general services division request for proposals … · california campus, a residential...

Finance Department General Services Division

REQUEST FOR PROPOSALS (RFP)

Specification No. 18-11160-C FOR

DATA COLLECTION AND ANALYSIS SERVICES FOR THE RESIDENTIAL SHARED

PARKING PILOT (RSPP) PROJECT PROPOSALS WILL NOT BE OPENED AND READ PUBLICLY

Dear Proposer:

The City of Berkeley is soliciting written proposals from qualified firms or individuals for data collection, analysis, and project evaluation services for the Residential Shared Parking Pilot (RSPP) project. As a Request for Proposal (RFP) this is not an invitation to bid and although price is very important, other factors will be taken into consideration.

The project scope, content of proposal, and vendor selection process are summarized in the RFP (attached).

Proposals must be received no later than 2:00 pm, on Thursday, March 22, 2018. All responses must be in a

sealed envelope and have “DATA COLLECTION AND ANALYSIS SERVICES FOR THE RESIDENTIAL

SHARED PARKING PILOT” and Specification No. 18-11160-C clearly marked on the outer most mailing

envelope. Please submit one (1) unbound original and six (6) unbound copies and a digital copy on a USB drive:

Mail or Hand Deliver To:

City of Berkeley

Finance Department/General Services Division

2180 Milvia Street, 3rd Floor

Berkeley, CA 94704

Proposals will not be accepted after the date and time stated above. Incomplete proposal or proposals that do not

conform to the requirements specified herein will not be considered. Issuance of the RFP does not obligate the City

to award a contract, nor is the City liable for any costs incurred by the proposer in the preparation and submittal of

proposals for the subject work. The City retains the right to award all or parts of this contract to several proposer, to

not select any proposer, and/or to re-solicit proposals. The act of submitting a proposal is a declaration that the

proposer has read the RFP and understands all the requirements and conditions.

For questions concerning the anticipated work, or scope of the project, please contact Gordon Hansen, Senior

Planner, via email at [email protected] no later than Wednesday, March 7, 2018. Answers to

questions will not be provided by telephone or email. Rather, answers to all questions or any addenda will be

posted on the City of Berkeley’s site at http://www.cityofberkeley.info/ContentDisplay.aspx?id=7128. It is the

vendor’s responsibility to check this site. For general questions concerning the submittal process, contact

Purchasing at 510-981-7320.

We look forward to receiving and reviewing your proposal.

Sincerely,

Shari Hamilton

General Services Manager

2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 Fax: 510.981.7390

E-mail: [email protected] Website: http://www.ci.berkeley.ca.us/finance

mailto:[email protected]

http://www.cityofberkeley.info/ContentDisplay.aspx?id=7128

City of Berkeley Specification No. 18-11160-C of 26

Data Collection and Analysis Services for the Residential Shared Parking Pilot Release Date 02/27/18

Revised June 2017

I. BACKGROUND

The City of Berkeley (hereinafter referred to as the “City”), a densely populated community with over 116,000

residents, is home to the University of California at Berkeley, Berkeley City College, and many notable restaurants,

businesses, and theaters. Once referred to as a “City of Homes,” Berkeley boasts a variety of vibrant, walkable, and

attractive residential neighborhoods.

Within the City’s commercial districts, parking meters are used to manage vehicular access to civic, retail, and

entertainment activities. Within residential neighborhoods to the north, west, and south of the University of

California campus, a Residential Preferential Parking (hereinafter referred to as “RPP”) permit program is used to

protect on-street parking for residents, limiting non-permit holders to a two (2) hour time limit.

The City’s goBerkeley parking management program (“goBerkeley”) began in 2013 as a grant-funded pilot to

reduce traffic congestion and improve air quality, public safety, and overall quality of life. The goBerkeley pilot

took two (2) mutually-supportive approaches. First, the introduction of data-driven, demand-responsive parking

pricing at on-street metered parking and City-owned off-street facilities in the Downtown Berkeley,

Southside/Telegraph, and the Elmwood neighborhoods; and second, implementing a comprehensive Transportation

Demand Management (TDM) program offering incentives for businesses and employees within the pilot districts to

travel using options other than driving alone. The TDM program offered 1,000 free one (1) year AC Transit bus

passes and discounted car sharing memberships, and while it increased transit use among some participants, the

program was difficult to manage and did not continue after its one (1) year trial. The demand-responsive parking

program, by contrast, was a success; and demonstrated that data-driven parking management could succeed in a

mid-size city. As a result, goBerkeley became a permanent program in 2015. Using similar parking management

principles, the Residential Shared Parking Pilot (hereinafter referred to as the “Pilot” or “RSPP”), aims to better

manage the public parking supply within RPP areas to achieve a host of community goals.

A. General Description

The City of Berkeley Public Works Parking Services Group intends to enter into a contract with one or more

qualified firms or individuals to provide data collection and project evaluation consulting services for the City’s

upcoming Pilot. The successful Consultant will perform as part of a team helping City staff plan and implement the

Pilot. A second Consultant contract, to be procured this spring, will provide community outreach and engagement

services.

B. Description of Parking Resources within Pilot Areas

There are a total of fourteen (14) RPP areas in the City, designated “A” through “N.” In these areas, residents may

purchase permits that allow them to park without restrictions. Non-permit holders are limited by two-hour time

limits from 8 a.m. to 7 p.m. from Monday to Friday, and in some areas, from Monday to Saturday. At all other

times, such as Sundays, evenings, and City designated holidays, non-permitted vehicles are allowed to park in RPP

areas with no time limits. The RPP Program is administered by the City of Berkeley’s Revenue Collection and

Transportation Divisions and is enforced by the Police Department. The Pilot project will focus on residential

streets in the Southside/Telegraph and Elmwood neighborhoods, in parts of RPP Areas “A,” “B,” “D,” “L,” and “I.”

A map showing the context of the proposed Pilot area is provided as Attachment L.

Paid public parking in the Southside/Telegraph and Elmwood areas, including on-street meters, the Telegraph

Channing Garage, and the Elmwood parking lot, is managed by the goBerkeley program. While not explicitly part

of the Pilot area, paid parking policies (i.e., hourly rates and time limits) in these areas may have an effect on

spillover parking in the surrounding residential areas.

Private residences and other users in the Pilot areas may have off-street parking available, such as driveways and

garages, but the exact amount of this capacity is unknown.



Revised June 2017

C. Project Description

Context

During community outreach for the original goBerkeley pilot, frustrations with the existing RPP system were

voiced frequently to City staff. Concerns expressed depended on the perspective of each community member.

These concerns are summarized below:

Residents are frustrated with the lack of parking and increased congestion due to the perceived presence of

non-resident parkers who do the “2-hour shuffle;”

Employees are frustrated that parking is perceived to be available in the residential areas but only available

to them if they can move their cars every two (2) hours;

Merchants are concerned about distracted employees and lost productivity by those who leave work every

two (2) hours to move their cars; and

City staff are concerned about excessive congestion, due to cars circling neighborhoods every two (2) hours

in search of parking, and unwanted emissions, due to vehicle cold starts and increased vehicle miles

traveled.

Pilot Program Goals and Tools

The Residential Shared Parking Pilot will follow this approach to achieve the following goals in Pilot residential

neighborhoods:

Improve parking availability in RPP Pilot areas;

Minimize congestion by ensuring parking availability;

Reduce greenhouse gas emissions due to the “two-hour shuffle;”

Improve customer service and technology related to the City’s parking program;

Provide more travel choices to residents, workers, and visitors; and

Develop an approach to reform and/or expand the larger RPP Program as a whole.

A sample of strategies and tools to achieve these goals may include, but not be limited to, the following:

Extend RPP enforcement hours into evenings and weekends, times which usually experience the highest

parking demand;

Require non-permit holders to pay an hourly rate, established per target parking occupancies, via the City’s

pay-by-phone system;

Adjust prices, time limits, and/or hours of enforcement to achieve the target parking occupancy range,

thereby increasing parking availability and reducing circling for parking1;

Facilitate increased information sharing about transportation alternatives in Pilot neighborhoods and

implemented targeted TDM strategies for residents, visitors, and/or employees; and

Other strategies to be determined through public engagement and data collection.

Building on the success of the goBerkeley program, the three (3) year Pilot aims to better manage on-street parking

in residential neighborhoods, increasing parking availability for a wider set of users, including residents, visitors,

and employees. The Pilot will utilize effective principles and best practices employed by the goBerkeley program,

including:

Data-driven and community-oriented policy as a pathway to success;

o Transparent decision-making per clearly defined goals, guidelines, and quantitative analysis

o Tailoring outreach and communication to various user groups

o Fostering partnerships with community and business groups

1 The target parking occupancy range is defined as between 65-85% occupied, roughly equivalent to 1-2 open parking spaces

on the blockface.



Revised June 2017

Extensively documenting existing conditions and subsequent results of pilot adjustments;

Expanding the City’s use of technology (i.e., Automatic License Plate Recognition technology) for more

accurate and effective parking enforcement and program administration; and

Improving the customer experience of parking in Berkeley through clear policies, signage, and other

communication materials.

Pilot Areas and Characteristics

The City intends to implement the RSPP in the Elmwood and Southside/Telegraph areas, shown in the context map

provided as Attachment L.

The Elmwood pilot area is centered on two (2) blocks of College Avenue between Russell to Webster Streets.

College Avenue is lined with retail establishments and restaurants that experiences heavy pedestrian traffic,

especially on nights and weekends. The surrounding neighborhood consists primarily of single-family homes.

The Southside/Telegraph pilot area is focused on the neighborhoods roughly bounded by Bancroft Avenue, Fulton

Street, Dwight Way, and Piedmont Avenue. This area is characterized by heavy pedestrian, bicycle, and bus transit

activity due to its proximity to the University of California campus and commercial businesses on Telegraph and

Bancroft Avenues. The surrounding neighborhood is densely populated and consists primarily of multi-family

homes and university housing.

Existing Data

The City has, or will have, the following data available for use by the selected Consultant:

Preliminary Residential Shared Parking Pilot Area Occupancy Surveys

City staff collected initial manual parking occupancy observations in spring and summer 2017.

University of California, Berkeley Football Game Day Survey

A parking occupancy survey was conducted fall 2017 on residential streets in RPP Zones A, B, D, I, K, and L to

understand the effect of UC Berkeley football game visitor demand on neighborhood parking availability. Data

collected included:

Parking inventory

o Theoretical supply of each block face, determined by measuring all grey curb and dividing total by

20 feet (the length of one (1) marked metered parking space)

Parking occupancy

o Count of cars on blockface2

o For each car counted, whether it had an RPP permit for the corresponding area (i.e., where it was

observed), for a different area, or no permit

o Collected on one game day and one non-game day

Off-street parking rates

o Note of all observed game day-related parking rates (fraternities/sororities/churches, etc.)

goBerkeley Parking Occupancy Data

A manual occupancy count of metered parking spaces was conducted in fall 2017 in the three (3) goBerkeley areas

– Downtown Berkeley, Southside/Telegraph, and the Elmwood. Staff used this data to recommend price

adjustments effective April 1, 2018. Data included a check of parking inventory and occupancy at metered parking

spaces collected at 9am, 12pm, 3pm, and 6pm on three (3) weekdays and one (1) Saturday.

2 Defined as one side of a street segment (i.e. Benvenue Avenue between Webster Street and Woosley Street)



Revised June 2017

Automated License Plate Recognition (ALPR) Data

The City of Berkeley’s entire full-time parking enforcement fleet will be equipped with ALPR technology by the

time Consultant services begin. Staff receive regular reports from this system, including the following information:

Information

Type

Report Fields Example Notes

Unique

Vehicle

Identifier

Plate Value 839518CF8D9F3B37A41

D9C8DCF07B6B72BC9

5A8F3292B3289BD8C4

E0A3334ADB

To comply with data privacy

policy, each unique plate

number is “hashed,” or

anonymized, creating a new

randomly generated unique

ID. Hashes are regenerated

every 14 days.

