professional engineering design services for anderson …

REQUEST FOR PROPOSALS

FOR

PROFESSIONAL ENGINEERING DESIGN SERVICES FOR

Anderson Road – Chavez Elementary School

CITY OF DAVIS CAPITAL IMPROVEMENT PROJECT #8298

CITY OF DAVIS

1717 Fifth Street DAVIS, CA 95616

PUBLISH DATE:

November 9, 2021

SUBMISSION DATE:

December 10, 2021 5:00 p.m.

REQUEST FOR PROPOSAL CAPITAL IMPROVEMENT PROJECT # 8298

PROFESSIONAL ENGINEERING DESIGN SERVICES

sdfasdfasdf

TABLE OF CONTENTS

I. INTRODUCTION ...................................................................................................................................................... 3

II. PROJECT DESCRIPTION AND BACKGROUND ............................................................................................. 4

III. SCOPE OF WORK ..................................................................................................................................................... 6

APPENDIX A – PROPOSAL CONTENT REQUIREMENTS ...................................................................................... 11

APPENDIX B – PROPOSAL EVALUATION .................................................................................................................. 15

ATTACHMENT 1 – LOCATION MAP AND PROPOSED CONDITIONS .............................................................. 19

ATTACHMENT 2 – SAMPLE AGREEMENT ................................................................................................................ 21

ATTACHMENT 3 – REQUIRED LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBITS...................... 49

ATTACHMENT 4 – ELEMENT 1 & 8 – SACOG APPLICATION AND EXHIBIT............................................... 50



3

I. INTRODUCTION The City of Davis is requesting proposals (RFP) from qualified, interested firms to provide professional Engineering Design Services. Anderson Road – Chavez Elementary School project (Project) will be funded with local and federal dollars requiring the Consultant to follow all pertinent local, State, and Federal laws and regulations. The DBE goal for this agreement is 17%.

The performance period of the agreement will be from the date of approval by the City Council to

the beginning of the construction phase.

The proposals submitted in response to this RFP will be used as a basis for selecting the Consultant

for this project. The Consultant’s proposal will be evaluated and ranked according to the criteria

provided in “Evaluation Criteria,” of this RFP.

Addenda to this RFP, if issued, will be posted on the City of Davis website at:

http://cityofdavis.org/city-hall/public-works

It shall be the Consultant’s responsibility to check the City of Davis website to obtain any addenda

that may be issued.

The Consultant’s attention is directed to Appendix A “Proposal Content Requirements.”

Submit five (5) hard copies in an 8 ½” by 11” format (minimum font size shall be 11) and one (1)

electronic copy in PDF format on a Flash (Thumb) Drive or CD or DVD of the Consultant’s proposal.

The hard copies and Flash (Thumb) Drive/CD/DVD shall be mailed or submitted to the City of Davis

address prior to 5:00 p.m., December 10, 2021. Proposals shall be submitted in a sealed package

clearly marked “ANDERSON ROAD – Chavez Elementary School project – PROFESSIONAL

ENGINEERING DESIGN SERVICES” and addressed as follows:

Michael Mitchell Principal Civil Engineer

1717 Fifth Street Davis, CA 95616

Proposals received after the time and date specified above will be considered nonresponsive and

will be returned to the Consultant.

Any proposals received prior to the time and date specified may be withdrawn or modified by

written request of the Consultant. To be considered, however, the modified Proposal must be

received prior to 5:00 p.m., December 10, 2021.

Unsigned proposals or proposals signed by an individual not authorized to bind the prospective

Consultant will be considered nonresponsive and rejected.



4

This RFP does not commit the City of Davis to award an agreement, to pay any costs incurred in the preparation of a proposal for this request, or to procure or enter an agreement for services. The City of Davis reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified Consultant, or to modify or cancel in part or in its entirety the RFP if it is in the best interests of the City of Davis to do so. Furthermore, an award may not be made based solely on price. The prospective Consultant is advised that should this RFP result in recommendation for award of an agreement, the agreement will not be in force until it is approved and fully executed by the City of Davis. All products used or developed in the execution of any agreement resulting from this RFP will remain in the public domain at the completion of the agreement. The anticipated consultant selection schedule is as follows:

RFP Issued November 9, 2021 Cutoff for Requests for Information November 30, 2021 Consultant Proposals Due December 10, 2021 Consultant Interviews December 20, 2021 Consultant Selection and Negotiations Week of January 3, 2022 City Council Approval of Agreement January 11, 2022 Notice to Proceed January 17, 2022 Target Agreement Expiration December 31, 2022

Any questions related to this RFP shall be submitted in writing to the attention of City of Davis via email at [email protected]. Questions shall be submitted before 5:00 PM on November 30, 2021. No oral question, inquiry or meeting about this RFP/RFQ shall be accepted. The City reserves the right to modify this RFP at any time prior to the proposal due date, or to extend the proposal due date, or to cancel this RFP at any time.

II. PROJECT DESCRIPTION AND BACKGROUND The improvements will be located on Anderson Road in Central Davis. Anderson Road is classified as major north-south arterial connecting Central Davis with North Davis and is situated north of the UC Davis campus to the south. Anderson Road provides connections with major east-west arterials including Russell Boulevard, Covell Boulevard, and Eighth Street as well as local shopping centers. The purpose of the proposed improvements for this project is to enhance safety on Anderson Road within the vicinity of Chavez Elementary School by reducing potential conflicts between transit, bicyclists, pedestrians, and vehicles. Anderson Road serves as the primary access point for Chavez Elementary School therefore the City and Davis Joint Unified School District share a joint interest in improving multi-modal access and circulation conditions along the school’s Anderson Road frontage.



5

The existing configuration of Anderson Road poses numerous multi-modal conflicts between bicyclist and vehicles occurring along the on-street school loading zones. Vehicles pull in and out from the curb loading zone weaving through the existing bike lane during the morning drop-off period causing conflicts with southbound bicyclists. There also exists conflicts between bicyclists and buses occurring at bus stops near Villanova Drive and Amherst Drive. There are conflicts between pedestrian, vehicles, and bicyclists at the Anderson Road and Rutgers Drive intersection where high volumes of bicyclists and pedestrians mix in the marked crosswalks and conflicts 5with turning vehicles. Between 2009 and 2019 there have been a total of 106 collisions on Anderson Road between Russell and Covell Boulevard. Of these collisions 53 percent involved Bicyclist. This Capital Improvement Project (CIP) consists of bikeway and pedestrian facilities and roadway rehabilitation on Anderson Road between Amherst Drive and Radcliff Drive (approximately 0.4 miles). Physical improvements will include the construction of sidewalks, curbs, gutters, raised pedestrian islands, floating bus stops, adjustment of existing utilities to finish grade, pavement markings and striping, signage, buffered Class 2 bicycle lanes, separated bike lane, isolated areas of roadway structural section repair, traffic signal upgrades, addition of Rutgers Dr leg to the intersection, and asphalt concrete pavement grinding, and an asphalt concrete overlay. Other improvements may include the reconstruction of traffic signal intersection, detector loops and landscape irrigation. Through the preparation of a Safe Routes to School Walk and Bike Audit Report (WBAR) dated to 2014 has identified this project as necessary to improve safety and comfort of non-motorized modes of travel on these street segments. The City of Davis has considered the use of the following improvements to be appropriate for providing the necessary safety for non-motorized modes of travel:

Buffered bike lanes are proposed throughout the entire project length. Separated Bikeway on southbound Anderson Road from north of Villanova Drive to about north Amherst Drive. Low Impact Corner Treatments are proposed at Anderson Road/Villanova Drive intersection to increase pedestrian visibility for drivers, and reduce vehicle speeds. Green bicycle lane panels will provide visual cues to drivers to watch for bicycles at that location.

Sidewalk extensions, pedestrian refuges, and ladder-style crosswalks on Anderson Road at the Cesar Chavez Elementary entrance, Rutgers Drive, Amherst Drive, and Villanova Drive intersections which will significantly improve safety. Floating Bus Islands (transit boarding islands) on southbound Anderson Road immediately south of Villanova Drive and on northbound Anderson Road in front of the United Methodist Church.



6

Traffic Signal Modifications at the intersections of Anderson Rd and Villanova Dr and Anderson Rd and Rutgers Dr. This would include signal timing upgrades and a bike signal and scramble phase for Rutgers Dr.

This corridor intersects the 13-mile “Davis Bike Loop”, at the intersection of Villanova Drive which showcases the City’s off- and on-street bicycling infrastructure. As a primary east-west bicycle thoroughfare, the proposed upgrades will provide improvement allowing volumes of bicycles and pedestrians to more safely access Cesar Elementary School.

III. SCOPE OF WORK The City of Davis is interested in entering an agreement with a Consultant that will conduct and coordinate specified tasks related to advancing the Project to the construction phase. The range of services include, but are not limited to: geotechnical, environmental, surveying, preliminary and final design engineering, cost estimation, and bidding and construction support services. The work shall comply with the requirements of all of the following without limitation, and shall apply to this RFP and any subsequent agreement as though incorporated herein by reference:

1. Federal laws 2. State laws 3. Local laws 4. Rules and regulations of governing utility districts 5. Rules and regulations of other authorities with jurisdiction over the procurement of

products The Consultant shall comply with all insurance requirements of the City of Davis, included in the sample agreement in Attachment 2. The Consultant selected shall provide services to complete all locally and federally funded work including preliminary engineering, environmental, right-of-way, and utility phases for the Project. Preparation and submittal of Local Assistance Procedure Forms shall encompass the whole project with federally participating and non-participating costs clearly separated or defined. The Consultant shall be able to track and submit their time and expenses separately for federally funded participating work and locally funded non-participating work. Amendments to the agreement will be required to modify the terms of the original agreement for changes such as extra time, added work, or increased costs and must be done prior to expiration of the original agreement. Only work within the original advertised scope of services shall be added by amendment to the agreement. The consultant shall perform the services stated in the agreement for an agreed amount as compensation (Lump Sum Fee), including a net fee or profit. The Consultant shall have and provide adequate office equipment and supplies, field tools, instruments, equipment, materials, supplies, and safety equipment to complete the required field work and that meet or exceed Caltrans Specifications per the Caltrans Manuals.



7

Specifically, the Consultant selected will be required to complete the following tasks: 1. Project Management

Michael Mitchell will serve as the City’s Project Manager and direct liaison between the Consultant and Caltrans District #3 Division. The Consultant shall be responsible for project management activities throughout the life of the agreement and the scope of activities which includes but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City of Davis and sub-consultant(s), and preparing all submissions for the City of Davis to submit to Caltrans Local Assistance. Submissions to Caltrans Local Assistance would include but not be limited to Request for Authorizations (RFA’s), certifications, checklists, and plans, specifications, and estimates. Any modifications proposed to this solicitation are welcome provided they are innovative, advanced, and well thought out methodologies and shall be identified as optional and priced out separately in the sealed fee proposal.

2. Surveys and Mapping

The Consultant shall be responsible for data collection, mapping and surveying necessary for preliminary engineering, design, cost estimates, right-of-way impacts, and the level of environmental clearance. Surveys shall provide, at a minimum, locations of existing sidewalks, curbs, gutters, curb ramps, striping, signage, and utilities (manholes, valves, drop inlets, survey monuments, etc.) within the public right-of-way. Surveys shall also have sufficient information to design connections to existing pedestrian facilities and residential driveways that may be located adjacent to the right-of-way or any public facilities. The Consultant shall determine the level of survey detail necessary to provide a complete design of pedestrian and bicycle facilities and roadway improvements throughout the Project. 3. Conceptual Layouts

The Consultant shall be responsible for a design that uses the provided conceptual layout and include striping and signage enhancements, buffered Class 2 bike lanes, and curb, gutter, and sidewalk extensions, crosswalk enhancements, low impact corner improvements, traffic calming devices, and bike lanes. A 30% design shall be prepared and submitted to the City for review for the conceptual layout described above. Subsequent work shall not begin until the City has approved a conceptual layout. 4. Preliminary Engineering Studies

Upon City approval of a conceptual layout the Consultant shall coordinate with the City to determine the locations for obtaining up to six (6) cored samples of the existing roadway structural section. The samples shall be a maximum of 12” in depth, include the existing asphalt concrete and underlying aggregate base, and be obtained from within the traveled lanes. The approved conceptual plan shall also be used for right-of-way, utility relocation, and environmental evaluations. 5. Environmental Studies

The Consultant shall complete the environmental review, preparation of CEQA and NEPA documentation, and the preparation of a Preliminary Environmental Study (PES) Form (LAPM



8

Exhibit 6-A) for submittal to Caltrans for review and approval. The Consultant shall also complete any technical studies that may be required to obtain NEPA approval. 6. Utility Coordination

For all utilities discovered within the Project area the Consultant shall contact the utility companies that are impacted by the Project and have the utility companies delineate the location of existing facilities within the Project area. The Consultant shall prepare preliminary improvement plans with right-of-way lines clearly shown and provide them to the utility companies. It will be the responsibility of the Consultant to identify potential points of conflict between proposed City facilities and existing or proposed utility company facilities. The Consultant will coordinate resolution of these problems by working with the City and utility company personnel to produce a recommendation for alternative construction that will minimize or eliminate the problem. The Consultant shall prepare utility relocation documents and letters including specific authorizations, notice to owners, reports of investigation and utility agreements for submittal to Caltrans for review and approval. 7. Right-of-Way Phase and Determination

The Consultant shall prepare Right-of-Way Certifications and documentation for submittal to Caltrans for review and approval. The City does not anticipate a need to acquire additional right-of-way for the construction of proposed improvements. 8. Design

