Cities Index.
Agenda packet

West Sacramento City Council
June 5, 2024

Document
Agenda packet
Meeting
June 5, 2024
Body
West Sacramento City Council
Pages
21
Original file
60.5 MB
Text extracted from the city's file for reading and search. Open the original on westsac.hylandcloud.com. That file is the official record.

o Effective date of the review.
o Property and ownership interest appraised (if any) in the work under review. o Date of the work under review and the effective date of the opinion or conclusion in the work under review.
o Appraiser(s) who completed the work under review, unless the identity was withheld.  Identify the scope of work to be performed.
 Develop an opinion as to the completeness of the material under review, given the scope of work applicable in the assignment.
 Develop an opinion as to the apparent adequacy and relevance of the data and the propriety of any adjustments to the data, given the scope of work applicable in the assignment.  Develop an opinion as to the appropriateness of the appraisal methods and techniques used, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.  Develop an opinion as to whether the analyses, opinions, and conclusions are appropriate and reasonable, given the scope of work applicable in the assignment, and develop the reasons for any disagreement.
 Review appraisals will be forwarded to the City for establishment of just compensation prior to the preparation of offers to acquire the proposed land rights for the project.

DELIVERABLES: UP TO 8 APPRAISAL REVIEWS
B. Acquisition and Negotiation
Monument will provide right-of-way delivery services required for the City to purchase right-of-way required to construct the Project. The tasks will be performed in accordance with applicable Federal, State and local regulations, Caltrans Policies and Procedures and City’s R/W Policies and Procedures.

Monument will provide the following services under the direction of the City staff:
 Provide the Acquisition and Negotiations Services to acquire the property interests required for the Project in a timely, efficient manner and at a reasonable cost. Work shall be performed in accordance with Caltrans and the City’s Policies and Procedures and applicable Federal, State and local regulations.  Coordinate and manage the acquisition process with the City, legal counsel, design team, property owners, and tenants along with the title company, appraisers and other consultants to insure effective cross-discipline communications.
 Review right-of-way plans, appraisal reports, title reports, appraisal maps and legal descriptions and all other pertinent documents.
 Prepare acquisition offer packages consisting of the City’s written purchase offer, appraisal summary statement, acquisition brochure, acquisition agreement, conveying instruments (Grant Deed, Permanent and/or Temporary Easements, etc.), Certificate of Acceptance, recommendation of Amount of Just Compensation, plat maps and legal descriptions, and Title VI Information.  Monument’s acquisition agent will meet personally with each property owner to present the City’s purchase offer, explain the project design requirement and inform him or her of the City’s right-of-way acquisition process.
150
I Street Bridge Deck Conversion
City of West Sacramento

Page 16 of 20 ends

 Negotiate personally in good faith with each property owner, his/her agent or representative and discuss appraisal and valuation of the property interests, gather information from the property for consideration and address any questions or concerns that may arise during the acquisition process.  Establish and maintain an acquisition file for each property owner or property interest acquired and maintain a file checklist pursuant to the City’s specifications.  As may be required to secure Right of Entry Agreements; licenses or permits from property owners for purposes of performing hazardous waste, archeological and other inspections.  Promptly transmit executed documents (acquisition agreements, executed deeds, rental agreements, statements of information, offset statements, and the like) to the City for acceptance and processing.

A report summarizing the pertinent information relative to the transaction will be included.  Prepare and submit a Letter of Recommendation to the City for any proposed administrative settlements with property owners. The letter will include a chronology of the negotiation efforts, provide supporting evidence and documentation and an explanation of the benefits and rationale behind the recommendation.
 Escrow Coordination - Coordinate opening of escrows with direction from the project manager, assist the escrow company in obtaining additional documentation as necessary to provide clear title to the City, supervise and review the closing of escrows, and review closing statements for completeness and accuracy. We will serve as liaison between the title company, escrow holder, and the City. Upon closing of escrow, tax cancelation letters will be prepared for City signature, as necessary, for fee interest acquisitions.
 Recommend condemnation action when negotiations have reached an impasse. The required justification will be submitted in writing to the City. Our primary goal will be to reach an acceptance of the offer with each property owner. We will work with the City in recommending solutions to achieve acceptance of the offer.
 Eminent Domain Support – If requested, coordinate with City’s condemnation counsel, as required, to support the condemnation activities until the Resolution of Necessity is adopted and possession is granted by the courts. Litigation support after the hearing for the Resolution of Necessity, such as depositions, mediation appearances and expert testimony, can be provided on a time-and-materials basis.
 Perform any other normal procedures and processes to implement the acquisition assignment and provide any other supporting information and/or correspondence required by the City.  Provide bilingual acquisition agents, if necessary.
 Prepare all applicable forms, secure property owner’s approval and signature and submit the forms to the City for review and acceptance.
 Upon completion of the acquisition process for each property or property interest, or at project completion, Monument will provide the City with the original acquisition file as well as electronic copy of files for future audit purposes.

DELIVERABLES: ACQUISITION OF UP TO 8 PARCELS
151
I Street Bridge Deck Conversion
City of West Sacramento

Page 17 of 20 ends

C. Right-of-Way Certification
Monument will prepare and submit to Caltrans, and FHWA, if necessary, a right-of-way certification form and other required documents in accordance with the Caltrans Right of Way Manual and FHWA requirements.

TASK 11. PUBLIC ENGAGEMENT
Outreach Management and Community Engagement Plan

AIM will provide strategic advice and counsel, monitor team communications, and review project materials and reports. AIM will attend a project kick-off meeting in person and regular coordination meetings via Zoom/teams with the City and project team as needed. Up to 12 meetings.

AIM will develop a Community Engagement Plan for the duration of the project. The plan will serve as a roadmap, highlighting the strategies and tasks that will help the city achieve the project’s community engagement goals. It will include how to address public concerns, develop a shared idea for design and implementation, build community consensus on aesthetics, and prepare the community for the construction phase.

AIM will identify methods that incorporate best practices for accessibility, meeting residents where they are, approachability of government planning processes, and transparency. For the Community Engagement Plan, AIM will develop an outline of tasks and strategies to be approved by the city before developing the draft plan. The city will review the draft plan and provide one round of comments before AIM finalizes the plan and begins implementation.

Stakeholder Database and Ongoing Communications
AIM will work with the City of West Sacramento and the project team to develop and maintain a stakeholder database throughout the project’s duration. This database will include stakeholder name, contact information as well as the preferred method of contact and potential key concerns and/or areas of interest in the project.

Stakeholders include (but are not limited to)
 Current residents near the bridge alignment
 Stakeholder groups that represent community interests and help shape city  User groups that have been historically under-consulted in transportation design, accessibility groups/advocates, emergency services/vehicles; residents of underinvested communities  Agency partners
Project Webpage Content
AIM will develop content for a project webpage, which will be hosted on the City’s website. AIM will update the webpage with accurate and timely information to notify community members of important project information and opportunities to provide input throughout the project. Community members will be able to 152
I Street Bridge Deck Conversion
City of West Sacramento

Page 18 of 20 ends

access project information, such as easy-to-understand graphics and videos, multiple languages, and schedules, and provide their contact information to receive electronic project updates.

Communications Collateral Materials
To educate stakeholders and the community at large about the project including background, schedule, construction impacts, and ways to provide input, AIM will develop communication collateral materials. These collateral materials will be distributed through established channels of the city, at presentations, and workshops, and sent to stakeholders.

Direct Mailer Notification (2)
AIM will design two direct mail postcards containing project information and details about the project/and or public meetings. AIM will mail the postcard to residents and property owners in the project area identified by the City. The city will identify the project area and/or occur the costs for printing and postage of the postcards. (Billed through AIMs ODC)
Public Engagement Meetings (Up to 8 Touchpoints):

Community Focus Group Conversations (2) –
AIM will host two community focus group conversations within the neighborhoods of the priority populations. These conversations will be both an open-house format with displays in multiple languages as well as a facilitated conversation to allow the project team to understand how limited connectivity has impacted low-income and communities of color, their preference on concept designs, and any concerns and present the schedule for construction. One community focus group will be held in West Sacramento and the other in Sacramento with a focus on those local areas.
 Community focus group meetings will involve discussions around potential concerns and opportunities to enhance community benefits, and shared ideas for design and aesthetics.

Community representatives who will be invited to participate will include active transportation, environmental, neighborhood, and community advocacy. (First focus group will include a walking tour of the project area.)
o Prior to 35%
o Prior to 65%
At the conclusion of community conversations, AIM will develop a comprehensive summary that will include all input obtained and photography; these summaries will be posted to the project webpage.

Community Meetings (2)
Public meetings will engage current and future bridge users by providing opportunities to learn about the project and its goals and provide informed input throughout the process.

Community meeting #1: The first workshop will be held prior to the development of the 35% type selection report. The purpose of the workshop will be to build awareness and remind the community of the purpose 153
I Street Bridge Deck Conversion
City of West Sacramento

Page 19 of 20 ends

and need of the project and encourage participation throughout the design process. Topics include potential concerns, ideas for enhancing community benefits, begin developing shared ideas for design.

Community meeting #2: The second workshop will be at the project site and host a celebration of walking and cycling on the bridge deck and include community engagement exercises centered on accessibility and aesthetics.

AIM will develop informational materials about the project for each community meeting which may include board displays, interactive community engagement activities, informational fact sheets and brochures, and comment cards. AIM will provide all meeting supplies and coordinate all logistics. Following each public meeting, AIM will develop a summary that will include all community input received and photography; the summaries will be posted to the project webpage.

Pre-Construction Workshop (1)
Public meetings will engage current and future bridge users by providing opportunities to learn about the project and its goals and provide informed input throughout the process.  This workshop will be held prior to construction to identify and address any public concerns during the construction process.

AIM will develop informational materials about the project for the pre-construction workshop. AIM will provide all meeting supplies and coordinate all logistics. Following the workshop AIM will develop a summary that will include all community input received and photography; the summary will be posted to the project webpage.

Mark Thomas’s landscape architecture staff will participate in up to three public engagement meetings. The role of staff will be in support of others and to provide input when needed for elements associated with site design. Exhibits prepared for these meetings will be limited to those listed in Task 8.2.1 above.

TYLin will attend 4 (out of 6) public meetings (@ 3 hrs each). Respond to requests as needed for other meetings and creation of support documents/exhibits.

TASK 12. OPTIONAL DESIGN SUPPORT DURING CONSTRUCTION
Mark Thomas will attend preconstruction meeting, respond to construction RFI’s or design clarification, issue design modifications, and review shop drawings requiring designer review as noted by Caltrans Bridge Memo to Designers.

Mark Thomas will provide one set of record drawings, for the City of West Sacramento showing as-built changes as shown on red-lined markups provided to Consultant by the Resident Engineer. AIM and Mark Thomas will implement pre-construction public meeting and public alerts described by the outreach plan 154
Mark Thomas and Company, Inc.

CPE24-142 CIP 14028 - I Street Bridge Deck Conversion
Expires 12/31/2026
2388811.1 7203.543 22 rev 12/4/23

EXHIBIT C
Schedule of Performance
155
ID Task
Mode
Task Name Duration Start Finish
1 Notice to Proceed 0 days Jun 5 '24 Jun 5 '24
2 Data Collection & Review 40 days Jun 5 '24 Jul 30 '24 3 Site Visits 2 wks Jun 5 '24 Jun 18 '24
4 Data Collection & Review 2 wks Jun 5 '24 Jun 18 '24
5 Uniform Deck Alternative 6 wks Jun 19 '24 Jul 30 '24
6 Topographic Survey & Mapping 35 days Jun 5 '24 Jul 23 '24 7 Topographic Survey 3 wks Jun 5 '24 Jun 25 '24
8 Right of Way Mapping 2 wks Jun 26 '24 Jul 9 '24
9 Base Mapping 2 wks Jul 10 '24 Jul 23 '24
10 NEPA Environmental Documentation 220 days Jun 5 '24 Apr 8 '25 11 Project Description 2 wks Jun 5 '24 Jun 18 '24
12 Technical Studies 150 days Jun 19 '24 Jan 14 '25
20 Categorical Exclusion (CE) 60 days Jan 15 '25 Apr 8 '25 21 Engineering Studies & Reports 140 days Jul 31 '24 Feb 11 '25 22 Geotechnical Engineering 3 mons Sep 11 '24 Dec 3 '24 23 Phase II ESA 2 mons Dec 4 '24 Jan 28 '25
24 Type Selection Report 6 wks Jul 31 '24 Sep 10 '24
25 Drainage Analysis 4 wks Sep 11 '24 Oct 8 '24
26 Operations and Maintenance Support 4 wks Jan 15 '25 Feb 11 '25 27 Permits, Agreements & Coordination 250 days Sep 11 '24 Aug 26 '25 28 408/CVFPB 250 days Sep 11 '24 Aug 26 '25
29 LSA 1602 3 mons Sep 11 '24 Dec 3 '24
30 SLC 3 mons Sep 11 '24 Dec 3 '24
31 Coordinations & Meetings 3 mons Sep 11 '24 Dec 3 '24 32 Union Pacific RR (GO 88) 8 wks Feb 12 '25 Apr 8 '25
33 Utility Coordination 20 days Jun 5 '24 Jul 2 '24
34 Utility Letters 2 wks Jun 5 '24 Jun 18 '24
35 Utility Mapping 2 wks Jun 19 '24 Jul 2 '24
36 Final Design 290 days Jul 31 '24 Sep 9 '25
37 35% Plans 6 wks Jul 31 '24 Sep 10 '24
38 Aesthetic Alternatives 4 wks Sep 11 '24 Oct 8 '24
39 65% PS&E 12 wks Sep 11 '24 Dec 3 '24
40 95% PS&E 6 wks Dec 4 '24 Jan 14 '25
41 100% PS&E 4 wks Jan 15 '25 Feb 11 '25
42 Final PS&E 4 wks Feb 12 '25 Mar 11 '25
43 Bidding Support 30 days Jul 30 '25 Sep 9 '25
44 Right of Way Services 230 days Sep 11 '24 Jul 29 '25 45 Right of Way Exhibits 2 wks Sep 11 '24 Sep 24 '24
46 Fee Appraisal 60 days Sep 25 '24 Dec 17 '24
47 Appraisal Review 30 days Dec 18 '24 Jan 28 '25
48 Acquisition and Negotiation 120 days Jan 29 '25 Jul 15 '25 49 Right of Way Certification 2 wks Jul 16 '25 Jul 29 '25 50 Public Engagement 270 days Jun 5 '24 Jun 17 '25
51 Outreach Management and
Community Engagement
6 mons Oct 9 '24 Mar 25 '25
52 Stakeholder Database & Communication8 wks Jun 5 '24 Jul 30 '24 53 Project Webpage 36 wks Sep 11 '24 May 20 '25
54 Communications Collateral 2 wks Sep 11 '24 Sep 24 '24 55 Direct Mailers 2 wks Apr 9 '25 Apr 22 '25
56 Public Engagement Meetings 40 wks Sep 11 '24 Jun 17 '25 57 Construction Start 0 days Sep 9 '25 Sep 9 '25
6/5
9/9
26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 Jun '24 Jul '24 Aug '24 Sep '24 Oct '24 Nov '24 Dec '24 Jan '25 Feb '25 Mar '25 Apr '25 May '25 Jun '25 Jul '25 Aug '25 Sep '25 Oct '25 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Critical
Critical Split
Progress
Manual Progress

Page 1 ends

Project: I ST Deck Conversion S
Date: May 15 '24
*Right of Way Assumes
Early Aquisition to coincide
with I ST Bridge Replacement
project
156
Mark Thomas and Company, Inc.