Geographical

Location &

Time

Latitude

Longitude

Latitude Angle

Longitude

Angle

Timestamp

37.8682710272969

-122.255057953987

37° 52' 05".775 N

122° 15' 18".208 W

3/14/2017 8:55:34 AM

Provides GPS location

information and the time/date

at which the vehicle was

observed.

Street/Side

Location

Address

Road

From

To

BlockfaceID

2639 DURANT AVE

(COLLEGE AVE -

BOWDITCH ST)

DURANT AVE

BOWDITCH ST

COLLEGE AVE

DUR2600s

Indicates the location of the

vehicle in terms of Berkeley

addresses and street names.

The appropriate goBerkeley

BlockfaceID is also shown.

Citation

Attributes

Is Hit

Infraction Type

Infraction

Reject Reason

Is Hotlist Hit

Hotlist Hit

Reject Reason

True

Overtime

Allowed to Move

False

N/A

Shows whether the vehicle

was determined by the ALPR

system to be eligible for a

citation, or if it registered on

either the stolen vehicle or

scofflaw “hotlists.” In this

case, the vehicle was observed

to violate the 2-hour time

limit but was allowed by the

PEO to move without being

cited.

Vehicle

Attributes

Has Permit

Permit Type

False

N/A

Shows whether observed

vehicle has an RPP permit,

and what area that permit is

for. This vehicle was observed

to not have a permit.

Enforcement

Attributes

Patroller ID Unit 1579 Name of Parking Enforcement

Go-4 vehicle



Revised June 2017

The selected Consultant will be asked to consider ways to integrate ALPR data into their analysis of parking

conditions in project areas and/or evaluate its accuracy in determining parking occupancy on residential streets.

Parking Meter and Pay-by-Phone Transaction Data

Meter transactions are record when a driver purchases time at a parking space from an IPS single space or Pay and

Display parking meter, or using the Parkmobile pay-by-phone system (launching spring 2018). Parking meter

transaction information includes meter number/location, time stamp (date, hour, minute) for the beginning of the

transaction, amount of time purchased, and method of payment. This information may be made available for use by

the Consultant upon request.

II. SCOPE OF SERVICES

The selected Consultant will support the City in implementing the Residential Shared Parking Pilot project by

providing critical insights into parking and travel behavior and the larger effects of this behavior on neighborhood

quality of life (e.g., street safety, sound quality, air quality, etc.), from existing baseline conditions through the

implementation of pilot changes to the conclusion and final evaluation of the project. At a minimum, the Data

Collection and Analysis Consultant will be expected to:

Attend RSPP project team coordination meetings;

Assist City staff in refining the RSPP Data Collection and Analysis Work Plan;

Collect, tabulate, analyze and present data per the City’s specifications;

Assist City staff during the development, analysis, and evaluation of the pilot project; and

Attend public outreach events on an as-needed basis.

The Consultant will be part of a larger project implementation team that includes a Community Outreach and

Engagement consultant (team) and City staff.

Anticipated Timeline (Subject to Change)

Contract work is expected to commence in mid-2018 for a three (3) year period. Contract services are expected to

be focused around the Elmwood and Southside/Telegraph areas of Berkeley, as shown in Attachments L and M.

The anticipated timeline and critical dates are as follows:

Project Phase and Milestones Estimated Schedule

Proposals due March 20, 2018

Evaluation and selection completed April 20, 2018

City Council approves contract July 24, 2018

Notice to proceed August 2018

Initial coordination with project team September 2018

Initiation of Technical Advisory Committee September 2018

Data collection planning and preparation September 2018

Baseline/existing conditions data collection October 2018

Public outreach events and project engagement Winter 2018 – Spring

2019

Pilot development Winter 2018 – Summer

2019

Pilot launch Summer 2019

Mid-pilot data collection and analysis, and program adjustment

(if necessary)

Fall 2019

Pilot evaluation data collection and analysis Fall 2020 – Spring 2021



Revised June 2017

Project Budget

This scope of services describes tasks and parameters for data collection and analysis to develop, implement and

evaluate the RSPP program, and may be used for the purposes of cost estimation.

Work Plan

The tasks outlined below constitute the City’s minimum expectations for this contract. The consultant is encouraged

to add additional detail, tasks, and/or deliverables if necessary to explain their vision for the successful

implementation of this project.

Unless otherwise noted, expect all deliverables to have a first draft and final draft. First drafts will be submitted for

one round of consolidated comments from City staff. Determination of a final draft will be made by City staff on the

basis that all comments from the City have been addressed by Consultant revisions.

Task 0. Kick-off Meeting and Confirm Project Coordination Schedule

The Consultant will attend a kick-off meeting with City staff to discuss goals of the project, especially as it relates

to data collection and analysis needs and expectations, and confirm communication protocols such as the frequency

of check-in meetings to gauge project progress. It is expected that project coordination will entail an average of one

(1) meeting every two (2) weeks before, during, and after data collection periods. The consultant should use this

meeting to guide the development of a final project scope and schedule.

Deliverables: Memorandum of the project coordination protocols and schedule

Task 1. Finalize Data Collection & Evaluation Plan

The City has specified minimum expectations for data to be collected to develop and analyze the pilot program.

These are outlined in the “Data Collected and Potential Methods” section below, and are provided for the purposes

of cost estimation.

The selected Consultant will incorporate these surveys, and any additional recommended surveys, into a final Data

Collection & Evaluation Plan that will guide the Consultant’s work throughout the project.

Data Collection Areas

At a minimum, the City expects that the pilot will extend to streets within at least a one (1) block radius of existing

metered areas in each of the two (2) proposed pilot areas – see Attachment M for a map of these block faces.

However, the City seeks guidance on which streets are chosen and why, pursuant to the baseline and post-

implementation data. The Plan should include a methodology for determining where the pilot areas (including

spillover, and/or control areas, if recommended) should be located, and why, including the specific number of block

faces in each area. For context and cost estimation purposes, there are approximately 350 block faces with RPP

restrictions and 72 metered block faces within the project area, though not all block faces with RPP restrictions may

be included in the resulting program.

As an optional task, the Consultant should include a proposal to collect data in adjacent metered areas simultaneous

with data collection in residential pilot areas.

Data Collected and Potential Methods

To track the effects of parking rate and time limit changes in residential areas, the following types of data are

expected to be collected:

Parking supply:

o Inventory of project areas (i.e., pilot, spillover, and control, as applicable) that quantifies on-street

parking spaces (how spaces will be determined in a non-delineated area), parking regulations, curb

colors, driveway curb cuts, and access to off-street parking by property/parcel

Parking demand:



Revised June 2017

o On-street parking occupancy

o Vehicle/user characteristics (RPP-permitted versus non-permitted, disabled placard user,

loading/double parking, etc.)

o Length of stay/turnover

o Availability and/or occupancy of off-street spaces on residential or other parcels

o Parking spillover analyses

Environmental effects of vehicle use:

o Evaluate greenhouse gas emissions, vehicle miles traveled (VMT), etc., potentially through parking

search time analyses or other survey/methodologies to be recommended by Consultant.

The City of Berkeley encourages proposers to suggest cost-efficient options for the deployment of manual data

collection while collecting sufficient data to track changes in parking conditions. It is expected that observation and

documentation of some of the variables during manual field data collection (i.e. observing and documenting

occupancy of on-street supply, occupancy by user group, turnover, loading/double parking, etc.) occurs

simultaneously in the same run.3

The City welcomes suggestions for alternatives to the traditional manual data collection method, including ways to

incorporate data from the City’s existing data sources such as the ALPR system.

Data Collection Frequency and Hours of Collection

The project has three (3) primary phases for pilot development and evaluation: baseline/existing conditions, post-

pilot launch/pilot adjustment, and pilot evaluation. The Consultant is expected to collect data during each of the

phases and should identify the frequency and times data will be collected during each phase in the plan.

At a minimum, the Consultant may be expected to collect data every two (2) hours (i.e. 8 runs per day) within the

hours of 7 a.m. – 9 p.m., for one (1) weekday and one (1) Saturday during each of the three (3) project phases.

The Consultant is encouraged to provide alternative data collection frequencies and runs (e.g., hourly, etc.) per the

three phases, in addition to the minimum expectations stated above.

The Consultant should provide a cost estimate for manual field data collection per run (as defined in the minimum

expectations stated above, one (1) run = once (1) every two (2) hours) as the City may require more days of data

collection during the course of the project. Please provide cost estimates for any other methodologies proposed in

addition to the stated minimum.

Deliverables: Final Data Collection and Evaluation Plan

Task 2. One-Time Review of Existing Data Sources, Parking Supply, and Field Setup

The Consultant shall compile and review all available resources and existing data sources provided by the City, as

well as assess existing on-street parking supply by conducting a parking inventory for proposed pilot, and if

recommended, spillover and/or control areas.

Results from existing material and data sources review shall be analyzed and evaluated for the potential of

complementing or substituting manual field work during and post pilot implementation. Results of the review and

evaluation shall be presented in a memorandum.

3 Defined as one pass through of a blockface during the specified data collection frequency during a day



Revised June 2017

The Consultant shall establish the parking supply through a parking inventory based on the methodology and

guidelines defined in the Data Collection & Evaluation Plan.

Results from field data collection shall be submitted in a format compatible with the City’s GIS Parking Inventory

database and provide the City the ability to view (via ArcGIS). Data entry from the field surveys are to be entered

into an MS Excel workbook. All field forms and data tabulation sheets must be approved by the city before use.

Deliverables: Existing materials and data sources review memorandum

Field survey forms in a City approved format

Packaged parking inventory data in a City approved format

Task 3. Parking Conditions and Demand Data Collection and Analysis – All Phases

The Consultant is expected to assess parking conditions and demand in each of the three (3) project phases as

defined in the Data Collection & Evaluation Plan.

The Consultant is expected to coordinate with the City and notify staff of the day(s) in which they plan on

collecting data. Data collection shall not occur without prior approval from the City.

The pilot timeline envisions baseline conditions data collection in Fall 2018, post-implementation data collection in

Fall 2019 and pilot evaluation data collection in Fall 2020.

Results from the field data collection shall be submitted in a format compatible with the City’s GIS Parking

Inventory database and provide the City the ability to view (via ArcGIS). Data entry from the field surveys are to be

entered into an MS Excel workbook. All field forms and data tabulation sheets must be approved by the city before

use.

Results from field observations shall be analyzed and evaluated based on the measurements stated in the Data

Collection & Evaluation Plan. Additionally, the Consultant shall recommend program adjustments (i.e., rates, time

limits, etc.) based on the analysis to help achieve the aims and objectives of the pilot during each phase. Findings,

evaluation, and program adjustment recommendations will be presented in a memorandum for each of the three (3)

project phases.

Deliverables: Data collection and analysis schedule for the three (3) project phases;

Packaged parking conditions and demand data for each project phase in City-approved format;

Existing/Baseline conditions analysis and recommendations memorandum;

Post-pilot launch conditions analysis and recommendations memorandum; and

Pilot evaluation memorandum and recommendations for the future of the RSPP.

Task 4. Participation in Public Outreach Activities

The Consultant is expected to attend project outreach events and activities on an as-needed basis. For cost-

estimating purposes, Consultants should expect to attend the following:

Up to Four (4) Technical Advisory Committee (TAC) meetings: The TAC will consist of internal

stakeholders, assembled by City staff that includes representatives from affected departments as well as

external partners.

Up to Three (3) Open Houses/Public Workshops: Public workshops will be held within pilot project

areas to present key goals of the program and solicit input from residents, employees, visitors, and other

stakeholders.



Revised June 2017

III. SUBMISSION REQUIREMENTS

All proposals shall include the following information, organized as separate sections of the proposal. Clarity is

essential and will be considered in assessing the Respondents’ capabilities. Proposals shall be double-sided and the

body of the proposal (Items 1 (one) through 7 (seven) listed below) should not exceed 25 page faces.

1. Cover Letter:

Respondents should submit a cover letter expressing their interest in the project and a brief overview of their

qualification highlights. The letter must contain, at a minimum, the following information:

Statement of interest referencing professional services to provide Data Collection and Analysis services.

Certification that the information and data submitted is true and complete to the best knowledge of the

individual signing the letter.