The design phase of the Project shall not begin until the proper CEQA and NEPA documentation has been completed and approved. The Consultant is responsible for the design and preparation of complete contract plans and technical specifications in conformance with the City of Davis Public Works Department Standard Plans and Specifications, Caltrans Standards, and AASHTO Geometric construction details. The Consultant shall prepare one set of plans and specifications for the approved conceptual layout. The contract plans should include at a minimum a title sheet, layout sheet, plan and profile sheets, pavement delineation and signage sheets, and erosion control sheets. The Consultant shall clearly identify the limits of on the contract plans. The Consultant shall document horizontal and vertical design of the roadway and conform to adjacent elevations with the submittal of cross sections, profiles, and other pertinent information. Contract plans shall be computer generated using Autocad Civil 3D software, version 2014 or later. Contract plan size and format shall be in accordance with the City of Davis requirements. Plans will be reviewed by the City at 60%, 90%, and final design stages. The Consultant shall submit a minimum of two (2) hard copies plan sets for each stage. The Consultant shall prepare, in the format requested by the City, all technical specifications, bid sheets, and measurement and payment clauses for use in connection with the 2015 Caltrans



9

Standard Specifications. Design shall be per City of Davis and Caltrans Standards, Specifications, and policies. Technical specifications, bid sheets, and measurement and payment clauses will be reviewed by the City at 60%, 90%, and final design stages. The Consultant shall submit a minimum of two (2) hard copies for each stage. The City will be responsible for the preparation of the Bid documents, standard contract, and legal provisions. All reports, design submittals, plans, specifications, estimates, and other documents prepared or obtained under the agreement entered into between the City and Consultant for this work will be delivered to and become the property of the City. The Consultant shall prepare cost estimates for submittal at the 60%, 90%, and final plan stages of the project. A detailed quantity takeoff summary shall be submitted including all items of work, design assumptions, and shall be broken down and separated per plan sheet. Quantities on the plan, if shown, must match exactly the quantities on the cost estimate and bid sheet. The Consultant shall clearly identify on the cost estimates which bid items and quantities are federally funded participating work and locally funded non-participating work. The quantities derived from this takeoff shall be placed in an Excel spreadsheet with notes showing all assumptions. The Consultant shall submit two (2) hard copies of the spreadsheet and one (1) electronic copy for each stage. The Consultant shall provide an electronic copy of the final approved plans and specifications, a mylar copy of the final approved plans, and a hard copy of the final approved specifications. The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format. 9. Coordination with Adjacent Properties

The Consultant shall coordinate with adjacent properties, as necessary, to establish driveway locations and other modifications required in front of their property such as fence relocations, mailbox relocation, or tree removal. 10. Construction Phase Authorization

The Consultant shall prepare one Request for Authorization for Construction using procedures outlined in the Caltrans Local Assistance Procedures Manual. This includes, but is not limited to, the preparation of the following: Request for Authorization to Proceed with Construction, Data Sheets, Finance Letter, NEPA documentation, DBE Contract Goal for construction, Right-of-Way Certifications, PS&E Certification, and Contract Administration Checklist. 11. Bid and Construction Support

The City of Davis will be responsible for making copies of contract documents and distributing them to plan rooms and contractors. The Consultant shall review and respond to questions that arise during the bid and construction phases. This would include the preparation of addendums and requests for information which will be distributed by the City of Davis as necessary.



10

12. Tentative Schedule of Work

Anderson Rd

Improvements Duration Start Finish

Design 100 Days 1/17/22 4/27/22

Bid 16 Days 9/13/22 10/4/22

Construction 60 Days 6/8/23 8/30/23



11

APPENDIX A

PROPOSAL CONTENT REQUIREMENTS

Submittals are expected to be concise, and limited to as few pages as possible. Lengthy submittals containing superfluous information may be penalized. Proposals shall not exceed fifteen (15)

double-sided pages or thirty (30) single-sided pages in length. Consultants may include additional information with the proposal at their discretion. Additional information may include graphs, charts, budgets, photos, etc. and will count towards the overall page count. The proposal should address the following information in the order listed below: 1. Title Page

The Title Page (front cover) shall identify the project name, CIP number, name of the prime Consultant’s firm, prime Consultant’s address, and submittal date. (Not included in page count) 2. Table of Contents

The proposal shall include a table of contents that clearly identifies material by section and page number. (Not included in page count) 3. Introductory Letter

The letter (two pages max) should be on the prime Consultant’s letterhead and include the Consultant’s contact name, mailing address, telephone number, facsimile number, and email address. The letter shall be wet-signed in blue ink by an individual authorized to bind the Consultant to the proposal, and be addressed to:

Michael Mitchell Principal Civil Engineer

1717 Fifth Street Davis, CA 95616

The letter shall address the Consultant’s understanding of the services being requested and at a minimum shall include:

1. A brief history of the firm. 2. A brief summary statement regarding the qualifications of the Consultant to do the work. 3. The Prime Consultant’s office location(s) and indicate the location of the office from which

the project will be managed and/or the majority of the key personnel assigned to the project will be located and the staff available at this office.

4. If a Sub-consultant will perform work on this project, their office location and available staff shall be provided.

5. The Prime Consultant’s understanding of the project and summary of critical issues, challenges, milestone tasks, and appropriate resourcing.

6. A brief summary of any information about the project team or the Consultant that may be useful or informative to the City.

7. All addendums received must be acknowledged in the introductory letter.



12

4. Consultant Information, Qualifications, and Experience

The City of Davis will only consider submittals from Consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects within the past five (5) years which include the following information:

1. Contracting agency 2. Contracting agency Project Manager 3. Contracting agency contact information 4. Contract amount 5. Funding source 6. Date of contract 7. Date of completion 8. Consultant Project Manager and contact information 9. Project Objective 10. Project Description 11. Project Outcome

5. Organization and Approach

The Consultant shall provide an organizational chart that identifies the proposed project manager, key individuals and their roles, and sub-consultants who are proposed to be part of the team for the duration of the agreement. Describe your project and management approach. Provide a detailed description of how the team and scope of work will be managed. Describe the roles of key individuals on the team. Resumes shall be provided for each of the individuals shown in the organizational chart. Resumes of key personnel to be assigned to the project should include information on specific projects the individual has been involved with, clearly showing experience relevant to the Project. (Resumes are not included in the page count.) The project manager, key individuals, and sub-consultants shall be in possession of a current Professional Engineering license as required by state laws and regulations. 6. Scope of Work

Describe your firm’s understanding of the project and provide a clear statement of the general approach to be undertaken on the project, including the level of effort required for the work proposed. A Scope of Work should be prepared detailing all services to be provided. The Scope of Work should describe each step in the overall preparation, design, analysis, and completion of the work as well as the deliverables for each phase of work. The Consultant shall also provide responses to the following:

1. Describe critical engineering design issues associated with the project and how they will be addressed.

2. Describe critical environmental issues and how they will be addressed. 3. How cost and schedule could be minimized.



13

The Consultant will be responsible for providing all services and work to complete the Project, including gathering and analyzing all information, data, and requirements. If sub-consultants are to be used, the Consultant must include in the Proposal a description of the work to be performed by the sub-consultants. 7. Schedule of Work

The Consultant shall provide a schedule including deliverables for performing the tasks identified in the scope of work. The schedule should list all tasks indicating the start date and length of time for the completion of the task. Functions carried out by a sub-consultant(s) should be clearly indicated. (The schedule may be produced in 11” x 17” format and is not included in the page count.) 8. Conflict of Interest Statement

The proposing Consultant shall disclose any financial, business or other relationship with the City of Davis that may have an impact upon the outcome of the agreement or the construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this agreement or the construction project that will follow. The proposing Consultant shall disclose any financial interest or relationship with any construction company that might submit a bid on the construction project. 9. Litigation

Indicate if the proposing Consultant or any sub-consultants have been involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result. 10. Project Agreement

Indicate if the proposing Consultant has any issues or needs changes to the sample agreement included as Attachment 2. The Consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due. The Consultant and any sub-consultants shall complete Local Assistance Procedures Manual (LAPM) Exhibit 10-K provided in Attachment 3 and include it with the cost proposal. The City will not award this Project to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 31 and 2 CFR Part 200. 11. Federal-Aid Provisions

The proposing Consultant’s services are federally funded, which necessitate compliance with additional requirements. Special attention is directed to LAPM Exhibit 10-I provided in Attachment 3. The proposing Consultant shall complete and submit the following forms with the proposal to be considered responsive. These forms and instructions are provided in Attachment 3.

1. LAPM Exhibit 10-O1, Local Agency Proposer DBE Commitment (Consultant Contracts). The

local agency’s current agreement DBE Goal is 0%.

2. LAPM Exhibit 15-H, DBE Information - Good Faith Effort. This form is required if DBE goal is not achieved. It is recommended that proposer prepare and submit a GFE irrespective of meeting the DBE goal.

3. LAPM Exhibit 10-Q, Disclosure of Lobbying Activities.



14

Upon award and through completion of the project, the successful proposing Consultant will be required to follow applicable Federal-Aid requirements and shall complete and submit with the agreement the following forms at the time of award:

1. LAPM Exhibit 10-O2, Local Agency Proposer DBE Information (Consultant Contracts). 2. Any other relevant forms required during the project.

The Consultant shall demonstrate their familiarity with providing services for federally funded projects and show a clear understanding of requirements/needs to facilitate the project through Caltrans Local Assistance and the Local Assistance Procedures Manual. 12. Cost Proposal

The Consultant shall perform the services stated in the agreement for an agreed amount as compensation, including a net fee or profit. In order to assure that the City of Davis is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the proposal shall include a cost proposal for each service of the proposal. Separate cost proposals shall be prepared and submitted for Segments 1 and 2. Proposing Consultants will be required to submit certified payroll records, as required. The cost proposal shall be submitted in a separate sealed envelope from the proposal and labeled “Anderson Improvement Project”. The cost proposal is confidential and will be unsealed after all proposals have been reviewed, and the most qualified consultant has been selected. The Consultant shall refer to the sample cost estimate in Attachment 3 LAPM 10-H and prepare a Lump Sum Fee estimate with progress payments at defined milestones/tasks. The selected Consultant shall comply with Chapter 10 of the Local Assistance Procedures Manual regarding the A&E Consultant Contract Audit and Review process. The Consultant and sub-consultant(s) are responsible for complying with State and Federal prevailing wage rates throughout the duration of the Project. Contracts will not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 2 CFR Part 200, and 48 CFR Part 31 (See LAPM Chapter 10).



15

APPENDIX B

PROPOSAL EVALUATION

SELECTION PROCESS

All proposals will be evaluated by a City of Davis Selection Committee (Committee). The Committee may be composed of City of Davis staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the City of Davis Contract Administrator/Project Manager only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of the Consultant. The Committee will evaluate each proposal meeting the qualification requirements set forth in this RFP. The Consultant should bear in mind that any proposal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City of Davis’ requirements as set forth in this RFP. The selection process will include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information may be required to be submitted. Consultants invited to interviews will be required to submit cost proposals in sealed envelopes during the interview. Upon completion of the evaluation and selection process, only the cost proposal from the most qualified consultant will be opened to begin cost negotiations. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful agreement negotiations, staff will recommend an agreement be awarded. The City will negotiate an agreement that is reasonable and mutually agreeable to the City and the highest rated firm. If there are unresolved issues and negotiations are unsuccessful with the top ranked firm, negotiations with that firm will be formally terminated, and the City may attempt to negotiate an agreement with the next highest ranked firm(s). Aside from announcing the top ranked proposal, the rankings will be kept confidential. The selected Consultant's agreement will be subject to City Council approval. The firm that is selected to do the work must meet the City's minimum insurance requirements. These requirements are included in the sample agreement provided in Attachment 2. After the Consultant is selected, the City and the Consultant will agree to a PSA (Professional Services Agreement – See Attachment 2).



16

EVALUATION CRITERIA

The Consultant selected for this project shall have demonstrated experience preparing plans, specifications and estimates for federally funded projects. If all required information is not provided, a proposal may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong location, or submittals with inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional information after the due date shall not be allowed. The City retains the right to reject any or all proposals. Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A proposal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any project is five hundred (500) points.

Rating Scale

0 Not Acceptable

Non-responsive, fails to meet RFP specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of proposal.

1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project objectives per RFP.

2 Fair Has a reasonable probability of success, however, some objectives may not be met.

3 Average Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each item with adjustments based on interpretation of proposal by Evaluation Committee members.

4 Above Average/Good

Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFP requirements and expectations.

5 Excellent/ Exceptional

Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFP specification.

The Evaluation Criteria Summary and their respective weights are as follows:

No. Written Evaluation Criteria Weight

1 Completeness of Response Pass/Fail

2 Qualifications & Experience 20

3 Organization & Approach 15

4 Scope of Work 15

5 Schedule of Work 10

6 Conflict of Interest Statement Pass/Fail

7 Local Presence 5

8 References 10

Subtotal: 75



17

No. Interview Evaluation

Criteria Weight

9 Presentation by team 10

10 Q&A Response to panel questions

15

Subtotal: 25

Total: 100

1. Completeness of Response (Pass/Fail)

a. Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of agreement award and/or the completion of the competitive process.

2. Qualifications & Experience (20 points)

a. Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to conduct traffic engineering services on both federal and nonfederal-aid projects.

3. Organization & Approach (15 points)

a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward

b. Roles and Organization of Proposed Team i. Proposes adequate and appropriate disciplines of project team.

ii. Some or all of team members have previously worked together on similar project(s).

iii. Overall organization of the team is relevant to City of Davis needs. c. Project and Management Approach

i. Team is managed by an individual with appropriate experience in similar projects. This person’s time is appropriately committed to the project.

ii. Team successfully addresses Site Planning and Programming efforts. iii. Project team and management approach responds to project issues. Team

structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.

d. Roles of Key Individuals on the Team i. Proposed team members, as demonstrated by enclosed resumes, have relevant

experience for their role in the project. ii. Key positions required to execute the project team’s responsibilities are

appropriately staffed. e. Working Relationship with City of Davis

i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.

ii. Team leadership understands the nature of public sector work and its decision-making process.

iii. Proposal responds to need to assist City of Davis during the project.



