HomeMy WebLinkAboutItem 4.2 - 1823 Iron Horse Trail Crossing @ Dublin Blvd
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STAFF REPORT
CITY COUNCIL
DATE: February 20, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of a New Capital Improvement Program Project - Iron Horse Trail
Bridge at Dublin Boulevard, a Project Funding Agreement with Alameda
County Transportation Commission, and a Consulting Services Agreement
with Mark Thomas & Company, Inc.
Prepared by: Obaid Khan, Transportation and Operations Manager
EXECUTIVE SUMMARY:
The City Council will consider approving a new Capital Improvement Program (CIP)
project, the Iron Horse Trail Bridge at Dublin Boulevard (“Project”). The City Council will
also consider approving an agreement with Mark Thomas & Company, Inc. for the
design of the Project and an agreement with the Alameda County Transportation
Commission for Project funding.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a New Capital Improvement Program Project – Iron
Horse Trail Bridge at Dublin Boulevard and Approving a Consulting Services Agreement
with Mark Thomas & Company, Inc.; adopt the Resolution Approving a Project Funding
Agreement with Alameda County Transportation Commission; and, approve the budget
change.
FINANCIAL IMPACT:
The total cost for the design phase of the Iron Horse Trail Bridge at Dublin Boulevard
(Project) is estimated to be $1,522,000, made up of $1,351,000 in consulting costs and
$171,000 in Staff costs. The Alameda County Transportation Commission (ACTC) has
approved $1,294,000 in Measure BB grant funding for the Project. The remaining
funding of $228,000, referred to as the local match, is proposed to be provided by the
Gas Tax fund. Approval of the new CIP and the associated Budget Change will not
impact the General Fund.
DESCRIPTION:
On November 7, 2017, the City Council approved the Iron Horse Trail Feasibility Study
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(Study) as well as the proposed design of a bridge crossing at Dublin Boulevard. This
Study recommended a steel truss arch-type bridge for this location. Staff has been
coordinating the bridge elements with the 30-acre community park that is slated to be
built as part of the Boulevard development at the northeast corner of the Dublin
Boulevard and Scarlett Drive intersection (see attachment 6 for the location map).
On April 27, 2017, the Alameda County Transportation Commission approved
$1,294,000 in the Measure BB grant for the final design phase of the Iron Horse Trail
Crossing at Dublin Boulevard (Project). On November 17, 2017, Staff issued a Request
for Proposal (RFP) for the selection of a consultant to complete the final design phase
work. In response to the RFP, the City received four proposals. Based on the RFP
selection criteria, two firms were selected for interviews, which were conducted on
December 19, 2017. The interview panel consisted of Project partner agencies and City
staff. Mark Thomas & Company, Inc. received the highest ranking and was
recommended as the prime consultant for the Project work.
The total not-to-exceed cost of the Mark Thomas & Company, Inc. agreement for design
of the Project is $1,351,000. This amount includes optional tasks related to bid support,
construction support, and environmental document preparation. The Agreement also
includes a 10 percent contingency, which is needed to address any unforeseen issues
that might be encountered during the Project design . If the City Council approves the
agreement, work on the final design phase of the Project will begin immediately with a
planned completion of this phase by Spring 2019.
The completion of the final design phase will make the Project ready for construction.
Funding for construction of the bridge has not yet been identified. However, the
Boulevard development has committed $1.0 million towards the construction phase of
the Project. Staff is pursuing the construction phase grant funding.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this report has been provided to the Alameda County Transportation
Commission (ACTC) and the ACTC Citizen Watchdog Committee.
ATTACHMENTS:
1. Resolution Approving a New Capital Improvement Project - Iron Horse Trail Bridge at
Dublin Boulevard and Approving a Consulting Services Agreement with Mark Thomas &
Company Inc.
2. Exhibit A to Resolution - Consulting Services Agreement with Mark Thomas &
Company and Inc.
3. Resolution Approving a Project Funding Agreement with the Alameda County
Transportation Commission
4. Exhibit A to Resolution - Project Funding Agreement
5. Budget Change
6. Location Map
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RESOLUTION NO. ____ - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING A NEW CAPITAL IMPROVEMENT PROGRAM PROJECT – IRON HORSE
TRAIL BRIDGE AT DUBLIN BOULEVARD AND APPROVING A CONSULTING SERVICES
AGREEMENT WITH MARK THOMAS & COMPANY, INC.
WHEREAS, On November 7, 2017, the City Council approved the Iron Horse Trail
Feasibility Study as well as the proposed design of a bridge crossing at Dublin Boulevard;
and
WHEREAS, the City has received Measure BB grant funding for the final design
phase of an Iron Horse Trail bridge crossing at Dublin Boulevard; and
WHEREAS, it is now prudent to proceed with the design of the Iron Horse Trail
Bridge at Dublin Boulevard because of the Measure BB grant funding; and
WHEREAS, the City completed a Request For Proposal (RFP) process to select an
consulting firm to complete the final design phase of the Iron Horse Trail Bridget at Dublin
Boulevard; and
WHEREAS, Mark Thomas & Company, Inc. has demonstrated the ability to perform
said final design work; and
WHEREAS, Mark Thomas & Company Inc. is available to perform said work as
specified in for a not to exceed amount of $1,351,000. This amount also includes
approximately 10% in contingency for any unforeseen work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby approve a new Capital Improvement Program Project – Iron Horse Trail Bridge
at Dublin Boulevard.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
approve a Consulting Services Agreement with Mark Thomas & Company, Inc. for design of
the Iron Horse Trail Bridge at Dublin Boulevard, as attached hereto as Exhibit A to this
Resolution, for the not to exceed amount of $1,351,000.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement with Mark Thomas & Company, Inc.
PASSED, APPROVED AND ADOPTED this 20th day of February 2018, by the
following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
MARK THOMAS & COMPANY, INC.
This Agreement is made and entered into between the City of Dublin ("City") and Mark Thomas & Company, Inc
(“Consultant”) as of February 20, 2018 (the “Effective Date”). In consideration of their mutual covenants, the parties
hereto agree as follows:
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall
provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the
manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement
and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall
end on December 31, 2019, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A prior to that date, unless the term of the Agreement is
otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant
to complete the services required by this Agreement shall not affect the City’s right to terminate the
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent practitioner of
the profession in which Consultant is engaged in the geographical area in which Consultant
practices its profession. Consultant shall prepare all work products required by this Agreement in a
professional manner and shall conform to the standards of quality normally observed by a person
practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services
pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term
of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately
upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided in
Section 1.1 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Million Three
Hundred Fifty-One Thousand Dollars, ($1,351,000), notwithstanding any contrary indications that may be contained
in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the
event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments
from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is
based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and
benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and
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its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this
Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in
writing, by the City Manager or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under this
Contract
o Hours must be logged in increments of tenths of an hour or quarter hours
o If this Contract covers multiple projects, all hours must also be logged by project
assignment
o A brief description of the work, and each reimbursable expense
A Task Summary containing the original contract amount, the amount of prior billings, the
total due this period, the balance available under the Agreement, and the percentage of
completion;
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services hereunder,
as well as a separate notice when the total number of hours of work by Consultant and
any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800
hours, which shall include an estimate of the time necessary to complete the work
described in Exhibit A;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services
satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days
from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Consultant in rendering services pursuant to this Agreement. City shall make no payment for any
extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. 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.
2.5 Reimbursable Expenses. Reimbursable expenses shall not exceed ($27,300). Expenses shall
be approved, in writing, by the Transportation and Operations Manager. Reimbursable expenses
are included in the total amount of compensation provided under this Agreement that shall not be
exceeded.
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2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement
pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and
reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of
termination. Consultant shall maintain adequate logs and timesheets in order to verify costs
incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or
incur any costs whatsoever under the terms of this Agreement until receipt of authorization from
the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and
expense, provide all facilities and equipment that may be necessary to perform the services required by this
Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only
under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably
necessary for Consultant’s use while consulting with City employees and reviewing records and the information in
possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of
City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including
but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction
facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at
its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work hereunder by the
Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance
satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section
throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid.
Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part of this Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional
insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater. The additional insured coverage under the
Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-
insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as
required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid
by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at
least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons
employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance
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and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION
DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the Labor Code shall be solely in the discretion of the Contract
Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against the City and its officers, officials,
employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the City. Consultant
shall notify City within 14 days of notification from Consultant’s insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this Agreement in an
amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence,
combined single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or
other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to property resulting
from activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 (“any auto”).
4.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured’s general
supervision of Consultant; products and completed operations of Consultant;
premises owned, occupied, or used by Consultant; and automobiles owned,
leased, or used by the Consultant. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers, employees,
agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to
the City and its officers, officials, employees and volunteers, and that no
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insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the policy
shall not affect coverage provided to CITY and its officers, employees, agents,
and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City. Consultant shall notify City within 14 days of notification
from Consultant’s insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the
period covered by this Agreement professional liability insurance for licensed professionals
performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS
($1,000,000) covering the licensed professionals’ errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
4.3.3 The following provisions shall apply if the professional liability coverages are written on a
claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of
the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for
at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-
made policy form with a retroactive date that precedes the date of this
Agreement, Consultant must provide extended reporting coverage for a minimum
of five years after completion of the Agreement or the work. The City shall have
the right to exercise, at the Consultant’s sole cost and expense, any extended
reporting provisions of the policy, if the Consultant cancels or does not renew the
coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to
the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with
insurers with a Bests' rating of no less than A:VII.
