁc Avenue between Dorris Place (W Cleveland Street) and W Harding Way
• W Harding Way between N Lincoln Street and Paciﬁc Avenue

EXHIBIT A

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ATTACHMENT B

• W Harding Way between Paciﬁc Avenue and N El Dorado Street Weekday (Thursday / Friday) and weekend (Saturday) peak hours (up to 12 hours over the selected two days) tra;ic count data, including passenger vehicle, heavy vehicle, bicycle, and pedestrian counts, at the following intersections:
• Paciﬁc Avenue / W Alpine Avenue
• Paciﬁc Avenue / W Monterey Avenue
• Paciﬁc Avenue / Regent Court
• Paciﬁc Avenue / W Castle Street
• Paciﬁc Avenue / Tuxedo Court
• Paciﬁc Avenue / Dorris Place (W Cleveland Street)
• Paciﬁc Avenue / W Harding Way
• N Lincoln Street / W Harding Way
• N Commerce Street / W Harding Way
• N Center Street / W Harding Way
• N El Dorado Street / W Harding Way
The 12 hours will be determined based on the analysis of 24-hour roadway segment counts collected during weekday and weekend to identify peak travel times. The data will encompass the weekday AM, midday, and PM peak periods, as well as one weekend peak period.

Current tra;ic signal timing plans for signalized study intersections, provided by the City Planned roadway geometrics and tra;ic controls, provided by the City Collision history – most recent 5-year period using from the UC Berkeley SafeTREC Transportation Injury Mapping System (TIMS) data
Existing Conditions, LOS Analysis, and Active Transportation Facilities Analysis The team will analyze the listed study intersections under existing conditions. The team will use SimTra;ic 10 simulation software to apply methodologies documented in the Highway Capacity Manual, 7th Edition (Transportation Research Board, 2022) to analyze AM and PM peak hour intersection operations. Analysis results will include intersection level of service, control delay, travel time, and maximum queue lengths for key turn movements. The SimTra;ic simulations will be calibrated to the observed intersection volumes (i.e., percent demand served) and observed maximum queues.

The team will evaluate the existing active transportation facilities within the study area and conduct a comprehensive safety assessment. This will include documenting the current active transportation infrastructure, updating the level of tra;ic stress analysis, reviewing existing transit routes and stops serving the Miracle Mile study area, and assessing bicycle and pedestrian activity, including street crossings. As part of the safety assessment the team will review and analyze all fatal and injury collisions, as well as collisions involving bicycles and pedestrians for the last ﬁve years, within the Miracle Mile study area.

Special attention will be given to potential issues such as sight distance at certain intersections, high vehicular travel speeds, ﬂeet mix, and other physical constraints that may impact multimodal activities.

Findings for this task will be documented in a technical memorandum, provided to City sta; for one round of review and comment. Where appropriate, the document will be graphically enhanced with high-level cross sections, sketches, and maps.

Right-of-Way/Utilities Analysis: Gather and examine data on existing right-of-way and utilities to assess capacity and deﬁciencies relative to the envisioned access management, intersection improvements, and bicycle/pedestrian facilities.

Identify areas that may require right-of-way acquisition and/or utility relocation.

EXHIBIT A

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ATTACHMENT B

Pavement Condition Assessment: Review and identify existing pavement sections and conditions, calculate tra;ic index, identify prioritized listing of areas of failure, and provide rehabilitation and/or resurfacing options with a cost analysis as appropriate. The scope of the assessment will be the following:

Field Exploration
We assume no encroachment permit fees will be required for this City project. However, we will provide a tra;ic control plan to the City of Stockton informing the tra;ic control devices intended for the ﬁeld explorations. Prior to initiating our ﬁeld explorations, we will mark the work area with white paint and contact Underground Service Alert (USA) for utility clearance. We have not included fee allowance for hiring an underground utility locator service. We will not take responsibility for damage to underground utilities that are not accurately located within our exploratory locations.

Corings
Following the utility clearance, we will advance one 6 to 8 inch deep core every 350 to 400 feet, below the existing ground surface (bgs) with additional hand auguring below the existing aggregate base layer to evaluate subgrade soils. During our exploration, a representative from this ﬁrm will oversee the testing and collect samples. A continuous log will be maintained including the materials, thickness, drilling conditions, and the identiﬁcation of any soils encountered. The bulk samples collected will be sealed to prevent moisture loss and transported to the laboratory for testing and analysis. The existing asphalt concrete thickness will be determined.

We intend to locate the corings by pacing from known features which is normally of su;icient accuracy for such work. We have not included in our scope a budget for an accurate survey for the boring locations. The actual depths and number of borings may be revised in the ﬁeld based on the conditions encountered in the various locations, or as requested by the City or the reviewing agency.

Locations will be presented to you prior to work being performed. Given the borings will be located with the paved roadways, we will provide tra;ic control devices per the California Manual for Uniform Tra;ic Control Devices (MUTCD).

We assume that the core locations will be backﬁlled in the hole and the surface topped with cold patch asphalt.

Report
The results of the ﬁeld exploration, any laboratory tests, and engineering analysis will be presented in a design level report prepared in accordance with the direction of a California Registered Geotechnical Engineer that will include the following:
• Summarize results of ﬁeld exploration
• Summarize results of laboratory testing
• Conclusions and comments on applicable and proposed pavement grind and HMA overlay, dig out and replace, rigid concrete, pavers, or other applicable treatment methods for each application • Graphics including a scaled site plan, coring location map, and coring logs, etc. • Appendices containing results of our ﬁeld exploration and laboratory testing.

Lighting and CCTV Camera Analysis: Prepare an isolux diagram for corridor and Caldwell Park, based on existing lighting conditions. This will be done using AutoLux and will plot lighting levels to the nearest 0.1 ft-cdl. Existing light type and wattage will be provided by the City. Evaluate the viability and cost of a corridor wide security camera system and the cost. Siegfried will provide recommendations that will provide a short-term impact on areas that need increased lighting and security levels.

A lighting full concept plan will be developed in Task 3.1.

Arborist’s Report: Given the age and condition of the street trees and their importance in the character of the corridor, Siegfried will prepare an arborist’s report under the supervision of a certiﬁed arborist. The report will address tree species, size, health, and the presence of disease or infestation.

TASK 1.2 UTILITY COORDINATION

EXHIBIT A

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ATTACHMENT B

Siegfried will work with all pertinent utilities to identify utility conﬂicts, coordinate utility plan reviews, conduct necessary coordination meetings, and locate designed improvements as required to facilitate utility relocations. Siegfried will coordinate with all utilities in accordance with Caltrans “Manual on High and Low Risk Underground Facility within Highway Rights of Way.” The objective is to eliminate any conﬂicts encountered during construction, which would pose construction delays or claims.

Siegfried will be responsible for performing utility investigations and coordination with utility owners throughout the project development process. Siegfried will be present at all necessary meetings with each utility owner. Siegfried will be responsible for, but not limited to, the following:

The City has already sent Utility Letters “A” to utility owners within the project limits and have received their respective utility maps, however the City has not received a response from California Water Service. Siegfried will assist the City with obtaining utility information from them.

Prepare Utility Letter “B” during 60% design phase to the a;ected utility owners for City to review and approve prior to transmitting to utility owners. Electronic copies of the 60% plans will be provided to each utility owner as an attachment to the letter. 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.

Prepare Utility Letter “C” during 100% design phase to the a;ected utility owners for City to review and approve prior to transmitting to utility owners. Electronic copies of the 100% plans will be provided to each utility owner as an attachment to the letter. 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 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.

Siegfried will meet with utility companies as needed to ensure that conﬂicts are identiﬁed, and relocations are performed if necessary. Siegfried will research City’s sanitary sewer and storm utilities within the project limits to see if any major improvements or relocations are required prior to or as part of this project and will coordinate with City of Stockton Municipal Utilities Department.

Utility locating is included. Siegfried will prepare a plan for identifying and obtaining the horizontal and vertical location of utilities within the project limits during the design phase. Ground penetrating radar or similar technique for positively locating underground utilities is proposed.

Task 2.1 CEQA Services
The project is currently funded by Priority Legislative Budget Projects (PLBP) State funds, and the City plans to pursue other st
ate and federal grant opportunities to fund additional construction needs. Therefore, National Environmental Policy Act (NEPA) compliance is required through Caltrans District 10 O;ice of Local Assistance. California Environmental Quality Act (CEQA) will also be required. Siegfried will prepare environmental documents including technical studies, documents, and reports as required to obtain CEQA and NEPA clearance during the preliminary engineering phase. Siegfried will also be responsible for identifying all required permits and completing all necessary paperwork to obtain them.