18

4. Scope of Work (15 points)

a. Detailed Scope of Work to be Provided i. Proposed scope of work is appropriate for all phases of the work.

ii. Scope addresses all known project needs and appears achievable in the timeframes set forth in the project schedule.

b. Project Deliverables i. Deliverables are appropriate to schedule and scope set forth in above requirements.

c. Cost Control and Budgeting Methodology i. Proposer has a system or process for managing cost and budget.

ii. Evidence of successful budget management for a similar project.

5. Schedule of Work (10 points)

a. Schedule shows completion of the work by December 31, 2018 b. The schedule serves as a project timeline, stating all major milestones and required

submittals for project management and Federal-Aid compliance. c. The schedule addresses all knowable phases of the project, in accordance with the

general requirements of this RFP.

6. Conflict of Interest Statement (Pass/Fail)

a. Discloses any financial, business or other relationship with the City of Davis that may have an impact upon the outcome of the agreement or the construction project.

b. Lists current clients who may have a financial interest in the outcome of this agreement or the construction project that will follow.

c. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project.

7. Local Presence (5 points)

a. A statement addressing firm’s ability to establish an office within the County or surrounding area.

8. References (10 points)

a. Provide as reference the name of at least three (3) agencies the Consultant currently or has previously consulted for in the past three (3) years.

9. Presentation by Team (10 points)

a. Consulting team presentation conveys project understanding, communication skills, innovative ideas, critical issues and solutions.

10. Q&A Response to Panel Questions (15 points)

a. Consultant provides responses to various interview panel questions.



19

Weighted scores for each Proposal will be assigned utilizing the table below:

No. Evaluation Criteria Rating

(0-5) Weight

Score

(Rating

Weight)

1 Completeness of Response N/A Pass/Fail Pass/Fail

2 Qualifications & Experience 20

3 Organization & Approach 15

4 Scope of Services to be Provided 15

5 Schedule of Work 10

6 Conflict of Interest Statement N/A Pass/Fail Pass/Fail

7 Local Presence 5

8 References 10

9 Presentation by Team 10

10 Q&A Response to Panel Questions 15

Total: 100

Protest procedures and dispute resolution process per 2 CFR Part 200.318(k), 2 CFR 172.5(c)(18).



20

ATTACHMENT 1

LOCATION MAP AND PROPOSED CONDITIONS

CHAINLINK FENCE

(E) TRANSFORMER

I

DELIVERY

LOADING

E

I

MPR

10

7 8

9

6

4 5

2

3

1

I

I

w

G

GM

E

ROOF LINE

I

I

I

I

E

E

G

E

E

wM

E

G

I

I

I

I

G

I

I

I

E

w

E

E

E

E E

EE

E

E

E

10

7 8 96

4 52 31

RADCLIFFE DRIVE

AN

DER

SO

N R

OA

D

OR

AN

GE LA

NE

VILLANOVA DRIVE

COLBY DRIVE

RUTGERS DRIVE

CESAR CHAVEZ

ELEMENTARY SCHOOL

AMHERST DRIVE

N C

AM

PU

S W

AY

GEORGETOWN PLACE

OEST

E D

RIV

E

L

A

U

R

E

L

P

L

A

C

E

LIN

DEN

LA

NE

ST

AF

F P

AR

KIN

G

PIC

K-U

P / D

RO

P-O

FF

PIC

K-U

P / D

RO

P-O

FF

FIRE LANE

PROPOSED CONDITIONS

PROJECT AREA #1

6'9'11'12'11'

2'

5' 5'

2'

5'8' 8'

CONCEPT 2

PROJECT AREA #2

5' 11'12' 6'11'

2'

10'6'

2'

5'

2'

CONCEPT 2

PROJCET AREA #3

11'12'11' 6'8'

2'

10'3'5'

2'

5'16'10'

2'

10'

2'

11'11'8.5'3'8'

2'

3'5'

2'

5'

2'

6.5'10'16'12'

2'

10' 6'13'

CONCEPT 2

PROJCET AREA #4

AN

DER

SO

N R

OA

D

1"=100'

CONCEPTUAL - NOT FOR CONSTRUCTION. ADDITIONAL

DETAILED ANALYSIS AND ENGINEERING DESIGN REQUIRED.

Anderson Road

Amherst Drive to Rutgers Drive

Layout 2

AutoCAD SHX Text

N

AutoCAD SHX Text

CADD FILE:

AutoCAD SHX Text

1" = 100'

AutoCAD SHX Text

GRAPHIC SCALE

AutoCAD SHX Text

0

AutoCAD SHX Text

100

AutoCAD SHX Text

200

AutoCAD SHX Text

100



21

ATTACHMENT 2

SAMPLE AGREEMENT

AGREEMENT FOR PROFESSIONAL SERVICES

[FOR PROFESSIONAL DESIGN SERVICES ONLY]

THIS AGREEMENT is made and entered into this ___ day of _____________, 20___, by and

between the CITY OF DAVIS, a municipal corporation existing under the laws of the State of

California, hereinafter referred to as “City,” and _____________________________, a

____________________________, hereinafter referred to as “Consultant.”

RECITALS

WHEREAS, Consultant desires to perform and assume responsibility for the provision of

certain professional services required by the City on the terms and conditions set forth in

this Agreement. Consultant represents that it is experienced in providing [INSERT TYPE OF

SERVICES] services to public clients, is licensed in the State of California, and is familiar with

the plans of the City with respect to the Project, as defined below.

WHEREAS, the City desires to engage Consultant to render such services in connection with

the [INSERT NAME OF PROJECT] project (“Project”) as set forth in this Agreement.

NOW, THEREFORE, City and Consultant agree as follows:

1. SCOPE OF SERVICES AND TERM.

1.1. Scope of Services. Consultant promises and agrees to furnish to City all labor,

services, and incidental and customary work necessary to fully and adequately perform the

professional [INSERT TYPE OF SERVICES] services necessary for the Project (“Services”).

The Services are more particularly described in Exhibit A. All Services shall be subject to,

and performed in accordance with, this Agreement, the exhibits attached hereto and

incorporated herein by reference, and all applicable local, state, and federal laws, rules, and

regulations. In the event of a conflict between a provision in this Agreement and a provision

in Exhibit A or in any other exhibit to this Agreement, the provision in this Agreement shall

control.

1.2. Facilities, Equipment, and Other Materials. Except as specifically provided in



22

Exhibit B, Consultant shall, at its sole cost and expense, furnish all facilities, tools,

equipment, and other materials necessary for performing the Services pursuant to this

Agreement. The City shall furnish to Consultant only those facilities, tools, equipment, and

other materials specifically listed in Exhibit B, according to the terms and conditions set

forth in that exhibit.

1.3. Schedule of Services. Consultant shall perform the Services expeditiously and in

accordance with the Schedule of Services set forth in Exhibit C and any updates to the

Schedule of Services approved by the City. Time is of the essence in the performance of this

Agreement. Consultant’s failure to perform any Service required under this Agreement

within the time limits set forth in Exhibit C shall constitute a material breach of this

Agreement.

1.4. Term. The term of this Agreement shall begin on the date the City Council approves

this Agreement and shall expire upon completion of the Services or when terminated as

provided in Section 6.

2. PROJECT COORDINATION.

2.1. City’s Representative. The City hereby designates the City Manager to act as its

representative for the performance of this Agreement. The City Manager shall have the

power to act on behalf of the City for all purposes under this Agreement. The City Manager

hereby designates [INSERT NAME] as the “Project Manager,” who shall supervise the

progress and day-to-day performance of this Agreement.

2.2. Consultant’s Representative. Consultant hereby designates [INSERT NAME OR

TITLE], or his or her designee, to act as its representative for the performance of this

Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full

authority to represent and act on behalf of Consultant for all purposes under this Agreement.

The Consultant’s Representative shall supervise and direct the Services under this

Agreement, using his or her best skill and attention, and shall be responsible for all means,

methods, techniques, sequences, and procedures and for the satisfactory coordination of all



23

portions of the Services to be performed under this Agreement. Should the Consultant’s

Representative need to be substituted for any reason, the proposed new Consultant’s

Representative shall be subject to the prior written acceptance and approval of the Project

Manager. The Consultant shall not assign any representative to whom the City has a

reasonable objection.

2.3. Coordination of Services. Consultant agrees to work closely with City staff in the

performance of the Services and shall be available to City staff at all reasonable times.

3. RESPONSIBILITIES OF CONSULTANT.

3.1. Independent Contractor. The City retains Consultant on an independent contractor

basis and not as an employee. Consultant retains the right to perform similar or different

services for others during the term of this Agreement. Nor shall any additional personnel

performing the Services under this Agreement on behalf of Consultant be employees of the

City; such personnel shall at all times be under Consultant’s exclusive direction and control.

Consultant shall be entitled to no other benefits or compensation except as provided in this

Agreement.

3.2. Control and Payment of Subordinates. The Services shall be performed by

Consultant or under its supervision. Consultant will determine the means, methods, and

details of performing the Services subject to the requirements of this Agreement. Any

additional personnel performing the Services under this Agreement on behalf of Consultant

shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay

all wages, salaries, and other amounts due such personnel in connection with their

performance of Services under this Agreement and as required by law. Consultant shall be

responsible for all reports and obligations respecting such additional personnel, including,

but not limited to: social security taxes, income tax withholding, unemployment insurance,

disability insurance, and workers’ compensation insurance.

3.3. Conformance to Applicable Requirements. All services performed by Consultant

shall be subject to the Project Manager’s review and approval. Consultant shall furnish City



24

with every reasonable opportunity to determine that Consultant’s services are being

performed in accordance with this Agreement. The City’s review of Consultant’s services

shall not relieve Consultant of any of its obligations to fulfill this Agreement as prescribed.

3.4. Substitution of Key Personnel. Consultant has represented to the City that certain

key personnel will perform and coordinate the Services under this Agreement. Should one

or more of such personnel become unavailable, Consultant may substitute other personnel

of at least equal competence upon the City’s written approval. In the event that the City and

Consultant cannot agree as to the substitution of key personnel, the City shall be entitled to

terminate this Agreement for cause. The key personnel for performance of this Agreement

are as follows: [INSERT NAMES OF KEY PERSONNEL].

3.5. Licenses and Permits. Consultant represents that it, its employees and

subconsultants have all licenses, permits, qualifications and approvals of whatever nature

that are legally required to perform the Services, including a City of Davis Business License,

and that such licenses and approvals shall be maintained throughout the term of this

Agreement, at Consultant’s sole cost and expense.

3.6. Standard of Care; Performance of Employees. Consultant shall perform all Services

under this Agreement in a skillful and competent manner, consistent with the standards

generally recognized as being employed by professionals in the same discipline in the State

of California with experience performing services in connection with public works of

improvement similar in size, scope and complexity to the Project. Consultant represents and

maintains that it is skilled in the professional calling necessary to perform the Services.

Consultant warrants that all employees and subconsultants shall have sufficient skill and

experience to perform the Services assigned to them. Consultant shall perform, at its own

cost and expense and without reimbursement from the City, any services necessary to

correct errors or omissions which are caused by the Consultant’s failure to comply with the

standard of care provided for herein. Any employee of Consultant or its subconsultants who

is determined by the City to be uncooperative, incompetent, a threat to the adequate or

timely completion of the Project, a threat to the safety of persons or property, or any

employee who fails or refuses to perform the Services in a manner acceptable to the City,



25

shall be promptly removed from the Project by Consultant and shall not be re-employed to

perform any of the Services or to work on the Project.

3.7. Laws and Regulations. Consultant shall keep itself fully informed of and in

compliance with all local, state and federal laws, rules and regulations in any manner

affecting the performance of the Project or the Services, including all Cal/OSHA

requirements, and shall give all notices required by law. Consultant shall be liable for all

violations of such laws and regulations in connection with the Services. If Consultant

performs any work knowing it to be contrary to such laws, rules and regulations and without

giving written notice to the City, Consultant shall be solely responsible for all costs arising

therefrom. Consultant shall defend, indemnify and hold the City, its officials, directors,

officers, employees, and agents free and harmless, pursuant to the indemnification

provisions of this Agreement and in accordance with the language of Section 7.2, from any

claim or liability arising out of any failure or alleged failure to comply with such laws, rules

or regulations.

3.8. Labor Certification. By its signature hereunder, Consultant certifies that it is aware

of the provisions of Section 3700 of the California 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 agrees to comply with such provisions

before commencing the performance of the Services.

3.9. Non-Discrimination. No discrimination shall be made in the employment of persons

under this Agreement because of that person’s race, color, national origin, ancestry, religion,

age, marital status, disability, gender, sexual orientation, or place of birth.

3.10. Insurance.

3.10.1. Time for Compliance. Consultant shall not commence the performance of

Services under this Agreement until it has provided evidence satisfactory to the City that it

has secured all insurance required herein. In addition, Consultant shall not allow any

subconsultant to commence work on any subcontract until it has provided evidence



26

satisfactory to the City that the subconsultant has secured all insurance required herein.

Failure to provide and maintain all required insurance shall be grounds for the City to

terminate this Agreement for cause.

3.10.2. Minimum Requirements. Consultant shall, at its expense, procure and

maintain for the duration of this Agreement insurance against claims for injuries to persons

or damages to property which may arise from or in connection with the performance of this

Agreement by Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same

insurance for the duration of this Agreement. Such insurance shall meet at least the

following minimum levels of coverage:

3.10.2.1. Minimum Scope of Insurance. Coverage shall be at least as broad as the

latest version of the following: (a) General Liability: Insurance Services Office Commercial

General Liability coverage (occurrence form CG 0001); (b) Automobile Liability: Insurance

Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (c)

Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as

required by the State of California and Employer’s Liability Insurance.