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4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant
shall furnish City with certificates of insurance and with original endorsements effecting
coverage required herein. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The City reserves the right to require complete, certified copies of all required insurance
policies and endorsements. Failure to exercise this right shall not constitute a waiver of
right to exercise later.
4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this Agreement including the Indemnification
and Insurance requirements to the extent they apply to the scope of the Subcontractor’s
work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in
the same manner and to the same extent as Consultant is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same provisions with
any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and
Insurance provisions will be furnished to the Subcontractor upon request. The General
Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any
work and will provide proof of compliance to the City.
4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements,
upon a determination that the coverages, scope, limits, and forms of such insurance are
either not commercially available, or that the City’s interests are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a
written contract or agreement) before City’s own insurance or self-insurance shall be
called upon to protect City as a named insured.
4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited, or materially affected in any other manner, Consultant shall
provide written notice to City at Consultant’s earliest possible opportunity and in no case
later than five days after Consultant is notified of the change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time herein
required, City may, at its sole option exercise any of the following remedies, which are alternatives
to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
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Order Consultant to stop work under this Agreement or withhold any payment that becomes
due to Consultant hereunder, or both stop work and withhold any payment, until Consultant
demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the maximum extent
allowed by law, Consultant shall indemnify, and hold harmless the City, and City Councilmembers, officers,
volunteers and employees against any and all suits, claims or actions arising out of any injury to persons or property,
including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this
Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors
or agents. Consultant further agrees to defend in accordance with the provisions of CA civil code section 2782.8
however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage
fault. Consultant’s responsibility for such defense and indemnity obligations shall survive the termination or
completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations
of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations
contained in this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of City. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement
and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not
have the right to control the means by which Consultant accomplishes services rendered pursuant
to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing services under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any and all claims to, any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority,
express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws
applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, Consultant and any subcontractors shall comply with
all applicable rules and regulations to which City is bound by the terms of such fiscal assistance
program.
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7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, any
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall
obtain and maintain, during the term of this Agreement, valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a
person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical
condition, marital status, sex, or sexual orientation, against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for
any services or programs provided by Consultant under this Agreement. Consultant shall comply
with all applicable federal, state, and local laws, policies, rules, and requirements related to equal
opportunity and nondiscrimination in employment, contracting, and the provision of any services
that are the subject of this Agreement, including but not limited to the satisfaction of any positive
obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the
Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such compensation
upon Consultant delivering to City any or all documents, photographs, computer software, video
and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants
such an extension, City shall have no obligation to provide Consultant with compensation beyond
the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement
contemplates personal performance by Consultant and is based upon a determination of
Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
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or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Consultant shall survive the termination of this
Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this
Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work
product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by
Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would have
paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any
other documents or materials, in electronic or any other form, that Consultant prepares or obtains
pursuant to this Agreement and that relate to the matters covered hereunder shall be the property
of the City. Consultant hereby agrees to deliver those documents to the City upon termination of
the Agreement. It is understood and agreed that the documents and other materials, including but
not limited to those described above, prepared pursuant to this Agreement are prepared
specifically for the City and are not necessarily suitable for any future or other use. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports and other
documents are confidential and will not be released to third parties without prior written consent of
both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents evidencing or
relating to charges for services or expenditures and disbursements charged to the City under this
Agreement for a minimum of three (3) years, or for any longer period required by law, from the date
of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement
requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any
time during regular business hours, upon oral or written request of the City. Under California
Government Code Section 8546.7, if the amount of public funds expended under this Agreement
exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any audit of the City,
for a period of three (3) years after final payment under the Agreement.
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Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory
relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to
reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement,
the parties agree that trial of such action shall be vested exclusively in the state courts of California
in the County of Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location, would place Consultant in a
“conflict of interest,” as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months,
an employee, agent, appointee, or official of the City. If Consultant was an employee, agent,
appointee, or official of the City in the previous twelve months, Consultant warrants that it did not
participate in any manner in the forming of this Agreement. Consultant understands that, if this
Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void
and Consultant will not be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the
City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing,
it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting
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potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www.fppc.ca.gov/Form700.html.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview
related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract
Administrator"). All correspondence shall be directed to or through the Contract Administrator or
his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Mark Thomas & Company, Inc Attn: Sasha Dansky
360 22nd Street, Suite 501 Oakland, CA 94612
Any written notice to City shall be sent to:
The City of Dublin
Attn: Gary Huisingh 100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including Exhibits A, B, and C, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
EXHIBIT A
SCOPE OF SERVICES
See Attached Scope of Work and Schedule.
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SCOPE OF WORK
TASK 1. PROJECT MANAGEMENT
Mark Thomas will provide project management and administration services including monitoring subconsultant
activities, coordinating with the City and subconsultants, implementing quality control and quality assurance
procedures, submitting monthly invoices and progress reports, preparing and maintaining project schedule, and
developing a work plan to meet the project budget and schedule goals. It is assumed the project design will be
completed in 12 months. The Mark Thomas Team will also coordinate with the surrounding projects including the new
public park and the extension of Scarlett Drive. The culvert extension work is anticipated to be completed ahead of
this project.
1A.1 Supervise and Coordinate Design - Mark Thomas will supervise, coordinate, and monitor planning and design
for conformance with City of Dublin’s, East Bay Regional Park District’s and Alameda County Transportation
Commission’s standards and policies. This task also includes general correspondence with the City and internal team.
1A.2 Project Information - Mark Thomas will provide project information and support to the City’s Public Information
Officer throughout the life of the project, including plans, stakeholder/public meeting graphics and support at project
public outreach events. It is assumed that we will be required to attend up to two public outreach events and provide
up to three 24-inch by 36-inch exhibit boards to be used at the meetings. Mark Thomas will also assist the City with
PowerPoint slides as appropriate.
DELIVERABLES
• Public outreach event attendance (up to 2 meetings)
• Public outreach event exhibit boards (up to 3 boards)
1A.3 Operations and Maintenance Agreement Support - Mark Thomas will provide project information, including
exhibits and definition of design features that are City of Dublin-required versus East Bay Regional Park District-
required, and support the development of Operation and Maintenance agreement(s), as well as a potential easement
agreement for trail maintenance and operations with East Bay Regional Park District. We have assumed 40 hours of
staff time for this task and one plat and legal description to supplement the Operations and Maintenance agreement.
DELIVERABLES
• Plat and legal description (1)
1A.4 Data Collection and Review - Mark Thomas will conform to City requirements and standards prior to the start of
any design work. We will collect and review relevant and available documentation including As-Built Drawings,
mapping, reports and studies as well as the Iron Horse Trail Feasibility Study. Mark Thomas will prepare a brief memo
summarizing the existing site conditions, constraints and coordination needs with partner agencies and utilities.
DELIVERABLES
• Existing conditions and coordination memo
1A.5 Adjacent Project Coordination - Mark Thomas will coordinate with the project consultants who are performing
design and/or construction of adjacent facilities to facilitate the timely flow of information for each task activity.
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Adjacent projects include, but are not limited to, Dublin/Pleasanton BART Station projects, City of Dublin’s Community
Park development at the development adjacent to Camp Parks area, Scarlett Drive improvements including the culvert
extension and other development and maintenance projects. It is assumed this project will follow the design and
construction of the culvert extension project at Scarlett Drive.
1A.6 Quality Assurance/Quality Control - Mark Thomas will conform to our Quality Management Manual (QMM)
while performing QA/QC for the project. All stated deliverables will go through an independent QA/QC review from
staff not working on the project before delivery to the City.
DELIVERABLES
• QA/ QC plan conforming to Mark Thomas’ QMM with QC documents submitted with milestone design deliverables
(35%, 65%, etc.)
1A.7 Meetings - Mark Thomas will attend bi-weekly meetings either in person or by conference call to monitor and
update staff and project partners on progress and discuss status of project. Attend agency meetings with City of
Dublin, Alameda County Transportation Commission, East Bay Regional Park District and other stakeholders to reach
design concurrence. Resolve/respond to questions and issues. This task assumes up to 24 bi-weekly meetings and
eight outside agency meetings/calls. Agendas and minutes will be prepared for the eight agency meetings but not the
bi-weekly internal meetings but we will track action items.
DELIVERABLES
• Meeting agendas and minutes (up to 8 meetings)
1A.8 Schedule - Mark Thomas will prepare a detailed project schedule within one month after Notice to Proceed and
update the schedule on a monthly basis.
DELIVERABLES
• CPM schedule (12, updated monthly)
1A.9 Invoicing and Progress Reports - Mark Thomas will prepare and submit monthly progress reports and invoices for
the duration of the design.
DELIVERABLES
•
• Invoices and progress reports (12, updated monthly)
• Unless specifically noted, all deliverables in Task 1A, Project Management will be submitted electronically in pdf
format
TASK 2. PROJECT LEVEL ENVIRONMENTAL CLEARANCE UNDER CEQA
As a part of the Mark Thomas Team, Metis will prepare a project level CEQA analysis and review to clear the project
for construction. It is anticipated that the project will be environmentally cleared with a Mitigated Negative
Declaration (MND) under the CEQA but the final determination shall be based on the Initial Study prepared as part of
this Task. It is assumed that no resource agency permits will be needed as the construction of the project will stay
within the top of bank of the existing trail alignment and that the Scarlett Drive extension and the Zone 7 culvert
extension have been completed prior to construction of the overcrossing project. It is also assumed no temporary
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construction easements or right-of-way acquisition is needed as a part of the project as the project alignment falls
within existing trail and City right of way.
