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HomeMy WebLinkAboutReso 114-17 Amending Consultant Services Agreement with BKF Engineers and Approve a Project Funding Agreement with ACTC RESOLUTION NO. 114 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING BKF ENGINEERS CONSULTING SERVICES AGREEMENT FOR ADDITIONAL ENVIRONMENTAL WORK ON EXTENSION OF DUBLIN BOULEVARD TO NORTH CANYONS PARKWAY PROJECT, AND APPROVING A PROJECT FUNDING AGREEMENT WITH THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR THE ADDITIONAL ENVIRONMENTAL WORK WHEREAS, on November 1, 2016, the City Council adopted Resolution 161-16 approving a Consulting Services Agreement with BKF Engineers (CONSULTANT) for conducting preliminary engineering and preparing an Environmental Impact Report for the extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore (PROJECT); and WHEREAS, PROJECT is proceeding satisfactorily as per the PROJECT schedule; and WHEREAS, it has been determined that in order to make the PROJECT viable for Federal funding, additional environmental work will be needed under the National Environmental Protection Act (NEPA); and WHEREAS, conducting the NEPA related work concurrent with the presently on-going work conducted by CONSULTANT would be most cost effective; and WHEREAS, CONSULTANT has the capability to conduct the NEPA related work on the PROJECT; and WHEREAS, the City of Dublin and the CONSULTANT desires to amend existing Consulting Services Agreement to provide additional services to conduct NEPA related environmental work for the PROJECT and extend the term of the Agreement to conclude such work; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $615,000 to a not-to-exceed amount of$901,485; and WHEREAS, the Alameda County Transportation Commission has allocated to the City of Dublin $500,000 through the Measure BB discretionary funds for additional NEPA and any other environmental work on the PROJECT. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the first Amendment to the Consulting Services Agreement with CONSULTANT attached hereto as Exhibit A; and BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to execute the first Amendment to the Consulting Services Agreement with CONSULTANT; and BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves the Project Funding Agreement attached hereto as Exhibit B and authorizes the City Manager to execute the Agreement and any associated documents with the Alameda County Transportation Commission for the PROJECT. Reso No. 114-17, Adopted 9/5/2017, Item No. 4.3 Page 1 of 2 PASSED, APPROVED AND ADOPTED this 5th day of September, 2017, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta, and Hernandez NOES: ABSENT: Mayor Haubert ABSTAIN: do] AM Mayor Pro Tempore ATTEST: iatAX z- r City Clerk Reso No. 114-17, Adopted 9/5/2017, Item No. 4.3 Page 2 of 2 EXHIBIT A AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BKF ENGINEERS WHEREAS, on November 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and BKF Engineers (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for preliminary engineering and environmental work on Dublin Boulevard extension to North Canyons Parkway in Livermore Project (hereinafter referred to as the "AGREEMENT"); and WHEREAS, the work on the Project is proceeding satisfactorily as per the schedule; and WHEREAS, the term of said AGREEMENT is expiring on June 30, 2018; and WHEREAS, CITY and CONSULTANT now desire to extend the terms of the AGREEMENT an additional 12 months until June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to add the preparation and certification of an appropriate environmental document under the National Environmental Protection Act regulations; and WHEREAS, the compensation schedule of the CONSULTANT has been updated to reflect 2017 compensation rates; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $615,000 to a not-to-exceed amount of $901,485. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Extension of Term: The AGREEMENT is amended to extend the termination date to June 30, 2019. 2) Revised Exhibit A: Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 3) Revised Exhibit B: Exhibit B (Compensation Schedule, and consultant hourly rate sheets) of the AGREEMENT is amended per the attached. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B through December 31, 2017. Starting January 1, 2018 hourly fee rates may be no more than 4% adjusted annually. The first adjustment to the hourly fee rate shall be January 1, 2018. This hourly fee rate adjustment will not change the not- to-exceed amount of $901,485. EXHIBIT A 4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AC;RF.FMFNT. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written, CITY OF DUBLIN Dated: By: Christopher I., Foss, City Manager ATTEST: By: Carotine Soto, City Clerk BKF Engineers Dated: gi.Z1i1 By: 432 _ Gordon C. Sweet, PE Vice President BKF Engineers EXHIBIT A EXHIBIT A August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) SCOPE OF SERVICES—AMENDMENT FOR NEPA CLEARANCE This scope of services, and the attached Summary of Scope and Hours, amends the current and ongoing professional Civil, Environmental and Traffic Services provided by BKF Engineers (BKF), Circlepoint (CP), and Kittelson Associates Inc (KAI) to provide National Environmental Policy Act (NEPA) environmental clearance for the Dublin Boulevard-North Canyons Parkway Extension (Project). The scope of services is specifically to provide the City of Dublin, in concert with the City of Livermore, Alameda County, and Alameda County Transportation Commission (ACTC), with supplemental NEPA environmental clearance for the Project, in conjunction with the ongoing California Environmental Quality Act (CEQA) environmental clearance and preliminary engineering services, as specified in the Consulting Services Agreement (CSA) Between the City of Dublin and BKF Engineers (November 1, 2016 Effective Date). The California Department of Transportation (Caltrans), as assigned by FHWA, will be the lead oversight agency for NEPA compliance for the Project. As a local agency Project pursuing and making itself eligible for federal funding improvements "off' the State Highway System (SHS), Caltrans District 4, Office of Local Assistance, will be responsible for approving the environmental documentation for NEPA compliance. The NEPA process will adhere to Chapter 6, Environmental Procedures of the Local Assistance Procedures Manual (LAPM). For the purposes of this scope of services and coordination, the City of Dublin in concert with the City of Livermore, County of Alameda, and Alameda CTC, is herein referred to as CITY. For the purpose of clarity and to show the relationship of the supplemental NEPA components as part of the CEQA process, this scope of services has been broken down using the same format/task designation as the CSA. A. TASK A: PROJECT COORDINATION A.1 Stakeholder Coordination/Project Management— As part of Project Management, BKF will coordinate and provide team leadership and general project management services during the NEPA environmental clearance process. Management activities will consist of project management, administration, invoicing/progress reports, coordination, attending meetings (agenda, meeting minutes, and action logs), submittal logs, coordinating comments/responses, and quality control. BKF/CP, with input from the Department of Transportation (Caltrans), will establish a Project Development Team (PDT) for this project. The purpose of the PDT meetings is to provide a forum to share project information, identify critical issues, make decisions, assign project tasks, identify design criteria, or other items critical to project delivery. Page 1 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) Meeting will be scheduled to coordinate with the PDT or conduct focus meeting or joint resolution team (JRT) discussions on comments/responses. The frequency and type of meetings is flexible based on the assumed number of meeting and will can be adjusted on an as-needed basis. BKF/CP will prepare agendas for each meeting and distribute them to the PD prior to each meeting. BKF/CP will facilitate the meetings as applicable and prepare meeting minutes with action items. As part of this task, BKF/CP will hold a project kick off meeting following the Notice to Proceed and will attend the Caltrans field review meeting as part of the PES. For a breakdown of scoped meetings, see the table to follow. A.2 Meetings/Coordination with Others — Not Used (It is assumed that the scope and type of meetings established under Task A.2 of the CSA will satisfy NEPA requirements related to coordination with others). A.3 CEQA EIR Meetings— Not Used (It is assumed that the scope and type of meetings established under Task A.3 under the CSA will satisfy any NEPA requirements related to Public Scoping, Public(Open House), Public Meetings/Hearings During the EIR Public Review Period, and Public Hearings/Planning Commission/City Council Meetings.) Scoped Meetings: See Task: Description CP BKF KAI NEPA Meetings-Caltrans A.1 CT Kick-Off Meeting 1 1 1 A.1 CT PES(Field Review) Meeting 1 1 A.1 CT PDT/Focus/Comment JRT Meetings 10 6 1 Total 12 8 2 TASK A Deliverables: • Meeting agendas, sign-in sheets, minutes, action log, schedule, and other standard meeting material, as appropriate TASK A Assumptions: • Separate or additional Public Scoping, Public(Open House), Public Meetings/Hearings during the EIR Public Review Period, and Public Hearings/Planning Commission/City Council Meetings are not anticipated to be required as part of the Caltrans NEPA approval process; however, depending on the controversial nature of the project, additional meetings may be needed in accordance with the Caltrans Standard -Environmental Reference (SER) Guidelines. Page 2 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) B. TASK B: PRELIMINARY R/W ANALYSIS& BASE MAPPING -Not Used C. TASK C: PRELIMINARY DESIGN &COST ESTIMATE As referenced in FHWA's Environmental Review Toolkit for NEPA and Project Development, "all reasonable alternatives, or the reasonable range of alternatives, should be considered and discussed at a comparable level of detail to avoid any indication of a bias towards a particular alternative(s)." The CSA for CEQA/preliminary engineering includes several alternatives related to traffic analysis, including no-build, 4-lane, and 6 lane configurations. Similarly—the geometric design alternative development in Task C includes exploring several alternatives related to cross section, alignment variations, and profiles. However, the purpose and need of this project is the extension/connection of Dublin Boulevard and North Canyons Parkway between Fallon Road and Doolan Road, which is limited to an alignment that can vary, but connects/conforms at these current intersections termini locations. As part of the NEPA environmental clearance, BKF has set aside budget to explore the identification, consideration, and analysis of alternatives, including exploring and objectively evaluating reasonable alternatives and for alternatives which are (or were) eliminated. Alternatives discussed will include the CEQA alternatives studied in the traffic report, iterations developed, as well as reasonable alternative not within the jurisdiction of the lead agency and no build/no action TASK C Deliverables: • Documentation and narratives of the evaluation of reasonable alternatives in support of the NEPA environmental clearance. TASK C Assumptions: • Geometric design development, environmental clearance, and/or traffic operational analysis of new geometric alignment alternatives that connect to locations other than the project termini at Dublin Blvd/Fallon Rd and North Canyons Parkway/Doolan are excluded. D. TASK D: PREPARE NEPA ANALYSIS Preliminary Environmental Study(PES) CP will complete Caltrans' PES, which consists of two parts: 1) a four-step preliminary environmental investigation, and 2) completion of the PES form. The preliminary environmental investigation includes the following tasks: 1. The development of a complete project description which addresses independent utility and logical termini, existing and proposed cross sections, and project map; 2. A review of relevant literature, maps and inventories; 3. A request for technical information from resource and regulatory agencies; and 4. Verification of research findings in the field (site visit), and field review with Caltrans staff. Page 3 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) CP will complete the preliminary environmental investigation steps outlined above. Completion of the PES environmental process is intended to provide Caltrans with the information needed to determine the level of environmental documentation needed for NEPA compliance. All actions will be conducted in accordance with Caltrans' local assistance procedure manual (LAPM), Chapter 6. An electronic administrative draft of the PES form prepared by CP will be submitted for review and approval by the project team and CITY, prior to submitting to Caltrans. CP will revise the administrative draft document based one consolidated set of comments received from the project team and/or the CITY. CP will prepare the final PES (up to 15 printed copies)for the Caltrans field review meeting. Technical Studies&Environmental Document All deliverables completed under this task will conform to the SER and/or applicable federal, State, or local guidelines and regulations. Assumptions on the level of documentation required are included, where applicable. For the purposes of this scope of work, an Environmental Assessment (EA) leading to a Finding of No Significant Impact(FONSI) is assumed. Technical Studies The environmental technical studies discussed below will support the environmental document for the Project. As noted above, the studies will be prepared in accordance with the guidance from Caltrans (including the SER) and input from relevant resource agencies and local jurisdictions. Per Caltrans guidelines, the technical studies must be completed and approved by Caltrans staff prior to the commencement of the environmental document. An administrative draft of each technical study will be submitted to Caltrans for review. It is assumed that a comment/resolution matrix will accompany comments from Caltrans, so that a record of requested revisions is available for each technical study. The project team will revise the technical study per Caltrans comments and complete the matrix indicating how comments have been addressed. Individual meetings with Caltrans reviewers will be held to address unresolved comments followed by the preparation of a final version of the technical study. Four(4) standalone reports(technical studies) are currently being prepared for the Project as part of the CSA. The budget for this scope of work assumes that the technical studies for the NEPA component will build upon those scoped studies. The following additional services will be required to complete each technical report to Caltrans standards listed below. 