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4.11 - 2332 Amend Consultant Agreements - CIP ST0317 an
Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: New Agreement with DKS Associates, Amendment to Agreement with Geosyntec Consultants, Inc., and Additional Funding Request for Amador Valley Boulevard – Wildwood Road and Stage Coach Intersection Improvements, CIP No. ST0317; and Amendment to Agreement with BKF Engineers and Additional Funding Request for Dublin Boulevard Extension – Fallon Road to North Canyons Parkway, CIP No. ST0216. Prepared by: Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will consider approval of an on-call consultant services agreement with DKS Associates, and amendments to the agreements with Geosyntec Consultants, Inc. and BKF Engineers. The City Council will also consider a budget change adding $626,250 to CIP No. ST0317 and $212,692 to CIP No. ST0216. STAFF RECOMMENDATION: 1) Adopt the Resolution Approving On-call Consulting Services Agreement with DKS Associates; 2) Approve Budget Change to CIP No. ST0317; 3) Adopt the Resolution Approving Amendment #2 to the Consulting Services Agreement with Geosyntec Consultants, Inc. for Green Infrastructure Planning and Stormwater Resource Evaluation Plan; 4) Adopt the Resolution Approving Amendment #2 to the Consulting Services Agreement with BKF Engineers for Additional Environmental Work on Extension of Dublin Boulevard to North Canyons Parkway Project; and 5) Approve Budget Change to CIP No. ST0216. FINANCIAL IMPACT: The DKS Associates Agreement includes a not to exceed amount of $500,000. Related to this Agreement, approval a budget change is necessary to CIP No. ST0317 for Amador Valley Boulevard – Wildwood Road and Stagecoach Intersection Improvements Project in the amount of $626,250 to cover DKS costs and other expenses. Funding will come from a combination of Measure B and Measure BB Funds, and the General Fund Reserve for Municipal Regional Permit, to cover the proposed additional design and construction costs for the project. The Geosyntec amendment will extend the agreement term and increase the Page 2 of 4 compensation by $157,000. There are sufficient funds available in the Fiscal Year 2018 - 19 Budget to cover this increase. The BKF Engineers amendment for will increase the scope, term, and compensation for the additional work on the Dublin Boulevard Extension – Fallon Road to North Canyons Parkway Project. Approval of the related budget change will appropriate an additional $212,695 from Measure BB Grant Funds for this purpose. DESCRIPTION: Amendment to CIP NO. ST0317 and On -Call Consultant Services Agreement with DKS Associates: The Five-Year Capital Improvement Program, adopted by City Council, includes Amador Valley Boulevard – Wildwood Road and Stagecoach Intersection Improvements, CIP No. ST0317. The scope of the project includes safety improvements for vehicle, bicycle, and pedestrian traffic on Amador Valley Boulevard at the intersections of Wildwood Road and Stagecoach Road. In November 2017, DKS Associates (DKS) was tasked as an on-call consultant to assist Staff with the project design. The design scope for DKS was within an on-call consultant services agreement approved by City Council per Resolutions 94-14 and 76-16. During the design phase, Staff identified opportunities to integrate green infrastructure for stormwater treatment and to expand the use of recycled water for irrigation of public landscaping. The green infrastructure opportunity consists of including landscaped bioretention areas in bulb-outs along the north side of Amador Valley Boulevard between Wildwood Road and Dougherty Road. These bioretention areas will help the City to comply with the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit 2.0 (MRP 2.0), which requires all permittees to develop a Green Infrastructure Plan and to review all capital improvement projects for the incorporation of green infrastructure measures to the maximum extent practicable. Green infrastructure is a term that refers to engineered structures or features that are designed to detain stormwater runoff and remove pollutants from stormwater. The landscaped bioretention areas will require irrigation and these areas on Amador Valley Boulevard are currently irrigated with potable water. Staff is proposing to convert this area to recycled water as part of this project. The incorporation of green infrastructure and the conversion to recycled water requires additional design services. Since DKS has assisted Staff with majority of the project design, Staff proposes to task DKS with the irrigation and bioretention design, and to expand the scope to include design support during project bidding and construction. The previous on-call consultant services agreement with DKS has expired ; however, in June 2018, per Resolution 64-18 (Attachment 1), the City Council approved DKS as a qualified Consultant firm and reserved the option to enter into a contract with them later as need arises. The Resolution (Attachment 2) and Exhibit A to the Resolution (Attachment 3) describe the on-call Consulting Services Agreement with DKS for the proposed scope change. The additional design and construction of the green infrastructure and recycled water conversion will result in increased project costs. These costs are proposed to be Page 3 of 4 funded by Measure B, Measure BB, and the General Fund Reserve for MRP 2.0 implementation. Staff recommends that City Council approve the budget change (Attachment 4) to appropriate additional funds into CIP No. ST0317. Amendment to Consultant Services Agreement with GeoSyntec Consultant On January 10, 2017, the City Council approved a Consulting Services Agreement (Agreement) with Geosyntec Consultants, Inc. (Geosyntec) to assist with Green Infrastructure Plan development and authorized the City Manager to execute the Agreement (Attachment 5). On September 5, 2017, City Council approved Amendment #1 to the Agreement (Attachment 6), extending the Agreement term an additional 15 months and adding project scope including development of green infrastructure project concept plans, development of stormwater typical details, and identification of potential funding mechanisms for green infrastructure implementation. As part of Amendment #1 to the Agreement, Geosyntec developed concept plans for integrating bioretention areas within the Amador Valley Boulevard – Wildwood Road and Stagecoach Intersection Improvements, CIP No. ST0317. The proposed second amendment to the Agreement includes peer review services for the final design of CIP No. ST0317, additional Green Infrastructure Plan assistance, development of a Dublin -specific green infrastructure funding and financing strategy, additional concept plan development, and technical assistance with implementation of MRP 2.0 Provision C12.f, Managing Polychlorinated Biphenyls (PCBs)-Containing Materials and Wastes During Building Demolition Activities. The Agreement amendment extends the terms of the Agreement to the end of Fiscal Year 2019-2020. The Resolution (Attachment 7) and Exhibit A to the Resolution (Attachment 8) describe the terms of Amendment #2 to the Agreement in full. Amendment to Consulting Services Agreement with BKF Engineers On November 1, 2016, the City Council approved Consult ing Services Agreement (Agreement) with BKF Engineers (Attachment 9) for conducting preliminary design work for Dublin Boulevard Extension – Fallon Road to North Canyons Parkway, CIP No. ST0216. The preliminary design work includes the completion of a traf fic study, preparation of an Environmental Impact Report (EIR), initial roadway design, and the preparation of a Precise Alignment. The traffic study will determine the ultimate capacity (number of lanes) needed for this roadway extension. On April 27, 2017, the City of Dublin received a Measure BB grant of $8.288 million for final design work and for any additional environmental clearance work. After this funding allocation, the City Council approved an amendment to the Agreement (Attachment 10) for completing National Environmental Protection Act (NEPA) related environmental work for the Project. At the time, it was assumed that both the EIR and the NEPA related environmental work would be completed together. The California Department of Transportation (Caltrans) is overseeing the NEPA related environmental work as designated by the Federal Highway Administration. Recently, Caltrans has determined that additional environmental studies are required to complete the NEPA clearance for the Project. These stu dies are in addition to the scope of work within the BKF Agreement. Additionally, completion of these studies is expected to delay NEPA clearance until spring of 2020. Page 4 of 4 It is important to complete the EIR for the Project as early as possible , in order for the overall project to be eligible for receiving State transportation funding for the next phases (Construction and Right of Way Acquisition). Staff recommends that the EIR work be expedited to achieve this goal by decoupling the processing of the EIR from the NEPA related environmental clearance. By decoupling the environmental work, it is anticipated the EIR will be complete in summer 2019, thus making the project eligible for State funding in 2019. In order to decouple the environmental work, an amendment to the Agreement with BKF is required, which will increase the Agreement scope, term, and compensation. The Resolution (Attachment 11) and Exhibit A to the Resolution (Attachment 12) describe the terms of Amendment #2 to the Agreement in full . In order to fund the additional scope, Staff recommends City Council approve the budget change (Attachment 13) to appropriate additional Measure BB Grant Funds into CIP No. ST0216. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this report has been sent to the Alameda County Transportation Commission's Independent Watchdog Committee for Measure B and BB projects and programs. ATTACHMENTS: 1. Resolution 64-18 2. Resolution Approving On-Call Consulting Services Agreement with DKS Associates for Engineering Services 3. Exhibit A to Attachment 2 4. Budget Change Form - CIP ST0317 5. Consulting Services Agreement with Geosyntec Consultants 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. 7. Resolution Approving Amendment #2 to the Consulting Services Agreement with Geosyntec Consultants, Inc. for Green Infrastructure Planning and Stormwater Resource Plan Evaluation 8. Exhibit A to Attachment 7 9. Consulting Services Agreement with BKF Engineers 10. Amendment #1 to Consulting Services Agreement with BKF Engineers 11. Resolution Approving Amendment #2 to the Consulting Services Agreement with BKF Engineers for Additional Environmental Work on Extension of Dublin Boulevard to North Canyons Parkway Project 12. Exhibit A to Attachment 10 13. Budget Change Form - CIP ST0216 RESOLUTION NO. 64 — 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING ON -CALL CONSULTING SERVICES AGREEMENTS FOR ENGINEERING SERVICES WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for On -Call Engineering Services; and WHEREAS, Staff reviewed and selected the most qualified firms to provide services; and WHERAS, the City wishes to enter into agreements with Advanced Mobility Group, Bellecci & Associates, CHS, CSG, Fehr & Peers, Guida, Harris & Associates, Interwest, Iteris, Kier & Wright, Kimley-Horn, Kittelson, Novani, GHD, Pakpour Consulting Group, SNG, Wood Rodgers, and Zumwalt for a term beginning July 1, 2018 through June 30, 2021; and WHEREAS, the City also wishes to approve entering into contracts at a later date, for any of the following approved firms which were also reviewed as part of the solicitation process and who were deemed qualified: DKS, Hexagon Transportation Consultants, Inc., Mark Thomas, Michael Baker, Parisi, Psomas, TJKM, and WMH. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the On -Call Consulting Services Agreements with Advanced Mobility Group, Bellecci & Associates, CHS, CSG, Fehr & Peers, Guida, Harris & Associates, Interwest, Iteris, Kier & Wright, Kimley-Horn, Kittelson, Novani, GHD, Pakpour Consulting Group, SNG, Wood Rodgers, and Zumwalt as attached hereto as Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F, Exhibit G, Exhibit H, Exhibit I, Exhibit J, Exhibit K, Exhibit L, Exhibit M, Exhibit N, Exhibit O, Exhibit P, Exhibit Q, and Exhibit R to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreements, attached hereto, and make any necessary, non -substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of June 2018, by the following vote: AYES: Councilmembers Goel, Gupta, Hernandez, Thalblum and Mayor Haubert NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Reso No. 64-18, Adopted 6/19/2018, Item No. 4.2 Page 1 of 1 RESOLUTION NO. xx-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING ON-CALL CONSULTING SERVICES AGREEMENT WITH DKS ASSOCIATES WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for On-Call Engineering Services; and WHEREAS, Staff reviewed and selected the most qualified firms to provide services; and WHEREAS, the City wishes to enter in to agreement with DKS Associates for a term beginning December 4, 2018 through June 30, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the On-Call Consulting Services Agreement with DKS Associates as attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached hereto, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of December 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ Mayor ATTEST: _______________________________________ City Clerk Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 1 of 15 Exhibit A to the Resolution CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DKS ASSOCIATES, INC. FOR ON-CALL ENGINEERING SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and DKS Associates, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of December 4, 2018 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified by the respective executed Task Orders. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Task Order. Prior to execution of a Task Order, the City shall request a Task Order Scope Proposal from the Consultant. Consultant shall provide the City with a Task Order Scope Proposal, and if satisfactory, the City and Consultant shall execute a Task Order. Upon an executed Task Order, Consultant shall perform the services listed in the Task Order and in a manner consistent with this Agreement. 1.3 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.4 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. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 2 of 15 1.5 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.3 above and to satisfy Consultant’s obligations hereunder. 1.6 Public Works Requirements. Because the services described in Exhibit A may constitute public works within the definition of Section 1720(a)(1) of the California Labor Code, the Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit E. 1.7 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unles s currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. This Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed and executed as needed and provided for in this Agreement. The Consultant shall be paid by the City only for completed services rendered under each approved individual Task Order. Such payment shall be full compensation for payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work stated in the Task Order. Notwithstanding the foregoing, Consultant shall not receive total compensation under this Agreement in an amount exceeding Five Hundred Thousand Dollars ($500,000). In the event of a conflict between this Agreement and Consultant’s proposal, regarding the amount of compensation, the Agreement shall prevail. The payments for completed work under an executed Task Order shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. 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 Agreement 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: Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 3 of 15 ▪ 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 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; ▪ 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 Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense ▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; ▪ The Consultant’s signature; ▪ Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12 -month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to th is Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 4 of 15 In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amou nts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 5 of 15 Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 6 of 15 therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 7 of 15 4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Reserved. 4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.4 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. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 8 of 15 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. With the exception of the Professional Liability Insurance under Section 4.3, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.5 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 su ch insurance from any sums due under the Agreement; ▪ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ▪ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement . Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 9 of 15 pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 10 of 15 in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 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 deliverin g to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 11 of 15 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to t his 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 t he matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 12 of 15 the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agree ment. Consultant Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 13 of 15 understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. As part of the Request for Qualifications process associated with this Agreement, Consultant was required to provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of Consultants clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. A copy of the list is attached hereto as Exhibit D and incorporated by this reference. 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’s Contracts Manager, in the City Manager’s Office ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator, or their designee. 10.10 Notices. Any written notice to Consultant shall be sent to: DKS Associates, Inc. David Mahama, Senior Project Manager 1970 Broadway, Suite 740 Oakland, CA 94612 Any written notice to City shall be sent to: City of Dublin Attn: Gary Huisingh, Public Works Director 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, C, D & E represents the entire and integrated Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 14 of 15 agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification Exhibit D Conflict of Interest List Exhibit E California Labor Code Section 1720 Information 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. [SIGNATURES ON FOLLOWING PAGE] Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN DKS ASSOCIATES, INC. Christopher L. Foss, City Manager Terry Klim, Principal Attest: Consultant’s DIR Registration Number (if applicable) Caroline Soto, City Clerk Approved as to Form: City Attorney Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit A – Page 1 of 4 EXHIBIT A SCOPE OF SERVICES Consultant shall provide professional engineering services to City under issued Task Order(s) with approved Scope of Work, signed by an authorized individual and p rinted on letterhead. Task Orders shall be issued for work to include, but not limited to, the following tasks: Intelligent Transportation Systems • Develop Intelligent Transportation System (ITS) applications, communication needs, and upgrades. • Perform Traffic Operation Center equipment maintenance, and provide monitoring and operation services. • Provide assistance on Connected and Autonomous Vehicle implementation. • Conduct research for technology comparisons. • Develop long-range transportation related communication infrastructure plans. • Support pursuit of Public/Private partnerships in transportation data sharing and management. Transportation Planning/Engineering • Provide staff augmentation services • Provide traffic signal design, timing, and coordination services. • Develop Complete Street Policy design elements and implementation plans. • Develop Transit Signal Priority design and implementation. • Review and prepare traffic impact studies. • Conduct travel demand modeling and review Countywide Transportation Model; coordinate with County’s consultant and provide traffic/transportation data as required. • Conduct corridor and intersection analysis, including operations, safety, and level of service. • Prepare traffic warrant studies. • Review/prepare construction detour plans. • Conduct traffic counts – include daily counts, vehicle classification counts, and turning movement counts for all modes, parking surveys, origin-destination surveys, GPS data collection, and assessment of existing conditions. • Conduct parking studies. • Prepare and review signing, marking, and striping plans. • Prepare roadway, intersection, and roundabout design. • Prepare and design for new or existing signalized intersections slated for modification (include considerations for transit, pedestrian and bicycle movements and focus on alternatives that reduce current intersection inefficiencies). Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit A – Page 2 of 4 • Conduct traffic operations analyses and familiarity with Synchro software based HCM Methodology. • Develop and prepare grant applications. • Provide updates to the Citywide Travel Demand Model. • Review Transportation section of an EIR. • Perform Multimodal Transportation planning and design, which may include: ▪ Street circulation planning and design. ▪ Bicycle facility planning and design. ▪ Pedestrian facility planning and design. ▪ Transit planning, design and operations. ▪ Transportation systems management/transportation demand management strategies. ▪ Traffic calming assessment and design. • Prepare cost estimates – planning and project level. • Conduct public outreach – tasks may include developing materials for the public and content for the City’s web site. • Preparation of transportation project bid documents. • Conduct feasibility studies for all modes of transportation. • Implement Traffic Sign Retroreflectivity standards and provide traffic sign inventory data management. • Implement transportation Asset Management and Customization. Civil Engineering/Project Management • Provide staff augmentation services. • Assist the City in managing small to medium-sized capital projects including the preparation of staff reports, engineering studies, project planning and coordination with other agencies and utilities. • Assist the City in acquiring the necessary approvals from Caltrans Local Assistance Division on federally-funded projects including preparation of forms and documents to acquire project E-76 approval to construct, and/or approvals from other funding agencies including the Alameda County Transportation Commission and Metropolitan Transportation Commission. • Assist the City in managing consultant work including signing, traffic handling and stage construction, landscaping, utility undergrounding, irrigation and roadway lighting. • Assist the City in managing the construction of small to medium-sized projects including advertisement of projects, response to request for information, review of bids, award of contract, project accounting, and closeout. • Perform topographic surveys for the design of capital projects. • Perform utility research and coordination with utility companies. • Perform base mapping of capital projects. • Prepare baseline project design schedule using critical path method and update schedule as necessary. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit A – Page 3 of 4 • Prepare all necessary project environmental documents or manage environmental sub -consultants work and implement the environmental mitigation measures in the design of the project. • Prepare applications for and assist the City to obtain the necessary permits and approvals from appropriate agencies. • Perform or manage sub-consultants in the preparation of geotechnical services required on projects, including determination of soil “R” values, pavement structural section, and other required soil characteristics for design of structures. • Prepare preliminary design of projects and alternative design studies, as required. • Perform right-of-way engineering including right-of-way base map, exhibits, plats and descriptions. • As necessary, manage sub-consultants’ work in preparing appraisal reports and right-of-way acquisition. • Perform project design at the 35%, 65%, 95% and 100% levels including cost estimates, as required by the City. • Prepare Storm Water Quality and Erosion Control plans in compliance with the latest requirements of the California Regional Water Control Board, San Francisco Bay Area region. • Prepare final engineering cost estimates and contract bid documents based on the latest bid item unit costs, Caltrans 2015 Specifications and Standard Plans, and federal requirements on federally-funded projects. • Provide design support services during construction and prepare final record of dra wings based on as- built drawings provided by the City. Development Review • Provide staff augmentation services. • Serve as engineering project manager and primary engineering reviewer for a wide variety of land development, subdivision, encroachment permit, and building permit applications. • Review and manage multiple land development, subdivision, encroachment permit, and building permit applications from initial planning application or entitlement through issuance of permit for construction or improvement plan and final map approval, construction, and final sign-off of improvements and warranty release. • Review, analyze, and develop conditions of approval for various planning entitlement applications such as Tentative Maps, Site Development Reviews and Conditional Use Permits. • Review various encroachment permit applications, including small cell site applications, and building permit applications. • Review parcel maps, final maps, tract improvement plans, grading plans, street improvement plans, plot plans and building permit plans for conformance with City and State regulations and engineering standards of practice, including ADA and accessibility requirements. • Review plans and documents for conformance with the requirements of the RWQCB NDPES Municipal Regional Permit (MRP), including but not limited to: ▪ Low impact development. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit A – Page 4 of 4 ▪ Source control. ▪ Design of storm water treatment measures and sizing calculations. ▪ Hydromodification standards and the use of BAHM software to both design and review detention and metering devices. ▪ Trash capture. ▪ Stormwater Management Maintenance Agreements. • Work collaboratively with Public Works Staff and other City departments such as Planning, Building, Fire and Environmental Services during the review process. • Coordinate the review and approval process with outside agencies such as Dublin San Ramon Services District, Zone 7 and Alameda County. • Correspond directly with applicants and their design teams. • Attend meetings with applicants and Staff and conduct various other duties at City Hall in order to efficiently coordinate project reviews with City Staff. • Write memorandums summarizing plan review comments for transmittal to applicants. • Write staff reports for City Council meetings. • Prepare agreements including long term encroachment ag reements, stormwater operations & maintenance agreements and subdivision improvement agreements. • Administer surety bonds associated with various agreements. • Prepare grant deeds, grants of easement or certificates of acceptance documents and review of associated plat maps and legal descriptions. Perform field inspections of projects under construction , in support of Public Works inspection staff/consultants. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit B – Page 1 of 2 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Hourly Rates for FY 2018-2019* Hourly rate includes all overhead costs, including reimbursables. Subconsultants shall be billed at cost plus ten percent, as identified as part of the budget within each Task Order, which is subject to City approval. *All rates subject to increase as approved by the City Engineer, or their designee. Consultant must submit all rate increase requests by June 1st of each year. Rate increases shall not exceed Annual San Francisco- Oakland-Hayward Consumer Price Index for All Urban Consumers (CPI -U). Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit B – Page 2 of 2 Invoicing Requirements All invoices shall be sent to City electronically, to the following email address: PWaccounting@dublin.ca.gov and shall be sent to the attention of Accounting Staff. Each attached invoice shall identify the assigned project manager, a contact for firm’s accounting representative, as well as the City project manager requesting the completed work. Invoices shall be termed from the first of the month, through the end of the month, and shall be su bmitted within sixty days of completion of each month, with the exception of invoices for the months of May and June. May and June invoices, as well as all other outstanding invoices, shall be due by July 15th of that year. Invoicing shall follow the following procedures: CIP projects are to be billed individually, on separate invoices, referencing the project number as assigned by Project Manager. Development Review and related Inspections shall be billed in one invoice, with Finance Control Number (FCN) identification listed for work completed. FCN numbers will be provided to Consultant by City Staff at the time of assignment. Reports shall be included each month with invoices for the purpose of tracking hours, both by project and by individual employee. This report shall detail daily hours completed, by project and by employee, as well as monthly totals. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit C – Page 1 of 1 EXHIBIT C INDEMNIFICATION A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, d uring and after completion of Consultant’s work under this Agreement. B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault. C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City. D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault . Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit C – Page 1 of 1 EXHIBIT D CONFLICT OF INTEREST LIST DKS Associates, Inc. has no current conflicts of interest with regard to services to be provided and will comply with the Conflict of Interest Statement stated in the RFQ. Terry Klim, Principal Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit E – Page 1 of 3 EXHIBIT E PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the p rovisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performanc e of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit E – Page 2 of 3 prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: 1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records. 3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declar ation that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit E – Page 3 of 3 Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 2947128.1 Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves X Other Account Amount Account Amount Staff Salaries & Benefits (ST0317.9100.9101)$20,000 Contract Services - General (ST0317.9200.9201)$86,250 Improvements - Not Buildings (ST0317.9400.9401)$520,000 3600.9601.49999 (Transfers In)$626,250 ST0317.2204 (2204.9601.89101) - Measure B Local Street Fund - Transfers Out $159,035 ST0317.2205 (2205.9601.89101) - Measure B Bike & Ped Fund - Transfers Out 46,114.22 ST0317.2214 (2214.9601.89101) - Measure BB Local Street Fund - Transfers Out 84,559.58 ST0317.2215 (2215.9601.89101) - Measure BB Bike & Ped Fund - Transfers Out 103,541.47 ST0317.2302 (2302.9601.89101) - MeasureD Fund - Transfers Out 40,000.00 193,000.00 12/4/2018 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN REASON FOR BUDGET CHANGE FISCAL YEAR 2018-19 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT City Council's Approval Required EXP: AVB Wildw ood & Stage Coach Intersection Improvements (ST0317) Additional design and construction costs. ST0317.1001 (1001.9601.89101) - General Fund (Designated Reserve for Municipal Regional Permit) - Transfers Out \\cc-uem\users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\4068 1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GEOSYNTEC CONSTULTANTS, INC. This Agreement is made and entered into between the City of Dublin ("City") and Geosyntec Consultants, Inc. (“Consultant”) as of January 10, 2017 (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 August 31, 2017, 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 substantial, first-class 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 $85,000.00, 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 2 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. RESERVED 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. 3 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 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 4 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 insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 5 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 $250,000 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. 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. 6 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; 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. 7 Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents 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 any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. 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. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant/Subcontractor’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. 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. 8 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant 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. 9 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 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 included, 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 10 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. 