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STAFF REPORT CITY C L E R K
DUBLIN CITY COUNCIL File # ^®~0^-®'®
DATE: March 16, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJEC Approval of Cooperative Agreement with the California State Department of
Transportation (Caltrans) and Approval of Consultant Agreement for Design
Engineering Services with BKF Engineers, for the Village Parkway-Amador Valley
Boulevard Stormwater Treatment Project, CIP No. 960009
Prepared By: Mark Lander, City Engineer
EXECUTIVE SUMMARY:
Caltrans will provide to the City of Dublin funding in the amount of $647,800 for the installation
of two water quality storm drain manholes in the Village Parkway/ Amador Valley Boulevard
neighborhood as mitigation for construction of High-Occupancy Vehicle (HOV) Lanes on
Interstate 680. Approval is needed by the City Council of a Cooperative Agreement with
Caltrans and also a consultant contract with BKF Engineers to complete the design for the
work.
FINANCIAL IMPACT:
Under the terms of the Cooperative Agreement, the Caltrans $647,800 project funding is
allocated as follows:
Project Com onent State Grant Fundin
Maximum Project Desi n Reimbursement $ 63,000
Maximum Project Construction Reimbursement (Including
administration and construction mans ement $ 504,800
Contribution Towards Future Maintenance $ 80,000
TOTAL . $ 647,800
The entire project and State Revenue was budgeted in Fiscal Year 2009 -2010. Based on the
project delay by CalTrans, Staff will allocate the projected expense in the FY 2010-2011 Budget
and Capital Improvement Plan.
The City does not control the timing of the State reimbursements. In the past year the State did
issue IOU's for some vendors. It is unclear whether a future State cash flow crisis may affect
the timing of reimbursements from the State.
Page 1 of 3 ITEM NO. ~ '~
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RECOMMENDATION:
1. Adopt the Resolution Approving Cooperative Agreement between the City of Dublin
and the State of California Department of Transportation (Caltrans) for the Village
Parkway /Amador Valley Boulevard Stormwater Treatment CIP Project 960009
2. Adopt the Resolution Approving Agreement with BKF Engineers for Consulting
Services for the Village Parkway /Amador Valley Boulevard Stormwater Treatment
CIP Project 960009
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Sub fitted By Reviewed By Revi wed y
City Engineer Admin. Services Director Assistant City Manager
DESCRIPTION:
Caltrans is required to provide improvements in conjunction with State highway projects that
mitigate water quality impacts caused by new construction. Caltrans and the San Francisco
Bay Regional Water Quality Control Board (Regional Board) have developed an In-Lieu Water
Quality Program. Under the program, Caltrans may, on State Highway projects where it is
physically or financially impractical to construct water quality measures, instead fund the
construction of offsite water quality improvements that provide an equal or better level of
treatment than would have been required for the State highway project.
The City previously completed a similar project under this program. In 2007, as mitigation for
the State Highway 84 Pigeon Pass project between Livermore and I-680, Caltrans selected the
City of Dublin to provide improvements through a cooperative agreement. The project involved
installing two stormwater treatment units as part of the Dublin Boulevard/ Dougherty Road
intersection widening project,. The treatment units were installed in March 2008; Caltrans
provided $249,060 for design, construction, and maintenance costs.
At the close of the Dougherty Road project, Caltrans informed the City that it was looking for an
additional mitigation site for impacts associated with the installation of High Occupancy Vehicle
(HOV) lanes on I-680 between I-580 and Highway 237. Caltrans and City staff developed a
second project that has been approved by the Regional Board as acceptable mitigation. The
project was added to the City's Five-Year Capital Improvement Program in the 2008-2009
Fiscal Year as the Village Parkway- Amador Valley Boulevard Stormwater Treatment Project,
Project No. 960009.
The water quality improvements will consist of the installation of two underground hydrodynamic
separator stormwater treatment units, one located on Maple Drive just west of York Drive and
the second on Amador Valley Boulevard just east of Village Parkway (Attachment 1). Both units
will be located immediately upstream of the storm drain outfalls into the Zone 7 Water Agency
F-4 Flood Control Channel. These locations were chosen because the upstream storm drain
system serves the commercial area on Village Parkway between Dublin Boulevard and Amador
Valley Boulevard. This area contains numerous fast-food and takeout restaurants that,
combined with heavy pedestrian traffic, has been observed to produce an ongoing litter
problem. The treatment units use centrifugal force to separate and screen pollutants (including
trash and other floatable material, sediment and particulate matter, and oil and grease) and trap
Page 2 of 3
the pollutants within the unit. The City currently has six similar units in use at other locations and
has not experienced any problems with maintenance.
A third component of the project will be located in Caltrans right-of-way at the northbound
Interstate 680 on-ramp at Village Parkway. An existing storm drain conveying runoff from
Village Parkway and the ramp will be abandoned, and runoff will instead be directed to a
vegetated swale in the right-of-way that will filter runoff prior to discharge into the adjoining Zone
7 J-1 channel.
Under the terms of the proposed Cooperative Agreement (Attachment 2), Caltrans will
reimburse the City for design costs (up to $63,000) and construction, construction management,
and administrative overhead costs (up to $504,800). Caltrans will also provide an upfront
payment of $80,000 which is projected to cover the estimated 20-year cost of maintaining the
two stormwater treatment units (The vegetated swale will be located on Caltrans right-of-way
and will be maintained by Caltrans). The annual cost was developed by Staff based on the past
cost of maintaining existing City-owned treatment units. The maintenance costs for these units
will be tracked and funded using these special storm drain reserves provided by the Caltrans
Grant. Interest earnings will be allocated to the designated reserves and can also be used to
fund the ongoing maintenance of the units.
The City of Dublin is subject to the terms of the Municipal Regional Permit for stormwater
(MRP), adopted by the Regional Board in October 2009. The MRP contains requirements for
new trash abatement efforts by municipalities, including the requirement that an area equal to at
least 30% of a municipality's commercial/ retail area be treated by full-trash capture devices.
This would require that the City of Dublin treat 113 acres with trash-capture devices, at an
estimated cost of over $1 Million. The Regional Board has specifically approved the City of
Dublin taking credit for up to 34 acres of trash and litter treatment for the purpose of meeting
the MRP requirements as a result of this cooperative project with Caltrans. There are currently
trash capture devices in place treating approximately 88 acres (most of the devices were
installed with new development). In combination with the additional acreage added under the
cooperative project, the City will have a total of 122 treated acres and will meet the MRP trash
capture requirement.
Staff,is proposing to contract with BKF Engineers for design engineering services (Attachment
3). BKF provided the design services for the Dougherty Road/ Dublin Boulevard stormwater
treatment units, and has extensive experience in design of similar treatment units for both public
and private projects. BKF has provided a proposal in the amount of $59,828 for design services.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Residents and businesses adjacent to the project will receive noticing as the start of
construction has been scheduled.
ATTACHMENTS: 1. Vicinity Map
2. Resolution Approving Cooperative Agreement with Caltrans,
Including Exhibit "A", Cooperative Agreement
3. Resolution Approving Consultant Contract for Design with
BKF Engineers, Including Exhibit "A", Contract
G:\NPDES\Village Pkwy AVB Treatment Units (Caltrans)\Staff Report 3-16-10.doc
Page 3 of 3
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ATTACHMENT - 1
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RESOLUTION NO. - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR
VILLAGE PARKWAY/ AMADOR VALLEY BOULEVARD STORMWATER TREATMENT
CIP PROJECT 960009
WHEREAS, the State of California Department of Transportation (Caltrans) is constructing a
High Occupancy Vehicle (HOV) project on Interstate 680 between Interstate 580 and State Route 237 in
Alameda and Santa Clara Counties; and
WHEREAS, the San Francisco Bay Regional Water Control Board (Regional Board) has required
Caltrans to provide mitigation for impacts to water quality due to the construction of the HOV lanes; and
WHEREAS, the State and Regional Board have agreed that Caltrans can provide a portion of the
mitigation through the installation and maintenance of two stormwater treatment units near the
intersection of Village Parkway and Amador Valley Boulevard, and a vegetated Swale on Village Parkway
at the Interstate 680 Northbound Onramp; and
WHEREAS, Caltrans has prepared Cooperative Agreement No. 4-2274 (Cooperative Agreement),
under which the City will agree to install and maintain the treatment units and Caltrans will agree to
reimburse the City for these costs in an amount not to exceed $647,800;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Cooperative Agreement between Caltrans and the City of Dublin.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement,
attached hereto as Exhibit "A".
BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to
transmit a certified copy of this Resolution, together with duplicate executed copies of the Cooperative
Agreement, to Caltrans for approval and processing.
PASSED, APPROVED AND ADOPTED this 16th day of March, 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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Custom Mitigation 04-Ala-680-PM
DRAFT O 1 / 05/ 10 Sunol Grade Stormwater Management
EU/ELL 04-253788(25379,4A520,25376,
2537A, 25378)
District Agreement No. 4-2274
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE on 2010, is
between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as "STATE," and the
CITY OF DUBLIN, a body politic and a
municipal corporation of the State of
California, referred to herein as "CITY."
RF,[:TTAT,~
STATE and CITY, pursuant to Streets and Highways Code sections 114 and/or 130,
are authorized to enter into this Agreement.
2. STATE is constructing a southbound High Occupancy Vehicle (HOV) lane and related
improvements on Interstate 680 (I-680) in Alameda and Santa Clara Counties,
referred to herein as "PROJECT."
