RFP 58626 Crosstown Class IV Corridors Study

expired opportunity(Expired)
From: San Leandro(City)
58626

Basic Details

started - 07 Dec, 2020 (about 3 years ago)

Start Date

07 Dec, 2020 (about 3 years ago)
due - 13 Jan, 2021 (about 3 years ago)

Due Date

13 Jan, 2021 (about 3 years ago)
Bid Notification

Type

Bid Notification
58626

Identifier

58626
City of San Leandro

Customer / Agency

City of San Leandro
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REQUEST FOR PROPOSALS FOR CROSSTOWN CLASS IV CORRIDORS STUDY RFP NO. #58626 RFP Issue Date: Monday, December 21, 2020 Proposal Submittal Due Date: 5:00 PM, Wednesday, January 13, 2020 sperez@sanleandro.org Purchasing Office, San Leandro City Hall, 835 E. 14th Street, San Leandro, CA 94577 RFP No. #58626 Page 2 of 14 TABLE OF CONTENTS Page I. INTRODUCTION ......................................................................................................... 3 II. BACKGROUND ........................................................................................................... 3 III. PROJECT OVERVIEW AND OBJECTIVES ............................................................. 3 IV. SCOPE OF SERVICES ................................................................................................ 4 V. PROPOSAL REQUIREMENTS ................................................................................... 9 VI. SUBMITTAL
REQUIREMENTS .............................................................................. 11 VII. ESTIMATED SCHEDULE ........................................................................................ 12 VIII. EVALUATION OF PROPOSALS ............................................................................. 12 IX. DELIVERABLES REQUIRED OF SELECTED CONSULTANT ........................... 14 X. CONDITIONS ............................................................................................................. 14 ATTACHMENT A Consultant Services Agreement (23 pages) ATTACHMENT B Living Wage Ordinance (LWO) (5 pages) ATTACHMENT C Living Wage Self Verification Form (2 pages) ATTACHMENT D Project Map (1 page) ATTACHMENT E Sustainable Communities Grant (State) Restricted Grant Agreement (105 pages) RFP No. #58626 Page 3 of 14 REQUEST FOR PROPOSALS CROSSTOWN CLASS IV CORRIDORS STUDY The City of San Leandro desires to solicit qualified proposals to prepare a planning study in accordance with this Request for Proposals (RFP). I. INTRODUCTION The City of San Leandro seeks proposals from qualified firms, consultants, or consultant teams to perform professional consulting and planning services related to the implementation of the Sustainable Transportation Planning grant requirements funded by the California Department of Transportation. II. BACKGROUND The Crosstown Class IV Corridors study project was identified as a high priority in the 2018 Update of the Bicycle and Pedestrian Master Plan (BPMP) based on a robust public planning process, review of existing data, and on the ground conditions. The City has been awarded a Sustainable Transportation Planning Grant to study the implementation of Class IV bicycle lanes on Bancroft Avenue and Williams Street. Bancroft Avenue is a 2.7 mile-long cross-town street in San Leandro. Uses along Bancroft are primarily residential, with pockets of commercial. Additionally, four schools (Bancroft Middle, San Leandro High, Jefferson Elementary, and McKinley Elementary) all have frontage along Bancroft Avenue. Bancroft can also serve as a pedestrian and bicycle-focused corridor; this is especially important as East 14th Street increasingly focuses on transit. The 2 mile-long stretch of Williams Street between San Leandro Boulevard and Neptune Drive has a mixed use of both residential and commercial. East of I-880, Williams Street serves John Muir Middle and Woodrow Wilson Elementary Schools and is primarily residential. West of I-880, Williams Street is primarily commercial with a pocket of residential use. Williams Street is a connector to the Oyster Bay Hayward Regional Shoreline recreation area. These two major corridors provide important connections to schools (six elementary, two middle and one high school), transit (two BART stations), new and planned housing developments, recreation areas, as well as regional and local parks. III. PROJECT OVERVIEW AND OBJECTIVES The Crosstown Class IV Corridors Study seeks to review and identify how to improve safety, access, and mobility for all roadway users along Bancroft Avenue and Williams Street. The Project Map (Attachment D) shows the full extent of the study. The proposed project will develop a community-based Class IV Corridor Study for these two major roadways and by doing so, will help transition San Leandro’s transportation network into a safer and more accessible system for all users. The goal will be to provide safe and balanced pedestrian, RFP No. #58626 Page 4 of 14 bicycle, and vehicular traffic flow while connecting schools, parks, shopping, employment, and transit. IV. SCOPE OF SERVICES The City is looking to move forward quickly upon contract execution with the selected consultant to meet the targeted project milestones. The selected consultant is expected to provide the deliverables and to facilitate or participate in all tasks which lists the consultant as the responsible party. Billing statements must meet the requirements of the grant and indicated work items. Proposers may include additional, optional tasks that they feel should be included in the project to achieve the optimal outcome; however, these costs and hours must be listed separately in the budget and may not be approved. 1. Outreach and Engagement Task 1.1 Project Advisory Group Meetings The consultant will work with the city to identify a group of stakeholders for each corridor to develop corridor advisory groups. Each advisory group will be comprised of local school, business, and resident representatives for each corridor. The advisory groups will provide initial input on the goals for the project and review documents to provide input or suggestions for improvements before public meetings. The consultant will facilitate a number of meetings focused on each corridor, at minimum three per corridor.  