Provide the name of the firm, a brief description of the consultant team (if applicable) the firm's principal

place of business, and company profile, the name and telephone number of the contact person and

company tax identification number.

Signature by an authorized principal or partner of the firm

2. Qualifications and Experience

Firm or Team: Respondents shall describe the firm or team’s projects and experience of the past three (3) years

relevant to the Scope of Services described in Section II. Respondents should emphasize projects for which key

staff proposed for this project have either been primarily responsible or have performed substantially similar

work. If subcontractors are to be used, the means by which these firms will participate must be specified and their

experience and credentials presented in this section.

Key Staff: Respondents shall identify the key individuals to be assigned to this project (by name and position)

and describe the work tasks assigned to each individual. Respondents must also provide experience summaries

of these key individuals, describing for each individual their previous experience on similar projects in similar

roles, their educational background, and their length of tenure with the organization. Résumés of key individuals

may also be included in the appendices. Respondents shall also list any professional affiliations, licensures, and

certifications that are pertinent to the work described in Section II, Scope of Services.

3. Project Understanding, Work Plan, and Capacity

Respondents shall describe the consultant or consultant team’s understanding of and approach to this project.

Using the Scope of Services as a base and minimum expectations for project delivery, respondents shall develop

a Work Plan for data collection and analysis for the RSPP program. It should address how the respondent

anticipates working with a bigger consultant team as chosen by the City. Respondents shall also describe key

staff capacity for the project, assuming work starts in mid-2018 and lasts two and a half (2-1/2) years.

Respondents should include a project schedule of major project milestones. Respondents proposing alternative

approaches to meeting the technical requirements of this RFP should thoroughly explain their reasoning.

4. Price Proposal with Indirect Cost Rate Schedule:

The proposal shall include pricing for all services. Pricing shall be all inclusive unless indicated otherwise on a

separate pricing sheet. The Proposal shall itemize all services, including hourly rates (direct and indirect) for all

professional, technical and support personnel, and all other charges related to completion of the work shall be

itemized. The price proposal must clearly identify base hourly rate, fringe benefits, and indirect costs for all

personnel, with fee (profit) show separately. Billing rate schedule cannot be used. Additionally, other direct

costs must be broken out in detail in order to be eligible for payment. The required cost proposal format, as

shown in the Local Assistance Procedures Manual, is provided as Attachment J-1.

Price proposals should be accompanied by a copy of the prime proposer and subconsultants’ current Indirect

Cost Rate schedules, including copies of any Certified Public Accountant indirect cost rate audit report.

The prime consultant’s financial management system must meet the financial standards set forth in 49

CFR Part 18.2



Revised June 2017

The proposed costs in the prime and subconsultant cost proposals must comply with the cost principles

established in 48 CFR, Chapter 1, Part 31 “Contract Cost Principles.”

5. Client References:

Provide a minimum of three (3) client references for projects completed within the last five (5) years.

References should be California cities or other large public sector entities. Provide the designated person's

name, title, organization, address, telephone number, and the project(s) that were completed under that client’s

direction along with completion month and year.

6. Contract Terminations:

If your organization has had a contract terminated in the last five (5) years, describe such incident.

Termination for default is defined as notice to stop performance due to the vendor’s non-performance or poor

performance and the issue of performance was either (a) not litigated due to inaction on the part of the vendor,

or (b) litigated and such litigation determined that the vendor was in default.

Submit full details of the terms for default including the other party’s name, address, and phone number. Present

the vendor’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the

proposal on the grounds of the past experience.

If the firm has not experienced any such termination for default or early termination in the past five (5) years, so

indicate.

7. City’s Contracting Requirements and Federal Forms

Respondents shall indicate in writing if they would agree to sign the City of Berkeley’s Consulting

(Professional) Services Contract developed for this project to incorporate Federal requirements, as provided in

Attachment I. Respondents shall indicate the specific concerns and desired edits in writing as part of the

proposal. This will be the only opportunity to request contract changes and negotiations would be based

only on the items indicated in this proposal.

This project, which is partially funded by a Congestion Mitigation and Air Quality (CMAQ) grant, also has

Federal requirements. Attachment J contains the Required Federal Forms checklist and individual forms, per to

the Caltrans Local Assistance Procedures Manual, Chapter 10. Instructions in Attachment J - Required Federal

Forms Checklist indicate which forms are to be submitted with the proposal and which forms are to be

submitted by the successful proposer at the time of contract execution.

8. Representative Work Samples (Appendix):

Respondents shall provide work samples that they created for a minimum of three (3) projects, ideally projects

that relate or would transfer well to the Scope of Work described in Section II. Work samples should be chosen

to reflect the ability to analyze, represent, and report data in a clear and concise manner.

IV. SELECTION CRITERIA

The following criteria will be considered, although not exclusively, in determining which firm is hired.

Criteria Points

Project understanding and work plan 30

Price proposal with indirect cost rate schedule 30

Qualifications and experience 20



Revised June 2017

Overall quality of the response and conformance with RFP requirements for

content

15

Work samples 5

Total 100

A selection panel of City of Berkeley staff will review all proposals submitted and select the top proposals. Should

the panel deem it necessary, the evaluation panel may elect to invite the top proposers to make a presentation to the

evaluation panel in a City office in Berkeley, California, at no cost to the City. The number of proposers selected

for a panel interview will be at the sole discretion of the evaluation panel. Based on the initial proposals and the

panel interview, the panel will select the proposal which best fulfills the City’s requirements and is deemed to offer

the best value to the City. The City may negotiate with the proposer to determine final pricing and contract form.

Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there

will be no public opening and reading of bids.

The City reserves the right to reject any and all submissions.

V. PAYMENT

Invoices: Invoices must be fully itemized, and provide sufficient information for approving payment and audit.

Invoices must be accompanied by receipt for services in order for payment to be processed. Mail invoices to the

Project Manager and reference the contract number.

City of Berkeley

Accounts Payable

PO Box 700

Berkeley, CA 94701

Attn: Gordon Hansen/Public Works Department

Payments: The City will make payment to the vendor within 30- days of receipt of a correct and complete

invoice.

VI. CITY REQUIREMENTS

A. Non-Discrimination Requirements:

Ordinance No. 5876-N.S. codified in B.M.C. Chapter 13.26 states that, for contracts worth more than $3,000 bids

for supplies or bids or proposals for services shall include a completed Workforce Composition Form. Businesses

with fewer than five employees are exempt from submitting this form. (See B.M.C. 13.26.030)

Under B.M.C. section 13.26.060, the City may require any bidder or vendor it believes may have discriminated

to submit a Non-Discrimination Program. The Contract Compliance Officer will make this determination. This

applies to all contracts and all consultants (contractors). Berkeley Municipal Code section 13.26.070 requires

that all contracts with the City contain a non-discrimination clause, in which the contractor agrees not to

discriminate and allows the City access to records necessary to monitor compliance. This section also applies to

all contracts and all consultants. Bidders must submit the attached Non-Discrimination Disclosure Form

with their proposal

B. Nuclear Free Berkeley Disclosure Form:

Berkeley Municipal Code section 12.90.070 prohibits the City from granting contracts to companies that

knowingly engage in work for nuclear weapons. This contracting prohibition may be waived if the City Council



Revised June 2017

determines that no reasonable alternative exists to doing business with a company that engages in nuclear

weapons work. If your company engages in work for nuclear weapons, explain on the Disclosure Form the nature

of such work. Bidders must submit the attached Nuclear Free Disclosure Form with their proposal.

C. Oppressive States:

The City of Berkeley prohibits granting of contracts to firms that knowingly provide personal services to specified

Countries. This contracting prohibition may be waived if the City Council determines that no reasonable

alternative exists to doing business with a company that is covered by City Council Resolution No. 59,853-N.S.

If your company or any subsidiary is covered, explain on the Disclosure Form the nature of such work. Bidders

must submit the attached Oppressive States Disclosure Form with their proposal.

D. Conflict of Interest:

In the sole judgment of the City, any and all proposals are subject to disqualification on the basis of a conflict of

interest. The City may not contract with a vendor if the vendor or an employee, officer or director of the

proposer's firm, or any immediate family member of the preceding, has served as an elected official, employee,

board or commission member of the City who influences the making of the contract or has a direct or indirect

interest in the contract.

Furthermore, the City may not contract with any vendor whose income, investment, or real property interest may

be affected by the contract. The City, at its sole option, may disqualify any proposal on the basis of such a conflict

of interest. Please identify any person associated with the firm that has a potential conflict of interest.

E. Berkeley Living Wage Ordinance:

Chapter 13.27 of the Berkeley Municipal Code requires that contractors offer all eligible employees with City

mandated minimum compensation during the term of any contract that may be awarded by the City. If the

Contractor is not currently subject to the Living Wage Ordinance, cumulative contracts with the City within a

one-year period may subject Contractor to the requirements under B.M.C. Chapter 13.27. A certification of

compliance with this ordinance will be required upon execution of a contract. The Living Wage rate is currently

$14.97 (if medical benefits are provided) or $17.45 (if medical benefits are not provided). The Living Wage rate

is adjusted automatically effective June 30th of each year commensurate with the corresponding increase in the

Consumer Price Index published in April of each year. If the Living Wage rate is adjusted during the term of

your agreement, you must pay the new adjusted rate to all eligible employees, regardless of what the rate was

when the contract was executed.

F. Berkeley Equal Benefits Ordinance:

Chapter 13.29 of the Berkeley Municipal Code requires that contractors offer domestic partners the same access

to benefits that are available to spouses. A certification of compliance with this ordinance will be required upon

execution of a contract.

G. Statement of Economic Interest:

The City’s Conflict of Interest Code designates “consultants” as a category of persons who must complete Form

700, Statement of Economic Interest, at the beginning of the contract period and again at the termination of the

contract. The selected contractor will be required to complete the Form 700 before work may begin.

VII. OTHER REQUIREMENTS



Revised June 2017

A. Insurance

The selected contractor will be required to maintain general liability insurance in the minimum amount of

$2,000,000, automobile liability insurance in the minimum amount of $1,000,000 and a professional liability

insurance policy in the amount of $2,000,000 to cover any claims arising out of the performance of the contract.

The general liability and automobile insurance must name the City, its officers, agents, volunteers and employees

as additional insureds.

B. Worker’s Compensation Insurance:

A selected contractor who employs any person shall maintain workers' compensation insurance in accordance

with state requirements. Sole proprietors with no employees are not required to carry Worker’s Compensation

Insurance.

C. Business License

Virtually every contractor that does business with the City must obtain a City business license as mandated by

B.M.C. Ch. 9.04. The business license requirement applies whether or not the contractor has an office within the

City limits. However, a "casual" or "isolated" business transaction (B.M.C. section 9.04.010) does not subject

the contractor to the license tax. Warehousing businesses and charitable organizations are the only entities

specifically exempted in the code from the license requirement (see B.M.C. sections, 9.04.295 and 9.04.300).

Non-profit organizations are granted partial exemptions (see B.M.C. section 9.04.305). Persons who, by reason

of physical infirmity, unavoidable misfortune, or unavoidable poverty, may be granted an exemption of one

annual free license at the discretion of the Director of Finance. (see B.M.C. sections 9.04.290).

Vendor must apply for a City business license and show proof of application to Purchasing Manager within

seven days of being selected as intended contractor.

The Customer Service Division of the Finance Department located at 1947 Center Street, Berkeley, CA 94704,

issues business licenses. Contractors should contact this division for questions and/or information on obtaining

a City business license, in person, or by calling 510-981-7200.

D. Recycled Paper

All reports to the City shall be on recycled paper that contains at least 50% recycled product when such paper

is available at a cost of not greater than ten percent more than the cost of virgin paper, and when such paper is

available at the time it is required. If recycled paper is not available the Contractor shall use white paper. Written

reports or studies shall be printed on both sides of the page whenever practical.

E. State Prevailing Wage:

Certain labor categories under this project may be subject to prevailing wages as identified in the State of

California Labor Code commencing in Section 1770 et. seq. These labor categories, when employed for any

“work performed during the design and preconstruction phases of construction including, but not limited to,

inspection and land surveying work,” constitute a “Public Work” within the definition of Section 1720(a)(1) of

the California Labor Code requiring payment of prevailing wages.