Project Initiation and Background Research
At project initiation, ESA will review applicable planning documents and associated program-level CEQA documents, such as the current City General Plan, the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP), and other planning and environmental documents pertinent to the project, with the goal of identifying potential opportunities

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ATTACHMENT B
to reference or rely upon previously completed e;orts, and to limit potential for redundancy and/or conﬂicts with previously approved documentation.

CEQA Documentation
ESA will prepare an IS/MND, in a format desired by the City. The IS/MND will evaluate the build alternative plus the “no build” alternative, and will include an Environmental Project Description based on information provided by the project team. An Environmental Checklist (Appendix G of the CEQA Guidelines) will be completed to assess the level of signiﬁcance of potential impacts. Each topic area will present the standards of signiﬁcance; describe the a;ected environment; describe data sources and technical analyses used for the CEQA analysis; discuss project-speciﬁc impacts; identify if any potentially signiﬁcant impacts where previously examined in applicable program-level CEQA documents; identify applicable mitigation measures from applicable program-level CEQA documents; identify additional mitigation measures, if necessary, and identify the impact level of signiﬁcance following application of mitigation measures.

The analysis completed in the IS/MND will be supported by various technical investigations and studies that will be completed to examine in detail any potential impacts and recommended avoidance, minimization, and mitigation measures. Key technical investigations will include:

Historic, Cultural and Tribal Resources
ESA will contact the Native American Heritage Commission to request information on known sacred sites in the project vicinity and draft letters for the City to send to Native American tribes who have requested consultation in compliance with Public Resources Code Section 21080.3(b). The results of any Native American consultation, which would be completed by the City, will provide the basis for the tribal cultural resources section of the CEQA document.

ESA will also complete a records search at the California Historical Resources Information System’s Central California Information Center (CCIC) to identify known locations of archaeological and historic resources. An ESA archaeologist will conduct a surface pedestrian survey of the project corridor to identify any archaeological resources, if present. ESA will then examine the potential impacts of the project on archaeological resources, and identify mitigation measures to reduce project’s impacts to below the level of signiﬁcance, if needed. This scope does not include a subsurface study to test for the presence of buried archaeological resources; if deemed necessary these tasks would be scoped separately.

To address historic architectural resources, ESA will screen for historic-age buildings and structures in the project corridor and examine the conceptual project plans to identify if any historic-age buildings or structures may be impacted by the project.

ESA will evaluate the potentially impacted buildings and structures (up to ﬁve [5]) to determine if any would qualify as an “historical resource” pursuant to CEQA. ESA will then examine if the project would cause a substantial adverse change in the signiﬁcance of the historical resource pursuant to CEQA, and identify avoidance or mitigation measures to reduce the project’s impacts to below the level of signiﬁcance, if feasible.

Phase I Initial Site Assessment
ESA will prepare a Phase I Initial Site Assessment (Phase I ISA) in general accordance with the Caltrans SER Chapter 10 requirements and the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM E1527-21), and the U.S. Environmental Protection Agency (EPA) Final Rule regarding Standards and Practices for All Appropriate Inquiries (70 Federal Register [FR] 66070, July 1, 2005; 40 Code of Federal Regulations [CFR] Part 312) (AAI Rule). To support completion of the Phase I ISA, ESA will review regulatory agency and other records to help identify site conditions, conduct a physical setting review, review historic land use, conduct a site reconnaissance and vicinity survey, and conduct interviews of past and present owners or occupants of the subject property, if possible.

Following these investigations, ESA will prepare a Phase ISA Report to document the results of the investigations and recommendations. The report will include ﬁndings, opinions, conclusions, and signiﬁcant data gaps, if any, that could a;ect the identiﬁcation of Recognized Environmental Conditions at the subject property. If the ISA identiﬁes any such gaps in the

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records, they will be disclosed and discussed, including by identifying sources consulted to address them and comment upon their signiﬁcance with regard to the ability to identify conditions indicative of releases and threatened releases of hazardous substances on, at, in, or to the subject property. The Phase I ISA will include illustrations and pertinent regulatory agency documentation regarding the subject property.

Whenever appropriate, ESA will seek to complete CEQA investigations and documentation with NEPA requirements in mind, and/or in the format required by the Caltrans Standard Environmental Reference (SER), so that they may be relied upon to also support NEPA review in the most streamlined and e;icient way possible.

Other topic areas that will be examined in the CEQA document will include Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities and Service Systems, Wildﬁre, and Mandatory Findings of Signiﬁcance.

ESA will prepare an Administrative Draft IS/MND for review by the project team and City. Following internal review of the Administrative Draft IS/MND, ESA will review the project team and City’s comments and make changes as necessary, resulting in a Public Draft IS/MND that is ready for distribution. ESA will prepare the Notice of Completion (NOC) and Notice of Intent to Adopt (NOI) for review by the City. ESA will then submit the Draft IS/MND along with the NOC and NOI to the State Clearinghouse (electronic submittal).

At the close of the anticipated 30-day public review period, ESA will prepare a Final IS/MND by preparing responses to comments, and errata outlining any recommended changes to the text of the Public Draft IS/MND, the Mitigation Monitoring or Reporting Plan (MMRP), and Notice of Determination (NOD). ESA will support City sta; with acceptance and certiﬁcation of the document by City Council by assisting City sta; with presentation materials for City Council review and attending the adoption hearing. It is assumed the City will prepare the project Findings. Within ﬁve days of the adoption of the IS/MND, ESA will ﬁle the NOD with the State Clearinghouse.

TASK 2.2 – NEPA DOCUMENTATION
ESA will prepare a PES Form followed by various technical studies for use by Caltrans District 10 Division of Local Assistance in
completing NEPA review and approval for the project, which is expected to be a Categorical Exclusion (CE). The analysis completed for the CE determination will be supported by the applicable technical investigations and studies prepared to support the CEQA review, as described above, plus additional plus additional studies and consultations speciﬁc to NEPA as follows:

Section 106 Compliance
In addition to the notiﬁcations and cultural resources investigations completed to support CEQA, ESA will complete investigations and documentation speciﬁc to the requirement of Section 106 of the National Historic Preservation Act (Section 106). This would include preparation of cultural resources documentation in the format required by Caltrans, which would consist of an Area of Potential E;ect (APE) map, a Historical Property Survey Report (HPSR), Archaeological Survey Report (ASR), and Historic Resources Evaluation Report (HRER).

This scope assumes a ﬁnding of No Historic Properties or No Adverse E;ect to Historic Properties. If the ﬁnding is that of Historic Properties A;ected, additional documentation including a Memorandum of Agreement and Historic Properties Treatment Plan may be required, which would be scoped under a separate agreement.

Visual Impact Assessment
To assess the potential for the project to substantially change the visual environmental of the corridor, speciﬁcally as it relates to potential that may a;ect historic resources in the project area, ESA will complete a Moderate Visual Impact Assessment Memo. The assessment will include photographs and description of the project area’s existing visual character, description of the anticipated changes to the visual environment that may occur from the project, including up to three photo-realistic visual

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ATTACHMENT B
State Professional Servic
es Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 010/18/23)

RECITALS
A. Consultant represents that it is licensed in the St ate of California and is qualified, willing and able to provide t he 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:

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ATTACHMENT B

State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 010/18/23)

and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negli gence, 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 ar ising from the sole negligence, active negligence, or willful acts of the City of Sto ckton; and does not apply to any passive negligence of t he City of Stockton unless caus ed 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 Pr ofessional 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.

A. TITLE VI

Title VI of the Civil Rights Act of 1964 requires that “no per son 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.

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ATTACHMENT B

State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 010/18/23)

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 E).

C. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE

The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LA B&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 t he State of California has determined the general prevailing rates of wages and empl oyer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprentic eship or other tr aining programs authorized by Section 3093 and similar purpo ses 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 subcont ractor'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.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.

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State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 010/18/23)

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 engineer ing, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be under taken at the request of the City, reimbursement will not be required. To confor m strictly with the provisions of Division 2, Part 7, C hapter 1, Article 2, of the Labor Code of the State of California. To fo rfeit 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 sect ions shall be deducted from the payments to be made under the terms of this contract.

iii. PAYROLL RECORDS The Consul tant to whom the contract is awarded shall ensure that the prime and each subc ontractor 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 D epartment, 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) cert ified approval by lo cal joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.

E. APPENDIX E OF THE TITLE VI ASSURANCES

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with Appendix E of the Title VI Assurances attached as Exhibit F.

F. SANCTIONS

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State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 010/18/23)

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.

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ATTACHMENT B

State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 010/18/23)

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, Consul tant hereby indemnifies and holds City harmless from any and all clai ms 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.

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 require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

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ATTACHMENT B

State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 010/18/23)

To Consultant: Siegfried Engineering, Inc. To City: Public Works Director 3428 Brookside Road City of Stockton
Stockton, CA 95219 22 E. Weber Ave., Rm. 301
Stockton, CA 95202

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.

21. 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

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ATTACHMENT B

State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 010/18/23)

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.