3. Pursuant to consultation in compliance with Division 7 of the California Water Code,
the San Francisco Bay Regional Water Quality Control Board (RWQCB) adopted a
Water Quality Certification for Southbound I-680 Sunol Grade Modified HOV Lane
Widening Project on April 16, 2008 (Site No. 02-O1-C0966, File Number 2198.11 (BT)),
hereinafter referred to as "CERTIFICATION," which by this reference is incorporated
herein.
4. Specifically, STATE desires to have certain requirements in the CERTIFICATION be
satisfied by CITY, which requirements are set forth in Exhibit A, attached hereto and
incorporated herein, hereinafter referred to as "CONDITIONS."
5. STATE desires that CITY implement the work described herein this Agreement,
including the work described in Exhibit B, attached hereto and incorporated herein,
hereinafter referred to as "SCOPE OF WORK," and thereby satisfy CONDITIONS.
6. CITY desires to assist STATE by satisfying CONDITIONS and performing the work
described in this Agreement.
7. The parties have determined that the total cost to complete the work described
pursuant to this Agreement is $647,800. Said cost is further described in Exhibit C,
attached hereto and incorporated herein.
8. The terms of this Agreement shall supersede any inconsistent terms of any prior
Memorandum of Understanding (MOU) or agreement relating to work set forth in
this Agreement.
9. The parties now define herein below the terms and conditions under which the terms
and conditions of this Agreement shall be implemented.
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DRAFT District Agreement No. 4-2274
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CITY AGREES:
To satisfy CONDITIONS by implementing all of the work described herein this
Agreement, including the SCOPE OF WORK.
2. To submit an initial invoice to STATE, within thirty (30) calendar days of execution of
this Agreement, in the amount of X300,000 which represents an initial deposit.
Thereafter, the CITY will submit invoice to STATE in arrears based on the actual
expenditures not to exceed $647,800 which amount represents STATE's total
financial obligation as set forth in the Agreement.
3. Within thirty (30) calendar days of receipt of STATE's initial payment of X300,000, to
submit written verification to STATE that CITY has deposited $80,000 of that said
deposit into an interest bearing account. Said $80,000 shall be used by CITY to
perform maintenance activities as described in the SCOPE OF WORK.
4. Work performed pursuant to this Agreement by CITY, or performed on CITY's behalf,
shall be performed in accordance with all State and Federal laws, regulations,
policies, procedures and standards that STATE would normally follow. Work
performed pursuant to this Agreement which lies within the State Highway System
(SHS) right of way shall be submitted to STATE for STATE's review, comment,
concurrence, and/or approval at appropriate stages of development.
5. To permit STATE to monitor, participate, and oversee the selection of personnel who
shall provide engineering services for work performed pursuant to this Agreement
which lies within the SHS right of way. CITY agrees to consider any request by STATE
to avoid a contract award or to discontinue the contracted services of any personnel
considered by STATE to be unqualified on the basis of credentials, professional
expertise, failure to perform, and/or other pertinent criteria.
6. To make written application to STATE for necessary encroachment permits
authorizing entry of CITY onto SHS right of way to perform work as outlined in this
Agreement. CITY shall also require CITY's consultants and contractors to make
written application to STATE for the same necessary encroachment permits.
7. To advertise, award, and administer the contract for work to be performed pursuant
to this Agreement in accordance with requirements of the Local Agency Public
Construction Act and the California Labor Code, including its prevailing wage
provisions. Workers employed in the performance of work contracted for by CITY,
and/or performed under encroachment permit, are covered by provisions of the
California Labor Code in the same manner as are workers employed by STATE's
contractors. The use of any Federal funds towards work to be performed pursuant to
this Agreement shall mandate the inclusion and enforcement of all applicable Federal
labor mandates.
8. Construction by CITY of those portions of work to be performed pursuant to this
Agreement which lie within the SHS right of way shall not commence until CITY's
contract plans involving such work, the utility relocation plans, and the right of way
certification have been reviewed and accepted by STATE and encroachment permits
have been issued to CITY and CITY's contractor.
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DRAFT District Agreement No. 4-2274
9. CITY's construction contractor shall maintain in force, until completion and
acceptance of the contract, a policy of General Liability Insurance, including coverage
of Bodily Injury Liability and Property Damage Liability, that complies with all
coverage requirements with Section 7-1.12 of STATE's then effective Standard
Specifications. Such policy shall contain an additional insured endorsement naming
STATE and its officers, agents, and employees as additional insureds. This insurance
coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to
STATE which shall be delivered to STATE before the issuance of an encroachment
permit to CITY's construction contractor.
10. To require the construction contractor to furnish both a payment and a performance
bond, naming CITY as oblige with both bonds complying with the requirements set
forth in Section 3-1.02 of STATE's current Standard Specifications prior to performing
any construction work performed pursuant to this Agreement. CITY shall defend,
indemnify, and hold harmless STATE and its officers, agents, and employees from all
claims and suits by stop notice claimants related to the construction work performed
pursuant to this Agreement.
11. Contract administration procedures shall conform to STATE's Construction Manual
and the construction encroachment permit for work within the State right of way.
12. Construction within the existing or ultimate SHS right of way shall comply with
STATE's Standard Specifications, STATE's Special Provisions, and STATE's
Construction Manual.
13. If any existing utility facilities conflict with the construction of work performed
pursuant to this Agreement or violate STATE's encroachment policy, CITY shall make
all necessary arrangements with the owners of such facilities for their timely
accommodation, protection, relocation, or removal.
The costs for the positive identification and location, protection, relocation, or removal
of utility facilities inside STATE's right of way shall be determined in accordance with
Federal and California laws and regulations, and STATE's policies, procedures,
standards, practices, and applicable agreements including, but not limited to,
Freeway Master Contracts.
14. All survey work within the SHS right of way shall conform to the methods,
procedures, and requirements of STATE's Surveys Manual and STATE's Staking
Information Booklet.
15. Material testing and Quality Control/Assurance which lies within the SHS right of
way shall conform to STATE's Construction Manual, Construction Manual
Supplement for Local Agency Resident Engineer, Local Agency Structure
Representative Guideline and STATE's California Test Methods, and shall be
performed by amaterial-tester certified by STATE.
16. All work, except as set forth in this Agreement, is to be performed by CITY. Should
CITY request that STATE perform any portion of work, not set forth in this Agreement,
CITY shall first agree to reimburse STATE for such work performed pursuant to an
amendment to this Agreement or a separate executed agreement.
17. For that portion of work performed pursuant to this Agreement which lies within the
SHS right of way, to furnish, and subject to the approval of STATE, a field site
representative who is a licensed civil engineer in the State of California to perform the
functions of a Resident Engineer. The Resident Engineer shall not be an employee or
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DRAFT District Agreement No. 4-2274
subcontractor of the entity, if any, that prepared the PS8sE or an employee of the
construction contractor.
18. For work to be performed pursuant to this Agreement which lies within the SHS right
of way, CITY shall furnish sufficient qualified support staff, subject to the approval of
STATE, to assist the Resident Engineer in, but not limited to, structure
representative, construction surveys, soils and foundation tests, measurement and
computation of quantities, testing of construction materials, checking shop drawings,
preparation of estimates and reports, preparation of the mandated "As-Built"
drawings, and other inspection and staff services necessary to assure that the
construction is being performed in accordance with the PSBvE. Said qualified support
staff shall be independent of the design engineering company and construction
contractor.
19. Within one hundred eighty (180) calendar days following the contract completion and
acceptance of the construction, furnish STATE with a complete set of "As-Built" plans
for that portion of construction which lies within the SHS right of way. The submittal
must also include all STATE requested contract records, including survey documents
and Records of Surveys (to include monument perpetuation per the Land Surveyor
Act, section 8771). CITY shall submit one vellum or paper set of "As-Built" plans, to
the State representative. Mylar or paper sepia plans are not acceptable. In addition,
the CITY shall provide the State representative a complete set of acceptable full-sized
reproducible "As-Built" plans on a CD-ROM in AutoCAD.
20. If unanticipated cultural, archaeological, paleontological or other protected materials
are encountered during work within the SHS right of way, CITY shall stop work in
that area until a qualified professional can evaluate the nature and significance of the
find and a plan is approved for the removal or protection of that material. CITY shall
notify STATE within twenty-four (24) hours of any said discovery within SHS right of
way. All costs for any removal or protection of any such materials shall be covered by
STATE and this Agreement shall be amended accordingly.
21. To notify STATE in writing within five (5) calendar days prior to the construction start
date of work performed pursuant to this Agreement.
22. To notify STATE in writing and obtain STATE's concurrence prior to making changes
to the SCOPE OF WORK, including changes that affect the PS&Es or may affect the
locations that are identified in Exhibit B.
23. To notify STATE in writing within ten (10) calendar days when work performed
pursuant to this Agreement has been completed.
24. To retain or cause to be retained for audit by STATE or other government auditors for
a period of four (4) years from the date of final payment for work performed pursuant
to this Agreement, or four (4) years from STATE payment of the final voucher,
whichever is longer, all records and accounts relating to work performed pursuant to
this Agreement. CITY shall retain said records and accounts longer for such periods
as are required in writing by STATE.
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DRAFT District Agreement No. 4-2274
SECTION II
STATE AGREES:
To provide CITY with a copy of CERTIFICATION and to subsequently notify and
provide copies of all subsequent amendments thereto, or correspondence, if any,
which may affect work performed pursuant to this Agreement or maintenance thereof.