CPE24-142 CIP 14028 - I Street Bridge Deck Conversion
Expires 12/31/2026
2388811.1 7203.543 23 rev 12/4/23

EXHIBIT D
Schedule of Fees
157
Principal
Sr. Engineering ManagerSr. Project ManagerProject ManagerSr. Project EngineerProject EngineerDesign Engineer IISr. TechnicianTechnicianSurvey Manager IIProject Surveyor ISurvey Specialist ILead Survey TechnicianSurvey Technician II2-Person Crew (OE3)*LAUD Division ManagerLAUD Project ManagerLandscape ArchitectLandscape Designer IILandscape Designer ISr. Project AccountantSr. Project CoordinatorAIMBennett EngineeringBlackburn ConsultingEarth Mechanics, IncICFModjeski and Masters, Inc.Monument ROWM. Neils EngineeringTYLin $393 $370 $259 $185 $186 $164 $142 $145 $97 $242 $177 $126 $157 $126 $328 $259 $211 $148 $117 $94 $146 $145 DBE DBE Non-DBE DBE Non-DBE Non-DBE DBE Non-DBE Non-DBE

1.0 Project Management and Coordination

1.1 Meetings and Consultation 40 40 40 4 16 8 148 $39,108 - - - 18,097 - 2,824 - 11,575 $71,604

1.2 Reporting and Invoicing 40 36 36 112 $20,853 - - - 18,317 - - - 3,320 $42,490

1.3 Quality Assurance and Quality Control 20 80 80 16 196 $47,183 - - - - - - - - $47,183

1.4 Project Schedule 36 36 $9,340 - - - - - - - - $9,340 Subtotal Phase 1 40 20 196 40 80 0 0 0 0 0 0 0 0 0 0 20 16 8 0 0 36 36 492 $116,484 $0 $0 $0 $0 $36,414 $0 $2,824 $0 $14,895 $170,617

2.0 Data Collection and Review

2.1 Site visits 8 8 8 4 8 6 42 $9,432 - - 243 - - - - $9,675

2.2 Data Collection and Review 4 4 80 2 8 98 $16,132 - - - 1,237 - - - - $17,368

2.2 Uniform Deck Alternative 20 120 40 180 $33,309 - - - 4,848 63,878 - - 5,173 $107,208 Subtotal Phase 2 8 0 32 12 120 80 0 40 0 0 0 0 0 0 0 0 4 10 14 0 0 0 320 $58,873 $0 $0 $0 $0 $6,327 $63,878 $0 $0 $5,173 $134,251

3.0 Topographic Survey and Right of Way Mapping

3.1 Topographic Survey 8 10 20 8 6 48 56 156 $33,810 - - - - - - - - $33,810

3.2 Right of Way Mapping & Acquisiton Documents 8 24 56 24 8 88 10 218 $35,852 - - - - - - - - $35,852

3.3 Base Mapping 8 40 48 $7,284 - - - - - - - - $7,284
Subtotal Phase 3 0 0 0 24 0 0 0 40 0 34 76 32 14 136 66 0 0 0 0 0 0 0 422 $76,946 $0 $0 $0 $0 $0 $0 $0 $0 $0 $76,946

4.0 NEPA Envirnmental Documentation

4.1 Project Description 2 8 8 18 $4,345 - - 1,505 - - - - $5,850

4.2 Technical Studies 0 $0 - - - - - - - $0

4.2.1 General 2 2 4 $890 - - - 2,492 - - - - $3,381

4.2.2 Cultural 2 2 4 $890 - - 24,529 - - - - $25,419

4.2.3 4f 2 2 4 $890 - - 5,353 - - - - $6,242

4.2.4 VIA 2 2 4 $890 - - 6,781 - - - - $7,671

4.2.5 NES 2 2 4 $890 - - 6,279 - - - - $7,169

4.2.6 AQ 2 2 4 $890 - 995 - - - - $1,885

4.2.7 Noise 2 2 4 $890 - - 1,053 - $1,943

4.3 Categorical Exclusion 4 4 4 12 $3,351 - - 1,722 - - - - $5,073 Subtotal Phase 4 6 0 26 26 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 58 $13,924 $0 $0 $0 $0 $50,707 $0 $0 $0 $0 $64,632

5.0 Engineering Studies and Reports

5.1 Geotechnical Engineering 2 20 4 26 $6,716 - - 292,618 - - - - - $299,334

5.2 Phase II Environmental Site Assessment 2 4 16 22 $4,448 - - 48,612 - - - - - - $53,060

5.3 Type Selection Report 2 20 200 300 522 $82,276 - - - - 20,035 - - 51,645 $153,956

5.4 Drainage Analysis 8 40 60 108 $16,564 - - - - - - - - $16,564

5.5 Operation and Maintenance Support 4 40 8 24 40 116 $23,048 - - - - - - - - $23,048 Subtotal Phase 5 10 0 84 20 0 280 100 300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 794 $133,052 $0 $0 $48,612 $292,618 $0 $20,035 $0 $0 $51,645 $545,962

6.0 Permits, Agreeements and Coordination

6.1 408/CVFPB 2 4 4 16 26 $5,189 - - - 9,833 - - - - $15,023

6.2 LSA 1602 2 4 4 16 26 $5,189 - - - 8,263 - - - - $13,452

6.3 SLC 2 4 4 16 26 $5,189 - - - 8,541 - - - - $13,730

6.4 Coordination/Meetings/Mgmt 8 8 8 16 40 $9,326 - - - 11,819 - - - - $21,145

6.5 Union Pacific Railroad (GO 88) 16 40 56 $12,484 - - - - - - - - $12,484 Subtotal Phase 6 14 16 20 20 0 104 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 174 $37,378 $0 $0 $0 $0 $38,456 $0 $0 $0 $0 $75,834

7.0 Utility Coordination

7.1 Utility Letters 4 40 44 $7,302 - - - - - - - - $7,302

7.2 Utility Mapping 4 40 80 124 $15,062 - - - - - - - - $15,062 Subtotal Phase 7 0 0 0 8 0 80 0 0 80 0 0 0 0 0 0 0 0 0 0 0 0 0 168 $22,364 $0 $0 $0 $0 $0 $0 $0 $0 $0 $22,364 Total MT Cost
COST PROPOSAL FOR PROJECT SCOPE: West Sacramento I Street Bridge Deck Conversion Subconsultants

TOTAL COST
Total
Hours
158 5/8/2024
Principal
Sr. Engineering ManagerSr. Project ManagerProject ManagerSr. Project EngineerProject EngineerDesign Engineer IISr. TechnicianTechnicianSurvey Manager IIProject Surveyor ISurvey Specialist ILead Survey TechnicianSurvey Technician II2-Person Crew (OE3)*LAUD Division ManagerLAUD Project ManagerLandscape ArchitectLandscape Designer IILandscape Designer ISr. Project AccountantSr. Project CoordinatorAIMBennett EngineeringBlackburn ConsultingEarth Mechanics, IncICFModjeski and Masters, Inc.Monument ROWM. Neils EngineeringTYLin $393 $370 $259 $185 $186 $164 $142 $145 $97 $242 $177 $126 $157 $126 $328 $259 $211 $148 $117 $94 $146 $145 DBE DBE Non-DBE DBE Non-DBE Non-DBE DBE Non-DBE Non-DBE Total MT Cost
Subconsultants

TOTAL COST
Total
Hours

8.0 Final Design

8.1 35% Plans 4 20 80 120 2 40 64 120 450 $67,911 - - - - 16,205 - - 19,014 $103,130

8.2 Aesthetic Alternatives Development and Presentation 16 40 40 4 32 80 160 40 412 $58,498 - - - - - - - 98,744 $157,242

8.3 65% PS&E 0 $0 - - - - - - - - $0

8.3.1 Draft Transportation Management Plan (TMP) 8 24 40 72 $11,100 - - - - - - - - $11,100

8.3.2 Trail and Roadway Plans 2 40 120 200 362 $56,284 - 37,432 - - - - - - $93,716

8.3.3 Structure Plans 2 160 600 420 400 800 2382 $395,581 - - - - - - - - $395,581

8.3.4 Landscape and Architecture 4 8 4 80 120 240 120 576 $77,557 - - - - - - - $77,557

8.3.5 Electrical Plans 8 8 $1,484 - - - - - - 94,776 - $96,259

8.3.6 Cost Estimates 4 8 8 120 140 $22,171 - - - - - - - - $22,171

8.4 95% PS&E 0 $0 - - - - - - - - $0

8.4.1 Final Transportation Management Plan (TMP) 8 12 24 44 $6,860 - - - - - - - - $6,860

8.4.2 Trail and Roadway Plans 4 20 40 80 144 $23,201 - 18,716 - - - - - - $41,917

8.4.3 Structure Plans 120 300 600 200 400 1620 $271,736 - - - - - - - - $271,736

8.4.4 Landscape and Architecture 4 8 4 60 100 200 40 416 $58,177 - - - - - - - $58,177

8.4.5 Electrical Plans 8 8 $1,484 - - - - - - 45,093 - $46,577

8.4.6 Cost Estimates 8 8 20 60 100 196 $31,319 - - - - - - - - $31,319

8.5 100% PS&E 0 $0 - - - - - - - - $0

8.5.1 Trail and Roadway Plans 4 4 $1,572 - 10,364 - - - - - - $11,936

8.5.2 Structure Plans 80 200 100 100 200 680 $117,556 - - - - - - - - $117,556

8.5.3 Landscape and Architecture 4 8 32 80 120 40 284 $38,913 - - - - - - - $38,913

8.5.4 Electrical Plans 8 8 $1,484 - - - - - - 7,553 - $9,037

8.5.5 Cost Estimates 6 20 40 40 106 $17,517 - - - - - - - - $17,517

8.5.6 RE Pending File 6 40 46 $7,673 - - - - - - - - $7,673

8.6 Final PS&E 0 $0 - - - - - - - - $0

8.6.1 Trail and Roadway Plans 4 4 $1,572 - 8,352 - - - - - - $9,924

8.6.2 Structure Plans 20 100 100 80 120 420 $68,950 - - - - - - - - $68,950

8.6.3 Landscape and Architecture 4 8 24 32 80 148 $21,681 - - - - - - - $21,681

8.6.4 Electrical Plans 8 8 $1,484 - - - - - - 3,026 - $4,510

8.6.5 Cost Estimates 2 4 4 20 20 40 90 $15,245 - - - - - - - - $15,245

8.6.6 Request for Authorization Package 4 12 24 40 $9,136 - - - - - - - - $9,136 Subtotal Phase 8 30 0 450 210 1260 1696 1584 1520 0 0 0 0 0 0 0 14 268 476 920 240 0 0 8668 $1,386,142 $0 $74,864 $0 $0 $0 $16,205 $0 $150,448 $117,758 $1,745,418

9.0 Bidding Support

9.1 Bidding Assistance and Support 4 8 6 18 $2,730 - - - - - - - - $2,730 Subtotal Phase 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 8 6 0 0 0 18 $2,730 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,730

10.0 Right of Way Services

10.1 Right of Way Exhibits 2 16 40 80 138 $17,193 - - - - - 20,810 - - $38,003

10.2 Fee Appraisal 2 8 10 $2,269 - - - - - 15,406 - - $17,676

10.3 Appraisal Review 2 8 10 $2,269 - - - - - 10,098 - - $12,368

10.4 Acquisition and Negotiations 2 8 10 $2,269 - - - - - 2,771 - - $5,040

10.5 Right of Way Certification 2 16 16 34 $6,025 - - - - - 3,239 - - $9,264 Subtotal Phase 10 10 0 0 56 0 0 56 0 80 0 0 0 0 0 0 0 0 0 0 0 0 0 202 $30,026 $0 $0 $0 $0 $0 $0 $52,324 $0 $0 $82,350

11.0 Public Engagement

11.1 Outreach Management and Community Engagement 8 16 16 40 80 $16,821 23,775 - - - - - - 13,662 $54,259

11.2 Stakeholder Database and Communication 0 $0 10,266 - - - - - - - $10,266

11.3 Project Webpage Content 0 $0 11,046 - - - - - - - $11,046

11.4 Communications Collateral Materials 0 $0 10,280 - - - - - - - $10,280

11.5 Direct Mailer Notification 0 $0 8,862 - - - - - - - $8,862

11.6 Public Engagement Meetings 16 16 16 40 80 6 6 180 $29,879 7,630 - - - - - - - $37,509 Subtotal Phase 11 24 0 32 32 0 80 0 0 80 0 0 0 0 0 0 0 6 6 0 0 0 0 260 $46,700 $71,859 $0 $0 $0 $0 $0 $0 $0 $13,662 $132,222

12.0 Design Support During Construction (Optional)

12.1 Meetings and Site Visits 0 $0 - - - - - - - - $0

12.2 RFI and Submittal Reviews 0 $0 - - - - - - - - $0
Subtotal Phase 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL HOURS 142 36 840 448 1460 2320 1740 1900 240 34 76 32 14 136 66 34 298 508 940 240 36 36 11576 Anticipated Salary Increases $0 $0 $0 $11,573 $7,337 $0 $0 $0 $0 $18,910 OTHER DIRECT COSTS $4,800 $7,800 $0 $25,188 $180,198 $787 $0 $82,000 $0 $1,769 $302,541 TOTAL COST $55,793 $13,328 $217,922 $83,083 $271,567 $380,484 $247,078 $275,508 $23,280 $8,228 $13,451 $4,032 $2,198 $17,137 $21,648 $8,806 $62,882 $75,189 $109,971 $22,559 $5,256 $5,220 $1,929,420 $79,659 $74,864 $73,800 $484,389 $140,028 $100,118 $137,148 $150,448 $204,902 $3,374,777 159 5/8/2024
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Mark Thomas & Company, Inc.

Project No. Contract No. Date 5/3/2024
Range Hours Actual Hourly
Rate Total
Principal $138 - $165 154.50 $ - $
Principal $138 - $165 142 142.50 $ 20,235.00 $
Sr. Engineering Manager $112 - $148 137.82 $ - $
Sr. Engineering Manager $112 - $148 36 134.27 $ 4,833.72 $ Engineering Manager $105 - $126 115.69 $ - $
Design Manager $101 - $126 115.69 $ - $
Sr. Project Manager $75 - $107 840 94.09 $ 79,035.60 $
Sr. Project Manager $75 - $107 96.11 $ - $
Sr. Technical Lead $75 - $107 96.11 $ - $
Project Manager $62 - $88 77.61 $ - $
Project Manager $62 - $88 448 67.26 $ 30,132.48 $
Technical Lead $62 - $88 77.61 $ - $
Sr. Project Engineer $56 - $78 1460 67.46 $ 98,491.60 $ Sr. Technical Engineer $56 - $78 67.46 $ - $
Project Engineer $50 - $70 2320 59.48 $ 137,993.60 $
Civil Engineering Designer $40 - $67 56.94 $ - $
Design Engineer II $38 - $62 1740 51.50 $ 89,610.00 $
Design Engineer I $30 - $52 41.71 $ - $
Sr. Planner $38 - $62 51.50 $ - $
Planner II $31 - $53 42.80 $ - $
Planner I $28 - $45 34.09 $ - $
Sr. Technician $40 - $63 1900 52.59 $ 99,921.00 $
Technician $23 - $46 240 35.18 $ 8,443.20 $
Intern $17 - $34 23.94 $ - $
Survey Division Manager $85 - $126 115.33 $ - $
Survey Manager II $74 - $96 34 87.77 $ 2,984.18 $
Survey Manager I $69 - $89 78.70 $ - $
Project Surveyor III $65 - $91 80.51 $ - $
Project Surveyor II $60 - $80 69.63 $ - $
Project Surveyor I $52 - $75 76 64.19 $ 4,878.44 $
Asst Surveyor III $45 - $65 54.76 $ - $
Asst Surveyor II $41 - $60 49.32 $ - $
Asst Surveyor I $35 - $54 43.88 $ - $
Survey Specialist III $58 - $87 76.53 $ - $
Survey Specialist II $45 - $69 58.75 $ - $
Survey Specialist I $35 - $56 32 45.70 $ 1,462.40 $
Lead Survey Technician $46 - $67 14 56.94 $ 797.16 $
Survey Technician III $37 - $60 49.32 $ - $
Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
*Kira Caselli*
Jason Hickey*
Zach Sivigila*
Etty Mercurio*
1 160
Survey Technician II $34 - $56 136 45.70 $ 6,215.20 $
Survey Technician I $19 - $51 40.26 $ - $
Chief of Party (OE3)* $55 - $73 62.02 $ - $
Instrumentperson (OE3)* $51 - $67 56.58 $ - $
Chainperson (OE3)* $48 - $65 54.76 $ - $
Apprentice (OE3)* $28 - $50 39.53 $ - $
2-Person Crew (OE3)* $103 - $129 66 118.96 $ 7,851.36 $ 3-Person Crew (OE3)* $133 - $169 158.85 $ - $
Utility Locator (PW North)* $44 - $60 49.32 $ - $
2-Person Utility Locate (PW North)* $90 - $108 97.20 $ - $ Chief of Party (OE12)* $64 - $84 73.26 $ - $
Instrumentperson (OE12)* $58 - $77 66.01 $ - $
Chainperson (OE12)* $58 - $75 64.19 $ - $
Apprentice (OE12)* $24 - $50 39.53 $ - $
2-Person Crew (OE12)* $122 - $148 137.46 $ - $
3-Person Crew (OE12)* $146 - $186 175.54 $ - $
Utility Locator (PW South)* $62 - $78 67.82 $ - $
2-Person Utility Locate (PW South)* $125 - $148 137.46 $ - $ LAUD Division Manager $85 - $104 34 93.93 $ 3,193.62 $
Sr. LAUD Project Manager $77 - $99 88.13 $ - $
LAUD Project Manager $65 - $87 298 76.53 $ 22,805.94 $
Sr. Landscape Architect $41 - $70 59.12 $ - $
Landscape Architect $38 - $64 508 53.68 $ 27,269.44 $
Landscape Designer II $33 - $53 940 42.43 $ 39,884.20 $ Landscape Designer I $27 - $45 240 34.09 $ 8,181.60 $
Landscape Intern $17 - $34 23.94 $ - $
District Manager-Engineer $110 - $133 122.22 $ - $
Deputy District Manager $97 - $120 109.89 $ - $
Operations Manager $78 - $106 95.38 $ - $
Sr. Sanitary Project Engineer $68 - $95 84.87 $ - $
Sanitary Project Engineer $57 - $85 74.71 $ - $
Associate Sanitary Engineer $54 - $75 64.19 $ - $
Assistant Sanitary Engineer $48 - $67 56.22 $ - $
Sr. Inspector* $42 - $60 49.32 $ - $
Inspector* $34 - $52 41.35 $ - $
Inspector - Apprentice* $21 - $40 29.38 $ - $
Area Manager - CM $105 - $145 134.19 $ - $
Division Manager - CM $105 - $134 123.31 $ - $
Sr. Resident Engineer $90 - $118 107.35 $ - $
Sr. Project Manager - CM $80 - $112 101.91 $ - $
Project Manager - CM $72 - $103 92.85 $ - $
Resident Engineer $72 - $103 92.12 $ - $
Project Controls/Scheduler $53 - $88 77.25 $ - $
Inspector - CM* $43 - $88 77.61 $ - $
Asst. Resident Engineer* $55 - $89 78.70 $ - $
Office Engineer $38 - $66 55.85 $ - $
Office Technician $22 - $40 29.38 $ - $
Expert Witness $170 - $185 179.16 $ - $
1 161
Strategic Consulting $170 - $185 179.16 $ - $
Funding Manager $88 - $114 103.36 $ - $
Sr. Funding Specialist $52 - $78 67.10 $ - $
Funding Specialist $38 - $67 56.94 $ - $
Project Accountant Manager $55 - $78 67.10 $ - $
Sr. Project Accountant $41 - $63 36 52.95 $ 1,906.20 $
Project Accountant $36 - $57 46.79 $ - $
Sr. Project Coordinator $43 - $63 36 52.59 $ 1,893.24 $ Project Coordinator $33 - $52 41.71 $ - $
Sr. Project Assistant $34 - $52 41.35 $ - $
Project Assistant $24 - $42 31.92 $ - $
Sr. Technical Writer $35 - $59 48.96 $ - $
Technical Writer $21 - $42 31.92 $ - $
Sr. Graphic Manager $50 - $73 62.74 $ - $
Sr. Graphic Designer $40 - $64 53.68 $ - $
Graphic Designer $35 - $56 45.70 $ - $