3.10.2.2. Minimum Limits of Insurance. Consultant shall maintain limits no less

than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and

property damage. If Commercial General Liability Insurance or other form with general

aggregate limit is used including, but not limited to, form CG 2503, either the general

aggregate limit shall apply separately to this Agreement/location or the general aggregate

limit shall be twice the required occurrence limit; (b) Automobile Liability: $1,000,000 per

accident for bodily injury and property damage; and (c) Workers’ Compensation and

Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the

State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or

disease.

3.10.3. Professional Liability. Consultant shall procure and maintain, and require its

subconsultants to procure and maintain, for a period of five (5) years following completion



27

of the Project, errors and omissions liability insurance appropriate to their profession. Such

insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to

include contractual liability.

3.10.4. Insurance Endorsements. The insurance policies shall contain the following

provisions, or Consultant shall provide endorsements on forms supplied or approved by the

City to add the following provisions to the insurance policies:

3.10.4.1. General Liability. The general liability policy shall include or be

endorsed (amended) to state that: (a) the City, its directors, officials, officers, employees,

agents, and volunteers shall be covered as additional insureds with respect to the work or

operations performed by or on behalf of Consultant, including materials, parts or equipment

furnished in connection with such work; and (b) the insurance coverage shall be primary

insurance as respects the City, its directors, officials, officers, employees, agents, and

volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant’s

scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its

directors, officials, officers, employees, agents, and volunteers shall be excess of Consultant’s

insurance and shall not be called upon to contribute with it in any way.

3.10.4.2. Automobile Liability. The automobile liability policy shall include or be

endorsed (amended) to state that: (a) the City, its directors, officials, officers, employees,

agents, and volunteers shall be covered as additional insureds with respect to the ownership,

operation, maintenance, use, loading or unloading of any auto owned, leased, hired or

borrowed by Consultant or for which Consultant is responsible; and (b) the insurance

coverage shall be primary insurance as respects the City, its directors, officials, officers,

employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage

excess of Consultant’s scheduled underlying coverage. Any insurance or self-insurance

maintained by the City, its directors, officials, officers, employees, agents, and volunteers

shall be excess of Consultant’s insurance and shall not be called upon to contribute with it in

any way.

3.10.4.3. Workers’ Compensation and Employer’s Liability Coverage. The



28

insurer shall agree to waive all rights of subrogation against the City, its directors, officials,

officers, employees, agents, and volunteers for losses paid under the terms of the insurance

policy which arise from work performed by Consultant.

3.10.4.4. All Coverages. Each insurance policy required by this Agreement shall

be endorsed to state that: (a) coverage shall not be suspended, voided, reduced or canceled

except after thirty (30) days’ prior written notice by certified mail, return receipt requested,

has been given to the City; and (b) any failure to comply with reporting or other provisions

of the policies, including breaches of warranties, shall not affect coverage provided to the

City, its directors, officials, officers, employees, agents, and volunteers.

3.10.5. Separation of Insureds; No Special Limitations. All insurance required herein

shall contain standard separation of insureds provisions. In addition, such insurance shall

not contain any special limitations on the scope of protection afforded to the City, its

directors, officials, officers, employees, agents, and volunteers.

3.10.6. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured

retentions must be declared to and approved by the City. Consultant shall guarantee that, at

the option of the City, either: (a) the insurer shall reduce or eliminate such deductibles or

self-insured retentions as respects the City, its directors, officials, officers, employees, agents,

and volunteers; or (b) the Consultant shall procure a bond guaranteeing payment of losses

and related investigation costs, claims, and administrative and defense expenses.

3.10.7. Acceptability of Insurers. Insurance is to be placed with insurers with a

current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and

satisfactory to the City.

3.10.8. Verification of Coverage. Consultant shall furnish the City with original

certificates of insurance and endorsements effecting coverage required by this Agreement

on forms satisfactory to the City. The certificates and endorsements for each insurance

policy shall be signed by a person authorized by that insurer to bind coverage on its behalf,

and shall be on forms provided by the City if requested. All certificates and endorsements



29

must be received and approved by the City before work commences. The City reserves the

right to require complete, certified copies of all required insurance policies, at any time.

3.10.9. Reporting of Claims. Consultant shall report to the City, in addition to

Consultant’s insurer, any and all insurance claims submitted by Consultant in connection

with the Services under this Agreement.

3.11. Safety. Consultant shall execute and maintain its work so as to avoid injury or

damage to any person or property. In carrying out the Services, Consultant shall at all times

be in compliance with all applicable local, state and federal laws, rules and regulations, and

shall exercise all necessary precautions for the safety of employees appropriate to the nature

of the work and the conditions under which the work is to be performed. Safety precautions

as applicable shall include, but shall not be limited to: (a) adequate life protection and life

saving equipment and procedures; (b) instructions in accident prevention for all employees

and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang

planks, confined space procedures, trenching and shoring, equipment and other safety

devices, equipment and wearing apparel as are necessary or lawfully required to prevent

accidents or injuries; and (c) adequate facilities for the proper inspection and maintenance

of all safety measures.

3.12. Accounting Records. Consultant shall maintain complete and accurate records

with respect to all costs and expenses incurred under this Agreement. All such records shall

be clearly identifiable. Consultant shall allow a representative of the City during normal

business hours to examine, audit, and make transcripts or copies of such records and any

other documents created pursuant to this Agreement. Consultant shall allow inspection of

all work, data, documents, proceedings, and activities related to this Agreement for a period

of three (3) years from the date of final payment under this Agreement.

3.13. Use of Recycled Paper. Consultant shall comply with the City’s policy on the

use of recycled paper, as set forth in Exhibit E of this Agreement.

4. FEES AND PAYMENT.



30

4.1. Compensation. Consultant shall receive compensation, including authorized

reimbursements, for Services rendered under this Agreement at the rates set forth in Exhibit

D. The total compensation shall not exceed [INSERT WRITTEN DOLLAR AMOUNT]

($[INSERT NUMERICAL DOLLAR AMOUNT]) without written approval of the City Manager.

Extra Work may be authorized, as described below, and if authorized, will be compensated

at the rates and manner set forth in this Agreement.

4.2. Payment of Compensation. Consultant shall submit to the City a monthly itemized

statement which indicates tasks completed during the month, hours of services rendered by

Consultant during the month, and supplies provided during the month. The City shall, within

45 days of receiving such statement, review the statement and pay all approved charges

thereon.

4.3. City’s Right to Withhold Payment. The City reserves the right to withhold payment

from Consultant on account of Services not performed satisfactorily, delays in Consultant’s

performance of Services past the milestones established in the Schedule of Services (Exhibit

C), or other defaults hereunder. Consultant shall not stop or delay performance of Services

under this Agreement on account of payment disputes with the City, provided that the City

continues to make payment of undisputed amounts.

4.4. Payment Disputes. If the City disagrees with any portion of a billing, the City shall

promptly notify Consultant of the disagreement, and the City and Consultant shall attempt

to resolve the disagreement. The City’s payment of any amounts shall not constitute a waiver

of any disagreement and the City shall promptly pay all amounts not in dispute.

4.5. Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses

except as specifically set forth in Exhibit D.

4.6. Extra Work. At any time during the term of this Agreement, the City may request

that Consultant perform Extra Work. As used herein, “Extra Work” means any work which

is determined by the City to be necessary for the proper completion of the Project, but which

the parties did not reasonably anticipate would be necessary at the execution of this



31

Agreement. Consultant shall not perform, nor be compensated for, Extra Work without

written authorization from the City Manager.

4.7. Prevailing Wages. Consultant is aware of the requirements of California Labor Code

Section 1720, et seq., and 1770 et seq., as well as California Code of Regulations, Title 8,

Section 1600 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage

rates and the performance of other requirements on “public works” and “maintenance”

projects. If the Services are being performed as part of an applicable “public works” or

“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation

is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City

shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the

commencement of this Agreement. Consultant shall make available, to interested parties

upon request, copies of the prevailing rates of per diem wages for each craft, classification or

type of worker needed to execute the Services, and shall post copies at the Consultant’s

principal place of business and at the Project site. Consultant shall defend, indemnify and

hold the City, its elected officials, officers, employees and agents free and harmless pursuant

to the indemnification provisions of this Agreement and in accordance with the language of

Section 7.2, from any claim or liability arising out of any failure or alleged failure to comply

with the Prevailing Wage Laws.

4.8. Living Wage Ordinance.

4.8.1. Consultant agrees to comply with Davis Municipal Code Chapter 15.20, the City of

Davis Living Wage Ordinance. If Consultant employs six (6) or more employees, and receives

$25,000 or more from the City pursuant to this Agreement and any other contracts with the City

during a twelve month period, Consultant shall be required to provide all employees eligible under

Chapter 15.20 with the minimum compensation set forth in Davis Municipal Code section 15.20.060

during the term of this Agreement.

4.8.2. Prior to commencement of any work under this Agreement, Consultant and all

subconsultants that are subject to the requirements of Chapter 15.20 will provide certification in a



32

form satisfactory to the City that Consultant and subconsultants are providing all eligible

employees the minimum compensation required pursuant to Davis Municipal Code section

15.20.060. Additionally, prior to commencement of any work, Consultant shall notify in writing all

employees that are eligible for minimum compensation of their rights under Chapter 15.20.

4.8.3. Consultant shall maintain all records and documents necessary to establish whether

Consultant is subject to Chapter 15.20. If Consultant is subject to the requirements of Chapter

15.20, Consultant shall further be required to maintain monthly records of Consultant's employees,

including records showing the hourly rate paid to each employee, the amount paid by Consultant

for health benefits, if any, and the amount of days off provided per year for sick leave, vacation, or

personal necessity. The records described in this section shall be made available to the City upon

request. The failure to produce these records within three (3) business days following request by

the City shall be a default under this Agreement.

4.8.4. Consultant shall include the requirements of Chapter 15.20 in any and all

agreements with subconsultants hired to provide services pursuant to this Agreement. Any and all

subconsultants retained by Consultant to provide services pursuant to this Agreement that employ

six or more employees and receive $25,000 or more for services provided to the City pursuant to

this and any other City contracts during a 12 month period shall be required to comply with the

terms of Chapter 15.20. Failure by a subconsultant subject to the requirements of Chapter 15.20 to

comply with the terms of Chapter 15.20 shall constitute a default of the Consultant under this

Agreement.

5. SUSPENSION AND TERMINATION.

5.1. Suspension. The City may suspend this Agreement and Consultant’s performance of

the Services, wholly or in part, for such period as it deems necessary due to unfavorable

conditions or to the failure on the part of Consultant to perform any provision of this

Agreement. Consultant will be paid for satisfactory services performed through the date of



33

temporary suspension. In the event that Consultant’s services hereunder are delayed for a

period in excess of six (6) months due to causes beyond Consultant’s reasonable control,

Consultant’s compensation shall be subject to renegotiation.

5.2. Termination for Cause.

5.2.1. If Consultant at any time refuses or neglects to prosecute its services in a

timely fashion or in accordance with the Schedule of Services, or is adjudicated a bankrupt,

or commits any act of insolvency, or makes an assignment for the benefit of creditors without

the City’s consent, or fails to make prompt payment to persons furnishing labor, equipment,

materials or services, or fails in any respect to properly and diligently prosecute its services,

or otherwise fails to perform fully any and all of the agreements herein contained, Consultant

shall be in default.

5.2.2. If Consultant fails to cure the default within seven (7) days after written notice

thereof, the City may, at its sole option, take possession of any Documents & Data (as defined

in Section 7.1) or other materials (in paper and electronic form) prepared or used by

Consultant in connection with the Project and (1) provide any such work, labor, materials or

services as may be necessary to overcome the default and deduct the cost thereof from any

money then due or thereafter to become due to Consultant under this Agreement; or (2)

terminate Consultant’s right to proceed with this Agreement.

5.2.3. In the event the City elects to terminate, the City shall have the right to

immediate possession of all Documents & Data and work in progress prepared by

Consultant, whether located at the Project, at Consultant’s place of business, at the offices of

a subconsultant, or elsewhere and may employ any other person or persons to finish the

Services and provide the materials therefor. In case of such default termination, Consultant

shall not be entitled to receive any further payment under this Agreement until the Project

is completely finished. At that time, if the expenses incurred by the City in obtaining the

Services for the Project exceed such unpaid balance, then Consultant shall promptly pay to

the City the amount by which such expense exceeds the unpaid balance of the not-to-exceed

amount reflected in Section 4.1. The expense referred to in the previous sentence shall



34

include expenses incurred by the City in causing the Services called for under this Agreement

to be provided by others, for attorneys’ fees, and for any costs or damages sustained by the

City by reason of Consultant’s default or defective work.

5.3. Termination for Convenience.

5.3.1. In addition to the foregoing right to terminate for default, the City reserves the

absolute right to terminate this Agreement without cause, upon 72-hours’ written notice to

Consultant. In the event of termination without cause, Consultant shall be entitled to

payment in an amount not to exceed the not-to-exceed amount set forth in Section 4.1 which

shall be calculated as follows: (1) payment for Services then satisfactorily completed and

accepted by the City, plus (2) payment for Extra Work approved by the City Manager,

satisfactorily completed by Consultant and accepted by the City, plus (3) reimbursable

expenses actually incurred by Consultant, as provided for in Exhibit D and approved by the

City. The amount of any payment made to Consultant prior to the date of termination of this

Agreement shall be deduced from the amounts described in (1), (2), and (3) above.

Consultant shall not be entitled to any claim or lien against the City or the Project for any

additional compensation or damages in the event of such termination and payment. In

addition, the City’s right to withhold funds under Section 4.3 shall be applicable in the event

of a termination for convenience.