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, 11 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 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: Geosyntec Consultants, Inc. Nancy Bice, Senior Principal 900 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 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 and B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. EXHIBIT A SCOPE OF SERVICES . Exhibit A December 28, 2016 1 EXHIBIT A SCOPE OF SERVICES – City of Dublin Green Infrastructure/ Stormwater Resource Plan Task 1 – Kick-off Meeting As part of Task 1, Geosyntec will conduct a kick-off meeting with the City’s Project Manager to discuss: 1) the goals of the project; 2) proposed methodology to complete the scope; and 3) proposed workflow and schedule. The objectives for the meeting will be to obtain an understanding of the project goals, as well as the available data related to past, current, and planned development projects and any efforts conducted by the City which may contribute to the GI planning effort. Geosyntec will prepare a meeting agenda and handouts for discussion prior to the meeting. Deliverables: Kick-off meeting with meeting agenda and handouts. Task 2 – Develop GI Analyses Methodology and Data Needs Memorandum Following the discussion with the City regarding data availability and analyses methodologies in the kick-off meeting, Geosyntec will develop a memorandum to describe the analyses methodologies that will be used to: 1. Estimate the total impervious area needed to meet the City’s portion of the load reductions required by the MRP using GI (e.g., 0.7 grams per year by 2020 and 18 grams per year by 2040 for PCBs); 2. Identify existing public and private development projects (MRP 1.0 C.3 projects), current public and private development projects (MRP 2.0 C.3 projects), and potential future private development projects (2020 – 2040); 3. Estimate the public impervious retrofit area needed to meet the City’s portion of the PCBs and mercury load reductions, if needed based on the C.3 project analysis; and 4. Identify potential public parcel-based and regional project locations. The methodology to identify the public impervious area targets (#3) and potential GI retrofit locations is anticipated to entail a combination of GIS analyses and load reduction calculation. Public Impervious Area Targets for Retrofit or Redevelopment During the kick-off meeting, Geosyntec will discuss with the City how best to incorporate the spreadsheet tool developed for ACCWP member agencies (distributed in August 2016) to quantify the area of impervious surface that must receive GI stormwater treatment to meet the TMDL wasteload allocations in the MRP. The method for establishing public impervious area targets is proposed to entail identification of two estimates of retrofit and/or redevelopment area: 1. Approximating the total area needed to be redeveloped or retrofit to meet the load reduction targets for years 2020 and 2040 by land use category (i.e., 28 Exhibit A December 28, 2016 2 acres of Old Urban area would meet the City’s PCBs-related GI requirement for 2020 and 681 acres would be required by 2040 per the spreadsheet tool default inputs). 2. Identifying the public and private parcels or areas that could feasibly be retrofitted or redeveloped by 2020, 2030, and 2040. Identifying the area needed from a load-reduction perspective can be answered by utilizing the ACCWP GI Implementation Tool. Any approach will entail identification of all C.3 projects that are currently or will be implemented in the City and an estimation of the extent to which C.3 projects could be implemented by 2040. Geosyntec will discuss with the City the best approach to understand what data are available to identify specific parcels or areas that could be subject to C.3 requirements during the kick-off meeting. Once the load reduction associated with the C.3 projects has been calculated, the difference between the required load reduction and the C.3 load reduction can be used to calculate the required retrofit area. The total area feasibly retrofitted or redeveloped, from a total available area and cost perspective, will be discussed with the City during the kick-off meeting, and a method to identify this total area will be established in the memorandum. This method may include a cost-based analysis along with other data gathering steps. The cost-based analysis method is anticipated to be either qualitative or on a planning level, using rough approximations for cost/acre/year. The methodology for this total area analysis will be discussed during the kick-off meeting and documented in the memorandum. The analyses will be carried out as part of Task 3. Public Retrofit Projects and Regional Projects for MRP Term 2.0 The approach proposed to identify potential regional or public GI retrofit project locations is anticipated to entail a detailed GIS desktop analyses used to identify specific parcels or locations for regional facilities within the City for GI retrofit project opportunities. ACCWP is developing an online GIS Tool that could be used to identify and prioritize opportunities for C.3.j projects. This GIS Tool, if available in time, will be used in combination with any other desktop analyses conducted as part of this task. At the project kick-off meeting, Geosyntec will discuss how to best incorporate this GIS Tool into the analysis or alternatives if the Tool is not available in time for this project. It is anticipated that the GIS analyses will use specific characteristics of parcels to screen for feasible project locations. Parcel data will be obtained from the City or other publicly available sources. Geosyntec will also utilize this approach to evaluate opportunities for installing regional controls (i.e., facilities that treat drainage from multiple parcels), potentially in combination with existing flood control basins, if present. Exhibit A December 28, 2016 3 The GI retrofit sites identified as potentially feasible through the GIS analysis can then be analyzed in terms of potential for reduction of POC loads and runoff volume for the area tributary to each potential retrofit location. The evaluation will be based on a hydrologic budget combined with land use-based pollutant loading. Ideal locations are those where GI control measures could be installed that can treat higher pollutant- loading land uses, such as old industrial and old urban, as well as those that can retain and/or treat as much runoff onsite from the target design storm as is feasible using infiltration and evapotranspiration. The approach to identifying public retrofit project sites and regional project sites will be documented in the memorandum produced as part of this Task, and carried out as part of Task 4. Memorandum Based on discussions with the City during the kick-off meeting, Geosyntec will document the proposed approach to conducting the two main analyses identified (i.e. calculating total area targets, and identifying public GI retrofit and regional project locations) in a technical memorandum. The memorandum will be provided to the City in draft form for review, and a conference call will be set following City review to discuss any major questions or revisions the City may have. This memorandum will also be revised as needed and incorporated into the final Project Documentation as part of Task 6. The memorandum will serve to guide the analyses conducted as part of Tasks 3 and 4. Data Needs An initial data needs document will be sent to the City as an attachment to the draft Memorandum. The initial data needs will be based on the discussions with the City and the content in the draft memorandum; however, it will be updated as needed based on comments received from the City and changes incorporated into a final Data Needs request. The GIS files required to conduct the analyses are anticipated to include land use, existing stormwater and flood control infrastructure, parcel ownership, tributary information, and available information regarding site constraints, such as geotechnical hazards, groundwater contamination, underground utilities, or other data. Any of this information contained within the ACCWP GIS Tool provided is not anticipated to be requested from the City. Deliverables: Draft GI Analyses Methodology Memorandum, Initial Data Needs request, Conference Call, Final Data Needs request. Task 3 – Identify Public Impervious Area Targets for Retrofit or Redevelopment Utilizing the data, ACCWP spreadsheet tool, and methodology documented in the GI Analyses Methodology Memorandum, the targets for public impervious surfaces to be Exhibit A December 28, 2016 4 retrofitted or redeveloped by 2020, 2030, and 2040, as connected to mercury and PCB load reduction requirements in MRP Provisions C.11 and C.12 will be calculated. The result of these analyses are anticipated to provide an estimation of the total area needed to be retrofit or redeveloped as well as the total area feasibly retrofit or redeveloped by the target dates. The area targets will be summarized in a table and planning level map and shared with the City. Deliverables: Target area calculation result table, planning level map. Task 4 – Identify Retrofit Projects and Regional Projects Utilizing the methodology summarized in the GI Analyses Methodology Memorandum, ACCWP GIS Tool (if available), and data provided by the City, public and private GI retrofit projects and potential regional project locations will be identified. Prior to initiating the analyses and/or as part of Task 3, Geosyntec will work with the City to identify existing, planned, or potential GI projects that should be included in the prioritization analysis. These identified parcels or regional facility locations will then be prioritized based on their implementation feasibility and load reduction potential, utilizing the approach documented in the GI Analyses Methodology Memorandum. Ideal locations are those where GI BMPs could be installed that can retain and/or treat as much runoff onsite from the target design storm as is feasible using infiltration and evapotranspiration. GI BMPs should also target areas that are comprised of higher pollutant-loading land uses, such as industrial, commercial or transportation land uses. To examine load reduction potential, the methodology described in the GI Analyses Methodology Memorandum will be used along with the ACCWP GIS Tool (if available). It is anticipated that this analyses will include an estimation of the hydrologic volume potentially captured by the proposed site (using available tributary area data) along with the potential pollutant load from adjacent land-uses. Geosyntec’s preliminary analysis of land use data shows that there are less than 9.8 acres of Old Industrial land uses within the City; however, there are approximately 2,058 acres of Old Urban land uses. Geosyntec will also examine locations where opportunistic retrofits could be implemented which may not meet the target design storm volume (due to site conditions/constraints), as allowed by the Draft Framework for GI Plan Development, but could result in some hydrologic or water quality benefits. The results of the prioritized analysis will be delivered to the City in a list of potentially feasible GI project sites, as well as a planning-level map of project locations. The map will indicate the identified site locations, the volume that could be captured based on the hydrologic calculations conducted using available data, the land use types draining to the site locations, and a baseline estimate of load tributary to the sites. Following delivery, the sites will be discussed with the City to eliminate any sites that are infeasible. Exhibit A December 28, 2016 5 Deliverables: List and map of potential GI project locations, including baseline estimate of tributary load. Task 5 – Cost Analysis and Memorandum Following delivery of the target area calculation list and map, as well as the list and map of potential GI project locations, Geosyntec will schedule an in-person meeting or conference call with the City of Dublin to discuss the best approach for developing a cost estimate for implementing the GI Plan, including O&M of GI projects. At this time, cost data needs will also be discussed and/or delivered to the City. Geosyntec will utilize cost data provided by the City as well as available cost data obtained from other regions that have implemented GI, including extensive data from Los Angeles County Enhanced Watershed Management Plans, to examine costs. Cost data requested from the City to conduct the analysis is anticipated to include construction costs from GI projects that have been implemented, as well as O&M costs or annual budgets, coupled with estimations of hours spent maintaining GI sites. The City cost data will be extrapolated using cost data from other regions to estimate the planning level costs of implementation of GI over MRP Term 2.0, as well as the time ranges from 2020 to 2030, and 2030 to 2040. The cost data will be documented in a short memorandum along with a summary of the calculation approach. Deliverables: In-person cost discussion meeting and data needs; Cost Analysis Memorandum including estimated costs for implementation and description of calculation approach. Task 6 – Modification of Countywide Clean Water Program GI Details for City Standards Geosyntec will also meet with the City to discuss changes to the ACCWP GI Details to meet the City Standards. This meeting could take place at the same time as the cost meeting or could be scheduled as a subsequent conference call. Prior to the meeting, Geosyntec will review applicable City Standards (stormwater standards as well as additional standards identified by the City) which could affect the details. Geosyntec will discuss with the City the changes needed for the details and will utilize CAD to make the changes to the files. Draft CAD detail files will be submitted to the City for review and comment. Based on feedback from the City, Final CAD detail drawings (in CAD and pdf) will be submitted to the City. This task assumes that the City or ACCWP will provide Geosyntec with the original CAD files that will be revised. Deliverables: Meeting or conference call to discuss details; Draft GI Details; Final GI Details. Exhibit A December 28, 2016 6 Task 7 – Final Documentation Geosyntec will compile the memoranda, tables, maps, and figures from Tasks 2 through 6 and develop documentation to summarize the project methods and findings. The documentation will be prepared consistent with the format included in the Framework for Green Infrastructure Plan Development (ACCWP, 2016, currently DRAFT) and anticipated planning documents. The documentation developed as part of this scope will be prepared with the intent of being directly utilized in the City’s Green Infrastructure Workplan document. Deliverables: Draft documentation summarizing the project methods, findings, and compiled result figures and tables; final documentation summarizing the methods and findings and compiled result figures and tables. Task 8 – Identify Additional Needs for SWRP As part of Task 8, Geosyntec will review plans and reports relevant to the SWRP prepared for and provided by the City. Then, using a comparison table, the work needed to complete the GI Plan will be compared to the water code requirements for the SWRP to understand the additional analyses and SWRP text that will be needed. A summary of the additional needs for the SWRP will be provided to the City of Dublin for discussion. Based on the requirements above, they are anticipated to include but are not limited to: 1. A more comprehensive summary of City watersheds and the water quality priorities for those watershed (in addition to the TMDL POCs); 2. A summary of Plan consistency or integration with GI Plan and MRP Requirements; 3. Identification of projects which could meet multiple benefits (not just reduction of TMDL POCs), including flooding, water supply, and other environmental and community benefits, using input from stakeholders and an expanded GIS analysis; 4. Prioritization of projects based on a multiple benefit approach (not just reduction of TMDL POCs); 5. Expansion on GI Plan-required implementation strategy and schedule to include additional projects; and 6. Expansion on Education and Outreach. An estimate of effort associated with the development of the SWRP will also be developed and provided to the City. Deliverables: Table comparing SWRP requirements to GI Plan requirements; Estimate of additional effort needed to complete SWRP. Exhibit A December 28, 2016 7 Task 9 – Analysis of Stormwater Capture Project Feasibility For Task 9, Geosyntec will conduct a desktop analysis to examine the feasibility of implementing stormwater capture projects in the City. These include projects that use stormwater and urban runoff as a water supply either directly via surface storage, or indirectly through groundwater recharge. The approach is anticipated to include an analysis of potential stormwater supply sources, as well as an examination of possible integration of stormwater sources to optimize yield, and a planning level investigation of where and how to transport, treat, and store the captured stormwater. Water storage and/or recharge locations are anticipated to be identified using a GIS-based feasibility analysis. Parameters which affect feasibility may include but are not limited to: drainage; parcel ownership; geotechnical constraints; soils and geology; depth to groundwater; transport feasibility; treatment capability; runoff quantities; environmental considerations; community impacts; aesthetic concerns; and others. Feasibility data will be requested and obtained from the City, the ACCWP Tool, or other publicly available sources discussed with the City. Following receipt of data, Geosyntec will conduct an analysis to identify feasible stormwater capture project locations in GIS. Based on the watershed area and imperviousness obtained from available data, an estimate of the total runoff that could be captured in the identified project locations can be calculated. The identified locations will be displayed in a map format and the methodology used to identify the locations (which will be similar to that developed for Task 4), will be summarized in a memorandum. In addition to a map of locations, Geosyntec will include a section in the memorandum which describes example stormwater capture technology, and identify potential project partners that could design, install, and maintain (if needed) the technology. Deliverables: Map of potential stormwater capture locations; memorandum describing methods, potential stormwater capture technologies, and potential project partners. Task 10 – Project Management and Meetings This task provides the overall management of the project. Immediately upon award of the contract, the Geosyntec PM will develop a Project Administration Plan (PAP) based on discussions with the City. This task will also include conference calls and other communications that Geosyntec has with the City that are not specifically called out in tasks above. These are anticipated to include phone meetings that occur as needed for project coordination or to discuss emerging issues that require prompt attention. Deliverables: Project Management; Client Communication. EXHIBIT B COMPENSATION SCHEDULE Exhibit B December 28, 2016 EXHIBIT B COMPENSATION SCHEDULE Project Schedule The project will begin January 11, 2017 and the scope will be completed by July 31, 2017, with an estimated 7-month total duration. Task Anticipated Completion Date 1 – Kickoff Meeting and Prep January 20, 2017 2 – GI Analyses Memo and Data Needs February 28, 2017 3 – Identify Impervious Area Targets February 28, 2017 4 – Identify Projects for MRP Term 2.0 April 30, 2017 5 – Cost Analysis April 30, 2017 7a – draft of Final documentation May 15, 2017 6 – GI Details May 31, 2017 7 – Final Documentation May 31, 2017 8 – Identify Additional Needs for SWRP June 30, 2017 9 – Analysis of Stormwater Capture Project Feasibility July 31, 2017 10 – Project Management July 31, 2017 Project Budget The budget for completion of tasks outlined in the scope of work included as Exhibit A is included in the Table following. A Geosyntec rate schedule is included at the end of this section. Cost estimates are provided on a time and materials basis with a total budget of approximately $85,000. The budget assumes the following: 1. Data needed for the analyses conducted as part of Tasks 3, 4, 5, 8, and 9 will be provided by ACCWP or the City of Dublin unless stated in Exhibit A, in the GI Analyses Methodology Memorandum, or specific discussions with the City that data will be obtained or provided by Geosyntec. 2. There will be no more than two (2) in-person meetings with the City. 3. The Draft ACCWP Framework for GI Plan Development and associated tools will not change to the extent that they would cause substantial changes to the proposed budget. 4. CAD files of details which require modification will be provided by ACCWP or the City to complete Task 6. Exhibit B December 28, 2016 Task Total Labor Cost 3% Communications Fee Total Task Budget 1 - Kickoff Meeting and Prep $1,872 $56 $1,928 2 - GI Analyses Memo and Data Needs $8,914 $267 $9,181 3 - Identify Impervious Area Targets $7,924 $238 $8,162 4 - Identify Public Projects $11,154 $335 $11,489 5 - Cost Analysis and Memo $6,950 $209 $7,159 6 - GI Details $7,626 $229 $7,855 7 - Final Documentation $9,278 $278 $9,556 8 - Identify Additional Needs for SWRP $4,398 $132 $4,530 9 - Analysis of Stormwater Capture Project Feasibility $18,012 $540 $18,552 10 - Project Management $6,372 $191 $6,563 Total Project Budget $82,500 $2,475 $84,975 Attachment A to the Resolution AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GEOYSNTEC CONSULTANTS, INC. WHEREAS, on January 10, 2017, the City of Dublin (hereinafter referred to as "CITY") and Geosyntec Consultants, Inc. (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for Stormwater Resource/Green Infrastructure Plan services (hereinafter referred to as the "AGREEMENT'); and WHEREAS, task one in the AGREEMENT for phase I conceptual development of a Green Infrastructure Work Plan is complete and task two, evaluating the benefits of developing a stormwater resource plan, is pending completion as coordination efforts continue with the Alameda Countywide Clean Water Program and the Zone 7 Water Agency; and WHEREAS, the term of said AGREEMENT expired on August 31, 2017; and WHEREAS, CITY and CONSULTANT now desire to extend the terms of the AGREEMENT an additional fifteen months until December 5, 2018; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to continue green infrastructure planning required under the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit and move forward with development of a functionally equivalent stormwater resource plan required under California Water Code as a condition for receiving state funds for stormwater and dry weather runoff capture projects; and WHEREAS, the compensation schedule of the CONSULTANT has been updated to reflect 2017 compensation rates; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $85,000 to a not-to-exceed amount of 192,000. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Extension of Term: The AGREEMENT is amended to extend the termination date to December 5, 2018. 2) Revised Exhibit A: Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 3) Revised Exhibit B: Exhibit B (Compensation Schedule) of the AGREEMENT is amended per the attached. 4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated. By: Chris opher L. Fo ty Manager ATTEST: By: Caroline Soto, City Clerk Geosyntec Consultants, Inc. Dated: g . 5 Zo By: Nancy Bice, Vice resident August 2017 EXHIBIT A SCOPE OF SERVICES-City of Dublin Green Infrastructure/Stormwater Resource Plan Contract Amendment Current Contract: The tasks not completed for the current contract include: Task 9-Analysis of Stormwater Capture Project Feasibility, and Task 10-Project Management. Geosyntec has not performed the desktop analysis to examine the feasibility of implementing stormwater capture projects in the City, as this analysis is anticipated to be partially conducted through parallel efforts by the Alameda County Clean Water Program (ACCWP) and the EPA grant-funded SFEI "Preparing for the Storm" project. Once the extent of other efforts is known, Geosyntec will perform additional analyses needed to complete the stormwater capture feasibility tasks and associated project management for the City of Dublin as part of this amended contract. Amended Contract Tasks Tasks to be performed under the amended contract are summarized following. Tasks are numbered 11 - 20 to distinguish tasks from the previous contract. Tasks 18 - 20 are considered optional at this time and will be performed if directed by the City of Dublin. Task 11: PCBs Source Property Referrals and Self-Abatement Reports Geosyntec will assist the City of Dublin in completing a PCBs source property referral process or self-abatement report for up to three sites. Geosyntec will utilize information from City of Dublin to complete the source property referral form for each source property. Geosyntec will conduct one site visit to each referral site to investigate the need and options for enhanced operations and maintenance measures associated with the source property referral. Geosyntec will discuss the options for enhanced operations and maintenance prior to completing the referral form. Geosyntec will participate on conference calls with the San Francisco Bay Regional Water Quality Control Board as needed to discuss the site referral. For self-abatement reports, Geosyntec will gather information that is available on the site from the City of Dublin and publicly-available data to complete the Self-Abatement Report form. Assumptions: No monitoring will be conducted by Geosyntec. City staff will accompany Geosyntec staff to assess the need and options for enhanced operations and maintenance measures at each referral site. Assumes an average of 10 labor hours per site. Deliverables: One draft and one final source property referral form or self-abatement report for up to three sites. August 2017 Task 12: Alternative Compliance Program Assistance Geosyntec will assist the City of Dublin to develop an Alternative Compliance Program. As part of this task, Geosyntec will prepare a short handbook to describe the Alternative Compliance Program. The handbook will include: 1. A summary of the types of projects eligible for Alternative Compliance and a description of the MRP requirements, including time frames. 2. Development of a formula to calculate In-Lieu fees. 3. A flow chart describing the process to demonstrate Alternative Compliance, either through Option 1 (LID Treatment at an Offsite Location) or Option 2 (Payment of In-Lieu fees). 4. Text accompanying the flow chart to describe the Alternative Compliance steps in additional detail. 5. Two worksheets—one used to demonstrate Alternative Compliance through Option 1; one used to demonstrate Alternative Compliance through Option 2 and calculate the required In-Lieu fees. 6. A glossary of the relevant terms. Assumptions: Geosyntec will conduct two (2) phone calls with City of Dublin to discuss the Alternative Compliance program (one prior to development of the handbook; one following City of Dublin review of the draft handbook). Deliverables: One draft and one final City of Dublin Alternative Compliance Program Handbook. Task 13: Research Community-based Public-Private Partnerships and Options for Dublin Geosyntec will conduct research to identify potential public-private partnership options for the City of Dublin and will prepare a brief (two-page) memo to describe findings. Assumptions: A total of 10 labor hours will be spent researching and summarizing public-private partnership options. Deliverable: Brief memorandum describing available public-private partnership options for City of Dublin. Task 14: Develop Source Control Typical Details Geosyntec will prepare up to four (4) details for the City of Dublin, including three (3) source control figures and one (1) detail for a bioretention area located in a median. Geosyntec will utilize existing CAD figure linework (to the extent possible) to develop the bioretention area detail. Geosyntec will utilize images displaying source controls from manuals including the CASQA BMP Handbooks to develop source control details. August 2017 Assumptions: There are no existing CAD files that are available to develop the three simple source control details. Geosyntec will conduct up to two (2) phone calls with City of Dublin to discuss the details. Geosyntec will provide two (2) sets of revisions of the draft figures. Deliverables: Draft and final details for three (3) source control measures and one (1) bioretention area located in a median. Task 15: Conceptual Plans for Green Infrastructure for Capital Improvement Plan Projects Geosyntec will review up to six (6) Capital Improvement Plan (CIP) projects provided by the City of Dublin for feasibility for implementation of green infrastructure as part of the CIP project. Geosyntec will conduct the feasibility assessment using a combination of desktop and visual field review. Geosyntec will prepare a brief memo describing the findings of the feasibility assessment, including a photo log as applicable. For those CIP projects that are found to be feasible, Geosyntec will size and site green infrastructure measures for inclusion in the CIP project. Geosyntec will prepare conceptual designs for the green infrastructure component (i.e., 10% designs) for the selected projects. Conceptual designs will include a plan-view aerial or layout provided by the City of Dublin) of the project, and will identify stormwater drainage areas, flow direction (as observed visually in the field and identified through available topography data), locations for green infrastructure sized per the MRP requirements, and locations of green infrastructure outlet tie-ins to the storm drain system. The City of Dublin standard green infrastructure detail(s) best suited for the project (if applicable) will be identified and attached to the conceptual design plan layout. Geosyntec will also conduct cost estimates for each of the conceptual designs developed, including a life cycle assessment. Geosyntec will prepare a brief memo to describe the method and findings of the cost estimates. Assumptions: Geosyntec will conduct one (1) full day field visit to visually examine all the selected CIP project sites (up to six (6) sites). Feasibility will be based on a desktop review of sites using available GIS data, as well as the visual assessment in the field. The conceptual design task will not include more intensive field assessment, including but not limited to: surveying, borings, or infiltration testing, although these services can be provided with additional scope and budget. Cost estimates will be developed using standard assumptions for material type and quantity, labor, construction, and operations and maintenance. Life cycle costs will be developed using City of Dublin's Autocase software license, or using an equivalent spreadsheet method developed by Geosyntec. August 2017 Geosyntec will conduct up to one (1) in person meeting and two (2) phone calls to discuss the task and findings. Deliverables: Draft and Final brief (3-4 page) memo, with photo log, describing feasibility findings for each of the sites. Draft and Final 10% concept designs for up to six (6) projects, with City of Dublin green infrastructure details attached. Cost estimates, including life cycle costs, for up to six (6) projects, and brief (2 page) memo describing methods and summarizing results. Task 16: Provide Stormwater Resource Plan Coordination Assistance Geosyntec will provide coordination assistance with the CWP and Zone 7 on SWRP efforts. This is anticipated to include review of: 1. The Zone 7 Stream Management Master Plan; 2. EPA Grant Funded "Preparing for the Storm" Revised Scope; and 3. ACCWP SWRP task scopes and/or summaries. This is also anticipated to include up to four(4) hour long phone calls with Zone 7, SFEI, ACCWP, and/or the City of Dublin to discuss the SWRP related efforts. Geosyntec will provide relevant materials developed as part of the City of Dublin GI Plan/SWRP scope to Zone 7, ACCWP, and SFEI if needed for their SWRP planning efforts. Geosyntec will provide e-mail summaries to City of Dublin following review of the aforementioned materials, as well as after phone calls conducted. Assumptions: A total of 15 labor hours will be spent on this task. Task 17: Project Management for Tasks 1-6 Geosyntec will provide project management for Tasks 11-16, including task coordination, brief phone calls and e-mail communication with City of Dublin, invoicing, and other administrative tasks. Optional Tasks Task 18: Prop 1 Implementation Grant Application Assistance Geosyntec will assist the City of Dublin with the development of a Prop 1 Implementation Grant Application. The budget for this task assumes the following distribution of work between Geosyntec and the City of Dublin for the sections of the Application (per the Implementation Proposal Application components listed in the Proposition 1 Storm Water Grant Program Guidelines (State Water Resources Control Board, 2015)): August 2017 Section Lead Notes A. Program Selection & Geosyntec can provide General General FAAST Information/ City of Dublin Information about the project to Attachment 1 the City for entry to FAAST B.1. Eligibility Requirements/ City of Dublin City will complete eligibility Attachment 1 require ents for project B.2. Workplan, including figures/ Geosyntec Geosyntec will complete Attachment 2 work Ian and figures City of Dublin will provide input B.3. Budget/Attachment 4 Geosyntec on budget and provide matching cost information City of Dublin will provide input B.4. Schedule/Attachment 5 Geosyntec on construction timelines based on past construction and City scheduling information B.5. Monitoring, Assessment, Geosyntec will complete and Performance Measures/Geosyntec monitoring section and Attachment 7 erformance measures table B.6. Multiple Benefits/ Geosyntec will prepare a table Attachment 8 Geosyntec depicting the quantifiable benefit over the lifetime of the project Geosyntec will provide language B.7. DAC/EDA Benefits/ City of Dublin related to benefits to DAC/EDA Attachment 11 (if applicable) based on project information Question 20.e of application) City of Dublin will identify the Attachment 3: Resumes Geosyntec/City of Dublin individuals working on the technical advisory and planning team for the project Attachment 6: Environmental City of Dublin will provide all Clearance Checklist&CEQA City of Dublin available environmental and Documentation CEQA documents Attachment 9: Technical Report City of Dublin will provide the Summary Geosyntec technical reports relevant for project Assumptions: City of Dublin will lead the application components included in the table above and provide input for the Geosyntec-led components as described. Geosyntec will perform one (1) field visit for additional visual assessment and photographs, as needed. Geosyntec will not perform more intensive field assessment, including but