LABOR COSTS
$ 698,019.18
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 698,019.18

INDIRECT COSTS

95.61% ) e) Total Fringe Benefits [(c) x (d)] 667,376.14 $

55.05% ) g) Overhead [(c) x (f)] 384,259.56 $
) i) Gen & Admin [(c) x (h)] - $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 1,051,635.70 $ FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 174,965.49 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
4 LS $ 1,200.00 $ 4,800.00
l) TOTAL OTHER DIRECT COSTS $ 4,800.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) AIM $ 79,659.49
Bennett $ 74,864.16
Blackburn Consulting $ 73,800.06
Earth Mechanics, Inc $ 484,388.85
ICF $ 140,027.63
Modjeski and Masters, Inc. $ 100,117.91
Monument ROW $ 137,148.47
M. Neils Engineering $ 150,448.05
TYLin $ 204,901.76
m) TOTAL SUBCONSULTANTS' COSTS 1,445,356.38 $
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 1,450,156.38 TOTAL COST [(c) + (j) + (k) + (n)] $ 3,374,776.75
NOTES:

1. d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Misc Survey (Maps, PTR's etc.)
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) Subconsultant 6:

Subconsultant 7:

Subconsultant 8:

Subconsultant 9:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Subconsultant 1:

Subconsultant 2:

Subconsultant 4:

Subconsultant 5:

Subconsultant 3:
1 162

2. 3.
asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany. 1 163
Consultant
Project No. Contract No. Date 5/3/2024

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 698,019.18 = $ 60.30 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 60.30 + = $ 63.31 Year 2 Avg Hourly Rate
Year 2 $ 63.31 + = $ 66.48 Year 3 Avg Hourly Rate
Year 3 $ 66.48 + = $ 69.80 Year 4 Avg Hourly Rate
Year 4 $ 69.80 + = $ 73.29 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 11576.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 11576.0
Year 1 $ 60.30 * = $ 698,019.18 Estimated Hours Year 1
Year 2 $ 63.31 * = $ - Estimated Hours Year 2
Year 3 $ 66.48 * = $ - Estimated Hours Year 3
Year 4 $ 69.80 * = $ - Estimated Hours Year 4
Year 5 $ 54.12 * = $ - Estimated Hours Year 5
= $ 698,019.18
= $ 698,019.18
= $ - Transfer to Page 1
NOTES:

1. 2.

3. Total Hours
per Cost Proposal per Cost Proposal
11576

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
Mark Thomas & Company
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 0 0
0 0
Total Direct Labor Cost with Escalation
11576.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
11576
Completed Each Year per Cost Proposal
11576.0
11576.0
11576.0
11576.0
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
Direct Labor Subtotal
1 164

4. Calculations for anticipated salary escalation must be provided. 1 165
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: R. Matt Brogan Title *: Vice President
Signature: Date of Certification: 5/8/2024
Email: [email protected] Phone number: (916) 381-9100 Address: 701 University Avenue, Suite 200, Sacramento, CA 95825 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
1 166
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: AIM Consulting
Project No. Contract No. Date
Range Hours Actual Hourly
Rate Total
Outreach Oversight 44 95.00 $ $ 4,180.00
Senior Project Manager 80 $ 61.01 $ 4,880.66
Project Manager 114 $ 51.67 $ 5,890.38
Project Coordinator II 139 $ 41.01 $ 5,700.39
Project Coordinator I 150 $ 35.05 $ 5,257.50
Graphic Design 55 $ 75.00 $ 4,125.00

LABOR COSTS
$ 30,033.93
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 30,033.93

INDIRECT COSTS

28.72% ) e) Total Fringe Benefits [(c) x (d)] 8,625.75 $

42.53% ) g) Overhead [(c) x (f)] 12,773.43 $
46% ) i) Gen & Admin [(c) x (h)] 13,893.70 $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 35,292.88
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 6,532.68 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ 2,200.00
$ 1,800.00
$ 800.00
$ 2,000.00
$ 600.00
$ 400.00
l) TOTAL OTHER DIRECT COSTS $ 7,800.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 7,800.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 79,659.49
NOTES:

1. 2.

3. Note: Mark-ups are Not Allowed
Gladys Cornell
Katie DeMaio
I Street Bridge Conversion

DIRECT LABOR
Classification/Title Name
Elise Brockett
TBD
TBD
Darlene Tran
Description of Item
Event Expenses
Printing
Public Signage
Postage/Printing for Mailers (billed at cost)
Social Media Ads
Notification Stratiges
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany. a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Subconsultant 1:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 167
Consultant
Project No. Contract No. Date

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 30,033.93 = $ 51.60 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 51.60 + = $ 54.18 Year 2 Avg Hourly Rate
Year 2 $ 54.18 + = $ 56.89 Year 3 Avg Hourly Rate
Year 3 $ 56.89 + = $ 59.74 Year 4 Avg Hourly Rate
Year 4 $ 59.74 + = $ 62.73 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 60.00% * = 349.2 Estimated Hours Year 1
Year 2 20.00% * = 116.4 Estimated Hours Year 2
Year 3 20.00% * = 116.4 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 582.0
Year 1 $ 51.60 * = $ 18,020.36 Estimated Hours Year 1
Year 2 $ 54.18 * = $ 6,307.13 Estimated Hours Year 2
Year 3 $ 56.89 * = $ 6,622.48 Estimated Hours Year 3
Year 4 $ 59.74 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 30,949.97
= $ 30,033.93
= $ 916.03 Transfer to Page 1
NOTES:

1. 2.

3. 4.

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
349
116
116
0 0
Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
582.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 5%
582.0
5%
5%
AIM Consulting

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
582.0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
582

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
582.0
582.0
Cost per Year
Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 168
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Katie DeMaio Title *: President
Signature: Date of Certification: 8/21/2023
Email: [email protected] Phone number: 916-442-1168 Address: 2523 J Street; Suite 202 - Sacramento CA 95814 List services the consultant is providing under the proposed contract:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Certification of Direct Costs:
169
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Bennett Engineering Services
Project No. Contract No. Date 8/18/2023
Range Hours Actual
Hourly Rate Total
36 $ 96.15 $ 3,461.40
104 $ 73.46 $ 7,639.84
$50.00 - $65.00 74 $ 62.20 $ 4,602.80
$44.00 - $55.00 72 $ 53.38 $ 3,843.36
$40.00 - $50.00 136 $ 41.62 $ 5,660.32
LABOR COSTS 422
$ 25,207.72
$ -
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 25,207.72

INDIRECT COSTS

76.08% ) e) Total Fringe Benefits [(c) x (d)] $ 19,178.03

93.91% ) g) Overhead [(c) x (f)] $ 23,672.57
) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 42,850.60
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 6,805.83 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 74,864.16
NOTES:

1. 2.

3. Engineer 9
Engineer 7
Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Keith Rhodes
Carlton Allen
Description of Item
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Subconsultant 1:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Engineer 5 Staff
Engineer 4 Staff
Engineer 3 Staff
Anticipated salary increases calculation (page 2) must accompany. 170
Consultant
Project No. Contract No. Date 8/18/2023

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 25,207.72 = $ 59.73 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 59.73 + = $ 62.12 Year 2 Avg Hourly Rate
Year 2 $ 62.12 + = $ 64.61 Year 3 Avg Hourly Rate
Year 3 $ 64.61 + = $ 67.19 Year 4 Avg Hourly Rate
Year 4 $ 67.19 + = $ 69.88 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 422.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 422.0
Year 1 $ 59.73 * = $ 25,207.72 Estimated Hours Year 1
Year 2 $ 62.12 * = $ - Estimated Hours Year 2
Year 3 $ 64.61 * = $ - Estimated Hours Year 3
Year 4 $ 67.19 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 25,207.72
= $ 25,207.72
= $ - Transfer to Page 1
NOTES:

1. 2.

3. 4.

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
422
0 0
0 0
Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
422.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 4%
422.0
4%
4%
Bennett Engineering Services

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
422.0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
422

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
4%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
422.0
422.0
Cost per Year
Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 171
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Leo Rubio Title *: President
Signature: Date of Certification: 8/18/2023
Email: [email protected] Phone number: 916-771-6140
Address: 1082 Sunrise Avenue, Suite 100 Roseville, CA 95661 List services the consultant is providing under the proposed contract:

Civil engineering - bike trail design
Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Certification of Direct Costs:
172
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Blackburn Consulting City of West Sacramento I Street Bridge Deck Conversion - Phase I ESA Project No. Contract No. Date 5/1/2024
Home ICR
Hours Actual Hourly Rate Total

1.0 $ 93.62 $ 93.62

7.0 $ 52.90 $ 370.30

32.0 $ 52.79 $ 1,689.28

1.0 $ 37.00 $ 37.00

1.0 $ 41.00 $ 41.00

1.0 $ 23.00 $ 23.00
$ -
LABOR COSTS 43.0
$ 2,254.20
$ -
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 2,254.20

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] $ -
286.60% ) g) Overhead [(c) x (f)] $ 6,460.54
) i) Gen & Admin [(c) x (h)] $ -

73.91 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 6,460.54 FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 871.47 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total

20.00 Mile $ 0.670 $ 13.40

2.00 Each $ 350.000 $ 700.00
$ -
l) TOTAL OTHER DIRECT COSTS $ 713.40
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $ -
$ -
$ -
$ -
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 713.40 TOTAL COST [(c) + (j) + (k) + (n)] $ 10,299.61
NOTES:

1. 2.

3. Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Principal in Charge Haze Rodgers
Sr. Project Manager Laura Long
Sr. Environmental Geologist Brian Carey
f) Overhead & G&A (Rate:

CAD Drafter Ryan Pierson Hiett
Administrative Assistant Natalie Mutto
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:

Contract Administrator Kelly Rasch
Subconsultant 3:
h) General & Admin (Rate:

Description of Item
Mileage @ IRS Rate
Records Search
Subconsultant 1:

Subconsultant 2:

Subconsultant 4:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany. 173
Consultant
Project No. Contract No. Date 5/1/2024

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 2,254.20 = $ 52.42 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 52.42 + = $ 54.00 Year 2 Avg Hourly Rate
Year 2 $ 54.00 + = $ 55.62 Year 3 Avg Hourly Rate
Year 3 $ 55.62 + = $ 57.28 Year 4 Avg Hourly Rate
Year 4 $ 57.28 + = $ 59.00 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 43.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 43.0
Year 1 $ 52.42 * = $ 2,254.20 Estimated Hours Year 1
Year 2 $ 54.00 * = $ - Estimated Hours Year 2
Year 3 $ 55.62 * = $ - Estimated Hours Year 3
Year 4 $ 57.28 * = $ - Estimated Hours Year 4
Year 5 $ 54.12 * = $ - Estimated Hours Year 5
= $ 2,254.20
= $ 2,254.20
= $ - Transfer to Page 1
NOTES:

1. 2.

3. 4.
per Cost Proposal per Cost Proposal

CALCUATIONS FOR ANTICIPATED SALARY INCREASES
Blackburn Consulting
Direct Labor Subtotal Total Hours

43.0 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
3%
3%
3%
3%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours)

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Estimated % Total Hours
Completed Each Year per Cost Proposal

43.0 43.0

43.0 43.0

43.0 Total
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Calculations for anticipated salary escalation must be provided.

43.0 0
0 0
0 Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 174
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: _____Wendy Supinger_________________________________ Title *: ___Principal___________________________________ Signature: _________________________________________________ Date: ________5/01/24________________________________ Email: [email protected]_______________________ Phone number: ___530-887-1494_______________________ Address: __Blackburn Consulting, 11521 Blocker Dr., Ste. 110, Auburn, CA 95603_____________________________________________ * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Phase I and Phase II Environmental Site Assessments for the City of West Sacramento I Street Bridge Deck Conversion project. 175
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Blackburn Consulting City of West Sacramento I Street Bridge Deck Conversion - Phase II ESA Project No. Contract No. Date 5/1/2024
Home ICR
Hours Actual Hourly Rate Total

2.0 $ 93.62 $ 187.24

28.0 $ 52.90 $ 1,481.20

71.0 $ 52.79 $ 3,748.09

18.0 $ 41.46 $ 746.28

18.0 $ 28.70 $ 516.60
$ 49.92 $ -
$ 26.65 $ -

8.0 $ 37.00 $ 296.00

2.0 $ 41.00 $ 82.00

5.0 $ 23.00 $ 115.00

12.0 $ 71.26 $ 855.12

12.0 $ 95.79 $ 1,149.48
$ 74.86 $ -
$ 99.39 $ -
LABOR COSTS 176.0
$ 9,177.01
$ -
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 9,177.01

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] $ -
286.60% ) g) Overhead [(c) x (f)] $ 26,301.31
) i) Gen & Admin [(c) x (h)] $ -

73.91 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 26,301.31 FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 3,547.83 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total

90.00 Mile $ 0.670 $ 60.30

1.00 Each $ 6,446.00 $ 6,446.00
Specialty vendor (Traffic Control) 1.00 Each $ 2,200.00 $ 2,200.00 Outside Laboratory Analysis 1.00 Each $ 10,344.00 $ 10,344.00 Permitting 1.00 Each $ 2,640.00 $ 2,640.00
GPR Survey 1.00 Each $ 1,440.00 $ 1,440.00
PID 3.00 Day $ 100.00 $ 300.00
Hand Sampling Equipment 3.00 Day $ 348.00 $ 1,044.00
$ -
l) TOTAL OTHER DIRECT COSTS $ 24,474.30
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $ -
$ -
$ -
$ -
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 24,474.30 TOTAL COST [(c) + (j) + (k) + (n)] $ 63,500.45
NOTES:

1. 2.

3. Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany.

PW OT Materials Tester/Insp Grp 3 Alex Garcia
Subconsultant 1:
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Mileage @ IRS Rate
Specialty vendor (Exploratory Driller)
Sr. Project Manager
Principal in Charge Haze Rodgers
Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Laura Long
PW Materials Tester/Insp Grp 3 Alex Garcia
Administrative Assistant Natalie Mutto
PW Materials Tester/Insp Grp 3 Luke Morrell
PW OT Materials Tester/Insp Grp 3 Luke Morrell
Sr. Environmental Geologist Brian Carey
CAD Drafter Ryan Pierson Hiett
Contract Administrator Kelly Rasch
Project Engineer Luke Morrell
Project Engineer Alex Garcia
Project Engineer Daniel Contreras
Project Engineer Dennis Magana
176
Consultant
Project No. Contract No. Date 5/1/2024

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 9,177.01 = $ 52.14 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 52.14 + = $ 53.71 Year 2 Avg Hourly Rate
Year 2 $ 53.71 + = $ 55.32 Year 3 Avg Hourly Rate
Year 3 $ 55.32 + = $ 56.98 Year 4 Avg Hourly Rate
Year 4 $ 56.98 + = $ 58.69 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 176.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 176.0
Year 1 $ 52.14 * = $ 9,177.01 Estimated Hours Year 1
Year 2 $ 53.71 * = $ - Estimated Hours Year 2
Year 3 $ 55.32 * = $ - Estimated Hours Year 3
Year 4 $ 56.98 * = $ - Estimated Hours Year 4
Year 5 $ 54.12 * = $ - Estimated Hours Year 5
= $ 9,177.01
= $ 9,177.01
= $ - Transfer to Page 1
NOTES:

1. 2.

3. 4.

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year
(calculated above) (calculated above)
Calculations for anticipated salary escalation must be provided. 176.0
0 0
0 0
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Total

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
176.0
176.0
176.0
176.0
176.0
per Cost Proposal per Cost Proposal
176.0

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
3%
3%
3%
3%
Direct Labor Subtotal Total Hours

CALCUATIONS FOR ANTICIPATED SALARY INCREASES
Blackburn Consulting
177
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Town of Paradise Upper Skyway Connectivity Project Geotechnical and Environmental Site Assessment services.

List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: _____Wendy Supinger_________________________________ Title *: ___Principal___________________________________ Signature: _________________________________________________ Date: ________5/01/24________________________________ Email: [email protected]_______________________ Phone number: ___530-887-1494_______________________ Address: __Blackburn Consulting, 11521 Blocker Dr., Ste. 110, Auburn, CA 95603_____________________________________________ * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Phase I and Phase II Environmental Site Assessments for the City of West Sacramento I Street Bridge Deck Conversion project. 178
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Earth Mechanics, Inc.