Wage information is available through the California Division of Industrial Relations web site at:

http://www.dir.ca.gov/OPRL/statistics_and_databases.html

http://www.dir.ca.gov/OPRL/statistics_and_databases.html



Revised June 2017

VIII. SCHEDULE (dates are subject to change)

Issue RFP to potential proposers: February 27, 2018

Questions Due March 7, 2018

Proposals due from potential proposers March 22, 2018

Complete Selection Process April 20, 2018

Council Approval of Contract (over $50k) July 24, 2018

Sign and Process Contract August, 2018

Notice to proceed August, 2018

Thank you for your interest in working with the City of Berkeley for this service. We look forward to receiving

your proposal.

Attachments:

Check List of Required Items for Submittal Attachment A

Non-Discrimination/Workforce Composition Form Attachment B

Nuclear Free Disclosure Form Attachment C

Oppressive States Form Attachment D

Living Wage Form Attachment E

Equal Benefits Certification of Compliance Attachment F

Right to Audit Form Attachment G

Insurance Endorsement Attachment H

Federalized Contract Attachment I

Required Federal Forms Checklist Attachment J o Cost Proposal Template Attachment J-1

o Consultant Proposal DBE Commitment Attachment J-2

o Disclosure of Lobbying Activities Attachment J-3

o Consultant Contract DBE Commitment Attachment J-4

o Consultant Certification of Contract Costs

and Financial Management System Attachment J-5

Notice to Proposers DBE Information Attachment K

Project Context Map Attachment L

Minimum Pilot Locations Attachment M



Revised June 2017

ATTACHMENT A

CHECKLIST

Proposal describing service (one (1) unbound original and six (6) unbound copies a digital copy on a USB drive)

Contractor Identification and Company Information

Client References

Client Work Samples

Federal Forms

Exhibit 10-H Attachment J-1

Exhibit 10-O1 Attachment J-2

Exhibit 10-Q Attachment J-3

The following forms, completed and signed in blue ink (attached):

o Non-Discrimination/Workforce Composition Form Attachment B

o Nuclear Free Disclosure Form Attachment C

o Oppressive States Form Attachment D

o Living Wage Form (may be optional) Attachment E

o Equal Benefits Ordinance Certification of Compliance (EBO-1) Attachment F

ADDITIONAL SUBMITTALS REQUIRED FROM SELECTED VENDOR AFTER COUNCIL

APPROVAL TO AWARD CONTRACT.

Provide original-signed in blue ink Evidence of Insurance

o Auto

o Liability

o Worker’s Compensation

Right to Audit Form Attachment G

Commercial General & Automobile Liability Endorsement Form Attachment H

Berkeley Business License

Federal Forms

o Exhibit 10-O2 Attachment J-4

o Exhibit 10-K Attachment J-5



Revised June 2017

NON-DISCRIMINATION/WORKFORCE COMPOSITION FORM FOR NON-CONSTRUCTION CONTRACTS

To assist the City of Berkeley in implementing its Non-Discrimination policy, it is requested that you furnish information

regarding your personnel as requested below and return it to the City Department handling your contract:

Organization: _____________________________________________________________________________________

Address: _______________________________________________________________

Business Lic. #: ___________

Occupational Category:

__________________________

(See reverse side for explanation of

terms)

Total

Employees

White

Employees

Black

Employees

Asian

Employees

Hispanic

Employees

Other

Employees

Female Male Female Male Female Male Female Male Female Male Female Male

Official/Administrators

Professionals

Technicians

Protective Service Workers

Para-Professionals

Office/Clerical

Skilled Craft Workers

Service/Maintenance

Other (specify)

Totals:

Is your business MBE/WBE/DBE certified? Yes _____ No _____ If yes, by what agency? _______________________

If yes, please specify: Male: _____ Female: _____ Indicate ethnic identifications: ___________________________

Do you have a Non-Discrimination policy? Yes: _____ No: _____

Signed: ________________________________________________________________ Date: __________________

Verified by: _____________________________________________________________ Date: __________________

City of Berkeley Contract Compliance Officer

Attachment B



Revised June 2017

Occupational Categories

Officials and Administrators - Occupations in which employees set broad policies, exercise overall responsibility

for execution of these policies, or provide specialized consultation on a regional, district or area basis. Includes:

department heads, bureau chiefs, division chiefs, directors, deputy superintendents, unit supervisors and kindred

workers.

Professionals - Occupations that require specialized and theoretical knowledge that is usually acquired through

college training or through work experience and other training that provides comparable knowledge. Includes:

personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists,

dietitians, lawyers, systems analysts, accountants, engineers, employment and vocational rehabilitation counselors,

teachers or instructors, and kindred workers.

Technicians - Occupations that require a combination of basic scientific or technical knowledge and manual skill

that can be obtained through specialized post-secondary school education or through equivalent on-the-job training.

Includes: computer programmers and operators, technical illustrators, highway technicians, technicians (medical,

dental, electronic, physical sciences) and kindred workers.

Protective Service Workers - Occupations in which workers are entrusted with public safety, security and

protection from destructive forces. Includes: police officers, fire fighters, guards, sheriffs, bailiffs, correctional

officers, detectives, marshals, harbor patrol officers, and kindred workers.

Para-Professionals - Occupations in which workers perform some of the duties of a professional or technician in a

supportive role, which usually requires less formal training and/or experience normally required for professional or

technical status. Such positions may fall within an identified pattern of a staff development and promotion under a

"New Transporters" concept. Includes: library assistants, research assistants, medical aides, child support workers,

police auxiliary, welfare service aides, recreation assistants, homemaker aides, home health aides, and kindred

workers.

Office and Clerical - Occupations in which workers are responsible for internal and external communication,

recording and retrieval of data and/or information and other paperwork required in an office. Includes:

bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearings

reporters, statistical clerks, dispatchers, license distributors, payroll clerks, and kindred workers.

Skilled Craft Workers - Occupations in which workers perform jobs which require special manual skill and a

thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-

job training and experience or through apprenticeship or other formal training programs. Includes: mechanics and

repairpersons, electricians, heavy equipment operators, stationary engineers, skilled machining occupations,

carpenters, compositors and typesetters, and kindred workers.

Service/Maintenance - Occupations in which workers perform duties which result in or contribute to the comfort,

convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings,

facilities or grounds of public property. Workers in this group may operate machinery. Includes: chauffeurs,

laundry and dry cleaning operatives, truck drivers, bus drivers, garage laborers, custodial personnel, gardeners and

groundskeepers, refuse collectors, and construction laborers.



Revised June 2017

CITY OF BERKELEY

Nuclear Free Zone Disclosure Form

I (we) certify that:

1. I am (we are) fully cognizant of any and all contracts held, products made or otherwise handled by

this business entity, and of any such that are anticipated to be entered into, produced or handled for

the duration of its contract(s) with the City of Berkeley. (To this end, more than one individual may

sign this disclosure form, if a description of which type of contracts each individual is cognizant is

attached.)

2. I (we) understand that Section 12.90.070 of the Nuclear Free Berkeley Act (Berkeley Municipal

Code Ch. 12.90; Ordinance No. 5784-N.S.) prohibits the City of Berkeley from contracting with any

person or business that knowingly engages in work for nuclear weapons.

3. I (we) understand the meaning of the following terms as set forth in Berkeley Municipal Code Section

12.90.130:

"Work for nuclear weapons" is any work the purpose of which is the development, testing,

production, maintenance or storage of nuclear weapons or the components of nuclear weapons; or

any secret or classified research or evaluation of nuclear weapons; or any operation, management or

administration of such work.

"Nuclear weapon" is any device, the intended explosion of which results from the energy released

by reactions involving atomic nuclei, either fission or fusion or both. This definition of nuclear

weapons includes the means of transporting, guiding, propelling or triggering the weapon if and only

if such means is destroyed or rendered useless in the normal propelling, triggering, or detonation of

the weapon.

"Component of a nuclear weapon" is any device, radioactive or non-radioactive, the primary intended

function of which is to contribute to the operation of a nuclear weapon (or be a part of a nuclear

weapon).

4. Neither this business entity nor its parent nor any of its subsidiaries engages in work for nuclear

weapons or anticipates entering into such work for the duration of its contract(s) with the City of

Berkeley.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California

that the foregoing is true and correct.

Printed Name: ___________________________________Title:______________________________________

Signature: _______________________________________Date:_____________________________________

Business Entity: ___________________________________________________________________________

Contract Description/Specification No: Data Collection and Analysis Services for the Residential Shared Parking

Pilot Project/ 18-11160-C

Attachment C



Revised June 2017

CITY OF BERKELEY

Oppressive States Compliance Statement

The undersigned, an authorized agent of__________________________________________________(hereafter "Vendor"),

has had an opportunity to review the requirements of Berkeley City Council Resolution No. 59,853-N.S. (hereafter

"Resolution"). Vendor understands and agrees that the City may choose with whom it will maintain business relations and may

refrain from contracting with those Business Entities which maintain business relationships with morally repugnant regimes.

Vendor understands the meaning of the following terms used in the Resolution:

"Business Entity" means "any individual, firm, partnership, corporation, association or any other commercial

organization, including parent-entities and wholly-owned subsidiaries" (to the extent that their operations are

related to the purpose of the contract with the City).

"Oppressive State" means: Tibet Autonomous Region and the Provinces of Ado, Kham and U-Tsang

“Personal Services” means “the performance of any work or labor and shall also include acting as an independent contractor or

providing any consulting advice or assistance, or otherwise acting as an agent pursuant to a contractual relationship.”

Contractor understands that it is not eligible to receive or retain a City contract if at the time the contract is executed, or at any

time during the term of the contract it provides Personal Services to:

a. The governing regime in any Oppressive State.

b. Any business or corporation organized under the authority of the governing regime of any Oppressive State.

c. Any person for the express purpose of assisting in business operations or trading with any public or private entity

located in any Oppressive State.

Vendor further understands and agrees that Vendor's failure to comply with the Resolution shall constitute a default of the

contract and the City Manager may terminate the contract and bar Vendor from bidding on future contracts with the City for

five (5) years from the effective date of the contract termination.

The undersigned is familiar with, or has made a reasonable effort to become familiar with, Vendor's business structure and the

geographic extent of its operations. By executing the Statement, Vendor certifies that it complies with the requirements of the

Resolution and that if any time during the term of the contract it ceases to comply, Vendor will promptly notify the City

Manager in writing.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Printed Name: ___________________________________Title:________________________________________

Signature: _______________________________________ Date:_______________________________________

Business Entity: ______________________________________________________________________________

Contract Description/Specification No.: Data Collection and Analysis Services for the Residential Shared Parking Pilot

Project/ 18-11160-C

I am unable to execute this Statement; however, Vendor is exempt under Section VII of the Resolution. I have attached a

separate statement explaining the reason(s) Vendor cannot comply and the basis for any requested exemption.

Signature: _______________________________________ Date:_______________________________________

Attachment D



Revised June 2017

CITY OF BERKELEY

Living Wage Certification for Providers of Services

TO BE COMPLETED BY ALL PERSONS OR ENTITIES ENGAGING IN A CONTRACT FOR PERSONAL

SERVICES WITH THE CITY OF BERKELEY.

The Berkeley Municipal Code Chapter 13.27, Berkeley's Living Wage Ordinance (LWO), provides that contractors who

engage in a specified amount of business with the City (except where specifically exempted) under contracts which furnish

services to or for the City in any twelve (12) month period of time shall comply with all provisions of this Ordinance. The

LWO requires a City contractor to provide City mandated minimum compensation to all eligible employees, as defined in the

Ordinance. In order to determine whether this contract is subject to the terms of the LWO, please respond to the questions

below. Please note that the LWO applies to those contracts where the contractor has achieved a cumulative dollar contracting

amount with the City. Therefore, even if the LWO is inapplicable to this contract, subsequent contracts may be subject to

compliance with the LWO. Furthermore, the contract may become subject to the LWO if the status of the Contractor's

employees change (i.e. additional employees are hired) so that Contractor falls within the scope of the Ordinance.

Section I.