Responsible Party: Consultant Task 1.2 Bicycle and Pedestrian Advisory Committee Meetings The City of San Leandro relies on the Bicycle and Pedestrian Advisory Committee (BPAC) to provide input and help guide decisions on matters relating to active transportation. The consultant shall attend meetings of the BPAC to provide input on the goals for the project and review concept designs and other relevant deliverables as the city sees fit. The city shall coordinate with the Consultant to attend a limited number of regularly scheduled or special meetings of the BPAC.  Responsible Party: City of San Leandro Task 1.3 Stakeholder Interviews In addition to the advisory groups and the BPAC, the consultant will facilitate group and individual interviews to gather input from key stakeholders along the corridors. These may include members from San Leandro Unified School District, students at these schools, PTA members, the County Health Department, Bike East Bay, BART, AC Transit, the San Leandro Police and Fire Departments, and Neighborhood Associations, among others. The consultant will hold no more than 10 meetings (in-person, phone, or group) with stakeholders throughout the project.  Responsible Party: Consultant Task 1.4 Student Ambassadors/Student Internship Program The city and consultant will work with students to serve as volunteer ambassadors (middle and high school students and the San Leandro Youth Advisory Commission), RFP No. #58626 Page 5 of 14 and potentially the Pilot City program to increase opportunities for students to learn about the transportation process and play a vital role in the study’s development. Derick Lee, CEO of PilotCity DerickLee@PilotCity.com (510) 676-5861 www.pilotcity.com Students may also be expected to help with the planning of tactical urbanism/pop-up events associated with their corridor, make a brief presentation to various stakeholders at their schools like the PTA and faculty, and assist with distributing information, or conducting school site audits. These students will also serve as representatives to the rest of their school’s student body.  Responsible Party: Consultant and City of San Leandro Task 1.5 Community Open Houses The consultant will prepare and facilitate two community open houses for each corridor (four open houses total) to engage the community in the development of the complete street design for Bancroft Avenue and Williams Street. The outreach and publication for these events will be highly publicized in at least three languages through multiple media (e.g., flyers, newspaper ad, social media, Next Door, SL Next, etc.). The City of San Leandro understands that certain population groups respond better to certain types of outreach. Utilizing a varied approach, the city hopes to reach as many resident and stakeholder groups as possible through the outreach process. In addition to translating promotional and meeting materials, interpretation services (for Spanish and Chinese) will be available at these open houses. The city and consultant team will also seek out and work with local community and advocacy groups (i.e. Bike Walk San Leandro). To this end, the city will seek to partner, learn and help guide the outcomes of this process based on their everyday experiences along these corridors. The city and consultant team will also seek to utilize these groups’ social media and networking capabilities to further expand the reach of this public engagement. The open houses will follow the themes below: • Open House One: These will showcase multiple conceptual designs for each corridor. The consultant team will discuss each design and gather feedback on the designs. • Open House Two: These will showcase a single refined design for each corridor. The consultants will discuss each design and gather feedback on them.  Responsible Party: Consultant Task 1.6 Mobile “Pop-Up” Workshops People live increasingly busy lives and fewer people today have the opportunity to attend conventional public meetings. To make it easier for people to learn about and provide input on the projects, the consultant and the city will host two mobile workshops per corridor. The pop-up events will be hosted early in the study process, to gather feedback on the existing conditions and needs/desires of residents and stakeholders along the corridors. The input from these events will feed into the conceptual designs. The pop-ups may be hosted in front of schools along the corridor and can be coordinated to overlap mailto:DerickLee@PilotCity.com RFP No. #58626 Page 6 of 14 with pick-up/drop-off activity or another school function (Coffee with the Principal, safety committee meeting, etc.), building on existing events.  Responsible Party: Consultant and City of San Leandro Task 1.7 Tactical Urbanism Each corridor will have one tactical urbanism project. These projects will occur about two-thirds through the study process and will test out one segment of each corridor’s preferred alignment. The feedback from the demonstration will inform future design revisions. Interested students and community members will be involved in aspects of the design and installation of the demonstration projects. The consultant (with city staff and community support) will lead the effort to develop plans, material lists, and implementation strategies from the demonstration events. The project team will coordinate with appropriate city staff to ensure a successful implementation. The city will work with Caltrans to ensure that all materials used meet all budgetary constraints and may be used in future demonstration projects.  Responsible Party: Consultant and City of San Leandro Task 1.8 Project Website with Interactive Web Map The project team will develop a project website with an interactive web map and other comment features. The web mapping tool will allow users to place points on locations they want to comment on. Future variants of the website will allow the project team to gather feedback on the design alternatives. The website will greatly expand the reach of the engagement and allow people to respond and leave feedback at their leisure.  