2A.1 Alignment Study - The Mark Thomas Team will prepare an alignment study that will analyze different crossing
alignments at Dublin Boulevard. The intent of the study is to determine if there are ways to shorten the main span of
the bridge and make the crossing more perpendicular over the roadway. We will analyze several aspects of each
alignment such as cost, utility impacts, right-of-way impacts, permitting, environmental clearance approach, visual
appeal and construction staging. We will work closely with the City to develop further selection criteria, which will
ultimately lead to a preferred alternative. Analyzation of up to three different alignments will be included in the study
and it is assumed the study will be subject to two round of comment reviews by the City and other stakeholders.
DELIVERABLES
• Alignment Study
2A.2 Preliminary Geometry Plan - Mark Thomas will prepare a preliminary geometry plan based on the feasibility
study alignment and preferred bridge type alternative. The plan will show plan and profile of the overcrossing as well
as typical cross sections at up to three locations along the alignment. It is assumed that the plan will be refined after
up to two rounds of City comments. After the comments are addressed, we will prepare a photo simulation of the
bridge to be used as a part of the visual impact assessment with the CEQA document. The photo simulation will be
taken from up to three different angles. This task also includes the preparation of a succinct Basis of Design
Memorandum that will include standards used and assumptions for the final design of the project.
DELIVERABLES
• Preliminary Geometry Plan
• Basis of Design Memo
2A.3 CEQA Project Definition and Risk Analysis - This task will include initial meetings with the City and the design
team to confirm the extent of proposed actions, verify understanding of project partner objectives and participation in
the CEQA process, and definition of a CEQA approach to environmental clearance for the project. This analysis aims to
protect the City from potential challenges that could occur during the public review process.
DELIVERABLES
• CEQA Project Description
2A.4 Technical Studies - Technical studies provide substantiation for the CEQA document analysis and findings.
Based on our understanding of the project, the overcrossing structure would be a clear span over Dublin Boulevard,
and proposed locations for construction staging and bridge abutments and foundational features that would be
constructed within the existing right of way, the need for detailed technical studies would be minimized. Biological
and cultural resources technical studies are proposed to confirm the extent to which State and Federal agencies may
claim jurisdiction in the project area, and also to confirm the lack of jurisdiction, as a means of protecting the City from
potential challenges as the project proceeds. Technical studies include Biological Technical Study for CEQA and State
Permits (401), Cultural Resources, Paleontological and AB 52 Tribal Consultation and a Traffic/Transportation Impacts
Memorandum.
DELIVERABLES
• Technical Studies (Biological, Cultural Resources, Paleo, AB 52 Tribal Consultation, Traffic/Transportation Impacts)
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2A.5 Initial Study - Using the data generated in the CEQA technical studies listed above and based on a CEQA project
description approved by the City, Metis would prepare an Initial Study document with clearly written text and clean
print-ready graphics. The Initial Study will be based on the current CEQA guidelines and will include an appendix with
proposed materials suitable for the City to conduct the government-to-government consultation with Native American
Tribes, pursuant to AB 52 and current CEQA guidelines. We will prepare GHG, Energy, Traffic and Transportation
discussions for the Initial Study based on qualitative analysis.
DELIVERABLES
• CEQA Initial Study
2A.6 Mitigated Negative Declaration - Assuming the Initial Study substantiates potential impacts of construction and
operation of the overcrossing can be mitigated to a less than significant level, Metis will prepare a Draft Mitigated
Negative Declaration document for the City’s use.
DELIVERABLES
• CEQA Mitigated Negative Declaration
2A.7 Project Coordination - This task will include maintaining close communication and coordination with design
team and City staff particularly at project kick-off and during preparation and finalization of the scope of the CEQA
action. Metis will attend public meetings and interagency meetings prepared to explain CEQA topics, potential
mitigation measures and other environmental terms and conditions that need discussion and to be addressed,
including AB 52 Tribal Coordination tasks. It is assumed that we will attend up to eight agency coordination meetings,
either individually or as a group, with the Alameda County Transportation Commission, Dublin San Ramon Sanitary
District, East Bay Regional Park District and Zone 7 Water Agency. As no resource agency permits will be needed for
construction of this project we will not need to coordinate with the San Francisco Bay Regional Water Quality Control
Board (RWQCB), California Department of Fish & Wildlife (CDFW), US Army Corp (USACE), or the US Fish & Wildlife
Service (USFWS) although we will confirm their jurisdiction limits through the CEQA process.
DELIVERABLES
• Agency Meeting Attendance, Agendas and Minutes (up to 8 meetings)
2A.8 Stormwater Control Plan - Mark Thomas will prepare a Stormwater Control Plan as a part of the project in
accordance with the Municipal Regional Stormwater NPDES Permit (No. CAS612008), provision C3. The plan will
define stormwater treatment areas and calculate the needed area for the new impervious surface generated by the
project as detailed in the Alameda County Clean Water Program, C.3 Stormwater Technical Guidance handbook. As
this is a trail project, it may be exempt from this report but we will determine that ahead of plan preparation.
Preparation of a Storm Water Pollution Prevention Plan (SWPPP) is not included in this scope but can be added as a
supplementary service.
DELIVERABLES
• Stormwater Control Plan
• Unless specifically noted, all deliverables in Task 2A, Project Level Environmental Clearance Under CEQA will be
submitted electronically in pdf format
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TASK 3. COMMUNITY AND STAKEHOLDER OUTREACH
As a part of the Mark Thomas team, Fehr & Peers will assist with community and stakeholder outreach for the project.
Due to the robust outreach effort completed during the feasibility, stage it is expected that any public outreach will be
limited and focused on final design elements. Task 3A.1 will be integrated with Task 2A to satisfy CEQA related
outreach requirements.
3A.1 Community Outreach - Fehr & Peers will attend and provide support to City staff in focused public outreach and
community meetings to obtain input on specific issues. Fehr & Peers will provide all necessary meeting materials
including graphics, presentation slides, handouts, etc. for each meeting and conduct a “pre-meeting planning session”
with the City via teleconference before each meeting. Once the meeting is complete, we will provide meeting minutes
for distribution. It is anticipated there will be one community meeting and up to four Council/Board/Commission
presentations. It is anticipated that each additional public outreach meeting would cost approximately $3,500.
DELIVERABLES
• Outreach Plan
• Project webpage on the City’s website (including maintenance through final design)
• Meeting agendas and minutes (up to one community meeting and four Board/Council/Commission meetings)
• Meeting materials (boards, handouts, PowerPoint slides, etc.)(budgeted $750 per meeting up to five meetings)
3A.2 Stakeholder Meetings - Mark Thomas will lead up to five stakeholder/agency staff meetings. We will conduct a
Kick-off meeting with project partners/stakeholders to familiarize them with project constraints as well as to allocate
time to conduct a field visit as a part of this meeting. We have budgeted approximately $2,000 for each stakeholder
meeting.
DELIVERABLES
• Meeting agendas and minutes (up to five stakeholder meetings)
• Unless specifically noted, all deliverables in Task 3A, Community and Stakeholder Outreach will be submitted
electronically in pdf format
TASK 4. DESIGN
4A.-1 Topographic Mapping - Mark Thomas will prepare 1”=20’ scale surveys for digital orthophotography and field
topographic surveys using the City’s control network and the vertical datum shall be NAVD88 and the horizontal
datum shall be the California State Coordinate System NAD83. The survey will meet Caltrans Third Order of Accuracy
as defined in Caltrans Survey Manual “Figure 5-1A Caltrans Orders of Survey Accuracy”, 2006 page 5-3. Ownership and
property line information will be added to the drawings and the data shall be provided by the City, including
preliminary title reports. This effort will include one day of field time to set control (in either the pavement or sidewalk
at locations not to be disturbed by construction of this project), two days of supplemental topographic field surveying
and two days of right-of-way surveying.
Mark Thomas will perform a field survey to locate necessary monumentation based on publicly available Survey
Records available from Alameda County, to establish property lines and the right of way lines of Dublin Boulevard and
the former railroad (Iron Horse Trail). It is our understanding that no other monument ties to other maps will be
necessary to complete this project. Should monuments be missing, a material discrepancy be found or evidence of a
dispute with adjoiners discovered, we will stop work under the current scope and discuss options to move forward.
Once the locations of the property lines and right-of-way lines are established from the field evidence collected, Mark
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Thomas will plot these lines in a digital CAD file to be incorporated in the base mapping. The AutoCAD CAD file will
contain utility lines, property and right-of-way lines and all other pertinent survey data.
DELIVERABLES
• Topographic base map with utilities
4A.-2 Geotechnical Report - As a part of the Mark Thomas team, PCI will prepare a geotechnical report for the
project. PCI will comply with Alameda County Drilling Permit requirements and it is assumed that the borings will be in
the trail and within City right of way. Two borings will be drilled at the anticipated supports for the main bridge and
two additional borings will be drilled at about 140-foot spacing on either side for the slab bridges. These borings are
proposed to be 60 to 80-feet in depth. In addition, two borings will be drilled for the retaining wall and the ramp
structure to a depth of about 40-feet. We anticipate using a truck mounted mud-rotary drill rig for the work and that
the subsurface may require diamond coring into rocky material. It is assumed that up to $1,000 in traffic control will
be needed and a no fee encroachment permit will be provided by the City.