2. To deposit with CITY, within thirty (30) calendar days of receipt of CITY's signed
invoice, the amount of $300,000 which represents as initial deposit. Thereafter,
STATE arrears based on the actual expenditures not to exceed $647,800 which
amount represents STATE's total financial obligation as set forth in this Agreement.
STATE may, at its sole discretion and pursuant to an amendment to this Agreement,
authorize a greater amount.
3. Upon receipt of all reports, plans, and other documents submitted by CITY, STATE
shall review, comment, and, if applicable, forward to RWQCB.
4. To issue, upon proper application and at no cost to CITY, an encroachment permit
required for work within SHS right of way. Any third party agent (including but not
limited to contractors, consultants, and utility owners) must obtain an encroachment
permit issued in their name, prior to performing any work within the SHS right of
way. All third party agents maybe subject to an encroachment permit fee assessment.
5. At no cost to CITY, to provide independent quality assurance (IQA) activities for work
performed within SHS right of way. This IQA function includes both the obligation
and authority to reject noncompliant work and materials, to order any actions needed
for public safety or the preservation of property on the SHS, and to assure compliance
with all provisions of the encroachment permit(s) issued by STATE to CITY and CITY's
contractor.
SECTION III
IT IS MUTUALLY AGREED:
All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature, State Budget Act authority, and the
allocation of funds by the California Transportation Commission (CTC).
2. All applicable laws, rules and policies relating to the use of Federal or State funds
shall apply, notwithstanding other provisions of this Agreement.
3. CITY shall conform to the provisions of Labor code sections 1720 through 1815, all
applicable regulations and coverage determinations issued by the Director of
Industrial Relations. CITY agrees to include prevailing wage requirements in its
contracts for public work. Work performed by CITY's own forces is exempt from the
Labor Code's prevailing wage requirements.
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DRAFT District Agreement No. 4-2274
4. CITY shall require its contractors to include prevailing wage requirements in all
subcontracts funded by this Agreement when the work to be performed by the
subcontractor is a "public work" as defined in Labor Code section 1720(a)(1).
Subcontracts shall include all prevailing wage requirements set forth in CITY's
contracts.
5. CITY shall conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §
276(a) in addition to Labor Code provisions. CITY agrees to include federal prevailing
wage requirements in its contracts for public work. Work performed by CITY's own
forces is exempt from federal prevailing wage requirements.
6. CITY shall require its contractors to include federal prevailing wage requirements in
all subcontracts funded in whole or in part with federal funds where the
subcontractor shall perform a type of work subject to Davis-Bacon and Related Acts
requirements. Subcontracts shall include all prevailing wage requirements set forth in
CITY's contracts.
7. The parties to this Agreement understand and agree that STATE's IQA is defined as
providing STATE policy and procedural guidance to CITY for work performed
pursuant to this Agreement which lies within the SHS right of way. This guidance
includes prompt reviews by STATE to assure that all work and products delivered or
incorporated into this Agreement by CITY conform with then existing STATE
standards. IQA does not include any related work deemed necessary to actually
develop and deliver the work performed pursuant to this Agreement, nor does it
involve any validation to verify and recheck any work performed by CITY and/or its
consultants or contractors and no liability shall be assignable to STATE, its officers
and employees by CITY under the terms of this Agreement or by third parties by
reason of STATE's IQA activities. STATE shall not provide IQA for work performed
pursuant to this Agreement which lies outside of SHS right of way.
8. City agrees to obtain all necessary permits, agreements, and/or approvals for work
performed pursuant to this Agreement from appropriate regulatory agencies.
9. CITY shall be responsible for complying with the environmental clearances, including
implementing any and all environmental commitments set forth in the environmental
documentation, permits, agreements, and/or approvals. The costs of said compliance
and implementation shall be a cost covered by this Agreement.
10. All administrative reports, studies, materials, and documentation, including, but not
limited to, all administrative drafts and administrative finals, relied upon, produced,
created or utilized for work performed pursuant to this Agreement shall be held in
confidence pursuant to Government Code section 6254.5(e). The parties agree that
said material shall not be distributed, released or shared with any other organization,
person or group other than the parties' employees, agents and consultants whose
work requires that access without the prior written approval of the party with the
authority to authorize said release and except as required or authorized by statute or
pursuant to the terms of this Agreement.
11. During work performed pursuant to this Agreement which lies within the SHS right of
way, representatives of CITY and STATE shall cooperate and consult with each other
to assure that all work which lies within the SHS right of way is accomplished
according to the PS&E and STATE's then applicable policies, procedures, standards,
and practices. Satisfaction of these requirements shall be verified by STATE's IQA
representatives during construction for the purpose of monitoring and coordinating
construction activities for the SHS.
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DRAFT District Agreement No. 4-2274
12. Any PS8vE changes which lies within the SHS right of way shall only be implemented
by contract change orders that have been reviewed and approved with by STATE's
representative(s). All changes affecting public safety or public convenience, all design
and specification changes, and all major changes as defined in STATE's Construction
Manual shall be approved by STATE in advance of performing that work which lies
within the SHS right of way. In the event that such changes increase the total cost of
the work performed pursuant to this Agreement, the additional costs shall be covered
by STATE, and this Agreement shall be amended accordingly. Unless otherwise di-
rected by STATE's representative, change orders authorized as provided herein this
Article 13, shall not require an encroachment permit rider. All changes shall be
shown on the "As-Built" plans.
13. In the event that STATE proposes and/or requires a change in design standards for
work performed pursuant to this Agreement which lies within the SHS right of way,
implementation of those new or revised design standards shall be done in accordance
with STATE's Highway Design Manual, Section 82.5, "Effective Date for Implementing
Revisions to Design Standards." STATE shall consult with CITY in a timely manner
regarding the effect of proposed and/or required changes. Any additional related
costs shall be covered by the STATE, and this Agreement shall be amended
accordingly.
14. CITY shall allow representatives of STATE and RWQCB access to the locations
identified in SCOPE OF WORK for the purpose of verification of construction.
15. The party that discovers hazardous material (HM) shall immediately notify the other
party(ies) to this Agreement.
HM-1 is defined as hazardous material (including, but not limited to, hazardous
waste) that requires removal and disposal pursuant to federal or state law, whether it
is disturbed by work performed pursuant to this Agreement or not.
HM-2 is defined as hazardous material (including, but not limited to hazardous waste)
that may require removal and disposal pursuant to federal or state law, only if
disturbed by work performed pursuant to this Agreement.
16. STATE, independent of work to be performed pursuant to this Agreement, is
responsible for any HM-1 found within existing SHS right of way. STATE shall
undertake HM-1 management activities with minimum impact to work performed
pursuant to this Agreement schedule and shall pay all costs for HM-1 management
activities.
CITY, independent of work to be performed pursuant to this Agreement, is responsible
for any HM-1 found outside existing SHS right of way. CITY shall undertake, or cause
to be undertaken, HM-1 management activities with minimum impact to work
performed pursuant to this Agreement and shall pay, or cause to be paid, all costs
associated with HM-1 management activities.
17. If HM-2 is found within the limits of the locations defined in Attachment 1 of SCOPE
of WORK, CITY shall be responsible for HM-2 management activities. Any
management activity cost related to HM-2 is a cost covered pursuant to this
Agreement.
18. Management activities related to either HM-1 or HM-2 include, without limitation, any
necessary manifest requirements and designation of disposal facility.
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DRAFT District Agreement No. 4-2274
19. STATE's acquisition or acceptance of title to any property on which any hazardous
material is found shall proceed in accordance with STATE's policy on such
acquisition.
20. STATE, in exercising its authority under section 591 of the Vehicle Code, has included
all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle
Code as applicable to the work areas open to public traffic. CITY shall take all
necessary precautions for safe operation of CITY's vehicles, the construction
contractor's equipment and vehicles and/or vehicles of personnel retained by CITY to
assure the protection of the traveling public and STATE employees from injury and
damage from such vehicles or equipment.
21. Upon satisfactory completion of SCOPE OF WORK under this Agreement, actual
ownership and title to materials, equipment, and appurtenances installed within the
operating SHS right of way for SHS operations shall be vested in STATE, and
materials, equipment, and appurtenances installed for non-SHS operations both
inside (overcrossings and underpasses for local traffic) and outside of the SHS right of
way shall automatically be deemed to be under the control of CITY or an appropriate
third party as determined by CITY.
22. Upon completion of work performed pursuant to this Agreement and acceptance
thereof, subject to the approval of STATE, CITY shall operate and maintain all
facilities outside of the SHS right of way using the funds identified in Section I, Article
3 of this Agreement.
23. In the event that facilities which are installed pursuant to this Agreement are affected
by a future STATE or CITY project, the agency responsible for that said project shall
replace the affected portion of facilities at no cost to the other party. CITY shall
complete the maintenance activities of any such new facilities located outside the SHS
right of way with the funding described in Section I, Article 3 of this Agreement.
24. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not a party to this Agreement or to affect the
legal liability of either party to the Agreement by imposing any standard of care with
respect to the development, design, construction, operation, or maintenance of the
SHS and public facilities different from the standard of care imposed by law.
25. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by STATE
under or in connection with any work, authority or jurisdiction conferred upon STATE
under this Agreement. It is understood and agreed that STATE shall fully defend,
indemnify and save harmless CITY and all its officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, including,
but not limited to, tortious, contractual, inverse condemnation or other theories or
assertions of liability occurring by reason of anything done or omitted to be done by
STATE under this Agreement.
26. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or jurisdiction conferred upon
CITY under this Agreement. It is understood and agreed that CITY shall fully defend,
indemnify and save harmless STATE and all its officers and employees from all
claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortious, contractual, inverse condemnation and other
8
//~59
DRAFT District Agreement No. 4-2274
theories or assertions of liability occurring by reason of anything done or omitted to
be done by CITY under this Agreement.
27. No alteration or variation of the terms of this Agreement shall be valid unless made by
a formal amendment executed by the parties hereto and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
9
lo? a~'
DRAFT District Agreement No. 4-2274
28. This Agreement shall terminate upon the satisfactory completion of the work
described herein and the delivery of required documents, with concurrence of STATE,
or on December 31, 2032, whichever is earlier in time, except that the ownership,
operation, maintenance, indemnification, environmental commitments, and claims
articles shall remain in effect until terminated or modified, in writing, by mutual
agreement.
STATE OF CALIFORNIA CITY OF DUBLIN
DEPARTMENT OF TRANSPORTATION
RANDELL H. IWASAKI
Director
By:
Deputy District Director
By:
City Manager
APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE:
PROCEDURE:
Attorney Attorney
Department of Transportation
CERTIFIED AS TO BUDGETING OF
FUNDS:
District Budget Manager
CERTIFIED AS TO FINANCIAL TERMS AND
CONDITIONS:
Accounting Administrator
10
/3~d 59
EXHIBIT A
CERTIFICATION CONDITIONS
Cooperative Agreement 4-2274
Permanent Stormwater Treatment Controls:
Project implementation would result in 26.74 acres of new and reworked impervious
areas. The Department) has proposed on-site stormwater treatment of 9.70 acres using
biofiltration strips, resulting in a 17.04 acre treatment deficit.
The Department has proposed an alternate stormwater treatment project (proposal) in
coordination with the City of Dublin2 that would treat stormwater runoff from urbanized
impervious areas. Contingent upon implementation of the following proposal summary,
the Water Board will consider full implementation of the alternative treatment proposal
as meeting the Project's outstanding 17.04 acre treatment deficit.
The Department has proposed to ensure stormwater treatment for approximately 60 acres
of impervious residential and commercial area using hydrodynamic separators in the city
of Dublin. One separator shall be installed on Maple Drive between York Drive and
Ebensburg Lane and treat stormwater from a 41-acre catchment. The second separator
shall be installed on Amador Valley Boulevard immediately southwest of the York Drive
terminus and treat a 19-acre catchment. The hydrodynamic separator devices shall be
equipped with oil sorbent materials to provide effective removal of trash, suspended
solids and petroleum-based pollutants. Additionally, the Department has proposed retrofit
of an existing culvert to provide approximately 0.51 acres of impervious area treatment
using a biofiltration swale (See #2 in this section, below, for a description).
Hydrodynamic separators are not considered by the Water Board to provide treatment of
stormwater pollutants to the Maximum Extent Practicable (MEP), and therefore are not
considered one-to-one alternatives for foregone MEP stormwater treatment. Additionally,
the Water Board typically will not allow alternative treatment using non-MEP
technologies, unless they are one step in a treatment train that, overall, provides MEP
treatment. Nevertheless, the Water Board is accepting the Department's current proposal
because all of the following apply:
1. On-site MEP Stormwater treatment opportunities have been maximized;
2. The Department has maximized off-site MEP stormwater treatment opportunities
as demonstrated by: 1) Inclusion of at least one off-site treatment control that
surpasses the MEP standard; and 2) Field verification by Water Board staff that
off-site stormwater treatment opportunities are exhausted.
1. The word "Department" shall have the same meaning as the word "STATE"asset forth in the Agreement.
2. The words "City of Dublin" shall have the same meaning as the word "CITY"asset forth in the Agreement.
i9~6ti9
In between Village Parkway and Interstate 680, between Dublin Boulevard and
the adjacent northbound I-680 on-ramp, the Department has identified a portion of
its right-of--way that may be retrofitted to convert a grass strip into a biofiltration
Swale. The Swale shall treat freeway and roadway stormwater runoff from
approximately 0.51 acres of impervious surface. The area currently receives
runoff only from the freeway on-ramp; however, the Department shall divert
runoff from approximately 0.28 acres of Village Parkway:
The Water Board has been working with the Department to publicize that
Department-funded stormwater treatment opportunities are available to
municipalities. At the time of this certification's issuance, the city of Dublin was
the only jurisdiction offering a feasible alternative compliance project. Water
Board staff met with Dublin city staff to confirm MEP opportunities were not
being overlooked in the proposed treatment area; and,
4. The City of Dublin shall be subject to trash control requirements as detailed in the
yet-to-be ratified Municipal Urban Regional Permit (MRP). The tentative MrP
language requires municipalities to identify five percent of the total
urban/suburban areas within their city limits and provide full capture treatment for
those areas. This level of treatment is proposed to be provided no later than four
years from adoption of the MRP. Although Dublin has indicated it intends to
claim trash treatment credit for approximately 34 of the 60 acres treated by the
proposed hydrodynamic separators, given the language in the draft MRP at the
time of this certification issuance, Caltrans sponsorship of the treatment devices
will ensure their implementation within one to on-and-a-half years of the date of
this certification, thereby providing treatment at an earlier date than may
otherwise be provided.
/5aG 5`]
Exhibit B
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility for
environmental compliance, contract design development, construction
administration, maintenance and reporting requirements for proposed
stormwater treatment construction improvements projects within the CITY'sl
and STATE's2 Right of Way.
Section 1. stormwater treatment construction improvement projects to
be completed:
A.) Within the CITY's Right of Wav: CITY shall install two Contech (2)
hydrodynamic separators to treat approximately 60 acres of impervious area.
One separator shall be installed on Amador Valley Boulevard (Attachment 1 -
Unit 1 Separator) immediately southwest of the York Drive terminus. The first
hydrodynamic separator shall treat stormwater from a 19-acre catchment
(Attachment 1 -Location 1) . The second hydrodynamic separator shall be
installed on Maple Drive between York Drive and Ebensburg Lane (Attachment
1-Unit 2 Separator) . The separator shall treat stormwater from a 41-acre
catchment (Attachment 1- Location 2). Both Contech hydrodynamic separator
devices shall be equipped with oil sorbent materials to provide hydrocarbon
pollutant removal.
B.) Within the CITY's Right of Way: CITY shall retrofit an existing culvert pipe
located along Village Parkway to direct 0.28 acres of runoff flow to the
bioswale that will be installed within the STATE's Right of Way. (Attachment 1
- Location 3)
C.) Within the STATE's Right of Wav: CITY shall convert a grass strip into a
biofiltration swale. The swale shall treat freeway and roadway stormwater
runoff from approximately 0.51 acres of impervious surface. (Attachment 1 -
Location 4).
The word "CITY" shall have the same meaning as the word "CITY of Dublin" as set forth in Exhibit A of this
Agreement.
2 The word "STATE" shall have the same meaning as the word "Department" as set forth in Exhibit A of this
Agreement.
1
lE ~5q
District Agreement No. 4-2274
Section 2. Environmental Compliance
A.) Within the City of Dublin: CITY will be the California Environmental
Quality Act (CEQA) Lead Agency and STATE will be the CEQA responsible
agency for the Stormwater treatment construction improvement projects
which will be located outside of STATE's Right of Way.
If new information is obtained during design or installation of the
stormwater treatment construction improvement projects within CITY's
Right of Way which requires the preparation of additional environmental
documentation to comply with CEQA, CITY will complete those additional
tasks, subject to an amendment to the Agreement to modify the amount to
be paid by STATE pursuant to Section III. S of the Agreement. The STATE
shall review, comment and concur with the additional environmental
documentation.
Within STATE's Right of Wad STATE will be the CEQA Lead Agency and
CITY will be the CEQA responsible agency for the Stormwater treatment
construction improvement project located within STATE's Right of Way.
If new information is obtained during design or installation of the
stormwater treatment construction improvement projects within STATE's
Right of Way which requires the preparation of additional environmental
documentation to comply with CEQA, STATE will complete those additional
tasks.
B.) CITY shall obtain all necessary permits, agreement or approvals from the
applicable regulatory agencies for implementation of all of the stormwater
treatment construction improvement projects described in Section 1 of this
Exhibit B.
C.) CITY shall be responsible for implementation of any and all environmental
commitments set forth in the environmental documentation, permit(s),
agreement(s), and/or approval(s) for all of the Stormwater treatment
construction improvement projects described in Section 1 of this Exhibit B.
Section 3. Stormwater Treatment Construction Improvement Projects
Design Development
A.) CITY shall prepare the Plans, Specifications and Estimates (PS8vE) in
accordance with guidelines, design standards and requirements approved
by the CITY, for the installation of two Contech hydrodynamic separators.
The separators shall be sized and equipped to accommodate runoff from
catchment areas as outlined in Exhibit A and Section 1.A above. A copy of
the PSB~E for the separators shall be submitted to STATE for STATE's
review and comment.
2
/%~5`1
District Agreement No. 4-2274
B.) CITY shall prepare the PS8sE for the retrofitting of the culvert. The
retrofitted culvert shall be designed to direct 0.28 acres of runoff flow to the
biofiltration swale as outlined in Exhibit A and Section 1.(B) above. A copy
of the PS8vE for the culvert shall be submitted to STATE for STATE's review
and comment.