5.3.2. If this Agreement is terminated by the City for default and it is later

determined that the default termination was wrongful, such termination automatically shall

be converted to and treated as a termination for convenience under this Section and

Consultant shall be entitled to receive only the amounts payable hereunder in the event of a

termination for convenience.

6. OWNERSHIP OF MATERIALS AND CONFIDENTIALITY.

6.1. Documents and Data; Licensing of Intellectual Property. This Agreement creates a

fully paid up, exclusive and perpetual license for the City to copy, use, modify, reuse, or

sublicense any and all copyrights, designs, and other intellectual property embodied in or



35

arising from plans, specifications, studies, drawings, estimates, and other documents or

works of authorship fixed in any tangible medium of expression, including but not limited to,

physical drawings, designs, graphic representations and data, which are prepared or caused

to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents

& Data shall be and remain the property of the City, and shall not be used in whole or in

substantial part by Consultant on other projects without the City’s express written

permission. Within thirty (30) days following the completion, suspension, abandonment or

termination of this Agreement, or at any time upon five (5) days written notice, Consultant

shall provide to the City reproducible copies of all Documents & Data, in a form and quantity

requested by the City. The City reserves the right to select the method of document

reproduction and to establish where the reproduction will be accomplished. The

reproduction expense shall be borne by the City at the actual cost of duplication. In the event

of a dispute regarding the amount of compensation to which the Consultant is entitled under

the termination provisions of this Agreement, Consultant shall provide all Documents & Data

to the City upon payment of the undisputed amount. Consultant shall have no right to retain

or fail to provide to the City any such documents pending resolution of the dispute. In

addition, Consultant shall retain copies of all Documents & Data on file for a minimum of four

(4) years following completion of the Project or termination of this Agreement, whichever is

earlier, and shall make copies available to the City upon the payment of actual reasonable

duplication costs. Before destroying the Documents & Data following this retention period,

Consultant shall make a reasonable effort to notify the City and provide the City with the

opportunity to obtain the documents.

6.2. Subconsultants. Consultant shall require all subconsultants to agree in writing that

the City is granted a fully paid, non-exclusive and perpetual license for any Documents &

Data the subconsultant prepares under this Agreement. Consultant represents and warrants

that Consultant has the legal right to license any and all Documents & Data prepared by

Consultant or its subconsultants. Consultant makes no such representation and warranty in

regard to Documents & Data which were prepared by design professionals other than

Consultant or its subconsultants, or those provided to Consultant by the City.



36

6.3. Right to Use. The City shall not be limited in any way in its use or reuse of the

Documents & Data or any part of them at any time for purposes of this Project or another

project, provided that any such use not within the purposes intended by this Agreement or

on a project other than this Project without employing the services of Consultant shall be at

the City’s sole risk. If the City uses or reuses the Documents & Data on any project other than

this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify

and hold harmless Consultant and its officers, directors, agents and employees from claims

arising out of the negligent use or re-use of the Documents & Data on such other project.

Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms

of this Agreement, only with respect to the condition of the Documents & Data at the time

they are provided to the City upon completion, suspension, abandonment or termination.

Consultant shall not be responsible or liable for any revisions to the Documents & Data made

by any party other than Consultant, a party for whom the Consultant is legally responsible

or liable, or anyone approved by the Consultant.

6.4. Indemnification. Consultant shall defend, indemnify and hold the City, its directors,

officials, officers, employees, volunteers and agents free and harmless, pursuant to the

indemnification provisions of this Agreement and in accordance with the language of Section

7.2, for any alleged infringement of any patent, copyright, trade secret, trade name,

trademark, or any other proprietary right of any person or entity in consequence of the use

on the Project by the City of the Documents & Data, including any method, process, product,

or concept specified or depicted.

6.5. Confidentiality. All Documents & Data, either created by or provided to Consultant

in connection with the performance of this Agreement, shall be held confidential by

Consultant. All Documents & Data shall not, without the prior written consent of the City, be

used or reproduced by Consultant for any purposes other than the performance of the

Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents &

Data to any person or entity not connected with the performance of the Services or the

Project. Nothing furnished to Consultant that is otherwise known to Consultant or is

generally known, or has become known, to the related industry shall be deemed confidential.



37

Consultant shall not use the City’s name or insignia, photographs of the Project, or any

publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper,

television or radio production or other similar medium without the prior written consent of

the City.

7. OTHER PROVISIONS.

7.1. Assignment; Successors. Consultant shall not assign any of its rights nor transfer any

of its obligations under this Agreement without the prior written consent of the City. Any

attempt to so assign or so transfer without such consent shall be void and without legal effect

and shall constitute grounds for termination. All representations, covenants and warranties

set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties

hereto, shall be binding upon and inure to the benefit of such party, its successors and

assigns.

7.2. Indemnification.

7.2.1. Scope of Indemnity. To the fullest extent permitted by law (including, without

limitation, California Civil Code Sections 2782 and 2782.8), Consultant shall defend (with

legal counsel reasonably acceptable to the City) indemnify and hold harmless the City and its

officers, departments, officials, representatives, and employees (collectively “Indemnitees”)

from and against any and all claims, loss, cost, damage, injury (including, without limitation,

injury to or death of an employee of Consultant or its subconsultants), expense and liability

of every kind, nature and description (including, without limitation, fines, penalties, court

costs, attorneys fees, litigation expenses and fees of expert consultants or expert witnesses

incurred in connection therewith, and costs of investigation), that arise out of, pertain to, or

relate to the negligence, recklessness, or willful misconduct of Consultant, any subconsultant,

anyone directly or indirectly employed by them, or anyone that they control (collectively

“Liabilities”) in connection with the Project. Such obligations to defend, hold harmless and

to indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by

the sole negligence, active negligence, or willful misconduct of such Indemnitee.



38

7.2.2. Termination or Completion of Agreement. Neither termination of this

Agreement nor completion of the Services under this Agreement shall release Consultant

from its obligations under this Section 7.2, as long as the event giving rise to the claim, loss,

cost, damage, injury, expense or liability occurred prior to the effective date of any such

termination or completion.

7.2.3. Additional Indemnity Agreements. Consultant agrees to obtain executed

indemnity agreements with provisions identical to those set forth herein from each and

every subconsultant or any other person or entity involved by, for, with or on behalf of

Consultant in the performance of this Agreement. If Consultant fails to obtain such

indemnity obligations from others as required, Consultant shall be fully responsible for all

obligations under this Section 7.2. City’s failure to monitor compliance with this

requirement imposes no additional obligations on City and will in no way act as a waiver of

any rights hereunder.

7.2.4. Successors and Assigns. The obligation to indemnify and defend City as set

forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the

termination of this Agreement or this Section.

7.2.5. Compliance with Insurance Requirements. Consultant’s compliance with the

insurance requirements does not relieve Consultant from the obligations described in this

Section 7.2, which shall apply whether or not such insurance policies are applicable to a claim

or damages.

7.3. Consultant Not Agent. Except as the City may specify in writing, Consultant shall

have no authority, express or implied, to act on behalf of the City in any capacity whatsoever

as an agent. Consultant shall have no authority, express or implied, pursuant to this

Agreement to bind the City to any obligation whatsoever.

7.4. Governing Law; Government Code Claim Compliance. This Agreement shall be

governed by the laws of the State of California. Venue shall be in Yolo County. In addition to

any and all contract requirements pertaining to notices of and requests for compensation or



39

payment for extra work, disputed work, claims and/or changed conditions, Consultant must

comply with the claim procedures set forth in Government Code sections 900 et seq. prior to

filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit

based upon the Government Code claims shall be limited to those matters that remain

unresolved after all procedures pertaining to extra work, disputed work, claims, and/or

changed conditions have been followed by Consultant. If no such Government Code claim is

submitted, or if any prerequisite contractual requirements are not otherwise satisfied as

specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit

against the City.

7.5. Delivery of Notices. All notices permitted or required under this Agreement shall be

given to the respective parties at the following address, or at such other address as the

respective parties may provide in writing for this purpose:

Consultant: ______________________

______________________

______________________

Attn: __________________

City: City of Davis

23 Russell Boulevard

Davis, CA 95616

Attn: City Manager

Such notice shall be deemed made when personally delivered or when mailed, forty-eight

(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the

party at its applicable address. Actual notice shall be deemed adequate notice on the date

actual notice occurred, regardless of the method of service.

7.6. Incorporation by Reference. All exhibits referred to in this Agreement are attached

hereto and are by this reference incorporated herein.

7.7. City’s Right to Employ Other Consultants. The City reserves the right to employ other

consultants in connection with this Project.



40

7.8. Construction; References; Captions. The language of this Agreement shall be

construed simply, according to its fair meaning, and not strictly for or against any party. Any

term referencing time, days or period for performance shall be deemed calendar days and

not work days. All references to Consultant include all personnel, employees, agents, and

subconsultants of Consultant, except as otherwise specified in this Agreement. All references

to the City include its elected officials, officers, employees, agents, and volunteers except as

otherwise specified in this Agreement. The captions of the various sections and paragraphs

are for convenience and ease of reference only, and do not define, limit, augment, or describe

the scope, content or intent of this Agreement.

7.9. Amendment; Modification. No supplement, modification or amendment of this

Agreement shall be binding unless executed in writing and signed by both parties.

7.10. Waiver. No waiver of any default shall constitute a waiver of any other default

or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege,

or service voluntarily given or performed by a party shall give the other party any

contractual rights by custom, estoppel or otherwise.

7.11. No Third Party Beneficiaries. There are no intended third party beneficiaries

of any right or obligation assumed by the parties.

7.12. Invalidity; Severability. If any portion of this Agreement is declared invalid,

illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining

provisions shall continue in full force and effect.

7.13. Interest of Consultant. Consultant covenants that it presently has no interest,

and shall not acquire any interest, direct or indirect, financial or otherwise, which would

conflict in any manner or degree with the performance of the Services under this Agreement.

Consultant further covenants that, in the performance of this Agreement, no subconsultant

or person having such an interest shall be employed. Consultant certifies that no one who

has or will have any financial interest under this Agreement is an officer or employee of the

City.



41

7.14. Prohibited Interests. Consultant maintains and warrants that it has not

employed nor retained any company or person, other than a bona fide employee working

solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that

it has not paid nor has it agreed to pay any company or person, other than a bona fide

employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift

or other consideration contingent upon or resulting from the award or making of this

Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants

to file, a Statement of Economic Interest with the City Clerk as required under state law in

the performance of the Services. For breach or violation of this warranty, the City shall have

the right to rescind this Agreement without liability. For the term of this Agreement, no

member, officer or employee of the City, during the term of his or her service with the City,

shall have any direct interest in this Agreement, or obtain any present or anticipated material

benefit arising therefrom.

7.15. Cooperation; Further Acts. The parties shall fully cooperate with one another,

and shall take any additional acts or sign any additional documents as may be necessary,

appropriate or convenient to attain the purposes of this Agreement.

7.16. Attorneys’ Fees. If either party commences an action against the other party,

either legal, administrative or otherwise, arising out of or in connection with this Agreement,

the prevailing party in such litigation shall be entitled to have and recover from the losing

party reasonable attorneys’ fees and all other costs of such action.

7.17. Authority to Enter Agreement. Consultant has all requisite power and

authority to conduct its business and to execute, deliver, and perform this Agreement. Each

party warrants that the individuals who have signed this Agreement have the legal power,

right, and authority to make this Agreement and to bind each respective party.

7.18. Counterparts. This Agreement may be signed in counterparts, each of which

shall constitute an original.

7.19. Entirety of Agreement. This Agreement contains the entire agreement of the



42

City and Consultant with respect to the subject matter hereof, and no other agreement,

statement or promise made by any party, or to any employee, officer or agent of any party,

which is not contained in this Agreement, shall be binding or valid.

IN WITNESS WHEREOF, the City and Consultant have entered into this Agreement as of

the date first stated above.

CITY OF DAVIS CONSULTANT

By: _______________________ By: _______________________

Its: _______________________ Its: _______________________

Approved as to form:

__________________________

Inder Khalsa

City Attorney



43

EXHIBIT A

SCOPE OF SERVICES

[Describe services to be performed by Consultant.

Do not simply attach proposal.]



44

EXHIBIT B

FACILITIES, EQUIPMENT, AND OTHER MATERIALS PROVIDED BY CITY



45

EXHIBIT C

SCHEDULE OF SERVICES



46

EXHIBIT D

PAYMENT



47

EXHIBIT E

USE OF RECYCLED PAPER

All paper used for any reports that are required to be submitted under this Agreement shall

be produced on recycled paper conforming to the minimum content standards as specified

herein. All such reports shall have the front cover labeled in such a way as to clearly identify

that the report was produced on recycled paper. Where practicable, the pages of all such

reports shall be produced double-sided.

Definitions.

Postconsumer Material means only those paper products generated by a business or

consumer which have served their intended end uses, and which have been separated

or diverted from solid wastes for the purpose of collection, recycling, and disposition.

Recovered Paper Material means paper waste generated after the completion of a

papermaking process, such as postconsumer materials, envelope cuttings, bindery

trimmings, printing wastes, cutting and other converting wastes, butt rolls and mill

wrappers, obsolete inventories, and rejected unused stock. Recovered paper

material, however, shall not include fibrous wastes generated during the

manufacturing process such as fibers recovered from wastewater or trimmings of

paper machine rolls (mill broke), or fibrous byproducts of harvesting, extractive or

woodcutting processes, or forest residues such as bark.

Minimum Content Standard. The following categories of paper must contain the

minimum percentages of material listed under both “Recovered Material” and

“Postconsumer Material” included within the total “Recovered Material” percentage.

When utilizing a category of paper not listed below, the paper shall contain the

highest percentage of recycled paper available.