Responsible Party: Consultant Task Deliverables 1.1 Advisory Group member lists; Meeting agendas and notes 1.2 Meeting materials 1.3 Stakeholder Member lists; Summary memo 1.4 Participant list, photos/materials from events, meeting notes 1.5 Open House materials, Summary memo 1.6 Photos, pop-up materials, summary notes 1.7 Demonstration materials, photos, data, and feedback summary 1.8 Project website and interactive tools 2. Streetscape Plan Alternatives Task 2.1 Data Collection and Existing Conditions The consulting team will collect and review available information for the project areas, including the city’s General Plan – San Leandro 2035 (2016), Bicycle and Pedestrian Master Plan (2018), CPBST San Leandro Workshop Summary and Recommendations (2020), socio-economic and demographic data, parking data, traffic volumes, collisions data, public and private infrastructure standards, infrastructure master plans, aerial and mapping data, and other relevant studies and policies. The consulting team will review available collision and traffic volume data, as available, provided by the city, county, Caltrans, and Office of Traffic Safety to understand the context. In some cases, additional studies may be needed to properly analyze existing conditions. Such studies may include parking occupancy, traffic volumes, site assessments, and others. With many fronting uses, turning movements, and other complexities along the corridors, having a complete RFP No. #58626 Page 7 of 14 understanding of the various flows will be necessary for developing successful alternatives. The findings of the analysis will be summarized into a memo.  Responsible Party: Consultant Task 2.2 Streetscape Concept Design A streetscape concept to accommodate Class IV Bicycle Lanes will be developed for each corridor based on the existing conditions report (Task 2.1) and input from stakeholder interviews (Task 1.3), mobile workshops (Task 1.6), tactical urbanism events (Task 1.7), Community Open Houses (Task 1.5), and Advisory Group meetings (Task 1.1). The consultant shall refer to the AC Transit Multimodal Corridor Guidelines for design elements for bus stops adjacent to bicycle infrastructure. These design concepts will be circulated to selected stakeholders including the Advisory Committee and BPAC for comment.  Responsible Party: Consultant Task 2.3 Traffic Modeling and Conceptual Design Alternatives The consultant will obtain the most up-to-date available turning movement count data from the city for the signalized and unsignalized intersections along the Williams Street and Bancroft Avenue study corridors. The consultant will also request available signal timing data for the five (5) signalized intersections along Williams Street between Neptune Drive and San Leandro Blvd, and the eight (8) signalized intersections along Bancroft Avenue between Durant Avenue and East 14th Street. As there are a number of unsignalized intersections, driveways, and mid-block crossings along both study corridors, the project team (i.e., city and consultant staff) will determine key unsignalized locations to be studies as part of this project. All determinations will be based on variables such as proximity to schools, known collision history, high turn volumes, or anticipated impacts under proposed conditions. The consultant will perform up to ten (10) turning movement counts at signalized or key unsignalized intersections to supplement the data collected at locations with missing or outdated data. Field visits will also be conducted to perform travel time runs along each corridor during the AM and PM peaks, as well as to observe queue lengths at each of the study intersections. The consultant will create AM and PM peak existing conditions models for the two study corridors including all signalized intersections and key unsignalized intersections using Synchro software. The models will include existing intersection turning movement counts and signal timing data provided by the city as well as existing roadway characteristics and intersection configurations. The existing peak models will be calibrated using the travel time data and observed queue lengths from the field visit to ensure the models accurately reflect field conditions. The field data will be compared to the corridor performance output provided by SimTraffic, and the model variables will be adjusted as necessary through an iterative process until model performance measures are within an acceptable percentage error of the existing field conditions. The consultant will perform capacity analyses of existing conditions to determine the current operations along each corridor and provide base performance measures such as level of service (LOS), delay, and 95th percentile queue lengths. The consultant will prepare an existing conditions memorandum that summarizes the results of the existing operational study. Following the existing conditions analyses, the consultant will develop up to two (2) complete streets/Class IV Bicycle Lane conceptual design alternatives for RFP No. #58626 Page 8 of 14 each roadway corridor. These alternatives will attempt to work within the existing right- of-way and pavement where possible to present low-cost options and take advantage of existing infrastructure in these corridors. The alternatives will also include sketches for a spot location including plan-view diagrams and cross sections, for a total of four (4) concept sketches. The consultant will develop a model for proposed conditions for one (1) alternative per study corridor, for a total of two (2) proposed alternatives. The output from the proposed conditions models will be compared to the baseline conditions from the existing model to determine the potential impacts for each alternative. If necessary, mitigation strategies will be developed at locations where impacts are considered unacceptable. The consultant will also assess the benefits of proposed modifications for people walking, biking and using transit on each corridor. A supplemental memorandum will be developed reiterating existing conditions and summarizing results of the alternatives analysis. The alternative conceptual designs and proposed conditions will be prepared and presented at the second Community Open House.  Responsible Party: Consultant Task 2.4 Draft Crosstown Class IV Corridors Study The project team will determine a preferred design alternative for each corridor based on the discussion of preferred design alternatives in the first round of open houses. The Draft Crosstown Class IV Corridors Study will include all aspects of the study including draft BART-Area Access Studies and will be prepared to be presented for public comment and feedback from relevant committees and stakeholders.  Responsible Party: Consultant Task 2.5 Final Crosstown Class IV Corridors Study The Final Crosstown Class IV Corridor Study will include all aspects of the study including the final BART-Area Access Studies and will address public comments and feedback provided by staff and public input.  