C.) CITY shall prepare the PSBvE for installation of the biofiltration swale. The
biofiltration swale shall be designed to conform to STATE's Design
Standards, Standard Specifications, Guidelines and construction manual.
Further, the biofiltration Swale shall be sized to accommodate runoff from a
catchment area as outlined in Exhibit A and Section l.(C) above. The
PS8vE for the biofiltration swale shall be submitted to STATE for STATE's
review, comment, concurrence and/or approval at appropriate stages of
development. City shall make written application to STATE for necessary
encroachment permits authorizing entry of CITY onto SHS right of way to
perform work as outlined in this Agreement. CITY shall also require CITY'S
consultants and contractors to make written application to STATE for the
same necessary encroachment permits.
Section 4. Construction administration
A.) CITY shall advertise, award and administrator the construction contract(s)
for all stormwater treatment construction improvement projects. Further,
the stormwater treatment construction improvement projects shall be
implemented according to the approved PSBvEs.
B.) CITY shall notify STATE in writing five (5) calendar days prior to the
construction start date of stormwater treatment construction improvement
projects.
C.) CITY shall notify STATE in writing and obtain STATE'S concurrence and/or
approval prior to making any changes to the approved PS8vE.
D.) As part of the construction contract and for a period of 90 days after
installation thereof, the CITY'S contractor shall maintain the biofiltration
swale installed within the STATE's Right of Way. Such maintenance shall
include, but not be limited to, establishment and nurturing of plantings,
removal of built up sediments and removal of trash.
E.) STATE shall accept the biofiltration Swale 90 days after installation,
provided that it meets the criteria of 80% vegetation cover and no more
than 20% weeds. In the event that the criteria is not met after 90 days,
then CITY and STATE shall meet to discuss the necessary remediation.
3
lB~ Sy
District Agreement No. 4-2274
Section 5. Maintenance
A.) Following completion of construction and acceptance of improvements, the
two (2) Contech hydrodynamic separators shall be incorporated into CITY's
inventory of stormwater treatment facilities and shall be maintained by
CITY thereafter. CITY shall ensure that the hydrodynamic separator
devices are properly maintained to enable their full pollutant removal
functionality, including but not limited to, effective removal of trash,
suspended solids and petroleum-based pollutants, for the service design
life of each device which is no less than 20 years and in conformance with
the 401 Certification, whichever is longer in time.
B.) The retrofitted culvert shall be maintained by CITY as necessary to ensure
that 0.28 acres of stormwater runoff flow is directed to the biofiltration
swale which has been installed in STATE's right of way.
C.) Following acceptance of the biofiltration swale by STATE, the biofiltration
swale will be maintained thereafter by STATE.
Section 6. Reporting and submittal requirements
A.) Submit written bank verification to STATE that CITY has deposited
$80,000.00 into an interest bearing account for the maintenance of the two
Contech hydrodynamic separators installed within the CITY for the 20 year
service life of each unit.
B.) CITY shall submit a report in electronic format detailing the installation of
the 2 Contech hydrodynamic separators, culvert, and biofiltration swale
within ten (10) days following completion of all construction work,
including, but not limited to the following information;
1. Date of construction completion.
2. Total cost for each project.
3. Name, address and telephone number of the maintenance entity that will
be maintaining the two Contech hydrodynamic separators.
4. Any changes that occurred during construction (if any).
C.) CITY shall, within 180 calendar days following the contract completion and
acceptance of the construction, furnish STATE with a complete set of "As-
Built" plans for that portion of construction which lies within SHS right of
way. The submittal must also include all STATE requested contract
records, including survey documents and Records of Surveys (to include
monument perpetuation per the Land Surveyor Act, section 8771). CITY
shall submit one vellum or paper set of "As-Built" plans, to the State
4
l9-t SR
District Agreement No. 4-2274
representative. Mylar or paper sepia plans are not acceptable. In addition,
the CITY shall provide the State representative a complete set of acceptable
full-sized reproducible "As-Built" plans on a CD-ROM in AutoCAD.
D.) Submit an annual maintenance report in electronic format on the
hydrodynamic separators to STATE by October 1St each year for twenty
years including, but not limited to the following information;
1. Date of maintenance.
2. List of maintenance activities performed (I.E, change absorbent pillow).
3. General operation and condition of the separators.
4. Any recommendations based on the maintenance review.
It is acceptable for the CITY to provide an excerpt of their annual National
Pollutant Discharge Elimination System (NPDES) report to the San
Francisco Bay Regional Water Quality Control Board which also documents
maintenance activities of water-treatment measures in the CITY system.
The excerpt must address the items listed above in the annual
maintenance reporting.
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ATTACHMENT - 1
CITY
OF
DUBLI N
`\,~y 01 (XB~.r
i~ u
,~ ~,
Stormwater
Treatment
Project
January
2008
--- Freeways
School
~~~ Parks
Public Street
Private Residential
- RecreationaVBike Trail
- Mains < 20"
- Mains 20" to 42"
-- Mains 45" - 96"
---- PIPE, Size Unknown
STUBS
- BOX CULVERT
- CULVERT
- CHANNEL
m CATCH BASIN
" INLET
• HEADWALL
Treatment Projects
~`~ ~+ Location 1
~~ Catchment Area
. Location 2
Catchment Area
Unit #1
'~ Unit #2
~~;r Location 3
Location 4 Bioswale
in State Right of Way
0 2so soo ~,aoo tsoo Z,~ 1 inch squats 150 feet
~6~5q
California Regional Water Quality Control Board
San Francisco Bay Region
Linda S. Adams 1515 Clay Street, Suite 1400, Oakland, California 946]2
Secretary for (510) 622-2300 • Fax {510) 622-2460
Environmental http://www.waterboards.ca.gov/sanfranciscobay
Proieclion
Date: ~IPh~ Y ~ 2DDS
Site No. 02-O1-C0966
File No. 2198.11 (BT)
California Department of Transportation
Attn: Ms. Judy Chen
111 Grand Avenue
Oakland, CA 94612
Arnold Schwarzenegger
Governor
Subject: Water Quality Certification for Southbound Interstate 680 Sunol Grade
Modified HOV Lane Widening Project, City of Fremont, Alameda County,
Unincorporated Alameda County, and City of Milpitas, Santa Clara County
Department Project No.: EA 04-253751
Dear Ms. Chen:
We have reviewed and hereby issue water quality certification to the California Department of
Transportation (Department) for the project referenced above (hereinafter Project). The
Department has applied to the U. S. Army Corps of Engineers (Corps) for Nationwide Permit No.
27, Wetland and Riparian Restoration and Creation Activities, pursuant to Section 404 of the
Clean Water Act (33 U.S.C. 1344). As such, the Department has applied to the Water Board for a
Clean Water Act Section 401 water quality certification that the Project will not violate State
water quality standards.
Project: The Department proposes to construct a southbound HOV lane and make related
improvements along a 21.7-mile stretch of Interstate 680 (I-680}, beginning at the I-680/State
Route 237 interchange in the city of Milpitas, Santa Clara County, and extending north through
the Alameda County cities of Fremont and Pleasanton. The northern terminus of the Project is at
the Stoneridge Drive interchange in the City of Pleasanton. Improvements related to HOV lane
construction include widening of the outside roadway shoulders, widening of eight bridges,
construction of three auxiliary lanes, installation of retaining walls and drainage systems, and
application of an asphalt overlay on the southbound ramps and mainline.
Three auxiliary lane segments connecting on-ramps and off-ramps will be constructed between
the following six freeway interchanges: Jacklin Road and Scott Creek Road; Mission Boulevard
Preserving, enhancing, and restoring the San Francisco Bay Area's waters for over SO years
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(Route 262) and Durham Road (Auto Mall Parkway); and, Washington Boulevard and Mission
Boulevard (Route 238).
Bridges spanning I-680 are proposed to be widened to accommodate additional traffic lanes, at
the following locations: Calaveras Boulevard in the city of Milpitas, East Warren Avenue in the
city of Fremont, North Mission Boulevard (SR 238) in the city of Fremont, Vargas Road in
unincorporated Alameda County, as well as north and southbound bridges crossing a Department
of Water Resources pipeline just south of East Warren Avenue in the city of Fremont.
Project construction is proposed to begin during the 2008-2009 construction season and be
completed by approximately August, 2010.
Impacts: Placement of a retaining wall between Post Miles 4.3 and 4.4, north of Auto Mall
Parkway in the city of Fremont, will result in permanent impacts to 6061inear feet (0.17 acres) of
a vegetated roadside drainage ditch. The Department will permanently impact 0.006 acres of a
seasonal isolated pond to install a permanent bridge footing for I-680 bridge widening over the
DWR pipeline. The same pond, as well as three additional seasonal isolated ponds in the same
vicinity, will be temporarily impacted by construction access activities, totaling 0.042 acres.
Additionally, to create wetland and riparian habitat contiguous with Sabercat Creek in Fremont,
the Department will temporarily impact 241 linear feet (0.105 acres) of ephemeral creek.
Project implementation would result in 26.74 acres of new and reworked impervious areas.
Stormwater runoff from new and reworked impervious areas may contain hydrocarbons, metals,
volatile organic compounds, trash, and sediment at levels that may significantly impact State
waters if left untreated. Additionally, added impervious areas may result in alterations to existing
hydrologic regimes, resulting in erosion and/or changes of sediment transport in receiving waters
(hydromodification).