PCI will perform laboratory tests on representative soil samples and analyze moisture density, unconfined
compression, gradation analyses, R-value tests, corrosion tests and a Plasticity Index test, as necessary. Environmental
testing is not included in this scope of work. PCI will complete engineering analyses and develop design
recommendations for the proposed bridge foundation system and it is anticipated that pile foundations will be
adopted for foundation support.
DELIVERABLES
• Geotechnical Report (2 copies)
4A.-3 Utility Coordination - Mark Thomas will collect existing utility maps from utility owners for utilities within the
project area and show existing utility lines and structures on the topographic base map. If conflicts are identified,
Mark Thomas will prepare conflict mapping and coordinate with the affected utility company for relocation. As a part
of the Mark Thomas team, BTI will perform utility potholing for the Kinder Morgan pipeline and other pertinent
utilities. It is assumed that we will need up to twelve (12) one-foot by one-foot by 8-foot deep potholes at a cost of
$1,500 per pothole. We have assumed one day of field crew time to survey and catalog the vertical and horizontal
locations of the potholes. Potholing will be performed prior to the 65% design and after the 35% design has been
approved. As a part of the Mark Thomas team, Y&C will coordinate with PG&E to determine the appropriate service
point for the bridge lighting.
4A.4 35% PS&E - After approval of the preliminary geometry plan, the Mark Thomas team will prepare construction
documents including plans, specifications, and estimate (PS&E) using City and Caltrans standards for the overcrossing. A
schematic landscape plan will be prepared for the 35% submittal as well as a bridge general plan. We will prepare the
technical special provisions in accordance with Caltrans 2015 standards and City format where the Caltrans
specifications need to be supplemented. The 35% submittal will be outline specifications only. We will also prepare a
construction cost estimate that will identify construction work items, quantities, unit costs, and summarize the
estimated total Project cost, including allowances for supplemental work, owner-furnished materials, expenses,
mobilization, and contingencies. The project design will need to be mindful of the preliminary cost estimate and work
diligently to stay at, or under that cost as this is a City identified goal for the project. In general, the plan set will consist
of the sheets listed below:
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Sheet Type # of Pages
Cover Sheet 1
General Notes 2
Key Map 1
Typical Cross Sections 2
Demolition Plan 2
Layout Plan 3
Profile and Superelevation Diagram 3
Construction Details 5
Utility and Drainage Plan 4
Erosion Control Plans 4
Construction Area Signs 2
Traffic Handling / Stage Construction Plans 6
Pavement Delineation and Sign Plan 2
Structural Plans and Details 30
Electrical Plans and Details 4
Irrigation and Planting Plans 4
Total 75
The 35% plans will be a small subset of this list and more sheets will be added as the design progresses through 65%,
95% and 100% levels.
DELIVERABLES
• 35% PS&E (4 full size bond copies) and 1 pdf copy
4A.5 65% PS&E - After approval and comments on the 35% design package, the Mark Thomas team will prepare 65%
PS&E. The 65% design is a detailed, but unchecked set that will provide enough detail to evaluate the majority of the
project elements. The specifications will encompass the details for this project specifically and will not rely on
references to other documents as it is meant to be a standalone set of specifications. Peripheral specification sections
may be added as an attachment to the package. A photometric plan will also be prepared to identify the lighting levels
and areas affected by the proposed project lighting.
DELIVERABLES
• 65% PS&E (4 full size bond copies) and 1 pdf copy
• Project Photometric Plan
4A.6 95% PS&E - After approval and comments on the 65% design package, the Mark Thomas team will prepare 95%
PS&E. The 95% design is a detailed and checked set that will provide detail on all elements of the project.
DELIVERABLES
• 95% PS&E (4 full size bond copies) and 1 pdf copy
4A.7 100% PS&E - After approval and comments on the 95% design package, the Mark Thomas team will prepare
100% PS&E. The 100% PS&E is a complete bid ready package ready for advertisement. Mark Thomas will incorporate
the project technical specification within the City’s provided front-end “boilerplate” specifications and contract book.
The project plans and specifications will be stamped and signed by a Mark Thomas Team member prior to
advertisement.
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DELIVERABLES
• 100% PS&E (4 full size bond copies) 1 copy in AutoCAD, MS Word, MS Excel and 1 pdf formats
4A.8 Structural Calculations - Mark Thomas will prepare bridge calculations, independent check calculations, and
bridge plans. At the 65% submittal, Mark Thomas will submit a complete, unchecked set of bridge plans. Following
review by the City, Mark Thomas will perform an independent design check of the bridge plans in conformance with
Caltrans bridge design procedures. The independent check will be completed by an experienced registered engineer
who was not involved in the original design of the structure. The structure design and check will be performed in
accordance with AASHTO LRFD Bridge Design Specifications, 6th Edition with Caltrans Amendments, AASHTO LRFD
Guide Specifications for the Design of Pedestrian Bridges, and Caltrans Seismic Design Criteria, Version 1.7. The latest,
updated versions of the Caltrans Bridge Design Manuals will be used.
4A.9 Conceptual Construction Schedule - Mark Thomas will prepare a conceptual construction schedule for the
project that will take into account various issues and constraints found during the final design process. The conceptual
schedule will be submitted with the 35%, 65%, 95% and 100% PS&E deliverables.
DELIVERABLES
• Conceptual construction schedule
• Unless specifically noted, all deliverables in Task 4A, Design will be submitted electronically in pdf format
TASK 1. BID SUPPORT (OPTIONAL)
The Mark Thomas team will provide assistance and support as necessary during the bidding phase. This includes
issuing necessary documentation and preparing addenda, revised drawings, quantity and cost estimates, and
responding to Requests for Information. After closing of the bid period Mark Thomas will prepare a conformed set of
applicable contract documents and will include the original Bid Document as the base document and incorporate all
items, such as revised drawings, technical specifications, and quantities issued from addenda. The budget for this task
was created based on past experience with similar projects and expected level of effort. Work will be billed on a time
and materials basis as the actual required level of effort is unknown and will be based upon questions during bid time
and requests of the City.
DELIVERABLES
• Addenda, revised drawings, and quantity and cost estimates and responses to Requests for Information
• Conformed set of contract documents in pdf., MS Word, MS Excel, and AutoCAD formats
• Unless specifically noted, all deliverables will be submitted electronically in pdf format
TASK 2. CONSTRUCTION SUPPORT/DESIGN SUPPORT DURING
CONSTRUCTION (OPTIONAL)
The Mark Thomas team will provide design support during construction, respond to Requests for Information, review
technical submittals, and assess change orders. We will attend progress and field meetings and coordinate with the
City staff/Resident Engineer to provide support as needed and document design changes and provide revised drawings
as required. The budget for this task was created based on past experience with similar projects and expected level of
effort. Work will be billed on a time and materials basis as the actual required level of effort is unknown and will be
based upon contractor questions and requests of the City.
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DELIVERABLES
• Revised drawings and responses to Requests for Information
• Unless specifically noted, all deliverables will be submitted electronically in pdf format
TASK 3. CLOSE-OUT SUPPORT (OPTIONAL)
The Mark Thomas team will provide support, as needed, during close-out phase including assistance with
reconciliation of pending change orders as well as preparation of an as-built set at project completion.
DELIVERABLES
• As-built drawings in pdf and AutoCAD dwg format
• Unless specifically noted, all deliverables will be submitted electronically in pdf format
TASK 4. EIR SCOPE AND BUDGET (OPTIONAL)
4B.1 Notice of Preparation for EIR - If the Initial Study analysis concludes that significant impacts could occur as a
result of construction or operation of the proposed overcrossing that cannot be mitigated to a less than significant
level, Metis will prepare a Notice of Preparation (NOP) for use by the City. The Notice of Preparation would be used to
inform the public that the City intends to prepare a Focused Environmental Impact Report to address only the specific
resource areas the Initial Study identified as having significant impacts. The NOP will also reference a public scoping
meeting, which Metis will lead, and during which comments from the public will be taken.
4B.2 Environmental Impact Report - If the Initial Study analysis concludes that significant impacts could occur as a
result of construction or operation of the proposed overcrossing that cannot be mitigated to a less than significant
level, Metis will prepare an Administrative Draft Focused EIR for up to three resource area topics (ie; biology, traffic,
air quality) that includes text and graphics, incorporates the Initial Study by reference, and includes and addresses
NOP scoping comments or letters received. The administrative draft will be submitted to the City of Dublin for review
and comment. Once the City completes one round of consolidated comments on the Administrative Draft, Metis will
prepare a public review (print-ready) draft of the Focused EIR which will be subject to a 45-day review period. Metis
will respond to comments from the public and prepare a Final EIR with findings.
DELIVERABLES
• Notice of Preparation
• Project EIR
• Unless specifically noted, all deliverables will be submitted electronically in pdf format
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Pr
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Pr
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11
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13
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17
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Pr
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18
Ci
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18
20
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21
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22
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39
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Ta
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k
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‐
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26
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31
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33
4A
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60
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4A
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35
%
PS
&
E
40
da
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s
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3
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1
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35
Pr
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20
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15
36
Pr
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p
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t
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m
a
t
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2
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35
F
F
37
Pr
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p
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Sp
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c
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c
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t
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n
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5 da
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s
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6/
2
6
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1
8
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2
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1
8
35
F
F
38
QA
/
Q
C
5 da
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s
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e
7/
3
/
1
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Mo
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7/
9
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1
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35
39
Ag
e
n
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v
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w
15
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s
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7/
1
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Mo
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3
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38
40
4A
.