Responsible Party: Consultant and City of San Leandro (submittal to Caltrans) Task 2.6 BART-Area Access Studies The project team will examine bicycle facilities and pedestrian connections between the corridors, two BART stations, and key nearby destinations like downtown and TOD areas. • The Bay Fair BART-Area access study will examine connections between the end of the project area on Bancroft Avenue to reach the planned Hesperian Boulevard Class IV and the Bay Fair TOD. • The San Leandro BART-Area access study will examine connections along San Leandro Boulevard to San Leandro BART and to downtown San Leandro (including a connection between Bancroft Avenue and Williams Street). It is expected that these studies will build upon prior station access work and coordinate with larger, on-going BART access improvements and station planning work.  Responsible Party: Consultant Task 2.7 Present to Policy Makers The Final Crosstown Class IV Corridors Study will be presented at work sessions and RFP No. #58626 Page 9 of 14 meetings for both the Planning Commission and the City Council for comment and then adoption. The Final Study will be shared with Caltrans in the agreed upon format (digital, hard copy, etc.).  Responsible Party: City of San Leandro and Consultant Task Deliverables 2.1 Existing Conditions Summary Memo 2.2 One Final Conceptual Design for each corridor 2.3 Raw data from Traffic Study Existing Conditions Memo on Traffic Study Two Conceptual Designs for each corridor Supplemental Alternatives Analysis Memo 2.4 Draft Crosstown Class IV Corridor Study 2.5 Final Crosstown Class IV Corridor Study 2.6 BART-Area Access studies recommendations and summary memo 2.7 Presentation at a Planning Commission Work Session and Meeting Presentation at a City Council Work Session and Meeting 3. Fiscal Management Task 3.1 Invoicing The City will submit complete invoice packages to Caltrans district staff based on milestone completion at least quarterly, but no more frequently than monthly.  Responsible Party: City of San Leandro Task 3.2 Quarterly Reports The city will submit quarterly reports to Caltrans district staff providing a summary of project progress and grant/local match expenditures.  Responsible Party: City of San Leandro Task Deliverables 3.1 Invoice Packages 3.2 Quarterly Reports V. PROPOSAL REQUIREMENTS All proposals shall be prepared in a clear and concise manner, limited to 25 pages (front and back, 50 pages total, excluding cover letter, resumes, required forms and insurance documents), and should be submitted on 8-1/2 x 11 paper, in 12-point font. Unnecessarily elaborate or glossy proposals are neither expected nor desired. The emphasis of the proposal should be on responding to the requirements set forth in this RFP. The Proposer shall include in its proposal, at a minimum, the information outlined in this section in a manner which demonstrates the Proposer's competence and qualifications for the satisfactory performance of the services identified in this RFP. The Proposer shall attach four separate exhibits to the cover letter proposal, including: RFP No. #58626 Page 10 of 14 Proposal Exhibit A: Scope of Services The Proposer shall prepare a complete description of the scope of services which the Proposer intends to perform in order to achieve the Project Objectives. The Proposer may identify services which differ from the scope of services if the Proposer believes the changes will assist the City in more efficiently and effectively achieving the City’s stated Project Objectives. Proposal Exhibit B: Billing Rates The Proposer shall prepare a schedule of billing rates and submitted in a separate sealed envelope which identifies: • A proposed rate and method of payment for all services to be performed, including hourly rates, and a description of any reimbursable charges. • A total proposed “Not to Exceed” cost for the performance of all services described in the scope of services. • An estimated cost breakdown for each major component of service, with a cross-reference to each component of service identified in Proposal Exhibit “A.” Proposal Exhibit C: Statement of Qualifications The Proposer shall prepare a statement of qualifications which identifies: • An identification of the size, stability, and capacity of Proposer’s organization, including, at a minimum, an identification of Proposer’s: (1) total number of years in operation, (2) total current number of employees, (3) number of office locations (including the location of each office), and (4) number of employees in the office location which is intended to provide services. • An identification of the Proposer’s experience performing services for projects of a similar size, scope, and complexity as the services required by this RFP, including an identification of: (1) the number of years Proposer has been performing similar services; and (2) the most recent projects for which the Proposer has performed similar services. The list of recent projects shall include the name, contact person, address, and phone number of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. • A list of the Proposer's principals, employees, agents, and sub-consultants which the Proposer intends to assign to this Project. This list shall include a summary of the qualifications (including education, training, licenses, and experience) of each individual; the approximate number of hours each will devote to the Project; and the type of work to be performed by each individual. The City will retain under its agreement with the successful Proposer the right of approval of all persons performing under the agreement. Proposal Exhibit D: Exceptions to Specifications The Proposer shall prepare a document identifying the terms of the proposed Service Agreement between the City and Proposer including: • Specifically identify any portions of the City's standard form Consulting Service Agreement (attached to this RFP) which the Proposer desires to amend (either by addition, deletion, or modification). • Disclose any past, ongoing, or potential conflicts of interest which the Proposer may have as a result of performing the work for this Project. • Identify Proposer’s ability to comply with the City’s insurance requirements. A copy of an RFP No. #58626 Page 11 of 14 insurance certificate or a letter of intent to provide insurance from the issuing company (including a description of types of coverage and dollar amount limits) may be favorably