Project No. Contract No. Date 1/9/2024
Range Hours Actual
Hourly Rate Total
Principal $101.60 - $106.70 140 $ 101.60 $ 14,224.00
Principal Engineer / Geologist $77.90 - $101.60 100 $ 101.60 $ 10,160.00 Senior Engineer / Geologist $63.70 - $75.30 260 $ 75.30 $ 19,578.00 Senior Project Engineer / Geologi $54.70 - $68.60 260 $ 68.60 $ 17,836.00 Project Engineer / Geologist $50.30 - $58.30 200 $ 58.30 $ 11,660.00 Senior Staff Engineer / Geologist $47.00 - $51.30 140 $ 51.30 $ 7,182.00 Staff Engineer / Geologist $33.00 - $45.10 110 $ 45.10 $ 4,961.00 Senior Technician $49.60 - $52.50 200 $ 52.50 $ 10,500.00 Technician $22.70 - $27.20 80 $ 27.20 $ 2,176.00

LABOR COSTS
$ 98,277.00
$ 3,886.86
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 102,163.86

INDIRECT COSTS

58.42% ) e) Total Fringe Benefits [(c) x (d)] $ 59,684.12 112.26% ) g) Overhead [(c) x (f)] $ 114,689.14
0% ) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 174,373.27
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 12% $ 33,184.45 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
29 Day $ 4,877.00 $ 141,433.00
95 Drum $ 165.00 $ 15,675.00
19 Test $ 750.00 $ 14,250.00
1 Meter $ 500.00 $ 500.00
2 Permit $ 1,200.00 $ 2,400.00
2000 Mile $ 0.670 $ 1,340.00
23 Day $ 200.00 $ 4,600.00
l) TOTAL OTHER DIRECT COSTS $ 180,198.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 180,198.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 489,919.58
NOTES:

1. 2.

3. Anticipated salary increases calculation (page 2) must accompany. a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Subconsultant 1:

Subconsultant 2:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Description of Item
Drill Rig Rental
Soil Cuttings (drums) disposal
Soil Cutting Contaminants Testing
Water Meter
Well Permit
Mileage
EMI Per Diem
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

DIRECT LABOR
Classification/Title Name
Note: Mark-ups are Not Allowed
Alahesh Thurairajah
179
Consultant
Project No. Contract No. Date 1/9/2024

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 98,277.00 = $ 65.96 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 65.96 + = $ 69.26 Year 2 Avg Hourly Rate
Year 2 $ 69.26 + = $ 72.72 Year 3 Avg Hourly Rate
Year 3 $ 72.72 + = $ 76.35 Year 4 Avg Hourly Rate
Year 4 $ 76.35 + = $ 80.17 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 23.00% * = 342.7 Estimated Hours Year 1
Year 2 75.00% * = 1117.5 Estimated Hours Year 2
Year 3 2.00% * = 29.8 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 1490.0
Year 1 $ 65.96 * = $ 22,603.71 Estimated Hours Year 1
Year 2 $ 69.26 * = $ 77,393.14 Estimated Hours Year 2
Year 3 $ 72.72 * = $ 2,167.01 Estimated Hours Year 3
Year 4 $ 76.35 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 102,163.86
= $ 98,277.00
= $ 3,886.86 Transfer to Page 1
NOTES:

1. 2.

3. 4. Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
1490.0
1490.0
Cost per Year
Earth Mechanics, Inc.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
1490.0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
1490

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
343
1118
30 0
0 Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
1490.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 5%
1490.0
5%
5%
180
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Alaheswaran Thurairajah Title *: President
Signature: Date of Certification: 1/9/2024
Email: [email protected] Phone number: 714-751-3826 Address: 17800 Newhope Street, Suite B, Fountain Valley, CA 92708 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
541330 - Geotechnical Engineering
541380 - Laboratory Testing
181
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: ICF Jones & Stokes, Inc.

Project No. Contract No. Date revised 4/30/2024
Range Hours Actual Hourly
Rate Total
Sr Tech Analyst n/a 176 $ 78.19 $ 13,761.44
Tech Dir n/a 17 $ 80.76 $ 1,372.92
Sr Consult III n/a 54 $ 61.63 $ 3,328.02
Sr Consult III n/a 10 $ 64.50 $ 645.00
Sr Consult III n/a 131 $ 62.69 $ 8,212.39
Sr Consult II n/a 8 $ 59.64 $ 477.12
Sr Consult II n/a 25 $ 60.24 $ 1,506.00
Sr Consult II n/a 3 $ 60.57 $ 181.71
Sr Consult III n/a 3 $ 66.87 $ 200.61
Consultant II n/a 112 $ 60.44 $ 6,769.28
Consultant II n/a 44 $ 52.99 $ 2,331.56
Consultant I n/a 7 $ 48.53 $ 339.71
Consultant I n/a 6 $ 45.67 $ 274.02
Assoc Consult I n/a 30 $ 38.05 $ 1,141.50
Env Tech II n/a 16 $ 35.62 $ 569.92
Editor $40-$50 22 $ 45.00 $ 990.00
Pub Spec $30-$40 11 $ 35.12 $ 386.32
Sr Project Director $101.84-$149.04 $ -
Project Director $77.11-$101.50 $ -
Technical Director $80.06-$85.00 $ -
Sr Tech Analyst $76.75-$80.00 $ -
Managing Consultant $70.04-$76.75 $ -
Sr Consult III $61.63-$69.17 $ -
Sr Consult II $56.80-$61.25 $ -
Sr Consult I $53.50-$60.00 $ -
Consultant II $50.48-$60.44 $ -
Consultant I $45.67-$50.00 $ -
Assoc Consult II $41.00-$47.25 $ -
Assoc Consult I $38.05-$40.99 $ -
Assistant Consultant $31.27-$38.46 $ -
Enviro Tech II $27.88-$49.04 $ -
Enviro Tech I $20.00-$36.70 $ -
Admin Tech $33.87-$43.27 $ -
Technician $21.50-$29.00 $ -
Intern $18.00-$21.00 $ -

LABOR COSTS
$ 42,487.52
$ 2,363.37
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 44,850.89

INDIRECT COSTS

40.69% ) e) Total Fringe Benefits [(c) x (d)] 18,249.83 $ 141.54% ) g) Overhead [(c) x (f)] 63,481.95 $
0% ) i) Gen & Admin [(c) x (h)] $ -
Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Jennifer Stock
Cory Matsui
Jason Volk
Tina Sorvari *
Stephen Pappas
John Conley
Claire Bromund *
Shilpa Trisal
Christine Cruiess
Jennifer Hale
Michael Vondergeest
Lisa Webber
Editor TBD
Pub Spec TBD
various
various
Amber Cozad
Alex Angier
Joshua Severn
various
various
various
various
various
various
various
various
various
various
various
various
various
various
various
various
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate: 182
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 81,731.77 $
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% 12,658.27 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
at cost 80.00 $
at cost 100.00 $
10 miles $0.670 6.70 $
at cost 600.00 $
$ -
l) TOTAL OTHER DIRECT COSTS 786.70 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS - $
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 786.70 TOTAL COST [(c) + (j) + (k) + (n)] $ 140,027.63
NOTES:

1. 2.

3. 523.04 Postage and Delivery
523.05 Travel, Auto, incld. Mileage at current IRS rate (.67/mile) 523.07 Surveys and Reports (Updated Cultural Records Searches) Description of Item
523.02 Reproductions
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany. 183
Consultant
Project No. Contract No. Date revised 4/30/2024

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 42,487.52 = $ 62.94 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 (2023) $ 62.94 + = $ 66.09 Year 2 Avg Hourly Rate Year 2 (2024) $ 66.09 + = $ 69.40 Year 3 Avg Hourly Rate Year 3 (2025) $ 69.40 + = $ 72.87 Year 4 Avg Hourly Rate Year 4 (2026) $ 72.87 + = $ 76.51 Year 5 Avg Hourly Rate Total Hours
per Year
Year 1 (2023) 15.00% * = 101.3 Estimated Hours Year 1
Year 2 (2024) 60.00% * = 405.0 Estimated Hours Year 2
Year 3 (2025) 25.00% * = 168.8 Estimated Hours Year 3
Year 4 (2026) 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 675.0
Year 1 (2023) $ 62.94 *= $ 6,373.13 Estimated Hours Year 1 Year 2 (2024) $ 66.09 *= $ 26,767.14 Estimated Hours Year 2 Year 3 (2025) $ 69.40 *= $ 11,710.62 Estimated Hours Year 3 Year 4 (2026) $ 72.87 *= $ - Estimated Hours Year 4
Year 5 $ - *= $ - Estimated Hours Year 5
= $ 44,850.89
= $ 42,487.52
= $ 2,363.37 Transfer to Page 1
NOTES:

1. 2.

3. 4.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
ICF Jones & Stokes, Inc.

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
5%
5%
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
675
Completed Each Year per Cost Proposal
675.0
675.0
675.0
675.0
5%
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
101.3
405.0
168.8

0.0 0.0
Total Direct Labor Cost with Escalation
675.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year (calculated above) (calculated above)
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 184
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual (on 08/22/2023), reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Title *:

Signature: Date of Certification:

Email: Phone number:

Address:

List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Documents for compliance with the National Environmental Policy Act and applications for Clean Water Act, Central Valley Flood Protection Board, California Fish and Game Code, and California State Lands Commission regulations.

Karolyn R. Gardner Sr. Vice President, Contracts & Pricing 5/3/2024
[email protected] 571-499-7571
1902 Reston Metro Plaza, Reston, VA 20190
185
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: Modjeski and Masters, Inc.

Project No. Contract No. Date 8/16/2023
Range Hours Actual
Hourly Rate Total
Movable Bridge Expert 90.00 - 138.90 40 $ 104.26 $ 4,170.40 Project Manager 60.37 - 77.55 50 $ 61.47 $ 3,073.50
Movable Structural Lead Engineer 60.37 - 77.55 40 $ 61.60 $ 2,464.00 Sr. Structural Engineer 51.89 - 90.00 40 $ 56.32 $ 2,252.80 Structural Engineer 33.20 - 43.97 40 $ 40.15 $ 1,606.00 Movable Mechanical Lead Engineer 75.70 - 99.28 50 $ 89.63 $ 4,481.50 Sr. Mechanical Engineer 51.89 - 90.00 40 $ 56.55 $ 2,262.00 Mechanical Engineer 33.20 - 43.97 40 $ 41.23 $ 1,649.20 Movable Electrical Lead Engineer 75.70 - 99.28 50 $ 89.68 $ 4,484.00 Sr. Electrical Engineer 43.80 - 55.53 40 $ 51.60 $ 2,064.00 Elecrical Engineer 38.18 - 49.63 40 $ 44.79 $ 1,791.60
Lead Cost Estimator 43.80 - 55.53 40 $ 52.89 $ 2,115.60 CADD Technician 39.85 - 63.52 40 $ 42.95 $ 1,718.00
$ -
$ -
$ -

LABOR COSTS
$ 34,132.60
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 34,132.60

INDIRECT COSTS

58.67% ) e) Total Fringe Benefits [(c) x (d)] 20,025.60 $ 107.99% ) g) Overhead [(c) x (f)] 36,858.09 $
) i) Gen & Admin [(c) x (h)] -$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 56,883.68
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 9,101.63 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Todd Stephens
Jeffrey Newman
Joseph Strenkoski
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
23-043-RFP

DIRECT LABOR
Classification/Title Name
Mohammad Majd
Erin Madara
Andrew Bodsky
Jonathan Shoup
Kyle Gable
Joshua Rinehart
Betsy Reiner
Eric Poe
Note: Mark-ups are Not Allowed
Kevin Johns
Adrienne Crider
186
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 100,117.91
NOTES:

1. 2.

3. Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Subconsultant 4:

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 187
Consultant
Project No. Contract No. Date 8/16/2023

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 34,132.60 = $ 62.06 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 62.06 + = $ 65.16 Year 2 Avg Hourly Rate
Year 2 $ 65.16 + = $ 68.42 Year 3 Avg Hourly Rate
Year 3 $ 68.42 + = $ 71.84 Year 4 Avg Hourly Rate
Year 4 $ 71.84 + = $ 75.43 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 40.00% * = 220.0 Estimated Hours Year 1
Year 2 30.00% * = 165.0 Estimated Hours Year 2
Year 3 30.00% * = 165.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 550.0
Year 1 $ 62.06 * = $ 13,653.04 Estimated Hours Year 1
Year 2 $ 65.16 * = $ 10,751.77 Estimated Hours Year 2
Year 3 $ 68.42 * = $ 11,289.36 Estimated Hours Year 3
Year 4 $ 71.84 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 35,694.17
= $ 34,132.60
= $ 1,561.57 Transfer to Page 1
NOTES:

1. 2.

3. 4. Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 5%
23-043-RFP

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
550.0
550.0
Cost per Year
Modjeski and Masters, Inc.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
550.0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
550

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
220
165
165
0 0
Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
550.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 5%
550.0
5%
5%
188
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Kevin W. Johns Title *: Vice President / Movable Bridge Director Signature: Date of Certification: 8/16/2023
Email: [email protected] Phone number: 717-790-9565
Address: 100 Sterling Parkway, Suite 302, Mechanicsburg, PA 17055 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Provide engineering consultation and design for the possible modifications to the existing I Street Swing Span during as a result of modifying the bridge deck. Services include structural, mechanical, and electrical engineering to evaluate the swing span, the operating machinery, bridge balance, electrical control system, and electrical power system after the deck modifications. 189
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant:Monument ROW
Project No. Contract No. Date 1/11/2024
Range Hours Actual
Hourly Rate Total
ROW Principal Senior Project 16.0 $ 111.43 $ 1,782.88
Manager 16.0 $ 90.00 $ 1,440.00
Project Manager 30.0 $ 80.00 $ 2,400.00
Senior Agent 120.0 $ 70.00 $ 8,400.00
Agent 120.0 $ 50.00 $ 6,000.00
Professional Staff 40.0 $ 38.00 $ 1,520.00
Admin 20.0 $ 32.00 $ 640.00
$ -
$ -
$ -
$ -

LABOR COSTS
$22,182.88
$ 1,014.87
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 23,197.75

INDIRECT COSTS
116.12% ) e) Total Fringe Benefits [(c) x (d)] $26,937.22 ) g) Overhead [(c) x (f)] $ -
) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 26,937.22
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 5,013.50 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) CBRE 8 ea 6500 $ 52,000.00
Reviewer 8 ea 2500 $ 20,000.00
Title Reports 8 ea 1250 $ 10,000.00
m) TOTAL SUBCONSULTANTS' COSTS $ 82,000.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 82,000.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 137,148.47
NOTES:

1. 2.

3. Anticipated salary increases calculation (page 2) must accompany. a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Subconsultant 4:

Description of Item
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

DIRECT LABOR
Classification/Title Name
Note: Mark-ups are Not Allowed
Bob Morrison
190
Consultant
Project No. Contract No. Date 1/11/2024

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 22,182.88 = $ 61.28 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 61.28 + = $ 64.34 Year 2 Avg Hourly Rate
Year 2 $ 64.34 + = $ 67.56 Year 3 Avg Hourly Rate
Year 3 $ 67.56 + = $ 70.94 Year 4 Avg Hourly Rate
Year 4 $ 70.94 + = $ 74.48 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 40.00% * = 144.8 Estimated Hours Year
1 Year 2 30.00% * = 108.6 Estimated Hours Year
2 Year 3 30.00% * = 108.6 Estimated Hours Year
3 Year 4 0.00% * = 0.0 Estimated Hours Year
4 Year 5 0.00% * = 0.0 Estimated Hours Year
5 Total 100% = 362.0
Year 1 $ 61.28 * = $ 8,873.15 Estimated Hours Year
1 Year 2 $ 64.34 * = $ 6,987.61 Estimated Hours Year
2 Year 3 $ 67.56 * = $ 7,336.99 Estimated Hours Year
3 Year 4 $ 70.94 * = $ - Estimated Hours Year
4 Year 5 $ - * = $ - Estimated Hours Year
5 = $ 23,197.75
= $ 22,182.88
= $ 1,014.87 Transfer to Page 1
NOTES:

1. 2.

3. 4. Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
362.0
362.0
Cost per Year

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
362.0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
362

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
145
109
109
0 0
Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
362.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 5%
362.0
5%
5%
191
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Bob Morrison Title *: Vice President
Signature: Date of Certification: 1/11/2024 r. 4/22/24
Email: [email protected] Phone number: 916.717.7069 Address: 200 Spectrum Center, Suite 300, Irvine, CA 92618 List services the consultant is providing under the proposed contract:

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Real Estate and Right-of-Way Services
192
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: M. Neils Engineering, Inc. Total Fee
Project No. Contract No. Date 5/1/2024
Range Hours Actual
Hourly Rate Total
Principal 41 $ 91.71 $ 3,760.11
Principal 59 $ 91.71 $ 5,410.89
Electrical Engineer 78 $ 69.95 $ 5,456.10
Designer 154 $ 56.07 $ 8,634.78
Designer 156 $ 56.07 $ 8,746.92
Designer 160 $ 56.07 $ 8,971.20
Assistant Engineer 162 $ 45.20 $ 7,322.40
Admin. Assistant 20 $ 31.50 $ 630.00

LABOR COSTS
$ 48,932.40
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 48,932.40

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] $ -
179.51% ) g) Overhead [(c) x (f)] $ 87,838.55
) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 87,838.55
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 13,677.10 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 150,448.05
NOTES:

1. 2.