not limited to: surveying, borings, or infiltration testing, although these services can be provided with additional scope and budget. Geosyntec will not develop design documents for the application (unless conducted as part of Task 15), although this can be provided with additional scope and budget. City of Dublin will identify sources and amounts of grant match costs. August 2017 City of Dublin will provide input on typical construction timelines based on past construction and City permitting/inspection scheduling information. This task does not include the completion of an Environmental Clearance Checklist CEQA Documentation. Deliverables: Draft and Final completed Grant Application Package (pulling together portions completed by Geosyntec and City of Dublin), ready for upload to the FAAST website. Task 19: Stormwater Resources Plan or Functionally Equivalent Plan Preparation Geosyntec will prepare sections of a watershed-scale Stormwater Resource Plan or Functionally Equivalent Plan that includes the City of Dublin. Geosyntec assistance on the Plan will include coordination and identification of data and information for City of Dublin staff, as well as completion of analyses and writing. The delineation of work for this task is based on the Functionally Equivalent Plan Template Elements table revised by Shannan Young (City of Dublin) (i.e., "CWP Functionally- Eq uivalent_Plan_Template_Elements_DRAFT SY.docx", sent 9 August 2017). Portions of the plan led by Geosyntec are summarized below: Summarize applicable permits and waste discharge requirements, and how the plan meets these requirements (water code 10562(b)(6), guidelines section V). Prepare a description of discussions with applicable NGOs and local agencies regarding the Plan (water code 10565(a), Section VI.B), and follow Stakeholder Outreach Plan to conduct discussions. Identify decisions made by local, state, or regulatory agencies needed to implement and coordinate plan (Section VI.B). Develop methodology to conduct the metrics-based evaluation for identified projects, conduct the evaluation for all projects using information obtained through GIS desktop analysis, and summarize the evaluation and results. Results will also be summarized in a database format (Section VI.C). Develop methodology to identify and prioritize projects (anticipated to be heavily integrated with the metrics-based evaluation method). Use methodology to identify projects within the City boundary, and prioritize the projects using the results of the metrics-based evaluation and input from the City (Section VI.D). Geosyntec will summarize the results of the prioritization. Summarize how projects are identified to ensure effective implementation of the Stormwater Resource Plan and achieve multiple benefits, and Identify development of appropriate decision support tools (water code 10562(d)(8), Section VI.E). August 2017 Deliverables: Sections of SWRP or Functionally Equivalent Plan as summarized above and in CWP Functionally-Equivalent_Plan_Template_Elements_DRAFT SY.docx", sent 9 August 2017. Task 20: Project Management for Tasks 18-19 Geosyntec will provide project management for Tasks 18-19, including task coordination, brief phone calls and e-mail communication with City of Dublin, invoicing, and other administrative tasks. August 2017 EXHIBIT B COMPENSATION SCHEDULE-City of Dublin Green Infrastructure/Stormwater Resource Plan Contract Amendment Project Schedule The project will begin September 1, 2017, with an estimated 15-month total duration. Anticipated Task Completion Date 11 — PCB Source Property Referrals December 5, 2018 12—Alternative Compliance Program Assistance March, 2018 13— Research Community-based Public-Private Partnerships and Options for Dublin March, 2018 14— Develop Source Control Typical Details December 31, 2017 15—Conceptual Plans for Green Infrastructure for Capital Improvement Plan Projects June 30, 2018 16— Provide Stormwater Resource Plan Coordination Assistance December 31, 2017 17— Project Management for Tasks 1-6 December 5, 2018 18— Prop 1 Implementation Grant Application Assistance December 5, 2018 19—SWRP or Functionally Equivalent Plan Preparation September 1, 2018 20—Project Management for Tasks 8-9 December 5, 2018 Project Budget: The total budget remaining from the previous contract is $12,720. This is summarized in the table below. The budget to complete the Tasks identified for the August 2017 Contract Amendment is provided below. The total estimated cost for Tasks 11-17 is $55,000, and the total estimated costs for Tasks 18-20 is $52,000 (for a total of $107,000). The assumptions used to develop these budget estimates are provided in-line in Exhibit A. Task Total Task Budget Includes 3% Communications Fee for Labor) 9-Analysis of Stormwater Capture Project Feasibility 12,220' 10— Project Management 500' Total Remaining Budget for Tasks 9-10 12,720' 11 —PCB Source Property Referrals 6,300 12—Alternative Compliance Program Assistance 8,400 August 2017 Task Total Task Budget Includes 3% Communications Fee for Labor) 13— Research Community-based Public-Private 2,200 Partnerships and Options for Dublin 14— Develop Source Control Typical Details 9,300 15—Conceptual Plans for Green Infrastructure for 20,000 Capital Improvement Plan Projects 16— Provide Stormwater Resource Plan Coordination 3,600 Assistance 17— Project Management for Tasks 11-16 5,200 Total Budget for Tasks 11-17 55,000 18— Prop 1 Implementation Grant Application Assistance 22,000 19—SWRP or Functionally Equivalent Plan Preparation 25,000 20— Project Management for Tasks 18-19 5,000 Total Project Budget(Tasks 11 -20) 107,000 1 Remaining budget as of 8/13/17. August 2017 Detailed Budget for City of Dublin Green Infrastructure/Stormwater Resource Plan Contract Amendment Total Communi Task Principal Senior Professional Senior Staff Project Clerical Total Labor - cations Total Rounded Professional Professional Admin Hours Budget Fee(3% Total of Labor) Rate $250 225 175 150 80 $55 Task 11: PCB Source 3 18 9 30 $6,150 $184 $6,335 $6,300 Property Referrals Task 12:Alternative Compliance Program 4 8 12 20 4 48 $8,120 $244 $8,364 $8,400 Assistance Task 13: Research Community-based Public-Private 2 4 4 10 $2,100 63 2,163 $2,200 Partnerships and Options for Dublin Task 14: Develop Source Control Typical 2 6 48 56 $9,050 $272 $9,322 $9,300 Details Task 15:Conceptual Plans for Green Infrastructure for 4 24 16 68 112 $19,400 $582 $19,982 $20,000 Capital Improvement Plan Projects Task 16: Provide Stormwater Resource 3 12 15 $3,450 $104 $3,554 $3,600 Plan Coordination Assistance Task 17: Project Management for 2 16 12 30 $5,060 $151 $5,212 $5,200 Tasks 11-16 Total(Tasks 11-17) 53,330 $1,600 $54,930 $55,000 August 2017 Total Communi Task Principal Senior Professional Senior Staff Project Clerical Total Labor - cations Total Rounded Professional Professional Admin Hours Budget Fee(3% Total' of Labor) Task 18(Optional): Prop 1 g 40 24 40 4 116 $21,420 $643 $22,063 $22,000 Implementation Grant Application Assistance Task 19(Optional): SWRP, or Functionally 8 35 30 60 2 135 $24,235 $727 $24,962 $25,000 Equivalent Plan Preparation Task 20(Optional): Project Management 2 18 4 24 $4,870 $146 $5,016 $5,000 for Tasks 18-19 Total(all Tasks) 103,855 $3,116 $106,971 $107,000 1 Included in budget request summary above. August 2017 GEOSYNTEC CONSULTANTS RATE SCHEDULE Rate/Hour Staff Professional 130 Senior Staff Professional 150 Professional 175 Project Professional 200 Senior Professional 225 Principal 250 Senior Principal 275 Engineering Technician 1 80 Engineering Technician 11 85 Senior Engineering Technician 1 95 Senior Engineering Technician II 100 Site Manager 1 105 Site Manager 11 115 Construction Manager 1 125 Construction Manager II 135 Designer 140 Senior Drafter/Senior CADD Operator 125 Drafter/CADD Operator/Artist 115 Project Administrator 80 Clerical 55 Direct Expenses Cost plus 12% Subcontract Services Cost plus 15% Technology/Communications Fee 3%of Professional Fees Specialized Computer Applications(per hour) 24 Personal Automobile(per mile) Current Gov't Rate Photocopies(per page) 10 Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer Price Indexfor Engineering Services. Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. RESOLUTION NO. xx-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT WITH GEOSYNTEC CONSULTANTS, INC. FOR GREEN INFRASTRUCTURE PLANNING AND STORMWATER RESOURCE PLAN EVALUATION WHEREAS, the City of Dublin (“City”) entered into an Agreement with Geosyntec Consultants, Inc (“Consultant”) on January 10, 2017 to conduct Green Infrastructure Planning and Stormwater Resource Plan Evaluation (“Agreement”); and WHEREAS, on September 5, 2017 the City and Consultant amended the Agreement to add scope, budget, and extend the contract term to December 5, 2018 ; and WHEREAS, the City and Consultant mutually desire to amend the Agreement to increase the scope, increase the compensation, and extend the term to June 30, 2020; and WHEREAS, funding has been included in the Fiscal Year 2018-2019 budget to cover the increased compensation of $157,000. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does hereby approve Amendment #2 to the Consulting Services Agreement between the City of Dublin and Geosyntec Consultants, Inc. attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute Amendment #2 to the Agreement. PASSED, APPROVED AND ADOPTED this 4th day of December 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ Mayor ATTEST: _______________________________________ City Clerk Exhibit A to the Resolution AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GEOSYNTEC CONSULTANTS, INC. WHEREAS, on January 10, 2017, the City of Dublin (hereinafter referred to as "CITY") and Geosyntec Consultants, Inc. (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for Green Infrastructure Planning and Stormwater Resource Plan Evaluation services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, on September 5, 2017 the CITY and CONSULTANT amended the AGREEMENT to add scope, budget and extend the contract term to December 5, 2018; and WHEREAS, the CITY and CONSULTANT now desire to amend the AGREEMENT to continue green infrastructure planning required under the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit and extend the terms of the AGREEMENT to June 30, 2020; and WHEREAS, the compensation schedule of the CONSULTANT has been updated to reflect 2018 compensation rates; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $192,000 to a not-to-exceed amount of $349,000. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Extension of Term: The AGREEMENT is amended to extend the termination date to June 30, 2020. 2) Revised Exhibit A: Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 3) Revised Exhibit B: Exhibit B (Compensation Schedule) of the AGREEMENT is amended per the attached. 4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. December 2018 CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk Geosyntec Consultants, Inc. Dated: By: _____________________________ Nancy Bice, Vice President December 2018 EXHIBIT A SCOPE OF SERVICES – City of Dublin Green Infrastructure/ Stormwater Resource Plan Contract Amendment #2 Current Contract: The estimated current contract budget as of 12/01/2018 is $25,000. The amount needed for each task to be conducted between 12/01/2018 and 06/30/2020 are provided in the “Project Budget” section of this Amendment. The current contract remaining budget is subtracted from the total additional amount requested in the budget summary. Contract Amendment #2 Tasks have been numbered 1 through 7. Contract Amendment #2 Tasks Task 1: GI Plan Assistance and Project Multi-Benefit Evaluation Geosyntec will provide assistance with portions of the City of Dublin’s GI Plan. Specifically, Geosyntec will finalize the project opportunity list and map included in the GI Plan and will assist in documenting a multi-benefit evaluation of select green infrastructure project sites. These multi-benefits are assumed to include, but are not limited to, reducing heat island effect, reducing GHG emissions through carbon sequestration, decreasing flood risk, and other multi- benefits. The evaluation will be completed by the City using the Autocase for Sites triple bottom line tool. Deliverables: Final GI Plan project opportunity list and maps; Multi-benefit Evaluation Results and Final Documentation of grant spreadsheet/scoring Method. Task 2: Green Infrastructure Funding and Financing Strategy Geosyntec will work with the City of Dublin on their GI funding and financing strategy as part of Task 2. This work will build on the City of Dublin Alternative Compliance Program Handbook and Public Private Partnerships White Paper produced for the City as part of Contract Amendment #1. Task 2-a: Brainstorming Roundtable and GI Funding/Financing Strategy Memo The task will begin with a brainstorming roundtable with necessary City staff to identify the GI funding and financing pathways to pursue. It is anticipated that these could include: 1. Development of an alternative compliance/in-lieu fee program; 2. Assessment and development of specific additional financing mechanisms, such as public-private partnerships; and 3. Participation in broader or regional discussions on water quality trading programs. A draft and final GI Funding/Financing Strategy Memo summarizing the brainstorming meeting will be synthesized along with additional information from an internal assessment on funding to document the funding/financing pathways the City intends to pursue. The strategy memo will be used to make up the content for Section 6 of the GI Plan. December 2018 Deliverables: Preparation for and attendance at City GI Funding/Financing Strategy Roundtable; Completion of Draft and Final GI Funding/Financing Strategy Memo. Following the finalization of the GI Funding/Financing Strategy Memo, the identified funding programs will be further developed as part of task 2-b. Task 2-b: Development of Identified GI Funding/Financing Programs Prior to beginning Task 2-b, the specific tasks conducted as part of the task and deliverables produced will be fully scoped and submitted to the City for approval. If determined by the City during Task 2-a that an alternative compliance/in-lieu fee program will be developed, Geosyntec will complete key steps identified in the Alternative Compliance Handbook prepared for the City with an identified team of City staff. The following deliverables would be produced if an Alternative Compliance program is pursued: 1. Assistance in identifying the City’s Alternative Compliance Development Team and up to four in-person meetings with the Team, including agendas and notes. 2. Assistance with selection of the studies to be completed in 2019 and beyond. 3. Development of a roadmap to complete the studies and synthesize the results. 4. Completion of identified studies for 2019. 5. Final report summarizing the findings from the 2019 studies and describing how the findings should be applied to program development. 6. Revised final roadmap, incorporating study findings, with next steps for program development for 2020 and beyond. Additional funding/financing program development tasks conducted as part of this task may include: attending additional inter-departmental City funding/financing meetings; issuing a request for information and/or request for expressions of interest for GI financing options; conducting a debrief/follow up with respondents; drafting a plan for implementation; participating in regional meetings and discussions regarding development of water quality trading; and other tasks. It is assumed that the funding/financing program development steps conducted as part of Task 2-b would not exceed a total effort of $45,000. Task 3: Amador Valley Boulevard Design Drawings and Drainage Calculations Peer Review Geosyntec will peer review 90% and 95% Design Drawings provided by DKS as part of Task 3. Peer review will include: • Review of one set of drainage calculations including detailed delineation of the facility drainage areas to verify that the bioretention areas are sized to achieve 80% average annual runoff capture, or as close as possible given the available footprint area. • Review of one set of 90% plan-view and profile view drawings of each of the two bioretention facilities and details sheets. December 2018 • Review of one set of 95% plan-view and profile view drawings of each of the two bioretention facilities and details sheets. Geosyntec will not provide peer review for structural design of major/special/non-standard structures (such as pedestrian bridges) for this project. Peer review comments will be made directly on drawings and major comments (as applicable) will be provided in a brief e-mail memo. To coordinate the review of the drawings, Geosyntec will participate in up to two conference calls with the City and/or DKS and one-in person meeting. Deliverables: Peer review of 90% and 95% Design Sheet Sets and Drainage Calculations. Task 4: Additional Green Infrastructure Project Design Geosyntec will develop design drawings for additional identified priority green infrastructure project opportunities, as directed by the City and budget available. It is assumed that up to $60,000 of effort would be conducted on a time and materials basis under this task, at the discretion of the City. Details regarding design drawing deliverables that would be produced under this task are provided below. Concept-Level Design Each concept-level design deliverable will include: 1. One to two field visits, along with a desktop-level drainage and feasibility check. 2. Phone calls with the City to coordinate design. 3. Two drafts and one final draft concept package, with GIS/aerial vicinity map, BMP location plan-view map, description and preliminary footprint sizing. 4. Planning-level cost estimate. Concept design package effort is anticipated to range from $7,000 - $10,000 for simpler streetscape type projects and up to $20,000 for complex, multi-party regional projects. Deliverables: Draft and Final Concept Design Package (per project). Thirty Percent and Fifty Percent Design The level of effort needed for development of 30% or 50% design will vary widely depending on the project characteristics. If 30% or further levels of design drawings are desired under this contract, Geosyntec will provide a detailed scope of work for each identified project, which will identify the tasks and deliverables. The detailed scope of work will be developed with the City to identify: 1. Subcontractor needs (e.g., surveying, potholing, etc.); 2. Study needs (e.g., drainage, geotechnical); December 2018 3. Number of sheets (30% would be assumed to include Plan view and typical details; 50% would be assumed to include Plan and Profile view, material specifications, and typical details; further levels of design would also include modified details); and 4. Other design needs (e.g., landscape palette). It is assumed that structural design of major/special/non-standard structures, landscaping, and irrigation plans would not be completed under this task unless conducted by a subcontractor at the direction of the City. Task 5: Regional Project Identification, Coordination, and Grant Application(s) Geosyntec will assist with identification of regional projects for grant application submittal and assistance with grant application(s). Grants may include the Urban Greening Grant, Prop 1 grant, Caltrans bike/ped improvement grant, Cap and trade grants, or other identified grants. Geosyntec will also assist with coordination of regional projects funded by other funding mechanisms, such as Caltrans alternative compliance. Task 5-a: Coordination with other Regional Entities and Identification of Project(s) As part of Task 5-a, Geosyntec will assist the City in identifying regional green infrastructure and/or other multi-benefit projects that could be implemented within the City and/or assist with regional project coordination efforts. It is assumed that no more than $2,000 would be spent on this task on a time and materials basis. Deliverables: Final regional project opportunity maps and/or regional project coordination effort. Task 5-b: Development of Grant Application Following identification of strong candidate project(s), Geosyntec will assist the City in conducting technical analyses in support of grant application(s) developed by the City for the identified project(s). Prior to beginning Task 5-b, the specific tasks conducted as part of the task and deliverables produced will be fully scoped and submitted to the City for approval. As an example of the services provided, if a Prop 1 Implementation Grant is pursued, details regarding the grant application are provided in the following table. Section Lead Notes A. Program Selection & General FAAST Information/ Attachment 1 City of Dublin Geosyntec can provide General Information about the project to the City for entry to FAAST B.1. Eligibility Requirements/ Attachment 1 City of Dublin City will complete eligibility requirements for project B.2. Workplan, including figures/ Attachment 2 City of Dublin Geosyntec will complete workplan and figures as assigned by the City. December 2018 Section Lead Notes B.3. Budget/ Attachment 4 Geosyntec City of Dublin will provide input on budget and provide matching cost information B.4. Schedule/ Attachment 5 City of Dublin Geosyntec will review schedule as a check. B.5. Monitoring, Assessment, and Performance Measures/Attachment 7 Geosyntec Geosyntec will complete monitoring section and performance measures table B.6. Multiple Benefits/ Attachment 8 Geosyntec Geosyntec will prepare a table depicting the quantifiable benefit over the lifetime of the project, using data derived from Task 1 of this 2nd Amendment. B.7. DAC/EDA Benefits/ Attachment 11 (if applicable) Not Applicable Not Applicable Attachment 3: Resumes City of Dublin City of Dublin will identify the individuals working on the technical advisory and planning team for the project Attachment 6: Environmental Clearance Checklist & CEQA Documentation City of Dublin City of Dublin will provide all available environmental and CEQA documents Attachment 9: Technical Report Summary Geosyntec Geosyntec will support the development of technical reports need for the application at the direction of the City of Dublin Assumptions: • City of Dublin will lead the application components included in the table above and provide direction for technical analyses needed from Geosyntec. • Geosyntec will perform one (1) field visit for additional visual assessment and photographs, as needed. • Geosyntec will not perform more intensive field assessment, including but not limited to: surveying, borings, or infiltration testing, although these services can be provided with additional scope and budget. • Geosyntec will not develop design documents for the application (unless conducted as part of Task 4), although this can be provided with additional scope and budget. • City of Dublin will identify sources and amounts of grant match costs. • This task does not include the completion of an Environmental Clearance Checklist & CEQA Documentation. • It is assumed that each grant application will require approximately $25,000 in effort on a time and materials basis. One application has been budgeted for this task. December 2018 Deliverables: Draft and Final Technical analyses, budgets, and work plans, as requested. Task 6: Regulation Managing Priority PCBs-Containing Materials During Building Demolition Projects Assistance Geosyntec will provide technical assistance to the City related to the adoption of an ordinance, resolution, or other regulatory mechanism for managing PCBs-containing materials during building demolition. Analyses will include an estimate of the number of applicable structures within the City, and other tasks at the direction of the City as budget is available. Applicable structures are defined as structures built or remodeled from January 1, 1950 to December 1, 1980, with remodeling, partial building, wood framed structure, and single-family residence demolition projects being exempt. Deliverables: Spreadsheet deliverable including details regarding the estimated applicable structures within the City; Other related technical analyses as directed by the City, up to a total task budget of $5,000. Task 7: Project Management for Tasks 1-6 Geosyntec will provide project management for Tasks 1-6, including task coordination, brief phone calls and e-mail communication with City of Dublin, invoicing, and other administrative tasks. December 2018 EXHIBIT B COMPENSATION SCHEDULE – City of Dublin Green Infrastructure/ Stormwater Resource Plan Contract Amendment #2 Project Schedule The project will begin December 5, 2018, with an estimated 13-month total duration. Task Anticipated Completion Date 1 – GI Plan Assistance and Project Multi-Benefit Evaluation June 30, 2019 2 – Green Infrastructure Funding and Financing Strategy December 2019 3 – Amador Valley Boulevard Design January 31, 2019 4 – Additional Green Infrastructure Design December 2019 5 - Regional Project Identification, Coordination, and Grant Application(s) December 2019 6 - PCBs-Containing Building Materials Ordinance Assistance April 2019 7 – Project Management for Tasks 1-6 June 30, 2020 Project Budget: The total estimated budget remaining from the previous contract as of December 1, 2018 is $25,000. This is summarized in the table below. The budget to complete the Tasks identified for the November 2018 Contract Amendment is provided below. The total estimated cost for Tasks 1-7 is $182,000. The assumptions used to develop these budget estimates are provided in-line in Exhibit A. A detailed summary of time and materials is provided on the subsequent page. Task Total Task Budget* 1 – GI Plan Assistance / Multi-Benefit Evaluation $6,000 2 – Green Infrastructure Funding and Financing Strategy $55,000 3 – Amador Valley Boulevard Design Peer Review $9,000 4 – Additional Green Infrastructure Design $60,000 5 - Regional Project Identification, Coordination, and Grant Application $27,000 6 – PCBs-Containing Building Materials Ordinance Assistance $5,000 7 – Project Management for Tasks 1-6 $20,000 Total Budget for Tasks 1-7 $182,000 Total Remaining Budget for Current Contract $25,000 Total Additional Budget for Amendment #2 $157,000 *Includes Labor, 3% Communications Fee for Labor, Subcontractor Fee, and 15% Markup on Subcontractor. November 2018 Detailed Budget for City of Dublin Green Infrastructure/ Stormwater Resource Plan Contract Amendment Tasks Senior Principal Principal Senior Professional Professional Senior Staff Professional Staff Professional Project Admin Clerical Total Hours Total Labor Budget Communications Fee Travel Total Rounded Rates $280 $255 $230 $178 $153 $133 $82 $57 1 - GI Plan Assistance/ Multi-Benefit Evaluation 2 4 4 22 32 $5,508 $165 $5,673 $6,000 2 - GI Funding and Financing Strategy 40 20 60 64 74 8 266 $53,270 $1,598 $54,868 $55,000 3 - Amador Valley Boulevard Design Review 2 28 12 42 $8,786 $264 $50 $9,100 $9,000 4 - Additional GI Design 16 60 48 100 120 8 352 $58,140 $1,744 $350 $60,234 $60,000 5 - Regional Project and Grant App 2 12 28 16 60 24 12 154 $25,964 $779 $200 $26,943 $27,000 6 - PCBs Containing Buildings 4 4 18 26 $4,694 $141 $200 $5,035 $5,000 7 - PM for Tasks 1-6 16 52 16 14 98 $19,636 $589 $20,225 $20,000 Total 42 72 236 132 302 144 14 28 970 $175,998 $5,280 $800 $182,078 $182,000 November 2018 Geosyntec Consultants Rate Schedule Rate/Hour Staff Professional $133 Senior Staff Professional $153 Professional $178 Project Professional $205 Senior Professional $230 Principal Senior Principal $255 $280 Engineering Technician I $ 82 Engineering Technician II $ 87 Senior Engineering Technician I $ 97 Senior Engineering Technician II $102 Site Manager I $107 Site Manager II $117 Construction Manager I $127 Construction Manager II $137 Designer $142 Senior Drafter/Senior CADD Operator $130 Drafter/CADD Operator/Artist $118 Project Administrator $ 82 Clerical $ 57 Direct Expenses Cost plus 12% Subcontract Services Cost plus 15% Technology/Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $ 24 Personal Automobile (per mile) Current Gov’t Rate Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer Price Index for Engineering Services. Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GKF ENGINEERS This Agreement is made and entered into between the City of Dublin ('City) and BKF Engineers as of November 1, 2016 (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. 1A Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2018, 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 substantial, first-class 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 $615,000, 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 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 dales 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 are specified below, and shall not exceed $21,000.00. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. Printing, reproduction, postage, delivery, mileage, travel, preliminary title reports, and traffic counts. 2 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 requlrements 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 0412. 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 Employees Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employees 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 lass 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 realrements. 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 shalt 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. 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 4 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. G. 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. 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; ■ 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, keep and save harmless the City, and City Councilmembers, officers, agents 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 any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. 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. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant/Subcontractofs 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. 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. 7 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 farms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Egual 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, slate, 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 orthis 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 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. U 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 included, 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 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. 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. %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 officdr or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. 10 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 potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http:llwvNr.fppc,ca.QoviForm700.htmi. 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: BKF Engineers Natalina V. Bernardi PE 4670 Willow Rd., Suite 250 Pleasanton, CA 94588 Any written notice to City shall be sent to: The City of Dublin Public Works Department Attn: Gary Huisingh, Director 100 Civic Plaza Dublin, CA 94568 10.11 Inte-gration. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral, 11 IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on the 1 st day of November, 2016. CITY OF DUBLIN CONSULTA P Anstopher L. Foss atKt V. Bern , PE Attest: Caroline Soto, City Clerk 12 EXHIBIT A SCOPE OF SERVICES October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project SCOPE OF SERVICES Introduction: The scope of services is specifically based to provide the City of Dublin, in concert with the City of Livermore and Alameda County, with Professional Civil, Environmental and Traffic Services for the preliminary engineering study of the extension of Dublin Boulevard from Fallon Road in Dublin, California to North Canyons Parkway in Livermore, California (Project), which traverses through a segment of unincorporated Alameda County. The study will develop a preliminary design in order to establish a preferred horizontal and vertical design alignment (Precise Plan Alignment) for the segment of Dublin Boulevard from the intersection of Fallon Road (Dublin) to the North Canyons Parkway and Doolan Road intersection (Livermore). BKF Engineers (CONSULTANT) will use the current General Plans of the Cities of Dublin, Livermore, and Alameda County to develop the roadway alignment that will incorporate future roadway connectivity of all planned roadways in the area, to this new roadway. The Project is included in the Alameda Countywide Transportation Plan and Plan Bay Area. A California Environmental Quality Act (CEQA) Environmental Impact Report (EIR) will be prepared to clear the Project with an appropriate level of environmental review. The City of Dublin will be the CEQA Lead Agency; the City of Livermore and Alameda County will be responsible agencies and can utilize/transfer the certified EIR for their respective jurisdictions. Supporting the environmental document and to obtain approval of a Precise Alignment Ordinance by their respective governing bodies, a Precise Plan Alignment with cross sections, costs and memo will be prepared. The Project will include the accommodation of multimodal travel along this roadway. The Cities of Livermore and Dublin recognize that the lands within unincorporated Alameda County between the Livermore and Dublin jurisdictional boundaries are outside of each jurisdictions urban growth boundary. Development of this area is governed by Alameda County Measure D. For this Project, no changes to existing land use shall be assumed. For the purposes of this scope of services and coordination, the City of Dublin in concert with the City of Livermore and County of Alameda, is herein referred to as CITY. Scope of Services: A. TASK A: PROJECT COORDINATION A.1 Stakeholder Coordination • Kickoff Meeting: One (1) Kfck-Off Meeting will be scheduled with CITY after the Issuance of the Notice -to -Proceed to confirm clear understanding of scope, objectives, goals, design parameters (including, but not limited to limits, phasing, alignment, design standards, R/W, environmental, traffic, and costs), and schedule. CONSULTANT will prepare agendas and meeting minutes, and will develop an assumption memo based on the discussion from the kickoff meeting to be distributed among the key stakeholders with the objective of establishing a clear understanding of Page 1 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project the goals, and reaching consensus on the traffic methodology, a key critical path task. See a comprehensive listing of assumed meetings at the end of Task A. Bi-MonthlyStakeholder Coordination Meetings, Coordination and Project Management: An additional six (6) Stakeholder Coordination Meetings are scoped to cover project development, progress, design review, and on-going/additional coordination efforts during the course of the Project. Although meetings are assumed to be conducted bi- monthly specifically with the CITY, frequency and attendees can be adjusted to meet the project needs and requirements as necessary. The CONSULTANT will include: • BKF Engineers (BKF) — Prime Consultant — 6 Meetings • Kittleson Associates Inc (KAI) -Traffic-4 Meetings • Circlepoint (CP) — Environmental - 2 Meetings • Biggs Cardosa Associates (BCA) - Structural —1 Meeting As part of Stakeholder Coordination and Project Management, CONSULTANT will coordinate and provide team leadership and general project management services for each task for the entire duration of the Project. Management activities will consist of project management, administration, invoicing/progress reports, coordination, attending meetings (agenda, meeting minutes, and action logs), submittal logs, coordinating comments/responses, and quality control. CONSULTANT will prepare a critical path method (CPM) project schedule using Microsoft Project software, including key tasks, milestones and agency review periods. The schedule will be updated bi-monthly through the duration of the Project. The schedule will be provided to the local jurisdictional agencies for their review, comment and buy -in. A.2 Meetings/Coordination with others (Agencies, 3rd Party Stakeholders, Utility Companies, and Landowners) Meetings and coordination with others (Agencies, 3`d Party Stakeholders, Utility Companies, Landowners, and the Public) will be identified at the onset of the Project for early Project input in the design development process. CONSULTANT will work closely with the CITY to identify stakeholders and setup individual and one-on-one focus meetings to discuss the Project. Frequency, attendees, type, and number of meetings and coordination can be adjusted to meet the Project needs and requirements as necessary. See a comprehensive listing of assumed meetings at the end of Task A. • Environmental (Permitting) Agency Coordination Meeting: Time has been allocated for the CONSULTANT to coordinate with the various resource and regulatory agencies to provide them with an overview of the Project and obtain their feedback regarding sensitive biological/regulated resources within and adjacent to the Project alignment. Page 2 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project Agencies may include US Army Corp of Engineers (USACOE), California Department of Fish and Wildlife (CDFW), San Francisco Regional Water Quality Control Board (SFRWQCB), Alameda County Flood Control (Zone 7). Other potential topics of discussion include permit strategy, potential mitigation options and their information needs. The communication with these agencies can be through an Interagency Meeting, a meeting hosted by the CITY, or a field site visit with the agency personnel; two (2) Environmental (Permitting) Agency Coordination Meetings are assumed. Y Utility Coordination Meetinelsl: The CONSULTANT will coordinate with Utility Owners to identify existing utilities, potential obstructions and relocation requirements, including future utility corridor opportunities associated with the Precise Plan Line, The CONSULTANT will coordinate and conduct two (2) Utility Coordination Meetings. Landowner Coordination Meetine(s): Since there are several private property owners along the proposed extension limits, CONSULTANT will coordinate within private property owners affected by the Project. A first -round focus meetings is recommended with interested property owners to open dialogue, develop understanding, and expose specific and sensitive property issues in a controlled environment. The CONSULTANT will coordinate and conduct two (2) Landowner Coordination Meetings involving one- on-one focus/coordination with property owner(s). Additional Stakeholder Coordination Meetin s : CONSULTANT will coordinate and conduct two (2) Stakeholder Coordination Meetings involving one-on-one focus/coordination with either special interest groups, environmental groups, or other stakeholders and/or additional meetings beyond those identified above that may be needed to assist in gaining understanding for and acceptance of the Project. A.3 CEQA EIR Meetings In support of the CEQA EIR process as described in further detail under Task D, the following project coordination meetings have been scoped to facilitate environmental certification process: + Public Scoping Meetly: One (1) Public Scoping Meeting will be held pursuant to CEQA legal requirements. The intent of the Scoping meeting is to solicit input on the scope of the EIR. CONSULTANT will also assist the CITY in presenting the CEQA process at the meeting and will assist in collecting all comments received on the scope of the EIR. Following the state -mandated 30-day Scoping period, CONSULTANT will review comments received in response to the NOP and at the Scoping meeting. CONSULTANT will provide a comment matrix spreadsheet to the CITY that organizes all comments received by federal; state; and local agencies, and public comment. Each comment will be identified to determine whether any new issues were raised that need to be addressed in the EIR or whether any additional analyses will be required as a result of the NOP comments. Page 3 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project Public (Open House) Meeting: As a function of the discussions and findings of the first round of various one on one focus meetings and environmental scoping meeting, it is possible that a public meeting will be necessary, chosen, or requested by the CITY, or the public. Per CEQA guidelines, a public meeting or open house prior or during the preparation of the draft environmental document and during the public circulation is not required, though is discretionary at the choice or request of the CITY. Based on the nature of this Project and the involved stakeholders, the CONSULTANT assumes a public meeting ("open house" format) will be conducted before the public circulation (comment phase) of the draft environmental document, and has included one (.1) Public (Open House) Meeting in this scope of services. The public meeting can be used to support the environmental document process, or as an alternative, can also be used in order to resolve any other project outreach needs, confront questions, or potentially used to further -engage the community, environmental agencies, utility companies, landowners, 3`d party stakeholders, or other groups in a different forum or on specific issues. Such a meeting can be used to assist the scoping and understanding of key and critical issues moving forward and to help gain understanding of environmental, right of way and cost issues and additional needs. CONSULTANT will provide meeting materials consisting of agenda, notification flyers, project graphics, handouts, and meeting minutes. See Task A Assumptions for CITY responsibilities for Public (Open House) Meeting. Public Meeting/Hearing During the EIR Public Review Period: One (1) Public Meeting/Hearing has been scoped and will be conducted during the 45-day public review period of the EIR to solicit comments from the public and agencies on the adequacy of the EIR. This will provide another opportunity for the public to provide comments on the draft EIR. CONSULTANT will work with the City on the desired layout/structure of the meeting and how best to collect comments from the community. CONSULTANT will provide meeting materials consisting of the agenda, notification flyers, handouts, and meeting minutes. CONSULTANT will be available to answer questions as determined necessary by the City. See Task A Assumptions for CITY responsibilities for Public (Open House) Meeting. • Public Hearings (Planning Commission and City Council Meetings): In support of the EIR approval and certification process through the CITY, the CONSULTANT will attend two (2) public hearings; one (1) Planning Commission Meeting and one (1) City Council Meeting. CONSULTANT will assist the CITY in preparing for the hearings and will be available to answer questions on the adequacy of the EIR. Page 4 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Bivd-[North Canyons Pkwy Extension Project TASK A DELIVERABLES • Meeting agendas, sign -in sheets, minutes, action log, and other standard meeting material, as appropriate • Project Schedule updated bi-monthly • Public Meeting materials (agenda, notification flyer, handouts, graphic and minutes] TASK A ASSUMPTIONS • CITY will cover all hard costs of the public meeting, including room and AV equipment rental fees, and other associated costs, including translation/interpretation and stenographer services, if needed. • CITY to provide the public meeting venue. CITY will take the lead in the coordination and notification for the public meeting using a current database of public agencies and private landowners for distributing email and/or mailing notification materials and other related information. CITY will distribute the emails drafted by CONSULTANT to stakeholders, including mailing notification, or other notification for the meetings, and assist with website posting, and other planning efforts to the extent possible. • Consultant will prepare meeting announcement flyers/posters that will be used by the City to post the meeting announcements at appropriate public places. TASK A OPTIONAL/ADDITIONAL SERVICES • Additional one (1) Focus Meeting Additional one (1) Public (Open House) Meeting • Additional one (1) Public Hearing Meeting • Additional One (1) CITY Council Meeting Page 5 of 34 BKF #: 20167093-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project 13. TASK B: PRELIMINARY RIGHT-OF-WAY ANALYSIS & BASE MAPPING / DESIGN CONSTRAINTS 13.1 Base Mapping Base mapping will be developed to facilitate the geometric design, environmental analysis, R/W assessment, and design development of the preliminary engineering study. This research and review task will assist in setting the existing conditions and restrictions onto adjoining development projects. Data Collection and Review: Obtain and review available data, files, reports, studies, and other technical information available and necessary to assist with the Project. The CITY will assist with providing requested information and/or online source links to download the requested information. CONSULTANT will coordinate with the local utilities and jurisdictional agencies to obtain their most recent record information within the Project area. Additionally, CONSULTANT will obtain and review existing record and right of way map information through the Project area to help determine the approximate boundary location. . Data to be obtained/reviewed includes, but is not limited to the following: • General Plans, Specific Plans, Environmental Documents, Traffic Reports, Counts and Models, etc. or any previous report($) or documents related to adjacent projects, the proposed project area, and scope of this Project • Utility record/as-built and CITY block map information • Aerial Mapping • Record Right of Way Information • Preliminary Title Reports (6 parcels) • Roadway As -Built Information Information gathered will be used for the Project base mapping. Site Visits: It is anticipated that CONSULTANT will conduct site visits to field verify utility, environmental, and other existing site features and conditions. One of the site visits will consist of meeting and walking the Project area with CITY to discuss design alternatives, environmental and other issues associated with Task B.2 Design Constraints. CITY and CONSULTANT will coordinate with landowners to obtain permission to enter for site visits. Monument Tie Survev, Project Control and R W Base Mapping: CONSULTANT will use available existing horizontal and vertical control monumentation on the east and west ends of the Project (North Canyons Pkwy/Doolan Road and Dublin Blvd/Fallon Road), as well as control along the north side of 1-580. Field (survey) will be conducted to tie -down the Project Control to available existing monumentation located in Dublin, Livermore, and Alameda County. Field work will be used to import, rotate, translate and reconcile aerial mapping and right of way information on a single horizontal/vertical Project Control system for use in base mapping and design. Work includes: Page 6 of 34 BKF M 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project • Gather/compile available record boundary Information 2,000 feet east of Doolan Road and 2,000 feet north of 1-580 • Gather/compile available record boundary information 2,000 feet west of Fallon Road and 2,000 feet • Develop control mapping and provide coordinates (search ties) to assist field crew in locating existing monumentation • Field Work (2.5 days allotted): ✓ Verify existing monumentation (R/W monuments, street survey monuments etc.) and using GPS, assign actual coordinates for each found monument to tie -down new Project Control (1.5 to 2 days) ✓ Search and locate existing survey monuments and physical evidence (parcel corner monuments) required to assist resolving existing rights -of -way and property lines within the Project limits and using GPS, assign actual coordinates for each found monument to tie -down new Project Control (0.5 to 1 day) • Rotate/Translate Alameda County 2014 Aerial Flight (Planimetric Mapping) based on GPS/Project Control • Calculate and enter record R/W lines, property lines, and parcel encumbrances (i.e. easements) located within the Project limits in accordance with record maps, record deeds, preliminary title reports, and other documents. Existing parcels will be tied into the Project Control. • Develop base mapping with resolved aerial mapping, horizontal/vertical project control, and R/W information All surveying and mapping shall be in compliance with the provisions of the Professional Land Surveyors Act, Sections 8700 to 8805 Business and Professions Code, the provisions of the California Coordinate System, Sections 8801 to 8819 of the Public Resources Code, and any other applicable code in the State of California. The horizontal and vertical datum is assumed to be based on the North American Datum 83 (NAD 83) and North American Vertical Datum of 1988 (NAVD 88), respectively. Based on the right of way record information ordered by the CONSULTANT (preliminary title reports) and supplied by the CITY (assessor's plats, record maps and as -built construction drawings), the information will be compiled as part of the base mapping to represent existing right of way, easements, and parcel lines. Boundary resolution is not included in this scope of services. Page 7 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project Develop/Compile Proiect Base Mapping: Prepared in AutoCAD format, CONSULTANT will coordinate with CITY on mapping parameters to facilitate GIS conversion (Arcview) at the end of the Project. Base mapping will be compiled to include the following information/data: • Aerial Planimetric Mapping (based on Project Control) • R/W Information (based on Project Control) • Preliminary Environmental GPS Information (based on Project Control) • Roadway/development as-built/mapping information • Utility record/as-built and CITY block map information • Information from site visits • Other existing documentation B.2 Design Constraints Prior to preliminary design, concept development/refinement, R/W analysis, and cost/benefit evaluation, CONSULTANT will develop Project Design Constraints Map. The information within the Design Constraints Map will identify site conditions and proposed requirements to include the following: Environmental Limitations: CONSULTANT will provide information on the physical and sensitive resource constraints on and around the Project area. CONSULTANT will review the project area in the field during a reconnaissance -level survey with the Project team, to identify sensitive resources to consider, to discuss specifics of the design and construction methodology, and make recommendations in order to avoid and minimize impacts to sensitive biological and regulated resources, streamline permitting and reduce the Project's mitigation burden. GPS will be used to map sensitive resources such as wetlands, drainages, California tiger salamander ponds, etc. and the location, information, and other related data will be incorporated into the AutoCAD/GIS base mapping. Additionally, CONSULTANT will conduct a literature review for sensitive cultural resources and identify any known resources within the Project area that can be avoided or minimized. A graphical illustration showing where resources exist or have the potential to exist, and identification of physical environmental constraints will be incorporated into the Project Design Constraints Map. Information prepared in this task will also be used to support the environmental documents and studies. • Traffic Limitations: Prior to the traffic model being fully prepared for the detailed traffic analysis under Task E, CONSULTANT will run the model and provide preliminary forecasts with the available demand model. • Other Design Parameters, Standards, Guidelines and Limitations/Constraints: Page 8 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project CONSULTANT will coordinate and assess the environmental and traffic information, and work closely with the CITY to define, establish, and reconcile other Project limitations/constraints including, but not limited to the following: • Project limits, transitions, and tie-in locations • Land Use, adjacent roadway connections and access points • Typical Cross Sections identifying lanes and multi -modal facilities • Design standards (Caltrans, AASHTO, CITY) and parameters: o design speed o horizontal/vertical design o lane configurations/widths/cross-section o pedestrian/bicycle facilities o Transit in dedicated lanes or mixed flow lanes with enhanced ITS implementation • Post -Construction Stormwater Treatment (C.3) (including in -lieu and green infrastructure) • Utilities — Existing, future, rule 20A, and corridor reservations • Right of way -- Existing and Project requirements (fee and easements) The mapping will be developed hand in hand with the CITY, but will be submitted for review and comment. CONSULTANT will incorporate comments, make revisions, and finalize prior to proceeding with Task C. TASK B DELIVERABLES • Project Base Mapping (Planimetric, As -Built, Utility, Environmental, and R/W Information) • Draft Design Constraints Map • Final Design Constraints Map TASK B ASSUMPTIONS • County of Alameda 2014 Mapping satisfies the requirements (accuracy, resolution) of the CITY Precise Alignment Ordinance, has ample coverage to meet the needs of this Preliminary Engineering Study, and offers a minimum resolution requirements of at least six (6) inches vertical with one (1) foot contours. • CONSULTANT will provide AutoCAD files upon request; CITY is responsible for GIS (ArcVlew) conversion from AutoCAD. • New aerial mapping (plan im etric/orthoph oto) and supplemental topographic survey is excluded. • R/W Boundary Resolution, Record of Survey, and Plats and Legals are excluded. • Preliminary Title Reports (for up to 6 properties) will be ordered by the CONSULTANT. TASK B OPTIONAL/ADDITIONAL SERVICES • Aerial Base Mapping • Supplemental Topographic Survey Page 9 of 34 BKF #: 20167083-10 October 11, 2016 C, TASK C: PRELIMINARY DESIGN & COST ESTIMATE Dublin Blvd -North Canyons Pkwy Extension Project CONSULTANT will develop horizontal and vertical alignments for use in the preliminary precise plan line, as well as conceptual roadway plan, profile, and cross sections. The preliminary precise plan will establish a multi -modal geometric design, be used to support the environmental document and define the criteria and constraints for the Dublin Boulevard Extension. C.1 Preliminary Horizontal Design Initially, different variations of the alignment (horizontal) will be evaluated to develop the preferred horizontal alignment which would consider the design constraints and minimize impacts. CONSULTANT will identify and document a range of horizontal alignments under consideration that accommodate the required traffic lanes, bicycle and pedestrian facilities, and transit and incorporate the appropriate design standards confirmed under Task B. The traffic analysis information will be reviewed to confirm proposed lane assignments, transitions, and storage lengths for turn lanes. The horizontal alignment will include intersection geometry layout. CONSULTANT will also identify special design features like right-of-way transitions, easements, sidewalks, bicycle facilities (Class I, II, and IV), driveways, curb ramps, lane transitions, and dedicated transit (bus) lanes. CONSULTANT will review the horizontal alignment to establish utility corridors, ingress/egress access points, and general right of way requirements. CONSULTANT will prepare preliminary a rough cost/benefit evaluation for the proposed horizontal alternative(s) for consideration by the CITY in moving forward with preliminary vertical design. The cost/benefit evaluation will consider design constraints and design elements such as right of way, anticipated grading/retaining walls locations, likely and bridge/culvert locations; this will be evaluated with the base mapping, field mapping and ongoing discussions with the resource agencies in order to determine opportunities, restrictions, and a balance of sensitive environmental issues and resources. CONSULTANT will submit the geometric horizontal alignments and cost/benefit evaluation and work with the CITY to review, respond and incorporate comments. CONSULTANT will modify and refine the horizontal alignment to generate a preferred horizontal alignment. C.2 Preliminary Vertical Design Based on the preferred horizontal alignment, CONSULTANT will develop up to three (3) conceptual vertical alignment alternatives. CONSULTANT will identify and document a range of vertical alignments under consideration and develop profiles to balance the Project goals, impacts, and opportunities incorporating the appropriate design standards confirmed in Task B.2. Page 10 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project Preliminary grading design and implementation of Green Infrastructure and Post - Construction Stormwater Treatment C.3 Best Management Practices (BMP) facilities will be initiated by CONSULTANT during this task to uncover any additional impacts and opportunities related to the vertical -plane. CONSULTANT will evaluate surrounding topography, roadway alignment (horizontal and vertical), to integrate opportunities for conveying and treating storm water runoff to meet the Municipal Regional Permit (MRP) C3 requirements. This will include preliminary calculations of total proposed impervious surface area and rule of thumb sizing for required water quality treatment areas. CONSULTANT will begin to evaluate approximate Project limits of grading disturbance and estimate the approximate acreage and cubic yards of earthwork; this will be further developed to support the environmental efforts regarding potential impacts and disturbance of environmentally sensitive areas, and the analysis will be integrated into the cost/benefit evaluation. Due to the drainages in the area (such as Cottonwood Creek) and the known environmentally sensitive resources, conceptual bridge alignments (including vertical alignment, horizontal footprint, and configuration) will be identified and developed. Bridge types and retaining wall limits/configuration options will be investigated to further reduce impact areas and minimize grading disturbance. CONSULTANT will update the rough cost/benefit evaluation to focus on the proposed vertical alternative(s) for consideration by the CITY in moving forward with the preliminary precise plan and conceptual plan and profile. CONSULTANT will submit the conceptual geometric vertical alignments and cost/benefit evaluation and work with the CITY to review, respond and incorporate comments in order to develop the preferred vertical alignment. C.3 65% Preliminary Precise Plan and Conceptual Plan/Profile The preferred horizontal and vertical alignments will be used as a basis to prepare the Preliminary Precise Plan Line and Conceptual Plan and Profile which will also be used in the environmental assessment of the Project. CONSULTANT will prepare the Preliminary Precise Plan Line and Conceptual Plan and Profile to include: • Layout, • Profile, • Typical sections • Cross sections at 100-feet increments and key locations. Page 11 of 34 BKF 9: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project CONSULTANT will determine the Project needs for right of way acquisition, including temporary and permanent easements based on the Precise Plan. The design shall identify appropriate access points to land fronting the Project. Abutter's rights shall be restricted along the roadway through unincorporated Alameda County to only allow development consistent with Alameda County Measure D. CONSULTANT will summarize the right of way analysis in a Preliminary R/W Analysis Map. CONSULTANT will update the order of magnitude costs prepared in Task C.1 and Task C.2 to develop an order of magnitude costs for construction of the Project that include right of way and environmental costs. CONSULTANT will prepare an Alternative Summary Memorandum summarizing alternatives, analysis and preferred alignment selections from Task C.1 and Task C.2. The memorandum will compile the costs, R/W analysis, and details associated with the Preliminary Precise Plan and Conceptual Plan/Profile, which will be used in the final design. CONSULTANT will submit the 65% Preliminary Precise Plan, Conceptual Plan/Profile, Cross Sections, R/W Analysis Map, and Alternative Summary Memorandum to the CITY to review and comment. C.4 100% Preliminary Precise Plan and Conceptual Plan/Profile Upon completion of the 65% submittal and review, CONSULTANT will work with the CITY to review, respond and incorporate comments. CONSULTANT will modify and refine the Preliminary Precise Plan and Conceptual Plan/Profile and Cross Sections. CONSULTANT will also incorporate changes to the R/W Analysis Map, including graphically depicting the R/W take areas and acreages, reflective of fee acquisitions (partial and full take), and easement limits. The quantities and impacted parcels will be summarized in a matrix to support the cost estimate and Alternative Summary Memorandum. CONSULTANT will update and finalize the cost estimate and Alternative Summary Memorandum to reflect comments and design refinements. CONSULTANT will submit the 100% Preliminary Precise Plan, Conceptual Plan/Profile, Cross Sections, R/W Analysis Map/Matrix, and Alternative Summary Memorandum to the CITY. C.5 City of Dublin Ordinance/Planning Commission/City Council Support For the purpose of reserving areas for future widening, extension, or creation of streets, or spaces for future utilities, pedestrian ways, fire and police emergency access, access to property and Project rights of way, CITY will establish and adopt an alignment and right of way lines. Page 12 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project As a function of the work completed in Task C and in compliance with Chapter 7.68 of the City of Dublin's Municipal Code, "Establishing Right of Way Lines," CONSULTANT will produce the Precise Plan Alignment with cross sections, costs and memo that will be used by the CITY for processing the Precise Alignment Ordinance. CONSULTANT will assist and support the CITY by attending one (1) Planning Commission Meeting and two (2) CITY Council Meetings, based on the City of Dublin's Municipal Code. Although not required by the City of Livermore Municipal Code, CONSULTANT will attend one (1) City of Livermore Council Meeting. For a complete listing and summary of these four (4) meetings, see Scoped Meeting table found under Task A. TASK C DELIVERABLES • Draft and Final Preliminary Horizontal and Vertical Alignments o Horizontal/Vertical Cost/Benefit Evaluation • 65% Precise Plan Line, Conceptual Plan/Profile/Cross Sections, and Alternative Summary Memorandum • 100% Precise Plan Line, Conceptual Plan/Profile Cross Sections, and Alternative Summary Memorandum TASK C ASSUMPTIONS • Alameda County may require CITY attendance/participation/ presentation at Board Meetings. CITY will use the presentation material previously prepared by the CONSULTANT to present to the Board of Supervisors. TASK C OPTIONAL/ADDITIONAL SERVICES • Additional one (1) CITY Council Meeting Page 13 of 34 BKF #: 20167083-10 October 11, 2016 D. TASK D: PREPARE CEQA ANALYSIS D.1 Environmental Impact Report (EIR): Dublin Blvd -North Canyons Pkwy Extension Project CONSULTANT will coordinate with CITY on CEQA related issues and prepare an administrative draft FIR using the current the checklist template of the State CEQA Guidelines, as well as the significance criteria identified for the CITY. The EIR will focus on the significant effects of the project and indicate the reasons for determining that other effects would not be significant or potentially significant. We recognize that the development of this EIR will involve input from a variety of agencies, the CITY, and other concerned parties. CONSULTANT will work closely with all to provide CEQA expertise, resolve project questions, and relay information and questions to and from the other firms on our project team. • Notice of Preparation (NOP) and Public Scoping CONSULTANT will provide abbreviated responses to the CEQA checklist questions to help identify key and non -key environmental issues for the project. Using these information, CONSULTANT will prepare a draft NOP for the CITY to review and approve for distribution. The NOP will include a brief project description and the parameters established in CEQA Guidelines Section 15082. The NOP will summarize the key issues that will be evaluated in the EIR (i.e., traffic, biological resources, air quality and greenhouse gas, noise, cultural resources, and traffic) and issues not requiring extensive further examination (e.g., mineral resources and public services). Based on the CITY's comments, CONSULTANT will revise the draft NOP and send it to the State Clearinghouse, and any other interested parties or stakeholders. As described above under Task A.3, a public scoping meeting will be held pursuant to CEQA legal requirements. Following the state -mandated 30-day scoping period, CONSULTANT will review comments received in response to the NOP and at the scoping meeting. CONSULTANT will provide a comment matrix spreadsheet to the CITY that organizes all comments received by federal; state; and local agencies, and public comment. Each comment will be identified to determine whether any new issues were raised that need to be addressed in the EIR or whether any additional analyses will be required as a result of the NOP comments. • Prepare EIR Project Description Project Description: The Project description will be submitted for review and approval prior to the submittal of the administrative draft EIR. The CITY will provide CONSULTANTwith one set of comments using Microsoft Word's "Track Changes" feature. CONSULTANT will prepare the final project description upon receipt of CITY comments. The project description will include: Page 14 of 34 BKF ##: 20167083-10 October 11, 2016 Dublin Bivd-North Canyons Pkwy Extension Project i. The precise location and boundaries of the proposed alignment on an aerial map, which also will show the regional location of the Project site; ii. A general description of the technical and environmental characteristics of the Project iii. A brief statement describing the intended uses of the EIR iv. A list of the agencies that are expected to use the EIR in their decision making v. A list of permits and other approvals required to implement the project vi. A list of related environmental review and consultation requirements required by federal, state, or local laws, regulations, or policies. EIR Set tin Im act Anal ses and Miti ation: The environmental setting for each of the topical areas will include the relevant section for that specific topic. The environmental impact analyses will be based upon the impacts associated with the proposed alignment. The administrative draft EIR will include the full range of potential impacts for all topical areas as required by the CEQA Guidelines, and measurable mitigation for each significant or potentially significant impact identified to eliminate or reduce the impact to a less -than -significant level to the extent feasible. Four (4) standalone reports (technical studies) will be prepared for the following technical areas: biological resources; cultural resources; air quality and greenhouse gas; and noise and vibration. Traffic study prepared under Section E will be used for EIR and be sufficient to meet CEQA standards. These reports will provide the substantial evidence required to clear the EIR for CEQA clearance. A description of the scope of work for each report is described below: • Biological Resources Report: Biological Resources Report -Setting Section: In conjunction with resource agency consultation conducted (and discussed) under Task A.2, CONSULTANT will review Project materials and relevant background information concerning biological resources in the Project vicinity, including reports prepared by HTH for the Moller Ranch, Dublin Ranch, Wallis Ranch, I-580, Las Positas College, and Dougherty Road projects; the East Alameda County Conservation Strategy (EACCS); aerial photographs of the vicinity; U.S. Geological Survey topographic maps; USFWS National Wetland Inventory Maps; the California Natural Diversity Database (CNDDB); and species data compiled by the California Native Plant Society and other public interest groups. A wildlife ecologist and a botanist/wetlands ecologist will conduct reconnaissance -level field surveys of the Project area to document the biological conditions. This information will be gathered for the purpose of characterizing the botanical resources and wildlife habitat values of the Project site and surrounding vicinity. The dominant biotic communities of the site, characterized based on dominant plants and associated wildlife, will be mapped. Additionally, the trees on the site will be surveyed and evaluated for the purposes of CEQA analysis in the EIR. Page 15 of 34 BKF #I: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project The reconnaissance-ievel field surveys will also determine the site's potential to support special -status plant and animal species. Based on East Alameda County Conservation Strategy (EACCS) habitat mapping (which the lead agency and resource agencies will likely refer to), special -status species issues will likely involve California tiger salamander (Ambystoma californiense), California red -legged frog (Rana draytonii), western pond turtle (Actinemys marmorota), Callippe silverspot butterfly (Speyeria collippe callippe), golden eagle (Aquila chrysaetos), tricolored blackbird (Agelaius tricolor), burrowing owl (Athene cunicularia), American badger (Taxidea taxus), San Joaquin kit fox, San Joaquin spearscale (Extriplex joaquiniana) and Congdon's tarplant (Centromadio porryi ssp, congdonii), among others. Special -status species surveys do not need to be conducted for the EIR. This scope assumes the presence of California tiger salamander, California red -legged frog, and San Joaquin kit fox within the entire footprint of the site. The potential for special -status plant species will be addressed through mitigation measures to include future plant surveys prior to construction, given that identification of plant species is seasonal and can fluctuate during the preparation of the document. CONSULTANT will assess the topography and soil types that occur within the Project area, and determine whether they represent suitable habitat (i.e, saline -alkali soils with hummock topography) for these species. Refined mapping will be conducted of potentially sensitive or regulated habitats, such as wetlands and other waters of the U.S./State, on the Project site. Habitat mapping will be conducted by using methodologies developed and approved by the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers, ensuring all waters of the U.S./State are mapped at a level sufficient for environmental review and for future incorporation into a jurisdictional determination report during the permit phase of the Project. Biolo ical Resources Re ort-Im pacts and Mlti atlon. The report will analyze the elements of the proposed Project in the context of the biotic resources of the project area and vicinity and identify site -specific and cumulative impacts. Based on CEQA Guidelines (Appendix G), identification and determination will be made on all impacts as being either less than significant, less than significant with mitigation, or (if appropriate) significant and unavoidable. Based on EACCS mitigation guidance, mitigation measures will be described for potentially significant environmental impacts. Mitigation, as it applies to a discussion of how to ameliorate the significant effects of the Project on biotic resources on and off the Project site, will Include avoidance of the impact, minimizing the impact by decreasing the magnitude of the action, restoring the biotic resource to its former condition after the impact has occurred, reducing or eliminating the impact over time by appropriate preservation and maintenance operations during the life of the Project, and Page 16 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project compensating for the impact by replacing elsewhere those habitats or those biota that have been adversely affected. 