1. Biological Resources Report: Natural Environmental Study(NES) HT Harvey & Associates (HTH) will use the data collected for the EIR under the CSA as the basis for preparing an NES per Caltrans guidelines. This NES will include a description of the project, the biological resources present within the project area, potential impacts on those resources, and mitigation measures for such impacts, as Page 4 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) appropriate. The budget for this task assumes that much of the information in the Biological Resources Report (currently being prepared for the EIR) can be used as the basis for the NES analysis, and that this report, including impacts, would be completed prior to the NES being drafted for optimal efficiency. Biological Assessment HTH will prepare a draft biological assessment(BA) document.The document will be drafted according to U.S. Fish and Wildlife Service (USFWS) guidelines if the U.S. Army Corps of Engineers (USACE) will serve as Section 7 lead, or according to Caltrans format guidelines if Caltrans will serve as the Section 7 lead. In either case, the information presented will be the same, and the purpose of the document will be conducting the Section 7 Consultation with the USFWS. The draft BA will be submitted to CP for review. It is anticipated that the revisions to the draft BA will be relatively minor. If significant revisions are required then additional budget would be required. This task also includes time to respond to one set of comments from Caltrans. It is assumed that FESA Section 7 consultation will be conducted by the USACE or Caltrans. However, during the consultation process, it is usual for the USACE or Caltrans to need supporting documentation from the local agency. HTH has assumed a moderate to high level of effort and coordination will be required to address comments on biological resources issues. If the volume of comments is higher than anticipated (i.e., exceeding the number of hours budgeted for this task), a budget augmentation may be required. Additional Biological Resources Report Prior to a scoping discussion with Caltrans, it is unknown at this time whether the following three additional service components may be required by Caltrans to supplement the Biological Resources Reports. Potentially complicating things are items discussed and mentioned at our prior Resource Agency Meetings, which suggest certain aspects, such as jurisdictional delineation, protocol-level rare plant surveys, and incidental take permit (ITP), may be needed regardless of NEPA clearance. Based on these unknowns and to manage the risk, we have included the following 3 tasks/services/reports into our scope and fee: 1. Incidental Take Permit HTH will prepare a California Endangered Species Act (CESA) Section 2081 incidental take permit (ITP) application requesting take approval for the California tiger salamander at the project site. The ITP application will include a description of the project; background information regarding the California tiger salamander and its potential occurrence and distribution on the project site; an analysis of project impacts on this species; and proposed avoidance, minimization, and compensatory mitigation measures. Page 5 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) This task includes some time for HTH senior staff to coordinate with the CDFW following submittal of the 2081 application, and to coordinate with the project team and others as necessary regarding potential mitigation requirements. Because the amount of coordination necessary to identify suitable mitigation and obtain an ITP from the CDFW cannot be known at this time, additional budget may be necessary if the required effort exceeds the hours listed in this task in the attached budget spreadsheet. HTH has assumed that the only state- listed species for which incidental take approval will be needed is the California tiger salamander, although the potential for the San Joaquin kit fox to be impacted by the Project will also be addressed. During the ITP process it is usual for coordination to be required between the applicant team and CDFW. HTH has assumed a moderate to high level of effort will be required to address comments on biological resources issues and determine mutually agreeable mitigation. If the volume of comments or degree of coordination is higher than anticipated (i.e., exceeding the number of hours budgeted for this task), a budget augmentation may be required. 2. Jurisdictional Delineation Report HTH will conduct detailed field surveys for, and prepare a technical report summarizing the methods and results of the field survey of regulated habitats. This report will be prepared to report specifications developed by the USACE and thus will be of sufficient detail for agency review and a jurisdictional determination (in the case of the USACE). It will include a brief description of existing conditions, description of field techniques employed in the delineation, wetland data sheets, and copies of aerial photographs and maps that show the extent of regulated habitats on the Project site. This report is an important permit support document that is submitted to all applicable agencies as part of the permit application materials. Following the submittal of the wetland delineation report to the USACE, HTH will meet with staff of the USACE on the project site to verify the delineation of jurisdictional waters. Revisions will be made to the technical report and accompanying maps, if necessary, after the site visit with USACE representatives. HTH has assumed additional time to coordinate with the USACE regarding biological conditions (existing and proposed), as necessary. 3. Protocol-Level Rare Plant Surveys Depending upon the results of the database review and site surveys for the project, protocol-level surveys for special-status plants may be necessary. CP anticipates a total of two to three site visits would be necessary to effectively bracket the blooming periods of any species determined to potential occur on Page 6 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) the Project site. If any special-status plants are located on the site, the number of individuals found will be counted and the location surveyed via GPS. At the conclusion of the field surveys, the results will be presented in a brief report summarizing the survey methods and our observations. 2. Cultural Resources Assessment Report: Area of Potential Effects Map WSA will prepare both a horizontal and vertical Area of Potential Effects (APE) map for the project that will be presented on a scaled map of the area, with individual structures shown within the area of the APE. The APE maps must be approved and signed by Caltrans as the Lead Agency prior to conducting any further cultural resource studies. WSA will coordinate with the Caltrans District 4 to develop and obtain approval of the requisite APE maps of the project area. For purposes of this scope of work, WSA assumes that no historic (over 45 years of age) architectural structures will be present in the horizontal APE. Caltrans typically requires geomorphological analysis in the form of a geoarchaeological soils sensitivity map. WSA will also prepare this map for inclusion in the ASR, as discussed below. Records/Literature Search As part of the EIR efforts, WSA has received the results of a records search conducted for the project, using a 3/4-mile radius surrounding the proposed project alignment. Caltrans requires a radius of one mile as the records search buffer. To meet this requirement, WSA will request the California Historical Resources Information System, Northwest Information Center at Sonoma State University to conduct a record search of the additional 3/4-mile radius surrounding the horizontal APE. All previous cultural resource surveys, known historic or prehistoric sites, and listed or eligible National Register of Historic Places properties within the expanded records search area will be identified. Copies of applicable site records and survey reports will be made as necessary, and site locations will be plotted on USGS quad sheets. State and local historic site inventories will also be reviewed to identify the presence of any listed sites within the records search area. WSA will contact the Alameda County Assessor's office and the Alameda County Historical Society for background pertinent to the historic development of the area. Archaeological Survey As part of the EIR process, and in accordance with CEQA Sections 15064.5 and 15126.4 and the requirements of Section 106, as a means of evaluating the potential impacts to cultural resources, unless recently surveyed by qualified archaeologists (as evidenced by a competent report on file at the NWIC), a WSA archaeologist meeting federal criteria under 36 CFR 61 will conduct a pedestrian archaeological survey of the project area. This is intended to be an intensive survey of the project area conducted to meet the requirements of CEQA and Section 106. The pedestrian survey conducted as part of the EIR will be used to evaluate Page 7 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) potential project impacts to cultural resources for the NEPA document. For purposes of this proposal, it is assumed that there are no architectural resources over 45 years of age within the project area that will require documentation and assessment, and that no previously recorded or newly discovered archaeological resources will be identified either in the expanded records search or during the survey. In compliance with requirements of Section 106, WSA will conduct periodic shovel test probes along each survey transect to determine if there is any evidence of subsurface deposits that is not readily apparent on the surface. Report Preparation As required under Caltrans guidelines; a Historic Property Survey Report (HPSR), an Archaeological Survey Report (ASR), and all pertinent supporting documents will be prepared describing the results of the records search and will include an environmental, cultural and historical context section; the results of NAHC consultation and the archaeological survey, and recommendations. For purposes of this scope and cost, WSA assumes no architectural or built resources 45 years of age or older will be identified within the APE and that preparation of a Historic Resources Evaluation Report (HRER) will not be necessary. If preparation of the HRER is required, it will be prepared under a contract amendment. Upon acceptance of the final reports by Caltrans, one copy of each will be sent to the NWIC, as required. 3. Air Quality/Greenhouse Gas Report/Energy: Illingworth & Rodkin will use the data collected for the stand-alone air quality report for the EIR as the basis for preparing an Air Quality Technical Report per Caltrans guidelines. The Air Quality Technical Report will include a section on mobile source air toxics(MSAT) and greenhouse gases(GHG). Illingworth & Rodkin will also prepare the Air Quality Conformity Checklist that addresses ozone precursor, Particulate Matter(PM) 2.5 and CO impacts per Caltrans guidance. 4. Noise Study Report: Illingworth & Rodkin will use the data collected for the stand-alone noise report for the EIR as the basis for preparing a Noise Study Report(NSR) per Caltrans guidelines. The NSR will include a description of the project,the fundamentals of traffic noise, a summary of the applicable regulations and policies, study methods and procedures, a summary of the existing noise environment, a summary of the future predicated noise environment, impacts, and considered abatement, and a discussion on construction noise In addition to the reports described above,the following additional technical studies listed below may need to be completed. Page 8 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) 5. Visual Resources: CP will use the Caltrans'Visual Impact Assessment Guide to determine what level of visual impact analysis will be required for roadway extension improvements and will prepare a Visual Resources Technical Memorandum to evaluate the aesthetic compatibility of the proposed project with the surrounding area. Given that scale of the roadway, the improvements are likely to score a "noticeable visual change"to the physical character of the area,an abbreviated Visual Impact Assessment (VIA) is likely the appropriate level of reporting. The assessment would briefly describe the project features, impacts and any avoidance and minimization measures. Visual simulations would be optional. 