1. IF YOU ARE A FOR-PROFIT BUSINESS, PLEASE ANSWER THE FOLLOWING QUESTIONS

a. During the previous twelve (12) months, have you entered into contracts, including the present contract, bid, or proposal,

with the City of Berkeley for a cumulative amount of $25,000.00 or more?

YES ____ NO ____

If no, this contract is NOT subject to the requirements of the LWO, and you may continue to Section II. If yes, please

continue to question 1(b).

b. Do you have six (6) or more employees, including part-time and stipend workers?

YES ____ NO ____

If you have answered, “YES” to questions 1(a) and 1(b) this contract IS subject to the LWO. If you responded "NO" to

1(b) this contract IS NOT subject to the LWO. Please continue to Section II.

2. IF YOU ARE A NON-PROFIT BUSINESS, AS DEFINED BY SECTION 501(C) OF THE INTERNAL

REVENUE CODE OF 1954, PLEASE ANSWER THE FOLLOWING QUESTIONS.

a. During the previous twelve (12) months, have you entered into contracts, including the present contract, bid or

proposal, with the City of Berkeley for a cumulative amount of $100,000.00 or more?

YES ____ NO ____

If no, this Contract is NOT subject to the requirements of the LWO, and you may continue to Section II. If yes, please

continue to question 2(b).

b. Do you have six (6) or more employees, including part-time and stipend workers?

YES ____ NO ____

If you have answered, “YES” to questions 2(a) and 2(b) this contract IS subject to the LWO. If you responded "NO" to

2(b) this contract IS NOT subject to the LWO. Please continue to Section II.

Section II

Please read, complete, and sign the following:

THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE.

THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE.

Attachment E



Revised June 2017

The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby

certifies that he or she is fully aware of Berkeley's Living Wage Ordinance, and the applicability of the Living Wage

Ordinance, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by

all of the terms of the Living Wage Ordinance, as mandated in the Berkeley Municipal Code, Chapter 13.27. If, at any time

during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the

LWO, Contractor will promptly notify the City Manager in writing. Contractor further understands and agrees that the failure

to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of

the Contract and the City Manager may terminate the contract and bar Contractor from future contracts with the City for five

(5) years from the effective date of the Contract termination. If the contractor is a for-profit business and the LWO is

applicable to this contract, the contractor must pay a living wage to all employees who spend 25% or more or their

compensated time engaged in work directly related to the contract with the City. If the contractor is a non-profit business and

the LWO is applicable to this contract, the contractor must pay a living wage to all employees who spend 50% or more or their

compensated time engaged in work directly related to the contract with the City.

These statements are made under penalty of perjury under the laws of the state of California.

Printed Name: ___________________________________Title:________________________________________

Signature: _______________________________________ Date:_______________________________________

Business Entity: ______________________________________________________________________________

Contract Description/Specification No: Data Collection and Analysis Services for the Residential Shared Parking Pilot

Project/ 18-11160-C

Section III

_____________________________________________________________________________________________

* * FOR ADMINISTRATIVE USE ONLY -- PLEASE PRINT CLEARLY * * *

I have reviewed this Living Wage Certification form, in addition to verifying Contractor's total dollar amount contract

commitments with the City in the past twelve (12) months, and determined that this Contract IS / IS NOT (circle one)

subject to Berkeley's Living Wage Ordinance.

_________________________________ _________________________________________

Department Name Department Representative

Attachment E Page 2



Revised June 2017

Form EBO-1 CITY OF BERKELEY

CERTIFICATION OF COMPLIANCE WITH EQUAL BENEFITS ORDINANCE If you are a contractor, return this form to the originating department/project manager. If you are a vendor (supplier of goods), return this form to the Purchasing Division of the Finance Dept.

SECTION 1. CONTRACTOR/VENDOR INFORMATION

Name: Vendor No.:

Address: City: State: ZIP:

Contact Person: Telephone:

E-mail Address: Fax No.:

SECTION 2. COMPLIANCE QUESTIONS

A. The EBO is inapplicable to this contract because the contractor/vendor has no employees. Yes No (If “Yes,” proceed to Section 5; if “No”, continue to the next question.)

B. Does your company provide (or make available at the employees’ expense) any employee benefits? Yes No

If “Yes,” continue to Question C. If “No,” proceed to Section 5. (The EBO is not applicable to you.)

C. Does your company provide (or make available at the employees’ expense) any benefits to

the spouse of an employee? ......................................................................................... Yes No D. Does your company provide (or make available at the employees’ expense) any benefits to

the domestic partner of an employee? .......................................................................... Yes No If you answered “No” to both Questions C and D, proceed to Section 5. (The EBO is not applicable to this contract.) If you answered “Yes” to both Questions C and D, please continue to Question E. If you answered “Yes” to Question C and “No” to Question D, please continue to Section 3.

E. Are the benefits that are available to the spouse of an employee identical to the benefits that

are available to the domestic partner of the employee? ............................................... Yes No If you answered “Yes,” proceed to Section 4. (You are in compliance with the EBO.) If you answered “No,” continue to Section 3.

SECTION 3. PROVISIONAL COMPLIANCE A. Contractor/vendor is not in compliance with the EBO now but will comply by the following date:

By the first effective date after the first open enrollment process following the contract start date, not to

exceed two years, if the Contractor submits evidence of taking reasonable measures to comply with the EBO; or

At such time that administrative steps can be taken to incorporate nondiscrimination in benefits in the

Contractor’s infrastructure, not to exceed three months; or

Upon expiration of the contractor’s current collective bargaining agreement(s).

To be completed by

Contractor/Vendor



Revised June 2017

B. If you have taken all reasonable measures to comply with the EBO but are unable to do so, do you agree to provide employees with a cash equivalent?* ..................................... Yes No

* The cash equivalent is the amount of money your company pays for spousal benefits that are unavailable for domestic partners.

SECTION 4. REQUIRED DOCUMENTATION

At time of issuance of purchase order or contract award, you may be required by the City to provide documentation (copy of employee handbook, eligibility statement from your plans, insurance provider statements, etc.) to verify that you do not discriminate in the provision of benefits.

SECTION 5. CERTIFICATION

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am authorized to bind this entity contractually. By signing this certification, I further agree to comply with all additional obligations of the Equal Benefits Ordinance that are set forth in the Berkeley Municipal Code and in the terms of the contract or purchase order with the City. Executed this _______day of _________________, in the year __________, at __________________, ________ (City) (State) _____________________________________ ______________________________________ Name (please print) Signature _____________________________________ ______________________________________ Title Federal ID or Social Security Number

FOR CITY OF BERKELEY USE ONLY

Non-Compliant (The City may not do business with this contractor/vendor)

One-Person Contractor/Vendor Full Compliance Reasonable Measures

Provisional Compliance Category, Full Compliance by Date: _________________________________________

Staff Name(Sign and Print): _____________________________________Date: ____________ ________________

_____________________

Attachment F



Revised June 2017

CITY OF BERKELEY

Right to Audit Form

The contractor agrees that pursuant to Section 61 of the Berkeley City Charter, the City Auditor’s office

may conduct an audit of Contractor’s financial, performance and compliance records maintained in

connection with the operations and services performed under this contract.

In the event of such audit, Contractor agrees to provide the Auditor with reasonable access to Contractor’s

employees and make all such financial, performance and compliance records available to the Auditor’s

office. City agrees to provide Contractor an opportunity to discuss and respond to/any findings before a

final audit report is filed.

Signed:______________________________________ Date:__________________

Print Name & Title:_______________________________________________________

Company:_______________________________________________________________


Pilot Project/ 18-11160-C

Please direct questions regarding this form to the Auditor's Office, at (510) 981-6750.

Attachment G



Revised June 2017

CITY OF BERKELEY

Commercial General and Automobile Liability Endorsement

The attached Certificates of Insurance are hereby certified to be a part of the following policies having the

following expiration dates:

Policy No. Company Providing Policy Expir. Date _______________ __________________________ _________

_______________ __________________________ _________

_______________ __________________________ _________

_______________ __________________________ _________

The scope of the insurance afforded by the policies designated in the attached certificates is not less than that

which is afforded by the Insurance Service Organization's or other "Standard Provisions" forms in use by the

insurance company in the territory in which coverage is afforded.

Such Policies provide for or are hereby amended to provide for the following:

1. The named insured is ________________________________________.

2. CITY OF BERKELEY ("City") is hereby included as an additional insured with respect to liability

arising out of the hazards or operations under or in connection with the following agreement:

_______________________________________________________.

The insurance provided applies as though separate policies are in effect for both the named insured

and City, but does not increase the limits of liability set forth in said policies.

3. The limits of liability under the policies are not less than those shown on the certificate to which this

endorsement is attached.

4. Cancellation or material reduction of this coverage will not be effective until thirty (30) days following

written notice to __________________________________, Department of

___________________________, Berkeley, CA.

5. This insurance is primary and insurer is not entitled to any contribution from insurance in effect for

City.

The term "City" includes successors and assigns of City and the officers, employees, agents and

volunteers.

_______________________________________

Insurance Company

Date: _____________ By: ______________________________________

Signature of Underwriter's

Authorized Representative


Pilot Project/ 18-11160-C Attachment H

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AGREEMENT FOR CONSULTING SERVICES This is an Agreement between the City of Berkeley, a Charter City organized and existing under the laws of the State of California ("City"), and ("Consultant"), a California [corporation, partnership, joint venture], doing business at who agree as follows: RECITALS WHEREAS, this Agreement sets forth the terms and conditions under which City shall obtain and Consultant will provide the services identified in Appendix "A" attached hereto; Now, THEREFORE, City and Consultant agree as follows: 1. DEFINITIONS

1.1 Where any word or phrase defined below, or a pronoun in place thereof, is used in any part of this Agreement, it shall have the meaning herein set forth.

1.1.1 Agreement: This Agreement together with all attachments and appendices and other

documents incorporated herein by reference.

1.1.2 Project: Total design of of which the Work performed under this Agreement may be whole or part.

1.1.3 Project Manager: Person or persons designated by City and authorized to act on City's

behalf with respect to this Agreement.

1.1.4 Work: The work described in Appendix A "Scope of Services", and made a part of this Agreement.

2. PERFORMANCE PERIOD

2.1 This contract shall go into effect on (DATE), contingent upon approval by City, and Consultant shall commence work after notification to proceed by City’s Project Manager. The contract shall end on (DATE), unless extended by contract amendment.

2.2 Consultant is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by City.

3. SERVICES CONSULTANT AGREES TO PERFORM

Consultant agrees to perform the services provided for in Appendix "A", as authorized from time to time by City in writing, in the manner provided in this Agreement. Time is of the essence in the performance of this Agreement.

4. ALLOWABLE COSTS AND PAYMENTS

4.1 As provided for in this section 4, at no time will Consultant be reimbursed for any amounts in excess of those amounts identified in the approved Cost Proposal.

4.2 The method of payment for this contract will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’s Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Cost Proposal. In the event that City determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by City shall be adjusted by contract amendment to accommodate the changed

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work. The maximum total cost as specified in Paragraph “4.8” shall not be exceeded, unless authorized by contract amendment.

4.3 In addition to the allowable incurred costs, City will pay Consultant a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.

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

4.5 When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Project Manager before exceeding such cost estimate.

4.6 Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article 12 Termination.

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

4.8 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City’s Project Manager, of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for in the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Article 36 Equipment Purchase of this contract. The final invoice should be submitted within 60 calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:

(City/NAME OF PROJECT MANAGER)

(ADDRESS)

4.9 The total amount payable by City including the fixed fee shall not exceed $(Amount).

4.10 Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by City’s Project Manager.

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

4.11 RETENTION OF FUNDS

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

b. No retainage will be withheld by the City from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultants and subconsultants.

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5. SUBCONTRACTING

5.1 Nothing contained in this contract or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to the Consultant.

5.2 Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City’s Project Manager, except that which is expressly identified in the approved Cost Proposal.

5.3 Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City.

5.4 All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.

5.5 Any substitution of subconsultant(s) must be approved in writing by City’s Project Manager prior to the start of work by the subconsultant(s).

