HomeMy WebLinkAboutItem 4.3 - 1552 Dublin Blvd Extension - Amend Consultant Co
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: September 5, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendment to Agreement with BKF Engineers and Approve the Project
Funding Agreement with the Alameda County Transportation Commission
for Dublin Boulevard - North Canyons Parkway Extension Project
Prepared by: Obaid Khan, Transportation and Operations Manager
EXECUTIVE SUMMARY:
The City Council will consider amending BKF Engineers Consulting Se rvices
Agreement for additional environmental work to extend Dublin Boulevard from Fallon
Road to North Canyons Parkway in Livermore. The City Council will also consider
approval of a Project Funding Agreement with the Alameda County Transportation
Commission to add Measure BB funding to the project for the additional environmental
work, and approving the budget change to the project .
STAFF RECOMMENDATION:
Adopt the Resolution Amending BKF Engineers Consulting Services Agreement for
Additional Environmental Work to Extend Dublin Boulevard to North Canyons Parkway,
and Authorizing Execution of a Project Funding Agreement with the Alameda County
Transportation Commission for the Additional Environmental Work , and approve the
budget change.
FINANCIAL IMPACT:
The existing Consulting Services Agreement with BKF Engineers for preliminary
engineering and environmental work is for $615,000 (includes a 5% contingency). The
proposed additional work will increase the consultant fee by $286,485 (includes a 20%
contingency), which can be covered by Measure BB discretionary funding. Additional
Staff costs of $65,000 are also anticipated which can be covered by Traffic Impact
Fees. With approval of the budget change, the total amended project budget in Fiscal
Year 2017-18 would be $1,397,935, as shown below. There is no impact to the General
Fund.
Page 2 of 3
Project Expenditure Budget
Existing Project Budget 1,046,450
Additional Staff Costs (NEW)65,000
Additional Contract Services (NEW)286,485
Amended Project Budget 1,397,935
Project Funding Sources
Traffic Impact Fee - Category 1 923,450
City of Livermore 123,000
Additional Traffic Impact Fees (NEW)65,000
New Measure BB Funds (NEW)286,485
Amended Funding Sources 1,397,935
Balance -
DESCRIPTION:
On November 1, 2016, the City Council adopted Resolution 161 -16 (Attachment 2)
approving a Consultant Services Agreement with BKF Engineers for conducting
preliminary design work for the extension of Dublin Boulevard in Dublin to North
Canyons Parkway in Livermore. The preliminary design work includes the completion of
a traffic study, preparation of an Environmental Impact Report, initial roadway design,
and the preparation of a Precise Alignment. The traffic study will determine the ultimate
capacity (number of lanes) needed for this roadway extension.
The City of Dublin received a Measure BB allocation of $8.288 million on April 27, 2017
for final design work and for any additional environmental clearance work. After this
funding allocation, Alameda County Transportation Commission (ACTC) staff
recommended adding National Environmental Protection Act (NEPA) related
environmental work to the project. Based on discussions with ACTC staff, it is prudent
to obtain NEPA environmental clearance for this project in order for it to be eligible for
federal funding and/or grants in addition to state and local funding sources. A resolution
(Attachment 3) and an amendment to the consulting services agreement with BKF
Engineers (Exhibit A to Attachment 3) are included for the City Council’s consideration
to increase the scope, compensation and term of Agreement to conclude the work.
At that April 27, 2017 meeting, ACT C approved the Project Funding Agreement (Exhibit
B to Attachment 3), obligating $500,000 of the Measure BB allocation to pay for the
additional NEPA clearance work for the Project. With the professional services defined
under the amendment to the Agreement with BKF, it is now appropriate for the City
Council to approve the Project Funding Agreement. The amount will cover the
consultant services cost of $286,485 and the remaining amount of $213,515 will be
used for future project costs such as design or construction.
Page 3 of 3
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this report was provided to the Alameda County Transportation Commission
(ACTC), the City of Livermore and the ACTC’s Independent Watchdog Committee for
Measure BB discretionary funds.