6. Community Impact Report: CP will prepare a community impact report(CIA)that documents any necessary right-of-way acquisitions,temporary easements, and/or utility relocations that would be required as part of the project,as well as growth. The CIA will document how the project is not physically dividing a community or having disproportionate impacts on environmental justice communities. CP will work closely with BKF to determine if any potential displacements would be required as part of the project. If displacements were to occur, the CIA would analyze impacts related to relocation and displacement, in coordination with Caltrans. The analysis would include a discussion of the characteristics of the existing housing stock and business establishments in the affected area. 7. Section 4(f) No Effect Memorandum: CP will prepare a No Effects Memorandum to document any resources protected under Section 4(f) in the vicinity of the project. CP assumes this to be a simple Section 4(f) No Effect memo as no "use" of a Section 4(f) resource is anticipated. 8. Environmental Commitment Record: CP will prepare the Caltrans Environmental Commitment Record (ECR)form that documents all standard avoidance measures that would be implemented as part of the project(i.e., restrictions on construction period noise,etc.). The ECR serves as a tool for tracking environmental commitments that need to be incorporated into the construction bid package for the project. Page 9 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) In addition to the previous 5 technical studies described above, the additional technical studies may need to be completed. 9. Preliminary Hydraulics Analysis Memorandum: A preliminary hydraulic analysis memorandum will be prepared by BKF,which covers the project's preliminary drainage and hydraulic components including floodplain, location hydraulic study(as needed). A separate hydraulic/ hydromodification impact study is not anticipated to be required as part of the NEPA, and is excluded. 10. Water Quality Memorandum: A water quality memo will be prepared by BKF, evaluating construction and operational related water quality and hydrology impacts.The memo will be based on the preliminary hydraulics analysis memorandum, and will primarily evaluate and focus on construction related impacts to water quality and prescribe BMPs to make construction impacts less than significant. 11. Geotechnical Memorandum: In support of the NEPA, Geocon will perform a feasibility-level review to evaluate the background geologic setting along the proposed roadway extension and identify geotechnical constraints that may impact the project. The study will include a site reconnaissance,document review and preparation of formal letter/memorandum report. The scope includes: • Review relevant project information provided by BKF,the City of Dublin,the City of Livermore or Alameda County • Review geotechnical and geologic reports, aerial photographs (including stereoscopic pairs, if readily-available through local vendors), and other data in our files. • Perform a site reconnaissance to observe surface conditions along the alignment with particular attention paid to the apparent stability of existing slopes and creek banks. • Prepare a formal letter/memorandum report with preliminary opinions on the geotechnical feasibility of the project, potential geotechnical constraints and geologic hazards to the project, and recommendations for the scope of design- level geotechnical studies and/or geologic hazard evaluations. Existing information will be reviewed, and although no field exploration work is proposed for this phase, a site review and data research will be conducted.The geotechnical memorandum will define the general site soil, rock, and groundwater conditions, implications/issues pertaining to project planning and design, and provide preliminary design criteria and recommendation for necessary investigations for design. Page 10 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) 12. Hazardous Waste Technical Memorandum/Initial Site Assessment(ISA)Phase I: The purpose of the Hazardous Waste Technical Memorandum or ISA Phase I will be to provide a general evaluation of soil or groundwater contamination conditions along the Project route that could potentially impact the Project, as well as to evaluate the potential impacts associated with the project itself. The work is designed to identify the presence of known contaminated sites in the Project vicinity listed on the State Water Resource Control Board (SWRCB) GeoTracker website or other regulatory agency databases. Investigation do not include any soil, groundwater, or other hazardous materials sampling and analysis. The Hazardous Waste Technical Memo/ISA Phase I would also identify additional investigations recommended to be performed during the final design phase. 13. Traffic Operations-See Task E Below Environmental Documentation The EA will be prepared, circulated, and finalized in combination with the CEQA EIR currently being prepared for the CITY as part of the CSA. Summaries of the technical reports and other analyses will form the basis for the environmental document. The format and content of the EIR/EA will be in accordance with Caltrans SER and Environmental Handbook, and FHWA Technical Advisory T6640.8A and follow the Caltrans/FHWA annotated outline for joint EIR/EA documents. The team also will use Caltrans and FHWA QA/QC checklists to ensure the EIR/EA is complete and consistent with all state and federal requirements. The City will review the administrative draft EIR/EA before it is provided to Caltrans for review. Administrative versions will be provided to Caltrans for review after the City completes its review and authorizes release to Caltrans. EIR/EA for Public Review: Following reviews by Caltrans, a screencheck version will be prepared for approval by the City and Caltrans to circulate. Comments and Final EIR/EA: Upon completion of the public review period, CP will collect all comment letters received and prepare responses to each substantive comment. If necessary, revisions to the text of the EIR/EA will be made in response to the comments received. Additions and other modifications to the text shall be marked with a vertical line on the outside margin for review purposes. The final Mitigation Monitoring Plan and Permits, Approvals and Mitigation (PAM) form will be included in the final EIR/EA. Page 11 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) Task D Deliverables: • Draft and Final PES Form (PDF and 3 hard copies) • Draft and Final Technical Studies(PDF and 3 hard copies) • Two Draft Administrative Environmental Documents for Caltrans Review and Comment • Draft Environmental Document for Public/Agency Review Public Hearing • Two Draft Administrative Final Environmental Documents for Caltrans review and comment • Final Environmental Document Task D Assumptions: In formulating our cost estimate, we assumed the following: • Except as noted above, no focused or protocol-level surveys are included in the proposed scope of work. • A separate tree survey is not included in this proposed scope of work, however,the trees on the site will be surveyed and evaluated for the purposes of CEQA analysis in the EIR as part of the CSA. • Mitigation measures to be described in the technical reports and environmental document will be of sufficient detail for NEPA review purposes. However, preparation of detailed habitat mitigation plans, should such plans be necessary in the future, and identification of specific mitigation sites (e.g., for impacts to special-status species' habitat) is not included within the currently proposed scope. • No permitting or resource agency coordination is included in this scope of work. • This scope of work does not include conditions of agency permits and approvals, including the biological opinion and ITP that result in survey or monitoring needs. • It is assumed Caltrans will provide copies of cultural reports to SHPO. • Responding to two rounds of comments from Caltrans staff is assumed; excessive coordination and multiple rounds of comments will be considered additional work; however, a contingency budget has been added to the attached Summary of Scope and Hours to cover the possibility of costs of additional reviews and other unforeseen circumstances. • The scope of work builds upon the EIR currently being prepared for the CITY as part of the CSA. • Geometric design development, environmental clearance, and/or traffic operational analysis of new geometric alignment alternatives that connect to locations other than the project termini at Dublin Blvd/Fallon Rd and North Canyons Parkway/Doolan are excluded. • A separate Relocation Impact Report is excluded from this scope of services. Page 12 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) TASK E:TRAFFIC STUDY Since the Project is not on the SHS, a Caltrans-format Transportation Operations Analysis Report (TOAR) is not anticipated or required as part of the NEPA clearance. The current scoped CEQA EIR Traffic Study is assumed to satisfy NEPA traffic analysis requirements in its current format and scope, including providing comparable operational analysis/details for all project alternatives, which includes the following horizon years and scenarios: • Existing • Existing plus 4-lane project • 2025 no-project • 2025 plus 4-lane project • 2040 no-project • 2040 plus 4-lane project • 2040 plus 6-lane project However, in case minor alternations, adjustments, or traffic operational services are needed, a small budget has been identified for KAI to participate in 2 meetings, provide consultation, and supplement the CEQA EIR Traffic Study to address formatting and minor traffic operational discussions to comply with NEPA Task E Deliverables: • None Task E Assumptions: • Geometric design development, environmental clearance, and/or traffic operational analysis of new geometric alignment alternatives that connect to locations other than the project termini at Dublin Blvd/Fallon Rd and North Canyons Parkway/Doolan are excluded. • A separate TOAR will not be required. The Traffic Study, as scoped in the CSA, will satisfy Caltrans and NEPA Traffic Operational requirements Contingency Budget: Unforeseen circumstances can arise throughout the environmental and design process that require additional services. These circumstances include changes to the project description, new information discovered during scoping or background literature search, extensive public input, and delays in the project schedule. Additionally, Caltrans may request additional services for NEPA clearance or require additional rounds of technical report review. Although we strive to maintain budget according to the originally agreed upon contract and scope, these circumstances can inefficiently consume the project budget. For these reasons, we are conservatively included a 20% contingency budget to help manage the unforeseen circumstances. This contingency would not be available for use unless we have written consent by the City. Establishing a contingency budget upfront in the process allows for minimal disruptions to the schedule if the need were to arise. Page 13 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) Schedule: Overall, BKF/CP believe the process to complete the supplemental NEPA environmental clearance will have some impacts to the original CEQA Milestone Schedule under the CSA. Generally speaking, it is anticipated that the process will add time to supplement the stand-alone and new NEPA technical studies/reports. The schedule is related to the process for which allows publishing the DEIR/EA; all NEPA technical studies/reports must be approved/signed by Caltrans before proceeding, and may involve some iterations prior to approval. Additionally - the schedule can be affected by Caltrans scope requirements which will be determined early-on during the kick-off meeting and PES Field Review process; some of the optional services may be called-upon. However, in consideration of some additional time during the DED phase and some iterations prior to the publishing of the DEIR/EA, the remainder of the tasks/schedule/durations presented in the CSA are approximately the same, and therefore result in a projected environmental clearance in Fall 2018 (instead of late Spring 2018). Milestone Schedule: Tasks/Milestones NEPA CT Kick-Off Meeting 9/2017 PES Approval 11/2017 Submittal—Pre-Existing/Stand Alone (Supplemented)Technical Studies/Reports 11/2017 Submittal- NEPA Technical Studies/Reports 12/2017 to 1/2018 Approval—All NEPA Technical Reports 2/2018 to 3/2018 NEPA Administrative EA 3/2018 Public Review(45-day review) 7/2018 Admin FEIR/EA 9/2018 FEIR/EA Circulation 10/2018 Proposed Project Budget Scope/Fee Summary: BKF proposes to provide the services described above on a total not to exceed (NTE) fee basis of $286,485. BKF will invoice our services as summarized in the attached NEPA AMENDMENT - Preliminary Engineering Study for Dublin Boulevard-North Canyons Parkway Extension - Project Budget Scope/Fee Summary. Page 14 of 14 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A(Scope of Services) Page 15 of 14 EXHIBIT B 4S s 0 0 0 0 o 0 0 e 0 0 0 -,i; Clerical 2, f7 3 0 o 0 o 0 0 o 0 0 0 0 0 o Survey Crew 2, NC 0 y i O a Y Lw W A ::::::::::::::::: N W n 0 p q W W g« w I "r «« ; ri,w V x",' N W Oe Oe O�O�T Oe O u Y' t? r� " p SE E f 00 0 o e Sfrn r r Errrrrrrtrrrrq sil & rim $ 11-il , N "FFee ,C o m X_ 3 p rD a 5 3 o e o e o 0 o e o 0 0 N Strategic Advisor H Pi i y N C e 0 a m 0 N A M A i..; A A e 0 V ,j A A 0 G Director a. c^r N 0 0 i a A g - m W a N -- - m 0 0 8 0 0 n 1,--n G Project Manager n o 0 0 + 8tg N o - N N N e 0 e 0 N Senior Associate c -) o e 0 0 0 0 o 0 o 0 o N Senior Associate Ifl g. 0 0 _ 0 0 0 o e o A A A Senior Project — N Manager 0 0 o e 0 0 0 0 o 0 o 0 Senior Associate 2 e 0 1 N or.