6. REPRESENTATIONS

6.1 Consultant represents that it is qualified to perform the Work and that it possesses the necessary licenses and/or permits required to perform the Work or will obtain such licenses and/or permits prior to time such licenses and/or permits are required.

6.2 Consultant represents that the Work shall be performed in a professional manner and shall conform

to the standards of practice observed on similar, successfully completed projects by specialists in the Work to be provided. Consultant agrees that, if the Work is not so performed, in addition to all of its obligations under this Agreement and at law, Consultant shall reperform or replace unsatisfactory Work at no additional expense to City.

6.3 The granting of any progress payment by City, or the receipt thereof by Consultant, or any

inspection, review, approval or oral statement by any representative of City, or State certification, shall in no way waive or limit the certification obligations in this Paragraph or lessen the liability of Consultant to reperform or replace unsatisfactory Work, including but not limited to cases where the unsatisfactory character of such work may not have been apparent or detected at the time of such payment, inspection, review or approval.

6.4 Nothing in this Paragraph shall constitute a waiver or limitation of any right or remedy, whether in

equity or at law, which City or Consultant may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or other applicable law, shall be cumulative.

7. INDEMNIFICATION BY CONSULTANT

7.1 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 City), indemnify and hold harmless the City and its officers, agents, 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 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”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee, but shall apply to all other Liabilities. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees other than for Liabilities that are caused

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in whole or in part by the sole negligence, active negligence or willful misconduct of such Indemnitee.

8. LIABILITY OF CITY

8.1 Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the services performed in connection with this Agreement.

9. INDEPENDENT CONTRACTOR; PAYMENT OF TAXES AND OTHER EXPENSES

9.1 Consultant shall be deemed at all times to be an independent contractor and shall be wholly

responsible for the manner in which Consultant performs the services required of Consultant by the terms of this Agreement. Consultant shall be liable for its acts and omissions, and those of its employees and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Consultant.

9.2 Terms in this Agreement referring to direction from City shall be construed as providing for direction

as to policy and the result of Consultant's Work only and not as to the means or methods by which such a result is obtained.

9.3 Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer

rights or benefits on persons or entities not party to this Agreement.

9.4 Payment of any taxes, including California Sales and use Taxes, levied upon this Agreement, the transaction, or the services or goods delivered pursuant hereto, shall be the obligation of Consultant.

10. INSURANCE

10.1 Prior to the execution of this Agreement, Consultant shall furnish to City satisfactory proof that Consultant has taken out for the entire period covered by this Agreement, as further defined below, the following insurance in a form satisfactory to City and with an insurance carrier satisfactory to City, authorized to do business in California and rated by A. M. Best & Company A minus or better, financial category size seven (7) or better, which will protect those described below from claims described below which arise or are alleged to have arisen out of or result from the services of Consultant for which Consultant may be legally liable, whether performed by Consultant, or by those employed directly or indirectly by it, or by anyone for whose acts Consultant may be liable:

10.1.1 Commercial general liability insurance, written on an "occurrence" basis, which shall

provide coverage for bodily injury, death and property damage resulting from operations, products liability, blasting, explosion, collapse of buildings or structures, damage to underground structures and utilities, liability for slander, false arrest and invasion of privacy arising out of construction management operations, blanket contractual liability, broad form endorsement, a construction management endorsement, products and completed operations, personal and advertising liability, with per location limits of not less than $2,000,000 general aggregate and $2,000,000 each occurrence, subject to a deductible of not more than $25,000 payable by Consultant.

10.1.2 Business automobile liability insurance with limits not less than $1,000,000 each

occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than $10,000 payable by Consultant.

10.1.3 Full workers' compensation insurance for all persons whom Consultant may employ in

carrying out Work contemplated under Contract, in accordance with Act of Legislature of State of California, known as "Workers' Compensation Insurance and Safety Act", approved May 26, 1913, and all Acts amendatory or supplemental thereto. Workers' compensation policy shall include Employer Liability Insurance with limits not less than $1,000,000 each accident.

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10.1.4 Professional Liability Insurance, specific to this Project only, with limits not less than

$2,000,000 each claim with respect to negligent acts, errors or omissions in connection with professional services to be provided under this Agreement, and any deductible not to exceed $50,000 each claim, with no exclusion for claims of one insured against another insured.

10.2 Insurance policies shall contain an endorsement containing the following terms:

10.2.1 City, and its directors, officers, partners, representatives, employees, consultants, subconsultants and agents, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured.

10.2.2 The policies shall apply separately to each insured against whom claim is made or suit is

brought except with respect to the limits of the company's liability.

10.2.3 Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to City thirty (30) days in advance of the effective date thereof.

10.2.4 Insurance shall be primary insurance and no other insurance or self insured retention

carried or held by any named or additional insureds other than the Consultant shall be called upon to contribute to a loss covered by insurance for the named insured.

10.3 Certificates of Insurance and Endorsements shall have clearly typed thereon the title of the Contract,

shall clearly describe the coverage and shall contain a provision requiring the giving of written notice described above in subparagraph 10.2.3.

10.4 At the time of making an application for an extension of time, Consultant shall submit evidence that

insurance policies will be in effect during requested additional period of time.

10.5 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant or any of its permitted subcontractors or subconsultants may be held responsible for payment of damages resulting from their operations.

10.6 If Consultant fails to maintain any required insurance, City may take out such insurance, and deduct

and retain amount of premium from any sums due Consultant under this Agreement.

10.7 Consultant shall forward all insurance documents to, , Office of Capital Projects, 1947 Center Street, First Floor, Berkeley, CA 94704.

11. SUSPENSION OF WORK

City may, without cause, order Consultant, in writing, to suspend, delay or interrupt Work pursuant to this Agreement, in whole or in part, for such periods of time as City may determine, in its sole discretion. Suspension shall be effected by delivery to Consultant of a written notice of suspension specifying the extent to which performance of the Work under this Agreement is suspended, and the date upon which the suspension becomes effective, which shall be no less than seven (7) calendar days from the date the notice of suspension is delivered. Suspension of Work shall be treated as an excusable delay.

12. TERMINATION

12.1 City reserves the right to terminate this contract upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice.

12.2 City may terminate this contract with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed proper by City. If City terminates this contract with Consultant, City shall pay Consultant the sum due to Consultant under this contract prior to termination, unless the cost of completion to City exceeds the funds remaining in the

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contract. In which case the overage shall be deducted from any sum due Consultant under this contract and the balance, if any, shall be paid to Consultant upon demand.

12.3 The maximum amount for which the CITY shall be liable if this contract is terminated is _____ dollars.

13. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

13.1 Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.

13.2 Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18,

Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

13.3 Any costs for which payment has been made to Consultant that are determined by subsequent audit to

be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City.

14. PROPRIETARY OR CONFIDENTIAL INFORMATION OF CITY

Consultant understands and agrees that, in the performance of the services under this Agreement or in the contemplation thereof, Consultant may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Consultant agrees that all information disclosed by City to Consultant shall be held in confidence and used only in performance of the Agreement. Consultant shall exercise the same standard of care to protect such information as a reasonably prudent consultant would use to protect its own proprietary data.

15. NOTICES TO THE PARTIES

All notices to be given by the parties hereto shall be in writing and effective when served by depositing same in the United States Post Office, postage prepaid and addressed as follows:

To City:

To Consultant:

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16. OWNERSHIP OF RESULTS/WORKS FOR HIRE

16.1 When this Agreement is terminated, Consultant agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its services under this Agreement. All materials shall be returned in the same condition as received.

16.2 Any interest of Consultant or its subcontractors or subconsultants, in studies, reports, memoranda,

computational sheets or other documents prepared by Consultant or its subcontractors or subconsultants in connection with services to be performed under this Agreement shall become the property of City. Consultant may, however, retain one copy for its files.

16.3 Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems

designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes or any original works of authorship created by Consultant or its subcontractors or subconsultants in connection with services performed under this Agreement shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event that it is ever determined that any such works created by Consultant or its subcontractors or subconsultants under this Agreement are not works for hire under U.S. law, Consultant hereby assigns all copyrights to such works to City. With the prior written approval of City's Project Manager, Consultant may retain and use copies of such works for reference and as documentation of its experience and capabilities.

17. RETENTION OF RECORDS/AUDIT

For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and it’s certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

18. DISPUTES

18.1 Should any question arise as to the meaning and intent of this Agreement, the question shall, prior to any other action or resort to any other legal remedy, be referred to the City's Project Manager and a principal of the Consultant who shall decide the true meaning and intent of the Agreement. Such referral may be initiated by written request from either party and a meeting between the City's Project Manager and principal of the Consultant shall take place within five days of the request.

18.2 Consultant shall continue its Work throughout the course of any and all disputes, and Consultant's

failure to continue work during any and all disputes shall be considered a material breach of this Agreement, provided City continues to make payment to Consultant for undisputed work completed by Consultant. Consultant further agrees that should Consultant stop work due to a dispute or disputes, any and all claims, whether in law or in equity Consultant may have against City, their officers, agents, representatives, and employees, whether such claims are pending, anticipated or otherwise, shall be deemed to have been waived and forever barred.

19. AGREEMENT MADE IN CALIFORNIA/VENUE

19.1 This Agreement shall be deemed to have been executed in Alameda County. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of

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California, excluding its conflict of laws rules. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in Alameda County, California.

19.2 This Agreement shall be executed in duplicate. One duplicate original shall be retained by City and

one duplicate original shall be given to Consultant. 20. CONFORMITY WITH LAW AND SAFETY

20.1 Consultant shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the American with Disabilities Act, any copyright, patent or trademark law and all other applicable federal, state, municipal and local safety regulations. All services performed by Consultant must be in accordance with these laws, ordinances, codes and regulations. Consultant’s failure to comply with any laws, ordinances, codes or regulations applicable to the performance of the work hereunder shall constitute a breach of contract.

20.2 If a death, serious personal injury or substantial property damage occurs in connection with the

performance of this Contract, Consultant shall immediately notify the City's Risk Manager by telephone. If any accident occurs in connection with this Contract, Consultant shall promptly submit a written report to City, in such form as the City may require. This report shall include the following information: 1) name and address of the injured or deceased person(s); 2) name and address of Consultant's subcontractor or subconsultant, if any; 3) name and address of Consultant's liability insurance carrier; and 4) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.

20.3 If a release of hazardous materials or hazardous waste that cannot be controlled occurs in connection

with the performance of this Contract, Consultant shall immediately notify the Berkeley Police Department and the City's Health Protection office.

20.4 Consultant shall not store hazardous materials or hazardous waste within the City of Berkeley

without a proper permit from the City.

21. MATERIAL SAFETY DATA SHEETS

21.1 To comply with the City's Hazardous Communication Program, Consultant agrees to submit Material Safety Data Sheets (MSDS) for all "hazardous substances" Consultant intends to use in the performance of work under this Contract in any City facility. "Hazardous substances" are defined as those substances so designated by the Director of Industrial Relations pursuant to the Hazardous Substances Information and Training Act (Labor Code sec. 6360 et seq.). The MSDS for all products must be submitted to the City before commencing work. The MSDS for a particular product must be reviewed and approved by the City's Risk Manager before Consultant may use that product.

21.2 City will inform Consultant about hazardous substances to which it may be exposed while on the job

site and protective measures that can be taken to reduce the possibility of exposure.

22. NON-DISCRIMINATION

Consultant hereby agrees to comply with the provisions of Berkeley Municipal Code ("B.M.C.") Chapter 13.26 as amended from time to time. In the performance of this Contract, Consultant agrees as follows:

22.1 Consultant shall not discriminate against any employee or applicant for employment because of race,

color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS.

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22.2 Consultant shall permit the City access to records of employment, employment advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of the City, are necessary to monitor compliance with this non-discrimination provision. In addition, Consultant shall fill-out, in a timely fashion, forms supplied by the City to monitor this non-discrimination provision.

23. CONFLICT OF INTEREST

23.1 Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow.

23.2 Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business

interest that would conflict with the performance of services under this contract. 24. NUCLEAR FREE BERKELEY

Consultant agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act, as amended from time to time.