5
65
%
PS
&
E
55
da
y
s
Tu
e
7/
3
1
/
1
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Mo
n
10
/
1
5
/
1
8
41
Pr
e
p
a
r
e
Pl
a
n
s
20
da
y
s
Tu
e
7/
3
1
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1
8
Mo
n
8/
2
7
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1
8
39
,
3
2
,
3
3
42
Pr
e
p
a
r
e
Es
t
i
m
a
t
e
5 da
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s
Tu
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8/
2
8
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1
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Mo
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3
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41
43
Pr
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p
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Sp
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c
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f
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c
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t
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s
5 da
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s
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9/
4
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1
8
Mo
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9/
1
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/
1
8
42
44
QA
/
Q
C
10
da
y
s
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e
9/
1
1
/
1
8
Mo
n
9/
2
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1
8
43
45
Ag
e
n
c
y
Re
v
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e
w
15
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s
Tu
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9/
2
5
/
1
8
Mo
n
10
/
1
5
/
1
8
44
46
4A
.
6
95
%
PS
&
E
65
da
y
s
Tu
e
10
/
1
6
/
1
8
Mo
n
1/
1
4
/
1
9
47
Pr
e
p
a
r
e
Pl
a
n
s
30
da
y
s
Tu
e
10
/
1
6
/
1
8
Mo
n
11
/
2
6
/
1
8
45
48
Pr
e
p
a
r
e
Es
t
i
m
a
t
e
5 da
y
s
Tu
e
11
/
2
7
/
1
8
Mo
n
12
/
3
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1
8
47
49
Pr
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p
a
r
e
Sp
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c
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f
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c
a
t
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s
5 da
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s
Tu
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12
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4
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Mo
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12
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48
50
QA
/
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C
10
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s
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12
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Mo
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12
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2
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49
,
5
8
51
Ag
e
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c
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v
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w
15
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12
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1
4
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1
9
50
52
4A
.
7
10
0
%
PS
&
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40
da
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s
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1/
1
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1
9
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1
9
53
Pr
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a
n
s
20
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1/
1
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1
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51
,
5
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2
6
54
Pr
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p
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t
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m
a
t
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5 da
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2/
5
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53
F
F
55
Pr
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p
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53
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F
56
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5 da
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53
57
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v
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15
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56
58
4A
.
8
St
r
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c
t
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r
a
l
Ca
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c
u
l
a
t
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n
s
20
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10
/
1
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11
/
1
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45
59
Ta
s
k
1B
‐
Bi
d
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p
p
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r
t
(A
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v
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d
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65
da
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3/
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57
60
Ta
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11
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59
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2
7
61
Ta
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Cl
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p
p
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20
da
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11
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n
12
/
2
3
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1
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60
2/
2
0
2/
2
7
7/
3
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7/
3
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Fe
b
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Ma
r
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Ap
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Ju
l
'1
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Au
g
'1
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Se
p
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Oc
t
'1
8
No
v
'1
8
Dec '18Jan '19Feb '19Mar '19Apr '19May '19Jun '19Jul '19Aug '19Sep '19Oct '19Nov '19Dec '19
Ir
o
n
Ho
r
s
e
Tr
a
i
l
Br
i
d
g
e
Ov
e
r
c
r
o
s
s
i
n
g
Pr
o
j
e
c
t
Ja
n
u
a
r
y
26
,
20
1
8
EXHIBIT B
COMPENSATION SCHEDULE
See attached Cost Proposal.
These rates remain in effect through June 30, 2018, at which time the City of Dublin allows for a CPI adjustment for
the new fiscal year, beginning July 1, 2018 and each fiscal year thereafter. This adjustment shall be based on the
San Francisco Bay Area Consumer Price Index (CPI) for Urban Wage Earners. Consultant shall submit to the
Transportation & Operations Manager, or their designee, in writing, proposed new rates for approval, prior to taking
effect.
Please note, reimbursable expenses are included in Agreement’s not-to-exceed total of $1,351,000. Any increases
to this amount will need to be approved, in writing, by the Transportation & Operations Manager, or their designee.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov.
January 12, 2018
Pr
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1A PROJECT MANAGEMENT
1A.1 Supervise and Coordinate Design 12 80 20 112 $26,947 - - - - - - - $0 $26,947
1A.2 Project Information 8 24 24 56 $8,214 - - - - - - - $0 $8,214
1A.3 O&M Agreement Support 2 8 8 8 2 12 40 $7,011 - - - - - - - $0 $7,011
1A.4 Data Collection & Review 4 16 40 60 $8,378 - - - - - - - $0 $8,378
1A.5 Adjacent Project Coordination 8 40 12 60 $9,380 - - - - - - - $0 $9,380
1A.6 Quality Assurance / Quality Control (QA/QC)8 40 40 12 100 $18,582 - - - - - - - $0 $18,582
1A.7 Meetings 4 64 24 92 $21,479 - - - 11,575 - - - $579 $33,633
1A.8 Schedule 16 12 28 $5,469 - - - - - - - $0 $5,469
1A.9 Invoicing and Progress Reports 20 40 60 $9,530 - - - - - - - $0 $9,530
Subtotal Task 1A 18 216 0 40 40 112 60 24 0 0 0 2 12 0 84 0 608 $114,990 $0 $0 $0 $11,575 $0 $0 $0 $579 $127,144
2A PROJECT LEVEL ENVIRONMENTAL CLEARANCE UNDER CEQA
2A.1 Alignment Study 2 16 4 4 40 40 2 108 $17,074 10,000 7,500 2,500 - - - - $1,000 $38,074
2A.2 Preliminary Geometry Plan 1 16 8 8 4 40 24 40 8 48 197 $27,745 - - - 10,357 - - - $518 $38,620
2A.3 CEQA Project Definition and Risk Analysis 2 8 10 $2,740 9,250 - - - - - - $463 $12,453
2A.4 Technical Studies 2 8 10 $2,740 27,750 - - - - - - $1,388 $31,878
2A.5 Initial Study 1 4 5 $1,370 45,500 - - - - - - $2,275 $49,145
2A.6 Mitigated Negative Declaration 1 8 9 $2,414 3,750 - - - - - - $188 $6,352
2A.7 Project Coordination 24 16 40 $8,578 8,750 - - - - - - $438 $17,766
2A.8 Stormwater Control Plan 4 12 40 56 $7,799 - - - - - - - $0 $7,799
Subtotal Task 2A 9 88 12 12 4 108 64 80 0 0 0 0 0 0 10 48 435 $70,460 $105,000 $7,500 $2,500 $10,357 $0 $0 $0 $6,268 $202,085
3A COMMUNITY AND STAKEHOLDER OUTREACH
3A.1 Community Outreach 4 4 $1,044 - 9,600 - - - - - $480 $11,124
3A.2 Stakeholder Meetings 8 20 28 $4,981 - 5,030 - - - - - $252 $10,262
Subtotal Task 3A 0 12 0 0 0 20 0 0 0 0 0 0 0 0 0 0 32 $6,025 $0 $14,630 $0 $0 $0 $0 $0 $732 $21,386
4A DESIGN
4A.1 Topographic Mapping 8 8 40 40 50 146 $27,997 - - - - - - 4,280 $214 $32,492
4A.2 Geotechnical Report 4 4 8 $1,623 - - 20,757 - - - - $1,038 $23,418
4A.3 Utility Coordination 8 80 40 4 10 142 $21,063 - - - - - 20,500 - $1,025 $42,588
4A.4 35% PS&E 8 80 80 120 120 80 488 $61,841 - - - 16,449 4,160 - - $1,030 $83,480
4A.5 65% PS&E 24 32 40 80 240 300 160 40 916 $112,449 - - - 28,633 6,665 - $1,765 $149,512
4A.6 95% PS&E 24 16 32 80 80 160 200 80 80 16 768 $99,428 - - - 33,507 5,280 - - $1,939 $140,154
4A.7 100% PS&E 12 16 40 40 120 120 40 16 404 $52,845 - - - 14,317 4,050 - - $918 $72,130
4A.8 Structural Calculations 140 240 380 $70,362 - - - - - - - $0 $70,362
4A.9 Conceptual Construction Schedule 8 4 12 $3,075 - - - - - - - $0 $3,075
Subtotal Task 4A 0 88 68 172 480 372 640 780 80 360 8 40 44 60 72 0 3264 $450,683 $0 $0 $20,757 $92,905 $20,155 $20,500 $4,280 $7,930 $617,211
TOTAL HOURS 27 404 80 224 524 612 764 884 80 360 8 42 56 60 166 48 4339 760 102 172 764 151 0 44 6,332
Anticipated Salary Increases (3% for 1 year)$19,265 $0 $0 $0 $0 $0 $0 $0 $0 $19,265
OTHER DIRECT COSTS $6,500 $0 $0 $18,700 $0 $200 $0 $1,900 $27,300
Contingency (~10%)$110,000
TOTAL COST $8,802 $105,444 $19,738 $46,691 $89,911 $88,521 $95,870 $97,766 $7,203 $27,562 $1,640 $7,770 $8,120 $14,400 $17,888 $4,832 $667,923 $105,000 $22,130 $41,957 $114,837 $20,355 $20,500 $6,180 $15,508 $1,124,391
Total SLBEs 30.44%
Total LBEs 100.00%
COST PROPOSAL FOR PROJECT SCOPE - City of Dublin: Iron Horse Trail Bridge OC
Mark Thomas
TOTAL COST
Subconsultants
Total
Hours
Total MT
Cost
January 12, 2018
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$326 $261 $247 $208 $172 $145 $125 $111 $90 $77 $205 $185 $145 $240 $108 $101 LBE/SLBE LBE LBE/SLBE LBE/SLBE LBE/SLBE LBE/SLBE LBE/SLBE 5%
COST PROPOSAL FOR PROJECT SCOPE - City of Dublin: Iron Horse Trail Bridge OC
Mark Thomas
TOTAL COST
Subconsultants
Total
Hours
Total MT
Cost
B OPTIONAL TASKS
1B Bid Support 16 8 8 40 72 $13,603 - - - 10,357 410 - - $538 $24,908
2B Construction Support/Design Support During Construction 48 24 40 120 80 312 $54,183 - - - 20,963 2,330 - - $1,165 $78,641
3B Close-Out Support 8 24 40 72 $10,579 - - - 10,357 - - - $518 $21,453
4B EIR Scope and Budget 8 24 32 $8,872 50,000 - - - - - - $2,500 $61,372
5B Permitting 8 20 20 48 $10,721 25,000 - - - - - - $1,250 $36,971
Subtotal Optional Tasks 16 116 32 48 0 204 120 0 0 0 0 0 0 0 0 0 536 $97,958 $75,000 $0 $0 $41,677 $2,740 $0 $0 $5,971 $223,346
TOTAL HOURS - OPTIONAL 16 116 32 48 0 204 120 0 0 0 0 0 0 0 0 0 536 400 0 0 260 15 0 0 1,211
Anticipated Salary Increases (3% for 1 year)$2,939 $0 $0 $0 $0 $0 $0 $0 $0 $2,939
OTHER DIRECT COSTS - OPTIONAL $0 $0 $0 $0 $0 $20 $0 $0 $20
TOTAL COST - OPTIONAL $5,216 $30,276 $7,895 $10,005 $0 $29,507 $15,058 $0 $0 $0 $0 $0 $0 $0 $0 $0 $100,896 $75,000 $0 $0 $41,677 $2,760 $0 $0 $5,971 $226,304
EXHIBIT D
COMPLIANCE WITH ALAMEDA COUNTY TRANSPORTATION COMMISSION
GRANT FUNDING REQUIREMENTS
The City of Dublin will receive funds from the Alameda County Transportation Commission (ACTC), which requires
Consultant comply with the following:
1. 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.