24. STATE CONTRACT PROVISIONS. Consultant shall comply with the State Funded Consultant Contract Prov isions which are attached hereto as Exhibit “G” and incorporated herein by this reference.

26. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.

27. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract. //
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ATTACHMENT B

State Professional Services Contract – SIEGFRIED ENGINEERING, INC. – PROJECT NO. WT24043 / PLBP-5008(203)
(Updated 010/18/23)

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON SI EGFRIED ENGINEERING, INC.

B y : B y :

STEVE COLANGELO Signature

INTERIM CITY MANAGER

A T T E S T :

P r i n t N a m e

By: ______
KATHERINE ROLAND, CMC, CPMC Title:

CITY CLERK

APPROVED AS TO FORM:

B y :

DEPUTY CITY ATTORNEY

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ATTACHMENT B

simulations depicting the project area after construction of the project, an analysis of the signiﬁcance of the change in the visual setting, and identiﬁcation of mitigation measures that would reduce potentially signiﬁcant impacts.

A Moderate Visual Impact Assessment (Moderate VIA) will be prepared to document the analysis and results.

Community Impacts Assessment Memo
To address potential impact to community resources such as on-street parking and property access during project construction and operation, as well as to examine potential e;ects to low-income or minority populations, ESA will prepare a Community Impact Assessment Memo.

Section 4(f) de Minimis Documentation
ESA will evaluate the project’s “use” of Section 4(f) resources in the project area, which consist of Caldwell Park, to comply with the requirements of Section 4(f) of the Department of Transportation Act of 1966. It is assumed that improvements, lighting, safety and other amenities to be installed by the project would result in a de Minimis use of the park. ESA will notify the resources’ Owner(s) With Jurisdiction (OWJ) of the proposed use of the facility, and coordinate with the OWJ to obtain their written concurrence with the de Minimis ﬁnding. ESA will document the applicability of the de Minimis ﬁnding in a memorandum that examines all the elements required under the Caltrans NEPA Assignment Tracking Worksheet for Section 4(f) de Minimis ﬁnding, including written concurrence from the OWJ, and provide the memo to Caltrans for their use in making the Section 4(f) de Minimis ﬁnding for the project.

Following Caltrans approval of the various technical studies, ESA will prepare a Categorical Exclusion/Categorical Exemption Form (CE/CE Form) and an Environmental Commitments Record (ECR) for Caltrans’ use in approving NEPA for the project, and coordinate with Caltrans to obtain their approval of the NEPA CE determination.

Deliverables:
• PES Form and attendance at Field Review Meeting with Project Manager and Architectural Historian. • En
vironmental technical studies: Phase I ISA, Historic Property Survey Report/Historic Resources Evaluation Report/Archaeological Survey Report, Moderate Visual Impact Assessment, Community Impacts Assessment Memo, Section 4(f) de Minimis Memo.
• Administrative Draft IS/MND, Administrative Final IS/MND, and all associated notices for internal reviews. • Public review-ready PDF of Draft IS/MND and associated notices suitable for posting on the City’s website and at the State Clearinghouse, and for electronic transmittal to interested parties and/or a circulation list. • Up to ﬁve hard copies of Draft IS/MND for posting at physical locations desired by the City. • Final IS/MND, MMRP and associated notices.
• NEPA CE/CE Form and Environmental Commitments Record.

Assumptions:

The environmental analysis will be completed for the f ull build-out of project; • It is assumed that acquisition of regulatory permits will not be required due to absence of regulated resources in the project area (e.g., jurisdictional waters/wetlands, special status species, etc.). • Unless otherwise speciﬁed, each deliverable will be reviewed up to ﬁve times as follows: 1) design team/prime review; 2) City of Stockton sta9 ﬁrst review; 3) Caltrans ﬁrst review; 4) Caltrans ﬁnal review/approval; 5) City of Stockton sta9 ﬁnal review/approval. Reviews by multiple people/divisions within each agency will be consolidated into a single, compiled set of reviews for each agency before providing comments to ESA. • Accessible formatting pursuant to the Revised Section 508 standards of the federal Rehabilitation Act of 1973 will not be required.
• Environmental documents will be completed pursuant to guidance and regulations current as of the date of this proposal submittal (December 2024). If guidance or regulations change prior to ﬁnal approval of documents and

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ATTACHMENT B

permits that a9ect ESA’s scope of work, ESA will notify Siegfried and the City of Stockton immediately and additional services will be provided under an amended contract.
• Copies of previously prepared environmental documentation for review would be publicly accessible and/or provided by the City and/or cooperating agencies involved in the project. • The project will be programmed into the current, conforming San Joaquin Council of Governments (SJCOG) Regional Transportation Plan & Sustainable Communities Strategy (RTP/SCS) and the SJCOG Regional Transportation Improvement Plan (RTIP) prior to initiating PES form preparation. • The City will post environmental documents and associated notices to their website for public review. • Siegfried, in cooperation with ESA, the project team, and the City, will develop a circulation list to send the NOI to and transmit the NOI; NOIs will be circulated electronically. • The City will publish the NOI in a local newspaper.
• City will send the NOI, NOC, and NOD to the County Clerk’s o9ice for posting and pay for any submittal or posting fees, such as the CDFW fee and County Clerk ﬁling fee.
• It is assumed that up to ﬁve substantive comments will be received on the Public Draft Environmental Document. • City sta9 will prepare the project ﬁndings for City Council approval, and the Final IS/MND will be approved and adopted by the City Council during one hearing.
• Completion of an SJVAPCD Air Impact Assessment (AIA) Application pursuant to Rule 9510 would be completed prior to project construction and is not included in this scope of work.

TASK 3.1 CONCEPT PLAN AND REPORT
Siegfried will prepare a Conceptual Plan and Tra;ic Operations Analysis based on the ﬁnal concepts identiﬁed in the Miracle Mi
le Conceptual Design Report, community feedback, and City sta; input. The Concept Plan and Tra;ic operations analysis will be a planning document from which the ﬁnal master design will be based upon. The Concept Plan will include a bas ic geometric conﬁguration of roadway striping layouts, curb alignments at round corner improvements, and typical cross sections. Up to three (3) concepts are anticipated which will be narrowed down to the ﬁnal concept through community feedback. It is the intent of this phase of work to establish th e master corridor plan and overall project cost and phasing, with the initial phase aimed at utilizing the current $20m grant funding, and future phases funded by grant writing e;orts in Task 5.1.

Siegfried to consider turning motions of Stockton Uniﬁ ed School District, Stockton Fire Department, San Joaquin Regional Transit District, and Stockton Waste Management vehicles, as well as semitrucks with trailers when designing the project.

A signiﬁcant portion of our work for this analysis will focus on creating a shared understanding of the opportunities and trade- o;s associated with active transportation facilities, lane reductions, and safety along the corridor along with their impacts on roadway level of service and speed. This analysis will be based upon the foundation of the baseline condition established in Task 1.1. This process will involve:
• Documentation of the pros, cons, and trade-o;s of each facility type, informed by Federal Highway Administration (FHWA) guides on bikeway and crossing selection, a Safe Systems approach to corridor planning. • Documentation of bike and pedestrian involved collisions along Paciﬁc Avenue, using data from the Statewide Integrated Tra;ic Records System (SWITRS) and the UC Berkeley SafeTREC Transportation Injury Mapping System (TIMS). This will include a review of the locations of each collision along with the primary collision factors. • Analysis of the existing and proposed level of tra;ic stress (LTS) along the roadway for bike and ped facilities, taking into consideration number of lanes, design speed, and separation from the roadway. • Coordination with San Joaquin Regional Transit District (RTD) sta; to discuss existing and future potential for transit ridership along the corridor, building o; our recent work on the RTD System Redesign study. • A review of the land use and growth assumptions along the corridor in the City’s 2040 General Plan and associated travel demand model.

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• Level of service with lane reductions.

Siegfried will work in parallel with the tra;ic operations analysis to test corridor conﬁgurations that achieve the project goals.

The result will be up to two concept plans that are viable. The concept plan will take into consideration concepts from the Miracle Mile Conceptual Design Report and recommend safety improvement alternatives for all modes of travel, including but not limited to:
• Intersection redesigns or conceptual signal modiﬁcations and intersection concept recommendations. • Crossings and safety improvements including access management recommendations and cross-sections. • Complete streets and bicycle/pedestrian infrastructure connectivity such as separate bikeway bu;ers and vertical elements or side path widths, including details of bicycle and pedestrian crossings, or accommodation of bicyclists and pedestrians at intersections. Protected intersections, if Class IV facilities are selected. • Placemaking, landscaping, and streetscaping recommendations, including possible closure of Tuxedo. • Lighting concepts.
• Street parking locations and conﬁgurations along with transit routes/stops recommendations. • Future bike plan lines north to the Calaveras River bike paths.