considered. Non-Collusion Affidavit The Consultant declares, by signing and submitting a proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Consultant has not directly or indirectly induced or solicited any other Consultant to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Consultant has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Consultant or any other Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Consultant has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. VI. SUBMITTAL REQUIREMENTS Proposer shall submit Items 1-5 as stated in SectionV. - PROPOSAL REQUIREMENTS. Proposer is required to indicate the Designated Contact in the proposal package. Include the designated contact individual’s name, address, phone number(s) and email address. Proposals are to be submitted electronically to Sally M. Perez, Purchasing Technician, at sperez@sanleandro.org. The subject line of the email is to clearly state: “RFP #58626 City of San Leandro Crosstown Class IV Corridors Study”. Proposals shall be received by the City of San Leandro Purchasing Office no later than 5:00 p.m. on Wednesday, January 13, 2020. The email date/time stamp will be proof of receipt. Late proposals will not be considered under any circumstance. The proposal shall be signed by an individual(s) authorized to execute legal documents on behalf of the Proposer. One hard copy of the proposal shall be submitted, printed double-sided on recycled content paper along with the separately sealed pricing information as instructed below. Pricing information is considered confidential and must be received in a sealed envelope. 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 proposals. Please make sure that the envelope is clearly marked: “RFP #58626 City of San Leandro Crosstown Class IV Corridors Study”. Sealed envelopes must be postmarked by the due date of Wednesday, January 13, 2020. mailto:sperez@sanleandro.org RFP No. #58626 Page 12 of 14 City of San Leandro Sally Perez, Purchasing Agent Finance Department 835 E. 14th Street San Leandro, CA 94577 (510) 577-3472 Failure to provide all required submittals in completed form and/or a clearly marked original with original signatures may result in a proposal being found non-responsive and given no consideration. Proposals must be neat, complete, and fully address all information specified in Section V. - PROPOSAL REQUIREMENTS. For information concerning RFP questions, procedures and regulations (i.e., submission deadline, forms required, etc.) interested parties must contact the City’s Purchasing Agent. All questions shall be submitted via email. CITY OF SAN LEANDRO Sally Perez Purchasing Agent Email: sperez@sanleandro.org With a copy to: Sheila Marquises Principal Engineer Email: smarquises@sanleandro.org VII. ESTIMATED SCHEDULE RFP Issue Date Monday December 21, 2020 Request for Clarifications Due by: Monday, January 4, 2021 City Responses Available by: Wednesday, January 6, 2021 Proposals due to City on: Wednesday, January 13, 2021 by 5:00 pm Candidate Firm Interviews Week of January 18, 2021 Contract Award February/March 2021 VIII. EVALUATION OF PROPOSALS Proposals must fully address the evaluation factors, contain complete technical submittals, references and data to verify qualifications and experience and include a statement that the City contract can be executed, listing any exceptions. Proposals without sufficient submittal data to provide a complete mailto:sperez@sanleandro.org RFP No. #58626 Page 13 of 14 evaluation will be considered non-responsive. As part of the technical proposal, Consultants must evaluate the City’s proposal terms and conditions. Any exceptions taken to the proposal specifications and/or the City’s Consulting Services Agreement must be listed as a separate item as Exceptions to Specifications. All proposals will be reviewed for compliance with specifications including documented capability to perform the prescribed work in a satisfactory manner. Proposals, which appear to be compliant, will be evaluated on a point system (0-100 points, with 100 being the best possible score) in accordance with the following: CRITERIA MAXIMUM POINTS 1. Qualifications of the Proposer and its agents, employees, and sub- consultants in completing projects of similar type, size, and complexity. The City may consider Proposer's timely and accurate completion of similar projects within budget. Evaluation preference may be applied for services from a locally owned business. 65 points 2. The feasibility of the proposal based upon the methodology of the proposed scope of services, and the reasonableness of the schedule of billing rates. 20 points 3. Proposer’s understanding of the work to be completed based upon the clarity of the proposal and responsiveness to this RFP. 10 points 4. Proposer’s proposed language for the Consultant Service Agreement. 5 points The City encourages local businesses to submit a proposal and in the case of a tie will favor consultants based in San Leandro first, teams with a San Leandro sub-consultant second, and all others third. The City reserves the unilateral right to amend this RFP in writing at any time. The City also reserves the right to cancel or reissue the RFP at its sole discretion. Additionally, the City may seek clarification or additional information from Consultants. All Consultants shall verify if any addendum for this project has been issued by the City and shall respond to the final written RFP and any exhibits, attachments and amendments. It is the Consultant’s responsibility to ensure that all requirements of contract addendum are included in their submittal. This RFP does not commit the City of San Leandro to sign an agreement, award a contract, or to pay any costs incurred in the preparation of a response to this RFP. All documents, conversations, correspondence, etc. with the City are subject to the laws and regulations that govern the City. All Proposals submitted in response to this RFP become the property of the City and public records, and as such may be subject to public review. The City reserves the right to reject any or all proposals and the right to waive minor irregularities in any proposals. Waiver of one irregularity does not constitute waiver of any other irregularities. 