2. Consultant shall review and comply on behalf of the City with the City’s Agreement with ACTC for grant funding of
the Iron Horse Trail, entitled Project Funding Agreement between Alameda County Transportation Commission and
the City of Dublin for the Iron Horse Trail Crossing at Dublin Boulevard.
RESOLUTION NO. _____ - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A PROJECT FUNDING AGREEMENT WITH THE ALAMEDA COUNTY
TRANSPORTATION COMMISSION
WHEREAS, On April 27, 2017, the Alameda County Transportation Commission
allocated to the City of Dublin $1,294,000 through the Measure BB discretionary funds for the
Iron Horse Trail Bridge at Dublin Boulevard (Project); and
WHEREAS, to receive this grant funding a local match of $228,000 is required and
adequate local funds are available to meet this requirement; and
WHEREAS, On November 7, 2017, the City Council approved the Iron Horse Trail Feasibility
Study as well as the proposed design of a bridge crossing at Dublin Boulevard.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approve the Project Funding Agreement with the Alameda County Transportation
Commission, attached hereto as Exhibit A to this Resolution.
BE IT FURHTER RESOLVED that the City Manager is authorized to execute the Project
Funding Agreement.
PASSED, APPROVED AND ADOPTED this 20th day of February 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
PROJECT FUNDINGAGREEMENT
between
ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the
CITY OF DUBLIN
for the
IRON HORSE TRAIL CROSSING AT DUBLIN BOULEVARD
This Project Funding Agreement C AGREEMENT"), dated for reference purposes only as April 27,
2017, is by and between ALAMEDA COUNTY TRANSPowrA77oN ComnsSION, a joint powers agency
( "ALAMEDA CTC"), and the CITY OF DUBLIN, a public agency CTROJECI' SPONSOR ').
This AGREEMENT obligates funds from one or more ALA11fEDA 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 PROJECI', as such term is defined
in Recital K below.
❑ 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 0"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 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, etseq., 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'D 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'D,
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 (WRF'), 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. A 17 -0091
Project No. 1481001
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, fight -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 close of
business on February 29, 2012, with ALAnIEDA CTC designated as the successor entity. All of its
predecessors' functions and responsibilities have been assigned to, and accepted by, ALA11tEDA 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 C TFCA ") Program Manager in Alameda County,
ALAntEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAIIIEDA
CTC will receive these funds from the Bay Area Air Quality Management District CBAAQMD "), and will
then reimburse these funds to eligible project sponsors.
G. AI.AMEDA 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 ALt"tEDA
CTC for use in projects and programs adopted into the CMA Transportation Improvement Program C'CMA
TIP ") by ALAMEDA CTC.
H. The funding programs administered by ALAMr.DA 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 ADAnNIsmmrm FONDS" herein.
Direct Local Distribution C DLD'� funding distributed pursuant to 2000 Measure B, VRF and 2014
Measure BB is covered by separate agreements between ALAMEDA CTC and DLD recipients.
I. Measure B, Measure BB, VRF, and TFCA funds obligated by this Agreement shall be
programmed, allocated, and expended for the purpose defined and in accordance with the provisions set
forth in the applicable transportation expenditure plans, or the BAAQMD- approved TFCA County Program
Manager Policies.
Page 2 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
J. ALAxtt DA CTC programs and allocates ALA iFDA CTC AmUNISI'ERED FUNDS through
the ALAMEDA CTC Comprehensive Investment Plan ( "CIP ") that is updated periodically to summarize the
programming and allocations of ALAAtEDA CTC ADIIIINISTERED FUNDS, and the policies, procedures and
requirements related to the expenditure ofALAMEDA CTC ADMINISTERED FUNDS.
K. The PROJECT SPONSOR is implementing a projector program CTROJRCIr) that is eligible
for ALAIIEDA 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 AGRPEAIENT 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.
AI,A \tEDA CTC ADmimsTERED 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 AmAtEDA CTC in writing of any changes to the
information contained in Appendix A: Project Control Information as soon as PROJECT' SPONSOR becomes
aware of such changes. Per Section 11I.2, any changes that require an amendment to this AGREEilIENT must
be approved by AT AMEDA CTC prior to the PROJECT SPONSOR implementing the change.
Page 3 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
4. PROJECI' SPONSOR shall commit to the timing of ALANiEDA CTCADMINi51TRED 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.
G. 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 AGREEMENTis..
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 vehicles) purchased with ALADtEDA CTC ADMINISTTRED FUNDS, if the sale of the vehicle(s)
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. PROJECI' SPONSOR staff costs for any local agency, which receives DID funding, shall not
be eligible for reimbursement from ALAAiFDA 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 700/v 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 AmMEDA CTC ADMINISTERED FUNDS. obligated by this AGREEMENT, and shall not be included in
the total eligible PROJECT cost calculations used to determine the ALA.NiEDA CTC ADMTNismRED 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.
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
Page 4 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
professional services contracts to ALAMEDA CTC for AIrkMEDA 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 AmNIEDA 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 /VI SBE 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 ALAhtEDA 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 AI.AMEDA 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 der subconsultants as applicable, and any
additional relevant information requested by ALAI,IEDA CTC.
17. PROJECT SPONSOR shall submit to ALANtEDA 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 rrdnirnum 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,
PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAniEDA
CPC (upon ALAMEDA CTCS request) prior to AI.AMEDA CTC authorizing reimbursement of such costs.
Each Request for Reimbursement shall also include detailed supporting documentation for the total PROJECT
Page 5 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
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 PROJL•Cr 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 ADMINIS1TRED
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 PROJECI'records for a period of five (5) years after A1e1MEDA
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.
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.
Page 6 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
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
PRQIECT and the use of ALAMEDA CTC ADMINTSTFRED 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 PROJEGP 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 ofALAMtEDA CTC ADrfID MRED
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 tender 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, aPROJECT 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
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
Page 7 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
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
AI.AMEDA 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 ALANIEDA 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. ALANIEDA 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 CTCs prior written
approval through completion and submittal to ALANiEDA CTC of the form in Appendix D: Alameda CTC
Funding Shift Approval Form, and (B) provides a revised and updated Appendix A: Project Control
Information to ALA ffiDA 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
Page 8 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
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. ALAAJEDA CTC and the P1tOJECT SPONSOR may jointly authorize an "Administrative
Amendment" for any minor schedule revisions, deliverables, or budget revisions that do not increase the total
ALAAfEDA CTC ADAIINIS'iTRED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope
of work must be approved by ALAAfEDA CTC prior to implementation of the change by the PROJECT
SPONSOR. Administrative amendment requests sent to ALAAlEDA CTC must include 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; (it) "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 ALAAIEDA CTC as shown in Appendix B: Alameda CTC Administered
Funds Obligated by this Agreement.
5. ALAbiEDA CTC AmuNISTERED FUNDS obligated by this AGREEMENT are subject to fund
availability and any new requirements and policies imposed by AI.AMEDA 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 ALAAiEDA 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.