We
will provide conceptual tra;ic operations analysis based upon the transportation analysis in Task 1.1 for the corridor so that the CEQA project can be better deﬁned in the previous task. Speciﬁcally, the analysis will involve the following:

Existing Plus Project Tra>ic Operations & Travel Demand Analysis The team will use the analysis methods outlined to analyze the intersection operations under Existing Plus Project conditions.

The team will coordinate with City sta; to review the lane conﬁguration and tra;ic control assumptions of the SimTra;ic models. The Existing Plus Project analysis will also include a review of proposed pedestrian and bicycle facilities and will evaluate the potential for additional crosswalks, bike lanes or modiﬁed crossing treatments along the study corridor.

The recently updated 2022 Tra;ic Demand Forecast (TDF) model will be used for a basic TDF analysis. The model will help develop intersection turning movement volume forecasts for the project under the “Existing Plus Project” alternatives. The team will enhance the model by adding an appropriate level of roadway and tra;ic analysis zone details to support intersection-level analysis and project development. Since the TDF model was primarily designed for vehicular tra;ic, it lacks the capability to predict potential mode shifts resulting from active transportation improvements within the study area. A further review of the model results will be conducted to better reﬂect changes in intersection turning movement volumes for each alternative. The di;erence method, which adds the forecasted tra;ic changes from the model to the existing tra;ic counts, will be used to project tra;ic volumes for the Existing Plus Project alternatives.

The team will use the analysis methods outlined in Task 1.1 to analyze the intersection operations for up to two Existing Plus Project alternatives. The initial analysis results for up to three Existing Plus Project alternatives (e.g., SimTra;ic runs) will be shared with City sta; to select the preferred alternative. The initial analysis will include one selected weekday peak hour and one weekend peak hour for up to two Existing Plus Project alternatives. The team will present the ﬁndings of the Existing Plus Project alternatives to City sta; and have budgeted for up to two (2) rounds of revisions to the analysis to incorporate any reﬁnements to the preferred concept and analysis (based upon the outcome of the tra;ic operations analysis). Once the preferred Existing Plus Project alternative is conﬁrmed, the team will generate the ﬁnal analysis results for all four time periods (weekday AM, midday, PM peak hours and a weekend peak hour), including intersection level of service, control delay, travel time, and maximum queue lengths for key turning movements for the preferred Existing Plus Project alternative. The preferred alternative analysis will also review proposed pedestrian and bicycle facilities, evaluating opportunities for additional crosswalks, bike lanes, or modiﬁed crossing treatments within the study area.

The team will qualitatively assess the project’s impact on vehicle miles traveled (VMT) in accordance with CEQA, NEPA and the City of Stockton’s Transportation Impact Analysis Guidelines. Since the project does not involve adding additional vehicular

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ATTACHMENT B

lanes and is focused on promoting active transportation modes, potentially shifting travel from vehicles to active transportation, it is not expected to result in an increase in VMT. For this reason, a VMT analysis is not included.

MMCID & Lighting and Landscape Maintenance District Analysis Based upon the formation of the MMCID to fund various maintenance and business development functions it is unclear if the current assessment structure can absorb the additional landscape and lighting annual and long term replacement costs.

There is a potential that a larger overlay District focused on speciﬁc special beneﬁts needs to be formed. To form a special district under the California Landscape and Lighting Act of 1972 an engineers report, and a Proposition 218 vote of the District property owners will be required to attempt to pass the special district. The special beneﬁts of the district may include some or all of the following:
• Tree clean up and maintenance
• Vegetation and trash management
• Additional lighting
• Plaza Maintenance
• Signage, Banner, and Artwork Maintenance
• Grant writing to support the above improvements within the district
• Administration of the district
Based upon the feedback provided by the City and Stakeholders under Task 6.1, Siegfried will prepare a memo with exhibits outlining the potential special beneﬁts, their rough order of magnitude annual costs, and the potential per property assessment. The property owners the assessment is spread across may vary depending on the special beneﬁt therefore the memo will address the potential for up to two assessment zones. The memo will also address the general beneﬁt that is currently provided by the City.

Siegfried will review the memo with the City to determine the most likely scenario for ballot success and present the concept to the public for input and information prior to preparing the engineers report. Upon approval of the assessment approach Siegfried will create a budget for the maintenance, administration, repair and replacement, as well as other costs associated with the special assessment district. Siegfried will prepare the Engineer’s Report for the creation of a Maintenance Assessment District. The Engineer’s Report will include the following information for the new District:
• A description of the improvements and special beneﬁts to be maintained by the new district, as well as replacement costs over the next 15 to 20 years.
• An estimate of the Tax Year’s maintenance costs for all improvements as approved by the District’s manager, • An estimate of the Tax Year’s administrative costs as approved by the District’s manager, • An estimate of the initial Tax Year’s total assessments, • An Assessment Diagram which is based upon the current county assessors’ maps and the special beneﬁt maps created in this scope of work,
• The assessment roll by Lot Number as identiﬁed in the assessment diagram, and • The assessment spread of the proposed assessments for the initial Tax Year.

Siegfried will assist the City with the district formation notices required for the following, it is assumed that the City will draft the initial Council notices and that the legal counsel retained by Siegfried will review the notices for compliance with Prop 218 procedures and requirements:
• Preliminary Hearing Notice
• Required Voting Notices
• Ballot Distribution and Counting

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• Final Hearing Notice
• Final Council Resolution
Siegfried will employ Downey Brand as legal counsel and have allocated up to 20 hours at their billing rate of up to $500/hr.

Time in excess of the 20 hours or $10,000 will be subject to a contract amendment.

Upon review and approval of the draft concept plan and tra;ic operations analysis Siegfried will prepare a Project Study Report (PSR), or equivalent to accompany the Concept Plan. The PSR will include, but not be limited to, the following information:
• Purpose and Need of the Project
• Project Scope
• Project Budget
• Project Schedule and Phasing
• Near-Term Goals and Improvements
• Long-Term Goals and Improvements
The purpose of the Concept Plan is to establish the project scope, prioritize and identify feasibility of conceptual ideas, and to ensure the project will meet the expectations of the stakeholders. The purpose of the PSR is to create a narrative that establishes the project goals and scope and develop strategies to achieve those goals. The PSR will address project phasing and prioritization based on public feedback and the ability to pursue additional grant funding under Tasks 5.1 and 5.2. The Concept Plan and PSR will be equivalent to a 30% design, and will include elements vital to the identity of the Mile, like conceptual monuments pole banner designs. These will be used to obtain additional grant funding for construction.

Deliverables for this task will include Draft Concept Plan, Draft PSR, Final Concept Plan, and the Final PSR.

TASK 4.0 PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
The intent of the following scope for Tasks 4.1-4.4 is to prepare improvement plans, speciﬁcations, and estimates for the initial ph
ase of construction funded by the current $20m grant. It is unknown what the scope of the initial phase of work is since community engagement to determine the exact priorities has not commenced, therefore the design budget and scope is intended to be ﬂuid and is tailored to the current construction allocation of the $20m budget. It is anticipated that as grant writing e;orts are successful and construction budget is added for additional phases that design, and administrative fees will be incrementally added as well as the construction document scope being reﬁned. Siegfried will prepare and complete PS&E documents, for the ﬁrst phase of the corridor and Caldwell Park, which include design improvement plans and proﬁles for demolition, grading, striping, electrical, drainage, paving, staging, erosion control, tra;ic control, signalization, landscape, and other civil, structural, architectural, landscape, and electrical details, including technical speciﬁcations, and engineer’s estimate. Siegfried will prepare a base map showing existing inf ormation to facilitate the design of all the necessary
improvements in accordance with the City of Stockton Standard Plans and Speciﬁcations, current Caltrans Standard Speciﬁcations, and current MUTCD, as appropriate.

Prepare a base map showing existing information to facilitate the design of all the necessary improvements using the City’s latest Benchmark information. The base map limits will be su;icient to cover all necessary improvements within the project area. Siegfried will conform the design to comply with Americans with Disabilities Act (ADA). If dual accessible ramps cannot be installed for this project, Siegfried will prepare an internal memo for the project ﬁle and provide justiﬁcations.

Siegfried will provide PS&E documents to the City for review at 60%, 90%, and 100% completion stage. Siegfried will provide one set of full size, 24”x36” plans (PDF), one set of speciﬁcations (PDF and Word) and the engineer’s estimate (PDF and Excel) at each design stage. Siegfried will utilize Bluebeam software for the PDF submittals. With each stage of review, Siegfried will review and incorporate comments, create a comment matrix to track all comments, and provide a signed Quality Control Checklist. Any comments not incorporated into the submittals will be tracked and justiﬁcation provided in the comment

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matrix. Siegfried will submit a comment response matrix from the previous submittal with the proceeding PS&E submittal at each design stage. Siegfried 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. Siegfried will provide all correspondence and work products for City ﬁles.