3. Anticipated salary increases calculation (page 2) must accompany. a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Description of Item
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Name
Julia Brodovsky
Braden Rhoads
Crystal Collier-McMaster
Annie Parsons
Nikolay Kaminskiy
Peter Ivanov
Note: Mark-ups are Not Allowed
Stuart Lindsay
Jesse Bastian

DIRECT LABOR
Classification/Title
193
Consultant
Project No. Contract No. Date 5/1/2024

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Total Fee Avg Hourly 5 Year Contract
Rate Duration
$ 48,932.40 = $ 58.95 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 58.95 + = $ 61.90 Year 2 Avg Hourly Rate
Year 2 $ 61.90 + = $ 65.00 Year 3 Avg Hourly Rate
Year 3 $ 65.00 + = $ 68.25 Year 4 Avg Hourly Rate
Year 4 $ 68.25 + = $ 71.66 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 40.00% * = 332.0 Estimated Hours Year 1
Year 2 30.00% * = 249.0 Estimated Hours Year 2
Year 3 30.00% * = 249.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 830.0
Year 1 $ 58.95 * = $ 19,572.96 Estimated Hours Year 1
Year 2 $ 61.90 * = $ 15,413.71 Estimated Hours Year 2
Year 3 $ 65.00 * = $ 16,184.39 Estimated Hours Year 3
Year 4 $ 68.25 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 51,171.06
= $ 48,932.40
= $ 2,238.66 Transfer to Page 1
NOTES:

1. 2.

3. 4.

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 23408.103
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 5%
830.0
830.0
Cost per Year
M. Neils Engineering, Inc.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
830.0
Direct Labor Subtotal Total Hours
per Cost Proposal
5%
830.0
Proposed Escalation

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
5%
5%
Completed Each Year per Cost Proposal
per Cost Proposal
830
Calculations for anticipated salary escalation must be provided.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
332
249
249
0 0
Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
830.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 194
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Jesse Bastian Title *: President
Signature: Date of Certification: 5/1/2024
Email: [email protected] Phone number: (916) 536-7012 Address: 100 Howe Avenue, Suite 235N Sacramento, CA 95825 List services the consultant is providing under the proposed contract:

Electrical engineering and lighting design for the I Street Bridge Deck Replacement project.

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
195
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: M. Neils Engineering, Inc. PM Phase
Project No. Contract No. Date 5/1/2024
Range Hours Actual
Hourly Rate Total
Principal 8 $ 91.71 $ 733.68
Principal 12 $ 91.71 $ 1,100.52
Electrical Engineer 14 $ 69.95 $ 979.30
Designer 32 $ 56.07 $ 1,794.24
Designer 32 $ 56.07 $ 1,794.24
Designer 32 $ 56.07 $ 1,794.24
Assistant Engineer 32 $ 45.20 $ 1,446.40
Admin. Assistant 4 $ 31.50 $ 126.00

LABOR COSTS
$ 9,768.62
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 9,768.62

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] $ -
179.51% ) g) Overhead [(c) x (f)] $ 17,535.65
) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 17,535.65
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 2,730.43 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 30,034.70
NOTES:

1. 2.

3. Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Peter Ivanov
Annie Parsons
Stuart Lindsay
Jesse Bastian
Julia Brodovsky
Braden Rhoads
Nikolay Kaminskiy
Crystal Collier-McMaster
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
a) Subtotal Direct Labor Costs
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 1:

Subconsultant 2:

Subconsultant 3:
196
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: M. Neils Engineering, Inc. 65% CD Phase
Project No. Contract No. Date 5/1/2024
Range Hours Actual
Hourly Rate Total
Principal 18 $ 91.71 $ 1,650.78
Principal 24 $ 91.71 $ 2,201.04
Electrical Engineer 32 $ 69.95 $ 2,238.40
Designer 68 $ 56.07 $ 3,812.76
Designer 68 $ 56.07 $ 3,812.76
Designer 70 $ 56.07 $ 3,924.90
Assistant Engineer 70 $ 45.20 $ 3,164.00
Admin. Assistant 8 $ 31.50 $ 252.00
$ -

LABOR COSTS
$ 21,056.64
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 21,056.64

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] $ -
179.51% ) g) Overhead [(c) x (f)] $ 37,798.77
) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 37,798.77
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 5,885.54 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 64,740.96
NOTES:

1. 2.

3. Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Peter Ivanov
Annie Parsons
Stuart Lindsay
Jesse Bastian
Julia Brodovsky
Braden Rhoads
Nikolay Kaminskiy
Crystal Collier-McMaster
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
a) Subtotal Direct Labor Costs
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
197
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: M. Neils Engineering, Inc. 95% CD Phase
Project No. Contract No. Date 5/1/2024
Range Hours Actual
Hourly Rate Total
Principal 12 $ 91.71 $ 1,100.52
Principal 18 $ 91.71 $ 1,650.78
Electrical Engineer 26 $ 69.95 $ 1,818.70
Designer 46 $ 56.07 $ 2,579.22
Designer 46 $ 56.07 $ 2,579.22
Designer 46 $ 56.07 $ 2,579.22
Assistant Engineer 48 $ 45.20 $ 2,169.60
Admin. Assistant 6 $ 31.50 $ 189.00
$ -

LABOR COSTS
$ 14,666.26
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 14,666.26

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] $ -
179.51% ) g) Overhead [(c) x (f)] $ 26,327.40
) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 26,327.40
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 4,099.37 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 45,093.03
NOTES:

1. 2.

3. Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Peter Ivanov
Annie Parsons
Stuart Lindsay
Jesse Bastian
Julia Brodovsky
Braden Rhoads
Nikolay Kaminskiy
Crystal Collier-McMaster
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
a) Subtotal Direct Labor Costs
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Anticipated salary increases calculation (page 2) must accompany.

Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
198
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: M. Neils Engineering, Inc. 100% CD Phase
Project No. Contract No. Date 5/1/2024
Range Hours Actual
Hourly Rate Total
Principal 2 $ 91.71 $ 183.42
Principal 4 $ 91.71 $ 366.84
Electrical Engineer 4 $ 69.95 $ 279.80
Designer 6 $ 56.07 $ 336.42
Designer 8 $ 56.07 $ 448.56
Designer 8 $ 56.07 $ 448.56
Assistant Engineer 8 $ 45.20 $ 361.60
Admin. Assistant 1 $ 31.50 $ 31.50
$ -

LABOR COSTS
$ 2,456.70
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 2,456.70

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] $ -
179.51% ) g) Overhead [(c) x (f)] $ 4,410.02
) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 4,410.02
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 686.67 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 7,553.39
NOTES:

1. 2.

Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Peter Ivanov
Annie Parsons
Stuart Lindsay
Jesse Bastian
Julia Brodovsky
Braden Rhoads
Nikolay Kaminskiy
Crystal Collier-McMaster
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
a) Subtotal Direct Labor Costs
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
199
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: M. Neils Engineering, Inc. Final Documents
Project No. Contract No. Date 5/1/2024
Range Hours Actual
Hourly Rate Total
Principal 1 $ 91.71 $ 91.71
Principal 1 $ 91.71 $ 91.71
Electrical Engineer 2 $ 69.95 $ 139.90
Designer 2 $ 56.07 $ 112.14
Designer 2 $ 56.07 $ 112.14
Designer 4 $ 56.07 $ 224.28
Assistant Engineer 4 $ 45.20 $ 180.80
Admin. Assistant 1 $ 31.50 $ 31.50
$ -

LABOR COSTS
$ 984.18
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 984.18

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] $ -
179.51% ) g) Overhead [(c) x (f)] $ 1,766.70
) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 1,766.70
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 275.09 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ -
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ - TOTAL COST [(c) + (j) + (k) + (n)] $ 3,025.97
NOTES:

1. 2.

Note: Mark-ups are Not Allowed

DIRECT LABOR
Classification/Title Name
Peter Ivanov
Annie Parsons
Stuart Lindsay
Jesse Bastian
Julia Brodovsky
Braden Rhoads
Nikolay Kaminskiy
Crystal Collier-McMaster
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
a) Subtotal Direct Labor Costs
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
200
Cost Proposal 1
Cost Plus Fixed Fee or Lump Sum
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant: TYLin
Project No. Contract No. Date
Range Hours Actual
Hourly Rate Total
Principal In Charge 140.00 - 250.00 6 $ 150.48 $ 902.88 Lead Bridge Architect 70.00 - 150.00 247 $ 89.66 $ 22,146.02 Aesthetic Designer II 50.00 - 120.00 182 $ 75.48 $ 13,737.36 Aesthetic Designer II 50.00 - 120.00 40 $ 73.16 $ 2,926.40 Aesthetic Designer I 30.00 - 100.00 552 $ 40.63 $ 22,427.76 Aesthetic Designer I 30.00 - 100.00 0 $ 52.88 $ -
Aesthetic Designer I 30.00 - 100.00 250 $ 44.00 $ 11,000.00 Accountant 30.00 - 100.00 20 $ 40.29 $ 805.80
140.00 - 250.00 $ 150.00 $ -

50.00 - 120.00 $ 75.00 $ -

30.00 - 100.00 $ 40.00 $ -

30.00 - 100.00 4 $ 40.00 $ 160.00

30.00 - 100.00 $ 40.00 $ -

60.00 - 150.00 $ 80.00 $ -

40.00 - 120.00 $ 75.00 $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Principal In Charge
Aesthetic Designer II
Aesthetic Designer I
Administrative Assistant
Accountant
Architect
Lighting Designer

DIRECT LABOR
Classification/Title Name
Hunter Ruthrauff
Jeff Schiewe
David Hui
Josh Vandenberg
Greg Blanpied
Toni Waller
Note: Mark-ups are Not Allowed
Michael Pyrz
Noel Shamble
201
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
1297 $ -

LABOR COSTS
$ 74,106.22
$ 3,390.36
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 77,496.58

INDIRECT COSTS
) e) Total Fringe Benefits [(c) x (d)] $ -
138.29% ) g) Overhead [(c) x (f)] $107,170.02
) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 107,170.02
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 10% $ 18,466.66 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
2 trips $ 100.00 $ 200.00
2 trips $ 25.00 $ 50.00
780 miles $ 0.58 $ 448.50
3 nights $ 150.00 $ 450.00
5 days $ 64.00 $ 320.00
1 $ 300.00 $ 300.00
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ 1,768.50
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 4:
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Subconsultant 1:
a) Subtotal Direct Labor Costs
Subconsultant 2:

Subconsultant 3:

Description of Item
Train Travel (roundtrip from San Jose)
Car Mileage (260mi roundtrip from San Jose each x 3)
Taxi/Uber (from train station to meeting, return)
Hotel (Before tax)
Meals & Incidentals
Materials - Physical Model Supplies
202
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 1,768.50 TOTAL COST [(c) + (j) + (k) + (n)] $ 204,901.76
NOTES:

1. 2.

3. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Anticipated salary increases calculation (page 2) must accompany.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 203
Consultant
Project No. Contract No. Date

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 74,106.22 = $ 28.52 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 28.52 + = $ 29.95 Year 2 Avg Hourly Rate
Year 2 $ 29.95 + = $ 31.45 Year 3 Avg Hourly Rate
Year 3 $ 31.45 + = $ 33.02 Year 4 Avg Hourly Rate
Year 4 $ 33.02 + = $ 34.67 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 40.00% * = 1039.2 Estimated Hours Year 1
Year 2 30.00% * = 779.4 Estimated Hours Year 2
Year 3 30.00% * = 779.4 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 2598.0
Year 1 $ 28.52 * = $ 29,642.49 Estimated Hours Year 1
Year 2 $ 29.95 * = $ 23,343.46 Estimated Hours Year 2
Year 3 $ 31.45 * = $ 24,510.63 Estimated Hours Year 3
Year 4 $ 33.02 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 77,496.58
= $ 74,106.22
= $ 3,390.36 Transfer to Page 1
NOTES:

1. 2.

3. 4.
5%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal
2598.0
2598.0
Cost per Year
Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
2598.0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
2598

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
1039
779
779
0 0
Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
2598.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 5%
2598.0
5%
5%
T.Y. Lin International
204
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Michael F. Pyrz Title *: Sector Manager / Vice President SIDENT Signature: Date of Certification:

Email: Phone number:

Address:

List services the consultant is providing under the proposed contract:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
5/7/24
[email protected] 510-457-3033
1545 River Park Drive, Suite 201 Sacramento, California 95815 205
2388811.1 7203.543 24 3/6/24

EXHIBIT E
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONSULTANTS
By:
[Title]
206
2388811.1 7203.543 25 3/6/24

EXHIBIT F

LABOR COMPLIANCE

1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall. The contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.

B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.

A. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.

2. PREVAILING WAGE RECORDS
A. The Consultant and each subconsultant shall keep an accurate payroll record as mandated by Labor Code §1776 and as defined in 8 CCR §16000 which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified by a written declaration that it is made under penalty of perjury, stating both the information contained in the payroll record is true and correct and 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. Payroll records shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work. The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site. 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 City Contract Administrator by both email and regular mail on the business day following receipt of the request B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances 207
2388811.1 7203.543 26 3/6/24
with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775.

C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be 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 those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay.
(b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.
208
2388811.1 7203.543 27 3/6/24

5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code.

Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5. 209
2388811.1 7203.543 28 3/6/24

EXHIBIT G

FEDERAL CONTRACT PROVISIONS
2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit shall control. ☒TERMINATION FOR CAUSE (in addition to standard Termination language) Criteria: All Contracts over $10k

1. In the event of any default by the Consultant as described below, the City may, after giving ten (10) days’ written notice to the Consultant, terminate the Consultant’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
a. Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time.
b. Filing of bankruptcy by the Consultant, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Consultant’s insolvency without discharge of the receiver within ten (10) days after its appointment.
c. Failure to make prompt payments to Subcontractors or suppliers. d. Persistent disregard of laws, ordinances, or the instructions of the City, or other substantial violation of any provision of the Contract.

2. In the event the right of the Consultant to proceed with the Work, or any portion thereof, has been terminated because of the default of the Consultant and the Consultant has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary therefore.

In such event, the Consultant and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City.

3. Upon termination, the Consultant shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Consultant in accordance with the terms of the Contract, then the difference shall be paid to the Consultant in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Consultant would otherwise have been paid, the Consultant and its sureties shall be liable to the City for the full amount of such excess 210
2388811.1 7203.543 29 3/6/24
expense.

4. The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract. ☒ EQUAL EMPLOYMENT OPPORTUNITY 41 CFR Part 60-1.4b
Criteria: Construction or repair work. Select either Government Contracts or Federally Assisted Construction Contracts.

Criteria: Government Contracts
During the performance of this contract, the contractor agrees as follows

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the 211
2388811.1 7203.543 30 3/6/24
Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
☒ Criteria: Federally assisted construction contracts
Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 212
2388811.1 7203.543 31 3/6/24

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the 213
2388811.1 7203.543 32 3/6/24
administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts.

Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Director of OFCCP may designate.

Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written.

Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings.
214
2388811.1 7203.543 33 3/6/24

ARTICLE XXV SAFETY
Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on he
construction project site.

Pursuant to the authority contained in Vehicle Code §591, City 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 Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

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 deepeer.
☒ Rights to Inventions Made Under a Contract or Agreement.

Criteria: Funding agreement (not applicable to FEMA)
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

ARTICLE XXVI OWNERSHIP OF DATA
It is mutually agreed that all materials prepared by Consultant under this Contract 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 Contract 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 Contract must be approved in writing by City.

Additionally, it is agreed that the Parties intend this to be an Contract 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, 215
2388811.1 7203.543 34 3/6/24
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.

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.

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).

City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Contract 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.
☒ CLEAN AIR ACT
Criteria: All contracts over $150k
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

1. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

2. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. ☒ FEDERAL WATER POLLUTION CONTROL ACT
Criteria: All contracts over $150k

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to the City of West Sacramento and understands and agrees that the City of West Sacramento will, in turn, report each violation as required to assure notification to the State of California, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. 216
2388811.1 7203.543 35 3/6/24
☒ DEBARMENT AND SUSPENSION
Criteria: Over $25k
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

5. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935).

6. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

7. This certification is a material representation of fact relied upon by the City of West Sacramento. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City of West Sacramento, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The City will insure the Contractor and any lower participants are not debarred by checking the government’s System Award Management (SAM).

8. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

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 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.

Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily 217
2388811.1 7203.543 36 3/6/24
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.

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 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. ☒ BYRD ANTI-LOBBYING AMENDMENT 31 U.S.C. § 1352 (AS AMENDED) Criteria: All contracts require. Any contracts over $100k also require additional certification.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Contractors who apply or bid for an award of $100,000 or more shall file the required certification (see Appendix A, 44 C.F.R Part 18 – Certification Regarding Lobbying). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

A. Consultant certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of 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 Contract, or with the extension, continuation, renewal, amendment, or modification of this Contract.
218
2388811.1 7203.543 37 3/6/24

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 Contract, 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.
☒ RECORD RETENTION
Criteria: All contracts
In addition to the reports specified in this Agreement, Consultant shall retain the records required by the applicable provisions of 2 CFR § 200.333, no less than three (3) years after City's final payment to Consultant under this Agreement and provide the City with the reports required pursuant to 2 CFR §§ 200.328 and 200.343, and such other records and reports as the City may reasonably require in the administration of this Agreement. Consultant shall keep all other necessary books and records, including property, personnel, loan documentation and financial records, in connection with the operation and services performed under this Agreement, in accordance with 2 CFR §200.333
For the purpose of determining compliance with Gov. Code §8546.7, the Consultant, Subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Contract including, but not limited to, the costs of administering the Contract. All parties, including the Consultant’s Independent CPA, shall make such workpapers and material available at their respective offices at all reasonable times during the Contract period and for three (3) years from the date of final payment under the Contract and records for real property and equipment acquired with federal funds must be retained from three (3) years after final disposition. City, 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 are pertinent to the Contract for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. ☒ NO OBLIGATION BY FEDERAL GOVERNMENT
Criteria: All contracts
219
2388811.1 7203.543 38 3/6/24
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract.

