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HomeMy WebLinkAboutReso 132-18 Amendment #2 to the Consulting Services Agreement with BKF Engineers for Additional Environmental Work on Extension of Dublin Boulevard to North Canyons Parkway Project RESOLUTION NO. 132 — 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: Councilmembers Gupta, Hernandez, Thalblum and Mayor Haubert NOES: ABSENT: Councilmember Goel ABSTAIN: (4 - Ma or ATTEST: Reso No. 132-18, Adopted 12/4/18, Item 4.11 Page 1 of 1 ( fQ City Clerk Reso No. 132-18, Adopted 12/4/18, Item 4.11 Page 2 of 1 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