Task 4.1 60% PS&E
The 60% PS&E will be based on the Final Conceptual Plan (30% design equivalent) and Final PSR with more engineering detail.

At
a minimum, the design will be developed to adequately identify locations of utilities, right-of-way, geometric features, landscape planting, special monument design, paving materials, and other design elements. Project estimates and speciﬁcations will be included at this stage.

Task 4.2 90% PS&E
Siegfried will make written responses to the comments on the original redline mark-ups and return to the City along with the 90 % submittal. Responses should identify if Siegfried made the corrections as noted, and if not provide an explanation of how the comment was addressed. Reﬁned project estimates and speciﬁcations will be included at this stage.

Siegfried will include a constructability review of the plans at the 90-100% stage. The goal is to reﬁne the design, anticipate potential issues (i.e., maintaining access to businesses during construction), reduce risk before construction begins, and identify any opportunities. Siegfried will retain a third-party Construction Management ﬁrm to conduct an independent and structured review of the PS&E for errors, omissions, ambiguities, and conﬂicts. Prior to retaining the CM ﬁrm Siegfried will verify that the involvement does not preclude the CM ﬁrm from providing a proposal to the City to be the CM on the project. At this point in time it is Siegfried’s intent to retain Salabar CM to perform this peer review.

Task 4.3 100% and Final PS&E
Siegfried will make written responses to the comments on the original redline mark-ups and return to the City along with the 10 0% submittal. Final detailed project estimates and speciﬁcations will be included at this stage. Siegfried will provide the necessary ﬁnal PS&E documents in a bid-ready form (Plans printed on mylar, Speciﬁcations in PDF and Word, and Estimate in PDF and Excel format). Project ﬁles and the Project Engineer/Resident Engineer ﬁle will also be submitted with the Final PS&E.

Task 4.4 Quality Control
The PS&E will be subject to quality control reviews before submittal. These reviews will assure conformance to City and Cal
trans Standards, as well as minimize typographical omissions. Siegfried will provide a signed Quality Control Checklist at the time of each deliverable submittal.

Task 5.1 Grant Writing Plan and Memo
The Project is currently funded with Priority Legislative Budget Projects (PLBP) State funding. However, the City plans to pursue ot
her state and federal grant opportunities to fund additional construction needs.

Siegfried will work with the City to identify eligible grants and will prepare and submit grant applications to acquire funding for construction of the Project. Grant applications may include but are not limited to Highway Safety Improvement Program (HSIP), Active Transportation Program (ATP), Congestion Mitigation and Air Quality (CMAQ), Parks, Lighting, Urban Greening, and Accessibility Compliance Grants, among others.

Siegfried will research and prepare a memo that identi
ﬁes state and federal grants that the Project would be eligible for receiving. The memo should highlight grant requirements and types of improvements eligible for funding, analyze compatibility of the Project with each grant type, and identify funding available and due dates. The City will review the memo and meet with Siegfried to decide which grants would be the best to pursue.

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Task 5.2 Grant Writing
Siegfried will prepare and submit up to four (4) grant applications in 2025 and up to four (4) grant applications in 2026, for a to
tal of eight (8), including preparation of grant narratives, maps, exhib its, conceptual drawings, cross-sections, cost estimates, letters of support, and other submittals to meet the requirements of each grant application. The grant applications will generally include the following and the application will typically consist of three parts.

General Project Information: This section is a PDF that is ﬁlled out with information relating to the general community, the type of project, proposed phase of the project to receive funding, delivery schedule, and project costs.

Narrative Questions: This section responds to the set questions that describes the need, location, communities served, potential for increased pedestrian and bicycle use, potential for non-motorized injuries, community involvement, consistency with regional transportation plans, project readiness, and economic vitality of the area.

Attachments: This section typically will include the following calculations, maps, exhibits, reports, etc. • Project boundary, access, and destinations map
• Census Tract/Block Group/Place Table
• Project Plans showing existing and proposed improvements, if available • Bicycle/Pedestrian collision map and collision table • Hazards map
• CEQA/NEPA Documents
• Community activity centers map
• Transit vicinity map
• Site photos
• Project Cost Estimate
• Letters of support, if available
• Registered Engineer Stamped Documents as required by ATP guidelines TASK 6.1 PUBLIC OUTREACH
Siegfried will prepare a Public Outreach and Involvement Plan tailored speciﬁcally for the Project. Public Outreach and In
volvement is a critical component of this project that will steer the development of an approved conceptual plan for Miracle Mile. The ﬁrst step of the public outreach program will be to conﬁrm the outreach objectives and parameters with the City. The outreach program will generally include: Stakeholder identiﬁcation, public and individual meetings, media relations, direct mail correspondence, press releases, postcard updates to the public, online surveys, hotlines, surveys for public input, or other outreach components to meet the needs of the project.

The public outreach program will present a comprehensive plan of engaging with the public or interest groups at each stage of the design development process. It is anticipated that public information meetings will be held to present multiple concepts and design features through renderings, plans, graphics, and illustrations to stakeholders along the Miracle Mile corridor, neighboring residents, businesses, and to the general public. The meetings will be designed primarily to provide information on the project features and goals.

Siegfried will coordinate schedules for meetings and make all meeting arrangements; provide meeting notices to stakeholders, neighboring residents and businesses adjacent to corridor; prepare agendas, sign-in sheets, comment sheets, and all relevant information. The proposal should outline the purpose and beneﬁt of any online surveys, websites, or contact hotlines if recommended.

Siegfried will also attend City Council meetings and provide information, PowerPoint presentations, and exhibits, if necessary.

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The objective of a successful public outreach is to provide as much information as possible to the public and the stakeholders in order to garner positive consensus for the proposed project. This includes developing and maintaining contents of a website providing project progress and outreach format. Prior to commencement of project, Siegfried will prepare and submit a Public Outreach and Involvement Plan. This plan will include all tasks in providing public outreach and engagements relevant to all project phases as determined necessary by the project manager.

Deliverables for this plan include but are not limited to:
• Research and develop a coded database of potentially interested parties, which will be updated throughout the project with names from the public meeting(s) sign-in; information from the project team; and from telephone, e-mail and personal contacts. The database will be coded according to interest and involvement with the project. Siegfried will develop an online survey for Paciﬁc students and one for business and patrons in accordance with committee recommendation CE-06.
• Public Information Meetings will be held to present concepts and design features to neighboring residents and businesses, and to the general public. Siegfried will determine a location near the project site to have the meeting.

The meetings will be designed primarily to provide information on the project features, and goals. • Siegfried will plan for at least eight (8) public outreach meetings and a public hearing near the project completion ph
ase. Siegfried will also attend planning commission meetings, public hearing meetings, and meetings with stakeholders as required for the duration of the project. As part of up to two (2) of the meetings demonstrations may be held illustrating the parking and bike conﬁgurations being discussed. • Siegfried will prepare quarterly summaries and meet with up to four (4) key stakeholder groups to provide a quarterly update. These meetings will be held throughout design and will revert to email updates quarterly when construction begins.
• Siegfried will schedule the public meetings, make arrangements for the meeting facility, handle other logistics, issue me
eting notices (U.S. mail invitations, news releases, print advertisements, and ﬂyers), and provide information for the City website. Working with the project team, Siegfried will also prepare exhibits to illustrate design concepts and project features and prepare other print materials, e.g., agendas, sign-in sheets, fact sheets, signage, that describes roundabouts. Siegfried will record public comments, including arrangements for a court reporter at the public hearing, and prepare a very detailed Summary Report of each meeting. Working with the project team, Siegfried will provide appropriate responses to all comments, and make recommendations for administrative and public review. • Siegfried will establish an email contact list and maintain a detailed contact log of every contact. Social media options to dispense information will also be available, if desired and/or acceptable to the City of Stockton. In addition, Siegfried will create and maintain a website for the project which will serve as the digital information hub for the project. Project updates and other pertinent information will be housed on the website. The website will also include a comment section, so constituents can make comments regarding the project. Detailed records of each contact will be provided to the City and Project Team Sta; at frequent intervals. Due to the length of the corridor and a potential lack of available meeting spaces, meeting locations may be held near the project site.

TASK 7.1 RIGHT-OF-WAY & SURVEY MONUMENT PRESERVATION
Siegfried will identify and conﬁrm right-of-way boundaries within the Miracle Mile as part of the ﬁeld survey. The need for right- of
-way acquisition will be included as an optional task. The Siegfried will identify and list survey monuments, and show existing survey monuments on construction plans. Siegfried will include language in the PS&E package to preserve all monumentation a;ected by the work being performed in accordance with Section 8771 of the Professional Land Surveyors Act in the Business and Professionals Code of the State of California. A record of survey is not anticipated or included due to the age of the corridor and the previously mapped status of the right of way.