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

B. 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 City.

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

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this Contract that is not disposed of by Contract, shall be reviewed by City’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 City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

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

D. Consultant and subconsultant Contracts, including cost proposals and indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Contract, 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, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City 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 Contract by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a 220
2388811.1 7203.543 39 3/6/24
breach of Contract terms and cause for termination of the Contract 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 City 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 Contract terms and cause for termination of the Contract 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, City 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.

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 Contract.
221
2388811.1 7203.543 40 3/6/24

4. Consultant may submit to City 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 Contract has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Contract and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by City’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. For purchase of any item, service, or consulting work not covered in Consultant’s approved.

B. Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City’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 Contract 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, City shall receive a proper refund or credit at the conclusion of the Contract, or if the Contract is terminated, Consultant may either keep the equipment and credit City 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 City procedures; and credit City 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 City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.

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.
222
2388811.1 7203.543 41 3/6/24

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. Consultant, subrecipient (City), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).

To ensure equal participation of DBEs provided in 49 CFR 26.5, the City shows a contract goal for DBEs. Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

Consultant shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is Consultant’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the Consultant is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbesearch.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies Consultant purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This Contract is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

Consultants who enter into a federally-funded agreement will assist the City in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this Contract is 22%. Participation by DBE Consultant or subconsultants shall be in accordance with information contained in Exhibit 10-O2:

Consultant Contract DBE Commitment attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Contract goal, or by documenting adequate good faith efforts to meet the Contract goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the 223
2388811.1 7203.543 42 3/6/24
goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b): Consultant, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.

Consultant shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying Consultant from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City’s written consent. Consultant shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the City. Unless the City’s consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the Contract, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the City:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The City determines other documented good cause.
224
2388811.1 7203.543 43 3/6/24
Consultant must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the Consultant’s intent to use other forces or material sources and include one or more justifiable reasons listed above.

Simultaneously send a copy of this written notice to the City. The written notice to the DBE must request they provide any response within five (5) business days to both the Consultant and the City by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, Consultant may move forward with the request as if the DBE had agreed to Consultant’s written notice.

3. Submit Consultant’s DBE termination request by written letter to the City and include:
• One or more above listed justifiable reasons along with supporting documentation.
• Consultant’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Consultant’s written notice • The DBE's response to Consultant’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The City shall respond in writing to Consultant’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the City’s written authorization of DBE termination request, Consultant must obtain the City’s written agreement for DBE replacement. Consultant must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment. The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the City which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment 225
2388811.1 7203.543 44 3/6/24

2. If Consultant has not identified a DBE replacement firm, submits documentation of Consultant’s GFEs to use DBE replacement firms within seven (7) days of City's authorization to terminate the DBE. Consultant may request the City's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work Consultant had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the City may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports Consultant’s GFE The City shall respond in writing to Consultant’s DBE replacement request within five (5) business days.

F. Commitment and Utilization
The City’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The City shall request Consultant to:

1. Notify the City’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st -tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F:

Monthly Disadvantaged Business Enterprise Payment)
If Consultant is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date. Consultant shall submit the notifications to the City. On work completion, Consultant shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the City within 30 days of contract acceptance.

Upon work completion, Consultant shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to 226
2388811.1 7203.543 45 3/6/24
the City within 90 days of contract acceptance. The City will withhold $10,000 until the form is submitted. The City will release the withhold upon submission of the completed form.

In the City’s reports of DBE participation to Caltrans, the City must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

Consultant must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

Consultant must provide written notification to the City at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, Consultant shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
Consultant must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. Consultant must submit to the City these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

Consultant must notify the City immediately if they believe the DBE may not be performing a CUF.

The City will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional City evaluations.

The City must evaluate DBEs and their CUF performance throughout the duration of a Contract. The City will provide written notice to the Consultant and the DBE at least two (2) business days prior to any evaluation. The Consultant and the DBE must participate in the evaluation. Upon completing the evaluation, the City must share the evaluation results with the Consultant and the DBE. An evaluation could include items that must be 227
2388811.1 7203.543 46 3/6/24
remedied upon receipt. If the City determines the DBE is not performing a CUF, the Consultant must suspend performance of the noncompliant work.

Consultant and DBEs must submit any additional CUF related records and documents within five (5) business days of City’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If Consultant and/or the City determine that a listed DBE is not performing a CUF in performance of their DBE committed work, Consultant must immediately suspend performance of the noncompliant portion of the work. City may deny payment for the noncompliant portion of the work. City will ask the Consultant to submit a corrective action plan (CAP) to the City within five (5) days of the noncompliant CUF determination.

The CAP must identify how the Consultant will correct the noncompliance findings for the remaining portion of the DBE's work. City has five (5) days to review the CAP in conjunction with the Consultant’s review. The Consultant must implement the CAP within five (5) days of the City's approval. The City will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, Consultant may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Contract with its own work force, or the DBE subcontracts a greater portion of the work of the Contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE Consultant’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the Contract, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant 228
2388811.1 7203.543 47 3/6/24
shall notify Consultant in writing with the date of certification. Any changes should be reported to City’s Contract Administrator within thirty (30) calendar days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.

Instead, by the 15th of the month following the month of any payment(s), the Consultant must now submit Exhibit 9-P to the City administering the contract. 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.

M. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this Contract, 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 Contract that is not disposed of by agreement shall be decided by a committee consisting of City’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by Consultant.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, Consultant may request review by City 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 Contract.

ARTICLE XXIV INSPECTION OF WORK
Consultant and any subconsultant shall permit City, the State, and the FHWA if federal participating funds are used in this Contract; to review and inspect the project activities and files at all reasonable times during the performance period of this Contract 229
2388811.1 7203.543 48 3/6/24

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract. The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a City.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the City with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.]

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as Consultant) agrees as follows:

Compliance with Regulations: Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

Nondiscrimination: Consultant, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.

Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
230
2388811.1 7203.543 49 3/6/24
Information and Reports: Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information.

Sanctions for Noncompliance: In the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i.withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part Incorporation of Provisions: Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed hereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S.

Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S.

Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
231
2388811.1 7203.543 50 3/6/24
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
232
2388811.1 7203.543 51 3/6/24
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER

THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Nondiscrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
233
2388811.1 7203.543 52 3/6/24
During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients 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 of the basis of disability in the operation of public entities, public and private transportation systems, place public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination 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 234
2388811.1 7203.543 53 3/6/24
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).
235

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 5, 2024 ITEM #6
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 24-66 REGARDING THE

EMERGENCY CONTRACT WITH RFI COMMUNICATIONS AND SECURITY SYSTEMS FOR THE POLICE DEPARTMENT ACCESS CONTROLS SYSTEM UPGRADE (CIP 52077) INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff
[ ] Other
Timothy Spinelli, Senior Project Manager
Capital Projects Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The objective of this report is to provide the City Council with sufficient information to adopt Resolution 24-66 regarding the Emergency Contract with RFI Communications and Security Systems for the Police Department Access Controls System Upgrade project (CIP 52077) located at 550 Jefferson Blvd.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:
1) Find that the Police Department Access Controls System Upgrade project (CIP 52077) is exempt from CEQA analysis under CEQA Guidelines 15269;
2) Adopt, by a minimum four-fifths vote of the City Council, Resolution 24-66 regarding the Emergency Contract with RFI Communications and Security Systems for the Police Department Access Controls System Upgrade;
3) Approve appropriations of $25,000 from the General Facilities Fund (208) to CIP 52077; 4) Authorize the City Manager, or his designee, to execute a contract with RFI Communications and Security Systems in the amount of $82,374;
5) Authorize the City Manager, or his designee, to execute non-substantive changes or modification to the contract with RFI Communications and Security Systems with the approval from the City Attorney; and 6) Authorize the City Manager, or his designee, to execute contract amendments, up to 10% ($8,237.40) of the value of the contract.

BACKGROUND
The Police Department Headquarters has been located at 550 Jefferson Boulevard since 1995. The access control system secures the Police Department Headquarters using card readers to allow or deny access for all locked doors in the facility. The current system has never been upgraded and is obsolete, does not integrate with the rest of the City’s access control system, and replacement parts are difficult to source. A failure of the obsolete system would lock down the entire facility, requiring keys to individually lock and unlock each door, causing disruption to operations and create security concerns. A capital project request for the system upgrade was created in January 2023 and was approved by the City Council for fiscal year 2023/24.

The scope of the project was defined in collaboration with the Police Department, Information Technology Department, and Public Works staff. The upgraded replacement system fully integrates with the City’s access control system currently in use at other main facilities. During the development of the project, the Information Technology Department identified that the local computer housing the controls system had failed. This failure meant that the system was locked in its current configuration, and replacement of the system was critical. RFI Communications and Security Systems, under contract with Public Works for on-call repair services and emergency repair services for alarm hardware, controls, panels, and similar access needs for all City facilities, was called to provide a quote for repairs. It is anticipated that the replacement system will be installed and commissioned shortly after City Council approval at this meeting.

ANALYSIS
For the purposes of contracting, Section 1102 of the California Public Contract Code (PCC) defines an emergency as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential services.” PCC 20168 allows cities to enter into no-bid emergency construction contracts, following the procedure set out in PCC 22050.

PCC 22050 allows a city to delegate this authority to a non-elected public official. The West Sacramento Municipal Code 3.04.090 delegates this authority to the “purchasing agent”, which is elsewhere defined as the City Manager.
236
Police Department Access Controls System Upgrade
June 6, 2024

Page 2 ends

Once the contract has been approved, the City Manager is required to report on the contract at the next City Council meeting (PCC 22050(b)(3)). If the work is continuing, the Council needs to adopt a resolution allowing the work to continue (PCC 22050(c)(2)). Because the work involved in the emergency repair will likely take one to two weeks, the work may extend beyond the June 5, 2024 City Council meeting. Therefore, according to PCC 22050(c)(2), the City Council needs to adopt a resolution allowing the work of the contractor to continue.

Resolution 24-66, allowing the work of the contractor to continue beyond the June 5, 2024 Council meeting is attached. The resolution must be approved by a minimum four-fifths vote of the Council for the work to continue.

Environmental Considerations
This emergency repair is exempt from CEQA analysis under CEQA Guidelines 15269. According to the CEQA Guidelines, an emergency includes emergency repairs to public or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare.

Commission Recommendation
N/A
Strategic Plan Integration
N/A
Alternatives
The Council’s primary alternatives are summarized below:
1) Approve the recommended action as stated above;
2) Delay or revise the recommended action; or
3) Not approve the recommended action.

Staff recommends that the City Council proceed with Alternative 1, Alternatives 2 and 3 are not recommended as the adoption of Resolution 24-66 is required for the contractor to complete the emergency work detailed in this report.

Coordination and Review
This report was prepared by the Capital Projects Department, and in coordination with the Public Works Operations and Maintenance Department, the Finance Department, the Information Technology Division, and the City Attorney.

Budget/Cost Impact
This project is included in the City’s current Capital Improvement Program (CIP) as CIP 52077 and has an approved budget of $75,000. The total amount needed to fund the contract, staff time, and contingency is $25,000. Resolution 24-66 proposes to amend the Capital Improvement Program to transfer funds from the General Facilities Fund (Fund 208) to this project to cover the contract and remaining project costs.

ATTACHMENTS

1. Notice of Exemption (CEQA)

2. Resolution 24-66

3. Emergency Contract with RFI Communications and Security Systems 237

Statutory Exemptions. State code number:

_______________________________________________
Notice of Exemption Attachment 1
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
238 Revised 2011
RESOLUTION 24-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO

REGARDING CONTINUANCE OF THE EMERGENCY CONTRACT WITH RFI

COMMUNICATIONS AND SECURITY SYSTEMS FOR THE POLICE DEPARTMENT

ACCESS CONTROLS SYSTEM UPGRADE PROJECT AND APPROVING RELATED

APPROPRIATIONS
WHEREAS, City Council approved CIP 52077, Police Department Access Controls System Upgrade, in the 2023/2024 Capital Improvement budget; and WHEREAS, City Staff discovered that the existing access control system’s main computer at the Police Department Headquarters had failed, leaving the system in critical condition; and WHEREAS, City staff contacted RFI Communications and Security Systems, under contract for on-call repair services and emergency repair services for alarm hardware, controls, panels, and similar access needs, to assess the system and provide a quote for replacement; and WHEREAS, for the purposes of contracting, Section 1102 of the Public Contract Code (PCC) defines an emergency as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services”; and
WHEREAS, PCC 20168 allows cities to enter into no-bid, emergency construction contracts following the procedure set out in PCC 22050; and WHEREAS, PCC 22050 allows a city to delegate this authority to a non-elected public official and West Sacramento Municipal Code 3.04.090 delegates this authority to the “purchasing agent”, which is elsewhere defined as the City Manager; and WHEREAS, once the emergency contract has been approved, the City Manager is required to report on the contract at the next City Council meeting (PCC 22050(b)(3)); and WHEREAS, if the work is continuing, the Council needs to adopt a resolution allowing the work to continue (PCC 22050(c)(2)); and
WHEREAS, because the work involved in the emergency repair will likely take several weeks, the work may extend beyond the June 6, 2024 City Council meeting and therefore according to PCC 22050(c)(2), the Council needs to adopt a resolution allowing the work of the contractor to continue beyond June 6, 2024; and
WHEREAS, CIP 52077 has an approved budget of $75,000; however, there is insufficient budget to cover this contract; and
WHEREAS, the estimated total amount needed to fund the contract, staff time, and contingency is $25,000.; and
WHEREAS, a budget transfer is requested and recommended in the amount of $25,00 from the General Facilities fund in order to complete this project; and WHEREAS, the City Council has considered all information related to this matter, as 239
presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any other information provided during public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Sacramento as follows:

1. The City Council hereby finds there is a need to allow continuance of the work to complete the emergency repairs as described in the contract with RFI Communications and Security Systems, beyond June 6, 2024.

2. The City Council hereby approves amendments to the O&M Budget for the 2023/24 fiscal year as shown below:

SOURCES
$25,000 208-0000-3110 General Facilities Fund Balance
$25,000 400-9900-4990/51027-4990 Transfer in to project $25,000 Total Sources
USES
$25,000 208-9910-5950 Tsfr from General Facilities Fund $25,000 400-9900-5530/51027-5800 Project Budget
$25,000 Total Uses
*Note: Interfund transfers excluded from totals to avoid duplication of total costs

3. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.

4. This Resolution shall take effect immediately upon its adoption.

BE IT FURTHER RESOLVED
PASSED AND ADOPTED this 5th day of June 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
240
Attachment 3
RFI Communications & Security Systems
CPC24-118 PD Access Controls System
Upgrade Expires 06/30/2025
1 3/20/24

CONTRACT FOR SERVICES
THIS CONTRACT is made June 5, 2024, by and between the CITY OF WEST SACRAMENTO (“City”), and RFI Communications & Security Systems (“Consultant”).

WITNESSETH:

WHEREAS, the City desires to upgrade the access control system at the West Sacramento Police Department.

WHEREAS, the Consultant has presented a proposal for such services to the City, dated May 24th, 2024, (attached hereto as Exhibit “A”) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF SERVICES:

A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in Exhibit “A”. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, To the greatest extent permitted by law, Consultant and its employees, agents, and subcontractors shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
241
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025
2 3/20/24
C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

2. TERM OF CONTRACT
A. The services of Consultant are to commence upon execution of this Contract by receipt of written notice to proceed from the City, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit “B” and terminate on June 30th, 2025.

B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.

C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the Council approved budget.

3. COMPENSATION:

A. The Consultant shall be paid at the completion of services for the actual fees, costs and expenses for all time and materials required and expended, but in no event shall total compensation exceed Eighty-two thousand three hundred seventy-four dollars ($82,374.00), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit "A".

B. Said amount shall be paid upon submittal of a final. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the final billings. If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.

C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.

4. TERMINATION:

A. This Contract may be terminated by either party, provided that the other party is given not less than 30 calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract. 242
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025
3 3/20/24
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.

D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.

5. AMENDMENTS, CHANGES OR MODIFICATIONS:

Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.

6. EXTENSIONS OF TIME:

Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.

7. PROPERTY OF CITY:

A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.

B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a 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 the City

8. COMPLIANCE WITH ALL LAWS:

A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.

Consultant shall assist City in providing the same.

B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, 243
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025
4 3/20/24
and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.

C. The work contemplated under this Contract is a public work for the purposes of Labor Code section 1720, and is subject to the payment of prevailing wages. Accordingly, Consultant shall comply with the provisions of Exhibit "D".

9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:

A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit “A” in a manner which is consistent with the generally accepted standards of Consultant’s profession.

B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.

C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.

D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.

10. SUBCONTRACTING:

None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.

11. ASSIGNABILITY:

Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.

However, claims for money due or to become due Consultant from the City under this Contract 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 City.

12. INTEREST IN CONTRACT:

Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the 244
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025
5 3/20/24
performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.

13. MATERIALS CONFIDENTIAL:

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 the City, except by court order.

14. LIABILITY OF CONSULTANT-NEGLIGENCE:

Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.

15. INDEMNITY AND LITIGATION COSTS:

Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract.