Mitigation: The Deparment will mitigate for temporary and permanent impacts through a
combination of on- and off-site activities.
Ye~etated drainage ditch creation: The Department will construct a retaining wall that will allow
rebuilding of the 6061inear foot drainage ditch, in-kind, adjacent its current location.
Sabercat Creek and unnamed tributary restoration and creation: The Department will restore
6601inear feet (0.72 acres) of riparian habitat, and create 0.42 acres of wetland habitat and 5.14
acres of oak woodland, along perennial Sabercat Creek and its adjacent perennial tributary. The
Sabercat Creek mitigation area is located along northbound I-680 just south of Washington
Boulevard in the city of Fremont.
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As part of wetland creation and riparian restoration activities, culverted portions of Sabercat
Creek and an unnamed tributary to Sabercat Creek will be daylighted, approximately 165 and 70
linear feet, respectively, just upstream of their current underground confluence beneath I-680,
immediately east of I-680. Creek flows will be combined in the daylighted area to allow wetland
creation. To ensure adequate flows from Sabercat Creek and the unnamed tributary are
maintained to support the proposed wetland and riparian habitat within the areas of the
daylighted creeks, an overflow berm will be created at the down-gradient edge of the wetland.
The berm will allow high flows to drain to a box culvert that will route the flow back into
Sabercat Creek and flow downstream beneath I-680.
The banks of Sabercat Creek are severely eroded, and sacked concrete previously installed to
abate bank erosion has broken away from the creek banks. The Department will remove all
concrete material from the creek and use bioengineering bank stabilization techniques (e.g.,
willow mats) to stabilize the channel banks.
Permanent Stormwater Treatment Controls: Project implementation would result in 26.74 acres
of new and reworked impervious areas. The Department has proposed on-site Stormwater
treatment of 9.70 acres using biofiltration strips, resulting in a 17.04 acre treatment deficit.
The Department has proposed an alternate Stormwater treatment project (proposal) in
coordination with the City of Dublin that would treat Stormwater runoff from urbanized
impervious areas. Contingent upon implementation of the following proposal summary, the
Water Board will consider full implementation of the alternative treatment proposal as meeting
the Project's outstanding 17.04 acre treatment deficit.
The Department has proposed to ensure stonmwater treatment for approximately 60 acres of
impervious residential and commercial area using hydrodynamic separators in the city of Dublin.
One separator shall be installed on Maple Drive between York Drive and Ebensburg Lane and
treat stormwater from a 41-acre catchment. The second separator shall be installed on Amador
Valley Boulevard immediately southwest of the York Drive terminus and treat a 19-acre
catchment. The hydrodynamic separator devices shall be equipped with oil sorbent materials to
provide hydrocarbon pollutant removal. The devices must be maintained for the life of each
device to provide effective removal of trash, suspended solids and petroleum-based pollutants.
Additionally, the Department has proposed retrofit of an existing culvert to provide
approximately 0.51 acres of impervious area treatment using a biofiltration Swale (See #2 in this
section, below, for a description).
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Hydrodynamic separators are not considered by the Water Board to provide treatment of
stormwater pollutants to the Maximum Extent Practicable) (MEP), and therefore are not
considered one-to-one alternatives for foregone MEP stormwater treatment. Additionally, the
Water Board typically will not allow alternative treatment using non-MEP technologies, unless
they are one step in a treatment train that, overall, provides MEP treatment. Nevertheless, the
Water Board is accepting the Department's current proposal because all of the following apply:
1. On-site MEP stormwater treatment opportunities have been maximized;
2. The Department has maximized off-site MEP stormwater treatment opportunities as
demonstrated by: 1) Inclusion of at least one off-site treatment control that surpasses
the MEP standazd; and 2) Field verification by Water Board staff that off-site
stormwater treatment opportunities are exhausted.
In between Village Parkway and Interstate 680, between Dublin Boulevard and the
adjacent northbound I-680 on-ramp, the Department has identified a portion of its
right-of--way that may be retrofitted to convert a grass strip into a biofiltration Swale.
The Swale shall treat freeway and roadway stormwater runoff from approximately 0.51
acres of impervious surface. The area currently receives runoff only from the freeway
on-ramp; however, the Department shall divert runoff from approximately 0.28 acres
of Village Parkway.
The Water Board has been working with the Department to publicize that Department-
funded stormwater treatment opportunities are available to municipalities. At the time
of this certification's issuance, the city of Dublin was the only jurisdiction offering a
feasible alternative compliance project. Water Board staff met with Dublin city staff to
confirm MEP opportunities were not being overlooked in the proposed treatment area;
and,
4. The city of Dublin shall be subject to trash control requirements as detailed in the yet-
to-be ratified Municipal Urban Regional Permit (MRP). The tentative MRP language
requires municipalities to identify five percent of the total urban/suburban areas within
their city limits and provide full capture treatment for those areas. This level of
treatment is proposed to be provided no later than four years from adoption of the
MRP. Although Dublin has indicated it intends to claim trash treatment credit for
approximately 34 of the 60 acres treated by the proposed hydrodynamic separators,
given the language in the draft MRP at the time of this certification issuance, Caltrans
sponsorship of the treatment devices will ensure their implementation within one to
1 Examples of treatment controls that may treat stormwater to the MEP standard include vegetated treatment
controls, such as vegetated swales and bioretention cells, as well as certain mechanical controls, such as media
filtering systems.
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one-and-a-half years of the date of this certification, thereby providing treatment at an
earlier date than may otherwise be provided.
Hydromodification: The Department shall perform a Project hydromodification analysis using the
Bay Area Hydrology Model (HARM). Upon submission of a hydromodification analysis report
to the Water Board (HM Report), as described in the Hydromodification Analysis Roadway
Workplan (Workplan) (Attachment A), the Water Board will evaluate proposed mitigation for
any areas subject to potentially significant hydromodification impacts.
Wetland Tracker System: It has been determined through regional, state, and national studies
that tracking of mitigation/restoration projects must be improved to better assess the performance
of these projects, following monitoring periods that last several years. In addition, to effectively
carry out the State's No Net Loss Policy for wetlands, the State needs to closely track both
wetland losses and mitigation/restoration project success. Therefore, we require that the
Department use a standard form to provide Project information related to impacts and
mitigation/restoration measures. An electronic copy of the form and instructions can be
downloaded at: http://www.waterboards.ca.~ov/sanfraneiscobay/certs.htm. Project information
concerning impacts and mitigation/restoration will be made available at the web link:
http://www.wetlandtracker.org.
CEQA Compliance: The Water Board presumes the validity of the Initial Study/Negative
Declaration completed for the Project on June 1, 2005 (SCH# 199122004).
Certification: I hereby issue an order certifying that any discharge from the referenced project
will comply with the applicable provisions of sections 301 (Effluent Limitations), 302 (Water
Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans),
306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards}
of the Clean Water Act, and with other applicable requirements of State Iaw. This discharge is
also regulated under State Water Resources Control Board Order No. 2003 - 0017 = DWQ,
"General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received
State Water Quality Certification" which requires compliance with all conditions of this Water
Quality Certification. The following conditions are associated with this certification:
1. The Department shall adhere to the Standard and Regional conditions imposed by
Nationwide Permit No. 27 and to the conditions imposed by the California Department of
Fish and Game (CDFG) in the Streambed and Lake Alteration Agreement issued for the
Project;
2. The Department shall submit a Habitat Mitigation and Monitoring Plan (IIIlVIMP) for the
Sabercat Creek mitigation site acceptable to the Executive Officer, no later than September
22, 2008. The HNIlVIP shall include: a vegetation monitoring period of no less than five
Preserving, enhancing, and restoring the San Francisco Bay Area's waters for over 50 years
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years following completion of mitigation construction; a schedule for submitting periodic
mitigation monitoring reports; a.conservation easement for any mitigation work done
outside of the Department's right-of--way; and, a description of the bank stabilization
technique(s) that shall be used to help restore riparian functions to Sabercat Creek. The
HMMP shall propose a stabilization design utilizing live vegetation;
3. The Department shall fully implement all proposed habitat mitigation no later than October
15, 2011;
4. The Department shall fully implement the proposed alternative stormwater treatment
project (proposal) as described above in the Certification section, Permanent Stormwater
Treatment Controls. The Department shall ensure that hydrodynamic sepazator devices are
properly maintained to enable their full pollutant removal functionality, for the design life
of that device. Treatment BMPs in the Department's right-of--way shall be maintained in
perpetuity;
5. The Department shall fully implement and meet all deadlines included in the attached
Workplan (Attachment A). The HM Report shall be subject to the acceptance of the
Executive Officer;
6. Following the end of each construction season (April 1 -October 31), and no later than
December 31, the Department shall provide an updated summary detailing the extent of
added and reworked impervious areas, as well as the extent of hydromodification control
implementation;
7. All hydromodification control measures shall be implemented no later than July 31, 2010;
Not later than 60 days prior to the beginning of construction of any Project component, the
Department shall submit, acceptable to the Executive Officer, a final SWPPP, prepared
pursuant to its Statewide Permit, to address the Project's expected construction stage
impacts;
9. Swirl separator devices shall be equipped with oil sorbent materials to provide hydrocarbon
pollutant removal. The devices must be maintained to provide effective removal of trash,
suspended solids and petroleum-based pollutants;
10. The Department is required to use the standard Wetland Tracker form to provide Project
information describing impacts and mitigation/restoration measures within 14 days from
the date of this certification (or Order). The completed Wetland Tracker form shall be
submitted electronically to wetlandtracker(a7waterboazds.ca.~ov, or, shall be submitted as a
hard copy to both: 1) San Francisco Bay Regional Water Quality Control Board (see
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letterhead for address), to the attention of Wetland Tracker, and, 2) San Francisco Estuary
Institute, 7770 Pardee Lane, Oakland, CA 94621-1424, to the attention of Mike May;
11. This certification does not allow for the take, or incidental take of any State or Federal listed
threatened or endangered listed species. The Department is required, as prescribed in the
State or Federal endangered species acts, to consult with the appropriate agency prior to
commencement of the prof ect. Any unauthorized take of such listed species may result in
prosecution;
12. The Department shall maintain a copy of this water quality certification at the Project site
so as to be available at all times to site operating personnel. It is the responsibility of the
Department to assure that all personnel (employees, contractors, and subcontractors) are
adequately informed and trained regarding the conditions of this certification;
13. This Certification applies to the Proj ect as proposed in the application materials submitted
fo the Board on January 14, 2008, and any subsequent information received by Water Board
staff from the Department. Please be advised that failure to implement the Project as
proposed, unless otherwise authorized by the Executive Officer, is a violation of this water
quality certification;
14. This certification action is subject to modification or revocation upon administrative or
judicial review, including review and amendment pursuant to Section 13330 of the
California Water Code (CWC) and Section 3867 of Title 23 of the California Code of
Regulations(23 CCR);
15. This certification action does not apply to any discharge from any activity involving a
hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or
an amendment to a FERC license, unless the pertinent certification application was filed
pursuant to California Code of Regulations (CCR) Title 23, Subsection 3855(b) and that
application specifically identified that a FERC license or amendment to a FERC license for
a hydroelectric facility was being sought; and,
16. Certification is conditioned upon total payment of the full .fee required in State regulations
(23 CCR Section 3833). Water Board staff received full payment of $6766.40 on March 5,
2008.