°> Nit> N W o,N 0 o 0 o 0 Coordinator n it e 0 t 88'g - 4.0 0 rn 0 0 0 0 0 Senior Graphics o m M N N C rap m ,° g o t ti HT Harvey 'fl."e ao N V N p W 0 y N N W r e INingworth e LI 3 e eb 00 3 O Q C N M N N G P M u WSA n a 5 N - r e e e ii $ e .. 0 0 V>A 0 0 0 0 N N N ol0 0 0 N N e ,r„°m o o e 0 ri a m rn = Circlepoint Total F " Hours N « 1,N�N,« ; «N, ««o � �„c u N H o �„ W N 0 o m N Ne« p0 Circlepoint/Env 0 o a s o e 0 o 0 0 0 0 0+o e 0 0 o m a'u m N r i iii 0 S ;Nil 0 o N Subconsultant Fee .. g m g o W NA N 0 - 0 0 0 0 o N NN N Principal -IS N 3 y N m mm rn rn - 0 0 o 0 o a AA Senior Engineer `Al n ig P N N A A A - 0 0 0 e 0 e 0 0 Engineer :n N 0 Vi 0000000000000000 i latelson Total 5 Er ,�A ,� W -IiII 0 - - - - - - - Hours rp rdr• N 6A ,046 !40 iJ; cN c o - 0 0 000000000000000 - - - - -e o 0 Gl 3 - -,`� - o N A - - - -°-x - o o N - - Word Processing a tb i rn R avi orn o i ; :;:::::;;;:;::: - -a —N E g - 0 0 0 0 - - - Geocon Total Fee ,p me W `:el t N V N t r m C b W Iud A g V O V g.N r.W W W N N a A r m e 8M C g A O o Task Hours . -to N N MM « N pNp M M N �w ........ N M M N«« i ' Law W gg> N N e -W b QNQ 0 0 N f.W A 0 W a+ O W+N V..4: W W„ m fr m Zt i V m gem w S El E. $ ern'm r W r°m r N r a E a0,o w o N o �. m r a W N A '" Total COSt , � N August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B :: BkF100+ YEARS ENGINEERS.SURVEYORS.PLANNERS PROFESSIONAL PERSONNEL SERVICE FEES JANUARY 1,2017-DECEMBER 31,2017 PERSONNEL HOURLY RATES ENGINEERING Senior Associate $206.00 Associate $200.00 Project Manager $190.00-$196.00 Engineer IV $176.00 Engineer I,U,III $124.00-$142.00-$162.00 Engineering Assistant $77.00 Junior Engineer $65.00 PLANNING Planner I,II,III,IV $124.00-$142.00-$162.00-$176.00 SURVEYING Senior Associate $206.00 Associate $200.00 Project Manager $190.00-$196.00 Surveyor I,IL III,IV $124.00-$142.00-$162.00-$176.00 Survey Party Chief $164.00 Survey Chainman $106.00 Apprentice I,IL III IV $65.00-$87.00-$96.00-$102.00 Instrumentman $141.00 Surveying Assistant $77.00 Junior Surveyor $65.00 Utility Locating Superintendent $165.00 Utility Locator],II,III $85.00-$120.00-$145.00 BIM Specialist I,II,III $124.00-$142.00-$162.00 DESIGN AND DRAFTING Technician I,0,111,IV $119.00-$127.00-$139.00-$150.00 Drafter L II,III,IV $93.00-$103.00-$111.00-$123.00 CONSTRUCTION ADMINISTRATION/QSP-QSD Senior Construction Administrator $185.00 Resident Engineer $137.00 Field Engineer 1,11,111 $124.00-$142.00-$162.00 Senior Consultant $215.00 SERVICES AND EXPENSES Project Assistant $77.00 Clerical/Administrative Assistant $65.00 Delivery Services $35.00 Principals'time on projects is chargeable at$230.00-$252.00 per hour. Charges for outside services,equipment,and facilities not furnished directly by BKF Engineers will be billed at cost plus 10%.Such charges may include, but shall not be limited to printing and reproduction services; shipping,delivery,and courier charges;subconsultant fees and expenses;special fees,permits,and insurance; transportation on public carriers,meals,and lodging;and consumable materials.Mileage will be charged at the prevailing IRS rate per mile.Monthly invoices are due within 30 days from invoice date.Interest will be charged at 0.833%per month on past due accounts.Expert witness/litigation rates are available upon request. Page 2 of 7 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B 2017 TIME&MATERIALS FEE SCHEDULE* STRATEGIC COMMUNICATION SERVICES Professional services will be rendered based on the following hourly rates: President $295 Senior Vice President $275 Project Director $195 Senior Project Manager $165 Project Manager $140 Senior Associate $120 Associate $95 Coordinator $80 !t. Creative services will be rendered based on the following hourly rates: Creative Director $195 Senior Art Director $165 Art Director $140 Web Manager $140 Senior Web Designer $125 Senior Graphic Designer $120 Web/Graphic Designer $100 Junior Web/Graphic Designer $80 Videographer $140 Ill. Supportive services will be rendered based on the following hourly rates: IT Director $175 IT Support $75 Accounting Manager $130 Accounting Clerk $70 Clerical $60 IV. Provision of related services and reimbursable expenses will be charged to the client as follows: Black and White Prints/Copies,In House $0.06-0.25 per page,depending on paper size Color Prints/Copies,In House $0.50-$1.75 per page,depending on paper size Faxes $0.60 per page Postage/Phone at cost Online Surveys $20 each Eblasts $14.00 each Mileage Per IRS Standard Mileage Rate Web Hosting $300 per year Domain Hosting $15 per year Vendor&Subconsultant Services 10%mark up for administration AV/Equipment Rental at cost V. Expert witness testimony or technical assistance on legal matters shall be provided at the rate of$300.00 per hour of witness and preparation time. *Rates are effective through December 31,2017 and subject to escalation in January2018. Page 3 of 7 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B 2017 TIME&MATERIALS FEE SCHEDULE* ENVIRONMENTAL PLANNING SERVICES Professional services will be rendered based on the following hourly rates: President $295 Senior Vice President $275 Project Director $250 Senior Project Manager $195 Project Manager $155 Senior Associate $130 Associate $100 Assistant/Coordinator $90 li. Creative services will be rendered based on the following hourly rates: Creative Director $195 Senior Art Director $165 Art Director $140 Web Manager $140 Senior Web Designer $125 Senior Graphic Designer $120 Web/Graphic Designer $100 Junior Web/Graphic Designer $80 Videographer $140 111. Supportive services will be rendered based on the following hourly rates: IT Director $175 IT Support $75 Accounting Manager $130 Accounting Clerk $70 Clerical $60 IV. Provision of related services and reimbursable expenses will be charged to the client as follows: Black and White Prints/Copies,In House $0.06-0.25 per page,depending on paper size Color Prints/Copies,In House $0.50-$1.75 per page,depending on paper size Faxes $0.60 per page Phone/Postage at cost Mileage Per IRS Standard Mileage Rate Online Surveys $20 each Eblasts $14 each Web Hosting $300 per year Domain Hosting $15 per year Vendor&Subconsultant Services 10%mark up for administration AV/Equipment Rental at cost V. Expert witness testimony or technical assistance on legal matters shall be provided at the rate of$300.00 per hour of witness and preparation time. "Rates are effective through December 31,2017 and subject to escalation in January 2018. Page 4 of 7 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B IKITTSON NN & ASSOCELIATES KITTELSON&ASSOCIATES,INC. BILLING RATE SCHEDULE Effective July 1,2017 The current billing rates for Kittelson&Associates,Inc.,staff are as follows and are subject to change: Staff Billing Rate Principal/Senior Principal S225-$315 Associate Engineer/Planner $190-$220 Senior Engineer/Planner $160-$185 Engineer/Planner $140-$155 Transportation Analyst $125-$135 Associate Technician $150-$175 Senior Technician $140-$145 Technician II $125-$135 Technician I $105-$120 Office Support $60-$90 Other Direct Costs Billing Rate Travel At Cost Mileage $.535/mile Page 5 of 7 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B BIGGS CAROOSA ASSOCIATES INC STRUL:I URAL ENGINEERS BBB Tha A Iamada San Jose, CA 95126-3133 Telephone 408-296-5515 Facsimile 409-296-8114 CHARGE RATE SCHEDULE Principal $216.00-$278.00 Associate 192.00 Engineering Manager 166.00 Project Administrator 136.00 Senior Engineer 150.00 Project Engineer 135.00 Staff ingineer 122.00 Assistant Engineer 112.00 Junior Engineer 106.00 Senior Computer Drafter 122.00 Computer Drafter 106.00 Junior Computer Drafter 95.00 Secretarial Services 88.00 Construction Manager 200.00 Senior Structural Representative 176.00 Structural Representative 156.00 Assistant Structures Representative 125.00 Senior Bridge Inspector 156.00 Subconsultants Cost Plus 10% Expenses Cost Plus 15% In-I Iouse C'.ADD Plots Prints $0.30/sq.ft. Plots $1.50/sq.ft. Mylar Plots $3.00/sq.ft. Charge Rates Applicable October 1,2016 Thru September 30,2017 aHMIN Page 6 of 7 August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B GFIOCON CONSULTANTS.INC. GEOTECHNICAL • ENVIRONMENTAL • MATERIALS 1 2017 SCHEDULE OF FEES PROFESSIONAL SERVICES Engineering Assistant/Laboratory Technician $80//hr. Engineering Field Technician/Special Inspector 1 75/S100(PW)*/hr. Engineering Field Technician/Special Inspector II 85/110(PW)*/hr. Engineering Field Technician/Special Inspector 111 95/120(PW)5/hr. Word Processor/Technical Editor 75/hr. Engineering/Research Assistant/Technical Illustrator. 90/hr. Project Coordinator/GIS Specialist 95/hr. Staff Engineer/Geologist 110/hr. Senior Staff Engineer/Geologist 120/hr. Project Engineer/Geologist 130/hr. Senior Project Engineer/Geologist 140/hr. Senior Engineer/Geologist/Geophysicist 160/hr. Associate Engineer/Geologist I 85/hr. Principal Engineer/Geologist/Litigation Support 225/hr. Deposition or Court Appearance 400/hr. Overtime and Saturday Rate 1.5 X Regular Hourly Rate Sunday and holiday Rate 2 X Regular Hourly Rate Minimum Professional Fee $500/Project Minimum Field Services Fee(per day or call-out) 2!lours *Prevailing Wage(PW)per requirements of California Labor Code§720.et.Seq. TRAVEL Personnel Regular!Toady Rate Subsistence(Per Diem) $150/day Vehicle Mileage_ 0.75/mile r-- EQUIPMENT&ANALYTICAL TESTS Nuclear Gauge Included in Technician hourly Rate Level D PPE/Decon Rinse Equipment $50/day Pick-up Truck $125/day pH/Conductivity/Temperature Meter 50/day Equipment Truck 200/day 55-gallon drum 55/ea. Direct-Push Rig/Operator 165/190(PW)*/hr TPHg/BTEX(EPA 8015M/8021B) 70/ea. Direct-Push Sample Liner 10/ea. TPIIg/BTEX/MTBE(EPA 8015M/8260B) 100/ca. Equipment Trailer 100/day TPHd/TPHmo(EPA 8015M) 75/ea. Wenner 4-Pin Earth Resistivity Meter 150/day Fuel Oxygenate Compounds(EPA 8260B) 110/ea. Coring Machine(concrete,asphalt,masonry) 175/day Volatile Organic Compounds(EPA 8260B) 150/ea. Dynamic Cone Penetrometer 200/day Semi-Volatile Organic Compounds(EPA 8270) 300/ea. Dilatometcr(DMT)Test Equipment 800/day CAM 17 Metals(EPA 60108) 170/ca. Generator or Air Compressor 100/day Single Metal(EPA 601013) 20/ca. GPS Unit 160/day Pesticides(EPA 8081) 125/es. Drive-Tube Sampler or Hand-Auger 40/day Soil pH(EPA 9045C) 20/ca. Soil Sample Tube(Brass or Stainless) 10/ea. WET or TCLP Extraction 75/ea. Water Level Indicator 40/day Sample Compositing 20/cotnposite. Battery-Powered Pump 75/day 48-hour Turnaround Time 60%surcharge Photo-Ionization Meter 125/day 24-hour Turnaround Time 100%surcharge -------------------------------------------------------------- LABORATORY TESTS COMPACTION CURVES SOIL AND AGGREGATE STABILITY 4-inch mold(131557/1)698) $175/ea. Resistance Value.R-Value(D2844/CAL301) $275/ea. 6-inch mold(211557/D698) 190/ea. R-Value,Treated(CAL301) 300/ea. California Impact(CAL2I6) 200/ea. California Bearing Ratio(DI883) I 75/pt Check Point 85/ea. Stabilization Ability of Lime(C977) I80/ea. 6671 Brisa Street • Livermore,California 94550 • Tel (925)371-5900 • Fax(925)371-5915 Page 1 of 2 Page 7 of 7 Alameda CTC Agreement No.A18-0018 Project No.1481.001 PROJECT FUNDING AGREEMENT between ALAMEDA COUNTY TRANSPORTATION COMMISSION and the CITY OF DUBLIN for the DUBLIN BOULEVARD—NORTH CANYONS PARKWAY EXTENSION This Project Funding Agreement("AGREEMENT"),dated for reference purposes only as of April 27, 2017,is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION,a joint powers agency ("ALAMEDA CTC"),and the CITY OF DUBLIN,a public agency("PROJECT SPONSOR"). This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below,and as further specified in Appendix A:Project Control Information and Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT,as such term is defined in Recital K below. El 2000 Measure B ❑ Transportation Fund for Clean Air ® 2014 Measure BB ❑ CMA TIP ❑ Vehicle Registration Fee RECITALS A. The voters of Alameda County,pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act,Public Utilities Code Section 131000,et seq.,approved Measure B at the General Election held in November 1986,authorizing the collection of a one-half cent transaction and use tax over a fifteen(15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority("ACTA") the responsibility for the administration of the proceeds of the tax along with other funds. The proceeds from the 1986 Measure B tax will be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan("1986 TEP"), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002,a number of capital projects funded wholly or in part by 1986 Measure B funds will not be completed until 2018 or later. B. The voters of Alameda County,pursuant to the provisions of the Local Transportation Authority and Improvement Act,Public Utilities Code Section 