AirkAiEDA CTC ADMINinTmED 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:
Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the
BAAQMD upon ALAAIEDA CTC with respect to the TFCA funds distributed hereunder. ALAAffiDA CTC
Page 9 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
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 CI'C 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 Hi 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 ALANiEDA 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 AJAMEDA CTC
ADMINMI'ERED 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
Ai -AmEDA 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 ALAAIEDA OTC's receipt of revenue from BAAQMD, available funds will be reimbursed to
PROJECP 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. AIr1NIEDA 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 AI.ANIEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails
to meet die reporting and invoicing requirements of this AGREEMENT, ALANIEDA 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, ALANEDA CTC will endeavor to notifyPROJECI' 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,
At,AmEDA CTC will deobligate any remaining ALANIEDA CTC ADMINISTERED FUNDS from PROJECT and
this AGREEMENT'.
Page 10 of 16
Alameda CI'C Agreement No. A17 -0091
Project No. 1481001
15. Each Right -of -Way transaction which is funded either wholly or in part with ALADIL^'DA CTC
ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAxlEDA CTC under ALADIEDA
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 AIAMEEA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment
to this AGRFFNiENT 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 ALAAIEDA CTC ADMINISTERED FUNDS
(Le., if the purchase was fully funded by ALA, %fEDA CTC AD.iNfINISLTRED FUNDS, ALA,NtEDA 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 ALJ1\fEDA 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 ADiMINISTERED FUNDS
to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not
begin constructionwithin 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 CI'C for the greater of the following: ALtll1IEDA
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. AlriNIEDA CTC ADMINISTERED FUNDS were paid to PROJECT
SPONSOR and the date reimbursement is made to AI.ANIEDA CTC.
b. If any property is acquired for the PROJECT using ALA\IEDA CTC ADilf [NISTERED 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 Afe1NIEDA CTC for ALAtfEDA 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."
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
Page 11 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
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.
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 CI'C 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 ALA tEDA CTC Share of the amount
settled plus ALA FDA 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 Al.AmEDA CTC for PROJECT Right-of-way is
limited to the following:
a. The cost to purchase all real property requited 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
other sources) when the PROJECT displaces an individual, family, business, farm operation
or nonprofit organization.
Page 12 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
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 PROJECI' 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, ALANtEDA 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, not 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, PRoJrcr 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 PROJECI'.
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 ALAAiEDA CTC under or in connection with any work, authority or jurisdiction delegated to
ALA,%WDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code
Section 895.4, ALA NIEDA 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
ALA,mEDA 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 13 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
23. Nothing in the provisions of this AGRErimr. 'r is intended to create duties or obligations to
or rights in third parties not party to this AGREEMENT. This AGRi.mNfrNT gives no rights or benefits to
anyone other than ALAAfEDA 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 AGR1 rAIIdN'r, 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 AGREEMi N't' unless this AGREEMENT is extended by mutual
agreement of the parties. Notwithstanding the foregoing, Sections 1II.21 and SectionIH.22 shall survive the
termination or expiration of this AGREENIRNT.
27. This AGREEil1ENT, including its Recitals and Appendices, constitutes the entire
AGREEi1mmr. 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
CITY OF DUBLIN
(PROJECT SPONSOR)
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
ALAMEDA COUNTY
TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:
Christopher L. Foss Date Arthur L. Dan
City Manager Executive Director
Recommended
0
Gary Huisingh
Public Works Director
Date
Recommended
Date
By:
Vivek Bhat Date
Director of Programming and
Project Controls
Reviewed as to Budget /Financial Controls:
By:
Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form: Approved as
By: By. C
John Bakker Date Wendel,
Legal Counsel to CiTY of DUBLIN Legal 9
Page 15 of 16
to ALAAmDA CTC
-Al
APPENDIX A: PROJECT Cc
Appendix A -1
Appendix A -2
Appendix A-3
Appendix A-4
Appendix A -5
Appendix A-6
Appendix A -7
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
LIST OF APPENDICES
INTROL INFORMATION
Project Description
Project Phase Descriptions
Project Milestone Schedule
Project Responsibility Checklist
Project Funding Summary by Phase and Fund Source
Project Phase Cost Detail Special Considerations
Permits/ Agreements /Coordinating Agencies
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THISAGREEMENT
APPENDDIC: 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.
APPENDDI D: ALAMEDA CTC FUNDING SHIFT APPROVAL FORM
APPENDDI E: LOCAL BUSINESS CONTRACT EQUITY PROGRAM
APPENDDI F: TASK DELIVERABLES AND DUE DATES
APPENDIX G: PROJECT PERFORMANCE MEASURES
APPENDIX H: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS
Appendix H -1
TFCA Project Number and "Years of Effectiveness"
Appendix H -2
BAAQAID- approved TFCA County Program Manager Fund Policies
Appendix H -3
Minimum required insurance for TFCA- funded. projects
Appendix H -4
Annual Interim (Progress) Report to BAAQMD for TrCA- funded projects
Appendix H -5
Final Report to BAAQilID for TFCA - funded projects
Mote: Appendix H is only included and attached to this AGREEAIENT lTFCA frrndr atz obligated and appArabk to
AGREEAIENT..
Page 16 of 16
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
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. A17 -0091
Project No. 1481001
APPENDix A -1
PROJECT DESCRIPTION
Project Title: Iron Horse Trail Crossing at Dublin Boulevard
Project Description:
This project will build a bicycle and pedestrian bridge over Dublin Boulevard in order to connect two segments of the
Iron Horse Trail. This bridge will create a total separation between cars and buses with bicyclists and pedestrians. This
will eliminate the possibility of motorized vehicles and pedestrians having a collision, making this segment of the road
safer for all users. This bridge will also be aesthetically pleasing in order to attract users and improve the user's
experience. The bridge will also connect BART to Dublin in a safe manner, encouraging recreational users of the Iron
Horse Trail and the opening of local businesses to promote Dublin's economy. This safe and fast route of crossing the
Iron Horse Trail will promote walking and bicycling for both recreational and commuting purposes in Dublin,
encouraging the shift from motorized vehicles to alternative forms of transportation.
Appendix — Page 2
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
APPENDIX A -2
PROJECT PHASE DESCRIPTIONS
The ALAmEDA CTC ADIIIIN1sTERED FUNDS obligated by this AGREEMENT are to support the project phase(s)
identified and described below:
PRELIMINARY ENGINEERING /ENVIRONMENTAL
• Includes preliminary engineering /environmental activities associated with the project development and
applicable environmental clearance(s) for the Iron Horse Trail Crossing Project.
FINAL DESIGN
• Includes review and approval of design criteria, concepts, and other parameters leading to the construction of
the Project.
Appendix A — Page 3
Alameda. CTC Agreement No. Al 7-0091
Project No. 1481001
APPENDLY A -3
PROJECT MILESTONE SCHEDULE
Phase /Milestone
Begin
o /Yr
End
Mo /Yr
Preliminary Engineering /Environmental Studies
11/2017
12/2018
CEQA Approval
11/2017
12/2018
NEPA Approval (if needed)
11/2017
12/2018
Final Design (Plans, Specifications and Estimate (PS &E))
06/2018
06/2020
Right -of -Way Acquisition (need to determined as part of the final
design)
06/2018
06/2020
Construction
10/2020
10/2022
Appendix A — Page 4
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
APPENDIX A -4
PROJECT RESPONSIBILITY CHEMIST
Project Responsibility Checklist: The table beloNv identifies specific project responsibilities of the AWf DA CPC
and the PROJECT SPONSOR for implementing the PROJECT contained in this AGRrmmENT.
AppendixA4 it not applicable to tbisAGRHUMENT.
Appendix A— Page 5
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Alameda CTC Agreement No. A17 -0091
Project No. 1481001
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.
COORDINATING AGENCIES:
• Alameda County Public Works Agency (ACPWA)
• Alameda County Transportation Cormnission (AI AmEDA CTC)
• Zone 7
• East Bay Regional Parks District
• BART
Appendix A — Page 8
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
APPENDIX B
ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT
The following Table B -1 identifies the ALAMEDA CTC AD \ItNlsTERED FUNDS obligated by this
AGREEMENT and establishes a unique alloxvable start date for each obligated fund source.
Agreement Expiration Date: December 31, 2020
Notes:
1. ALAuEDA CPC reimbursement amounts by fund source for PROJECP Shall not exceed the total amount obligated by this
AGREEMP.N'r, by fund source.
2. The Commission ApprovalDatc is the date of the Commission Meeting that authorized and approved the allocation.
3. The Allowable Start Date identified for each fund source is the earliest date to incur eligible reimbursable costs. Any costs
incurred on the PRO)ECr 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
PROJE(:r after this date will not be eligible for reimbursement under this AGREEbmNT.
5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMf•.N'r.
6. For 1'FCA 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.AI.AmmA CPC from BAAQMD, unless . an extended deadline is approved
at the time of programming or an extension has been approved by the A7.AMEDA CTC. Extended deadlines will be reflected
in the above table.
Appendix B - Page 1
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 Date
Amount
Date
2014 MBB
TEP -42
PE /Env
4/27/17
7/1/2017
TheAgrenI"t
$ 166,000
Expiro(roa Dan reran
2014MBB
TEP -42
Final Design
4/27/17
7/1/2018
ar /he exPIR&dtm
$1,128,000
S &E.
ekarlllne.