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 proposals. RFP No. #58626 Page 14 of 14 IX. DELIVERABLES REQUIRED OF SELECTED CONSULTANT The selected Consultant(s) shall enter into a Consulting Services Agreement with the City of San Leandro and submit the following items within ten (10) days of notice of award: 1. City of San Leandro business license; to be maintained throughout length of contract 2. Copy of Certificate(s) of Insurance and endorsements in compliance with the requirements of Section 4. of Attachment A - Consulting Services Agreement and naming the City of San Leandro as an additional insured. 3. Completed IRS W-9 tax form 4. Self-verification form which shows compliance with the City of San Leandro Living Wage Ordinance X. CONDITIONS Permits and Codes The selected Consultant shall comply with all laws, codes, rules and regulations of the State, County, and City, applicable to the work to be performed at the City’s location(s). The Consultant, who shall pay all lawful charges, shall obtain all permits lawfully required. City of San Leandro Living Wage Ordinance The San Leandro Municipal Code Title 1, Chapter 6, San Leandro's Living Wage Ordinance (LWO), provides that Consultants 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 during the City's fiscal year shall comply with all provisions of this ordinance. The LWO requires a City Consultant 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, the selected Consultant must submit a completed self-verification form. Please note that the LWO applies to those contracts where the Consultant has achieved a cumulative dollar contracting amount with the City. Therefore, even if the LWO is inapplicable to this contract, change orders to this contract or the entering into of subsequent contracts may make them subject to compliance with the LWO. Furthermore, the contract may become subject to the LWO if the status of the Consultant's employees change (i.e. additional employees are hired) so that Consultant falls within the scope of the Ordinance. Insurance Requirements Requirements are incorporated in Section 4 of Attachment A, Consulting Services Agreement (CSA). ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 1 of 15 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND [NAME OF PROFESSIONAL CONSULTANT] FOR CROSSTOWN CLASS IV CONNECTOR STUDY THIS AGREEMENT for consulting services is made by and between the City of San Leandro (“City”) and __________________ (“Consultant”) (together sometimes referred to as the “Parties”) as of ____________, 20__ (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on _______________, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder. 1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit E. 1.6 City of San Leandro Living Wage Rates. This contract may be covered by the City of San Leandro Living Wage Ordinance (LWO). Consultant’s attention is directed to the San ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 2 of 15 Leandro Municipal Code, Title 1, Chapter 6, Article 6. Consultant must submit completed self-certification form and comply with the LWO if covered. 1.7 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed ________________, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period; ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 3 of 15  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;  The Consultant’s signature;  Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 4 of 15 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed $_______________. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 5 of 15 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 6 of 15 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. 4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 7 of 15 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. 4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.4 Section Reserved. 4.5 All Policies Requirements. 4.5.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.5.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 8 of 15 employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.5.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit except for Professional Liability (i.e. limit that is eroded by the cost of defense). 4.5.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.5.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.6 Submittal of Proof of Insurance Coverage. All certificates of insurance and original endorsements effecting coverage required in this Section 4 must be electronically submitted through the City’s online insurance document management program, PINS Advantage. Contractor shall comply with all requirements provided by City related to the PINS Advantage program. 4.7 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;  Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 9 of 15 pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 10 of 15 in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 60 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 11 of 15 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 12 of 15 the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 13 of 15 understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the San Leandro City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Sheila Marquises, Principal Engineer ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: ____________________________________________ ____________________________________________ ____________________________________________ [EMAIL ADDRESS MUST BE INCLUDED] Any written notice to City shall be sent to: Sheila Marquises, Principal Engineer 835 East 14th Street San Leandro, CA 94577 smarquises@sanleandro.org With a copy to: City of San Leandro Department of Finance c/o Sally Perez, Purchasing Agent 835 East 14th Street San Leandro, CA 94577 sperez@sanleandro.org 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 14 of 15 "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________ Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, C, D, and E represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification Exhibit D COVID-19 Compliance Requirements Exhibit E California Labor Code Section 1720 Information 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.14 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF SAN LEANDRO [NAME OF CONSULTANT] Fran Robustelli, Interim City Manager [NAME, TITLE] Attest: Consultant’s DIR Registration Number (if applicable) Leticia I. Miguel, City Clerk Budget Approved: Approved as to Fiscal Authority: Susan Hsieh, Finance Director Account Number Approved as to Form: Richard D. Pio Roda, City Attorney