180000,et seq.,approved the reauthorization of Measure B at the General Election held on November 7,2000,authorizing the collection of a one-half cent transaction and use tax that will be collected for twenty(20)years beginning April 1,2002 and giving Alameda County Transportation Improvement Authority("ACTIA")responsibility for the administration of the proceeds of the tax along with other funds. The proceeds from the 2000 Measure B tax will be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan("2000 TEP"), as it may be amended. C. The voters of Alameda County,pursuant to Section 65089.20 of the Government Code, approved Measure F,the Vehicle Registration Fee("VRF"),authorizing Alameda County Congestion Management Agency("ACCMA") to administer the proceeds from a$10 per year vehicle registration fee on Page 1 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 each annual motor-vehicle registration or renewal of registration in Alameda County,starting in May 2011,six months following approval of Measure F.Vehicles subject to the VRF include all motorized vehicles, including passenger cars,light-duty trucks,medium-duty trucks,heavy-duty trucks,buses of all sizes, motorcycles,and motorized camper homes,unless vehicles are expressly exempted from the payment of the VRF. D. By resolutions adopted by the ACTA and ACTIA Boards on June 24,2010,all of ACTA's functions and responsibilities were assigned to,and accepted by,ACTIA. On that same date,the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC,a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC,ACCMA and ACTIA were terminated as of the dose of business on February 29,2012,with ALAMEDA CTC designated as the successor entity. All of its predecessors'functions and responsibilities have been assigned to,and accepted by,ALAMEDA CTC. E. The voters of Alameda County,pursuant to the provisions of the Local Transportation Authority and Improvement Act,California Public Utilities Code Section 180000 et seq.,approved Measure BB at the General Election held on November 4,2014,authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31,2022,and the augmentation of the tax by one-half of one percent,and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax.The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection,which began April 1,2015,with said tax to terminate/expire on March 31,2045.The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan("2014 TEP"),as it may be amended. F. As the Transportation Fund for Clean Air("TFCA")Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC will receive these funds from the Bay Area Air Quality Management District("BAAQMD"),and will then reimburse these funds to eligible project sponsors. G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program,originally established by the ACCMA,for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program("CMA TIP") by ALAMEDA CTC. H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system,consisting of 1986 Measure B,2000 Measure B,2014 Measure BB,VRF,TFCA,and CMA TIP,are collectively defined as and shall be referenced as the"ALAMEDA CTC ADMINISTERED FUNDS"herein. Direct Local Distribution ("DLD") funding distributed pursuant to 2000 Measure B,VRF and 2014 Measure BB is covered by separate agreements between ALAMEDA CTC and DLD recipients. I. Measure B,Measure BB,VRF,and TFCA funds obligated by this Agreement shall be programmed,allocated,and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans,or the BAAQMD-approved TFCA County Program Manager Policies. Page 2 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan("CIP") that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS,and the policies,procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS. K The PROJECT SPONSOR is implementing a project or program("PROJECT")that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A:Project Control Information. L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement,for the PROJECT and the phase(s)described in Appendix A:Project Control Information. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s)described in Appendix A:Project Control Information. M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information. NOW,THEREFORE,it is agreed by and between the parties as follows: SECTION I PROJECT SPONSOR AGREES: 1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A:Project Control Information b. Appendix B:Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C:Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D:Alameda CTC Funding Shift Approval Form e. Appendix E:Local Business Contract Equity Program f. Appendix F:Task Deliverables and Due Dates g. Appendix G:Project Performance Measures h. Appendix H:Transportation Fund for Clean Air Policies and Requirements 2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A:Project Control Information. 3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A:Project Control Information as soon as PROJECT SPONSOR becomes Page 3 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 aware of such changes.Per Section III.2,any changes that require an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to the PROJECT SPONSOR implementing the change. 4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B:Alameda CTC Administered Funds Obligated by this Agreement. 5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law. 6. PROJECT SPONSOR shall be responsible for costs in excess of the total of the funding obligations shown in Appendix A:Project Control Information. Costs in excess of the total of the funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended or the parties execute separate agreement for a subsequent phase of the PROJECT. 7. PROJECT SPONSOR shall return to ALAMEDA CTC,on a pro-rated basis,funds realized from the sale of any vehicle(s)purchased with ALAMEDA CTC ADMINISTERED FUNDS,if the sale of the vehicles) is completed prior to the last day of the last year listed as the PROJECT'S"Years of Effectiveness"as shown in either Appendix A:Project Control Information or Appendix H:Transportation Fund for Clean Air Policies and Requirements.The amount of funds returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s). 8. PROJECT SPONSOR staff costs for any local agency,which receives DLD funding,shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT. These costs can be included in the total cost and funding amounts for the purposes of the cost and risk sharing provisions of this AGREEMENT,but PROJECT SPONSOR staff costs shall not be eligible for reimbursement by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT,unless specifically identified as eligible in Appendix A:Project Control Information. 9. Fringe benefits for PROJECT SPONSOR staff time shall not exceed a maximum mark-up rate of 70%of the hourly wage,and shall be based on an audited rate provided by PROJECT SPONSOR. PROJECT SPONSOR staff costs may include the individual's actual hourly wage rate plus an approved fringe benefit of no more than 70%of the hourly wage,and may include direct costs including contracts for services,such as legal counsel,that are considered an extension of the PROJECT SPONSOR'S staff. 10. Overhead,or"indirect," costs associated with PROJECT SPONSOR staff time are not eligible for the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT,and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs. 11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or third- party contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC. 12. PROJECT SPONSOR shall advertise, award and administer any professional services contract for PROJECT work not performed by PROJECT SPONSOR. Page 4 of 16 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR'S selection panels for the selection of professional consultants,and furnish copies of the professional services contracts to ALAMEDA CTC for ALAMEDA CTC's review and approval prior to approval by the PROJECT SPONSOR on contracts utilizing Measure B and Measure BB funds. 14. All contracts approved by PROJECT SPONSOR funded wholly or in part by funds authorized by Measure B,Measure BB,and Vehicle Registration Fee administered by ALAMEDA CTC are required to comply with ALAMEDA CTC's Local Business Contract Equity Program as referenced in Appendix E:Local Business Contract Equity Program. To the extent that the procurement of a contract is not required to include the contract goals specified in ALAMEDA CTC's Local Business Contract Equity Program,PROJECT SPONSOR shall not be relieved from the responsibility of reporting LBE/SLBE/VLSBE participation in the contract. PROJECT SPONSOR shall provide this data as required with any request for reimbursement submitted to ALAMEDA CTC. 15. PROJECT SPONSOR shall require that professional services consultants,construction services contractors,volunteer service individuals involved with the PROJECT,and any other contractors or subcontractors name ALAMEDA CTC,its governing body,officers,employees and consultants as additional insured on all appropriate insurance required by PROJECT SPONSOR for PROJECT.PROJECT SPONSOR shall submit to ALAMEDA CTC current insurance documentation on all appropriate insurance required by PROJECT SPONSOR for PROJECT.If this AGREEMENT includes any TFCA funds,PROJECT SPONSOR shall comply with the insurance requirements specified in Appendix H:Transportation Fund for Clean Air Policies and Requirements. 16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e.,monthly,quarterly or semi-annually)progress reports.The required progress reporting frequency schedule and forms are provided in Appendix C:Alameda CTC Request for Reimbursement and Reporting Requirements.Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall describe the current status of the PROJECT,actions taken,total costs incurred, reimbursable costs incurred during the previous month;actions expected to be taken during the next month; an updated schedule with estimated completion date,scope changes,project-related issues,notices of potential claims,general project issues,contract change orders,performance reporting,reporting of DBE, LBE,SLBE and VLSBE participation from prime and first tier subconsultants as applicable,and any additional relevant information requested by ALAMEDA CTC. 17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT,but not more than one such request per month,for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR.The required minimum invoicing frequency and invoice forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period,in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR is requesting reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract amount of$50,000 or greater in value,e.g.a consultant,contractor or other entity, Page 5 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC(upon ALAMEDA CTC'S request)prior to ALAMEDA CTC authorizing reimbursement of such costs. Each Request for Reimbursement shall also include detailed supporting documentation for the total PROJECT costs with the reimbursable portion of the total costs clearly identified. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors,consultants,or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method,subject to approval in advance by ALAMEDA CTC,to document staff costs charged to the PROJECT. 18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log in a format approved by ALAMEDA CTC upon ALAMEDA CTC's request,if the PROJECT includes the acquisition of right of way and/or the relocation or protection of utility facilities.PROJECT SPONSOR shall also provide a monthly update of the right-of-way acquisition plan to ALAMEDA CTC. 19. PROJECT SPONSOR shall keep in one central location all necessary PROJECT records to demonstrate compliance with this AGREEMENT,including documentation of activities,performance,progress reports,final report,expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C:Alameda CTC Request for Reimbursement and Reporting Requirements for a period of not less than five(5)years after ALAMEDA CTC's payment of the final invoice and the PROJECT SPONSOR'S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR's contractors and subcontractors shall each maintain and make available for inspection and audit all books,documents,papers, accounting records,and other evidence pertaining to the performance of such contracts, including,but not limited to,the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit,or make copies of any PROJECT records for a period of five(5)years after ALAMEDA CTC's payment of the final invoice and the PROJECT SPONSOR'S submittal of the Final Report. The same access shall also be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT. 20. PROJECT SPONSOR shall comply with all of the following publicity requirements under Section I.20 to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo,where practical,on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT,and on any publically distributed information(e.g., fact sheets,flyers,brochures,maps,schedules,websites,press releases),created for or associated with the PROJECT. For TFCA funding obligated through this AGREEMENT,SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo. Page 6 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR's website,or create such a website if none exists,and provide a link to ALAMEDA CTC website. c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter,local newspaper,e-publications,or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year. For TFCA funding obligated through this AGREEMENT,SPONSOR shall also credit the BAAQMD as a funding source. d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request,and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage,copies of print,electronic and other media published to satisfy this requirement. For TFCA funding obligated through this AGREEMENT,SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed. e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under Section I.20 due to extraordinary circumstances. 