Total Alameda CTC Administered Funds Obligated by AGREEMENT:
$ 1,294,000
Agreement Expiration Date: December 31, 2020
Notes:
1. ALAuEDA CPC reimbursement amounts by fund source for PROJECP Shall not exceed the total amount obligated by this
AGREEMP.N'r, by fund source.
2. The Commission ApprovalDatc is the date of the Commission Meeting that authorized and approved the allocation.
3. The Allowable Start Date identified for each fund source is the earliest date to incur eligible reimbursable costs. Any costs
incurred on the PRO)ECr 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
PROJE(:r after this date will not be eligible for reimbursement under this AGREEbmNT.
5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMf•.N'r.
6. For 1'FCA 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.AI.AmmA CPC from BAAQMD, unless . an extended deadline is approved
at the time of programming or an extension has been approved by the A7.AMEDA CTC. Extended deadlines will be reflected
in the above table.
Appendix B - Page 1
Alameda CfC Agreement No. A17 -0091
Project No. 1481001.
APPENDIX B (CDNT.)
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
Limitation Amount
Amount
1
FY 17/18
Any
2014MBB
$ 166,000
$ 166,000
2
FY 18/19
Any
2014 MBB
$ 564,000
$ 730,000
3
FY 19/20
Any
2014MBB
$ 564,000
$ 11294,000
Notes:
1. Fiscal Year (FY) begins July 1 and ends June 30.
2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins
January 1 and ends march 31; and Quarter 4 begins April 1 and ends June 30.
3. AIANtEDA CTC shall endeavor to transmit payments to PRO)ECC SPONSOR following a receipt and approval of a
Request for Reimbursement(s) by the PROJEcr SPONSOR.
4. Actual reimbursements from AIAmFDA CTC to the PRO]ECr SPONSOR shall not exceed the Cumulative Drawdown
frmitation 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. All -0091
Project No. 1481001
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 maybe obtained from http, / /anv y alatngdactc org/app [2ages /view /8066.
• The format and content required are subject to change.
Appendix C — Page 1
Alameda CTC Agreement No. A17 -0091
ProjectNo. 1481001
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
Requited
Minimum Frequency
Period Covered
Due Dates
nr rbrrkrd
Monthly
One month
By 30 days of end of billed
once evvy month
activity
Quarterly
Quarter 1: 7/1— 9/30
By October 31st
(once every 3 mtontlu)
Quarter 2: 10/1 —12/31
By January 31n
0
Quarter 3: 1/1— 3/31
By April 300,
Quarter 4: 4/1— 6/30
By July 31a
Semi - annually
Quarters 1 & 2: 7/1 -12/31
By January 311t
®
(once epety 6 mpnthr)
Quarters 3 & 4: 1/1— 6/30
By July 31st
Annually
Fiscal Year: 7/1 — 6/30
By September 30th.
0
(1F'CA Annual Row)
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 BAAQAID in addition to the minimum required frequency for Alameda CTC
progress reports and invoices. See Appendix II 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. A17 -0091
Project No. "1481001
APPENDDI C -2
SAMPLE ALAMEDA CTC REQUEST FOR RSIMRURSEDiENT INSTRUCTIONS AND FORMS
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Alameda CTC Agreement No. A17- 0091
Project No. 1481001
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Appendix C — Page 4
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
APPENDIX G3
SAMPLE ALAMEDA CTC PROGRESS REPORT FORMAT
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Alameda CTC Agreement No. A17 -0091
Project No. 1481001
APPENDIX C -4
SAMPLE ALAMEDA CTC FINAL REPORT FORMAT
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Appendix C — Page 6
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
Vb ►,
AI AMIEDA CTC FUNDING SIIIFr APPROVAL FORM
AUMM f CfC RINDINe SI I IPf AMO\AL FOMI
ADMINISTRATIVE AMRNDMFHTNO. pt1
1'n the Sc Al -•:r 111.1 of Ilm A3VT. ?t1,- (Yn:igahnn. of : \f. ?F.T Lin :1'C VI IINIffi :CEC P :nly andxmri
be Jo, _'.alECI CPC: cnp br slu::rd FC�Vetn th! pLR-, of tilt I'BUIEC i' cocecc-0 6p lira :1Jf3eL4iYT,
b_maen .mdvm!s M lit: s.mt: Fhsr of he PR01EC'T. TI>, m&A,s Aft fwtdir:p ah�_wa!s\s intx•.<n
VI L\SLS. Grd ..,,n .md Sv �Jrl.�ntio :u Leto mn "4mnu,f• ".m :l Ep m:or StalY` toa.
Tr. Pa m::[T S: -.. sr: \d ?Ohutin Al_.IArI �. CTG wvnen sppmcJ �m arlean,z th :r.rch :r•:npltlinn
and.uM1r. :nril a it tlEr�i CI Cnl Ua<IOn1;:.A1lTrPA':l C Ihm.iun Slitlr Approval 7ann; end 3• P:mxie
end nplbttrd Appatda A - PmR•] (nuho] to Jx' ATFHE:6PIT whxh ,Jlccp the
tF ;u sled sluf[.>t fbr timdmr ob:iratrons . ,l6,.Zcd by Ih:s A_:_MIEI-T m:d dmrrtstratts Jar +he phew or
•:nnty G.no wh:.h dK Cw:Jr were'I:crJ.vmvP fide Cunu.7.
Thepurpose of This Amcndrnent Nu.11[uen N0.1is[o document dte PROJECTSPONSOR'S"U t
.,,J Abmsl. CTC4.pprv..! of Jm ahif[ uf.LL { \tEn.\ CTC AD)11AISTEReO Flmoc Atig.a.u. —
mlkcted in the uhk(s) Ldnw and in the rtirktd Appendi` A - Pmjeet Cn..,.1 laf nnainn and
Appendix E: AMA arOS C:TC ADSoYlsvelsnu Fuva Ohligated by [ha Aeneeurxr-
J nsOn
Pmjeaf No
Alpccment Nn.
Project Dcscdpdun:
ilw ExecurcJ:
PHASE(S):
AM. b'd r , Kah'ax, la h>'iLT la
ellgxnd:e A; I'mECC I!a:ncl hnmmanof[
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Appendix D — Page 1
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
APPEtvnnt E
LOCAL BUSINESS CONTRACT EQUITY PROGRAMS
Per Section I.14, the Project Sponsor shall abide by the current Alameda CTC Local Business Contract
Equity program requirements referenced here: liup://\%,w\v.alamedactc.org/al2p pages /view/4543
Appendix E — Page 1
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
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 Awir -.DA CTC ADMINISTERED FUNDS.
Task Deliverables and Due Dates
Task
Deliverable
Deliverable
Deliverable
Due Date to
Alameda CPC
1
Progress Report No. 1 Quly- December, 2017)
January 31, 2018
2
Copy of City resolution to award consultant work (PE /Env)
January 31, 2018
3
Progress Report No. 2 Qanuary June, 2018)
July 31, 2018
4
Progress Report No. 3 Only- December, 2018)
January 31, 2019
5
Progress Report No. 4 Qanuary June, 2019)
July 31, 2019
6
Progress Report No. 5 Only- December, 2019)
January 31, 2020
7
Progress Report No. 6 Qanuary June, 2020)
July 31, 2020
Copy of final plans and specifications (PS &E) or City resolution
8
accepting the final plans and specifications can be included with
P g P P (
By the Agreement
Expiration Date
Final Report).
9
Final Invoice
By the Agreement
Expiration Date
1 0
Final Report
By the Agreement
Expiration Date
Notes:
Task Deliverables shall be received and approved by the Alameda CfC prior to Alameda CTC releasing a payment for a
Request for Reimbursement.
Appendix F - Page 1
Alameda CTC Agreement No. A17 -0091
Project No. 1481001
APPENDT% 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 ptoject /program is
meeting its objectives.
Project Performance Measures and Targets
Performance Outcome
• Improve bicycle and pedestrian access across Dublin Boulevard while using the Iron Horse Trail.
• Encourage non - motorized transportation for both commuting and recreational purposes.
• Improve safe routes to schools programs — specifically students that live in the Transit Center or
commute from BART. Students Nvill be able to have a faster commute and cross Dublin Boulevard
without interacting with cars.
• Improve transit access and general congestion relief.
Note!
1. Improvements are 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. A17 -0091
Project No. 1481001
APPENDIX H
TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS
Appendix His only included and attached to thisAGREEAIENT if TFCA funds air obligated and applicable to
AGREEMENT.
Appendix H is not applicable to thisAGREEAIENT
Appendix H —Page 1
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
st0118.9100.9101 - Salaries & Benefits $171,000
st0118.9200.9201 - Contract Services - General $1,351,000
3600.9601.49999 (Transfers In)$1,522,000
st0118.2201 (2201.9601.89101) - Gas Tax - Transfers Out $228,000
st0118.2217 (2217.9601.89101) - Measure BB Grant - Transfers Out $1,294,000
2/20/2018
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Final design for the construction of a bicycle and pedestrian bridge overcrossing of Dublin Boulevard for the Iron Horse Trail
(IHT) near Scarlett Drive.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2017-18
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
City Council's Approval Required
EXP: CIP - Iron Horse Trail Bridge at Dublin Blvd
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NORTH
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Project Limits
Project
Limits
Dublin Blvd.
Sc
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Iron Horse Trail Crossing at Dublin Boulevard Project
City of Dublin
Transit Center/Dublin
Crossings Priority
Development Area
(PDA)