Paper Category Minimum Percentage

of “Recovered

Material”

Minimum Percentage of

“Postconsumer

Material”

High-speed 50 10



48

Xerographic

Bond Paper 50 10

Cover Stock 50 10

Envelopes 50 10



49

ATTACHMENT 3

REQUIRED LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBITS

Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal

EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS

(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark-ups are Not Allowed ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant

Consultant __________________________________________________________

Project No. _______________________ Contract No. ____________________ Date ____________________

DIRECT LABOR

Classification/Title Name Hours Actual Hourly Rate Total

____________________________ ____________________________ ____________________________ ____________________________

________ ________ ________ ________

LABOR COSTS a) Subtotal Direct Labor Costs

b) Anticipated Salary Increases (see page 2 for calculation)

_______________

_______________

c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________INDIRECT COSTS d) Fringe Benefits (Rate: _____ )f) Overhead (Rate: _____ )

e) Total Fringe Benefits [(c) x (d)] _______________g) Overhead [(c) x (f)] _______________

h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h)] _______________

FIXED FEE

j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________

k) TOTAL FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________

l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary)Description of Item Quantity Unit Unit Cost Total

l) TOTAL OTHER DIRECT COSTS

m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary)Subconsultant 1:Subconsultant 2: Subconsultant 3: Subconsultant 4:

m) TOTAL SUBCONSULTANTS’ COSTS

n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________

TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES: 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.2. 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.3. Anticipated salary increases calculation (page 2) must accompany.

Page 1 of 9 January 2020

Local Assistance Procedures Manual EXHIBIT 1 0-H1 Cost Proposal

EXHIBIT 10-H 1 COST PROPOSAL Page 2 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS

(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)

Direct Labor Total Hours per Avg 5Year Subtotal per Cost Cost Proposal Hourly Contract

Proposal Rate Duration

= $250,000.00 500 $50.00 Year 1 Avg Hourly Rate

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

Avg Hourly Rate Proposed Escalation

Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate

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

Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year

Year 1 20.0% 5000 = 1000 Estimated Hours Year 1 Year 2 400% 5000 = 2000 Estimated Hours Year 2 Year 3 15.0% 5000 = 750 Estimated Hours Year 3 Year 4 15.0% 5000 = 750 Estimated Hours Year 4 Years 100% 5000 = 500 Estimated Hours Year 5

Total 100% Total = 5000

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)

Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year

Year 1 $50.00 1000 $50,000.00 Estimated Hours Year 1 = Year 2 $51.00 2000 $102,000.00 Estimated Hours Year 2 = Year 3 $52.02 750 $39,015.00 Estimated Hours Year 3 = Year 4 $53.06 750 $39,795.30 Estimated Hours Year 4 = Years $54.12 500 = $27,060.80 Estimated Hours Year 5

Total Direct Labor Cost with Escalation $257,871.10 = Direct Labor Subtotal before Escalation = $250,000.00

Estimated total of Direct Labor Salary Transfer to Page 1 = Increase $7,871.10

NOTES: 1. 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.

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

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.4. Calculations for anticipated salary escalation must be provided.


https://7,871.10

https://250,000.00

https://257,871.10

https://27,060.80

https://39,795.30

https://39,015.00

https://102,000.00

https://50,000.00

https://250,000.00

https://7,871.10

https://250,000.00

https://257,871.10

https://27,060.80

https://39,795.30

https://39,015.00

https://102,000.00

https://50,000.00

https://250,000.00

https://7,871.10

https://250,000.00

https://257,871.10

https://27,060.80

https://39,795.30

https://39,015.00

https://102,000.00

https://50,000.00

https://250,000.00

https://7,871.10

https://250,000.00

https://257,871.10

https://27,060.80

https://39,795.30

https://39,015.00

https://102,000.00

https://50,000.00

https://250,000.00

_


EXHIBIT 10-H 1 COST PROPOSAL Page 3 of 3

Certification of Direct Costs:

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 Procedures

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 noncom pliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*:

Signature: _ _ _ _ _ _ ____ __ __ _ _ _ Date of Certification {mm/dd/yyyy): _

Email: ______ ______ __ _ Phone Number:

Address: ________________________________ _

*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.

List services the consultant is providinq under the proposed contract:


https://www.gpo.gov/fdsys/pkg/USCODE-2011-title23/pdf/USCODE-2011-title23-chap1-sec112.pdf

http://www.ecfr.gov/cgi-bin/text-idx?SID=7d7984e723af183358e1cb797a78877f&mc=true&node=sp48.1.31.31_12&rgn=div6

http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=23:1.0.1.2.3


EXHIBIT 10-H2 COST PROPOSAL Page 1 of3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)

(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)

Note: Mark-ups are Not Allowed

Consultant _________________ _ D Prime Consultant D Subconsultant D 2nd Tier Subconsultant

Project No. _________ _ Contract No. - - - - - - --

Participation Amount $ ________ _ Date - - --

For Combined Rate Fringe Benefit% + General &Administrative% = Combined ICR%

OR For Home Office Rate

Fringe Benefit % + General &Administrative% = Home Office ICR%

For Field Office Rate Frinqe Benefit % + General &Administrative% = Field Office ICR%

= Fee %

BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification 1 Hourly Billing Rates2

Straight3 OT(1.5x) OT(2x) Effective Date of Hourly Rate

From To Actual or Avg. Hourly Rate4

% or$ Increase

Hourly Range -for Classifications Only

John Doe - Project Manager* Civil Engineer II

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

01/01/2016 01/01/2017 01/01/2018

12/31/2016 12/31/2017 12/31/2018

$0.00 $0.00 $0.00

0.0% 0.0%

Not Applicable

Sue Jones- Construction Engineeri1nspector Engineer I

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

01/01/2016 01/01/2017 01/01/2018

12/31/2016 12/31/2017 12/31/2018

$0.00 $0.00 $0.00

0.0% 0.0%

Not Applicable

Buddy Black - Claims Engineer Engineer Ill

Land Surveyor **

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

01/01/2016 01/01/2017 01/01/2018

01/01/2016 01/01/2017 01/01/2018

12/31/2016 12/31/2017 12/31/2018

12/31/2016 12/31/2017 12/31/2018

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

0.0% 0.0%

0.0% 0.0%

Not Applicable

$00-$00 $00-$00 $00-$00

Technician $0.00 $0.00 $0.00

$0.00 $0.00 $0.00

$0.00 $0.00 $0.00

01/01/2016 01/01/2017 01/01/2018

12/31/2016 12/31/2017 12/31/2018

$0.00 $0.00 $0.00

0.0% 0.0%

$00-$00 $00-$00 $00-$00

(Add pages as necessary)



NOTES: 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.2. The cost proposal format shall not be amended.3. Billing rate= actual hourly rate * (1 + ICR) * (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting

period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

EXHIBIT 10-H2 COST PROPOSAL Page2ot3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)

(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)

Consultant __________________ _ □ Prime Consultant □ Subconsultant

Project No. __________ _ Contract No. -----------

Date ________ _

SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total

Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: Subconsultant 5:

Note: Add additional pages if necessary.

NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.2. Proposed ODC items should be consistently billed regardless of client and contract type.3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.



7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimedshould be supported by mileage logs.

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do notown any vehicles that could be used for the same purpose.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.10. Add additional pages if necessary.11. Subconsultants must provide their own cost proposals.





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:

7. Generally Accepted Accounting Principles (GAAP)




11. 23 Code of Federal Regulations Part 172 - Procurement, Management, andAdministration of Engineering and Design Related Service

12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (whenapplicable)

All costs must be applied consistently and fair1y 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.


Name: ______________ _ Title*: ______________ _

Signature: _____________ _ Date of Certification (mm/dd/yyyy):

Email: ______________ _ Phone Number: ___________ _

Address: ________________________________ _

* An individual executive or financial officer of the consultant's or subconsultant's organization ata level no lower than a Vice President or a Chief Financial Officer, or equivalent, who hasauthority to represent the financial information utilized to establish the cost proposal for thecontract.

List services the consultant is providing under the proposed contract:





https://www.gpo.gov/fdsys/pkg/CFR-2010-title48-vol7/xml/CFR-2010-title48-vol7-part9904.xml

Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal

EXHIBIT 10-HJ COST PROPOSAL Page 1 of 2

COST PER UNIT OF WORK CONTRACTS

(GEOTECHNICAL AND MATERIAL TESTING)

Note: Mark-ups are Not Allowed □ Prime Consultant □ Subconsultant □ 2nd Tier Subconsultant

Consultant __________________ _

Project No. _________ _ Contract No. ---------

Date - - - - - --

Unit/Item of Work: (Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study} Include as many Items as necessary.

DIRECT LABOR Hours Billing Hourly Rate {$) Total{$)

Professional {Classification)*

Sub-professional/Technical**

EQUIPMENT 1 {with Operator)

EQUIPMENT 2 {with Operator)

Consultant's Other Direct Costs (ODC)- Itemize:

Description of Item Quantity Unit Unit Cost Total

Subconsultant 1: Subconsultant 2: Subconsultant 3: Subconsultant 4: Subconsultant 5:

Nole: Attach addtllonal pages if necessary.

TOTAL COST PER UNIT OF WORK

NOTES:

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. The cost proposal format shall not be amended.

2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged toall clients (Commercial, Private or Public).

3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items.4. ODC items shall be based on actual costs and supported by historical data and other documentation.5. ODC items that would be considered "tools of the trade' are not reimbursable.6. Billing Hourly Rates must be actual, allowable, and reasonable.


_ _

Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal



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:

13. Generally Accepted Accounting Principles {GAAP)




17. 23 Code of Federal Regulations Part 172 - Procurement, Management, andAdministration of Engineering and Design Related Service

18. 48 Code of Federal Regulation Part 9904 - Cost Accounting Standards Board {whenapplicable)

All costs must be applied consistently and fair1y 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.


Name: ______________ _ Title*: ______________ _

Signature: _____________ _ Date of Certification {mm/dd/yyyy...._: _ _ _ __

Email: ______________ Phone Number,_,_: _ _ _ _ _ _ _ _ _ __

Address: ________________________________ _

* An individual executive or financial officer of the consultant's or subconsultant's organization ata level no lower than a Vice President or a Chief Financial Officer, or equivalent, who hasauthority to represent the financial information utilized to establish the cost proposal for thecontract.

List services the consultant is providinq under the proposed contract:





https://www.gpo.gov/fdsys/pkg/CFR-2010-title48-vol7/xml/CFR-2010-title48-vol7-part9904.xml

I

Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information

EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION

(Federally funded projects only)

The Agency has established a DBE goal for this Contract of _____

1.

2.

3.

4.

TERMS AS USED IN THIS DOCUMENT

• The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concernowned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49,Code of Federal Regulations (CFR), Part 26.5.

• The term "Agreement" also means "Contract."

• Agency also means the local entity entering into this contract with the Contractor or Consultant.

• The term "Small Business" or "SB" is as defined in 49 CFR 26.65.

AUTHORITY AND RESPONSIBILITY

A. DBEs and other small businesses are strongly encouraged to participate in the performance ofContracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation byDisadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").The Consultant must ensure that DBEs and other small businesses have the opportunity to participate inthe performance of the work that is the subject of this solicitation and should take all necessary andreasonable steps for this assurance. The proposer must not discriminate on the basis of race, color,national origin, or sex in the award and performance of subcontracts.

B. Proposers are encouraged to use services offered by financial institutions owned and controlled byDBEs.

SUBMISSION OF DBE INFORMATION

If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation shall be collected and reported.

Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.

DBE PARTICIPATION GENERAL INFORMATION

It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through theCalifornia Unified Certification Program (CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendorof material or supplies, or as a trucking company.

C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or acombination of the following:

1. The proposer is a DBE and will meet the goal by performing work with its own forces.

2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers ortrucking companies.

3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.


Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information

D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.

G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.

5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.

If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website

1. Click on the link titled Disadvantaged Business Enterprise;

2. Click on Search for a DBE Firm link;

3. Click on Access to the DBE Query Form located on the first line in the center of the page.

Searches can be performed by one or more criteria. Follow instructions on the screen.

6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING

CONDITIONS:

A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.

C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.


https://dot.ca.gov/programs/civil-rights/dbe-search

Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System

EXHIBIT 10-KCONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM

(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.)

Consultant’s Full Legal Name:

Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.

Indirect Cost Rate:

Combined Rate % OR

Home Office Rate % and Field Office Rate (if applicable) %

Facilities Capital Cost of Money % (if applicable)

Fiscal period *

* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.

I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:

• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31);

• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;

• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.

• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.

I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System:

Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.

Our financial management system has the following attributes: • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost

Page 1 of 2 March 2018




http://www.ecfr.gov/cgi-bin/text-idx?SID=b8749fb13568a3bf9cb7c79387c80628&amp%3Bmc=true&amp%3Bnode=se48.1.31_1201_62&amp%3Brgn=div8



Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System

accounts;

• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement

Cost Reimbursements on Contracts:

I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:

• Sanctions and Penalties - 23 CFR Part 172.11(c)(4) • False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031

All A&E Contract Information: • Total participation amount $___________________ on all State and FAHP contracts for Architectural &

Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is . • Years of consultant’s experience with 48 CFR Part 31 is . • Audit history of the consultant’s current and prior years (if applicable)

☐ Cognizant ICR Audit ☐ Local Gov’t ICR Audit □ Caltrans ICR Audit ☐ Federal Gov’t ICR Audit ☐ CPA ICR Audit

I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.

Name**: _ Title**:

Signature: Date of Certification (mm/dd/yyyy):

Email**: Phone Number**:

**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms. Caltrans will not process local agency’s invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations.