Per Section 10.7: Form 700 Required Keith Cooke, Engineering and Transportation Director ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Exhibit A – Page 1 of 2 EXHIBIT A SCOPE OF SERVICES (DRAFT) Tasks and Deliverables 1. Outreach and Engagement 1.1. Project Advisory Group Meetings 1.2. Bicycle and Pedestrian Advisory Committee Meetings 1.3. Stakeholder Interviews 1.4. Student Ambassadors/Student Internship Program 1.5. Community Open Houses 1.6. Mobile “Pop-Up” Workshops 1.7. Tactical Urbanism 1.8. Project Website with Interactive Web Map Task Deliverables 1.1 Advisory Group member lists; Meeting agendas and notes 1.2 Meeting materials 1.3 Stakeholder Member lists; Summary memo 1.4 Participant list, photos/materials from events, meeting notes 1.5 Open House materials, Summary memo 1.6 Photos, pop-up materials, summary notes 1.7 Demonstration materials, photos, data, and feedback summary 1.8 Project website and interactive tools 2. Streetscape Plan Alternatives 2.1. Data Collection and Existing Conditions 2.2. Streetscape Concept Design 2.3. Traffic Modeling and Conceptual Design Alternatives 2.4. Draft Crosstown Class IV Corridors Study 2.5. Final Crosstown Class IV Corridors Study 2.6. BART-Area Access Studies 2.7. Present to Policy Makers Task Deliverables 2.1 Existing Conditions Summary Memo 2.2 One Final Conceptual Design for each corridor 2.3 Raw data from Traffic Study Existing Conditions Memo on Traffic Study Two Conceptual Designs for each corridor Supplemental Alternatives Analysis Memo 2.4 Draft Crosstown Class IV Corridor Study 2.5 Final Crosstown Class IV Corridor Study 2.6 BART-Area Access studies recommendations and summary memo 2.7 Presentation at a Planning Commission Work Session and Meeting Presentation at a City Council Work Session and Meeting ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Exhibit A – Page 2 of 2 3. Fiscal Management 3.1. Invoicing 3.2. Quarterly Reports Task Deliverables 3.1 Invoice Packages 3.2 Quarterly Reports ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Exhibit B – Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Exhibit C – Page 1 of 1 EXHIBIT C INDEMNIFICATION Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault. ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Exhibit D – Page 1 of 1 EXHIBIT D REQUIREMENTS RELATED TO THE COVID-19 PANDEMIC AND THE CITY OF SAN LEANDRO’S EMERGENCY DECLARATION The novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization. The City of San Leandro is currently in a local emergency and state of emergency due to the COVID-19 pandemic. COVID-19 is extremely contagious, and is believed to spread mainly from person-to-person contact, through touched surfaces, and in airborne particles. As a result, federal, state, and local governments, including the City of San Leandro, and federal, state, county, and local health agencies recommend social distancing and additional cleaning protocols to limit the spread of the disease. The City has taken steps and put in place preventative measures recommended by federal, state, and local health agencies to reduce the spread of COVID-19. These measures include steps each person must take to prevent the spread of COVID-19 and include, but are not limited to, requiring face coverings, frequent hand washing and/or use of hand sanitizer, social distancing where possible, limiting of person-to-person contact, frequent cleanings of high-touch surfaces, and avoiding entering any building if they have COVID-19 symptoms. Consultant shall obey all local orders and abide by all applicable preventative measures recommended by federal, state, county, and local health agencies and any preventative measures specifically implemented by the City. Consultant agrees that when entering any City buildings, Consultant will follow all COVID-19 related signage, wear a face covering, follow all social distancing protocols, and abide by any other COVID- 19 preventative measure that are in place when performing the services described in this Agreement. Consultant shall also adhere to any subsequently communicated COVID-19 preventative measures as directed by City staff. The COVID-19 preventative measures are subject to change over time, and Consultant shall maintain knowledge of and adhere to the current COVID-19 preventative measures when interacting with City employees, officials, volunteers, agents, and representatives, and when entering City buildings. ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Exhibit E – Page 1 of 3 EXHIBIT E PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Exhibit E – Page 2 of 3 obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: 1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records. 3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the ATTACHMENT A Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] ___________________ for Crosstown Class IV Connector Study Exhibit E – Page 3 of 3 Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 3525646.1 ATTACHMENT B RFP No. #58626 Page 1 of 5 CITY OF SAN LEANDRO LIVING WAGE ORDINANCE (LWO) Guidelines for Compliance & Frequently Asked Questions July 2018 Guidelines for Compliance with the Living Wage Ordinance (LWO) Service Providers For Profit Service Providers Affects for-profit entities that provide services to the City valued at $25,000 or greater within the City’s fiscal year; and which has six (6) or more employees. Any employee working on City services under contract with the City is covered by the LWO for the time spent performing said services. Non-Profit Service Providers Affects non-profit entities that provide services to the City valued at $100,000 or more within the City’s fiscal year; and which has six (6) or more employees Any employee working more than 25% of their time on the City-contracted services being procured by the City under the contract with the employer is subject to. Lessees Affects lessee’s of public property, licensees, concessionaires and franchises that generate $350,000 or more in annual (calendar) gross receipts. Any employee who spends more than 25% of their working time on the leased property or engaged in work directly related to the license, concession or franchise is subject to. Financial Aid Recipients Affects any entity receiving more than $100,000 in City grants, loans, or other cash/non- cash assistance within the City’s fiscal year. Compliance is required for the duration of one year for each $100,000 of