21. PROJECT SPONSOR shall,to the extent not otherwise prohibited by law,and to the extent required by the California Public Records Act(California Government Code section 6250 et seq.),place in the public domain any software,written document,or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT. 22. PROJECT SPONSOR shall participate,upon the request of ALAMEDA CTC,in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits being derived from the use of ALAMEDA CTC ADMINISTERED FUNDS. 23. PROJECT SPONSOR shall obtain all state,local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act(NEPA) and the California Environmental Quality Act(CEQA),as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations. A list of permitting agencies,required agreements and coordinating agencies is included in Appendix A:Project Control Information. 24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC's request,in regard to its receipt,compliance audit findings,and usage of its funds before the ALAMEDA CTC Commission,Independent Watchdog Committee,and/or community advisory committees,as applicable. 25. For TFCA funds obligated by this AGREEMENT,a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5)years from the date of BAAQMD's final audit determination.Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been Page 7 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 satisfactorily implemented.A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds.A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings. 26. For TFCA funds obligated by this AGREEMENT,PROJECT SPONSOR shall return to ALAMEDA CTC,on a pro-rated basis,TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout and at least until the conclusion of its`Years of Effectiveness"as shown in Appendix H:Transportation Fund for Clean Air Policies and Requirements. 27. For TFCA funds obligated by this AGREEMENT,PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC.The required content for the TFCA Final Report is identified in the TFCA Final Report Form,included in Appendix H. SECTION II ALAMEDA CTC AGREES: 1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. 2. ALAMEDA CTC shall assist PROJECT SPONSOR when able,upon request and as necessary,in resolving issues related to the PROJECT. 3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT. 4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR,which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures. 5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are in compliance with this agreement or the applicable ALAMEDA CTC ADMINISTERED FUNDS. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. That obligations of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT covered by this AGREEMENT,or between activities in the same phase of the PROJECT,provided that PROJECT SPONSOR: (A) obtains ALAMEDA CTC's prior written approval through completion and submittal to ALAMEDA CTC of the form in Appendix D:Alameda CTC Funding Shift Approval Form,and(B)provides a revised and updated Appendix A:Project Control Page 8of16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 Information to ALAMEDA CTC which reflects the requested shift of the funding obligations authorized by this AGREEMENT and demonstrates that the phase or activity from which the funds were shifted remains fully funded. Alternatively,ALAMEDA CTC ADMINISTERED FUNDS may be shifted through an amendment to this AGREEMENT executed by the parties,which amendment shall incorporate a revised and updated Appendix A as described above. 2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an"Administrative Amendment"for any minor schedule revisions,deliverables,or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR.Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A: Project Control Information which reflects the requested changes by the PROJECT SPONSOR. 3. For the purposes of this AGREEMENT, (i)a"Contract"shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT,including agreements with another public agency,consultant firm,contractor or entity;(ii) "PROJECT SPONSOR Staff"costs include costs related to staff dedicated directly to management,oversight,or development work on the project and may include direct costs including contracts for services,such as legal counsel,that are considered an extension of PROJECT SPONSOR Staff;(iii) "Capital"with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property,access rights and other property interests;and(iv) "Agreement Expiration Date"shall mean and refer to the expiration date of this AGREEMENT. 4. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B:Alameda CTC Administered Funds Obligated by this Agreement will not be considered for reimbursement pursuant to this AGREEMENT. In all cases,reimbursable costs will be limited to those costs shown in Appendix A:Project Control Information,to be funded by ALAMEDA CTC as shown in Appendix B:Alameda CTC Administered Funds Obligated by this Agreement. 5. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC.The AGREEMENT shall be amended,as necessary,to reflect the applicable requirements. 6. If additional local,state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT,ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered. ALAMEDA CTC ADMINISTERED FUNDS offset by additional local,state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT,as described in Appendix A:Project Control Information,has been committed and/or encumbered to the PROJECT. 7. Should any portion of PROJECT be financed with federal or state funds,all applicable laws, rules and policies relating to the use of such funds shall apply,notwithstanding other provisions of this AGREEMENT. 8. For TFCA funds obligated by this AGREEMENT,this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix H: Page 9 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder.ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies. 9. The laws of the State of California shall govern this AGREEMENT. 10. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location.For projects with TFCA funds obligated by this AGREEMENT,all correspondence and communications will also contain the TFCA project number as identified in Appendix H:Transportation Fund for Clean Air Policies and Requirements. 11. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees,and shall require its contractors and subcontractors to agree,to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying. 12. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically provided for in Appendix A:Project Control Information,and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis,as used herein,equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase,divided by the total funding for the phase, as shown in Appendix A:Project Control Information. For any Request for Reimbursement which includes such expenditures,PROJECT SPONSOR shall(i)report the total expenditures during the reimbursement period, (ii)indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT,and(iii)request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage. For TFCA funds obligated by this AGREEMENT,in the event reimbursement requests are greater than available funds due to delays in ALAMEDA CTC's receipt of revenue from BAAQMD,available funds will be reimbursed to PROJECT SPONSOR based on the percentage that the PROJECT cost bears to ALAMEDA CTC's overall TFCA program revenue total until such time full funding is available. 13. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current,approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC.If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT,ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty(30) days prior to the effective date of any such action,ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables,invoicing and reporting is overdue. 14. Request for Reimbursements submitted after the Agreement Expiration Date identified on Appendix B:Alameda CTC Administered Funds Obligated by this AGREEMENT will not be considered for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty(60) days before the Agreement Expiration Date,and the exception is approved by ALAMEDA CTC. Page 10 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT. 15. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT,irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.16(a) through Section III.16(f),the provisions of which are intended to provide further detail regarding the application of such Policies,shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC,the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which incorporates the applicable terms of such revised Policies. 16. For the purposes of the following provisions,"ALAMEDA CTC Share"shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e.,if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS,ALAMEDA CTC Share shall equal 100%);any appraisal required under Section III.16(a) and Section III.16(f)only,shall be conducted at no cost to ALAMEDA CTC;"Fair Market Value"of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction,or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction;and"CPI"means the Consumer Price Index,All Items for All Urban Consumers,San Francisco- Oakland,San Jose,CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition,and the PROJECT is cancelled or otherwise does not begin construction within three(3)years after the effective date of AGREEMENT(as such deadline may be extended by agreement between the parties hereto),then PROJECT SPONSOR shall,within one(1)year after such cancellation decision or the expiration of such three (3)year period,reimburse ALAMEDA CTC for the greater of the following:ALAMEDA CTC Share of the property's Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property,as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT,and if the PROJECT begins construction within three(3)years after the effective date of this AGREEMENT(as such deadline may be extended by agreement between the parties hereto),then PROJECT SPONSOR shall,within one(1)year after PROJECT completion,reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be"excess property"after the completion of the PROJECT and disposal of the"excess property." Page 11 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 c. If the PROJECT begins construction within three (3)years after the effective date of this AGREEMENT(as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (iv)below,no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e.,rental or other income generated by the property,less reasonable costs for insurance,maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS,PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs,and document such revenue separately in project reimbursement requests. e. If PROJECT is suspended,PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten(10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If,after ten(10)years, PROJECT has not been completed,PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property,based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC,within one(1)year after the expiration of this ten (10)year period. 17. If condemnation procedures are required to obtain possession to Right-of-Way,ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation,the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account. 18. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured. 19. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following: a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements,including the costs for preparation of documents, negotiations and legal services. b. The cost of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations (and net of any relocation payments provided by Page 12 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 other sources)when the PROJECT displaces an individual,family,business,farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs. e. The cost of all unavoidable utility relocation,protection or removal necessary for the completion of the PROJECT. f. The cost of all necessary hazardous material and hazardous waste treatment,encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made. 20. If PROJECT SPONSOR materially breaches this AGREEMENT,including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT,or failing to comply with applicable regulations,ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT. 21. Neither ALAMEDA CTC,nor its governing body or any officer,consultant,or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed,pursuant to Government Code Section 895.4,PROJECT SPONSOR shall fully defend,protect,indemnify and hold harmless ALAMEDA CTC,its governing body,and all its officers,employees,agents,representatives,and successors-in- interest,against any and all liability,loss,expense,including reasonable attorneys'fees,or claims for injury(as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT,including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.If TFCA funds are obligated by this AGREEMENT,PROJECT SPONSOR shall also fully defend,protect,indemnify and hold harmless BAAQMD, its governing body,and all its officers,employees,agents,representatives,and successors-in-interest,from any liability imposed on BAAQMD for injury(as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT. 22. Neither PROJECT SPONSOR,nor its governing body or any officer,consultant,or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work,authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed,pursuant to Government Code Section 895.4,ALAMEDA CTC shall fully defend,protect,indemnify and hold harmless PROJECT SPONSOR, its governing body,and all its officers,employees,agents,representatives,and successors-in-interest,against any and all liability,loss,expense,including reasonable attorneys'fees,or claims for injury(as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT,including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. Page 13of16 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 23. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries. 24. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care,or for any other cause of action,will be subject to the statutes of limitations of the State of California. 25. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party. 26. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing,Sections III.21 and Section I1I.22 shall survive the termination or expiration of this AGREEMENT. 27. This AGREEMENT,including its Recitals and Appendices, constitutes the entire AGREEMENT.This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties. [Signatures on the next page] Page 14 of 16 Alameda CTC Agreement No.A18-0018 Project No.1481.001 CITY OF DUBLIN ALAMEDA COUNTY (PROJECT SPONSOR) TRANSPORTATION COMMISSION (ALAMEDA CTC) By: By: Christopher L. Foss Date Arthur L.Dao Date City Manager Executive Director Recommended Recommended By By: Gary Huisingh Date Trinity Nguyen Date Public Works Director Director of Project Delivery Reviewed as to Budget/Financial Controls: By: Patricia Reavey Date Deputy Executive Director of Finance and Administration Approved as to Legal Form: Approved as to Legal Form: By: B -�`` C' l / 7—' Y� John Bakker Date Wendel,Rosen,Black-8z Dean T JP Date City Attorney Legal Counsel to ALAMEDA CTC Page 15of16 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 LIST OF APPENDICES APPENDIX A: PROJECT CONTROL INFORMATION Appendix A-1 Project Description Appendix A-2 Project Phase Descriptions Appendix A-3 Project Milestone Schedule Appendix A-4 Project Responsibility Checklist Appendix A-5 Project Funding Summary by Phase and Fund Source Appendix A-6 Project Phase Cost Detail and Special Considerations Appendix A-7 Permits/Agreements/Coordinating Agencies APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS Appendix C-1 Request for Reimbursement and Progress Reporting Frequency Requirements Appendix C-2 Sample Alameda CTC Request For Reimbursement Instructions and Forms Appendix C-3 Sample Alameda CTC Progress Report Format Appendix C-4 Sample Alameda CTC Final Report Format APPENDIX D: ALAMEDA CTC FUNDING SHIFT APPROVAL FORM APPENDIX E: LOCAL BUSINESS CONTRACT EQUITY PROGRAM APPENDIX F: TASK DELIVERABLES AND DUE DATES APPENDIX G: PROJECT PERFORMANCE MEASURES APPENDIX H: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Page 16of16 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 APPENDIX A PROJECT CONTROL INFORMATION Appendix Index Appendix A-1 Project Description Appendix A-2 Project Phase Descriptions Appendix A-3 Project Milestone Schedule Appendix A-4 Project Responsibility Checklist Appendix A-5 Project Funding Summary by Phase and Fund Source Appendix A-6 Project Phase Cost Detail and Special Considerations Appendix A-7 Permits/Agreements/Coordinating Agencies Appendix A—Page 1 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 APPENDIX A-1 PROJECT DESCRIPTION Project Title: Dublin Boulevard—North Canyons Parkway Extension Project Description: Dublin Boulevard-North Canyons Parkway Extension project would extend Dublin Boulevard in Dublin at its current terminus at Fallon Road to North Canyons Parkway in Livermore.The new extended street is planned to have 4 to 6 travel lanes,bike lanes,sidewalks,curb and gutter,traffic signals/roundabouts,a raised median,bus stops,and all street utilities.This project will consider the provision of dedicated transit lanes in addition to the mixed flow travel lanes for higher level of transit service with 10 to 20 minute headways during appropriate peak demand periods. This project will also require enhanced multimodal connectivity to various land uses along its stretch and at its terminus, including connectivity to five Priority Development Areas (PDAs).While addressing Sustainable Communities Strategies,circulation inside and outside the PDAs will need to be incorporated as part of the design. Project Map Proposed Extension of Dublin Boulevard—North Canyons Parkway Les Posltaz College LwannzRV.r.�b.d Dublin:Town Center Avenue/BART Station 1'1L'/f' Planning Area AO Vi es.. "A, r• SAD de i es' / I ore O IPA. N•canyons Pkwy Perteka M S \ / . Proposed Extension of Dublin lied. ■ N r.IOrlty oevebPwenl amm Dublin City Limit: Area suburban Center N.T.S r_■ Livermore City Limits Appendix A—Page 2 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 APPENDIX A-2 PROJECT PHASE DESCRIPTIONS The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below: Preliminary Engineering/Environmental Studies The Project is currently in the Preliminary Engineering and Environmental phase.Tasks include: development of a Precise Alignment and preliminary design of the roadway,determining the needed number of travel lanes for the horizon year of 2040,and preparation and certification of an approved environmental document for State and Federal requirements. Appendix A—Page 3 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 APPENDIX A-3 PROJECT MILESTONE SCHEDULE Begin End Phase/Milestone (Mo/Yr) (Mo/Yr) Scoping 11/2016 08/2018 Preliminary Engineering/Environmental Studies 11/2016 08/2018 CEQA Approval 03/2017 08/2018 NEPA Approval 09/2017 08/2018 Final Design(Plans,Specifications and Estimate(PS&E)) 08/2018 12/2019 Right-of-Way Acquisition 09/2019 12/2020 Right of Way Certification 12/2020 03/2021 Construction 03/2021 03/2023 Operations Other/non-capital: (describe here) Notes: Environmental Clearance Status: CEQA NEPA Environmental Document Type EIR* TBD Begin Environmental Process 03/2017 09/2017 Draft Circulation (if known) 03/2018 03/2018 Date of Public Meeting(if known) 03/2018 03/2018 Final Draft Submitted 06/2018 06/2018 Actual Certification Date 08/2018 08/2018 Percent Complete 20 0 *Environmental Impact Report Appendix A—Page 4 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 APPENDIX A-4 PROJECT RESPONSIBILITY CHECKLIST Project Responsibility Checklist:The table below identifies specific project responsibilities of the ALAMEDA CTC and the PROJECT SPONSOR for implementing the PROJECT contained in this AGREEMENT. No. PROJECT ACTIVITY ALAMEDA CTC SPONSOR 1. Provide Conceptual Geometrics (GAD) C 2. Approve Conceptual Geometrics S 3. Provide Available Survey Control,Topography&Aerial Survey Data C 4. Obtain Permits C 5. Prepare Engineering Studies&Reports C 6. Review Engineering Studies&Reports S/C 7. Approve Engineering Studies &Reports S 8. Review R/W Requirements (takes,easements,etc.) 9. Approve R/W Requirements (takes,easements,etc.) 10. Prepare R/W Acquisition Permits 11. Review R/W Acquisition Permits 12. Approve R/W Acquisition Permits 13. Acquire R/W 14. Prepare Record of Survey 15. Review Record of Survey 16. Transfer R/W to State 17. Locate Existing Utilities 18. Coordinate Utilities Relocation with Utilities 19. Prepare Utility Agreements 20. Review Utility Agreements 21. Approve Utility Agreements 22. Execute Utility Agreements 23. Prepare PS&E and all associated documents 24. Review PS&E and all associated documents 25. Approve PS&E and all associated documents 26. Advertise Construction Contract 27. Open Construction Bids and Proposals 28. Contract Award Recommendations 29. Award Construction Contract 30. Administer Construction including Inspection&Surveying 31. Review Contract Change Orders (CCO's) 32. Approve CCO's 33. Design Services During Construction 34. Prepare As-Builts 35. Close-out Contract LEGEND: C=consultant S=staff S/C=staff and contractor/consultant Appendix A-Page 5 Alameda CTC Agreement No.A18-.0018 Project No.1481.001 APPENDIX A-5 PROJECT FUNDING SUMMARY BY PHASE AND FUND SOURCE PROJECT FUNDING SUMMARY BY PHASE AND FUND SOURCE (7 x 1,000) Alameda CTC Administered Funds imb PHASE Other Total Re Ratioment Funds Funding Percentage 2014 Measure BB Planning/Scoping $ $0 $0 Preliminary Engineering/ Environmental Studies $500 $715 $1,215 41.2% Final Design(PS&E) $ $ $ • Right-of-Way Capital $ $ $ Right-of-Way Support $ $ $ Construction Capital $ $ $ Construction Support $ $ $ Operations $ $ $ Other $ $ $ Total Funding $500 $715 $1,215 Notes: 1. PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase.Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount.The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS over the Total Funding. Appendix A—Page 6 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 APPENDIX A-6 PROJECT PHASE COST DETAIL This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT. PROJECT PHASE COST DETAIL x 1,000) CONSTRUCTION Total 2014 Measure BB Other Local Cost SPONSOR STAFF COSTS Sponsor Staff Time $ $100 $100 Sponsor Direct Costs $ $ $ Sub-total Sponsor Staff Cost $ $100 $100 CONTRACT COSTS Professional Services Consultant(BKF) $500 $615 $1,115 $ $ $ Sub-total Contract Cost $500 $615 $1,115 Total Phase Cost $500 $715 $1,215 (Staff+Contract Costs) Special Considerations related to funding the breakdown for the phase,e.g. 100%one fund source,certain funds to be expended before others,etc. Appendix A—Page 7 Alameda CTC Agreement No.A18-0018 Project No.1481.001 APPENDIX A-7 PERMITS/AGREEMENTS/COORDINATING AGENCIES A list of permitting agencies,required agreements and coordinating agencies is included in this appendix. Per Section I.23 of this AGREEMENT,PROJECT SPONSOR shall obtain all state,local and federal permits and approvals for work,including environmental approvals in accordance with the National Environment Policy Act(NEPA) and the California Environmental Quality Act(CEQA),as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations. PERMITS: • PG&E • Dublin San Ramon Services District • Zone 7 Water Agency • County of Alameda • City of Livermore • San Francisco Bay Regional Water Quality Control Board • California Department of Fish&Wildlife • U.S.Fish and Wildlife Service • U.S.Army Corps of Engineers AGREEMENTS: • Memorandum of Understanding—Cost sharing on P.E phase between City of Dublin and the City of Livermore COORDINATING AGENCIES: • Alameda County Public Works Agency(ACPWA) • Alameda County Transportation Commission(ALAMEDA CTC) • Metropolitan Transportation Commission(MTC) • California Department of Transportation(Caltrans) • Federal Highway Administration (FHWA) • City of Livermore Appendix A—Page 8 Alameda CTC Agreement No.A18-0018 Project No.1481.001 APPENDIX B ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source. TABLE B-1 FUNDS OBLIGATED BY THIS AGREEMENT AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES Fund Fund Commission Allowable Expenditure Obligated Source Subset Phase Approval Start Date Deadline Amount Date Date 2014 MBB TEP-026 PE/ENV 4/27/2017 4/27/2017 12/31/20/8 $500,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $500,000 Agreement Expiration Date: 3/31/2019 Notes: 1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT,by fund source. 2. The Commission Approval Date is the date of the Commission Meeting that authorized and approved the allocation. 3. The Allowable Start Datc identified for each fund source is the earliest date to incur eligible reimbursable costs.Any costs incurred on the PRoJEcr before this date will not be eligible for reimbursement under this AGREEMENT. 4. The Expenditure Deadline Date identifies is the last date to incur eligible reimbursable costs. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT. 5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT. 6. For TFCA funds obligated by this agreement the identified Expenditure Deadline Date in the above table is two(2)years from the date of the first receipt of funds by the ALAMEDA CTC from BAAQMD,unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC.Extended deadlines will be reflected in the above table. Appendix B-Page 1 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 APPENDIX B(CONT.) Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below. TABLE B-2 ALAMEDA CTC ADMINISTERED FUNDS REIMBURSEMENT-DRAWDOWN LIMITATION SCHEDULE Quarterly Cumulative No. Fiscal Year Quarter Fund Source Drawdown Drawdown Limitation Amount Limitation Amount 1 17/18 1 2014 MBB $0 $0 2 17/18 2 2014 MBB $0 $0 3 17/18 3 2014 MBB $0 $0 4 17/18 4 2014 MBB $200,000 $200,000 5 18/19 1 2014 MBB $100,000 $300,000 6 18/19 2 2014 MBB $100,000 $400,000 7 18/19 3 2014 MBB $100,000 $500,000 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notes: 1. Fiscal Year(FY)begins July 1 and ends June 30. 2. Quarter I begins July 1 and ends September 30;Quarter 2 begins October I and ends December 31;Quarter 3 begins January 1 and ends March 31;and Quarter 4 begins April 1 and ends June 30. 3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following a receipt and approval of a Request for Reimbursement(s)by the PROJECT SPONSOR. 