We anticipate your cooperation in implementing these conditions. However, please be advised
that any violation of water quality certification conditions is a violation of State law and subject
to administrative civil liability pursuant to California Water Code (CWC) section 13350. Failure
to respond, inadequate response, late response, or failure to meet any condition of this
certification may subject you to civil liability imposed by the Water Board to a maximum of
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$5,000 per day per violation or $10 for each gallon of waste discharged in violation of this
certification.
Conditions 2, 5, 6, 8, and 10 are requests for information or reports. Any request for a report
made as a condition to this action is a formal request pursuant to CWC section 13267, and failure
or refusal to provide, or falsification of such requested report is subject to civil liability as
described in CWC section 13268.
We anticipate no further action on this request. Should new information come to our attention
that indicates a water quality problem with this project, the Water Board may issue Waste
Discharge Requirements pursuant to 23 CCR Section 3857.
If you have any question, please contact Brendan Thompson of my staff at (510) 622-2506, or via
e-mail to BThompson@waterboards.ca.gov.
Sincerely,
{~ e
Bruce H. olfe
Executive Officer
Enclosure: Appendix A-- Hydromodification Analysis Roadway Workplan
cc (w/enc): Mr. Bill Orme SWRCB-DWQ
Mr. Hal Durio, Regulatory Branch, USAGE
Mr. Keith H. Lichten, Water Board
Mr. Hardeep Takhar, California Department of Transportation
Ms. Melissa Escaron, CDFG, Yountville
Mr. David Smith, EPA, Wetlands Regulatory Office, San Francisco
SFBRWQCB 401 database
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Appendix A
Hydromodification Analysis
Roadway Workplan
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RESOLUTION NO. -10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH BKF ENGINEERS
FOR CONSULTING SERVICES FOR VILLAGE PARKWAY/ AMADOR VALLEY
BOULEVARD STORMWATER TREATMENT
CIP PROJECT 960009
WHEREAS, the City of Dublin has entered into Cooperative Agreement No. 4-2274 with the State
of California Department of Transportation (Caltrans) to provide stormwater treatment measures at three
locations near the Village Parkway/Amador Valley Boulevard Intersection as mitigation for water quality
impacts associated with the Interstate 680 High Occupancy Vehicle Lane in Alameda and Santa Clara
Counties; and
WHEREAS, these improvements are included in the City's Five-Year Capital Improvement
Program for 2008-2013; and
WHEREAS, the City desires to utilize the services of BKF Engineers to perform design
engineering and related services for said project; and
WHEREAS, the cost of these engineering services and other project costs will be paid by Caltrans
under Cooperative Agreement No. 4-2274;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the agreement with BKF Engineers for consulting services.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 16th day of March, 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G:\NPDES\Village Pkwy AVB Treatment Units (Caltrans)\resobkf.doc
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND BKF ENGINEERS
THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City")
and BKF ENGINEERS ("Consultant") as of , 2010.
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 June 30, 2012. Consultant shall complete the work described in
Exhibit A prior to that date, unless the term of the Agreement is otherwise extended
pursuant to the provisions for modification of the Agreement contained 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
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.
Consultant shall not be responsible for delays beyond Consultant's reasonable control.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Fifty-Nine
Thousand Eight Hundred Twenty-Eight Dollars and No Cents ($59,828.00), 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
Consulting Services Agreement between February 26, 2010
City of Dublin and BKF Engineers Page 1 of 13
~a~sl
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. Invoices shall contain the following information:
^ Clear numerical identification, with no duplication of numbering;
^ 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;
^ At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
^ The total number of hours of work performed, during the invoice period, under the
Agreement by Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder;
^ 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 compensation schedule attached hereto as Exhibit B.
Consulting Services Agreement between February 26, 2010
City of Dublin and BKF Engineers Page 2 of 13
'lj r( 5`1
2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
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 fee. 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.
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'
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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 aself-insurance program to meet those requirements, but only if
the program ofself-insurance complies fully with the provisions of the California Labor
Code. Determination of whether aself-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 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("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 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
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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.
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 orself-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
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.
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 orself-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.
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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. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall require all subcontractors to meet the
insurance requirements stated herein. Each subconsultant shall furnish separate
certificates and endorsements.
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. Consultant shall disclose to and
obtain the 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.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
orself-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible orself-insured retention levels with a requirement that Consultant
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procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 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. Consultant shall
indemnify, defend with counsel approved by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage
to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in
whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable. The foregoing obligation of
Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises
wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers
and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to
the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California
Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement
does not relieve Consultant from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not
such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
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
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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.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have
the right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded
by fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
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
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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 thirty (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.
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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.
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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 bylaw, 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. At the City's option, 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 may be subject to the examination and audit of
the State Auditor, 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.
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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 of 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 of seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
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 Mark Lander, City
Engineer ("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: ED Boscacci
BKF Engineers
255 Shoreline Drive, Ste. 200
Redwood City, CA 94065
Any written notice to City shall be sent to: Mark Lander
City of Dublin Public Works
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the repod/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
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Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
Joni Pattillo,
City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
CONSULTANT
Janine O'Flaherty,
Principal/ Vice-President
John Bakker, City Attorney
G:INPDES1Village Pkwy AVB Treatment Units (Caltrans)lagreement BKF Engineers Design.doc
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EXHIBIT A
SCOPE OF SERVICES
To provide design and construction engineering services as delineated in the attached proposal
dated October 14, 2008, for the Village Parkway/ Amador Valley Boulevard Stormwater Treatment Project.
G:INPDES1Village Pkwy AVB Treatment Units (Caltrans)lagreement BKF Engineers Design.doc
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EXHIBIT B
COMPENSATION SCHEDULE
The term of the Agreement shall end on June 30, 2012. Consultant may request an adjustment of
rates for the second and third years of the term, provided that no such adjustments of rates shall be
effective unless and until the adjustment is agreed to in writing by the City Manager or other designated
official of City authorized to obligate City.
Compensation shall be paid per the attached Fee Schedule.
City shall pay Consultant on atime-and-materials basis in an amount not to exceed the total sum of
Fifty-Nine Thousand Eight Hundred Twenty-Eight Dollars and No Cents ($59,828.00) per year for services
to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of each specific
project or as agreed between Consultant and City regarding each specific project, based on the cost for
services performed.
The total sum stated above shall be the total which 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
unless such extra service and the price therefor is agreed to in writing executed by the City Manager or
other designated official of City authorized to obligate City thereto prior to the time such extra service is
rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial contract
price.
The services to be provided under this Agreement may be terminated without cause at any point in
time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed on such documents
and other materials to the effective date of such termination. In that event, alf finished and unfinished
documents and other materials shall, at the option of the City, become City's sole and exclusive property.
Consultant hereby expressly waives any and all claims for damages or compensation arising under this
Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to
date.
The Consultant is not authorized to perform any services or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of
the City of Dublin.
G:IEngr-contractlbkflagreement dougherly widening.doc
1383611.1
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BKF ENGINEERS
October 14, 2008
EXHIBIT A
Scope of Work
City of Dublin Stormwater Treatment Improvements
PROJECT ISSUES
Caltrans has accepted the use of hydrodynamic separators with oil sorbent
materials for use at two sites in the City of Dublin (Dublin) in-lieu of direct
treatment of runoff associated with the widening of I-680. Two locations
within Dublin were selected for treatment and a third site is being viewed to
determine feasibility of additional treatment.
BKF proposes to coordinate the installation of the treatment units by
collecting manufacturer information and preparing Improvement Plans for
unit installation.