assistance, pro-rated up to a maximum duration of five (5) years after receiving said aide. Any employees who spend more than 25% of their working time engaged in work directly related to the purposes for which the City’s aid was provided are subject to. Subcontractors/Sub-Lessees Affects both for-profit and non-profit employers that enter into a subcontract with the primary employer/contractor and assumes some of the obligations of the primary employer/contractor. Subcontractor’s and sub-lessee’s are also subject to the same living wage provisions and requirements as the primary employer or lessee. Employees who are or would be covered ATTACHMENT B RFP No. #58626 Page 2 of 5 under the state prevailing wage rate requirement would only be covered by the Ordinance if their current prevailing wage rate was lower than the living wage rate. Compensation Covered businesses are required to pay no less than $16.30 per hour or $14.80 with health benefits valued at least $1.50 per hour, subject to annual CPI adjustment. Reporting and Compliance Covered businesses self-verify compliance and are subject to periodic re-verification and audit of living wage related records. Frequently Asked Questions 1. What is the City of San Leandro’s Living Wage Ordinance? “Living wage” is an hourly wage level that sets wages at a level higher than the Federal or State minimum wage. The City of San Leandro Ordinance specifies that an hourly wage and a health benefit dollar level be applied to certain contracts, agreements and leases between the City and for-profit and non-profit entities. It does not apply to every business in the City. 2. When does the Living Wage take effect and when do businesses have to start complying and provide higher wages to their employees? September 1, 2007 is the effective date. Applicable businesses must comply with the Ordinance when they enter into a lease, contract or concessionaire or other agreement with the City of San Leandro, or when an existing agreement is amended to benefit the business. For example, if a lease contract expires in two years, compliance would not be required for the two years the lease remains in effect and unchanged. New contracts entered into or amended thereto affecting financial aid or expending the term after the effective date are subject to the Ordinance. Covered employees would be entitled to the higher wage on the effective date of the new or modified contract or agreement. All contracts and agreements with the City of San Leandro will include the requirement that the Living Wage Ordinance shall be complied with. 3. What is the required Living Wage rate? Covered businesses are required to pay no less than $16.30 per hour, which includes wages and employer health benefits. Health benefits must be valued at $1.50 per hour in order to be counted towards the requirement. In other words, an employee not receiving any employer health benefits would receive an hourly wage of at least $16.30, while one receiving health benefits would receive an hourly wage of at least $14.80. The living wage rate will be adjusted annually in July to reflect the consumer price index. ATTACHMENT B RFP No. #58626 Page 3 of 5 4. Are there any other required employee benefits specified? Yes. It specifies that employees must receive at least 22 days off per year (calendar) for sick leave, vacation, holiday, or personal necessity. At least 12 of the required days off shall be compensated at the same rate as regular compensation while 10 of the required 22 days may be uncompensated days off. Part-time employees shall be entitled to accrue compensated days off in increments proportional to that accrued by full-time employees. Employees shall be eligible to use accrued days off after the first 6 months of satisfactory employment or in accordance with the employer’s policy, whichever is sooner. 5. What types of employee’s are covered by the Ordinance? And does it cover full-time and part-time employees? Employees spending at least 25% of their work time on a City of San Leandro contract are covered, as long as they work for a business applicable under the terms of a covered agreement or contract. Both part-time and full-time employees are covered if they meet those criteria. Employees who are or would be covered under the state prevailing wage rate requirement would only be covered by the Ordinance if their current prevailing wage rate was lower than the living wage rate. Please see “Guidelines for Compliance” for additional detail. 6. What types of businesses are covered by the San Leandro Living Wage Ordinance? The Living Wage Ordinance applies to entities providing services to the City of San Leandro via contract or agreement, lessees of the City and recipients of City financial aide. Please see “Guidelines for Compliance” for the thresholds and criteria for each type of employer, lessee, financial aid recipient, or subcontractor and lessee. 7. Does the Living Wage Ordinance apply to sub-contractors or sub-lessees? Subcontractor’s and sub-lessee’s are also subject to the same living wage provisions and requirements as the primary employer or lessee. Employees who are or would be covered under the state prevailing wage rate requirement would only be covered by the Ordinance if their current prevailing wage rate was lower than the living wage rate. For example, employees of a firm hired to do building improvements for the contractor would be subject to the prevailing wage requirements under state law. 8. Does the Living Wage Rate affect tenants of a financial aid recipient? It depends on the circumstances, for example, if a developer receives a $500,000 city loan to rehab a commercial building and the tenants pay the market rate, they would not be subject to the LWO. However, the benefitting developer or business (and successors) would be subject to the LWO. 9. What types of employees are exempt? The Ordinance shall not be applicable to employees under 18 years of age, volunteers, qualified temporary employees working for the City of San Leandro, other government ATTACHMENT B RFP No. #58626 Page 4 of 5 employees, employees that participate in a job training program, qualified disabled employees covered by a sub-minimum wage certificate or equivalent, interns or employees receiving academic credit through a job training

San Leandro, CA 94577Location

Address: San Leandro, CA 94577

Country : United StatesState : California

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