Distribution: 1) Original - Local Agency Project File 2) Copy - Consultant 3) Copy - Caltrans Audits and Investigations

Page 2 of 2 March 2018

http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&amp%3Bnode=23%3A1.0.1.2.3&amp%3Bse23.1.172_111

http://www.justice.gov/sites/default/files/civil/legacy/2011/04/22/C-FRAUDS_FCA_Primer.pdf

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap47-sec1001.pdf

https://www.gpo.gov/fdsys/pkg/USCODE-2010-title18/pdf/USCODE-2010-title18-partI-chap47-sec1031.pdf


http://www.ecfr.gov/cgi-bin/text-idx?SID=7d7984e723af183358e1cb797a78877f&amp%3Bmc=true&amp%3Bnode=sp48.1.31.31_12&amp%3Brgn=div6

http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&amp%3Bnode=23%3A1.0.1.2.3

Local Assistance Procedures Manual EXHIBIT 10-U Consultant Management Conflict of Interest Statement

EXHIBIT 10-U CONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND1CONFIDENTIALITY STATEMENT

RFP/RFQ PROCUREMENT NUMBERS (if applicable):

PROJECT NAME (and FPN, if applicable)2:

APPLICABILITY: To be filled out by local agency consultants in management support role.

□ I am an employee of a consultant under contract to the local agency that is responsible for the

procuring and administering of one or more consultant contracts containing either Federal or

State funds.

□ I am in a management position with the local agency, my title is listed below and I have

attached my duty statement and scope of work.

□ I hereby certify as follows:

1. I recuse myself from all potential conflicts of interest.

2. I will not directly or indirectly participate in, manage, or oversee any consultant

selection procurement process in which the consulting firm of which I am employed is

competing as a consultant or subconsultant.

3. I will not directly or indirectly influence any employee, staff member, or other

individual participating in any consultant selection procurement process in which the

consulting firm of which I am employed is as a consultant or subconsultant.

4. I will not directly or indirectly participate in, manage, or oversee any local agency

contract that is with the consulting firm of which I am employed, regardless of whether

the involvement of my employer in the contract is as a consultant or subconsultant.

Among other things, this includes my not being involved in approving changes in the

schedule, scope, deliverables or invoices.

5. I understand that if I am involved in any local agency contract that is with the consulting

firm of which I am employed, in violation of 1. or 2. above, that local agency contract

will no longer be eligible for Federal or State reimbursement because of my

involvement.

□ I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5)

□ I fully understand that it is unlawful for a person to utilize any organization name (i.e. local

agency) or auxiliary organization information, which is not a matter of public record, for

personal gain.

1 Each consultant staff working in a management support role shall complete a separate form. 2 For on-call contracts or contracts for multiple projects, indicate accordingly.

Page 1 of 3

January 2018


□ I have read and fully understand all of the above.

Date: __________________ Signature: ________________________________________

Name: ___________________________________________

Title: ____________________________________________

Consultant Firm/Sole Proprietor: _____________________________

REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY

REPRESENTATIVE

I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and will ensure:

□ That the foregoing named local agency consultant who is under contract and in a managementsupport role with our local agency, abides by the foregoing terms and conditions;

□ That should the foregoing named local agency consultant, who is under contract and in amanagement support role with our local agency, violate any of the foregoing terms andconditions, the Caltrans DLAE will be notified and such violation will be considered a breachof ethics and could be a basis for ineligibility of State or Federal project funds.

□ The procedures followed to procure and execute the contract, between the local agency and the

consulting firm of which I am employed, comply with all federal and state requirements. Also

this contract has a specific date from to .

Date: __________________ Signature: ________________________________________

Name: ___________________________________________

Title: ____________________________________________

Department/Local Agency: _____________________________

Page 2 of 3

January 2018


REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS

I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and supervisor’s statement.

□ I concur that the consultant, who is under contract and in a management support role with the local agency, does not appear to present a conflict of interest. The local agency and the consultant should be considered eligible for federal reimbursement.

□ I do not concur as I believe that the consultant, who is under contract and in a management support role with the local agency, does appear to present a conflict of interest.

Date: __________________ Signature: _________________________________

Name: ____________________________________

Position: __________________________________

Distribution: 1) Copy to: DLAE for each Federal/State funded project 2) Copy to be returned to Local Agency by DLAE with FHWA approval

Page 3 of 3

January 2018



50

ATTACHMENT 4

ELEMENT 1 & 8 – SACOG APPLICATION AND EXHIBIT

2021 REGIONAL PROGRAMMAINTENANCE & MODERNIZATION CATEGORY

APPLICATION

Project BackgroundProject Title Anderson Road-Chavez Elementary School Improvements

Lead Agency City of Davis

SACOG ID number (if available) YOL19401

Is this a phase of a largerproject? If so, which project?

This is Phase 1 of corridor improvements along Anderson Roadbetween Russell Boulevard and Covell Boulevard

Project DescriptionProvide a 1-2 sentence description of your project, following the guideline instructions.

Complete streets improvement project in Davis, on Anderson Road between Villanova Drive andAmherst Drive: separated bicycle facilities, frontage improvements, on-site improvements for loadingactivity and parking at Cesar Chavez Elementary School, intersection safety improvements at VillanovaDrive and Rutgers Road, transit stop improvements, and on street parking construction andlandscaping at Redwood Park adjacent to the southern Cesar Chavez Elementary School Driveway.

Lead Agency Contact Information

Name Brian Abbanat

Position Senior Transportation Planner

Agency City of Davis

Phone 530-757-5686 x7301

E-mail [email protected]

Partner Agencies (if applicable)

AgencyName

Davis Joint Unified School District (DJUSD)

Project Funding Request (round costs to the nearest thousand dollars)

SACOG funding request $3,090,000

Total project cost $3,490,000

Sacramento Area Council of Governments 2021 Regional ProgramMaintenance & Modernization Application

1

Project Screening Criteria Yes No

Is your project listed in the 2020 MTP/SCS project list or in a lump sum projectcategory? x

Is your project a non- vehicle expansion transportation project that is exempt from aregional air quality conformity analysis? x

Is your project federal-aid eligible and able to use CMAQ, RSTP, and/or STIP funding? x

If you are a special district (e.g., air districts, JPAs, transportation managementassociations), have you coordinated with a local jurisdiction during the consultationphase and in setting priority rankings?

x

Does your funding request include a minimum of 11.47% match in non-federal funds? x

If yes to the above question, leave this checkbox blank. If no to the above question, doesthe project serve a disadvantaged community and are you are requesting to waive thematch requirement? (if so, please remember to include the supplemental match waiversection as part of your application packet)

Is the project’s construction phase (or transit vehicle procurement) in an exempt grouplisting or ready to be programmed into the MTIP to occur no later than June 2025? x

If you are applying for construction funding, can you demonstrate that theenvironmental, engineering, and right-of-way phases are reasonably estimated in theapplication materials?

x

If you are applying for construction funding, can you demonstrate financial ability forongoing operations and maintenance and the ability to cover cost overruns? x

If you are requesting project development funding, can you demonstrate that theproject is listed in the 2020 MTP/SCS (or included in a lump-sum project category) forcompletion within the next 10 years?

x


2

Evaluation & Performance Selection CriteriaProject Sponsor PrioritiesPlease be sure you include the Sponsor Priority Ranking Table (application element #6) either in thesubmittal of your highest ranked application or directly to the SACOG program coordinator (i.e., you donot need to include the table with every application, just once). The program guidelines give moreinformation on how to fill out this exhibit.

Asset Condition and Use (State of Good Repair)Maintenance Needs

· If your project consists of road rehab/operations or bike/ped elements but not transit vehiclereplacement, only answer the following road rehabilitation data indicators and questions.

· If your project request is exclusively for transit vehicle replacement, only answer the followingtransit replacement vehicle data indicators and questions.

· If your project includes both road rehabilitation and transit replacement vehicle elements,answer both sets of questions.

Table 1: Road Rehabilitation Needs & NarrativeData

What is the Pavement Condition Index (PCI) of the road segment proposed for funding?If you have different PCIs for different segments, use your best estimate of average PCI.

70

What is the average daily traffic (ADT) on the road segment proposed for funding? 10,800

What is the average multimodal daily volumes on the segment proposed for funding?(optional indicator)

2,172Bicycles, 100 Buses

What is the age of the ITS infrastructure requested for replacement? (optional indicator) N/A

Table 2: Transit Replacement Vehicle Replacement Needs & NarrativeDataWhat percentage of your agency’s fleet exceeds the FTA’s default useful lifebenchmark?

N/A

What is the average mileage of the vehicles you are requesting to replace? N/A

Narrative Question for a funding request involving a construction phase or transit vehicle purchase:

For Roadway or Bike/Ped Facility: How are the proposed design elements/treatments the besttreatments to preserve and extend the life of the facility? (Suggested length: 2-3 paragraphs.)

or

For Transit Replacement Vehicles: How did you define your vehicle replacement funding request?Please describe factors such as ridership over the last five years, anticipated future transit service, and/


3

or amount of agency reserves available for capital expenditures that led to your request. (Suggestedlength: 2-3 paragraphs.)

The key goals for the Anderson Road-Cesar Chavez Elementary School (Chavez ES) Improvementproject is to improve overall safety, reduce conflicts between multiple modes of transportation, andimprove the safety and organization at the pick-up/drop-off location at Chavez ES. The proposeddesign elements were vetted through an iterative process involving detailed planning and communityoutreach. Beginning in 2014 with the City of Davis’ completion of the Walk Bike Audit Report, whichaddressed elementary schools within the City, Chavez ES was ranked the highest priority for safetyimprovements. In 2017-2018, the City completed a comprehensive streetscape improvement planwhich included extensive community outreach and established a long-term street design vision forAnderson Road between Covell Boulevard and Russell Boulevard. Stemming from this plan, the Cityof Davis partnered with the Davis Joint Unified School District (DJUSD) to address the improvementson Anderson Road between Villanova Drive and Amherst Drive as Phase I. The project was reviewedwith the public virtually through a recorded workshop July 22-August 7, 2020; a live virtual communityworkshop and Recreation and Park Commission meeting in September; a Bicycling, Transportationand Street Safety Commission; and City Council meetings in October.

From the north of the corridor at the intersection of Villanova Drive, the project will relocate theexisting merge lane just south of Radcliff Drive, north of the project area. Near the intersection ofAnderson Road and Villanova Drive, bus boarding islands will be installed to reduce conflicts betweenbuses and bicycles. Low impact corner treatments at Villanova Road, would be installed withtemporary treatments with surface treatments like paint, and plastic delineators to serve as a pilotproject. These treatments will help separate turning conflicts between bicycles, pedestrians andvehicles, allowing left and right turning vehicles to yield to the crossing when there is overlap withsignal phasing. When the entire corridor is constructed, lessons learned from this temporaryapplication and create permanent intersection treatments.

The other significant treatment for the project is the relocation of the on-street drop-off and pick-upfor Chavez ES to the school parking lot. A new west leg into Chavez ES’ parking lot will be added tothe Rutgers Drive intersection as ingress only. The parking lot will be one-way with angled parkingand a drop-off/pick-up at the school frontage. Staff parking will be relocated to Anderson Road with aspecial neighborhood permitting process. The Class II buffered bicycle lane will be between the curband the staff parking on Anderson Road, which will have a special permitting process. Furthermore,additional staff parking located south of the southern Chavez ES driveway, will be provided through aDJUSD/City agreement with Redwood Park. The intersection of Rutgers Drive will have a newnorthbound left turn pocket to separate conflicting movements with turning vehicles and bicycles andpedestrians. Southbound, a new right turn pocket to access Chavez ES will operate with a non-conventional bike signal to separate the movements, so when it is not during the school peaks,southbound vehicles and bicycles can operate simultaneously and right-turning vehicles will get theirown signal phase to separate conflicts out. Finally, this intersection will operate with a scramble phasewhere all four legs can cross simultaneously to limit conflict with turning vehicles.

The design treatments are operationally feasible, with minimal impact to vehicle congestion, whileproviding for, as well as encourage, transit, walking and bicycle use. Several conceptual options wereprovided and reduced to these particular design elements that were thoroughly analyzed andreviewed by the City of Davis, DJUSD, and the neighboring community. Furthermore, theseenhancements will encourage bicycle and walking for all abilities along the corridor.


4

Narrative Question for a funding request involving a Project Development (Environmental, Design,ROW) phaseHow will this award help complete a phase of technical work? (e.g., completes environmental,preliminary engineering, etc.) What funding sources (e.g., local/ regional/state/federal) have youidentified as a promising strategy to fund the construction phase of your project? (Suggested length: 2-3paragraphs)

The Anderson Road-Chavez Improvement Project went through an extensive planning process since2014 with the completion of the City of Davis Walk Bike Audit Report, 2018 Anderson RoadStreetscape Planning & Outreach, and this Phase 1 project, which included planning, high level,detailed conceptual design and analysis. This considerable effort has expended approximately$145,000 from the City of Davis General Fund. There is a strong commitment to complete aroadway improvement project on this corridor, with this project as the inaugural beneficiary ifawarded.

With the City of Davis’ partnership with the Davis Joint Unified School District (DJUSD), the projectwill be able to contribute the 11.47% local match contribution of approximately $390,000. Of thatcontribution, approximately 18% will be programmed towards detailed design and engineering. Theremaining amount of the local match will be dedicated to construction related costs.

Further strides to ensure the project is complete is the inclusion of the Anderson RoadImprovements corridor in 2020 Metropolitan Transportation Plan/Sustainable Communities Strategywith a focus on Anderson Road-Chavez ES Phase 1 project as a priority project for the corridor.

Cost-EffectivenessBring in the cost effectiveness calculation completed as part of application element #5. In preparing theinputs, use your best available estimates. We recognize the level of estimates may vary based on theproject’s stage. Planning level estimates are acceptable. Section 2.5 of the program guidelines givesmore information on the cost effectiveness calculation.