6 Cultural Resources Assessment Report: Archival Research and Records Search: CONSULTANT will consult with the California Historical Resources Information System (CHRIS), Northwest Information Center (NWIC) at Sonoma State University to conduct a record search of the approximately 1.75-mile long project area (of unknown width). The records search will identify known cultural resource sites and previous surveys in the Project area and within a minimum one - quarter mile radius adjacent thereto. All previous cultural resource surveys, known historic or prehistoric sites, and listed or eligible National Register of Historic Places or California Register of Historical Resources properties within the area of the record search will be identified. Copies of applicable site records and survey reports will be made as necessary, and site locations will be plotted on the USGS topo quad. State and local historic site inventories will also be reviewed to identify the presence of any listed sites in the project vicinity. Additional data on the history and prehistory of the area on file will be also reviewed. Native American Heritage Commission: As required under CEQA, the Native American Heritage Commission (NAHC) in Sacramento will be contacted by email (certified letter) with a description of the proposed project, and a request to review their Sacred Lands file for information on traditional or cultural lands within the project area and vicinity. The NAHC will also be asked to provide a list of interested, local Native American representatives. The contact letter will be followed with a maximum of two telephone calls to each representative if no written response to the contact letter is received in an appropriate amount of time. Results of the consultation will be included in the Cultural Resources Assessment Report discussed below. SB 18 Consultation: in accordance with statutory requirements stipulated in Senate Bill 18 (SB 18): Prior to the adoption or any amendment of a general or specific plan, a local government must notify the appropriate tribes (on the contact list maintained by the NAHC) of the opportunity to conduct consultations for the purposes of preserving, or mitigating, impacts to, cultural places located on land within the local government's jurisdiction that is affected by the proposed plan adoption or amendment (Supplement to General Plan Guidelines-200S). Page 17 of 34 BKF M 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project To facilitate this government -to -government consultation and on behalf of the CITY, CONSULTANT will contact the NANC in Sacramento to provide notification of the proposed project and to request a list of tribes with traditional lands or cultural places located within the City's jurisdiction. The tribes identified on the list provided by the NANC are those that the CITY must contact for purposes of consultation, prior to completing preparation of the precise plan or changes in the General Plan. On behalf of the CITY, CONSULTANT will contact the tribes identified by the NANC to notify them of the opportunity to consult. Pursuant to Government Code §65352.3(a)(2), each tribe has 90 days to respond and request consultation. If the tribes do not respond, or decline consultation, consultation is not required. If a tribe requests consultation, CONSULTANT will coordinate the required face-to-face consultation between tribal representative(s) and the designated CITY representative(s). CONSULTANT will maintain records of all communications for inclusion in the project's Cultural Resources Assessment Report that will be prepared for the project. AB-52 Consultation: Assembly Bill 52 requires a lead agency to provide notice to Native American tribes that are traditionally or culturally affiliated with the geographic area of a proposed project if such tribe(s) have requested notice of projects within that area. If the tribe(s) that have requested notification request consultation within 30 days of receiving such notification, the agency must consult with the tribes. Consultation may include discussion of the type of environmental review that is necessary, the significance of tribal cultural resources within the project area or surrounding region, the significance of the project's impacts on the tribal cultural resources, and the alternatives and mitigation measures recommended by the tribe. On behalf of the CITY, as lead agency, CONSULTANT will contact the tribe(s) that have notified the CITY that they wish to be consulted and will provide a project description and notification that they have 30 days to request consultation with the CITY, if the tribes do not respond, or decline consultation, consultation is not required. If a tribe requests consultation, CONSULTANT will coordinate the required face-to-face consultation between tribal representative(s) and the designated CITY representative(s). CONSULTANT will maintain records of all communications for inclusion in the project's Cultural Resources Assessment Report that will be prepared for the project In anticipation of the types of materials that may be requested as part of the AB-52 consultation, CONSULTANT has included provisional costs for obtaining the information from the NWIC. These may include copies of the results of the record search, copies of reports on archaeological studies conducted within the project area or the surrounding -mile radius that are identified in the record search, an assessment of the archaeological sensitivity for the project area, a copy of the project's Cultural Resources Assessment Report, including recommendations and recommended mitigation measures, the results of the NANC consultation, copies of any ethnographic studies conducted within the project area and the surrounding %-mile radius, and copies of any geotechnical reports conducted within the project area. Page 18 of 34 BKF M 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project Archaeological Survey: As a means of evaluating the potential impacts to cultural resources, unless recently surveyed by qualified archaeologists (as evidenced by a competent report on file at the NWIC, CONSULTANT will conduct an intensive pedestrian archaeological survey of the Project area to evaluate potential project impacts to cultural resources. The survey will be conducted at a maximum survey transect interval of 15 meters. Paleontological Resources: A paleontological records search will be conducted at the Museum of Natural History, Los Angeles, CA, and CONSULTANT will review construction plans and maps. A Paleontological Investigation Report (PIR) will be prepared accordingly that will assess the Project for the potential to destroy unique paleontological resources and will recommend provisions to protect such resources. Report Preparation: CONSULTANT will prepare a draft Cultural Resource Assessment Report that will include a brief description of the Project, its location, a discussion of the results of the record and literature search, NAHC consultation, archaeological survey, and the PIR. Mitigation recommendations, if warranted, will be presented. CONSULTANT will address comments on the draft and will prepare a Final Cultural Resources Assessment Report (CRAB) for submission. Upon approval and acceptance, a copy of the CRAR will be provided to the NWIC, as required. Recordation of Protected Resources: Although not anticipated, the CONSULTANT has identified the Recordation of Protected Resources for Architectural Resources and Archeological Sites or Resources as an optional service; an estimation of the effort and cost to provide this service to the City has been identified in the attached Preliminary Engineering Study for Dublin Boulevard -North Canyons Parkway Extension - Project Budget Scope/Fee Summary, and is described as follows_ ■ Any newly discovered historic (over 50 years of age) or prehistoric archaeological sites, and architectural resources over 45 years in age identified during the survey will be recorded, as required, on appropriate Department of Parks and Recreation Primary Record (DPR 523) and associated (e.g., Building - Structure -Object) forms. Although not anticipated, the CONSULTANT has identified this effort as an optional service. ■ Any previously recorded archaeological sites or architectural resources identified within the project area as part of the NWIC records search will be re- located and a DPR 523-L Continuation/Update form must be prepared for each. • Air Quality/Greenhouse Gas Report/Energy: Background Review, Project Meetings, and Coordination: Prior to conducting a site visit, CONSULTANT will collect/review relevant Project materials and background information including air quality setting in terms of health effects of air pollution, site climate conditions, monitored air pollutant levels, regulatory environment and planning efforts to improve or maintain air quality conditions. Page 19 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project Evaluate Regional Air Quality Impacts: Air Quality modeling will be performed in accordance with BAAQMD standards. The Project could change traffic patterns leading to a change in air pollutant emissions, primarily those that have an effect on regional air quality (i.e., ozone precursors, PM2.s, and PM10), CONSULTANT will analyze regional air pollutant emissions based on differences in daily vehicles miles traveled and average speed between the project and no -project traffic conditions. Emission factors from the EMFAC2007 model will be combined with the traffic forecast data to predict changes in emissions of ozone precursor pollutants (reactive organic gases and nitrogen oxides) and particulate matter (i.e., PM10 and PM2.5. The net change in emissions will be compared against BAAQMD significance thresholds. Evaluate Local Air Quality Impacts: An assessment of changes to carbon monoxide concentrations will be conducted to evaluate impacts to local air quality. Roadside carbon monoxide concentrations will be predicted using screening methods acceptable to the Bay Area Air Quality Management District. These methods are based on the Caline4 Line -Source Dispersion Model. The three intersections with a combination of the highest traffic volumes and worst LOS would be modeled. The significance of the results will be based on a comparison with ambient air quality standards. Evaluate Construction Impacts: Construction period impacts will be addressed by computing emissions using the latest version of the Road Construction Emissions model, Version 8.1.01. This will provide an estimate of daily emission that could be compared against BAAQMD thresholds. Localized impacts from construction activities would be addressed through application of CITY standard fugitive dust control measures, To address toxic air contaminants from construction equipment, a screening level health risk assessment will be performed. Impacts to adjacent sensitive receptors will be predicted. Evaluate Risk from Toxic Air Contaminates: The Project would potentially be a source of toxic air contaminants that may affect sensitive receptors. Vehicle emissions will be predicted for future years so the effect of substantially lower emissions due to new controls and fleet turnover can be incorporated into the analysis. The State's CT-EMFAC or EMFAC2014 model will be used in this analysis. Dispersion modeling of the emissions would be conducted with the Callne 4 or Cal3ghcr model along with representative meteorological data. Excess cancer and non -cancer risk will be predicted following BAAQMD guidance. In addition, the model will predict the annual concentration of PM2.5 that could be compared to the BAAQMD thresholds. The analysis of toxic air contaminants will be done in accordance with the most recent Office of Environmental Health Hazard Assessment (OEHHA) standards. Greenhouse Gas Emissions: Greenhouse gas emissions will be calculated using the same methodology as described for ozone precursor pollutants and particulate matter. The difference in travel -related emissions will be reported; the accuracy of these predictions Page 20 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project will be based on the data provided by the traffic consultant. The assessment of these emissions may be somewhat qualitative, because specific travel speed and vehicles miles are the necessary inputs for calculating vehicle emissions. GHG emissions will compared against BAAQMD significance thresholds. Energy -impacts: In accordance with Appendix F of the CEQA Guidelines, projected electricity and natural gas usage, during construction and operation of the project, would be estimated using CalEEMod and project -specific information. Energy impacts will be quantified to the extent feasible and disclosed in a separate Energy chapter in the EIR. Preparation of Air!2u.ality and GHG Technical Report; In accordance with applicable CEQA guidelines, a technical air quality and greenhouse gas emission report, suitable for use in completion of the environmental document, will be prepared that briefly describes the air quality setting in terms of health effects of air pollution, site climate conditions, monitored air pollutant levels, regulatory environment and planning efforts to improve or maintain air duality conditions. Impacts and mitigation will be included. Response to one set of internal comments and one set from CITY on the administrative draft of the report are included; revisions will be made based on these comments. Noise/Vibration Report: Background Review Project Meetings, and Coordination: CONSULTANT will review relevant Project materials, background information, guidelines and policies that are applicable to the Project prior to site visit in support of the noise/vibration technical study. Noise Monitoring Surv� It is anticipated that existing noise levels in the vicinity of the Project alignment are dominated by traffic traveling along 1-580, which is located just south of the Project alignment. Noise measurements will be conducted at noise sensitive receptor locations adjacent to the Project alignment. Noise levels will be monitored during daytime, evening, and nighttime periods at representative locations adjacent to the study area in order to establish baseline noise levels along the corridor (long-term measurements). Attended measurements would be conducted over short- term periods of 10 to 15 minutes. Traffic conditions on existing roadway segments would be monitored during short-term measurements through vehicle counts and speed estimates. Using these data, day/night noise levels (Ldn) would be identified at each location. The noise measurement sites would be selected according to the distribution of noise -sensitive receptors. Review of the Project vicinity map and aerial photography of the area shows that there are few noise sensitive receptors along the proposed roadway extension alignment; therefore, the noise monitoring survey will include 1 to 2 long-term and 3 to 4 short-term noise measurement locations. Page 21 of 34 BKF M 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project Traffic Noise Modeling: Traffic noise modeling will be used to calculate existing, existing plus project, and future with project traffic noise levels. Modeling will be conducted using either FHWA's Traffic Noise Model (TNM) or SoundPLAN with the TNM calculation module selected. The model will be calibrated to measured conditions using existing topography and roadway alignment of 1-580, which is anticipated to be the primary noise source in the area. Future traffic noise levels will be predicted taking into account future traffic volumes, lane configurations, and speeds along both 1-580 and the proposed roadway extension. Identify Noise Impacts and Mitigation Measures: A significant noise impact would occur if noise levels are projected to substantially increase at a noise sensitive receptor or exceed the thresholds identified in the General Plan. The primary test for a road improvement project under CEQA is the substantial increase test. This assessment will be completed by comparing existing noise levels with the Project to existing noise levels without the Project at existing noise sensitive locations. The potential short-term noise and vibration impacts resulting from construction will be assessed and identified. Measures to reduce noise levels would be recommended where significant noise impacts are identified. The feasibility or effectiveness of noise barriers and quieter pavement would be evaluated through traffic noise modeling. Preparation of Noise Technical Report: In accordance with applicable CEQA guidelines, a technical noise and vibration report, suitable for use in completion of the environmental document, will be prepared that addresses noise and vibration impacts. Response to one set of internal comments and one set from CITY on the administrative draft of the report are included; revisions will be made based on these comments. Other Required EIR Analyses Cumulative Impacts: The analysis of cumulative impacts will be based on Section 15130 of the CEQA Guidelines. According to CEQA, a cumulative impact would occur if the effects of the project (which alone may not result in significant impacts) cause a significant environmental impact when taken in combination with the effects of other ongoing and reasonably foreseeable projects in the area. The cumulative analysis scenario will be based on future development in the project area and will use either a list provided by the CITY of current, planned and reasonably foreseeable future projects, or an agreed calculation of the buildout associated with the CITY's General Plan. The EIR will evaluate whether there are significant cumulative impacts associated with development of the project area, and whether the project's contribution to a significant cumulative impact would be substantial ("cumulatively considerable"). In general, a project's contribution to a cumulative impact is determined not to be cumulatively considerable if the project is required to implement or fund its "fair share" of mitigation Page 22 of 34 BKF ##; 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project measures designed to alleviate the cumulative impact. The EIR will provide a discussion of any reasonably feasible options for mitigating or avoiding the project's contribution to any significant cumulative impacts. Alternatives to the Project: Alternatives to the project are anticipated to include the No Project Alternative (required by CEQA) and two development scenarios that will avoid significant impacts related to the project. These scenarios could involve different design changes (as supported with the work under Task C), a reduction in the total development on the project site or an alternative location/alignment (unless considered and rejected as infeasible). It will be important that these alternatives be reasonable, feasible, and meet the basic objectives of the project. The No Project Alternative will assume development of the site according to the existing general plan land use designation and zoning for the property. Alternatives considered but rejected, that were developed during the design phase will be included disclosed in this chapter of the EIR. The impacts of each alternative will be compared to those associated with the project. As required by CEQA, the advantages and disadvantages of each alternative and the reasons for rejecting any alternative will be discussed, including consistency with the project's defined goals and objectives. In accordance with CEQA (Section 15126.6(e)(2)) the environmentally superior alternative among the two alternate development scenarios will be identified. Effects Found Not to be Significant: This section will list and briefly discuss the potential impacts found to be insignificant or less -than -significant. This chapter will go through each item on the CEQA Guidelines Appendix G checklist and direct the reader to the appropriate EIR section for relevant issues. Other CEQA-Required Conclusions: Pursuant to CEQA Section 15126 CEQA Required Conclusions, the following information will be presented as applicable: o All significant unavoidable adverse impacts, including any impacts that can be partially mitigated, but not to less -than -significant level. o Significant irreversible Environmental Changes, including the irretrievable commitment of natural resources to a project. o The potential for growth -inducement associated with the proposed project and the corresponding impacts. Growth inducement occurs when a project would create substantial direct or indirect economic or population growth in the surrounding environment. The EIR will consider whether the project would induce growth through the removal of obstacles to growth (such as through a change in zoning or the extension of roads or utilities into an undeveloped area) or through the generation of major new employment or housing. Screencheck Draft EIR CONSULTANT will make revisions to the administrative draft EIR based on a single set of consolidated comments. CONSULTANT will schedule a face-to-face meeting with the CITY to go over their comments prior to initiating the changes. These changes will be incorporated Page 23 of 34 BKFM 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project into a "Screencheck" draft that will serve as the last review draft before publication. The l and screencheck draft EIR will be provided in underline and redlTY in ine strikeouttexpfooease of review. rmats. The digital format will show revisions The hardcopy screencheck draft EIR will incorporate the edits to show document overall readability and flow. CONSULTANT will make revisions to the screencheck EIR based on a single set of consolidated comments. Prepare and Publish Draft EIR CONSULTANT will incorporate any comments received on the screencheck draft EIR into the draft EIR. CONSULTANT will prepare public notices and provide the notices for the CITY to distribute. CONSULTANT will draft the State Clearinghouse Notice of Completion form for CITY staff to review and sign, and will transmit 15 copies of the draft EIR to the State Clearinghouse, with the NOC. Depending upon demand, CONSULTANT will provide additional copies at cost. Public Review As described in detail under Task A.3, CONSULTANT will attend one public hearing on the draft EIR during the public review period. CONSULTANT will assist the CITY in preparing for the public hearing. Administrative Final EIR Administrative Draft Res onse to Comments RTC : CONSULTANT will with responding to to review all comments received on the draft EIR and discuss the approach to those comments. CONSULTANT will prepare an administrative draft RTC that responds to a maximum of 25 individual comments (either written or received at the public hearings). We comments document based on have prepared an estimated umber andget for she response complexity of ocomm comments. The estimated budget for assumptions related to the may need to be modified based on the volume and complexity of comments received. The administrative draft RTC will include the following chapters; • Introduction • List of Commenting Agencies, Organizations, and Individuals • Response to Comments, including copies of all comment letters with numbers/lettering associated with each separate comment and responses to individual comments. If appropriate, master responses can be crafted to address issues raised in multiple comments. tin includes changes to pages of the • Errata and Refinements to the draft EIR, this section draft EIR that will be reviewed by the CITY for ultimate incorporation into the reprinted draft EIR. • Draft mitigation monitoring and Reporting Program Appendices, as needed. Page 24 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Bivd-North Canyons Pkwy Extension Project Screencheck Draft Response to Comments iRTQ CONSULTANT will revise the administrative draft RTC in response to a single set of consolidated comments received from the CITY and submit a Screencheck draft RTC for review by the CITY. For ease of review, Circlepoint will prepare this document using underline and redline strikethrough text to show changes. Final EIR and MMRP Final Response to Comments: CONSULTANT will incorporate final revisions from the CITY into the RTC document. Depending upon demand, CONSULTANT will provide additional copies at cost. The response to comments document in combination with the draft EIR will constitute the final EIR. Mitigation Monitoring and Reporting Program: CONSULTANT will prepare a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP will be prepared in the form of a spreadsheet matrix and will include all proposed mitigation measures, the party responsible for implementation, the party responsible for monitoring, and the monitoring action to be used to ensure compliance. The CITY will review and provide comments on the MMRP. CONSULTANT will revise the MMRP using redline strikeout and submit to CITY staff for final approval. CONSULTANT will finalize the MMRP after receiving CITY comments. Attend Public Hearings As discussed in Tasks A.3, CONSULTANT will attend two (2) public hearings; one Planning Commission and one City Council hearing for the certification and approval of the EIR. CONSULTANT will assist the CITY in preparing for the hearings and will be available to answer questions on the adequacy of the EIR. TASK D DELIVERABLES • NOP and Scoping Comments • Technical Studies: o AQ/GHG Report o Noise/Vibration Report o Biological Resources Report o Cultural Resources Report o Traffic Report (See Task E) • Administrative Draft EIR — 5 copies (1 electronic) • Screencheck Draft EIR — 2 copies (1 electronic) • Draft EIR 0 15 copies to the State Clearinghouse 0 25 copies (1 electronic) • Administrative Final EIR — 5 copies (1 electronic) • Final EIR —15 copies (1 electronic) TASK D ASSUMPTIONS • NEPA Is excluded from this scope of services. Page 25 of 34 BKF It: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project • Preparation of a detailed wetland delineation report adequate for project permitting or conducting a site visit with the U.S. Army Corps of Engineers to obtain verification of jurisdictional boundaries, is excluded. e It is assumed there is no Caltrans involvement in this Project, and that a %mile radius for the cultural records search is acceptable. e As the KWIC typically has a backlog of requests, a normal records search could take up to six weeks to complete. CONSULTANT recommends/assumes a Rapid Response records search be conducted, which will generate results within two to three weeks. Cost estimate to be confirmed by the KWIC. • No subsurface testing will be conducted as part of this proposal. However, under an authorized contract amendment, any cultural resources discovered during the survey will be recorded and evaluated for significance (California Register of Historical Resources eligibility) in accordance with the criteria in CEQA Section 15064.5 and 36 CFR 60.4. It is assumed the CITY will coordinate with other agencies (i.e., City of Dublin, City of Livermore and the County of Alameda) to solicit comments as they seem necessary on the administrative draftand MND). CONSULTANT will respond to one consolidated set of comments for the CITY. • No special status species surveys or permitting is assumed during the preparation of the EIR. • The scope of services does not include permitting consultation with agencies. • Mitigation measures to be described in the biological report will be of sufficient detail for CEQA review purposes. However, preparation of detailed habitat mitigation plans, should such plans be necessary in the future, and identification of mitigation sites (e.g., for special -status species' habitat) is not included within this scope of work. • This scope does not include conditions of agency permits and approvals, including the biological opinion and incidental take permit that may result in survey of monitoring needs. If such approvals contain additional requirements, we would be happy to perform those services and bill them on an hourly basis, or provide a separate proposal for those services. • CITY will distribute the Notice of Intent to Adopt to mailing list developed under Task A.3 (Public Meeting), and all other interested parties or stakeholders. • It is difficult to assess the efforts required to respond to comments received on the draft EIR by the public and agencies. The budget allocated for this optional task assumes a task -effort to respond to comments received on the draft EIR ("Response to Comments/Final EIR"). If the volume and types of comments received exceed the hours allocated for this task, an augment may be required to address the comments. • CONSULTANT assumes that the proposed alignment would not change significantly from the one analyzed in the EIR. • CONSULTANT assumes that no new technical studies or additional analysis will be required for the preparation for the EIR or as result of comments received during the scoping and public review period. TASK D OPTIONAL/ADDITIONAL SERVICES Public Hearing Meeting Recordation of Protected Resources --Architectural Resources Recordation of Protected Resources —Archaeological Sites or Resources Page 26 of 34 BKF#:20167083-10 October 11, 2016 Dublin Blvd -[North Canyons Pkwy Extension Project E. TASK E: DEVELOP ULTIMATE ROADWAY CAPACITY E.1 Traffic Study CONSULTANT will prepare a traffic study that will determine the ultimate capacity and configuration needed to operate the Dublin Boulevard/ North Canyons Parkway Extension. The study will involve travel demand forecasting and traffic operations to determine the capacity requirements for the Project. • Traffic Assumptions Assumptions Memorandum: Based on the discussion from the kickoff meeting in Task A, but prior to commencing with the traffic study, CONSULTANT will develop a memo describing the approach for the traffic analysis and all assumptions for study limits, data collection, validation, horizon years, scenarios, travel forecasting, traffic operations analysis, and CEQA support. This memo will be circulated to the CITY for review and comment. Study intersections: Based on a review of model comparison graphics (between 2040 plus project and 2040 no -project volumes), CONSULTANT assumes the following 10 intersections for analysis. The final list will be determined in coordination with CITY: 1. Airway Blvd / 580 EB ramps (Livermore) 2. Airway Blvd /580 WB ramps (Livermore) 3. Airway Blvd/ N. Canyons Parkway (Livermore) 4. Isabel/Portola Avenue (Livermore) S. Doolan Road / Dublin Boulevard Ext - future intersection - (Livermore) 6. Dublin Boulevard Ext/ new Access Road - future intersection (Dublin) 7. Dublin Boulevard Ext/ Fallon Road -future intersection (Dublin) 8. Fallon Road/ 580 EB ramps (Dublin) 9. El Charro Road/ 580 WB ramps (Livermore) 10. Dublin Boulevard Ext/Tassajara Road (Dublin) Alternative/Substitute Study Intersections: Other alternative intersections for substitution in the analysis will include the following 4 intersections: 11. Portola Avenue/Murrieta Blvd(Livermore) 12. Isabel Ave/ 580 EB ramps (Livermore) 13, Isabel Ave/580 WB ramps (Livermore) 14. Dublin Boulevard Ext/ Hacienda Blvd (Dublin) Study intersections have been determined in coordination with CITY. Extending the traffic study to cover more than 14 study intersections is considered additional work and scope/fee can be provided upon request. Page 27 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project It is assumed that available Synchro models from CITY will be provided to CONSULTANT. CONSULTANT will stitch models together and update any necessary assumptions including lane geometries and signal phasing. a. Review Background Documents Existing/Background Documentation: CONSULTANT will collect and review all land use and background information including all relevant policies, action plans, general plan/specific plans and traffic impact fees. The General Plans of Dublin, County, and Livermore together with the BART to Isabel DEIR and the Isabel Avenue Station Area Plan will be reviewed. CONSULTANT will also review the ACTC Capital Project Delivery Plan to facilitate coordination with the 580 Freeway Corridor Management System Project. A listing of background documents to be provided to CONSULTANT, and/or online links shared, by CITY will be provided by CONSULTANT at the kick-off meeting under Task A.1. b. Existing Conditions Counts: The purpose of this task is to describe the existing conditions in the Project vicinity. This will establish the setting of the study area, and calibrate