BKF will coordinate installation of landscape-based treatment measures at a
third site.
SCOPE OF SERVICE
Task 1 -Improvement Plans for Hydrodynamic Separator
Task la. Attend Coordination Meetings
BKF will attend one coordination meeting with City staff to discuss design
concepts and constraints.
Deliverable: One Meeting
Task lb. Data Collection
The first step is to gather the available drainage and topographic information.
The existing utility records for Amador Valley Boulevard and Maple Drive
will be collected. Topographic and utility information is available on the
neighborhood improvement plans. BKF will utilize this as the primary
information source for the project
Using the available topography and utility information, a plan and profile for
the street will be developed.
Page 1 of 6 October 8, 2007
534659
City of Dublin BKF ENGINEERS
Stormwater Treatment Projects Scope of Work
Page 2 of 6 October 14, 2008
Deliverables:
A Draft Plan and Profile based on existing drawings to be used for the Pre-
Design Report will be provided to the City for Review.
Task lc. Pre-Design Report
BKF will conduct hydrologic and hydraulic analyses of the existing drainage
facilities and proposed improvements. APre-Design Report will be prepared
that presents the Basis of Design, preferred improvements, construction
phasing plan, preliminary opinion of cost and likely disruptions to the
neighborhood. The report will include coordination information with the
supplier. The goal is to provide early concept acceptance from the City.
Deliverables:
A Final Pre-Design Report will be provided to the City.
One meeting.
Task ld. Construction Documents
Construction documents will be prepared for the installation of facilities. The
plans will utilize existing City details as appropriate or available. Caltrans and
"Green Book" standard details will be used where City details are not
appropriate or available. The plans will reference Caltrans Standards where
applicable or available. Where practical, specifications will be included as
General Notes on the Improvement Plans. If necessary, supplemental
specifications will be provided and will be in CSI Format. BKF will utilize
General and Special Provisions provided by the City. BKF will supplement,
but will not substantially change these Provisions.
A total of one day of Supplemental Survey is proposed. The purpose of the
survey is to identify monuments or set project benchmarks that will be used
for the project plans, survey identified changes since the neighborhood
Improvement Plan survey, and collect supplemental data.
A design review meeting is included for 90% submittal. Construction cost
updates will be provided.
Deliverables:
90% Plans, Specifications and Cost Estimates will be provided to the City (up
to six sheets for Improvement Plans). The 90% Plans will incorporate the
supplement survey.
One meeting.
2 October 14, 2008
~/~d s9
City of Dublin
Stormwater Treatment Projects
Page 3 of 6
BKF ENGINEERS
Scope of Work
October 14, 2008
Task le. Incorporate City Comments and Provide 100% Submittal
City comments will be incorporated into a 100% Submittal that includes Plans
and Specifications.
Deliverables:
3 copies of Full Size 100% Plans and Specifications. The Plans and
Specifications will also be provided in electronic format as using the .PDF
format.
2. Landscape-based Treatment Options
SCOPE OF SERVICE
Task 2. Landscape-based Treatment
Task 2a. Attend Coordination Meetings
BKF will attend one coordination meetings with City staff to discuss design
concepts and constraints.
Deliverable: One Meeting
Task 2b. Data Collection
The first step is to gather the available drainage and topographic information.
We currently have topographic information for the project area shown on
Sheet D24, EA 233921 by Caltrans. For preliminary analyses, BKF will
supplement this topography with GoogleEarth aerial photography. BKF will
collect available survey information to supplement this data.
Deliverables:
A Draft Plan and Profile to be used for the Pre-Design Report will be provided
to the City for Review.
Task 2c. Pre-Design Report
BKF will conduct hydrologic and hydraulic analyses of the existing drainage
facilities and proposed improvements. APre-Design Report will be prepared
3 October 14, 2008
ss~ sq
City of Dublin
Stormwater Treatment Projects
Page 4 of 6
BKF ENGINEERS
Scope of Work
October 14, 2008
that presents the Basis of Design, preferred improvements, construction
phasing plan, preliminary cost estimate and likely disruptions to the
neighborhood. The goal is to provide concept acceptance from Caltrans, the
Regional Water Quality Control Board (RWQCB) and the City.
Deliverables:
A Draft Pre-Design Report will be provided to the City.
One Meeting.
Task 2d. Construction Documents
Construction documents will be prepared for the installation of facilities. The
plans will utilize existing City details as appropriate or available. Caltrans and
"Green Book" standard details will be used where City details are not
appropriate or available. The plans will reference Caltrans Standards where
applicable or available. Where practical, specifications will be included as
General Notes on the Improvement Plans. If necessary, supplemental
specifications will be provided and will be in CSI Format. BKF will utilize
General and Special Provisions provided by the City. BKF will supplement,
but will not substantially change these Provisions.
A total of six hours of Supplemental Survey is proposed. The purpose of the
survey is to identify monuments or set project benchmarks that will be used
for the project plans, and collect supplemental data.
A design review meeting is included for 90% submittal. Construction cost
updates will be provided.
Deliverables:
90% Plans, Specifications and Cost Estimates will be provided to the City (up
to six sheets for Improvement Plans). The 90% Plans will incorporate the
supplement survey.
One meeting.
Task 2e. Incorporate City Comments and Provide 100% Submittal
City comments will be incorporated into a 100% Submittal that includes Plans
and Specifications.
Deliverables:
October 14, 2008
56e~59
City of Dublin
Stormwater Treatment Projects
Page 5 of 6
BKF ENGINEERS
Scope of Work
October 14, 2008
3 copies of Full Size 100% Plans and Specifications. The Plans and
Specifications will also be provided in electronic format as using the .PDF
format.
3. Assistance during Bidding
Task 3a. Assistance during Bidding
Assistance will be provided during the bidding process including distribution
to builders' exchanges, direct contact with contractors, attendance at the pre-
bid meeting, preparation of up to two addenda, and providing written
responses available to all contractors with plan sets to questions by
contractors.
Exclusions
The following are excluded from BKF's scope of services:
Attending meetings in addition to those listed under each Task. Additional
meetings will be charged as an additional service on a time and materials
basis.
Survey of as-built conditions of the completed project is excluded from this
scope of services.
Potholoing is excluded from the scope of surfaces. If necessary, BKF will
contract with Subtronics to locate utilities within the area of the proposed
structures using Electromagnetic Field Induction (EFI). The EFI is non-
destructive and is used to horizontally locate buried utilities.
The fee does not include additional survey to connect to City or Caltrans
benchmarks. If benchmarks are readily available or can be extended by others
to the project area, BKF will utilize the available information. Otherwise,
survey will be on an arbitrary, project specific, vertical and horizontal datum.
The survey can be placed on the City datum as an additional service.
Structural Engineering, Geotechnical Engineering, utility location, and
environmental reviews are excluded from this Scope of Services.
The Task 1 Scope of Services is complete with acceptance of the project by
the City. Task 2 is complete with submittal of the Design Report to the City. If
additional work is requested, this is excluded from this Scope of Services, but
can be provided as an additional service.
5 October 14, 2008
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City of Dublin
Stormwater Treatment Projects
Page 6 of 6
BKF ENGINEERS
Scope of Work
October 14, 2008
Construction services, observation and support are excluded from this contract
but can be provided as an additional service. Construction services include
observation during construction, coordination of construction responses,
including RFI, Shop Drawings, change orders, payment requests, and other
submittals. Construction assistance includes assisting the City with response
to construction related issues, including neighborhood issues.
Preparation of Record Drawings is excluded from this contract but can be
provided as an additional service. Record drawing preparation documents the
constructed product based on Contractor mark-ups supplemented by site
observations by City Staff and BKF. Record drawing preparation includes
preparation of a letter stating that the project was completed in conformance
with Plans and Specifications.
Depositions and court appearances related to materials presented in this
report, if they should be required.
Any services not specifically included in the Scope of Services are excluded.
October 14, 2008
~b6 s9
1
EIiGtltEERSa ~t-RY~'lDRS- PLANNER5
PROFESSIONAL PERSONNEL SERVICE FEES
JANUARY 1, 2008 -DECEMBER 31, 2008
PERSONNEL
ENGINEERING
Associate
Project Manager
Engineer IV
Engineer I, II, III
PLANNING
Planner I, II, III
SURVEYING
Project Manager
Surveyor I, II, III, N
Survey Party Chief
Survey Chainman
Apprentice I, II, III, IV
DESIGN AND DRAFTING
Technician I, II, III
Drafter I, II, III, N
Student Engineer/Surveyor
CONSTRUCTION ADMINISTRATION
Senior Construction Administrator
Resident Engineer
Field Engineer I, II, III
SERVICES AND EXPENSES
Project Assistant
ClericaUAdministrative Assistant
Principals' time on projects is chargeable at $188.00- $210.00 per hour.
$65.00
$56.00
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% permonth on past
due accounts.
ATTACHMENT B
HOURLY RATES
$162.00
$153.00- $158.00
$142.00
$101.00 - $116.00- $132.00
$101.00-$116.00,-132.00
$153.00
$101.00 -$116.00- $ 132.00 -$142.00
$127.00
$100.00
$53.00- $73.00- $83.00- $93.00
$96.00 - $104.00 - $113.00
$75.00 - $83.00 - $91.00 - $100.00
$53.00
$150.00
$110.00
$101.00 - $116.00 - $132.00
Expert witness/litigation rates are available upon request.
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