Table 3: Project Cost-Effectiveness Inputs

Daily Travel (ADT or transit boardings) 11,000

Annualization Factor 365

Project Cost $3,490,000

Useful Life Estimate (years) 15

Table 4: Project Cost-Effectiveness Calculation

Cost Effectiveness Calculation = (daily travel x annualization factor) / (project cost/ useful lifeestimate)

17


5

Modernization BenefitsDescribe the project modernization benefits in the context of up to two of the following outcomes (i.e.,choose to respond to one or two of the following outcomes):

☐ 1. Reduce regional vehicle miles travelled (VMT) and/or greenhouse gases (GHG)

☒ 2. Increase multi-modal travel/alternative travel/choice of transportation options

☐ 3. Provide long-term economic benefit within the region

☐ 4. Improve goods movement

☒ 5. Improve safety and security

Projects will be evaluated on the selected outcome(s). The PPA data table will give quantitativeindicators for the outcome(s). (Suggested length: 4-5 paragraphs.)

The 2020 SACOG Project Performance Assessment tool (PPA) was reviewed with the two keyoutcomes improve safety and security and increase multi-modal travel. The Regional Program toolwas utilized, inputting the project segment along Anderson Road between Villanova Drive andAmherst Drive, 11,000 Average Daily Traffic, 70 Pavement Conditions Index (PCI), and 30 miles perhour speed limit. In addition to the vehicles, 2,100 bicyclists and over 100 buses travelling along thecorridor per day. These indicators, along with current statistics, show that Anderson Road is a multi-modal street, however, based on safety, operations analysis and community input, the plannedimprovements can enhance the roadway and encourage all ability of bicyclists to travel along thecorridor, as well as provide facilities for pedestrians to access transit stops and Chavez ES. The PPAprovides several indicators per benefit. The applicable indicators are applied to the project.

Per the PPA Safety Benefit, the Safety Indicator 3 compares fatalities and bicycle and pedestrianinvolvement in the project area with community type and region. The data provided is equivalent tothe City’s finding of 56% of collisions involve bicycles and pedestrians, which is a larger than thecommunity and region, which is 13% and 12% respectively. Safety Indicator 1 shows 9 collisionsbetween 2014-2018. The posted speed limit in the corridor is 30 mph, however the average speed is32 mph, and the 80th percentile speed is 36 mph. This is considerably high for a roadway that hasresidential homes and an elementary school fronting the roadway. The Anderson Road segment,between Russell Bouelvard and Covell Boulevard, was ranked third highest ranked in collisionscitywide. In the project corridor, Anderson Road at Villanova Drive has a higher density of collisions.The level of traffic stress (LTS) for bicyclists measured between one to four, with one being the mostcomfortable and four the least comfortable. Anderson Road’s LTS is ranked as three. Other riskfactors include the wide travel lanes that encourage higher speeds, long crossing distances, winderintersections corner radii encouraging higher turning speeds, and single family homes frontingAnderson Road. Common to the roadway, there are conflicts between bicyclists and buses weaving,or leap-frogging, where buses have to cross the bike lane for a pick up at the curb in the southbounddirection near Villanova Road. A similar situation of conflicts between cars and bicyclists on AndersonRoad near Rutgers Drive as students are dropped-off and picked-up at the curb and cars are weavingand merging onto Anderson Road. Rutgers Drive also experiences conflicts with parents/caregiversparking along Rutgers and crossing Anderson Road to drop off, toggling between the turningmovements to access the school.


6

Per the PPA Multimodal Benefit, Indicator 1, Street Connectivity, the project corridor has 0.23intersections per acre within a 0.25 miles of the project compared to the community type at 0.12intersections and region at 0.01 intersections. Indicator 3, Transit Activity, shows that the project has20.16 stops per acre, compared to the community type at 0.53 stops per acre, and region at 0.07stops per acre. Flanking the project corridor, there is dense transit activity at Villanova Drive andAmherst Drive. Two transit lines operate along Anderson Road: Unitrans, the University of CaliforniaDavis and City of Davis local bus service, and Yolobus, operated by the Yolo County TransportationDistrict (YCTD) which connects Sacrament, West Sacramento, Woodland and Davis. The UnitransGeneral Manager’s Report, Fiscal Year 2019-20, ranked the Routes J-Line and G-Line on AndersonRoad first and second in ridership with an annual ridership of 331,000 and 323,000 respectively. Perthe Yolobus 2020 Comprehensive Operational Analysis of YCTD Yolo GO, Routes 42A and 42B alongthe project corridor, rank first and third for local/regular routes, with an average daily weeklyridership of 690 and 555 riders per day.

Cesar Chavez Elementary School has a population of over 600 students, and operates as a Spanish-language magnet school, which means students from outside the school boundary, school, creatingthe potential for larger vehicle trips to the school than other schools. Demographically, the schoolhas approximately 50% white/Caucasian, 32% Hispanic/Latinx, 8% Asian, and 1% African American,with over 10% of the population receiving free or reduced lunch. Though Anderson Road has a Class IIbicycle facility, the high volumes of vehicle traffic can discourage students from biking to school. In a2019 City of Davis Parent Survey of travel mode to school, Cesar Chavez ES students travel modeswere as follows: 11% walk, 20% bike, 5% carpool, and 64% travel by family vehicle. The proposedintersection improvements at Rutgers Drive, restriping of crosswalks and scramble phase to allow forall four legs of the intersection for pedestrian crossing, is encouraging for students that live east ofAnderson Road to access the school. The relocation of the school drop off and pick up to the parkinglot will also prevent weaving between the bicycle lane and curb on Anderson Road. The separatebicycle facility, located adjacent to the curb, between the proposed staff parking, provides a bufferfrom vehicle travel. This is also beneficial for bicycle commuters that travel to and from the UC Daviscampus.

It should also be noted that though only two benefits were to be discussed, the PPA Tool shows thatthe project has a Complete Streets Index of 49.39 and Socioeconomic Equity Indicator has 97% of thepopulation living in an Environmental Justice Community live within a half-mile of the project location.


7

Project Deliverability & Readiness(1) Describe any project delivery risks and how you will resolve them; (2) Describe community and policybody support for the project; (3) Discuss the O&M commitment and resources for the capitalimprovement once it is completed, or for the requested transit asset improvements. (Suggested length:2-3 paragraphs.)

The City considers project delivery risks to be fairly low with this project. All improvements are withineither the City's right-of-way or on DJUSD property and close collaboration has occurred between theCity and DJUSD. The most significant risk we foresee is if Caltrans determines some core projectfeatures are not eligible expenses. The City contacted SACOG staff very early in the preliminary designprocess (March 2020) regarding eligibility for our project's features. The City proceeded withdeveloping the design concepts presented here and to our community based on those discussions. IfCaltrans deems core project features ineligible, our team has two options. The first option is toconsider increasing local funding contributions to construct the preferred alternative. The secondoption is to revert to a second design concept we developed which eliminates improvements on theChavez ES school site. The City-DJUSD team regrets that many of the preferred design's benefits willbe lost, but would still represent a significant improvement over existing conditions.

As noted, community input into this project has been extensive. The 2014 Walk Bike Audit report wasa dedicated school-community process to identify needed active transportation safety improvementsat all elementary schools and junior high schools, including Chavez ES. The City also built off thatprocess and conducted dedicated planning & outreach process for Anderson Road that completed in2018 to establish a broader corridor vision. In preparation for this grant application, the City held twocommunity workshops, conducted a community survey on proposed design improvements, providedproject visuals in plan-view format, cross-sections, renderings, and animated trafficmodeling/simulations to improve our community's level of comfort with the project. Finally thisproject was reviewed by the City's Bicycling, Transportation, and Street Safety Commission as well asthe Park and Recreation Commission, the latter for their support on converting park turf forreplacement parking, which was unanimously supported.

Both the City and DJUSD recognize that maintenance obligations accompany the constructedimprovements within their respective rights-of-way. Project maintenance factored into the designsdeveloped for this application. For example, while the broader corridor vision imagines a landscapedcenter median with shade trees, the City has restricted this phase to primarily functional safety anddesign features. This will ensure future maintenance obligations can be accommodated withinexisting maintenance and operations budgets.


8

Application exhibit checklistThe submittal to the Maintenance & Modernization program category requires several associatedexhibits as part of the full application packet (in addition to this completed application form). Theprogram guidelines describe each of these exhibits in greater detail. Application elements 1-5 arerequired for each project. Element 6 only needs to be included in one application, and elements 7 and 8are optional. Use the checklist below to make sure your application includes the necessary exhibits.Include the application and each exhibit as separate attachments when you submit your electronicapplication packet.

Required element

☒ 1. Project application

☒ 2. Project Programming Request

☒ 3. Engineers Cost Estimate

☒ 4a. Project Performance Assessment Data Table or

☐ 4b. Transit Asset Management Data Table (for transit vehicle replacement and equipmentprojects)

☒ 5. Cost-Effectiveness Calculation

Additional elements

☒ 6. Sponsor priority ranking table (only needed once per sponsor, not in every application)

☐ 7. Supplemental section for local match waiver (Optional. Only for projects serving adisadvantaged community that are requesting a match waive)

☒ 8. Optional additional exhibits (graphics, letters of support, etc.)

John A. Bowes, Ed.D. Superintendent

526 B Street Davis, CA 95616 (530) 757-5300 FAX: (530) 757-5323 www.djusd.net

October 22, 2020 Mike Webb, City Manager City of Davis 23 Russell Blvd Davis, CA 95616 Please accept this letter in full support of the Anderson Road Improvement Grant Application the City is preparing. The Concept 2, if approved for grant funding, includes improvements on the César Chávez Elementary School Campus. Specifically, the improvements on the campus would include changes to the Rutgers/Anderson signaled intersection, a new vehicle access curb cut, and a re-alignment of the existing visitor and school staff parking lot. The second concept also includes the construction of parking on the north frontage of Redwood Park. It is the District’s understanding this new parking lot to be built on City park property would be for the exclusive use of DJUSD visitors and staff during school business hours. DJUSD support of Concept 2 is predicated on the provision of additional parking at Redwood Park as outlined by City staff. The District understands there is a matching share requirement for the grant and the District is committed to providing a matching share amount of approximately $220,000 which is based on the 11.47% local match requirement and the project cost estimate provided by City staff for improvements on the elementary school campus. The District has been very pleased with the process used by the City to develop the grant proposal and we are very hopeful the grant will be approved so that much needed safety improvements can be made. If I can be of further assistance, please do not hesitate to contact me. Sincerely,

John A. Bowes, Ed.D. Superintendent

Project Location

Phase 1

FuturePhases

Existing

With Improvements

CHAINLINK FENCE

(E) TRANSFORMER

I

DELIVERY

LOADING

E

I

MPR

10

7 8

9

6

4 5

2

3

1

I

I

w

G

GM

E

ROOF LINE

I

I

I

I

E

E

G

E

E

wM

E

G

I

I

I

I

G

I

I

I

E

w

E

E

E

E E

EE

E

E

E

10

7 8 96

4 52 31

RADCLIFFE DRIVE

AN

DER

SO

N R

OA

D

OR

AN

GE LA

NE

VILLANOVA DRIVE

COLBY DRIVE

RUTGERS DRIVE

CESAR CHAVEZ

ELEMENTARY SCHOOL

AMHERST DRIVE

N C

AM

PU

S W

AY

GEORGETOWN PLACE

OEST

E D

RIV

E

L

A

U

R

E

L

P

L

A

C

E

LIN

DEN

LA

NE

ST

AF

F P

AR

KIN

G

PIC

K-U

P / D

RO

P-O

FF

PIC

K-U

P / D

RO

P-O

FF

FIRE LANE

PROPOSED CONDITIONS

PROJECT AREA #1

6'9'11'12'11'

2'

5' 5'

2'

5'8' 8'

CONCEPT 2

PROJECT AREA #2

5' 11'12' 6'11'

2'

10'6'

2'

5'

2'

CONCEPT 2

PROJCET AREA #3

11'12'11' 6'8'

2'

10'3'5'

2'

5'16'10'

2'

10'

2'

11'11'8.5'3'8'

2'

3'5'

2'

5'

2'

6.5'10'16'12'

2'

10' 6'13'

CONCEPT 2

PROJCET AREA #4

AN

DER

SO

N R

OA

D

1"=100'

CONCEPTUAL - NOT FOR CONSTRUCTION. ADDITIONAL

DETAILED ANALYSIS AND ENGINEERING DESIGN REQUIRED.

Anderson Road

Amherst Drive to Rutgers Drive

Layout 2

AutoCAD SHX Text

N

AutoCAD SHX Text

CADD FILE:

AutoCAD SHX Text

1" = 100'

AutoCAD SHX Text

GRAPHIC SCALE

AutoCAD SHX Text

0

AutoCAD SHX Text

100

AutoCAD SHX Text

200

AutoCAD SHX Text

100

BAbbanat

Polygon

BAbbanat

Typewriter

REPLACEMENT STAFF PARKING

Memorandum

•

•

•

Project Background

Location

Purpose and Need

•

•

•

•

Planning History

Improvement Concepts

Concept 1

Concept 2

Concept Visualizations

Cost Estimates

Multi-Modal Traffic Operations

Multi-Modal Conflicts

•

o

o

o

o

•

o

o

•

o

o

Vehicle Delay and Level of Service

•

o

o

o

•

•

https://www.youtube.com/watch?v=e0whRPD5Zxo&feature=youtu.be

https://www.youtube.com/watch?v=blU3EwD7PM8&feature=youtu.be

https://www.youtube.com/watch?v=eoDcZ7f7FA4&feature=youtu.be

https://www.youtube.com/watch?v=T1UoQMTcxbU&feature=youtu.be

https://www.youtube.com/watch?v=JP6VBlejk44&feature=youtu.be