both travel forecasting and traffic operations analysis models. CONSULTANT will analyze up to fourteen (14) study intersections as listed above, during the AM and PM peak hours. CONSULTANT will coordinate with the CITY to obtain all traffic counts from available CITY sources. The counts are assumed to include bicycle, pedestrian, bus and truck flows at the 14 study intersections. If study intersection counts are not available, or the specific assumed data at each intersection is not available, or if the CITY is interested in updated/current traffic counts that capture recent local and regional transportation projects in the area, an optional service has been identified for Traffic Counts for 14 Intersections. Upon written authorization, CONSULTANT will mobilize a reputed data collection firm to collect intersection turning movement counts at the study intersection during the AM and PM peak periods, including bicycle, pedestrian, bus and truck flows. Additional study intersection counts/analysis beyond 14 is considered additional work, and scope/fee can be provided upon request. Field Visit: A field visit will be conducted to inventory existing geometrics and operational characteristics at the study intersections. CONSULTANT will identify existing deficiencies in the study intersections based on operational analysis and field visit. Accident Experience: CONSULTANT will also obtain collision records in the study area for the most recent three years available using the Statewide Integrated Traffic Records System (SWITRS) and document the trends. Page 28 of 34 BKF #: 20167083-10 October 11, 2016 c. Travel Forecasting Dublin Blvd -North Canyons Pkwy Extension Project Preliminary Forecasts for Design Constraints: Prior to the model being fully prepared for the detailed traffic analysis, CONSULTANT will run the model and provide preliminary forecasts with the available demand model to identify design constraints early on (under Task B) in order to help guide the preliminary design and minimize impacts. Development of Future Traffic Volumes: CONSULTANT proposes to use the latest version of the Alameda CTC Countywide travel demand model with a base year of 2015 and a long range future horizon of 2040 and utilizing the latest ABAG land use Projections (Plan Bay Area). For consistency, CONSULTANT plans to use a version that BART recently developed for the 1-580 BART Extension to Isabel Avenue DEIR; this will provide a reasonable model validation in the study area, and conform to any network and zone enhancements by the BART team. Based on information gathered, CONSULTANT will verify that the model adequately represents the general plans and approved/pending development projects particularly within the study corridor by reviewing all relevant background reports. CONSULTANT will work with CITY to determine appropriate local access to the new extension using resources like the Dublin General Plan and Fallon Village EIR, together with other more recent studies. The model will be used to develop existing, 2025 and Cumulative (2040) traffic volumes and conditions on the roadway segments for no -project and plus -project scenarios. The model will be reviewed to ensure it includes all the PDXs and matches the general plans within the study area. CONSULTANT will review the traffic analysis zones (TAZ's) in the study corridor to ensure they are small enough to provide reasonable traffic volumes at local crossings to the new extension. If necessary, CONSULTANT will split TAZs in the corridor to improve traffic loading at all cross streets. The 2040 Cumulative no -project forecasting will need to include assumptions for the BART to Livermore Extension (BLVX) in the model. Since the BLVX EIR is currently in process, the team will coordinate with the BLVX team prior to finalizing the forecasting assumptions. At a minimum, the team may opt to include the most conservative assumptions for a BART extension, most likely an Express Bus alternative; this determination will be assessed by the CONSULTANT and closely -coordinated with the CITY prior to proceeding with forecasting, modeling, and operational analysis. The transit network will be current and include all transit plans for LAVTA Wheels service. The forecasts will account for transit and highway assumptions included in the MTC RTP and Countywide Transportation Plan, including BART extensions and 1-580 Express Lanes. Page 29 of 34 BKF M 201.67083-1.0 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project CONSULTANT will also make incremental adjustments to the raw model forecasts to minimize model error and improve the model prediction compared to counts. The forecast task will include select link analysis to quantify local vs regional traffic proportions and include sensitivity runs to ensure the traffic forecasts are reasonable and not a product of model oscillation due to proximity to the freeway in a congested corridor. The validation and forecasts will be submitted electronically for review by the CITY. CONSULTANT will then implement the model for the following horizon years and scenarios; • Existing • Existing plus 4-lane project • 2025 no -project • 2025 plus 4-lane project • 2040 no -project • 2040 plus 4-lane project • 2040 plus 6-lane project In addition to the modeling, CONSULTANT will use a number of tools to verify the forecasts, including: • Select link analysis will be conducted to quantify local versus regional traffic proportions. • Volume difference graphics will identify diversion traffic from 1-580 and other routes. • Sensitivity runs will be conducted between the no -project and project scenarios to ensure the forecasts are reasonable and not the result of model assignment oscillation. Traffic results will be extracted at up to 14 intersections and key segments for AM, PM and ADT time periods, and adjusted based on existing counts to minimize model error. The final adjusted forecasts will be used in the traffic operations analysis to conduct level of service and identify impacts and feasible mitigations. VMT and other measures will also be extracted to quantify the performance of the project, to satisfy recent legislation for SB 743, and provide inputs into the CEQA document and Air, Noise and GHG analysis. Induced demand will be accounted for using the Alameda CTC model by varying the trip distribution assumptions between the no -project and project forecasts. This will capture any induced demand from Livermore/ County or from the San Joaquin valley as a result of the project. However, the team has agreed to maintain the land use assumptions constant between the no -project and project scenarios. VMT outputs will be consistent with the II,]X,XI,XX format per SB 743 and GHG analysis requirements and will include outputs for all scenarios for 2015, 2020, 2040. d. Traffic Operations Analysis Page 30 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project Operational Analysis: CONSULTANT will use the traffic forecasts to develop a traffic operations analysis using Synchro/ Simtraffic software to identify potential impacts (benefits and dis-benefits) at the study intersections. The operational analysis will determine lane configuration at the intersections and estimate turn pocket storage requirements to accommodate queues. The intersection features will account for both auto and non -auto modes, including potential transit lanes and queue jumps. Forecast volumes for the horizon years and 5 scenarios will be used to perform a full range of traffic analyses at the 14 study intersections and key freeway segments during the AM and PM peak hours, similar to those performed under existing conditions. CONSULTANT will identify the traffic deficiencies (level of service and queues), based on the General Plan policies, for the forecast year conditions without the project. Identified future deficiencies will be inventoried and overlaid onto aerial pictures. CONSULTANT will determine the Project related potential impacts (benefits or dis-benefits) using the "plus project" analyses and identify improvements to mitigate impacts. Once the priorities are established, in coordination with the CITY, CONSULTANT will re-examine all applicable currently planned/ programmed improvements. Improvements would be modified and/ or new improvements identified. Up to 14 study intersections will be included in the Traffic Operations Analysis. CONSULTANT will utilize the operational analysis to refine the design features at the existing intersections just east and west of the extension and new intersections along the extension. Transit Analysis: The extension will serve WHEELS buses. While a quantitative analysis of transit performance is not included, CONSULTANT will leverage operational analysis results in terms of delays and queues to predict transit delays and on -time performance. Appropriate and feasible treatments will be recommended to improve bus performance. Given the Dublin Boulevard corridor provides transit priority at various signals with a queue jump lane at an intersection, there might be desire to extend some signal infrastructure and operations through the extension. CONSULTANT will provide a qualitative assessment of potential impacts (benefits and dis-benefits) on auto and transit performance as result of transit priority and/or queue jump lanes. Our qualitative assessment will involve VMT and ridership analyses. Multimodal Analysis - The analysis will qualitatively examine potential effects on existing transit, pedestrians, and bicyclists. CONSULTANT will review existing conditions and proposed design alternatives to qualitatively summarize non -motorized access and circulation along Dublin Boulevard. The summary would focus on access to new roadways from the east and west and consistency with the adopted plans and policies. CONSULTANT will identify suggestions for improving non -motorized circulation in the study corridor that may include sidewalk buffers, painted bike -vehicle conflict zones, overall roadway design changes, and the pedestrian -bicycle dedicated path. e. Traffic Study Memorandum Page 31 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project Draft Traffic Study Memorandum: CONSULTANT will prepare a draft technical memo summarizing methodology, results, key findings and recommendations from the tasks above. The memo will include requisite tables and exhibits, and be incorporated into the CEQA IS/MND, The draft report will be formatted per CITY requirements and for consistent inclusion into the CEQA EIR section. Review and Resolve Comments: CONSULTANT will review comments made on the draft traffic study memorandum and engage with the CITY to resolve, respond, and clarify any issues or comments raised. One consolidated set of comments and responses is assumed. Additional comments from the public will be responded to following the 45-day DEIR public review period. Final Traffic Study Memorandum. CONSULTANT will produce a final draft of the final traffic study memorandum incorporating one consolidated set of comments from the CITY. The final draft will be circulated to the CITY for their review. The final report will address CITY comments. As discussed in Task A.3, CONSULTANT will attend 2 CITY public hearings (Planning Commission and City Council Meeting) to support the traffic aspects, questions and comments during the EIR certification/approval process. TASK E DELIVERABLES • Traffic Assumptions Memorandum • Design Constraints (preliminary forecasts with the available demand) • Draft Traffic Memo • Final Draft Traffic Memo TASK E ASSUMPTIONS • New updated traffic counts for up to 14 study intersections will be collected to account for the recent 1-580 Express Lane project conditions. The new counts will include intersection bicycle, pedestrian, bus and truck flows. The traffic count format will be based on turning movement counts (TMC) and not involve counter tubes; large -sized trucks will be counted, however truck axles will not be classified. • CITY will provide requested background documentation • Per discussions with ACTC, a CMP Analysis per the Alameda CTC's Land Use Analysis Program will not be required at this time and has been excluded from this SOS. TASK E OPTIONAL/ADDITIONAL SERVICES • Additional study intersection traffic counts Page 32 of 34 BKF #: 20167083-10 October 11, 2016 Dublin Blvd -North Canyons Pkwy Extension Project Proposed Project Budget Scope/Fee Summary: BKF proposes to provide the services described above on a total, including contingencies, not to exceed (NTE) fee basis of $615,000 BKF will invoice our services as summarized in the attached Prelinninary "ineering Study for Dublin Boulevard -North Can ons Parkway Extension - Project Budget Scope/Fee Sum Optional Services: At your request and authorization, BKF can provide the following optional services on a time and materials, NTE fee basis as summarized in the attached Preliminary Engineering Study for Dublin Boulevard -North Canyons Parkway Extension - Project Budget Scope/Fee Summary, 1. Archeological Site Recordation and Assessment 2. Architectural Site Recordation and Assessment 3. Additional Public Nearing Meeting 4. Additional Public (Open House) Meeting 5, Additional Focus Meeting 6. Additional City (or County) Council Meeting 7. New Aerial Planimetric Mapping 8. Supplemental Topographic Mapping (Survey-- 3 Days) Page 34 of 34 BKF #: 20167083-10 EXHIBIT B COMPENSATION SCHEDULE x f 111 199� oil milli i■■■■Honneo �■ �191�18 ��11' �� oil �I �I0�N01B �I9�i0�1 ��el ■Om10 u n �19 I�A9 I�NII91NN�dN1�l� oil mN�iw■i imeenimo � ION■11110111 HIM I ����a�unon��� ■IR���09����ii� �IllIIila i I- 19111 11 no gum �� omeme���������Bil■iomome�o�omoma umm �m ATTACHMENT A AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BKF ENGINEERS WHEREAS, on November 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and BKF Engineers (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for preliminary engineering and environmental work on Dublin Boulevard extension to North Canyons Parkway in Livermore Project (hereinafter referred to as the "AGREEMENT'); and WHEREAS, the work on the Project is proceeding satisfactorily as per the schedule; and WHEREAS, the term of said AGREEMENT is expiring on June 30, 2018; and WHEREAS, CITY and CONSULTANT now desire to extend the terms of the AGREEMENT an additional 12 months until June 30, 2019; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to add the preparation and certification of an appropriate environmental document under the National Environmental Protection Act regulations; and WHEREAS, the compensation schedule of the CONSULTANT has been updated to reflect 2017 compensation rates; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $615,000 to a not -to -exceed amount of $901,485. NOW THEREFORE, for good and valuable consideration, the sufficiency oI which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Extension of Term: The AGREEMENT is amended to extend the termination date to June 30, 2019, 2) Revised Exhibit A: Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 3) Revised Exhibit B: Exhibit B (Compensation Schedule, and consultant hourly rate sheets) of the AGREEMENT is amended per the attached. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B through December 31, 2017, Starting January 1, 2018 hourly fee rates may be no more than 4% adjusted annually. The first adjustment to the hourly fee rate shall be January 1, 2018. This hourly fee rate adjustment will not change the not - to -exceed amount of $901,485. ATTACHM ENT A 4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: 4ul, By: L. Foss, City Manager ATTEST: By: BKF Engineers Dated: g/21//q By: Gordon C. Sweet, PE Vice President BKF Engineers EXHIBIT A June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) SCOPE OF SERVICES —AMENDMENT FOR NEPA CLEARANCE This scope of services, and the attached Summary of Scope and Hours, amends the current and ongoing professional Civil, Environmental and Traffic Services provided by BKF Engineers (BKF), Circlepoint (CP), and Kitteison Associates Inc (KAI) to provide National Environmental Policy Act (NEPA) environmental clearance for the Dublin Boulevard -North Canyons Parkway Extension (Project). The scope of services is specifically to provide the City of Dublin, in concert with the City of Livermore, Alameda County, and Alameda County Transportation Commission (ACTC), with supplemental NEPA environmental clearance for the Project, in conjunction with the ongoing California Environmental Quality Act (CEQA) environmental clearance and preliminary engineering services, as specified in the Consulting Services Agreement (CSA) Between the City of Dublin and BKF Engineers (November 1, 2016 Effective Date). The California Department of Transportation (Caltrans), as assigned by FHWA, will be the lead oversight agency for NEPA compliance for the Project. As a local agency Project pursuing and making itself eligible for federal funding improvements "off" the State Highway System (SHS), Caltrans District 4, Office of Local Assistance, will be responsible for approving the environmental documentation for NEPA compliance. The NEPA process will adhere to Chapter 6, Environmental Procedures of the Local Assistance Procedures Manual (LAPM). For the purposes of this scope of services and coordination, the City of Dublin in concert with the City of Livermore, County of Alameda, and Alameda CTC, is herein referred to as CITY. For the purpose of clarity and to show the relationship of the supplemental NEPA components as part of the CEQA process, this scope of services has been broken down using the same format/task designation as the CSA. A. TASK A: PROJECT COORDINATION A.1 Stakeholder Coordination/Project Management — As part of Project Management, BKF will coordinate and provide team leadership and general project management services during the NEPA environmental clearance process. Management activities will consist of project management, administration, invoicing/progress reports, coordination, attending meetings (agenda, meeting minutes, and action logs), submittal logs, coordinating comments/responses, and quality control. BKF/CP, with input from the Department of Transportation (Caltrans), will establish a Project Development Team (PDT) for this project. The purpose of the PDT meetings is to provide a forum to share project information, identify critical issues, make decisions, assign project tasks, identify design criteria, or other items critical to project delivery. Page 1 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) Meeting will be scheduled to coordinate with the PDT or conduct focus meeting or joint resolution team (JRT) discussions on comments/responses. The frequency and type of meetings is flexible based on the assumed number of meeting and will can be adjusted on an as -needed basis. BKF/CP will prepare agendas for each meeting and distribute them to the PD prior to each meeting. BKF/CP will facilitate the meetings as applicable and prepare meeting minutes with action items. As part of this task, BKF/CP will hold a project kick off meeting following the Notice to Proceed and will attend the Caltrans field review meeting as part of the PES. For a breakdown of scoped meetings, see the table to follow. A.2 Meetings/Coordination with Others —Not Used (!t is assumed that the scope and type of meetings established under Task A.2 of the CSA will satisfy NEPA requirements related to coordination with others). A.3 fE0}1 EIR Meetings —Not Used (R is assumed that the scope and type of meetings established under Task A.3 under the CSA will satisfy any NEPA requirements related to Public Scoping, Public (Open House), Public Meetings/Hearings During the OR Public Review Period, and Public Hearings/Planning Commission/City Council Meetings.) Scoped Meetings: See Task: Description CP BKF KAI NEPA Meetings = Caltrans A,1 CT Kick -Off Meeting 1 1 1 A.1 CT PES (Field Review) Meeting 1 1 A.1 CT PDT/Focus/Comment JRT Meetings 10 6 1 Total 12 8 2 TASK A Deliverables: Meeting agendas, sign -in sheets, minutes,. action log, schedule, and other standard meeting materialI as appropriate TASK A Assumptions: • Separate or additional Public Scoping, Public (Open House), Public Meetings/Hearings during the EIR Public Review Period, and Public Hearings/Planning Commission/City Council Meetings are not anticipated to be required as part of the Caltrans NEPA approval process; however, depending on the controversial nature of the project, additional meetings may be needed in accordance with the Caltrans Standard -Environmental Reference (SER) Guidelines. Page 2 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) Be TASK B: PRELIMINARY R/W ANALYSIS & BASE MAPPING - Not Used C. TASK C: PRELIMINARY DESIGN &COST ESTIMATE As referenced in FHWA's Environmental Review Toolkit for NEPA and Project Development, "all reasonable alternatives, or the reasonable range of alternatives, should be considered and discussed at a comparable level of detail to avoid any indication of a bias towards a particular alternative(s)." The CSA for CEQA/preliminary engineering includes several alternatives related to traffic analysis, including no - build, 4-lane, and 6lane configurations. Similarly —the geometric design alternative development in Task C includes exploring several alternatives related to cross section, alignment variations, and profiles. However, the purpose and need of this project is the extension/connection of Dublin Boulevard and North Canyons Parkway between Fallon Road and Doolan Road, which is limited to an alignment that can vary, but connects/conforms at these current intersections termini locations. As part of the NEPA environmental clearance, BKF has set aside budget to explore the identification, consideration, and analysis of alternatives, including exploring and objectively evaluating reasonable alternatives and for alternatives which are (or were) eliminated. Alternatives discussed will include the CEO,A alternatives studied in the traffic report, iterations developed, as well as reasonable alternative not within the jurisdiction of the lead agency and no build/no action TASK C Deliverabieso- • Documentation and narratives of the evaluation of reasonable alternatives in support of the NEPA environmental clearance. TASK C Assumptions: • Geometric design development, environmental clearance, and/or traffic operational analysis of new geometric alignment alternatives that connect to locations other than the project termini at Dublin Blvd/Fallon Rd and North Canyons Parkway/Donlan are excluded. D. TASK D: PREPARE NEPAANALYSIS Preliminary Environmental Study (PES) CP will complete Caltrans' PES, which consists of two parts: 1) a four -step preliminary environmental investigation, and 2) completion of the PES form. The preliminary environmental investigation includes the following tasks: 1. The development of a complete project description which addresses independent utility and logical termini, existing and proposed cross sections, and project map; 2. A review of relevant literature, maps and inventories; 3. A request for technical information from resource and regulatory agencies; and 4. Verification of research findings in the field (site visit), and field review with Caltrans staff. Page 3 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) CP will complete the preliminary environmental investigation steps outlined above. Completion of the PES environmental process is intended to provide Caltrans with the information needed to determine the level of environmental documentation needed for NEPA compliance. All actions will be conducted in accordance with Caltrans' local assistance procedure manual (LAPM), Chapter 6. An electronic administrative draft of the PES form prepared by CP will be submitted for review and approval by the project team and CITY, prior to submitting to Caltrans. CP will revise the administrative draft document based one consolidated set of comments received from the project team and/or the CITY. CP will prepare the final PES (up to 15 printed copies) for the Caltrans field review meeting. Technical Studies& Environmental Document All deliverables completed under this task will conform to the SER and/or applicable federal, State, or local guidelines and regulations. Assumptions on the level of documentation required are included, where applicable. For the purposes of this scope of work, an Environmental Assessment (EA) leading to a Finding of No Significant Impact (FONSI) is assumed. Technical Studies The environmental technical studies discussed below will support the environmental document for the Project. As noted above, the studies will be prepared in accordance with the guidance from Caltrans (including the SER) and input from relevant resource agencies and local jurisdictions. Per Caltrans guidelines, the technical studies must be completed and approved by Caltrans staff prior to the commencement of the environmental document. An administrative draft of each technical study will be submitted to Caltrans for review. It is assumed that a comment/resolution matrix will accompany comments from Caltrans, so that a record of requested revisions is available for each technical study. The project team will revise the technical study per Caltrans comments and complete the matrix indicating how comments have been addressed. Individual meetings with Caltrans reviewers will be held to address unresolved comments followed by the preparation of a final version of the technical study. Four (4) standalone reports (technical studies) are currently being prepared for the Project as part of the CSA. The budget for this scope of work assumes that the technical studies for the NEPA component will build upon those scoped studies. The following additional services will be required to complete each technical report to Caltrans standards listed below. 1. Biological Resources Report: Natural Environmental Study (NE51 HT Harvey &Associates (HTH) will use the data collected for the EIR under the CSA as the basis for preparing an NES per Caltrans guidelines. This NES will include a description of the project, the biological resources present within the project area, potential impacts on those resources, and mitigation measures for such impacts, as Page 4 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) appropriate. The budget for this task assumes that much of the information in the Biological Resources Report (currently being prepared for the EIR) can be used as the basis forthe NES analysis, and that this report, including impacts, would be completed prior to the NES being drafted for optimal efficiency. Biological Assessment HTH will prepare a draft biological assessment (BA) document. The document will be drafted according to U.S. Fish and Wildlife Service (USFWS) guidelines if the U.S. Army Corps of Engineers (USAGE) will serve as Section 7 lead, or according to Caltrans format guidelines if Caltrans will serve as the Section 7 lead. In either case, the information presented will be the same, and the purpose of the document will be conducting the Section 7 Consultation with the USFWS. The draft BA will be submitted to CP for review. It is anticipated that the revisions to the draft BA will be relatively minor. If significant revisions are required then additional budget would be required. This task also includes time to respond to one set of comments from Caltrans. It is assumed that FESA Section 7 consultation will be conducted by the USAGE or Caltrans. However, during the consultation process, it is usual for the USACE or Caltrans to need supporting documentation from the local agency. HTH has assumed a moderate to high level of effort and coordination will be required to address comments on biological resources issues. If the volume of comments is higher than anticipated (i.e., exceeding the number of hours budgeted for this task), a budget augmentation may be required. Additional Biological Resources Report Prior to a scoping discussion with Caltrans, it is unknown at this time whether the following three additional service components may be required by Caltrans to supplement the Biological Resources Reports. Potentially complicating things are items discussed and mentioned at our prior Resource Agency Meetings, which suggest certain aspects, such as jurisdictional delineation, protocol -level rare plant surveys, and incidental take permit (ITP), may be needed regardless of NEPA clearance. Based on these unknowns and to manage the risk, we have included the following 3 tasks/services/reports into our scope and fee: 1. Incidental Take Permit HTH will prepare a California Endangered Species Act (CESA) Section 2081 Incidental take permit (ITP) application requesting take approval for the California tiger salamander at the project site. The ITP application will include a description of the project; background information regarding the California tiger salamander and its potential occurrence and distribution on the project site; an analysis of project impacts on this species; and proposed avoidance, minimization, and compensatory mitigation measures. Page 5 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No, 1 Exhibit A (Scope of Services) This task includes some time for HTH senior staff to coordinate with the CDFW following submittal of the 2081 application, and to coordinate with the project team and others as necessary regarding potential mitigation requirements. Because the amount of coordination necessary to identify suitable mitigation and obtain an ITP from the CDFW cannot be known at this time, additional budget may be necessary if the required effort exceeds the hours listed in this task in the attached budget spreadsheet. HTH has assumed that the only state -listed species for which incidental take approval will be needed is the California tiger salamander, although the potential for the San Joaquin kit fox to be impacted by the Project will also be addressed. During the ITP process it is usual for coordination to be required between the applicant team and CDFW. HTH has assumed a moderate to high level of effort wIll be required to address comments on biological resources issues and determine mutually agreeable mitigation. If the volume of comments or degree of coordination is higher than anticipated (i.e., exceeding the number of hours budgeted for this task), a budget augmentation may be required. 2. Jurisdictional Delineation Report HTH will conduct detailed field surveys for, and prepare a technical report summarizing the methods and results of the field survey of regulated habitats. This report will be prepared to report specifications developed by the USAGE and thus will be of sufficient detail for agency review and a jurisdictional determination (in the case of the USACE). It will include a brief description of existing conditions, description of field techniques employed in the delineation, wetland data sheets, and copies of aerial photographs and maps that show the extent of regulated habitats on the Project site. This report is an important permit support document that is submitted to all applicable agencies as part of the permit application materials. Following the submittal of the wetland delineation report to the USAGE, HTH will meet with staff of the USAGE on the project site to verify the delineation of jurisdictional waters. Revisions will be made to the technical report and accompanying maps, if necessary, after the site visit with USACE representatives. HTH has assumed additional time to coordinate with the USAGE regarding biological conditions (existing and proposed), as necessary. 3. Protocol -Level Rare Plant Surveys Depending upon the results of the database review and site surveys for the project, protocol -level surveys for special -status plants may be necessary. CP anticipates a total of two to three site visits would be necessary to effectively bracket the blooming periods of any species determined to potential occur on the Project site. If any special -status plants are located on the site, the number of Page 6 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) individuals found will be counted and the location surveyed via GPS. At the conclusion of the field surveys, the results will be presented in a brief report summarizing the survey methods and our observations. 2. Cultural Resources Assessment Report: Area of Potential Effects Map WSA will prepare both a horizontal and vertical Area of Potential Effects (APE) map for the project that will be presented on a scaled map of the area, with individual structures shown within the area of the APE. The APE maps must be approved and signed by Caltrans as the Lead Agency prior to conducting any further cultural resource studies. WSA will coordinate with the Caltrans District 4 to develop and obtain approval of the requisite APE maps of the project area. For purposes of this scope of work, WSA assumes that no historic (over 45 years of age) architectural structures will be present in the horizontal APE. Caltrans typically requires geomorphological analysis in the form of a geoarchaeological soils sensitivity map. WSA will also prepare this map for inclusion in the ASR, as discussed below. Records/Literature Search As part of the EIR efforts, WSA has received the results of a records search conducted for the project, using a X' mile radius surrounding the proposed project alignment. Caltrans requires a radius of one mile as the records search buffer. To meet this requirement, WSA will request the California Historical Resources Information System, Northwest Information Center at Sonoma State University to conduct a record search of the additional %-mile radius surrounding the horizontal APE. All previous cultural resource surveys, known historic or prehistoric sites, and listed or eligible National Register of Historic Places properties within the expanded records search area will be identified. Copies of applicable site records and survey reportswill be made as necessary, and site locations will be plotted on USGS quad sheets. State and local historic site inventories will also be reviewed to identify the presence of any listed sites within the records search area. WSA will contact the Alameda County Assessor's office and the Alameda County Historical Society for background pertinent to the historic development of the area. Archaeoloeical Survey As part of the EIR process, and in accordance with CECtA Sections 15064.5 and 15126.4 and the requirements of Section 106, as a means of evaluating the potential impacts to cultural resources, unless recently surveyed by qualified archaeologists (as evidenced by a competent report on file at the NWIC), a WSA archaeologist meeting federal criteria under 36 CFR 61 will conduct a pedestrian archaeological survey of the project area. This is intended to be an intensive survey of the project area conducted to meet the requirements of CEQA and Section 106. The pedestrian survey conducted as part of the EIR will be used to evaluate potential project impacts to cultural resources for the NEPA document. For purposes of this proposal, it is Page 7 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) assumed that there are no architectural resources over 45 years of age within the project area that will require documentation and assessment, and that no previously recorded or newly discovered archaeological resources will be identified either in the expanded records search or during the survey. In compliance with requirements of Section 106, WSA will conduct periodic shovel test probes along each survey transect to determine if there is any evidence of subsurface deposits that is not readily apparent on the surface. Report Preparation As required under Caltrans guidelines; a Historic Property Survey Report (HPSR), an Archaeological Survey Report (ASR), and all pertinent supporting documents will be prepared describing the results of the records search and will include an environmental, cultural and historical context section; the results of NAHC consultation and the archaeological survey, and recommendations. For purposes of this scope and cost, WSA assumes no architectural or built resources 45 years of age or older will be identified within the APE and that preparation of a Historic Resources Evaluation Report (HRER) will not be necessary. If preparation of the HRER is required, it will be prepared under contract amendment. Upon acceptance of the final reports by Caltrans, one copy of each will be sent to the NWIC, as required. 