4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CPC's written approval.Any portion of a reimbursement request,which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter. Appendix B-Page 2 Alameda CTC Agreement No.A18-0018 Project No.1481.001 APPENDIX C REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS Appendix Index Appendix C-1 Request for Reimbursement and Progress Reporting Frequency Requirements Appendix C-2 Sample Alameda CTC Request For Reimbursement Instructions and Forms Appendix C-3 Sample Alameda CTC Progress Report Format Appendix C-4 Sample Alameda CTC Final Report Format Note: • The latest electronic versions may be obtained from hi p: www.aIamedacrc.ot'e%'pp pAges/view•/8)66. • The format and content required are subject to change. Appendix C—Page 1 Alameda CTC Agreement No.A18-0018 Project No.1481.001 APPENDIX C-1 REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING FREQUENCY REQUIREMENTS The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports. Requests for Reimbursements and Progress Reports are required either monthly,quarterly,or semi-annually,as indicated below with an"X". REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING FREQUENCY AND DUE DATES Frequency Required Minimum Frequency Period Covered Due Dates (as checked) Monthly One month By 30 days of end of billed (once every month) activity Quarterly Quarter 1: 7/1—9/30 By October 31st (once every 3 months) Quarter 2: 10/1 —12/31 By January 315' Quarter 3: 1/1—3/31 By April 30'h Quarter 4: 4/1—6/30 By July 31st Semi-annually Quarters 1 &2: 7/1-12/31 By January 315' (once every 6 months) Quarters 3&4: 1/1—6/30 By July 31.' Annually Fiscal Year: 7/1—6/30 By September 30'h. o (IACAAnnual Report) Final Request for Any work period eligible Must be submitted prior to the Reimbursement under Appendix B. Agreement Expiration Date. Notes: 1. For all projects,the maximum frequency for Requests for Reimbursement are one(1)per month. 2. If no costs were incurred during the reporting period,a progress report for the corresponding period is still required. 3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.See Appendix I-I for TFCA-specific report forms. 4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement. Appendix C—Page 2 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 APPENDIX C-2 SAMPLE ALAMEDA CTC REQUEST FOR REIMBURSEMENT INSTRUCTIONS AND FORMS AM,•Abtnnt A.,nUaeon CommeO w W.-.m MI Alin••■wl.ro Na.RAY=kquntM NnmWwow410 R) 1111 u,CA y,L P.101 0411CA 941E FORM 1 ■1•••0.CR eem01l1we0 t EA ,Me mule 1'Nte,we 5S'S'M'C'.AA'P.,ttcT,/ Request for Reimbursement Summary AE,«.,... ._. Nt.MR.VMS S.nr, Costs W re/i , / L.,. /1,4" TlSelNe n W. .►A✓n .�YwOwoY w ..w L + L 4+ • �i W neMLYtlKImfO{ M eal ._ urJ MO*Op.. 1.•=• •4.•• 1•w•l.r aN. n.rM''' Yr.N.r .mow ~�� I rrwr ....erbr mw +r Nme•.e I { L e L I wr• • S L L 1 . . - 3 s S L L TOT. • L I 1, - A..na. ».a...- 4.m.n T, FORM 2 SPONSOR COST DETAIL PI*.510,1, C. Invoice Ea..1/0/00 Women No; 0 Moire Nn0 Project NumberIAPNI: 0 Groot No 0 King Period Mom•Mt C SECTION A:SPONSOR STAFF TIME COST DETAIL Plum Em Name SWIM, AUInOA.CTC Otter IMut NMned*LTC Flee.d Other MaUMAU 7a�rCa� Tull Ne.a Employee f5/Nrle Funded Haul Funded NRRN _ Coils Funded Costs .A 000 e $ ■ 000 5 • 5 5 - 000 S • S . 5 000 S • S • S • 050 5 • S . S 000 5 5 S • 000 5 S 5 Dm 5 - S - S - 0O0 5 S $ _ 000 $ $ 5 TobI SOW Crab S - S - _S . SECTION Is SPONSOR DIRECT COSTS Ie.Mr.at,+uuntraee.... ,a.Jdr ern,umM*Ne,.0I T!•e N. vendee OddDeudenume U11 NOWAY CIE OIMrMe511Y I Teed Mob MAIM. Funded Cato Welded Cools 5 5 5 5 5 5 5 5 500 5 5.00 S 1650 5 5 . S • row DEeRCOIb 5 500 $ 5.00 5 10.00 vow/WOO s now.urnr.n.nanannen w./I.•...n.m. TOTAL AMOUNT no ..ommoo Morro.own./www..rwe.n..h..m., IseOmor 5lnrnme.mNtl crDl $ 5.001$ SAO'f 1au1 .1.+N..'w.W..a.w.... ...Inn c.enC ,ee�rw.f*..e,M.no.eew 5 S • 5 • .yra.www•••a■.•J•wnwwn+.••enn•.•• 'torn Request Malthus km l-Lbx Sheet? 5415! FATS FALU Appendix C—Page 3 Alameda CTC Agreement No.A18-0018 Project No.1481.001 FORM 3 SPONSOR STAFF RATE SHEET Project Sponsor. .. Alameda CR Agreement No:0 Contact Name 0 Project No.IAPN):0 Phone No: 0 - Email: ti; invoke Dote:a Sponmr Maximum. Hourly Fringe Fringe Allowable Employee Name Title Rate Benefits Benefit Fringe Staff Rate Role an Project Period EIEeeOre 151 (51 Rate se'c't ISI IV 70 00P 5 • 7000. c 70.00% 5 70.00% 0 TOOT. 5 70.00% 5 70.00'. 5 70 CO% S 70.000. S 70.00!. 5 10.00'. 5 70.00. 5 10.00.. 5 • 75.00, S 70 DT: 5 • M00% S • 70.00*: 5 • 70.704 5 70.00% 5 70)0'. 5 70.00'. 5 I 70.006 5 700001 5 NO)Cure,1 Can,,,,.1 egg FORM a w-«n E • s ti ..�+.— I wale costs 1,iwOwl vo,.swea 1F - r..i.,,,. lw.w . .,..nen.(en.. ...Mimi,a 000 rrw.,rr� o.N. rw.rt•.arun. w"H on* t v o.w -E Net w . Mw n It a _F t P t. c, Y.t4,e 0n t04 IMR!Y,a.nM aa« IM HN ..tw MI marl woes None . retar �� IN Peen 1 cow I maw WM+ wa w,Lower, ...(taro M n.a'a�err t..l.r.n..•.w+varwea 1 vs*:Wow P..... ...e._Oa. Appendix C—Page 4 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 APPENDIX C-3 SAMPLE ALAMEDA CTC PROGRESS REPORT FORMAT N•••••.:••• •.rran nom l AYFMOMB/75TO MOM COST,SCHEDULE,PERFORMVICE MEASURES PROJECT PROGRESS REPORT ❑ Ns ebtq.tor amendment,malted m w Kahn agnommt O ONnpa art l•JNd Mae folbwlnp rROkctSR! 0 Scope NCr tl'0R1oR O Budget/Cut ag R __ ... Srbedule 01.0.1C1 WIAMfII R•AOAOeNI MOOR 0 Pnbmenm Measures nna.r.ava.r.) G Anauko at Sesuntonroask lNde.artuMd For onyortes mMded es moaning changes. on Amertlm .. en:Rao .for review d appm rcnpnpea vol.For scup ,iMlu4 ronrrwt'change colon(440'1)owr 510,000 CWIRENT STATUS on covrWCrwn ondprojessipn0 aen,.re mntmm. O N.cumnlluus WR the project:neneep+mlryrr same bebw f .01120 sat DAMS O Weantk*.Md loan bade neenn.Alaeada CTC.Oa t..st Mil•I Cnosc.b.lwaw ❑There are no%wee d Potential..on Fee ❑Weanikla to daimiegerdlnR tleldloMeg 1 ❑ W.Mils Inca.and ma romoire NarMa[TC,aWNn an pusoOo lmh.v 2 1 ❑There are p.ewntly lEnttr Limbed Nonnlsl of P.mllal Cldrm m See Thownd lea.be me an Ma.d bb rnwu eM Nn.ena 2,ACTIONS,.a.p.4_9. • f0PTN0121/1145 AN0RtmatgatMENTs A1�1•e•CiC OMN NO' Rau Wlr•11M khahtend RbtlYip IOTAE NptY RR d 9.ANMUPATED AMOK corn wasps* • U Torts $ IS f 1.0.0re...sean Pap of 7 PIIIERTSvisgu RSIBIIS U Projecthbnwtlen Hatrently eatable mine,at IM bll0Mng web Wren:'Law 11411 Q ',eat u.yLyr a peeled.•rceuired by the Q P.oE.l Nanowlinn 1.pubsd•.darYa.I.nnuLl,legl�Mglrpng lh.prnp.l.a.lnl.d l✓ee. ONa se PStabata• ■••••d pablotr —.-. ❑Wailes to decnn.d the campilbn OF din.45104 .,.ottmI,pd le IMs pngrrsc mat I. stre.rohob,Leas al NudIO,p4WbA W Ognefe G bane or I L•11•••wo•nul.ompbl.M,eapulnbetor l p91/011M11FI2 MEASIMPS lROBRBSR90T11NN •A•rR•••Wrt• •••••••lnPinO PAM O Preprt PP.h.mnmr M..sn .onplNed MOw Ubler Wow. rr C P.ppta R.henr•*Mumma.Plop v.gc'IC,I.IWOnbded/completed Loa..m ...r...w... .n.ae.bw...r.a a.... ......,d...I..,r.•m•a.a.w•t..�ww F.rfuma n,Wimp*,inpl•are aoudad Mih 1H.pejn t Mrr4•a.550555r w 6r6r•r15.5, a table I...WowMaw.Mw.Meat Mo0OWp PM Pits IT WO nUylP n Wn I1nWn iIM. A L •rfe••••• 1••t Er•wa.IA N.Uf0•r •••••• ••• Ns Meant P•NM s t t • i 4 3 p a h a h _�_ t • If S g rwwrra...r T • • t r a b ... ,1.......w•w..ton.••■•■.e.a...ee.v.V?..t'.a••• Appendix C—Page 5 Alameda CTC Agreement No.A18-0018 Project No.1481.001 APPENDIX C-4 SAMPLE ALAMEDA CTC FINAL REPORT FORMAT mew:amonrmwenorn S SUMPARR7 OPMORCT SUMS FINAL REPORT hones tonnes puonNpeeloebenneendootemr» FOR THE(INSERT PROJECT T7IE) FOR]INSERT PNASE(s]] MOHOTm I MORCTS10M1014 MbIJIi tiYi1RR iRpRa6 M1100; ^sear I.RI ML NiFORMNCFMIAI IIIPOR111IS 1.RICO=OOCRlTde T14441-PMOr»s%eMourn Wert aslm•brief dwrlpdrof swam/ma*,inworelen embeds{aryee larlmoredn P.,I.n . Tarpt Cemddhe Porlenunse Manure ernoleen rIM IMJIedimprwene Ire. Mann PraMmao. sediment Achieved?I' mt r'e.-.na•rwr O Y U 1 fIReIMMOFeISM CrOYRIONIFRRf101JR1 O hear entreda erne genre WM/eellemomneddldbbeerene a nR reetwwesetm ...r wvnw.....rnw.•-- U The table moot meltable.Np Penmans Menet.or iamb ldsdead It the Penne nnmmt theled hem/Man enema are deaden eater m d*report ...•.err MI.la ':J•r.n: ewe/ere 5.PIUIICITT RSMiIOMOJIS ❑Pre.Informamn meanie be .IIn atthebnwne web addresc fEntelnll• ❑heprl scup wn peed es mewed by the WO*ayeammt 0 hgam Inform Son was wblYed amune hl/reFlt the post below SeIeNP■ieWe Rn_e.l.Way ❑The bee Is deumn*N Ve monotone a the pones pngns moon AdddbMl domm.nedm.Il.ppllube,e also.tndN feed pmnudy of submitted'oblate,damnrnellon I e weemboq phoneme..mental ernes,etc elnellient UMW F.F7tPOORYIFSARORRWIRIGMOItf s"•a...u•.+r.o•.-a...rrr..Jut.I ano.e¢w.-t.w•.a tr..,.....r.r... McO�l�lleellp Re MIN �alinsinelt ppe,p 011111 SOWN d R 7001 JL-4 Ce: am M.I.e. TIwA .el rnmu ts haw ' Rely r.a...�....:. ... • • • • • w Nw. l rY.Ia. te u. • MML S S 5 '••ems neon-w• . *MWRT(IORaR • 4I44 Rum PaplofI 1 v urr.i n•/..a• Appendix C—Page 6 Alameda CTC Agreement No.A18-0018 Project No.1481.001 APPENDIX D ALAMEDA CTC FUNDING SHIFT APPROVAL FORM ALAhll:DA CTC FUNDING Sinn APPROVAL FORM ADMP7STRATIVEAMENl)MF.KT Nn.[x1 Per the SeQfi•rn 1 11.1 of the A:`,P.'Ek flr-C liigatinm of Al.stT:riA t:Pt:ADMINT;TT?P.o F:114r.'andmrized by this AAFJtEt•C!N::may he shi±ed between the phases of the PROJECT covered by this AGrace.IILVT,or between activities in the same phase of the PROJECT.This inducts shift funding obligations between 11 LASES.liecid years and/nt 0bl:tannin between'Contracts"anti'Sp,insot Stan'aisle. The P+a:I11:71-Sit•r:+•:?mint:t.A)Obtain ALA F. I .CP.written nppioral of in.diner.thrrnsh:r.mpletinn and suhnintal to Al P6MRDA C:1 C:tit tins torn::AtP.1:17,A!.TIC t undmz Shutt Apirmval:home and.:1 Provide a tcvise{and updated Appondia A—Project Conbt+]I::Eomnation to the A•^-F.EE>1P.1•r which reflects the requested shift of the fimdutg oblations authorized by this:AGr•:1E1t 11T and demons Wales that the phase or activity from which the funds were shifted reuniiii fully funded. The purpose of this Amendment No.[Imes No.1 is to document the PROJECT SPONSOR'.request and Aletnetle CTCL annum'of die chits of AL►MEDA CTC ADMINISTERED FUNDS uia guei...es refloated in the tahle(s)below and in the tevieed Appendix A—Pmjt ct Control Information and Appendix 13:ALA vt liii CTC AMAIN us I'r.Nnll RINDS Obligated by this At;iu.uitel•r. Sponsor Project No.: Agreement No. Project Di-vesiption: Date Executed: PHASE(S): Atha trod art Krttsiose to labia is Appendix A:Project Control Luomuttion Appmiudis B:?iL•L:SPA CTC A MiL•TIS"E�FC Ir T2 S Obligated by this At;:REI CENT SPONSOR AI.AMttt)A f IY Racy anted bin Appmced M^ Arthnns.•d Anthnnoed Sinnature: SroJ•tat..te: Date: Darr. Appendix D—Page 1 Alameda CTC Agreement No.A18-0018 Project No.1481.001 APPENDIX E LOCAL BUSINESS CONTRACT EQUITY PROGRAM Per Section I.14,the Project Sponsor shall abide by the current Alameda CTC Local Business Contract Equity program requirements referenced here: http:l/www.alatnedactc.org/app pages;view/45-13 Appendix E—Page 1 Alameda CTC Agreement No.A18-0018 Project No.1481.001 APPENDIX F TASK DELIVERABLES AND DUE DATES Project Task Deliverables and Due Dates:The Task Deliverables and Due Dates table below shows deliverables and due dates,if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS. Task Deliverables and Due Dates Task Deliverable Deliverable Deliverable Due Date to Alameda CTC 1 Executed agreement(s) for contracted project work Within one month of execution date. 2 Draft Environmental Document,Final Environmental Document 3/2018, 8/2018 3 Final Invoice By the Agreement Expiration Date 4 Final Report By the Agreement Expiration Date Notes: 1. Due dates for Task Deliverable 2 are estimated. All deliverables shall be received and approved by the Alameda CTC prior to the payment of the Final Invoice. Appendix F-Page 1 Alameda CTC Agreement No.A18-0018 Project No. 1481.001 APPENDIX G PROJECT PERFORMANCE MEASURES Project Performance Measures:The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives. Project Performance Measures and Targets Performance Measure Target General Transportation Benefits: • Provides missing direct connectivity to 5 designated Priority Development Areas (PDAs)in the Cities of Dublin and Livermore.Five PDAs in two Cities contain over 9,000 dwelling units and more than 2.5 million Sq-Ft of commercial uses. • Provides missing direct connectivity to two BART stations;Camp Parks;Iron Horse Trail; downtowns of Dublin and Livermore;Las Positas College;and various residential and commercial land uses.Las Positas College enrolls approximately 8,500 students. • Addresses lack of continuous I-580 reliever route from Dublin to Livermore along the north side of I-580. Project Outcomes: • Create direct connectivity to five PDAs in Dublin and Livermore,and also connect to two BART stations;Camp Parks;Iron Horse Trail;downtowns of Dublin and Livermore;Las Positas College; and various residential and commercial lands outside the PDAs.Las Positas College enrolls 8,500 students. • This project would reduce Vehicle Miles Traveled in the region.Due to being within 1/4 mile from I-580 and able to access various land uses,this roadway extension project is expected to reduce trip lengths by diverting localized inter-city trips from the freeway. • Extend the reliever route.This street extension will extend the existing reliever along the north side of I-580 from San Ramon Road/Foothill Road to State Route 84 at Isabel/I-580 interchange. Note: 1. Improvements arc expected to achieve,as best as possible,the performance measures targets and/or project outcomes as established herein. Appendix G—Page 1 Alameda CTC Agreement No.A18-0018 Project No.1481.001 APPENDIX H NOT APPLICABLE Appendix H—Page 1