16. CONSULTANT TO PROVIDE INSURANCE:

A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).

B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of 245
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025
6 3/20/24
insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.

1. Worker’s Compensation and Employer’s Liability Insurance

a. Worker’s Compensation - Insurance to protect the Consultant, its contractors and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations.

The Consultant shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents.
b. Consultant shall provide a Waiver of Subrogation endorsement in favor of the City, its officers, officials, employees, agents and volunteers for losses arising from work performed by the Consultant.

2. Commercial General Liability Insurance
a. The insurance shall be provided on form CG0001, or it’s equivalent, and shall include coverage for claims for bodily injury or property damage arising out of premises/operations, products/completed operations, contractual liability, and subconsultant’s work and personal and advertising injury resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence and $2,000,000 general and products/completed operations aggregates. b. The commercial general liability insurance shall also include the following:
i. Endorsement equivalent to CG 2010 0714 naming the City, its officers, officials, employees, agents, and volunteers as additional insureds. The endorsement shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
ii. Endorsement stating insurance provided to the City shall be primary as respects the City, its officers, officials, employees and any insurance or self insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it, to the payment or satisfaction of any defense expenses, loss, or judgment.
iii. Provision or endorsement stating that the Consultant’s insurance shall apply separately to each insured against whom claim is 246
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025
7 3/20/24
made or suit is brought, except with respect to the limits of the insurer’s liability.

3. Commercial Automobile Insurance
a. The insurance shall include, but shall not be limited to, coverage for claims for bodily injury or property damage for owned, non-owned, and hired automobiles resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000 per accident.
b. The commercial automobile insurance shall include the same endorsements required for the commercial general liability policy (see Section

16.B.2.b).

4. Professional Liability. The Consultant and its contractors and subcontractors shall secure and maintain in full force, during the term of this Contract and for five years thereafter, professional liability insurance policies appropriate to the respective professions and the work to be performed as specified in this Contract. The limits of such professional liability insurance coverage shall not be less than $1,000,000 per claim.

C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.

D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.

E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.

F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.

17. MISCELLANEOUS PROVISIONS:

A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.

B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon 247
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025
8 3/20/24
a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.

C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.

D. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.

E. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:

City: City of West Sacramento
1110 West Capitol Avenue
West Sacramento, CA 95691
Email: [email protected]

Consultant:

RFI Communications & Security Systems
Attention: Dee Ann Harn
1433 North Market Boulevard, #1
Sacramento, CA 95834
Email: [email protected]

F. This Contract shall be interpreted and governed by the laws of the State of California.

G. Any action arising out of this Contract shall be brought and maintained in Yolo County California, regardless of where else venue may lie.

H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
[Signatures on following page]
248
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025
9 3/20/24

CITY OF WEST SACRAMENTO
By: __________________________
Amanda Berlin, Assistant City Manager
ATTEST:

By: _______________________
Jennifer Cusmir, City Clerk
APPROVED AS TO FORM:

By: _______________________
Jeffrey Mitchell, City Attorney
RFI
By: _________________________
Dee Ann Harn, General Manager
249
Insert Contractors Name here
Contract Number - Project Name
Contract Expiration

EXHIBIT A
Consultant Proposal/Scope of Work
250
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025

EXHIBIT B
Schedule of Performance
Contract Start Date 05/30/2024
Contract End Date 06/30/2025
251
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025

EXHIBIT C
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONSULTANTS
By:

Dee Ann Harn, General Manager
252
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025

EXHIBIT D

LABOR COMPLIANCE

1. PREVAILING WAGE
A. The Work contemplated herein constitutes a public work within the meaning of Labor Code sections 1720 and 1771. It shall be mandatory upon the Consultant and upon any Subcontractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Contract in accordance with Labor Code section 1774. The Director of the Department of Industrial Relations ("DIR") of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract. The Consultant acknowledges that it has examined the prevailing rate of per diem wages as established by the DIR. Copies of the current schedules for prevailing wages are on file at City Hall, and the contents of those schedules are incorporated herein as if set forth in full. The Consultant shall post a copy of the applicable prevailing wage determinations at each job site, along with any other work place posters required by law.

B. The City will not recognize any claims for additional compensation because of the payment of prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in determining its proposal, and will not under any circumstances be considered as the basis of a claim against the City.

C. By executing this Contract Consultant warrants that it has registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5.

2. PREVAILING WAGE RECORDS
A. The Consultant and each subcontractor shall keep an accurate payroll record which shows the name, address, social security number, correct work classification (in accordance with the wage decision), both straight and overtime worked each day and week, and hourly rate of pay, gross wages earned, deductions made and net wages paid to each journeyman, apprentice, worker or other employee paid by the Consultant /subcontractor in connection with the Work. These payroll records shall be certified and shall be made available at Consultant's principal office. These records shall be maintained during the course of the Work.

The Consultant and all subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site.

B. The City shall notify the Consultant in writing of any discrepancies or violations that are discovered during such inspections. Written notification pursuant to this Section shall include the actions that will be necessary to resolve the discrepancies and/or violations. The Consultant shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all subcontractors and any lower-tier subcontractors. The Consultant shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Consultant or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775. 253
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025
C. To the extent applicable, Consultant and subcontractors shall maintain and furnish to the Department of Industrial Relations ("DIR"), a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports shall be transmitted electronically to the DIR.

D. The City will not recognize any claims for additional compensation because of the payment of the prevailing wages. The possibility of wage increases is one of the elements to be considered by the Consultant in entering into the Contract, and will not under any circumstances, other than delays caused by the City, or the City’s agents, be considered as the basis of a claim against the City.

3. Labor Discrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of their race, color, national origin or ancestry, physical handicap, mental condition, marital status, or sex of such person, except as provided in Section 12940 of the Government Code, and every General Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”
4 Eight-Hour Day Limitation
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, incorporated herein by reference, eight hours labor shall constitute a day's work, and no worker in the employ of Consultant, or any Subcontractor, doing or contracting to do any part of the work contemplated by the Contract, shall be 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 those provisions; provided that subject to Labor Code Section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay.
(b) The Consultant and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Contract. This record shall be open at all reasonable hours to the inspection of the City. It is hereby further agreed that, except as provided in (a) above, the Consultant shall forfeit as a penalty to the City the sum of twenty-five dollars ($25) for each worker employed in the performance of the Contract by the Consultant or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5. Compliance with State Requirements for Employment of Apprentices (a) The Consultant's attention is directed to Section 1777.5 of the Labor Code.

Provisions of said Section pertaining to employment of registered apprentices are hereby incorporated by reference into this Contract. As applicable, the Consultant or any Subcontractor 254
RFI Communications & Security Systems
CPC24-118 PD Access Controls System Upgrade
Expires 06/30/2025
employed by the Consultant in the performance of this Contract shall take such actions as necessary to comply with the provisions of Section 1777.5. 255
David Leiker, [email protected], 669-255-5336
RFI Proposal No. 550-2303029
Adam Paskey, City of West Sacramento
05/24/2024
PROPOSED TO:

PREPARED BY:

City of West Sacramento PD Security Upgrades
CA CL# 534534, 544432; NV CL# 0021814A, Limit $10M; WA CL# RFICOS*990MC, RFICOF1802OH; Alarm Lic# ACO753
256

OUR FOUNDATION
RFI Enterprises, Inc., dba RFI Communications & Security Systems, herein referred to as “RFI” has approximately 200 employees and maintains five regional offices located in San Jose, Hayward and Sacramento, CA, Reno, NV, and Seattle, WA. Our Corporate office is located in San Jose.

Established in 1979, RFI has developed the requisite knowledge and experience to professionally design, install, service and monitor technology-driven security and fire/life safety solutions. RFI understands that every business is unique and requires curiosity and thoughtful attention. We take great care in asking, listening and learning about your enterprise thoroughly, before applying our expertise and sharing our thoughts and recommendations. Working with you, shared intelligence and foresight will help keep your security and fire/life safety strategies and systems relevant and functional as your business continues to grow.

WHERE PURPOSE AND PEOPLE CONNECT
RFI has been built around people – people that make a difference in both your evolving business and ours. Our people connect with your people and develop valuable relationships based on integrity, fair business practices, trust and consistent remarkable performance. Whether executing and delivering an integrated security or fire/life safety project, demonstrating our acumen through insightful approaches, conducting extensive diligence, sharing candid dialogue or becoming an inclusive member of your team, we are dynamically driven by purpose and people.

RESOURCES AND CAPABILITIES
Focusing on end-to-end solutions, your projects are supported by highly-trained and dedicated sales professionals, account managers, installation and service technicians, project managers, application engineers, IT professionals and CAD specialists. With the depth and technical capabilities of our resources, our relationship with you extends beyond the installation of your new system. Our clear objectives are to support you and the complete utilization of your integrated security and fire/life safety systems pre, during and post installation.

ADVANCED PRODUCTS AND SERVICES
Technology changes rapidly. Hardware appliances, software applications, cloud-based storage and applications, as well as the development of AI and deep learning are always evolving. RFI is very proud to be positioned at the forefront of these products and services. We are recognized as a VAR (Value Added Reseller) for many of the world’s top manufacturers and developers within the industries we serve. Additionally, RFI offers a landscape of customizable on-site, remotely managed, hosted and professional services solutions:
· Integrated Security
· Service Advantage Plans
· Fire/Life Safety
· Professional Services
· Managed and Hosted Solutions
· Monitoring Center Services

SECURE MONITORING CENTER
RFI recognizes the importance of delivering a broad scale of secure monitoring center services. Our Monitoring Center maintains and supports advanced technology systems engineered to deliver the dependability you require, while providing the necessary functionality to serve vital operations 24-hours a day, 365 days a year.

Our operations team is well trained and equipped to respond appropriately when activated.

RFI Proposal No. 550-2303029

Page 2 of 9 ends

All information contained herein is confidential and may not be disclosed to any third party 257
RFI Proposal No. 550-2303029

SCOPE OF WORK
RFI is pleased to offer for your consideration the following proposal to provide the necessary equipment and labor to install the system described below. Our proposal is representative of the necessary skills and future responsibilities to effectively serve you with the highest regard to quality in products and installation workmanship.

GENERAL SCOPE OF WORK CITY OF WEST SACRAMENTO POLICE DEPARTMENT Base Scope of work

1.) RFI will provide and install 37 HID RP40 readers for the Police Department.

2.) RFI will provide and install 4 HID RP10 mullion readers for the Police Department.

3.) RFI will replace all existing Siemens door boards in the field with Lenel 1320-S3 Dual door boards.

4.) RFI will install one Lenel CTX-6 enclosure to house the new Lenel X3300 and 8000 boards.

5.) RFI will install new backplanes and standoffs for all Lenel boards.

6.) RFI assumes all power supplies, cabling, door hardware and ancillary devices to be in working order.

7.) If devices and or cabling needs repair this will be an additional cost.

8.) The City of West Sacramento will provide network connection, hardware and IP address.

9.) RFI will remove existing push pad and patch door on exterior door/ CR 25. New door trim will re utilize existing door Cylinder.

10.) RFI will install an LCN-0105 door closer on IT closet/CR 35.

11.) Paint, Patching and Drywall repairs to be provided by others. 12,) RFI will install one Bluetooth enabled RP40 reader for Vehicle Gate. The City of West Sacramento will need to purchase Mobile credentials to utilize this feature for Police vehicle entry. (Mobile Credential cost not included in this proposal)

13.) RFI has included a 64Card Reader Upgrade for your Lenel PRO System allowing us to add the required readers to the system.

14.) RFI has included “Limited” hours for programming as we understand that in past ventures, most if not programing has been completed by the City of West Sacramento. However, due to this being a larger installation, we did include limited hours to help support this transition and turnover.

Change ACP to Lenel head end and replace existing door SRI boards with Lenel 1300.

Page 3 of 9 ends

All information contained herein is confidential and may not be disclosed to any third party 258
Based on your recent phone call and subsequent email, RFI has been requested to add an additional CR reader to the PD Annex Front Office. We have included the asked for parts required to make this change.

The “Estimated” Tax Associated with the project, (Material and Shipping) is approximately $6,795.86 and will be added at the time of Invoice. This is based on the current Published rate of 8.25% per the City of West Sacramento.

Unassigned
1 Recessed 3/4 Steel Door/SPDT - Brown
Access Control
1 Adams Rite - Mortise Exit Device; 1 1/8" Duronatic
Adams Rite - Cylinder Escutcheon Kit, For Concealed Vertical Rod, Bronze Anodized
1 1 LCN - Closer; Tri-Packed Arm; Aluminum
1 PIR REQUEST TO EXIT SENSOR WITH SOUNDER GRAY
80 Resistor Pack/2-1K 1/8 Watt/2 Blue Leads/2 Black Leads Compact High Performance Electric Strike, 501 & 501A Faceplates, Satin Stainless Steel
1 RDR, RP15, MULTICLASS, SE REV E, STD PROX, STD, WIEGAND, PIG, BLK, STD 1 SECURITY, LED RED, FLASH GRN, BZR ON, IPM OFF, 32 BIT 4 RDR, RP40, MULTICLASS, SE E, LF STD, HF STD/SIO/SEOS/MA, WIEG, Pigtail, BLK, LED RED, FLSH GRN, BZR ON, OPT TAMP, OPEN COLL, CSN 32- BIT MSB, EM4102 32-BIT, IPM OFF, MOBILE-ENABLED-FMT
1 37 ICLASS standard edition R40 contactless smart card reader, wall switch, NO PRX Intelligent Dual Reader Controller – powered by 12 or 24 VDC @ 500mA (w/o Rdr Power),, size (6" (152mm) W x 8" (203mm) L x 1" (25mm)H); 6 MB standard cardholder flash memory, 50,000 of event memory, maximum of 32 devices, Onboard Ethernet, Dual Path capability, on-board two door control, OSDP Secu 1 64 Access Readers upgrade for all PRO systems, no maximum on number of readers.
1 RFI Proposal No. 550-2303029

Page 4 of 9 ends

All information contained herein is confidential and may not be disclosed to any third party 259
22 Dual Reader Interface Module (Series 3 Supports OSDP Readers) 3 Star multiplexer for intelligent system controller
1 Enclosure for six field hardware device (18" x 24" x 4.5") 1 Intelligent System Controller powered by12 or 24 VDC @250mA,size 20 Beige Enclosure Removable Back Panel
20 CAM LOCK WITH TWO E001 KEYS
Intrusion Detection System
1 Resistor Pack/2-1K 1/8 Watt/2 Blue Leads/2 Black Leads Project Expenses
1 Consumables
1 Shipping & Handling
RFI Proposal No. 550-2303029

Page 5 of 9 ends

All information contained herein is confidential and may not be disclosed to any third party 260
Base Scope Total: $82,374.00

PROJECT SUMMARY
Sales tax, if applicable, will be added at time of invoice CYBERSECURITY PROTOCOLS:

1. RFI will modify all default authentication credentials on all systems devices installed in this scope of work.

2. All logins and passwords will be delivered to the customers upon project completion.

3. RFI will ensure all network devices installed in this scope of work are updated with the latest supported software and firmware upon project completion.

4. Proper industry cyber hygiene protocols recommend that these items are updated on the regular basis to avoid cyber vulnerabilities. RFI can provide this maintenance upon a separate contract, if desired.

CLARIFICATIONS/EXCLUSIONS

1. Pricing reflects COVID-19 safety requirements that are in place at the time of proposal, per CDC guidelines. Any additional site or project specific requirements for PPE, testing, time delays or changes to CDC guidelines may be subject to an additional cost impact.

2. All work shall be performed during normal business hours Mon-Fri (7:00am to 4:00 pm) and normal working conditions. (Unless specifically addressed otherwise in this proposal)

3. RFI shall provide qualified supervisory labor at the job site. Idle time incurred by RFI employees due to absence of required escorts, clearances, inability to enter the workspace, or other factors beyond our control, shall be considered a change to the contract.

4. Customer will provide access to all areas, including escorted areas such as computer, telephone, equipment and fabrication rooms.

5. RFI assumes no responsibility or warranty for equipment supplied and or installed by others.

6. If applicable, all drawings and related documentation created or provided by RFI are proprietary and will remain the property of RFI, any use or reproduction of same are strictly prohibited.

7. The labor rates used for this project are based on standard industry rates. No provision has been made in the event that State, Federal or Any prevailing wage is required. Additional labor charges may be necessary if prevailing wages are required.

8. All 120VAC power shall be provided and installed by others.

9. Network equipment and connections other than that addressed and provided in the scope of work will be provided, installed, programed and configured by others.

RFI Proposal No. 550-2303029

Page 6 of 9 ends

All information contained herein is confidential and may not be disclosed to any third party 261

10. The customer will be responsible for providing the IP addresses, subnet, gateway information and identifying the ports on the customer network for connection of equipment provided for this scope of work.

11. Electrified locking hardware shall be supplied and installed by others.

12. All conduit, raceways, cable trays, back boxes, sleeves, trenching, cabling pathways, and/or cores shall be supplied and installed by others.

13. All local conduit, boxes and pull strings from the SJB boxes down to the door devices to be provided and installed by others.

