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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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.
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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,
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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.
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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
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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
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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:
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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.
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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."
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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
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stre.rohob,Leas al NudIO,p4WbA W Ognefe
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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
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❑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
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domm.nedm.Il.ppllube,e also.tndN feed pmnudy of submitted'oblate,damnrnellon
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elnellient UMW
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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