3. Air Quality/Greenhouse Gas Report/Energy: Illingworth & Rodkin will use the data collected for the stand-alone air quality report for the EIR as the basis for preparing an Air Quality Technical Report per Caltrans guidelines. The Air Quality Technical Report will include a section on mobile source air toxics (MSAT) and greenhouse gases (GHG). Illingworth & Rodkin will also prepare the Air Quality Conformity Checklist that addresses ozone precursor, Particulate Matter (PM) 2.5 and CO impacts per Caltrans guidance. 4. Noise Study Report: Illingworth &Rodkin will use the data collected for the stand-alone noise report for the EIR as the basis for preparing a Noise Study Report (NSR) per Caltrans guidelines. The NSR will include a description of the project, the fundamentals of traffic noise, a summary of the applicable regulations and policies, study methods and procedures, a summary of the existing noise environment, a summary of the future predicated noise environment, impacts, and considered abatement, and a discussion on construction noise In addition to the reports described above, the following additional technical studies listed below may need to be completed. Page 8 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) Visual Resources: CP will use the Caltrans' Visual Impact Assessment Guide to determine what level of visual impact analysis will be required for roadway extension improvements and will prepare a Visual Resources Technical Memorandum to evaluate the aesthetic compatibility of the proposed project with the surrounding area. Given that scale of the roadway, the improvements are likely to score a "noticeable visual change" to the physical character of the area, an abbreviated Visual Impact Assessment (VIA) is likely the appropriate level of reporting. The assessment would briefly describe the project features, impacts and any avoidance and minimization measures. Visual simulations would be optional. 6. Community Impact Report: CP will prepare a community impact report (CIA) that documents any necessary right-of-way acquisitions, temporary easements, and/or utility relocations that would be required as part of the project, as well as growth, The CIA will document how the project is not physically dividing a community or having disproportionate impacts on environmental justice communities. CP will work closely with BKF to determine if any potential displacements would be required as part of the project. If displacements were to occur, the CIA would analyze impacts related to relocation and displacement, in coordination with Caltrans. The analysis would include a discussion of the characteristics of the existing housing stock and business establishments in the affected area. Section 4(f) No Effect Memorandum: CP will prepare a No Effects Memorandum to document any resources protected under Section 4(f) in the vicinity of the project. CP assumes this to be a simple Section 4(f) No Effect memo as no "use" of a Section 4(f) resource is anticipated. 8. Environmental Commitment Record: CP will prepare the Caltrans Environmental Commitment Record (ECR) form that documents all standard avoidance measures that would be implemented as part of the project (i.e., restrictions on construction period noise, etc.). The ECR serves as a tool for tracking environmental commitments that need to be incorporated into the construction bid package for the project. Page 9 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) In addition to the previous 5 technical studies described above, the additional technical studies may need to be completed. 9. Preliminary Hydraulics Analysis Memorandum: A preliminary hydraulic analysis memorandum will be prepared by BKF, which covers the project's preliminary drainage and hydraulic components including floodplain, location hydraulic study (as needed). A separate hydraulic/ hydromodification impact study is not anticipated to be required as part of the NEPA, and is excluded. 10. water Quality Memorandum: A water quality memo will be prepared by BKF, evaluating construction and operational related water quality and hydrology impacts. The memo will be based on the preliminary hydraulics analysis memorandum, and will primarily evaluate and focus on construction related impacts to water quality and prescribe BMPs to make construction impacts less than significant. 31. Geotechnical Memorandum: In support of the NEPA, Geocon will perform afeasibility-level review to evaluate the background geologic setting along the proposed roadway extension and Identify geotechnical constraints that may impact the project. The study will include a site reconnaissance, document review and preparation of formal letter/memorandum report. The scope includes: • Review relevant project information provided by BKF, the City of Dublin, the City of Livermore or Alameda County • Review geotechnical and geologic reports, aerial photographs (including stereoscopic pairs, if readily -available through local vendors), and other data in our files. ■ Perform a site reconnaissance to observe surface conditions along the alignment with particular attention paid to the apparent stability of existing slopes and creek banks. ■ Prepare a formal letter/memorandum report with preliminary opinions on the geotechnical feasibility of the project, potential geotechnical constraints and geologic hazards to the project, and recommendations for the scope of design - level geotechnical studies and/or geologic hazard evaluations. Existing information will be reviewed, and although no field exploration work is proposed for this phase, a site review and data research will be conducted. The geotechnical memorandum will define the general site soil, rock, and groundwater conditions, implications/issues pertaining to project planning and design, and provide preliminary design criteria and recommendation for necessary investigations for design. Page 10 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance rITTITIrk Me Exhibit A (Scope of Services) 12. Hazardous Waste Technical Memorandum/Initial Site Assessment (ISA) Phase I: The purpose of the Hazardous Waste Technical Memorandum or ISA Phase I will be to provide a general evaluation of soil or groundwater contamination conditions along the Project route that could potentially impact the Project, as well as to evaluate the potential impacts associated with the project itself. The work is designed to identify the presence of known contaminated sites in the Project vicinity listed on the State Water Resource Control Board (SWRCB) GeoTracker website or other regulatory agency databases. Investigation do not include any soil, groundwater, or other hazardous materials sampling and analysis. The Hazardous Waste Technical Memo/ISA Phase I would also identify additional investigations recommended to be performed during the final design phase. 13. Traffic Operations -See Task E Below Environmental Documentation The EA will be prepared, circulated, and finalized in combination with the CEQA EIR currently being prepared for the CITY as part of the CSA. Summaries of the technical reports and other analyses will form the basis for the environmental document. The format and content of the EIR/EA will be in accordance with Caltrans SER and Environmental Handbook, and FHWA Technical Advisory T6640.8A and follow the Caltrans/FHWA annotated outline for joint EIR/EA documents. The team also will use Caltrans and FHWA QA/QC checklists to ensure the EIR/EA is complete and consistent with all state and federal requirements. The City will review the administrative draft EIR/EA before it is provided to Caltrans for review. Administrative versions will be provided to Caltrans for review after the City completes its review and authorizes release to Caltrans. EIR/EA for Public Review: Following reviews by Caltrans, a screencheck version will be prepared for approval by the City and Caltrans to circulate. Comments and Final EIR/EA: Upon completion of the public review period, CP will collect all comment letters received and prepare responses to each substantive comment. If necessary, revisions to the text of the EIR/EA will be made in response to the comments received. Additions and other modifications to the text shall be marked with a vertical line on the outside margin for review purposes. The final Mitigation Monitoring Plan and Permits, Approvals and Mitigation (PAM) form will be included in the final EIR/EA. Page 11 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) Task D Deliverables: • Draft and Final FES Form (PDF and 3 hard copies) • Draft and Final Technical Studies (PDF and 3 hard copies) • Two Draft Administrative Environmental Documents for Caltrans Review and Comment • Draft Environmental Document for Public/Agency Review Public Hearing • Two Draft Administrative Final Environmental Documents for Caltrans review and comment • Final Environmental Document Task D Assumptions: In formulating our cost estimate, we assumed the following: • Except as noted above, no focused or protocol -level surveys are included in the proposed scope of work. • A separate tree survey is not included in this proposed scope of work, however, the trees on the site will be surveyed and evaluated for the purposes of CECtA analysis in the EIR as part of the CSA. • Mitigation measures to be described in the technical reports and environmental document will be of sufficient detail for NEPA review purposes. However, preparation of detailed habitat mitigation plans, .should such plans be necessary in the future, and identification of specific mitigation sites (e.g., for impacts to special -status species' habitat) is not included within the currently proposed scope. • No permitting or resource agency coordination is included in this scope of work. • This scope of work does not include conditions of agency permits and approvals, including the biological opinion and ITP that result in survey or monitoring needs. • It is assumed Caltrans will provide copies of cultural reports to SHPO. • Responding to two rounds of comments from Caltrans staff is assumed; excessive coordination and multiple rounds of comments will be considered additional work; however, a contingency budget has been added to the attached Summary of Scope and Hours to cover the possibility of costs of additional reviews and other unforeseen circumstances. • The scope of work builds upon the EIR currently being prepared for the CITY as part of the CSA. • Geometric design development, environmental clearance, and/or traffic operational analysis of new geometric alignment alternatives that connect to locations other than the project termini at Dublin Blvd/Fallon Rd and North Canyons Parkway/Doolan are excluded. • A separate Relocation Impact Report is excluded from this scope of services. Page 12 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No, 1 Exhibit A (Scope of Services) TASK E: TRAFFIC STUDY Since the Project is not on the SHS, a Caltrans-format Transportation Operations Analysis Report (TOAR) is not anticipated or required as part of the NEPA clearance. The current scoped CEQA EIR Traffic Study is assumed to satisfy NEPA traffic analysis requirements in its current format and scope, including providing comparable operational analysis/details for all project alternatives, which includes the following horizon years and scenarios: • Existing • Existing plus 4-lane project • 2025 no -project • 2025 plus 4-lane project • 2040 no -project • 2040 plus 4-lane project • 2040 plus 6-lane project However, in case minor alternations, adjustments, or traffic operational services. are needed, a small budget has been identified for KAI to participate in 2 meetings, provide consultation, and supplement the CEQA EIR Traffic Study to address formatting and minor traffic operational discussions to comply with NEPA Task E Deliverables: • None Task E Assumptions: • Geometric design development, environmental clearance, and/or traffic operational analysis of new geometric alignment alternatives that connect to locations other than the project termini at Dublin Blvd/Falcon Rd and North Canyons Parkway/Doolan are excluded. • A separate TOAR will not be required. The Traffic Study, as scoped in the CSA, will satisfy Caltrans and NEPA Traffic Operational requirements Continsency Budset: Unforeseen circumstances can arise throughout the environmental and design process that require additional services. These circumstances include changes to the project description, new information discovered during scoping or background literature search, extensive public input, and delays in the project schedule. Additionally, Caltrans may request additional services for NEPA clearance or require additional rounds of technical report review. Although we strive to maintain budget according to the originally agreed upon contract and scope, these circumstances can inefficiently consume the project budget. For these reasons, we are conservatively included a 20% contingency budget to help manage the unforeseen circumstances. This contingency would not be available for use unless we have written consent by the City. Establishing a contingency budget upfront in the process allows for minimal disruptions to the schedule if the need were to arise. Page 13 of 14 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit A (Scope of Services) Schedule: Overall, BKF/CP believe the process to complete the supplemental NEPA environmental clearance will have some impacts to the overall (and current) CEQA Milestone Schedule under the CSA. Generally speaking, it is anticipated that the process would add some time to supplement the stand-alone and new NEPA technical studies/reports, probably on the order of 3-4 weeks. The schedule creep is probably more -related to the process for which allows publishing the DEIR/EA; all NEPA technical studies/reports must be approved/signed by Caltrans before proceeding, and may involve some iterations prior to approval. Additionally - the schedule can be affected by Caltrans scope requirements which will be determined early - on during the kick-off meeting and PES Field Review process; some of the optional services may be called - upon. However, assuming an addition of 3-4 weeks during the DED phase and some iterations prior to the publishing of the DEIR/EA, the remainder of the tasks/schedule/durations presented in the CSA should be approximately the same, and therefore result in a projected 2-month delay, toward the middle of Summer of 2018 (instead of Spring 2018). This is consistent with the message presented at the 5/31/17 NOP/Scoping meeting. Milestone Schedule: Tasks/Milestones NEPA CT Kick -Off Meeting 9/2017 PES Approval 11/2017 Submittal— Pre-Existing/Stand Alone (Supplemented) Technical Studies/Reports 11/2017 Submittal - New NEPA Technical Studies/Reports 12/2017 to 1/2018 Approval —All NEPA Technical Reports 2/2018 to 3/2018 NEPA Administrative EA 3/2018 Public Review (45-day review) 7/2018 Admin FEIR/EA 9/2018 FEIR/EA Circulation 10/2018 Proposed Project Budset Scope/Fee Summary: BKF proposes to provide the services described above on a total not to exceed (NTE) fee basis of 286 485. BKF will invoice our services as summarized in the attached NEPA AMENDMENT - Preliminary Engineering Study for Dublin Boulevard -North Canyons Parkway Extension - Project Budget Scope/Fee Summary. Page 14 of 14 June 16,2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Page 15 of 14 Amendment No. 1 Exhibit A (Scope of Services) EXHIBIT B June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B (Compensation Schedule) BKF ENGINEERS Clly of Dublin NEPA AMENDMENT . Preliminary Engineering Study for Dublin Boulevard -North Canyons Parkway Extension - Project Budget 11 NEPA AMENDMENT Project Budget ■ .■....■■■■�.■.■■.■.■■■■.■...■■■■■■■■� o � - tom©ltmlo ©©©a1��al�rlll'�SE�a1"O����ra�r✓•tr✓•�ori➢1©OtO®m���OmO —©©©-----m�—oo------���o�---m�---rrolom� ©m�®�a1—-0afZffia—®®a1a10�a1—a�a��Irtaltttmtal—a1�0a1alal.00m®f mm000toolo���o��©000rmsmtot000rr0mraa •�--Ira— —--—��—�aa�—Iratratralratratralra�r_Ir_�lotrr_tra�ra—� om®mooaoo m�omm000000mmmollE�I®®oro�0000mmra>�a 0 000000000mra�o—o---000�ra_�—moon©moo—o —ra_----�----� ---------- IrrOt®n000raoo m�a ---------�� o00000000m�m o 0 00o vo omo oo" 0 :.: 0©©©OOOon ---o-----©m--m----m—���m�---m�---oomra� OOOta�Oom®-0©mfif�����o0000--QO®ml © �:... :.... 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E}7FII•] d—aalra Project Subtotal: Protect Total Not to Ex"ed Fe:L, �6481 Page 1 of 7 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B b t I IS U+ ENOINEERS. SURVEYORS. PLANNERS PROFESSIONAL PERSONNEL SERVICE FEES JANUARY I, 2017- DECEMBER 31, 2017 PERSONNEL HOURLY RATES ENGINEERING Senior Associate $206,00 Associate S200A0 Project Manager $190.00 - $196.00 Engineer IV $176.00 Engineer 1. 11. IR $124.00 - $142.00 - $162.00 Engineering Assistant $77.00 Junior Engineer $65.00 PLANNING Planner L If IlL IV $124.00 - $142.00 - $162.00 - $176.00 SURVEYING Senior Associate 5206.00 Associate $200.00 Project Manager S190.00 - $196.00 Surveyor 1, IL BL IV $124.00 - S142.00 - S162.00 - S176.00 Survey Party Chief $164.00 Survey Chainman SI06A0 Apprentice L IL Ill, IV $65.00 - $8700 - S96:00 - $102.00 Instrumentman $141.00 Surveying Assistant $77.00 Junior Surveyor 165.00 Ulility Locating Superintendent $165.00 Utility Locator I, 4 111 $85.00 - S120.00 - $14S.00 BIM Specialist 1, If ID $124.00 - $142.00 - $162.00 DESIGN AND DRAFTING Technician 1, B, III, IV $119,00 - $127,00 - $139.00 - $150.00 Drafter L II, 01, IV $93.00 - $103.00 - $111.00 - $123.00 CONSTRUCTION ADMINISTRATION/QSP-QSD Senior Construction Administrator $185.00 Resident Engineer $137.00 Field Engineer 1, IL HI $124.00 - S142.00 - $162.00 Senior Consultant $215.00 SERVICES AND EXPENSES Project Assistant $77.00 Clerical/Administrative Assistant 465.00 Delivery Services $35.00 Principals'time on projects is chargeable at $230.00- $252.00 per hour. Charges for outside services, equipment and facilities not furnished directly by BKF Engineers will be billed at cost plus 10%. Such charges may include, but shall not be limited to printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; special fees, permits, and insurance; transportation on public carriers, meals, and lodging; and consumable materials. Mileage will be charged at the prevailing IRS rate per mile. Monthly invoices are due within 30 days from invoice date. Interest will be charged at 0.833%per month on past due accounts. Expert witness/litigation rates are available upon request. Page 2 of 7 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B 2017 TIME & MATERIALS FEE SCHEDULE` STRATEGIC COMMUNICATION SERVICES I. Professional services will be rendered based on the following hourly rates: President $295 Senior Vice President $275 Project Director $195 Senior Project Manager $165 Project Manager $140 Senior Associate $120 Associate $95 Coordinator $80 ll. Creative services will be rendered based on the /ol/owing hourly rates: Creative Director $195 Senior Art Director $165 Art Director $140 Web Manager $140 Senior Web Designer $125 Senior Graphic Designer $120 Web/Graphic Designer $100 Junior Web/Graphic Designer $80 Videographer $140 Ill. Supportive services will be rendered based on the following houdy rates: IT Director $175 IT Support $75 Accounting Manager S130 Accounting Clerk $70. Clerical $60 1V. Provision of related services and reimbursable expenses will be charged to the client as follows: 01adc and White PdhtslCopies, to House $008-0.25 per page, depending on paper size V. Expert witness testimony or technical assistance on legal matters shall be provided of the rate of $300.00 per hour of witness and preparation time. 'Rates are effective Through Decembe/ 3L 2017 and subject to escalation /n Januery2018. Page 3 of 7 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B \r 2017 TIME & MATERIALS FEE SCHEDULE` ENVIRONMENTAL PLANNING SERVICES 1. Professional services will be rendered based on the following hourly rates: President $295 Senior Vice President $275 Project Director $250 Senior Project Manager $195 Project Manager $155 Senior Associate $130 Associate $100 As sistant/Coordinator S90 I!. Creative services will be rendered based on the /allowing hourly rates: Creative Director $195 Se nor Art Director $165 Art Director $140 Web Manager $140 Senior Web Designer $125 Senior Graphic Designer $120 Web/Graphic Designer $100 Junior Web/Graphic Designer $80 Videographer $140 ill. Supportive services will be rendered based on the following hourly rates: IT Director $175 IT Support $75 Accounting Manager $130 Accounting Clerk $70 Clerical $60 !V. Provision of related services end reimbursable expenses. will be charged to the client as follows: Black and White PdnCopies, In House per page, depending on paper size V. Expert witness testimony or technical assistance on legsl matters shall be provided at the rate o/ $300.(H! per hour of witness and preparation time. ' Refes an: egecfive (hrough December 31, 2017 and subject m escalation In January 2018. Page 4 of 7 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No, 1 Exhibit B KITTELSON r. & ASSOCIATES KITTELSON &ASSOCIATES, INC. BILLING RATE SCIIEDULE Effective July 1, 20i7 The current billing rntes for Kiuelson &Associates, Ina, stall'are as follows and arc subject to change: SInt1' Billing IL�ic Principal / Senior Principal S225 - $315 Associate Engineer/Plawer S190-$220 Senior Engineer/Planner S 160 - S1S5 Engineer/Planner S l40 - $155 Transportation Analyst S125 - $.135 Associate Technician S 150 - S l75 Senior Technician S 140 - $145 Technician II S125 - S135 Technician i S105 - S120 Office Support S60 - S90 Olhcr Direct Costs Billing Rntc Travel Al Cost Mileage S.535/mile Page 5 of 7 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B BIGGS CAROOSA ASSOCIATES INC :STRUCTURAL ENGINEERS L366 They Alo -3133 San Jane, CA 95126-3133 T elephane 409-296-5515 Fwanirnile 409-296-6114 CHARGE RATE SCHEDULE I>rint:ipal $21G.W - S27$.(10 Associate 192.00 Engineering Manager 166.00 Project Administrator 136.00 Senior Engineer 150,00 Project Engineer 13500 Staff Engineer 122,00 Assistant Engineer 112.00 Junior Engineer I06,00 Senior Computer Drafter 122.00 Computer Drafter 106.00 Junior Computer Drafter 95,00 Secretarial Services 99.00 Construction \fanagcr 2W.W Senior Structural Representative 176.00 Structural Representative 156,00 Assistant Structures Representative 125,00 Senior Bridge Inspector 156,00 Submnsultants Cost Plus 101 Espcnscs Cost Plus. l5"!n In-house CADD Plots Prints b0.30/ sq. ft. Plots S1.30/ sq. ft, Mylat Plots $3.00/ sq. ft. Charge Rams Applicable 0ctober 1, 2016"1'hru$cptemher 30, 21117 Page 6 of 7 June 16, 2017 Dublin Blvd -North Canyons Pkwy Extension Project NEPA Environmental Clearance Amendment No. 1 Exhibit B GEOCON CONSULTANTS, INC. GEOTECAV H N IC A. L■ ENVI ROMMINTAL z MATERIALS � 2017 SCHEDULE OF FEES PROFESSIONAL SERVICES Engina�ring AsiamnVLaboretM'Tcehnicien............................................................................................................................................. SROhhr. Engineering Field Technicion/Special Inspector I.................................................................................................................. 751SI00(P1kJ%r. Engineering Field Ttthnician/Spaliat ln.'pecmr It ......... ........ ...... ........ ............ .......... ..... ......... .....,........................4........... ... 95/110(PW)4hr. Engineering Field Technician/Special Inspector III .... .......... ._...... ........... ......... ........ ........ ..... .......... ....... .._.............. I.......... 951120 (PW)•/hr. WordPmcessorfrechnical Editor . ... ...... ..... ..... .............. ...... .......... ....... WWII .... ..... .......... .......... ...... .................. ....... III .... ..... ......-1-11.... ......... 75thr. Eugineering/Researeh Assislantireehnieal Illustrator. ......................... I ............ a ........................................................................................ 9(uhr. PmjcetCoordlnamriGIS Specialist ........ .......... ................................ .......... ......................................._.......................................... ........... I.. 95fir. stnmr st�B'Englna nctnmgi,t ............ Irrojecl Fag inee necologist ............... I .... . Scolor Project f tgimcr7Ccologisl.,....... Senior E ngincenGeologisuCeophylicist Aswninsc Engineer/(lcologi.t... I..... ...... .. Principal Engineen'Geologist'Liligalion Deposition or Conn Appearance ............. f sertinte and Saturday Rate ................... Sunday and holiday Rate.... ......... .......... . hfininum Professional Fee ..................... Minimum Field Sen•ias Fee (Ix•r day or P•rssmncl............................................................................................................................................................................. Regularllourly Rnto Subsislenes(Per Dienn).......................................................................................................................................................................... SI50'da>• VehicleMilcage.................................................................................................................................................................................... 0.75/milc EQUIPMENT & ANALYTICAL TESTS Nuclear Gauge ............................ Included in Tnhnician hourly are Pick-uV Tmck.................................................................... eve1D pWConductiarty/rem puaNre %letrr ............................... 50'day 3S.gallon dmm........... ...... ................ ................................ 551ea. 9'PHglBT12X (EPA 3015%IB021B).................................. 70'ca. TPI[VITTEXthITBE (EPA 80151%0260B) ......_.............. 1001ca. TP idt'[Pllano(EPA 80151d).1 ...... .............W.I."... ........... 1. 75ha. Fuel Oxygenate compounds (EPA 8260B)-..-...----..... I IWca. Yo7atile Organic.. Compounds (EPA 8260B)..................... 150'ea. semi -Volatile Organic compounds (FPA 8270)....... ..... 300,'ea. cna1� 7 metals (EPA 60108)..................1......1.........I........ 170ee. Single %teal (IPA 6010B).............................................. 20ca. Pcoicidcs(EPA SORT) .............................. ........ .... I., ... ....., 125/ca. Soil PI (EPA 9045C)...........................I.......................... 20/cs. \VET or TC'LP Extraction .............................. I.................. 75/ea. Sample Compositing.............................. ....... ........ .... I.. 20komposite. 4&hour Turamund "rim._,0 to e........................................6surcharge u 244ur Tumamuml Tina .......................................... 1005; surchargc LABORATORY TESTS Treated COMPACTION CURVES LABORATORY TESTS Treated COMPACTION CURVES SUIT. ,l\II AGOItEGA'IT: S'1',\SHAWL "1' b�inch nrold(D1557/D678)............................................... I90/ea. R-Valur, 8671 Briaa Slreel • llVnrmore, Calllornla94550 • TBI (925) 371-5900 • Faz (925) 371-5015 Page 1 of 2 Page 7 of 7 RESOLUTION NO. _____ - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS FOR ADDITIONAL ENVIRONMENTAL WORK ON EXTENSION OF DUBLIN BOULEVARD TO NORTH CANYONS PARKWAY PROJECT WHEREAS, on November 1, 2016, the City Council adopted Resolution 161-16 approving a Consulting Services Agreement with BKF Engineers (“CONSULTANT”) for conducting preliminary engineering and preparing an Environmental Impact Report for the extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore (“PROJECT”); and WHEREAS, on September 5, 2017, the City Council adopted Resolution 114 -17 approving Amendment #1 to the Consulting Services Agreement for the preparation of an appropriate environmental document under the National Environmental Protection Act (“NEPA”); and WHEREAS, PROJECT is proceeding satisfactorily; and WHEREAS, it has been determined that additional environmental studies are needed for the Environmental Assessment document under the NEPA related environmental work; and WHEREAS, the City of Dublin and the CONSULTANT desires to amend existing Consulting Services Agreement to provide additional services to complete additional NEPA related environmental studies work for the PROJECT and extend the term of the Agreement to conclude such work; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $901,485 to a not-to-exceed amount of $1,114,177. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the second Amendment to the Consulting Services Agreement with CONSULTANT attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the second Amendment to the Consulting Services Agreement. PASSED, APPROVED AND ADOPTED this 4th day of December 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: __________________________________ City Clerk AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BKF ENGINEERS WHEREAS, on November 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and BKF Engineers (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for preliminary engineering and environmental work on Dublin Boulevard extension to North Canyons Parkway in Livermore Project (hereinafter referred to as the “AGREEMENT”); and WHEREAS, on September 5, 2017, the City Council adopted Resolution 114-17 approving Amendment #1 to the Consulting Services Agreement for the preparation of an appropriate environmental document under the National Environmental Protection Act (“NEPA”); and WHEREAS, the work on the Project is proceeding satisfactorily; and WHEREAS, previously unforeseen environmental studies are now determined to be required to complete the Environmental Assessment document under the National Environmental Protection Act (“NEPA”); and WHEREAS, the term of said AGREEMENT is expiring on June 30, 2019; and WHEREAS, CITY and CONSULTANT now desire to extend the terms of the AGREEMENT an additional 12 months until June 30, 2020 to allow for the completion of additional work; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to add monies for the preparation of additional environmental studies under the National Environmental Protection Act regulations; and WHEREAS, the compensation schedule of the CONSULTANT has been updated to reflect 2018-19 compensation rates; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $901,485 to a not-to-exceed amount of $1,114,177. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Extension of Term: The AGREEMENT is amended to extend the termination date to June 30, 2020. 2) Revised Exhibit A: Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 3) Revised Exhibit B: Exhibit B (Compensation Schedule, and consultant hourly rate sheets) of the AGREEMENT is amended per the attached. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B 4) Except to the extent inconsistent with the First and Second Amendments, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk BKF ENGINEERS Dated: By: _____________________________ Gordon C. Sweet, Vice President BKF Engineers Exhibit A BKF No. 20167083-10 November 19, 2018 Obaid Khan, PE Transportation and Operations Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Amendment #2 – Dublin Blvd-North Canyons Pkwy Extension ASR #3 – CEQA/NEPA Decouple ASR #4 – NEPA Cultural Dear Mr. Khan, Per our discussion, the BKF Engineers (BKF) Team has prepared and combined the additional service requests (ASR) #3 and #4 that address work outside the limits of our current contractual scope of work; specifically related to the decoupling of the CEQA and NEPA environmental clearance process, and the request by Caltrans for additional cultural studies, testing, and analysis in the form of XP1 testing, field work, and revisions to the previously drafted HPSR and ASR studies. We understand the City is interested in decoupling the Environmental Impact Report (EIR) and Environmental Assessment (EA) in order to expedite the CEQA environmental approval process as a priority, which will offer possible short-term opportunities from a local, regional and state funding and design standpoint, while accelerating the schedule. In conjunction with the other scope of the project (approved plan line study), the decoupled EIR will open private property opportunities to move forward with property development based on an approved plan line study through the City of Dublin, and the adjacent jurisdictions including County of Alameda and City of Livermore. However, the City’s interest in preserving the ability to pursue other funding opportunities at a Federal level requiring NEPA clearance has not wavered; as such – we understand proceeding and completing the NEPA EA in consideration of the additional cultural requirements is also a priority. This amendment request summarizes the additional scope of services and fee required for our environmental subconsultant, Circlepoint, their subconsultants, and BKF Engineers to proceed to complete the decoupling of the CEQA/NEPA environmental document, including addressing the additional cultural studies, field investigation, and testing requested. This amendment request package is broken down as follows: I.Additional Scope of Services – CEQA/NEPA Decoupling (ASR #3) II.Additional Scope of Services – Cultural Analysis, Field Work, Testing, and Reporting (ASR #4) III.Compensation City of Dublin Dublin Boulevard-North Canyons Parkway Extension Project Amendment #2 November 5, 2018 Page 2 of 6 ADDITIONAL SCOPE OF SERVICES – CEQA/NEPA Decoupling (ASR #3) Based on prior discussions covered under Amendment No. 1, the current scope of the Dublin Blvd Extension Project is based on joint CEQA/NEPA environmental document (EIR/EA) using Caltrans’ templates for the document and all environmental technical reports identified in the Preliminary Environmental Study (PES). As part of that effort, the BKF Team, including Circlepoint, Kittelson, and a host of other subconsultants, have drafted and/or completed over a dozen technical studies, reports and memos, including a handful that have been reviewed and approved to date by Caltrans. To date, the joint CEQA/NEPA document has been developed following the Caltrans annotated outline for an EIR/EA and is approximately 50% complete; the technical reports that have been completed and/or approved have been summarized in the draft environmental document (DED) and a project description nearly finalized. Due to delays in the NEPA process outside of our control, the City, as CEQA lead agency, has requested a scope/fee to decouple the joint CEQA/NEPA document, and proceed with an independent, yet parallel course of a CEQA EIR and a separate NEPA EA. Accordingly, this scope reflects the tasks required to produce a separate, stand-alone EIR using a format acceptable to the City, and a stand-alone EA using Caltrans’ template, in lieu of one combined EIR/EA document using Caltrans’ template (as proposed in our original contracted scope of work and first contract amendment). Related, since the original contracted scope of work and first contract amendment assumed the preparation of one joint document and one combined public review period, a separate public noticing, circulation, and public meeting will be required for the stand-along EA. An overview (summary) of the scope tasks/effort has been included below, and is further detailed in the attachments included in this additional services request (ASR) #3 Package: ASR #3: CEQA Services – CEQA/NEPA Decoupling A.1 Project Coordination, Management and Meetings: In order to coordinate, manage, and decouple the CEQA EIR and NEPA EA moving forward, BKF Engineers has included hours and tasks for project coordination with Circlepoint and the City of Dublin. Efforts include meetings in the form of bi-weekly meetings, focus meetings (face to face and conference calls), and project team coordination during the preparation, review and development of the environmental documents. D.1 CEQA Project Description: Per our coordination meeting on 10/1/18 between BKF, Circlepoint, City of Dublin and City Attorney, it has been agreed to use prior Dublin CEQA EIR examples to prepare a project- description based on the Caltrans-format (joint) project description. Circlepoint will prepare the draft and will incorporate 1 round of comments based on BKF and City review prior to finalizing the PD for incorporation into the EIR. D.2 CEQA EIR: Circlepoint will undertake the task of separating technical analysis completed to-date from NEPA/CEQA format into a CEQA-only format. Circlepoint will move CEQA-only data and analysis from the current EIR/EA into an administrative draft EIR. Preparation of an administrative draft EIR will include completion of CEQA-only sections commonly included in EIRs but not included in Caltrans’ EIR/EA format. As requested by the City at our 10/1/18 meeting, biological and noise reports completed in Caltrans’ format (which include NEPA analysis) will be revised to create CEQA-only versions. These reports will be appended to the Draft EIR, along with other technical reports that do not require updating. City of Dublin Dublin Boulevard-North Canyons Parkway Extension Project Amendment #2 November 5, 2018 Page 3 of 6 RE Reimbursable Expenses –Other direct costs related to printing, reproductions, postage, delivery, mileage/travel, and distribution have been split between the CEQA Reimbursable and NEPA Reimbursable expenses. ASR #3: NEPA Services – CEQA/NEPA Decoupling A.1 Project Coordination: In order to coordinate, manage, and decouple the CEQA EIR and NEPA EA moving forward, BKF Engineers has included hours and tasks for project coordination with Circlepoint and the City of Dublin. Efforts include meetings in the form of bi-weekly meetings, focus meetings (face to face and conference calls), and project team coordination during the preparation, review and development of the environmental documents. D.3 NEPA EA: Using the EA annotated outline provided by Caltrans, Circlepoint will transition the NEPA analysis completed to-date from the EIR/EA template into EA-only format. Separate preparation and review of an EA is anticipated to require additional effort, as some efficiency is lost in comparison to review of one holistic EIR/EA document. Both the CEQA and NEPA processes will proceed concurrently, with the Draft EIR circulating prior to the Draft EA. This approach provides efficiency in preventing the NEPA analysis from becoming “stale” while CEQA moves forward. At this time, there are several unknown elements relating to Cultural Resources, and biological resource documents have not undergone agency review. It is anticipated that some of these items will be resolved prior to circulating the Draft EIR; however, coordination with State agencies will be ongoing. Circlepoint will work closely with the City and Caltrans to maintain up-to-date analysis across the project documents between milestones D.4, D.5, D.6, and D.7 NEPA Public Review and Noticing: Since the Draft EA will require separate public noticing and circulation based on Caltrans’ request/recommendation, a separate level of effort is required to prepare legal notices, attend the Caltrans-required public meeting during public circulation, and respond to public comments received on the Draft EA. Circlepoint will coordinate/work with both the City and BKF to prepare the necessary noticing and hard copies of the EA for both the Draft and Final document, as well as coordinate/lead the efforts to conduct a public hearing, respond to public comments, and finalize the EA. These tasks/subtask and efforts are further detailed in Attachments A & B. o D.4 NEPA Noticing (Draft EA) o D.5 NEPA Public Meeting o D.6 NEPA Public Comments o D.7 NEPA Noticing (Final EA) RE Reimbursable Expenses –Other direct costs related to printing, reproductions, postage, delivery, mileage/travel, and distribution have been split between the CEQA Reimbursable and NEPA Reimbursable expenses. City of Dublin Dublin Boulevard-North Canyons Parkway Extension Project Amendment #2 November 5, 2018 Page 4 of 6 ADDITIONAL SCOPE OF SERVICES – NEPA Cultural (ASR #4) Based on prior discussions covered under Amendment No. 1, the original scope and fee for NEPA environmental clearance was based on the findings/direction covered in the Caltrans approved PES. This included requirements of certain cultural scope, investigations, field survey and the development/preparation of cultural technical studies related to Historic Property Survey Report (HPSR) and Archeological Study Report (ASR), which have been submitted and reviewed by Caltrans Since that time, despite significant discussion/coordination between the Circlepoint, BKF, City, and the Department, Caltrans, as the federal liaison and delegate for NEPA approval in the State of California, has requested additional work, details, and testing on the project site and previously prepared HPSR and ASR, which necessitates further site surveys, additional research, new documentation resources, edits to the draft reports, and physical testing/reporting in the form of an Extended Phase 1 (Cultural Resource Investigation). An overview (summary) of the scope tasks/effort has been included below, and is further detailed in the attachments included in this amendment package: ASR #4: NEPA Services – Cultural – Additional HPSR and ASR Reporting D.8 Additional HPSR and ASR to Reflect Additional Reporting: To respond to Caltrans’ feedback and requests on the draft HPSR/ASR, Circlepoint and WSA must gather additional information on cultural resources and the “potential” resources within the entire Area of Potential Effects (APE) Map; specifically, a focus on historic-period archaeological resources. Circlepoint intends to provide background information using a “whole parcel” approach, while the actual additional archeological work will be focused on the physical operational footprint area and potential archaeological sites that intersect with the operational footprint. This negotiated and reconciled approach (accomplished by the team’s coordination efforts) has helped rein-in the scope of these additional services. Work is assumed to include: o Conduct an additional field visit to support preparation of Department Primary Record (DPR). o Create DPR forms for all the identified resources. o Expand the historic-era context section of Archaeological Survey Report (ASR) to include more information regarding the Inman School and the past inhabitants and land use of the APE (outside of operational footprint) o Add additional built environment resource descriptions to the ASR. o Add additional desktop geoarchaeological analysis to the ASR regarding the likelihood of the APE as a whole and the Cottonwood Creek crossing in particular to contain buried prehistoric archaeological deposits. Geoarchaeological resources are those that may have come from prehistoric Native American use of the area, and are separate from historic-period archaeological resources, which would be more recent deposits. o Analyze the potential for the identified resources to contain currently unknown subsurface resources through background research and field review. D.2 Extended Phase 1 Testing (Cultural Resource Investigation): An Extended Phase 1 (XP1) testing and reporting effort has been requested by Caltrans; the goal of the proposed XP1 testing is to determine the presence or absence of cultural deposits in the site identified on the DPR form prepared in July 2018 (site PW-127-1). This includes preparing an XP2 testing plan and working with Caltrans to get testing plan approval. The XP1 field test would include up to 20 shovel surveys in the PW-127-1 area. This scope of services assumes all shovel tests will be negative and historic-period archeological resources would not be City of Dublin Dublin Boulevard-North Canyons Parkway Extension Project Amendment #2 November 5, 2018 Page 5 of 6 encountered. After field-testing, the results of the shovel survey will be provided in a written report using Caltrans templates, and updates to the ASR will be completed. This scope assumes up to two rounds of review with Caltrans before submittal to the SHPO, followed by one set of comments from SHPO. To facilitate the completion of this technical study, Circlepoint and WSA will meet with Caltrans on an as-needed basis for up to three conference calls. A.2 Project Coordination, Management and Meetings: As the prime consultant leading the project with the City of Dublin, BKF has included hours and tasks for project coordination with Circlepoint, WSA, City, and Caltrans to support the additional process involving HPSR, ASR, DPR, and XP1 Testing. Efforts include meetings, and project team coordination during the preparation, review and development of the environmental documents. Depending on the results of the XP1, Phase II Testing and a Finding of Effect (FOE) may be required. The level of effort associated with Phase II Testing and a FOE would depend on the type and extent of the resource(s) identified. As such, these activities are not included in this amendment request, and a separate scope and fee would be developed for approval prior to beginning such work, if needed. Caltrans has also indicated that an Archeological Evaluation Report (AER) may be required, depending on the outcome of the XP1 and Phase II testing (again, if needed). Since the need and scope of this AER document has not been determined nor finalized with Caltrans, it too would be addressed in a separate scope and fee if needed, and is not included in this amendment request. City of Dublin Dublin Boulevard-North Canyons Parkway Extension Project Amendment #2 November 5, 2018 Page 6 of 6 COMPENSATION – Fee (Amendment #2: ASR #3 and ASR #4) – See Exhibit B We propose to provide the services of this Amendment #2, including the CEQA/NEPA Decoupling (ASR #3) and the NEPA Cultural Services (ASR #4) on a Not to Exceed Fee basis, based on the previously established tasks of the original agreement (CEQA) and Amendment No. 1 (NEPA). See Exhibit B. As we have seen to date, unforeseen circumstances can arise during the remaining environmental process for CEQA and NEPA that may require additional services. At this stage of the project, these circumstances could include changes to the HPSR, ASR, DPR, or XP1 Testing. Although we strive to maintain budget according to the originally contract and scope, these circumstances can inefficiently consume the project budget. For these reasons, we are including small contingency for each ASR to help manage the unforeseen circumstances as we address additional NEPA cultural services and decouple CEQA and NEPA to achieve our certified EIR and EA. This contingency would not be available for use unless we have written consent by the City. Establishing a contingency budget allows for minimal disruption to the schedule if the need were to arise. We appreciate the opportunity to continue our environmental clearance process with the City of Dublin on this exciting project, and look forward to its completion. Please contact me at 925.396.7736 if you have any questions. Respectfully, BKF Engineers Gordon C. Sweet, PE Vice President BKF Engineers Attached to this Scope of Services Letter: ·Circlepoint – Out of Scope Work Request for CEQA/NEPA Decoupling ·Circlepoint – Out of Scope Work Request for Cultural ·Exhibit B - Project Budget Task/Fee Summary – ASR #3: CEQA/NEPA Decoupling and ASR #4: NEPA Cultural Circlepoint | 46 S First Street, San Jose, CA 95113 Phone 408.715.1515 | www.circlepoint.com November 9, 2018 Gordon Sweet BKF Engineers 4670 Willow Rd, Suite 250 Pleasanton, CA 94588 Via email: gsweet@bkf.com RE: Dublin Blvd-North Canyons Extension Project – Out-of-Scope Work: Separate CEQA and NEPA Dear Gordon, Thank you for the opportunity to work with BKF Engineers, cities of Dublin and Livermore, Alameda County (County), and Alameda County Transportation Commission on this very important project. It is a pleasure working with you and the team. Our current scope and fee is based on preparation of a joint NEPA and CEQA environmental document (EIR/EA) using Caltrans’ templates for the document and all environmental technical reports identified in the Preliminary Environmental Study (PES). To date, the Circlepoint team and BKF have prepared the following supporting technical studies in Department of Transportation (Caltrans) District 4 required format: Air Quality Technical Report and Project of Air Quality Concern Checklist Natural Environment Study Preliminary Delineation of Wetlands and Other Waters Biological Assessment Incidental Take Permit Application Community Impact Assessment Area of Potential Effects map Historic Property Survey Report Archeological Survey Report Noise Study Report Moderate Visual Impact Assessment Transportation Impact Assessment There reports have undergone Caltrans review, and the following reports have been approved: Natural Environment Study Preliminary Delineation of Wetlands and Other Waters Noise Study Report Transportation Impact Assessment The other reports listed above are still undergoing review and approval, and the scoping for an Extended Phase I cultural resource investigation is underway. The joint NEPA/CEQA document, i.e., EIR/EA has been developed following the Caltrans annotated outline for an EIR/EA and is approximately 50 percent complete. The completed technical reports listed Page 2 of 3 Circlepoint | 46 S First Street, San Jose, CA 95113 Phone 408.715.1515 | www.circlepoint.com above have been summarized to assist in populating the document, and a project description has been finalized and included as Chapter 1. Due to delays in the NEPA process beyond our control, the City as CEQA lead agency requested a scope and fee from Circlepoint that includes the separation of the joint NEPA/CEQA document and a parallel process for CEQA (i.e., environmental impact report ([EIR]) and NEPA (i.e., environmental assessment [EA]). Accordingly, this scope reflects the tasks required to produce a separate, stand-alone EIR using a format acceptable to the City, and a stand-alone EA using Caltrans’ template, in lieu of one combined EIR/EA document using Caltrans’ template (as proposed in our original contracted scope of work and first contract amendment). Revisions to the supporting technical reports are also addressed in the scope and fee. A description of the scope tasks is provided below. CEQA Tasks: Prepare CEQA-Only Project Description Using examples provided by the City, Circlepoint will prepare a CEQA-only project description using the current Caltrans-format project description. Circlepoint will respond to one round of comments from the City and incorporate them into a finalized project description for use in the EIR. Prepare Draft EIR Circlepoint will undertake the task of separating technical analysis completed to-date from NEPA/CEQA format into a CEQA-only format. Using examples provided by the City, Circlepoint will move CEQA-only data and analysis from the current EIR/EA into an administrative draft EIR. Preparation of an administrative draft EIR will include completion of CEQA-only sections commonly included in EIRs but not included in Caltrans’ EIR/EA format. As requested by the City, biological and noise reports completed in Caltrans’ format (which include NEPA analysis) will be revised to create CEQA-only versions. These reports will be appended to the Draft EIR, along with other technical reports that do not require updating. NEPA Tasks: Convert NEPA Analysis into EA-Only Format Using the EA annotated outline provided by Caltrans, Circlepoint will transition the NEPA analysis completed to-date from the EIR/EA template into EA-only format. Separate preparation and review of an EA is anticipated to require additional effort, as some efficiency is lost in comparison to review of one holistic EIR/EA document. Both the CEQA and NEPA processes will proceed concurrently, with the Draft EIR circulating prior to the Draft EA. This approach provides efficiency in preventing the NEPA analysis from becoming “stale” while CEQA moves forward. At this time, there are several unknown elements relating to Cultural Resources, and biological resource documents have not undergone agency review. It is anticipated that some of these items will be resolved prior to circulating the Draft EIR; however, coordination with State agencies will be ongoing. Circlepoint will work closely with the City and Caltrans to maintain up-to-date analysis across the project documents between milestones. Page 3 of 3 Circlepoint | 46 S First Street, San Jose, CA 95113 Phone 408.715.1515 | www.circlepoint.com Public Review and Noticing Our original contracted scope of work and first contract amendment include preparation of one joint document and one combined public review period. Since the Draft EIR and Draft EA will require separate public noticing and circulation, additional level of effort is required to prepare legal notices, attend the Caltrans-required public meeting during public circulation, and respond to public comments received on the Draft EA. Circlepoint will prepare the necessary noticing and hard copies of the EA for both the Draft and Final document. Budget The estimated cost for the work described above is $84,565. A detailed cost estimate is included in Attachment A. This scope and fee is independent of the concurrent scoping effort related to cultural resources, and does not include any tasks described in that scope dated September 5 or in the cost estimate for those services dated October 16. We truly appreciate the opportunity to work on this project with BKF Engineers and look forward to its successful completion. The best number to reach me is (510) 285-6761 or via email at b.bohonok@circlepoint.com. Sincerely, Brianna Bohonok, AICP Project Manager Attachment A: Detailed Cost Estimate Accepted for BKF Engineers By:_________________________________________ ___________________________________________ Title Date Cost Estimate - Separate CEQA and NEPA Contract Amendment Dublin Boulevard Extension Rates 250$ 155$ 100$ 90$ Project Director Project Manager Associate/ Graphics Assistant Circlepoint Cost Subconsultant Total Cost Project Tasks Prepare CEQA-Only Project Description 2 8 1,740$ 1,740$ Incorporate City Comments on CEQA-Only PD 2 4 710$ 710$ Finalize CEQA-Only PD 1 1 4 805$ 805$ Subtotal 3 11 8 - 3,255 3,255 Prepare Draft EIR: Conversion to CEQA-only and City template 16 28 70 80 22,540$ 22,540$ Revise Technical Reports - CEQA-only 8 18 16 16 7,830$ 10,000$ 17,830$ Subtotal 16 28 70 80 30,370 - 40,370 NEPA EA Convert NEPA analysis into Caltrans EA-only format 6 12 20 5,360$ 5,360$ Addressing Additional City and Caltrans Comments on EA 8 16 16 30 8,780$ 8,780$ Concurrent preparation of NEPA and CEQA 8 14 40 7,770$ 7,770$ NEPA Noticing - Draft EA 2 8 16 3,340$ 3,340$ NEPA Public meeting during Public Review 4 4 8 2,420$ 2,420$ NEPA Public Comments 2 16 8 20 5,580$ 5,580$ NEPA Noticing - Final EA 2 8 16 3,340$ 3,340$ Subtotal 30 70 68 70 36,590 - 36,590 Total Labor Hours 49 109 146 150 70,215$ -$ 80,215$ Direct Costs Printing and Distribution 3,800$ Meeting Expenses 550$ 4,350 Total Estimate 84,565$ *Subconsultant budgets include an administrative fee Circlepoint | 46 S First Street, San Jose, CA 95113 Phone 408.715.1515 | www.circlepoint.com November 19, 2018 Gordon Sweet BKF Engineers 4670 Willow Rd, Suite 250 Pleasanton, CA 94588 Via email: gsweet@bkf.com RE: Dublin Blvd-North Canyons Extension Project – Out-of-Scope Work: Cultural Dear Gordon, Thank you for the opportunity to work with BKF Engineers, cities of Dublin and Livermore, Alameda County (County), and Alameda County Transportation Commission on this very important project. It is a pleasure working with you and the team. Our original scope and fee for environmental documentation was based on the Preliminary Environmental Study (PES) form which was approved by the Department of Transportation (Caltrans) on November 1, 2017. Since that time, Caltrans has advised that Extended Phase 1 testing and reporting (XP1) will be required. Separately, Caltrans has requested additional work on the Historic Property Survey Report (HPSR) and Archeological Study Report (ASR), which will require further site surveys, additional research, new documentation of resources, and edits to the draft reports. This scope and fee address these items. Additional HPSR and ASR Reporting To respond to Caltrans’ feedback on the draft HPSR and ASR, Circlepoint and WSA will work to gather additional information on cultural resources and potential cultural resources in the APE, with a focus on historic-period archaeological resources. We will provide background information using a “whole parcel” approach as requested by Caltrans, while archaeological work will be focused on the project footprint area and potential archaeological sites that intersect with the footprint. This work will include: Conduct and additional field visit. Create DPR forms for all the identified resources. Expand the historic-era context section of Archaeological Survey Report (ASR) to include more information regarding the Inman School and the past inhabitants and land use of the APE. Add additional built environment resource descriptions to the ASR. Add additional desktop geoarchaeological analysis to the ASR regarding the likelihood of the APE as a whole and the Cottonwood Creek crossing in particular to contain buried prehistoric archaeological deposits. Geoarchaeological resources are those that may have come from prehistoric Native American use of the area, and are separate from historic-period archaeological resources which would be more recent deposits. Analyze the potential for the identified resources to contain currently unknown subsurface resources through background research and field review. Page 2 of 2 Circlepoint | 46 S First Street, San Jose, CA 95113 Phone 408.715.1515 | www.circlepoint.com Extended Phase 1 (Cultural resource investigation) Circlepoint will work with WSA to complete Extended Phase 1 (XP1) testing and reporting. The goal of the proposed XP1 testing is to determine the presence or absence of cultural deposits in the site identified on the DPR form prepared in July 2018 (site PW-127-1). This includes preparing a XP1 testing plan and working with Caltrans to get testing plan approval. The XP1 field test would include up to 20 shovel surveys in the PW-127-1 area. This scope of services assumes all shovel tests will be negative and historic-period archeological resources would not be encountered. After field testing, the results of the shovel survey will be provided in a written report using Caltrans templates, and updates to the ASR will be completed. This scope assumes up to two rounds of review with Caltrans before submittal to the SHPO, followed by one set of comments from SHPO. To facilitate the completion of this technical study, Circlepoint and WSA will meet with Caltrans on an as-needed basis for up to three conference calls. Future Tasks Depending on the results of the XP1, Phase II Testing and a Finding of Effect may be required. The level of effort associated with Phase II Testing and a Finding of Effect would depend on the type and extent of the resource(s) identified. As such these activities are not included here and a separate scope and fee would be developed for approval prior to beginning such work, if needed. Caltrans has also indicated that an AER may be required, depending on the outcome of the XP1 and Phase II testing (if needed). Since the need and scope of this document has not been finalized with Caltrans, it too would be addressed in a separate scope and fee if needed Budget The estimated cost for the Additional HPSR and ASR Reporting and XP1 is $88,125. A detailed cost estimate is included in Attachment A. If it is determined by Caltrans that any of the optional tasks are required, a fully detailed scope and budget for those reports will be provided under separate cover. We truly appreciate the opportunity to work on this project with BKF Engineers and look forward to its successful completion. The best number to reach me is (510) 285-6761 or via email at b.bohonok@circlepoint.com. Sincerely, Brianna Bohonok, AICP Project Manager Attachment A: Detailed Cost Estimate Accepted for BKF Engineers By:_________________________________________ ___________________________________________ Title Date Cost Estimate - Additional HPSR and ASR, XP1Contract AmendmentDublin Boulevard ExtensionRates 250$ 155$ 100$ 90$ 131$ 105$ 86$ 64$ Project DirectorProject ManagerAssociate/ Graphics Assistant Circlepoint Cost Principal Associate III Associate II Associate I WSA* Total Cost Project TasksAdditional HPSR and ASR Reporting8 30 20 8,650$ 8,650$ Fieldwork2 26 40 42 9,120$ 9,120$ Update ASR4 20 30 36 7,508$ 7,508$ Additional DPR Forms4 32 44 48 10,740$ 10,740$ Caltrans Reviews of ASR (Edits)1 20 19 3,865$ 3,865$ Subtotal 8 30 20 - 8,650 - 39,883 XP1-$ -$ Preparation of XP1 Proposal and Approval by Caltrans-$ 1 6 515$ 515$ Preparation of XP1 Testing Plan3 465$ 1 6 515$ 980$ Perform XP1-$ 4 65 50 57 15,297$ 15,297$ Additional Reporting for HPSR/Preparation of Revised HPSR1 2 355$ 1 10 9 1,955$ 2,310$ Preparation of XP1 Report2 5 810$ 1 24 12 3,683$ 4,493$ Revised HPSR/XP1 (Caltrans Review)2 4 5 1,620$ 2 24 12 2 3,942$ 5,562$ Final Draft ASR/HPSR/XP1 for SHPO Submittal2 4 5 1,620$ 4 24 24 5,108$ 6,728$ Revised ASR/HPSR/XP1 (SHPO comments)2 4 5 1,620$ 4 18 19 4,027$ 5,647$ Incorporation of ASR/HPSR/XP1 into Draft EIR/EA4 10 20 24 6,710$ -$ 6,710$ Subtotal 10 28 42 24 13,200 18 165 126 71 35,042 48,242 Total Labor Hours 18 58 62 24 21,850 18 165 126 71 35,042 88,125 Total Estimate88,125$ *Subconsultant budgets include an administrative fee Exhibit B Project Budget Task/Fee Summary: ASR #3: ASR #3: CEQA/NEPA Decoupling and ASR #4: NEPA Cultural* Task Description ASR #3 Fee CEQA/NEPA Decoupling ASR #4 Fee NEPA Cultural I CEQA/NEPA Decoupling (ASR #3) CEQA Services A.1 CEQA -Project Coordination, Management & Meetings $4,380 D.1 CEQA –Project Description $3,915 D.2 CEQA –EIR $40,718 RE CEQA -Reimbursable Expenses $2,225 ASR #3 -CEQA Services Subtotal $51,238 NEPA Services A.1 NEPA -Project Coordination, Management and Meetings $4,380 D.3 NEPA –EA $22,432 D.4 NEPA –Noticing (Draft EA)$3,340 D.5 NEPA –Public Meeting $4,940 D.6 NEPA –Public Comments $7,156 D.7 NEPA –Noticing (Final EA)$3,340 RE Reimbursable Expenses $2,225 ASR #3 –NEPA Services Subtotal $47,813 II NEPA –Cultural (ASR #4) NEPA Services A.2 NEPA -Project Coordination, Management and Meetings $3,592 D.8 NEPA -Additional HPSR and ASR Reporting $40,057 D.9 NEPA –XP1 $49,992 ASR #4 –NEPA Services Subtotal $93,641 Subtotal $99,051 $93,641 Contingency $10,000 $10,000 Totals $109,051 $103,641 Amendment #2 Total $212,692 * For detailed breakdown of tasks, hours, and fee associated with ASR #3 and #4, see attached spreadsheets. BKF ENGINEERS November 19, 2018 City of Dublin $220 $174 $118 Hrs.$$250 $155 $100 $90 Lump Sum Lump Sum Hrs.$$ Task A Project Coordination 1 Decoupling CEQA/NEPA 24 20 0 44 $8,760 0 0 0 0 0 $0 44 $8,760 Meetings (Conference Calls/Bi-Weekly/Focus Mtgs)16 4 20 $4,216 0 $0 20 $4,216 Project Management/Coordination 8 16 24 $4,544 0 $0 24 $4,544 24 20 0 44 $8,760 0 0 0 0 -$-$0 $0 44 $8,760 Task D Prepare Appropriate CEQA/NEPA Analysis 1 CEQA-Project Description 3 0 0 3 $660 3 11 8 0 22 $3,255 25 $3,915 Prepare CEQA-Only Project Description 1 1 $220 2 8 10 $1,740 11 $1,960 Incorproate City Comments on CEQA-Only PD 1 1 $220 2 4 6 $710 7 $930 Finalize CEQA-Only PD 1 1 $220 1 1 4 6 $805 7 $1,025 2 CEQA-Draft EIR 0 2 0 2 $348 24 46 86 96 252 $40,370 254 $40,718 Prepare Draft EIR: Conversion to CEQA-Only and City Template 1 1 $174 16 28 70 80 194 $22,540 195 $22,714 Revise Technical Reports - CEQA Only 1 1 $174 8 18 16 16 $5,000 $5,000 58 $17,830 59 $18,004 3 NEPA-EA 0 3 0 3 $522 22 42 36 70 170 $21,910 173 $22,432 Convert NEPA Analysis into Caltrans EA-Only Format 1 1 $174 6 12 20 38 $5,360 39 $5,534 Addressing Additional City and CT Comments on EA 1 1 $174 8 16 16 30 70 $8,780 71 $8,954 Concurrent Preparation of NEPA and CEQA 1 1 $174 8 14 40 62 $7,770 63 $7,944 4 NEPA Noticing 0 0 0 0 $0 2 8 16 0 26 $3,340 26 $3,340 NEPA Noticing - Draft EA 0 $0 2 8 16 26 $3,340 26 $3,340 5 NEPA Public Meeting 4 4 8 16 $2,520 4 4 8 0 16 $2,420 32 $4,940 NEPA Public Meeting during Public Review 4 4 8 16 $2,520 4 4 8 16 $2,420 32 $4,940 6 NEPA Public Comments 4 4 0 8 $1,576 2 16 8 20 46 $5,580 54 $7,156 NEPA Public Comments 4 4 8 $1,576 2 16 8 20 46 $5,580 54 $7,156 7 NEPA Noticing - Final EA 0 0 0 0 $0 2 8 16 0 26 $3,340 26 $3,340 NEPA Noticing - Final EA 0 $0 2 8 16 26 $3,340 26 $3,340 11 13 8 32 $5,626 59 135 178 186 5,000$5,000$558 $80,215 590 $85,841 35 33 8 76 $14,386 59 135 178 186 5,000$5,000$558 $80,215 634 $94,601 $50 $3,800 $3,850 $50 $550 $600 $100 $4,350 $4,450 $14,486 $84,565 $99,051 $10,000 $109,051 Amendment #2 Project Subtotal: Contingency Project Total Not to Exceed Fee: Circlepoint TotalBKF Total Subtotal Reimbursable ExpensesCirclepointTotalHours Circlepoint/EnvSubconsultantFeeTotalCost2019 Professional Rates DrafterIIITaskHoursCirclepoint Environmental ProjectManagerBKF Engineers Civil, Survey, R/W and Project Management EngineerIIIHTHarveyIllingworthPrinting and DistributionBKFTotalHoursBKFFeeReimbursable Expenses Mileage/Travel Associate/GraphicsAssistantTask D Prepare Appropriate CEQA/NEPA Analysis Subtotal: Task A Project Coordination Subtotal: ASR #3: CEQA/NEPA Decoupling Dublin Boulevard-North Canyons Parkway Extension - Project Subtotal Reimbursable Expenses Amendment #2 ASR #3: CEQA/NEPA Decoupling Project Budget Task/Fee Summary Labor Subtotal (Hours and Fee) Printing/Reproduction/Postage/Delivery Mailing ExpensesProjectDirectorSrAssociate BKF ENGINEERS November 19, 2018 City of Dublin $220 $174 $118 Hrs.$$250 $155 $100 $90 Lump Sum Hrs.$$ Task A Project Coordination 1 Project Coordination 10 8 0 18 $3,592 0 0 0 0 $0 0 $0 18 $3,592 Meetings (Conference Calls/Focus Mtgs)8 8 $1,760 0 $0 8 $1,760 Project Management/Coordination 2 8 10 $1,832 0 $0 10 $1,832 10 8 0 18 $3,592 0 0 0 0 -$0 $0 18 $3,592 Task D Prepare Appropriate CEQA/NEPA Analysis 1 NEPA-Additional HPSR and ASR Reporting 0 1 0 1 $174 8 30 20 0 $31,233 58 $39,883 59 $40,057 Update HPSR and ASR to Reflect Additional Reporting 1 1 $174 8 30 20 58 $8,650 59 $8,824 Field Work 0 $0 $9,120 0 $9,120 0 $9,120 Update ASR 0 $0 $7,508 0 $7,508 0 $7,508 Additional DPR Forms 0 $0 $10,740 0 $10,740 0 $10,740 Caltrans Review of ASR (Edits)0 $0 $3,865 0 $3,865 0 $3,865 2 XP1 4 5 0 9 $1,750 10 28 42 24 $35,042 104 $48,242 113 $49,992 Preparation of XP1 Proposal and Approval by Caltrans -0 $0 $515 0 $515 0 $515 Preparation of XP1 Testing Plan 3 0 $0 3 $515 3 $980 3 $980 Perform XP1 -0 $0 $15,297 0 $15,297 0 $15,297 Additional Reporting for HPSR/Preparation of Revised HPSR 0 $0 1 2 $1,955 3 $2,310 3 $2,310 Preparation of XP1 Report 1 1 2 $394 2 5 $3,683 7 $4,493 9 $4,887 Revised HPSR/XP1 (Caltrans Review)1 1 $174 2 4 5 $3,942 11 $5,562 12 $5,736 Final Draft ASR/HPSR/XP1 for SHPO Submittal 1 1 2 $394 2 4 5 $5,108 11 $6,728 13 $7,122 Revised ASR/HPSR/XP1 (SHPO comments)1 1 $174 2 4 5 $4,027 11 $5,647 12 $5,821 Incorporation of ASR/HPSR/XP1 into Draft EIR/EA 2 1 3 $614 4 10 20 24 $0 58 $6,710 61 $7,324 4 6 0 10 $1,924 18 58 62 24 66,275$162 $88,125 172 $90,049 14 14 0 28 $5,516 18 58 62 24 66,275$162 $88,125 190 $93,641 $0 $0 $0 $0 $0 $5,516 $88,125 $93,641 $10,000 $103,641 Amendment #2 Project Subtotal: Contingency Project Total Not to Exceed Fee: Circlepoint TotalBKF Total Subtotal Reimbursable ExpensesCirclepointTotalHours Circlepoint/EnvSubconsultantFeeTotalCost2019 Professional Rates DrafterIIITaskHoursCirclepoint Environmental ProjectManagerBKF Engineers Civil, Survey, R/W and Project Management EngineerIIIWSASeeAttachmentCforHoursBreakdownPrinting and DistributionBKFTotalHoursBKFFeeReimbursable Expenses Mileage/Travel Associate/GraphicsAssistantTask D Prepare Appropriate CEQA/NEPA Analysis Subtotal: Task A Project Coordination Subtotal: ASR #4: NEPA - Cultural Dublin Boulevard-North Canyons Parkway Extension - Project Subtotal Reimbursable Expenses Amendment #2 ASR #4: NEPA Cultural Project Budget Task/Fee Summary Labor Subtotal (Hours and Fee) Printing/Reproduction/Postage/Delivery Mailing ExpensesProjectDirectorSrAssociate Budget Change Reference #: From Un-Appropriated Reserves Budget Transfer Between Funds From Designated Reserves Other New Revenue Account Amount Account Amount ST0216.9200.9202 - Design $212,692 3600.9601.49999 (Transfers In)$212,692 ST0216.2217 (2217.9601.89101) - Measure BB Grants Fund - Transfers Out $212,692 2217.0000.47301 $212,692 12/4/2018 Posted By:Date: REV: Measure BB Grants Fund - County Grant As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN Adding more environmental work for the project. REASON FOR BUDGET CHANGE FISCAL YEAR 2018-19 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT EXP: Measure BB Grants - Dublin Blvd Extension City Council's Approval Required \\cc-uem\users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\4079 4079