14. Unless otherwise specified in this proposal, all cabling shall be supplied and installed by others.

RESPONSIBILITY MATRIX
RFI Other
Electronic Submittals (cut sheets) u
Electronic Shop Drawings (floor plan, riser, wall layout) u Conduit u
Rough-in Boxes u
Field Device Installation u
Cable Installation (Provide and install) u
Locking Hardware u
Access Control Panels/Power Supplies Installation u
Access Control Panel wire terminations u
System programming and configuration u
RFI Proposal No. 550-2303029

Page 7 of 9 ends

All information contained herein is confidential and may not be disclosed to any third party 262

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 5, 2024 ITEM #7
SUBJECT:

CONSIDERATION OF ADOPTION OF RESOLUTION 24-51 ESTABLISHING A LIST OF FISCAL YEAR 2024/25 PROJECTS FUNDED BY SENATE BILL 1 (SB1):

THE ROAD REPAIR AND ACCOUNTABILITY ACT
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [x] Staff
[ ] Other
Christian Asuncion, Associate Civil Engineer
Capital Projects Department
ATTACHMENT [x] Yes [ ] No [ ] Information [ ] Direction [x] Action

OBJECTIVE
The objective of this report is to provide sufficient information to the City Council for it to adopt Resolution 24-51 establishing the Fiscal Year (FY) 2024/25 list of projects to be funded with the State Road Maintenance and Rehabilitation Account (RMRA/SB1) revenues and authorizing staff submission of the list to the California Transportation Commission (CTC).

RECOMMENDED ACTION
Staff respectfully recommends that the City Council adopt Resolution 24-51 establishing and approving the list of FY 2024/25 projects to be funded with the State Road Maintenance and Rehabilitation Account (RMRA/SB1) revenues and authorize staff to submit the list to the State of California Transportation Commission (CTC).

BACKGROUND
Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017, was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant statewide multi-modal transportation funding shortfalls. SB1 includes accountability and transparency provisions that will ensure the residents of California are aware of the projects proposed for funding in each community and which projects have been completed in each fiscal year. In order to comply with this provision, the City must annually establish a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) created by SB 1.

The list must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement.

Collection on this new funding source by the State began on November 1, 2017 and $5,430,675 in SB 1 funding and associated interest earnings has been allocated to the City as of FY 2022/23. The City is projected to receive an additional $1,297,327 by the end of FY 2023/24 and an additional $1,386,773 in FY 2024/25 (according to CaliforniaCityFinance.com). To receive the SB1 funds for FY 2024/25, the City must submit a list of projects, approved by the Council, to the State Transportation Commission (CTC) by July 1, 2024. If the City does not submit the list by the due date, funds may be redistributed to other agencies.

ANALYSIS
A detailed breakdown of estimated and actual SB1 revenues is provided by Table 1 below.

TABLE 1 – SB1 REVENUES
SB1 Revenues1
Fiscal Year (FY), Jul 1 to Jun 30 Estimated Actual YTD
2017/18 $ 198,833 $ 198,833
2018/19 $ 920,000 $ 930,177
2019/20 $ 957,566 $ 987,529
2020/21 $ 962,095 $ 957,943
2021/22 $1,053,674 $1,177,907
1 Actual revenues for 2023/24 include receipts through May 23, 2024. 263
SB1 RMRA Project List
June 5, 2024

Page 2 ends

2022/23 $1,145,941 $1,178,287
2023/24 $1,297,327 $1,197,097
2024/25 $1,386,773
Total $7,922,209 $6,627,773
The “Actual SB1 Expenditures” are detailed in Table 2 below.

TABLE 2 – SB1 EXPENDITURES (THROUGH FY 2023/24)
Project2 3 Actual SB1
Expenditure
Fiscal Year of
Expenditure
Pavement Management System (CIP 10046) $50,000 2017-2018 State Streets Pavement Rehab Design (CIP 15042) $100,000 2017-2018 2018 Pavement & Striping (CIP 15041) $250,000 2017-2018 Targeted Traffic Operations Improvements (CIP 16011) $100,000 2019-2020 State Streets Pavement Rehab (CIP 15042) $500,000 2019-2020 Southport Parkway Pavement Rehab Project (CIP15046) $250,000 2019-2020 Targeted Traffic Operations Improvements (CIP 16011) $100,000 2020-2021 State Streets Pavement Rehab (CIP 15042) $1,500,000 2020-2021 State Streets Pavement Rehab (CIP 15042) $1,000,000 2021-2022 Port Area Infrastructure & Complete Streets Project (CIP 15046) – Formerly known as Southport Parkway
Pavement Rehab Project and Industrial Blvd & Harbor
Blvd Pavement Rehab Project.
$250,000 2021-2022
State Streets Pavement Rehab (CIP 15042) $1,000,000 2022-2023 State Streets Pavement Rehab (CIP 15042) $1,000,000 2023-2024 Total $6,100,000
The SB1 revenues through the end of FY 2023/24 are estimated at $6,627,773. Of this amount, $6,100,000 will be expended through FY 2023/24. If the actual revenues for previous fiscal years are added to the estimated revenues for 2024/25, the estimated revenues through FY 2024/25 total $8,114,775. The estimated total revenues ($8,114,775) less the amount already expended ($6,100,000) leaves approximately $2,014,775 for future expenditures through FY 2024/25. Table 3 illustrates the City’s current plan to expend both the current balance of SB1 funds within the identified project accounts for FY 2019/20 through FY 2023/24 and estimated future revenues to be received in FY 2024/25.

TABLE 3 – SB1 EXPENDITURE PLAN
Project Total 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 (Estimated)
State Streets
Pavement Rehab.
(CIP 15042)
$6,000,000 $500,000 $1,500,00
0 $1,000,000 $1,000,000 $1,000,000 $1,000,000
Port Area
Infrastructure &
Complete Streets
Project (CIP 15046)
$500,000 $250,000 - $250,000 - - -
2 An “Actual SB1 Expenditure” is defined as the transfer of SB1 funds from the SB1 Fund (Fund 203) to the specific project account in accordance with the Council-approved CIP SB1 appropriation for that project. 3 Those projects identified above in italics are completed projects. 264
SB1 RMRA Project List
June 5, 2024

Page 3 ends

Neighborhood
Pavement
Preservation
Program (CIP
17026)
$1,000,000 - - - - - $1,000,000
Carryover to
2025/26 $14,775 - - - - - $14,775
Total $7,514,775 $750,000 $1,500,00
0 $1,250,000 $1,000,000 $1,000,000 $2,014,775
The CTC SB1 Local Streets and Roads Program operates on a yearly fiscal cycle. In conformance with the provisions of the program, cities and counties are required to annually adopt a project list and resolution to secure eligible funds. Projects that carryover from year to year must be relisted on each year's project list, irrespective of prior annual approvals.

The recommended action does not appropriate funds to the projects. Appropriation of funds for FY 2024/25 will be requested through the current Capital Improvement Program budget process at which time the City has the flexibility to shift funds between projects and/or to appropriate funds to other projects that meet the SB1 criteria.

SB1 affords cities and counties flexibility to deviate from a project list in any given fiscal year should local priorities/circumstances change. Any deviations from a project list in a given fiscal year will be captured through the next annual expenditure report to the CTC.

Environmental Considerations
This action is not a project that is subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines§§ 15060(c), 15378(a).) Each project identified herein will receive individual CEQA analysis and documentation during its development phase.

Commission Recommendation
N/A
Strategic Plan Integration
The recommended action will ensure the City of West Sacramento receives its share of SB1 funding to plan for and maintain one of its most valuable assets, its roadway network. The roadway network serves a variety of land uses including residential, institutional, commercial and industrial that contribute to its economic well-being. This is consistent with West Sacramento's mission to provide Quality City Infrastructure and Facilities and to support a Strong, Diverse Local Economy.

Alternatives
The Council may:
1) Approve the recommended action as stated above.
2) Approve the recommended action with modifications. Staff does not recommend modifications that will require staff to return to Council for approval as the deadline to submit an approved list to the CTC is July 1, 2024.
3) Council may choose to not approve the recommended action and the associated project list. Staff does not recommend this because failure to submit the list by July 1, 2024, may result in the loss of approximately $1,400,000 in SB1 funding for fiscal year 2024/25.

Coordination and Review
This report was prepared by the Capital Projects Department in coordination with and review by the Finance Department.

Budget/Cost Impact
The City must submit the list of projects to be funded with the State Road Maintenance and Rehabilitation Account (SB1) funds to the CTC by July 1, 2024. Failure to do so will result in the loss of approximately $1,400,000 in FY 2024/25 that the City could use to repair and maintain its streets.

ATTACHMENT
1) Resolution 24-51
265
SB1 RMRA Project List
June 5, 2024

Page 4 ends

266
Attachment 1
RESOLUTION 24-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024/25 FUNDED BY SB1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor, in April 2017, to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of the City of West Sacramento are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of West Sacramento must annually adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA) created by SB1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of West Sacramento intends to use the SB1 funds in accordance with the Road Repair and Accountability Act of 2017 and abide by the mandated eligibility and reporting requirements; and
WHEREAS, the City of West Sacramento, will receive an estimated $1,386,773 in SB1 funding in Fiscal Year 2024/25; and
WHEREAS, this is the eighth year in which the City of West Sacramento is receiving SB1 funding and this funding will enable the City of West Sacramento to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and
WHEREAS, the City of West Sacramento has undergone a public process to ensure public input into our community’s transportation priorities and the resultant project list; and WHEREAS, the City of West Sacramento used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB1 has helped and will continue to help the City of West Sacramento maintain and rehabilitate its streets and add active transportation infrastructure throughout the City; and
WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of West Sacramento, as follows:
267
Resolution 24-51

Page 2 of 2 ends

1. The foregoing recitals are true and correct

2. The following list of a single project is funded partially or in whole with FY 2024/25 Road Maintenance and Rehabilitation Account (SB1) revenues. The following project is being relisted from a previous year because it has not yet been completed and because it will be utilizing FY 2024/25 Road Maintenance and Rehabilitation Account revenues. With the relisting of this project in the adopted fiscal year resolution, the City is reaffirming to the public and the State its intent to fund this project partially or in whole with Road Maintenance and Rehabilitation Account (SB 1) revenues:
a) Project Title: States Streets Pavement Rehabilitation (CIP 15042) Originally listed: FY 2017/18
Description: Rehabilitate the local street network including pavement rehabilitation, ADA accessibility upgrades and storm drainage repairs.

Location: Limits of the project include the area bounded by Park Blvd, Stone Blvd, Jefferson Blvd and 15th Street
Estimated Useful Life: 10 years
Anticipated Project Schedule:

Phase 1 Construction: June 2024 - December 2024
b) Project Title: Neighborhood Pavement Preservation (CIP 17026) Description: Rehabilitate the local street network including preventative maintenance and ADA accessibility upgrades.

Location: Limits of the project include the area bounded by Riverbank Rd, South River Road, Fisher Ave and Channel Drive
Estimated Useful Life: 10 years
Anticipated Project Schedule:

Construction: Jan 2025 – June 2025
PASSED AND ADOPTED by the City Council of the City of West Sacramento, this 5th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

Martha Guerrero, Mayor
ATTEST:

Jennifer Cusmir, City Clerk
268

CITY COUNCIL AGENDA REPORT
MEETING DATE: June 5, 2024 ITEM #8
SUBJECT:

CONSIDERATION OF CONTRACT APPROVAL WITH AECOM

FOR PLANNING AND ENVIRONMENTAL SERVICES TO IMPLEMENT

THE GRAND GATEWAY DEVELOPMENT MASTER PLAN
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [ X ] Staff
[ ] Other
Mark Polhemus, Senior Program Manager
Economic Development and Housing
ATTACHMENT [ X ] Yes [ ] No [ ] Information [ ] Direction [ X ] Action

OBJECTIVE
The purpose of this report is to provide the City Council with sufficient information to consider approval of a professional services contract with AECOM Technical Services, Inc. (“AECOM”) to provide planning and environmental services to support advancing the Grand Gateway Master Plan.

RECOMMENDED ACTION
Staff respectfully recommends that the City Council:

1. Authorize the City Manager, or his designee, to execute a Contract with AECOM (Attachment 1) in an amount not to exceed $60,000, to provide planning and environmental services to support advancing the Grand Gateway Master Plan.

2. Authorize the City Manager, or his designee, to execute non-substantive changes or modifications to the contract with AECOM, with approval from the City Attorney; and

3. Authorize the City Manager, or his designee, to execute amendments to extend the term of the contract, if necessary.

BACKGROUND
The Grand Gateway Development Opportunity property (“Property”) includes four development blocks totaling approximately 8.6 acres of City-owned land located at the intersection of Grand Street and Tower Bridge Gateway, as depicted in Attachment 2. The City has worked over the past decade to complete planning studies and assemble the Property to facilitate the transformation of what was once a nuisance area and former State Route 275 right-of-way into a mixed-income, mixed-use community through a disposition and development agreement, or similar agreement.

The City has successfully pursued grants to fund site redevelopment. Since 2013, the City has secured State and local grants to facilitate design, planning and entitlement activities, including completing the Grand Gateway Master Plan, which guides the Master Plan area design and development standards; construct pedestrian, cycling, transit and parking improvements; support the development of 137 affordable housing units (West Gateway Place Phase 1 and 2); and acquire the Rodeway Inn to provide supportive emergency housing services for persons experiencing homelessness. In addition, the City was awarded State Regional Early Action Planning (REAP) grant funding to update Grand Gateway planning and design policies to reflect current physical and policy conditions.

Pursuant to the California Surplus Land Act (“SLA”) and prior to disposing of the Property for implementation of the Master Plan, on June 28, 2023, the City Council adopted Resolution 23-52 declaring the Property as Exempt Surplus Land under the stipulation that Property buildout will result in a mixed-use, mixed-income development with at least 300 residential units, including a minimum of twenty-five percent (25%) of the units being restricted to lower income households.

In August 2023, the Economic Development and Housing (“EDH”) Department released a Request for Proposals (“RFP”) to affordable housing and other developers for Property acquisition and development of a mixed-use, mixed-income development subject to the provisions of Exempt Surplus Land under the SLA. During the twomonth submission period, the EDH Department hosted a virtual pre-submission meeting to provide information and a virtual walk-through of the Property and to clarify various site conditions and development factors. The EDH Department closed the submission period on October 6, 2023. At the November 15, 2023, Closed Session meeting, Council gave Staff direction to begin preliminary negotiations with a development team whose proposal met the RFP criteria and was consistent with the vision and objectives established in the Grand Gateway Master Plan document.
269
Grand Gateway Planning and Environmental Services Contract June 5, 2024

Page 2 ends

Since the adoption of the Grand Gateway Master Plan in 2013, the City has acquired additional properties, including the former Rodeway Inn (APN 067-320-007) and the former Old Town Inn site (APN 008-150-033), adding approximately 2.7 acres to the Grand Gateway project area. Furthermore, the Council has approved or adopted other policy and implementation documents, such as the West Capitol Avenue Design Guidelines, the Grand Gateway Master Plan, and a comprehensive General Plan update and new zoning code that have direct or indirect impacts on future Property development. As a result, the City needs to incorporate and reconcile these changes into Grand Gateway planning and implementation mechanisms.

ANALYSIS
To expedite future Grand Gateway Master Plan implementation development opportunities, City staff is creating a new zoning district – the Grand Gateway Zoning District – which will include the Property as depicted in Attachment 2. The Grand Gateway Zoning District will incorporate and refine development standards and objectives provided in the existing Grand Gateway Master Plan document and the General Plan land use designation of Central Business District. The Zoning District will articulate Property development standards for allowable uses, types, and densities, among other considerations and will expand the original Grand Gateway Master Plan area to include the City’s recent acquisitions of the former Rodeway Inn and Flamingo Motel. As provided in the proposed Contract, AECOM will provide technical support to help create this Zoning District.

AECOM is included on the City’s list of approved on-call consultants and has significant planning expertise, as well as a strong track record of completing similar work in other areas of the City. In addition, AECOM will provide environmental technical and documentation support in order to streamline future CEQA/NEPA review processes for development opportunities, given the development proposal’s apparent consistency with the City’s General Plan and long-envisioned goals for the Grand Gateway project area. The new Zoning District will be considered by the Planning Commission and City Council later this year.

The Property is a generational opportunity to influence the riverfront’s transformation westward to the City’s Central Business District (“CBD”) while creating significant value and revenue-generating uses on underutilized or vacant land. Approving the Contract with AECOM will enable City staff to ensure that the Property is entitled and shovel-ready for forthcoming negotiations between the City and a prospective development team.

Environmental Considerations
This action is not a project subject to CEQA because it is not an activity that may cause either a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065; CEQA Guidelines §§ 15060(c), 15378(a).)
Commission Recommendation
The Grand Gateway Master Plan was completed in 2013 after multiple community, EDH Commission and Council workshops. On July 26, 2023, the Director’s Report to the EDH Commission included an update on the Grand Gateway Master Plan RFP. The Commission expressed support for advancing the Grand Gateway Master Plan.

Strategic Plan Integration
Grand Gateway Development is included as part of multiple City Council Strategic Plan Management Agenda items, including recently in 2023 and 2024. The recommended action will further the City Council’s goal by improving development certainty and simplifying development processes for future Grand Gateway Development.

Alternatives
In addition to the recommended actions, the primary alternatives include:

1. Modify the terms of the contract with AECOM;

2. Postpone consideration of a Contract with AECOM until a later date; or

3. Elect to not execute a Contract with AECOM.

These alternatives are not recommended as they will not only delay development of the Property, but postponing or electing to not execute a Contract with AECOM, may result in the City losing its time-sensitive State grant funds.

Coordination and Review
This report and AECOM Contract scoping has been developed in coordination with the Community Development Department and with the City Attorney.
270
Grand Gateway Planning and Environmental Services Contract June 5, 2024

Page 3 ends
← All documents from this meeting