25. OPPRESSIVE STATES CONTRACTING PROHIBITION

25.1 In accordance with Resolution No. 59,853-N.S., Consultant certifies that it has no contractual relations with, and agrees during the term of this Contract to forego contractual relations to provide personal services to, the following entities:

(1) The governing regime in any Oppressive State. (2) Any business or corporation organized under the authority of the governing regime of any

Oppressive State. (3) Any individual, firm, partnership, corporation, association, or any other commercial

organization, including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of its contract with the City), for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State.

25.2 Appendix A to Resolution No. 59,853-N.S. designates the following as Oppressive States for the

purposes of this contract: Tibet Autonomous Region and the provinces of Ado, Kham, and Ü-Tsang. 25.3 Consultant’s failure to comply with this section shall constitute a default of this Contract and City

may terminate this Contract pursuant to Section 12. In the event that the City terminates Consultant due to a default under this provision, City may deem Consultant a non-responsible bidder for five (5) years from the date this Contract is terminated.

26. RECYCLED PAPER FOR WRITTEN REPORTS

If Consultant is required by this Contract to prepare a written report or study, Consultant shall use recycled paper for said report or study when such paper is available at a cost of not more than ten percent more than the cost of virgin paper, and when such paper is available at the time it is needed. For the purposes of this Contract, recycled paper is paper that contains at least 50% recycled product. If recycled paper is not available, Consultant shall use white paper. Written reports or studies prepared under this Contract shall be printed on both sides of the paper whenever practical.

27. BERKELEY LIVING WAGE ORDINANCE

27.1. Consultant hereby agrees to comply with the provisions of the Berkeley Living Wage Ordinance, B.M.C. Chapter 13.27. If Consultant is currently subject to the Berkeley Living Wage Ordinance, as indicated by the Living Wage Certification form, attached hereto, Consultant will be required to provide all eligible employees with City mandated minimum compensation during the term of this Contract, as

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defined in B.M.C. Chapter 13.27, as well as comply with the terms enumerated herein. Consultant expressly acknowledges that, even if Consultant is not currently subject to the Living Wage Ordinance, cumulative contracts with City may subject Consultant to the requirements under B.M.C. Chapter 13.27 in subsequent contracts.

27.2. If Consultant is currently subject to the Berkeley Living Wage Ordinance, Consultant shall

be required to maintain monthly records of those employees providing service under the Contract. These records shall include the total number of hours worked, the number of hours spent providing service under this Contract, the hourly rate paid, and the amount paid by Consultant for health benefits, if any, for each of its employees providing services under the Contract. Consultant agrees to supply City with any records it deems necessary to determine compliance with this provision. These records are expressly subject to the auditing terms described in Section 17.

27.3. If Consultant is currently subject to the Berkeley Living Wage Ordinance, Consultant shall

include the requirements thereof, as defined in B.M.C. Chapter 13.27, in any and all subcontracts in which Consultant engages to execute its responsibilities under this Contract. All subcontractor or subconsultant employees who spend 25% or more of their compensated time engaged in work directly related to this Contract shall be entitled to a living wage, as described in B.M.C. Chapter 13.27 and herein.

27.4. If Consultant fails to comply with the requirements of this Section, the City shall have the

rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

27.5. Consultant's failure to comply with this Section shall constitute a material breach of the Contract, upon which City may terminate this Contract pursuant to Section 12. In the event that City terminates Consultant due to a default under this provision, City may deem Consultant a non-responsible bidder for not more than five (5) years from the date this Contract is terminated.

In addition, at City's sole discretion, Consultant may be responsible for liquidated damage in the amount of $50 per employee per day for each and every instance of an underpayment to an employee. It is mutually understood and agreed that Consultant's failure to pay any of its eligible employees at least the applicable living wage rate will result in damages being sustained by the City; that the nature and amount of the damages will be extremely difficult and impractical to fix; that the liquidated damage set forth herein is the nearest and most exact measure of damage for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty of forfeiture for Consultant's breach. City may deduct any assessed liquidated damages from any payments otherwise due Consultant.

28. BERKELEY EQUAL BENEFITS ORDINANCE

28.1. Consultant hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29. If Consultant is currently subject to the Berkeley Equal Benefits Ordinance, as indicated by the Equal Benefits Certification form, attached hereto, Consultant will be required to provide all eligible employees with City mandated equal benefits, as defined in B.M.C. Chapter 13.29, during the term of this contract, as well as comply with the terms enumerated herein.

28.2. If Consultant is currently or becomes subject to the Berkeley Equal Benefits Ordinance,

Consultant agrees to provide the City with all records the City deems necessary to determine compliance with this provision. These records are expressly subject to the auditing terms described in Section 17 of this contract.

28.3. If Consultant fails to comply with the requirements of this Section, City shall have the

rights and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

28.4. Consultant’s failure to comply with this Section shall constitute a material breach of the Contract, upon which City may terminate this contract pursuant to Sections 12. In the event the City

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terminates this contract due to a default by Consultant under this provision, the City may deem Consultant a non-responsible bidder for not more than five (5) years from the date this Contract is terminated.

In addition, at City’s sole discretion, Consultant may be responsible for liquidated damages in the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Consultant’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Consultant’s breach. City may deduct any assessed liquidated damages from any payments otherwise due Consultant.

29. STATE PREVAILING WAGE RATES

The State of California’s General Prevailing Wage Rates are not applicable to this contract. 30. SETOFF AGAINST DEBTS

Consultant agrees that City may deduct from any payments due to Consultant under this Contract any monies that consultant owes City under any ordinance, contract or resolution for any unpaid taxes, fees, licenses, unpaid checks or other amounts.

31. Consultants TO SUBMIT STATEMENTS OF ECONOMIC INTEREST

The City's Conflict of Interest Code, Resolution No. 60,788-N.S., as amended, requires consultants who make a governmental decision or act in a staff capacity as defined in 2 Cal. Code of Regs. § 18700, as amended from time to time, to disclose conflicts of interest by filing a Statement of Economic Interest (Form 700). Consultants agree to file such statements with the City Clerk at the beginning of the contract period and upon termination of the Consultant's service.

32. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER

Consultant has obtained a City business license as required by B.M.C. Chapter 9.04, and its license number is written below; or, Consultant is exempt from the provisions of B.M.C. Chapter 9.04 and has written below the specific B.M.C. section under which it is exempt. Consultant shall pay all state and federal income taxes and any other taxes due. Consultant certifies under penalty of perjury that the taxpayer identification number written below is correct.

33. MISCELLANEOUS

33.1 The Agreement, and any written modification to the Agreement, shall represent the entire and integrated Agreement between the parties hereto regarding the subject matter of this Agreement and shall constitute the exclusive statement of the terms of the parties' Agreement. The Agreement, and any written modification to the Agreement, shall supersede any and all prior negotiations, representations or agreements, either written or oral, express or implied, that relate in any way to the subject matter of this Agreement or written modification, and the parties represent and agree that they are entering into this Agreement and any subsequent written modification in sole reliance upon the information set forth in the Agreement or written modification and the parties are not and will not rely on any other information.

33.2 Either party's waiver of any breach, or the omission or failure of either party, at any time, to

enforce any right reserved to it, or to require performance of any of the terms, covenants, conditions or other provisions of this Agreement, including the timing of any such performance, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof, any course of dealing or custom of the trade or oral representations notwithstanding. This Agreement may not be modified, nor may

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compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of City and the Consultant.

33.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this

Agreement, any applicable statute of limitations shall commence to run on the date of issuance by City's Project Manager of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.

33.4 Any provisions or portions thereof of this Agreement prohibited by, or made unlawful or

unenforceable under any applicable law of any jurisdiction, shall as to such jurisdiction be ineffective without affecting other provisions or portions thereof of this Agreement. If the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement may be deemed to be a valid and binding agreement enforceable in accordance with its terms. If any provisions or portion thereof of this Agreement are prohibited by, or made unlawful or unenforceable under any applicable law and are therefore stricken or deemed waived, the remainder of this Agreement shall be interpreted to achieve the goals or intent of the stricken or waived provisions or portions thereof to the extent such interpretation is consistent with applicable law.

34. SEVERABILITY

34.1 If any part of this Agreement or the application thereof is declared invalid for any reason, such

invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared to be severable.

35. AUDIT REVIEW PROCEDURES

35.1 Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by City’s Finance Director.

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

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

(The following AUDIT CLAUSE must be inserted into all contracts of $150,000 or greater)

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

36. EQUIPMENT PURCHASE 36.1 Prior authorization in writing by City’s Project Manager shall be required before Consultant enters

into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.

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36.2 For purchase of any item, service or consulting work not covered in Consultant’s Cost Proposal and exceeding $5,000 prior authorization by City’s Project Manager; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

36.3 Any equipment purchased as a result of this contract is subject to the following: “Consultant shall

maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.” 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

37. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

38. STATEMENT OF COMPLIANCE 38.1 Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of

perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103 and Berkeley Municipal Code Section 13.26.

38.2 During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

38.3 The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

38.4 The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment.

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39. DEBARMENT AND SUSPENSION CERTIFICATION

39.1 Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City.

39.2 Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

39.3 Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration.

40. FUNDING REQUIREMENTS 40.1 It is mutually understood between the parties that this contract may have been written before

ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.

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

40.3 It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds and the City has the option to void the contract under the 30-day termination clause pursuant to Article 12, or by mutual agreement to amend the contract to reflect any reduction of funds.

41. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION 41.1 This contract is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business

Enterprises in Department of Transportation Financial Assistance Programs”. Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

41.2 The goal for DBE participation for this contract is 18%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

41.3 DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by Consultant to carry out these requirements is a material breach of this contract which may result in the termination of this contract or such other remedy as City deems appropriate.

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

41.5 A DBE firm may be terminated only with prior written approval from City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f).

41.6 A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with

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respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

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

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

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

41.10 Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by Consultant or Consultant’s authorized representative and shall be furnished to the Project Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Project Manager.

41.11 If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to City’s Project Manager within 30 days.

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

43. INSPECTION OF WORK Consultant and any subconsultant shall permit City, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis.

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

45. EVALUATION OF CONSULTANT

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Consultant’s performance will be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the contract record.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day first mentioned above. THE CITY OF BERKELEY By:_____________________________________

CITY MANAGER Registered by: Pre-approved as to form: CITY ATTORNEY 2/2015 CITY AUDITOR Attest: CITY CLERK [ Consultant NAME ] By:___________________________________________________ Printed name and title of signatory, if different from consultant name Taxpayer Identification No. Berkeley Business License No. Incorporated: Yes____ No_____

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Certified Woman Business Enterprise: Yes ____ No _____ Certified Minority Business Enterprise: Yes_____ No_____

If yes, state ethnicity:_______________ Certified Disadvantaged Business Enterprise: Yes____ No____




Attachment J Required Federal Forms Checklist

The following forms are to be submitted with the Proposal:

1. Exhibit 10-H Cost Proposal

2. Exhibit 10-O1 Consultant Proposal DBE Commitment

3. Exhibit 10-Q Disclosure of Lobbying Activities

The following forms are to be submitted by the successful Proposer:

4. Exhibit 10-O2 Consultant Contract DBE Commitment

5. Exhibit 10-K Consultant Certification of Contract Costs and Financial Management System


Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal

Page 1 of 9 January 2018

EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (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

(Project Manager)* ____________________________ ________ $ _____________ $ _____________ (Sr. Civil Engineer) ____________________________ ________ $ _____________ $ _____________ (Envir. Scientist) ____________________________ ________ $ _____________ $ _____________ (Inspector)** ____________________________ ________ $ _____________ $ _____________

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: _____%) e) Total Fringe Benefits [(c) x (d)] $ _______________

Overhead (Rate: _____%) g) Overhead [(c) x (f)] $ _______________

h) General and Administrative (Rate: _____%) i) Gen & Admin [(c) x (h)] $ _______________

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

FIXED FEE 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

Mileage Costs $ $ Equipment Rental and Supplies $ $ Permit Fees $ $ Plan Sheets $ $ Test $ $

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 markedwith 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 theconsultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

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




ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (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 Subtotal per Cost

Proposal

Total Hours per Cost Proposal

Avg Hourly Rate

5 Year Contract Duration

$250,000.00 5000 = $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 Each Year

Total Hours per Cost Proposal

Total Hours per Year

Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1 Year 2 40.0% * 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 Year 5 10.0% * 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 (calculated above)

Estimated hours (calculated above)

Cost per 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 Year 5 $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 Increase

= $7,871.10

Transfer to Page 1

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 not acceptable.