TASK 8.1 FAÇADE IMPROVEMENT SUPPORT

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Siegfried will provide façade design and application support for commercial properties along the Miracle Mile that qualify for the City’s Commercial Façade Improvement Forgivable Loan Program. Siegfried and SmithGroup will become familiar with the Guidelines for Commercial Loan Programs, which can be found on the City’s website. The Program is funded with Community Development Block Grant funds. Eligible improvements include exterior paint, awnings, windows, doors, lighting, siding, and other permanent ﬁxtures that are a;ixed to the building.

Siegfried will utilize SmithGroup as the facilitator and architect who will assist commercial property owners with the following tasks:
• Complete the façade forgivable loan application through the City’s online portal. • Prepare architectural renderings/drawings and planning application for Design Review by Community Development Department.
• Obtain three competitive bids (two minimum) from licensed contractors:
o Solicitation and documentation of Disadvantaged Business Enterprise (DBE) participation is required. o Prevailing wage rates apply.

Assume façade improvement support will be needed for six (6) commercial property owners. Up to 80 hours of architectural consultation have been included.

TASK 9.1 COORDINATION AND MEETINGS
Siegfried will establish a clear and consistent communication with the City to discuss progress of design. The Siegfried will at
tend meetings (or conference call) with City monthly to discuss project status and progress. Siegfried will provide meeting minutes for all meetings. This does not include investigative and/or ﬁeld meetings that Siegfried will need to conduct to execute the intent of the project. The Siegfried is responsible for coordinating and meeting with all utility companies, impacted agencies, and stakeholders as needed to resolve all issues.

Siegfried will provide project management services to meet the project scope, schedule and budget as set forth in the accepted proposal. It is anticipated that Siegfried will establish a clear and consistent communication framework for the duration of the project. Siegfried will attend meetings with City sta;, public, businesses, and individuals as needed. The proposed scope of work includes an e;ective project management approach that includes regular project updates and coordination between Siegfried and City sta;.

Siegfried will prepare and provide a comprehensive schedule to reﬂect the time frame for each task of the proposed scope of work, utilizing the latest version of Microsoft Project. The project schedule shall show the tasks, duration, task relationships, milestones, and critical path. The project schedule shall be maintained and updated monthly throughout the project.

Siegfried will attend coordination meetings with Caltrans, the County, and new development stakeholders.

TASK 10.1 DESIGN SUPPORT DURING BIDDING & CONSTRUCTION
Siegfried will include bid support services that consist of assisting the City in responding to Requests for Information (RFI) du
ring the project advertisement phase. Siegfried will also include services for design support during construction. These services include responding to RFIs, submittal reviews and approvals, and altering project plans to address changes due to conditions discovered during construction that vary from the approved plans. Design support services will also include consultation with the construction contractor and/or the City Project Manager.

TASK 11.1 AS-BUILT DRAWINGS
The Siegfried will prepare record drawings upon project completion (based on redlines from contractor). The Siegfried will mar
k up the original mylar sheets with revisions made during construction. As-built record drawings will reﬂect all changes to all improvements constructed. Electronic ﬁles of the as-built drawings (in standard pdf format) and AutoCAD (dwg) will be provided in addition to the original as-built mylars. The scope of work does not include and as built survey.

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ATTACHMENT B
Siegfried ESA
Mark
Thomas
Smithgrou
p
Fehr and
Peers

PROJECT
TOTAL
Task 1 Background Research, Survey,
Assessment

1.1 Background Research, Survey,
Assessments $122,000 $5,000 $24,000 $5,000 $90,000 $246,000

1.2 Utility Coordination $70,000 $70,000
Task 2 Environmental Services

2.1 CEQA $8,000 $190,000 $198,000

2.2 NEPA $3,000 $72,000 $75,000
Task 3 Concept Plan and Report

3.1 Concept Plan and Report $150,000 $68,000 $75,000 $125,000 $418,000 Task 4 Plans Specifications and Estimates

4.1 60% PS&E $207,000 $75,000 $282,000

4.2 90% PS&E $123,000 $65,000 $188,000

4.3 100% and Final PS&E $75,000 $35,000 $110,000

4.4 Quality Control $17,000 $5,000 $22,000
Task 5 Funding and Grant Writing

5.1 Grant Writing Plan and Memo $10,000 $1,000 $1,000 $12,000

5.2 Grant Writing $150,000 $150,000
Task 6 Public Outreach

6.1 Outreach Meetings and Plan $185,000 $10,000 $30,000 $2,000 $227,000 Task 7 ROW and Preserving Survey Monuments

7.1 ROW and Preserving Survey Monuments $40,000 $40,000 Task 8 Façade Improvement Support

8.1 Façade Improvement Support $10,000 $31,000 $41,000
Task 9 Coordination & Meetings

9.1 Meeetings and Management $38,000 $5,000 $43,000
Task 10 Design Support During Construction

10.1 ESDC $50,000 $15,000 $65,000
Task 11 As Built Drawings

11.1 As Built Drawings $5,000 $2,000 $7,000
Total Cost $1,263,000 $272,000 $300,000 $141,000 $218,000 $2,194,000 Paul J. Schneider, PE, QSD/QSP
President | Managing Principal
Pro
posed Fee for the Miracle Mile Pedestrian Safety Improvements and Revitalization Project (WT24043, PLBP-5008(203))

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ATTACHMENT B
Proposed Fee for the Miracle Mile Pedestrian Safety Improvements and Revitalization Project (WT24043, PLBP-5008(203)) Consultant:

Siegfried
Direct Labor
Job Title Name Hours Actual Hourly Rate Total
Managing Principal Paul Schneider 600 $104.00 $62,400.00 Principal QA/QC Adam Merrill 300 $98.50 $29,550.00
Principal Survey Kevin Genasci 200 $98.50 $19,700.00
Principal Landscape Thais Del Castillo 390 $98.50 $38,415.00 Principal Geotech Brad Quon 200 $98.50 $19,700.00
Design Principal Bob Norbutas 400 $75.00 $30,000.00
Associate Nathan Berend 600 $79.33 $47,598.00
Principal Grant Writing Shawn Barba 260 $84.00 $21,840.00 Associate Public Outreach Erin Cahoon 260 $60.00 $15,600.00 Engineer II Lauren Sensibaugh 400 $45.00 $18,000.00
Surveyor II Manny Debranca 100 $38.50 $3,850.00
Enginer I Cathy Katkanova 400 $36.00 $14,400.00
Landscape Architect II Regina Paredes 300 $28.50 $8,550.00 Technician III Anthony Linnerman 240 $34.50 $8,280.00
Senior Technician Greg Samoy 600 $40.86 $24,516.00
Technician II Datlon Reed 300 $25.25 $7,575.00
Party Chief Scott Soares 240 $66.00 $15,840.00
Labor Costs
a) Direct Labor Cost $385,814.00
b) Anticipated Salary Increases $0
c) Total Direct Labor Costs [(a)+(b)] $385,814.00
Fringe Benefits
d) Fringe Benefits Rate 64.60%
e) Total Fringe Benefits [(c) x (d)] $249,235.85
Indirect Costs
f) Overhead Rate 49.38%
h) General and Administrative Rate 54.13%
g) Overhead [(c)x(f)] $190,514.96
i) Gen & Admin [(c)x(h)] $208,841.12
j) Total Indirect Costs [(e)+(g)+(i)] $648,591.92
Fee (Profit)
q) Rate 10%
k) Total Fixed Profit $103,440.59
Other Direct Costs (ODC)
Description Unit(s) Unit Cost Total
Mailers 20000.00 $1.000 $20,000.00
Mileage 219.27 $0.700 $153.49
Utility Locating 1.00 $27,000 $27,000.00
Legal 1 $10,000 $10,000.00
AV Consultant 1 $5,000 $5,000.00
Arborist 1 $4,000 $4,000.00
Driller and Lab Testing 1.00 $20,000 $20,000.00
Rental Space 8 $1,500 $12,000.00
Salabar CM Peer Review 1 $5,000 $5,000.00
Aerial Mapping 1 $25,000 $22,000.00
l) Total Other Direct Costs $125,153.49
Subconsultants
MT
ESA
F&P
Smithgroup
m) Total Subconsultants
Total Siegfried Cost $1,263,000.00
Total Project Cost $2,194,000.00
$931,000.00
$300,000.00
$272,000.00
$141,000.00
$218,000.00

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ATTACHMENT B
Proposed Fee for the Miracle Mile Pedestrian Safety Improvements and Revitalization Project (WT24043, PLBP-5008(203)) Sub-Consultant:

ESA
Direct Labor
Job Title Name Hours Actual Hourly Rate Total
Principal Consultant 4 M. Logue 170 $85.40 $14,518.00
Environmental Planner 2 TBD 390 $30.00 $11,700.00
Environmental Planner 3 TBD 232 $40.00 $9,280.00
Principal Consultant 3 Becky Urbano 6 $40.39 $242.34
Principal Consultant 2 Heidi Koenig 6 $43.07 $258.42
Managing Consultant 2 Cathy Cleveland 58 $85.40 $4,953.20 Architectural Historian TBD 96 $30.00 $2,880.00
Archeologist TBD 68 $40.00 $2,720.00
Principal Consultant 3 Michael Burns 48 $40.39 $1,938.72 Visual Specialist 5 TBD 16 $43.07 $689.12
Visual Specialist 1 TBD 60 $85.40 $5,124.00
Landscape Architect TBD 12 $30.00 $360.00
GIS Specialist TBD 68 $40.00 $2,720.00
Editor TBD 58 $40.39 $2,342.62
Project Accountant TBD 36 $43.07 $1,550.52
$39.40 $0
Labor Costs
a) Direct Labor Cost $61,276.94
b) Anticipated Salary Increases $16,154
c) Total Direct Labor Costs [(a)+(b)] $77,430.95
Fringe Benefits
d) Fringe Benefits Rate 53.59%
e) Total Fringe Benefits [(c) x (d)] $41,495.25
Indirect Costs
f) Overhead Rate 147.60%
h) General and Administrative Rate 0.00%
g) Overhead [(c)x(f)] $114,288.08
i) Gen & Admin [(c)x(h)] $0.00
j) Total Indirect Costs [(e)+(g)+(i)] $155,783.33
Fee (Profit)
q) Rate 15%
k) Total Fixed Profit $34,982.14
Other Direct Costs (ODC)
Description Unit(s) Unit Cost Total
l) Travel/Mileage Costs 1290.83 $0.700 $903.58
m) Mailers, AV, Rental Space $1.29 $0.00
n) Printing 2900 $1.00 $2,900.00
o) Subconsultant Costs
p) Total Other Direct Costs [(l)+(m)+(n)+(o)] $3,803.58 Total Cost $272,000.00

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ATTACHMENT B
Proposed Fee for the Miracle Mile Pedestrian Safety Improvements and Revitalization Project (WT24043, PLBP-5008(203)) Sub-Consultant:

Mark Thomas
Direct Labor
Job Title Name Hours Actual Hourly Rate Total
Principal Matt Brogan 116 $181.40 $21,042.40
Project Manager Dan Bloomquist 400 $86.00 $34,400.00
Design Engineer II TBD 482 $52.50 $25,305.00
Design Engineer I TBD 500 $41.50 $20,750.00
Funding Specialist TBD 40 $57.00 $2,280.00
Project Accountant TBD 36 $47.50 $1,710.00
Labor Costs
a) Direct Labor Cost $105,487.40
b) Anticipated Salary Increases $4,985
c) Total Direct Labor Costs [(a)+(b)] $110,472.26
Fringe Benefits
d) Fringe Benefits Rate 94.47%
e) Total Fringe Benefits [(c) x (d)] $104,363.14
Indirect Costs
f) Overhead Rate 52.11%
h) General and Administrative Rate 0.00%
g) Overhead [(c)x(f)] $57,567.09
i) Gen & Admin [(c)x(h)] $0
j) Total Indirect Costs [(e)+(g)+(i)] $161,930.24
Fee (Profit)
q) Rate 10%
k) Total Fixed Profit $27,240.25
Other Direct Costs (ODC)
Description Unit(s) Unit Cost Total
l) Travel/Mileage Costs 510.36 $0.700 $357.25
m) Copies $1.00 $0.00
n) Permit Fees (itemize), Plan sheets (ea.)
o) Subconsultant Costs
p) Total Other Direct Costs [(l)+(m)+(n)+(o)] $357.25
Total Cost $300,000.00

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ATTACHMENT B
Proposed Fee for the Miracle Mile Pedestrian Safety Improvements and Revitalization Project (WT24043, PLBP-5008(203)) Sub-Consultant:

Smithgroup
Direct Labor
Job Title Name Hours Actual Hourly Rate Total
Principal Architect and Urban Planner Georgia Sarkin 280 $92.68 $25,950.40 Architect Elle Brauchle 112 $42.26 $4,733.12
Planner Tengteng Wang 60 $57.73 $3,463.80
Architectural Designer Andrew Thurlow 120 $59.54 $7,144.80 Labor Costs
a) Direct Labor Cost $41,292.12
b) Anticipated Salary Increases $443
c) Total Direct Labor Costs [(a)+(b)] $41,735.23
Fringe Benefits
d) Fringe Benefits Rate 16.70%
e) Total Fringe Benefits [(c) x (d)] $6,969.78
Indirect Costs
f) Overhead Rate 180.28%
h) General and Administrative Rate 9.30%
g) Overhead [(c)x(f)] $75,240.27
i) Gen & Admin [(c)x(h)] $3,881.38
j) Total Indirect Costs [(e)+(g)+(i)] $86,091.43
Fee (Profit)
q) Rate 10%
k) Total Fixed Profit $12,782.67
Other Direct Costs (ODC)
Description Unit(s) Unit Cost Total
l) Travel/Mileage Costs 558.11 $0.700 $390.68
m) Mailers, AV, Rental Space 0 $1.29 $0.00
n) Printing 0 $0.20 $0.00
o) Subconsultant Costs
p) Total Other Direct Costs [(l)+(m)+(n)+(o)] $390.68
Total Cost $141,000.00

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ATTACHMENT B
Proposed Fee for the Miracle Mile Pedestrian Safety Improvements and Revitalization Project (WT24043, PLBP-5008(203)) Sub-Consultant:

Fehr and Peers
Direct Labor
Job Title Name Hours Actual Hourly Rate Total
Principal Adrian Engel 44 $87.98 $3,871.12
Senior Associate Kari McNickle 260 $70.67 $18,374.20
Senior Engineer Yoyo Zeng 220 $57.69 $12,691.80
Engineer Raina Joby 500 $40.87 $20,435.00
Senior Project Accountant Laura Murphy 24 $37.02 $888.48 Senior Project Coordinator Lacy Delgado 130 $38.46 $5,000 Technician Tim Wilber 120 $34.62 $4,154
Labor Costs
a) Direct Labor Cost $65,414.80
b) Anticipated Salary Increases $0
c) Total Direct Labor Costs [(a)+(b)] $65,414.80
Fringe Benefits
d) Fringe Benefits Rate 60.07%
e) Total Fringe Benefits [(c) x (d)] $39,294.67
Indirect Costs
f) Overhead Rate 121.32%
h) General and Administrative Rate 0.00%
g) Overhead [(c)x(f)] $79,361.24
i) Gen & Admin [(c)x(h)] $0
j) Total Indirect Costs [(e)+(g)+(i)] $118,655.91
Fee (Profit)
q) Rate 10%
k) Total Fixed Profit $18,407.07
Other Direct Costs (ODC)
Description Unit(s) Unit Cost Total
l) Travel/Mileage Costs 746.04 $0.700 $522.23
m) Equipment Rental and Supplies (TOTAL) $0.00
n) Permit Fees (itemize), Plan sheets (ea.)(TOTAL) $0.00 o) Subconsultant Costs (TOTAL) $15,000.00
Traffic Counts 1 $15,000.00 $15,000.00
p) Total Other Direct Costs [(l)+(m)+(n)+(o)] $15,522.23 Total Cost $218,000.00

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ATTACHMENT B
CIVIL ■ STRUCTURAL ■ GEOTECHNICAL ■ SURVEY ■ LANDSCAPE ■ PARTNERING | 3428 Brookside Road, Stockton, CA 95219 ■ t | 209.943.2021 f | 209.942.0214 ■ siegfriedeng . comRESPONSE TO RFP | CITY OF STOCKTON MM
CID Ped Safety Improvements & Revitalization Project