(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.




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 contract3. Title 23 United States Code Section 112 - Letting of Contracts4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of

Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency 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 levelno 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 providing 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

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

Local Assistance Procedures Manual Exhibit 10-O1 Consultant Proposal DBE Commitment

Page 1 of 2 July 23, 2015

EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE:

7. Description of Work, Service, or Materials Supplied

8. DBE Certification

Number 9. DBE Contact Information 10. DBE %

Local Agency to Complete this Section

11. TOTAL CLAIMED DBE PARTICIPATION % 17. Local Agency Contract Number:

18. Federal-Aid Project Number:

19. Proposed Contract Execution Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

20. Local Agency Representative's Signature 21. Date

12. Preparer's Signature 13. Date

22. Local Agency Representative's Name 23. Phone

14. Preparer's Name 15. Phone

24. Local Agency Representative's Title

16. Preparer's Title

DISTRIBUTION: Original – Included with consultant’s proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-

3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

Local Assistance Procedures Manual Exhibit 10-O1 Consultant Proposal DBE Commitment


INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant’s Name - Enter the consultant’s firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant’s name and phone number, if the prime is a DBE. 10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name. 13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer. 14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form. 15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form. 16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 18. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 19. Proposed Contract Execution Date - Enter the proposed contract execution date. 20. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 21. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 22. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form. 23. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form. 24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

Local Assistance Procedures Manual EXHBIT 10-Q

Disclosure of Lobbying Activities

Page 1

LPP 13-01 May 8, 2013

EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES

COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

a. contract

a. bid/offer/application

a. initial

b. grant b. initial award b. material change

c. cooperative agreement c. post-award

d. loan For Material Change Only: e. loan guarantee year ____ quarter _________

f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,

Enter Name and Address of Prime:

Prime Subawardee

Tier _______ , if known Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services

(If individual, last name, first name, MI) (including address if different from No. 10)

(last name, first name, MI)

(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)

$ _____________ actual planned a. retainer

b. one-time fee

13. Form of Payment (check all that apply): c. commission

a. cash d. contingent fee

b. in-kind; specify: nature _______________ e deferred

Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:


16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title

31 U.S.C. Section 1352. This disclosure of lobbying reliance

was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C.

1352. This information will be reported to Congress semiannually and will be available for public inspection. Any

person who fails to file the required disclosure shall be subject

to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________

Print Name: _______________________________________

Title: ____________________________________________

Telephone No.: ____________________ Date: ___________

Authorized for Local Reproduction

Federal Use Only: Standard Form - LLL

Standard Form LLL Rev. 04-28-06

Distribution: Orig- Local Agency Project Files



Page 2

LPP 13-01 May 8, 2013

INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the

initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.

The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or

attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or

an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional

information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material

change report. Refer to the implementing guidance published by the Office of Management and Budget for additional

information.

1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a

covered federal action.

2. Identify the status of the covered federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information

previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted

report by this reporting entity for this covered federal action.

4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the

appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the

tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:

subcontracts, subgrants, and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of

the prime federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below

agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal

Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for

Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number,

the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount

of the award/loan commitments for the prime entity identified in item 4 or 5.

10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to

influence the covered federal action.

11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name,

First Name and Middle Initial (Ml).

12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity

(Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is

a material change report, enter the cumulative amount of payment made or planned to be made.

13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind

payment.

14. Check all boxes that apply. If other, specify nature.

15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the

date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal

officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that

were contacted.

16. Check whether or not a continuation sheet(s) is attached.

17. The certifying official shall sign and date the form, and print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing

instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of

information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for

reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-

LLL-Instructions Rev. 06-04



Page 1

LPP 13-01 May 8, 2013

EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES

COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

a. contract

a. bid/offer/application

a. initial

b. grant b. initial award b. material change

c. cooperative agreement c. post-award

d. loan For Material Change Only: e. loan guarantee year ____ quarter _________

f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,

Enter Name and Address of Prime:

Prime Subawardee

Tier _______ , if known Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services

(If individual, last name, first name, MI) (including address if different from No. 10)

(last name, first name, MI)


12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply)

$ _____________ actual planned a. retainer

b. one-time fee

13. Form of Payment (check all that apply): c. commission

a. cash d. contingent fee

b. in-kind; specify: nature _______________ e deferred

Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:


16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title

31 U.S.C. Section 1352. This disclosure of lobbying reliance

was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C.

1352. This information will be reported to Congress semiannually and will be available for public inspection. Any

person who fails to file the required disclosure shall be subject

to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________

Print Name: _______________________________________

Title: ____________________________________________

Telephone No.: ____________________ Date: ___________

Authorized for Local Reproduction

Federal Use Only: Standard Form - LLL

Standard Form LLL Rev. 04-28-06

Distribution: Orig- Local Agency Project Files



Page 2

LPP 13-01 May 8, 2013

INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the

initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.

The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or

attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or

an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional

information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material

change report. Refer to the implementing guidance published by the Office of Management and Budget for additional

information.

1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a

covered federal action.

2. Identify the status of the covered federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information

previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted

report by this reporting entity for this covered federal action.

4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the

appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the

tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:

subcontracts, subgrants, and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of

the prime federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below

agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal

Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for

Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number,

the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount

of the award/loan commitments for the prime entity identified in item 4 or 5.

10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to

influence the covered federal action.

11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name,

First Name and Middle Initial (Ml).

12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity

(Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is

a material change report, enter the cumulative amount of payment made or planned to be made.

13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind

payment.

14. Check all boxes that apply. If other, specify nature.

15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the

date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal

officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that

were contacted.

16. Check whether or not a continuation sheet(s) is attached.

17. The certifying official shall sign and date the form, and print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing

instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of

information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for

reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-

LLL-Instructions Rev. 06-04

Local Assistance Procedures Manual Exhibit 10-O2 Consultant Contract DBE Commitment


EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount: 8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials Supplied

11. DBE Certification

Number 12. DBE Contact Information

13. DBE Dollar

Amount

Local Agency to Complete this Section

14. TOTAL CLAIMED DBE PARTICIPATION

$ 20. Local Agency Contract Number:

21. Federal-Aid Project Number:

%

22. Contract Execution Date:

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.

23. Local Agency Representative's Signature 24. Date

15. Preparer's Signature 16. Date

25. Local Agency Representative's Name 26. Phone

17. Preparer's Name 18. Phone

27. Local Agency Representative's Title 19. Preparer's Title

DISTRIBUTION: 1. Original – Local Agency 2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-

3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

Local Assistance Procedures Manual Exhibit 10-O2 Consultant Contract DBE Commitment


INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT

CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant’s Name - Enter the consultant’s firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant’s name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer. 17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form. 19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.

Local Assistance Procedures Manual EXHIBIT 10-K

Consultant Certification of Contract Costs and Financial Management System

Page 1 of 2

LPP 15-01 January 14, 2015

EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL

MANAGEMENT SYSTEM

(Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment 1 of

DLA-OB 13-07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found at

http://www.dot.ca.gov/hq/LocalPrograms/DLA_OB/DLA_OB.htm in lieu of this form.)

Certification of Final Indirect Costs:

Consultant Firm Name: _____________________________________________________

Indirect Cost Rate: _______________ * for fiscal period _____________________________________

*Fiscal period covered for Indirect Cost Rate developed (not the contract period).

Local Government: ____________________________________

Contract Number: _______________________ Project Number: _________________________

I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal

period as specified above and to the best of my knowledge and belief:

1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in

accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48,

Code of Federal Regulations (CFR), Part 31.

2. This proposal does not include any costs which are expressly unallowable under the cost

principles of the FAR of 48 CFR, Part 31.

All known material transactions or events that have occurred affecting the firm’s ownership, organization, and

Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above.

Certification of Financial Management System:

I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets

the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of

Title 49, CFR, Part 18.20 to the extent applicable to Consultant.

Certification of Dollar Amount for all A&E Contracts:

I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a

California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies

is $________________________ and the number of states in which the firm does business is ________.

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 reasonable, allowable and allocable to the contract in accordance with the cost

principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be:

http://www.dot.ca.gov/hq/LocalPrograms/DLA_OB/DLA_OB.htm

Local Assistance Procedures Manual EXHIBIT 10-K

Consultant Certification of Contract Costs and Financial Management System

Page 2 of 2

LPP 15-01 January 14, 2015

1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated

by the Cost Accounting Standards Board (when applicable).

2. Compliant with the terms of the contract and is incurred specifically for the contract.

3. Not prohibited by 23 CFR, Chapter 1, Part 172 – Administration of Engineering and Design

Related Service Contracts to the extent requirements are applicable to Consultant.

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be

retained in the project files.

Subconsultants (if applicable)

Proposed Contract Amount (or amount not to exceed if on-call contract): $ ____________________

Prime Consultants (if applicable)

Proposed Total Contract Amount (or amount not to exceed if on-call contract): $ ________________

Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):

_______________________________________ $_____________________

_______________________________________ $_____________________

_______________________________________ $_____________________

_______________________________________ $_____________________

_______________________________________ $_____________________

Consultant Certifying (Print Name and Title):

Name: ________________________________________________________________________

Title: _________________________________________________________________________

Consultant Certification Signature **: ______________________________________________

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

Consultant Contact Information:

Email: ______________________________________________________________

Phone number: _______________________________________

**An individual executive or financial officer of the consultant’s organization at a level no lower than a Vice

President or Chief Financial Officer, or equivalent, who has authority to represent the financial information

utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract.

Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cost Principles contained in 48 CFR, Part 31.

23 CFR Part 172.3 Definitions state: Consultant means the individual or firm providing engineering and design related services as a party

to the contract. Therefore, subconsultants as parties of a contract must complete a certification and send originals to A&I and keep copies

in Local Agency Project Files.

Distribution: 1) Original to Caltrans Audits and Investigations

2) Retained in Local Agency Project Files




EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION

The City of Berkeley has established a DBE goal for this Contract of 18 %.

1. TERMS AS USED IN THIS DOCUMENT

The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern

owned 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.

2. AUTHORITY AND RESPONSIBILITY

A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts

financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged

Business Enterprises in Department of Transportation Financial Assistance Programs”). The Consultant

must ensure that DBEs and other small businesses have the opportunity to participate in the performance

of the work that is the subject of this solicitation and should take all necessary and reasonable 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 by DBEs.

3. SUBMISSION OF DBE INFORMATION

If there is a DBE goal on the contract, Exhibit 10-O1 Consultant Proposal DBE Commitment must be

included in the Request for 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 the

contract goal; therefore, all DBE participation shall be collected and reported.

Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if

no DBE participation will be reported, the successful proposer must execute and return the form.





4. 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 the

California Unified Certification Program (CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor

of 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 a

combination 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 or

trucking companies.

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

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 Business and Economic

Opportunity Web site at: http://www.dot.ca.gov/hq/bep/.

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.


http://www.dot.ca.gov/hq/bep/




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.


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Zone J Zone D

Zone B

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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX,

Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

Attachment L: Project Context Map

¯0 1,000 Feet

General Residential

Shared Parking Pilot Area

Existing Residential

Preferential Parking (RPP)

Areas

Existing goBerkeley

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Bancroft Way

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ATTACHMENT MMINIMUM PILOT LOCATIONS

Disclaimer: This map was created for reference purpopses only. Note: The dark red blockfaces are the minimum expected pilot locations and manual data collection areas. Date created: January 2018

Public Works Department - Transportation 1947 Center Street, Berkeley CA 94704(510) 981-7010

CITY OF BERKELEY

N

Legend

RPP block faces - minimum pilot locations

Other RPP block facesMetered block facesRPP Boundaries

0 660 1,320330 Feet

BERKELEY

ALBANY

OAKLANDEMERYVILLE

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