SCHEDULE
ID Task Name Duration Start Finish Predecessors
1 Miracle Mile Safety Improvements (WT24043 &
PLBP-5008(203)
852 days Mon 4/14/25 Tue 7/18/28
2 City Issues NTP 0 days Mon 4/14/25 Mon 4/14/25
3 Project Kickoff Meeting 2 days Mon 4/28/25 Tue 4/29/25 2FS+10 days 4 Background Research, Studies, and PSR 175 days Wed 4/30/25 Tue 12/30/25 5 Review Prior Documentation 15 days Wed 4/30/25 Tue 5/20/25 3 6 Topographic and Boundary Survey 30 days Wed 5/21/25 Tue 7/1/25 5 7 Geotechnical Investigation 30 days Wed 5/21/25 Tue 7/1/25 5 8 Lighting Investigation and Study 10 days Wed 5/21/25 Tue 6/3/25 5 9 Maintenance District Analysis 10 days Wed 5/21/25 Tue 6/3/25 5 10 Stakeholder and Agency Scoping Meetings 10 days Wed 5/21/25 Tue 6/3/25 5 11 Transportation Analysis 60 days Wed 5/21/25 Tue 8/12/25 5 12 Concept Design and Budgets 30 days Wed 8/13/25 Tue 9/23/25 11 13 Project Study Report 30 days Wed 9/24/25 Tue 11/4/25 12 14 City Review of PSR and Budgets 20 days Wed 11/5/25 Tue 12/2/25 13 15 Finalize PSR and Budgets 20 days Wed 12/3/25 Tue 12/30/25 14 16 Public Outreach 95 days Wed 6/4/25 Tue 10/14/25
17 Create Public Outreach Plan and
Stakeholder List
10 days Wed 6/4/25 Tue 6/17/25 10
18 City Review of Public Outreach Plan 5 days Wed 6/18/25 Tue 6/24/25 17 19 Send Meeting Notice #1 10 days Wed 7/16/25 Tue 7/29/25 18FS+15 days 20 Informational Meeting #1 0 days Tue 7/29/25 Tue 7/29/25 19 21 Send Meeting Notice #2 10 days Wed 10/1/25 Tue 10/14/25 20FS+45 days 22 Informational Meeting #2 0 days Tue 10/14/25 Tue 10/14/25 21 23 Preliminary Environmental Study (PES) and
Traffic Study
220 days Wed 6/4/25 Tue 4/7/26
24 Prepare the Draft PES 20 days Wed 6/4/25 Tue 7/1/25 10 25 City Review 10 days Wed 7/2/25 Tue 7/15/25 24
26 Attend Field Review 0 days Tue 7/15/25 Tue 7/15/25 25 27 Revise and Finalize PES 20 days Wed 7/30/25 Tue 8/26/25 26FS+10 days 28 Prepare Studies 79 days Wed 8/27/25 Mon 12/15/25
29 Natural Env. Study-MI 61 days Wed 8/27/25 Wed 11/19/25 37 Cultural Resource Study 76 days Wed 8/27/25 Wed 12/10/25 46 VIA Memo 76 days Wed 8/27/25 Wed 12/10/25
54 Noise Memo 79 days Wed 8/27/25 Mon 12/15/25
62 Air Quality Memo 54 days Wed 8/27/25 Mon 11/10/25
70 Initial Site Assessment 61 days Wed 8/27/25 Wed 11/19/25 78 CEQA IS/MND 160 days Wed 8/27/25 Tue 4/7/26
79 Prepare Draft IS/MND 80 days Wed 8/27/25 Tue 12/16/25 27 80 City Review 10 days Wed 12/17/25 Tue 12/30/25 79
81 Revise IS/MND 10 days Wed 12/31/25 Tue 1/13/26 80
82 Public Circulation of IS/MND 20 days Wed 1/14/26 Tue 2/10/26 81 83 Public Hearing 0 days Wed 1/28/26 Wed 1/28/26 82FS-10 days 84 Respond to Comments 15 days Wed 2/11/26 Tue 3/3/26 82 85 Prepare Final IS/MND 10 days Wed 2/11/26 Tue 2/24/26 82 86 City Review 10 days Wed 2/25/26 Tue 3/10/26 85
87 Revise and Finalize IS/MND 10 days Wed 3/11/26 Tue 3/24/26 86 88 Prepare Findings and the NOD 10 days Wed 3/25/26 Tue 4/7/26 87 89 File Findings and NOD 0 days Tue 4/7/26 Tue 4/7/26 88 90 NEPA CE 5 days Wed 3/25/26 Tue 3/31/26
91 Caltrans Prepares CE 3 days Wed 3/25/26 Fri 3/27/26 87 92 Caltrans Files CE 2 days Mon 3/30/26 Tue 3/31/26 91
93 Project Plans, Estimate and Specifications 215 days Wed 12/31/25 Tue 10/27/26 94 60% PS&Es 80 days Wed 12/31/25 Tue 4/21/26
95 Prepare for 60% PS&Es 60 days Wed 12/31/25 Tue 3/24/26 15 96 Agency Review 20 days Wed 3/25/26 Tue 4/21/26 95
97 Send Utility B Letters 0 days Tue 4/21/26 Tue 4/21/26 96 98 90% PS&Es 80 days Wed 4/8/26 Tue 7/28/26
99 Prepare for 90% PS&Es 60 days Wed 4/8/26 Tue 6/30/26 96FS-10 days 100 Agency Review 20 days Wed 7/1/26 Tue 7/28/26 99
101 100% PS&Es 40 days Wed 7/15/26 Tue 9/8/26
102 Prepare for 100% PS&Es 25 days Wed 7/15/26 Tue 8/18/26 100FS-10 days 103 Agency Review 15 days Wed 8/19/26 Tue 9/8/26 102
104 Final PS&Es 35 days Wed 9/9/26 Tue 10/27/26
105 Prepare for Final PS&Es 20 days Wed 9/9/26 Tue 10/6/26 103 106 Agency Review 15 days Wed 10/7/26 Tue 10/27/26 105
107 Bidding and Award 90 days Wed 10/28/26 Tue 3/2/27
108 Bid Package Preparation 20 days Wed 10/28/26 Tue 11/24/26 106 109 Bidding 30 days Wed 11/25/26 Tue 1/5/27 108
110 Bid Opening 0 days Tue 1/5/27 Tue 1/5/27 109
111 Contract Negotiations and Council Approval 40 days Wed 1/6/27 Tue 3/2/27 110 112 Construction NTP 0 days Tue 3/2/27 Tue 3/2/27 111
113 Construction (Phased Approach) 360 days Wed 3/3/27 Tue 7/18/28 114 Phase 1 120 days Wed 3/3/27 Tue 8/17/27 112
115 Phase 2 120 days Wed 8/18/27 Tue 2/1/28 114
116 Phase 3 120 days Wed 2/2/28 Tue 7/18/28 115
Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug 2025 2026 2027 2028
Task
Critical Task
Milestone
Summary
Rolled Up Task
Rolled Up Critical Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
Group By Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
Manual Progress

PROJECT SCHEDULE
Miracle Mile Safety Improvements

STOCKTON, CALIFORNIA
Mon 1/13/25 1 of 1
Project: Miracle Mile Safety Improvem
Date: Mon 1/13/25

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ATTACHMENT B
Insurance Requirements
(Professional Services)
Consul
tant 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 SCO

PE AND LIMIT OF INSURANCE
Cover
age shall be at least as broad as:

1. Comm
ercial 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. Auto
mobile 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 (non-owned), 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. Profe
ssional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $5,000,000 per occurrence or claim, $5,000,000 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 I
nsurance Provisions
The i
nsurance policies are to contain, or be endorsed to contain, the following provisions:

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ATTACHMENT B
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 endorsement that may be necessary to affect this waiver of subrogation, but this

EXHIBIT D

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ATTACHMENT B
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 (Professional & Pollution only)
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 claims -made 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.

Verification of Coverage

EXHIBIT D

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ATTACHMENT B
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 St, 3rd Floor – HR
Stockton, CA 95202

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ATTACHMENT B

EXHIBIT E

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ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

EXHIBIT E

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ATTACHMENT B

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ATTACHMENT B

EXHIBIT E

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ATTACHMENT B

EXHIBIT E

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ATTACHMENT B

EXHIBIT E

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ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

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ATTACHMENT B

EXHIBIT E

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ATTACHMENT B

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Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
Dur
ing 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:
• Tit
le VI of the Civ il 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 Improv ement 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 Civ il 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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ATTACHMENT B

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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).

EXHIBIT F

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ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

Page 1 of 21 ends

May 2023
State Funded Consultant Contract Provisions

COMPLETE ITEMS IN RED

MIRACLE MILE PEDESTRIAN SAFETY IMPROVEMENTS AND REVITALIZATION Project No. WT24043 / PLBP-5008(203)

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 G

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ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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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 G

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ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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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:
(SIEGFRIED ENGINEERING) __

Incorporated in the State of (CALIFORNIA)__

The Project Manager for the “CONSULTANT” will be
(ZULEMA RODRIGUEZ)

The name of the “LOCAL AGENCY” is as follows:
(CITY OF STOCKTON)

The Contract Administrator for LOCAL AGENCY will be (ZULEMA RODRIGUEZ)

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 (January 21, 2025). The approved CONSULTANT’s Cost Proposal is attached hereto (Exhibit B) 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 contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

EXHIBIT G

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ATTACHMENT B
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

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May 2023

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 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.

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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 (tentatively March 18, 2025), 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 (March 31, 2029), 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.

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

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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 $2,194,000.00). 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 $(2,194,000.00).

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 promp t 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 non- DBE 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

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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.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general

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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

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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

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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

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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 federal- aid 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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City Council and Concurrent AuthoritiesMarch 18, 2025

City Council and Concurrent Authorities
March 18, 2025