ATTACHMENTS:
1. Budget Change Form
2. Resolution 161-16 Approving BFK Engineers Consulting Services
3. Resolution Amending Consultant Services Agreement with BKF Engineers and
Approve a Project Funding Agreement with ACTC
4. Exhibit A to the Resolution - Amendment to BKF Engineers Consulting Services
Agreement
5. Exhibit B to the Resolution - Project Funding Agreement with the Alameda CTC for
Measure BB funding for NEPA Clearance
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other New Revenue
Account Amount Account Amount
ST0216.9200.9202 - Design $286,485
ST0216.9100.9101 - Salary/Benefits $65,000
3600.9601.49999 (Transfers In)$351,485
ST0216.2217 (2217.9601.89101) - Measure BB
Grants Fund - Transfers Out $286,485
ST0216.4301 (4301.9601.89101) - EDTIF1 -
Transfers Out $65,000
2217.0000.47301 $286,485
9/5/2017
Posted By:Date:
REV: Measure BB Grants Fund - County Grant
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Adding NEPA analysis to CEQA work for the project.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2017-18
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
EXP: Measure BB Grants Fund & EDTIF1 - Dublin Blvd
Extension
City Council's Approval Required
C:\Users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\2422 2422
RESOLUTION NO. 161 — 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS FOR
CONDUCTING PRELIMINARY ENGINEERING FOR THE EXTENSION OF DUBLIN
BOULEVARD IN DUBLIN TO NORTH CANYONS PARKWAY IN LIVERMORE
WHEREAS, the 2016 - 2021 Capital Improvement Program (CIP) includes ST0216 Project
to design and construct Dublin Boulevard extension to Livermore; and
WHEREAS, the City has completed a Request For Proposal (RFP) process to select an
engineering consultant firm to complete the preliminary design work for this CIP Project; and
WHEREAS, BKF Engineers has demonstrated the ability to perform said preliminary
design work; and
WHEREAS, BKF Engineers is available to perform said work as specified in for a not to
exceed amount of $615,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does RESOLVE to approve the Consulting Services Agreement (Agreement) with BKF
Engineers attached hereto (Attachment 1) and authorize the City Manager to execute the
Agreement.
PASSED, APPROVED AND ADOPTED this 1st day of November 2016 by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
V
r
ayor
ATTEST:
City Clerk
Reso No. 161-16, Adopted 11/1/2016, Item No. 4.6 Page 1 of 2
Attachment 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
BKF ENGINEERS
This Agreement is made and entered into between the City of Dublin ("City")and BKF Engineers as of November 1,
2016(the"Effective Date"). In consideration of their mutual covenants, the parties hereto agree as follows:
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,Consultant shall
provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the
manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A,the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall
end on June 30, 2018,the date of completion specified in Exhibit A,and Consultant shall complete
the work described in Exhibit A prior to that date,unless the term of the Agreement is otherwise
terminated or extended,as provided for in Section 8. The time provided to Consultant to complete
the services required by this Agreement shall not affect the City's right to terminate the
Agreement,as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent practitioner of
the profession in which Consultant is engaged in the geographical area in which Consultant
practices its profession. Consultant shall prepare all work products required by this Agreement in a
substantial,first-class manner and shall conform to the standards of quality normally observed by a
person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services
pursuant to this Agreement.In the event that City,in its sole discretion,at any time during the term
of this Agreement,desires the reassignment of any such persons,Consultant shall,immediately
upon receiving notice from City of such desire of City,reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided in
Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed$615,000,
notwithstanding any contrary indications that may be contained in Consultant's proposal,for services to be performed
and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and
Consultant's proposal,attached as Exhibit A, regarding the amount of compensation,the Agreement shall prevail.
City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth
herein. The payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as
specifically authorized by City,Consultant shall not bill City for duplicate services performed by more than one
person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is
based upon Consultant's estimated costs of providing the services required hereunder,including salaries and
benefits of employees and subcontractors of Consultant. Consequently,the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and
1
its employees,agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this
Agreement,based on the cost for services performed and reimbursable costs incurred prior to the invoice date, No
individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in
writing,by the City Manager or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under this
Contract
o Hours must be logged in increments of tenths of an hour or quarter hours
o If this Contract covers multiple projects,all hours must also be logged by project
assignment
o A brief description of the work,and each reimbursable expense
A Task Summary containing the original contract amount,the amount of prior billings,the
total due this period,the balance available under the Agreement,and the percentage of
completion;
The total number of hours of work performed under the Agreement by Consultant and
each employee,agent,and subcontractor of Consultant performing services hereunder,
as well as a separate notice when the total number of hours of work by Consultant and
any individual employee, agent,or subcontractor of Consultant reaches or exceeds 800
hours,which shall include an estimate of the time necessary to complete the work
described in Exhibit A;
The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments,based on invoices received,for services
satisfactorily performed, and for authorized reimbursable costs incurred, City shall have 30 days
from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Consultant in rendering services pursuant to this Agreement. City shall make no payment for any
extra,further,or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the
amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B.
2.5 Reimbursable Expenses. Reimbursable expenses are specified below,and shall not exceed
21,000.00. Expenses not listed below are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not be
exceeded.
Printing, reproduction,postage,delivery,mileage,travel, preliminary title reports, and traffic counts.
2
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement
pursuant to Section 8,the City shall compensate the Consultant for all outstanding costs and
reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of
termination. Consultant shall maintain adequate logs and timesheets in order to verify costs
incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or
incur any costs whatsoever under the terms of this Agreement until receipt of authorization from
the Contract Administrator.
Section 3.FACILITIES AND EQUIPMENT. Except as set forth herein,Consultant shall,at its sole cost and
expense,provide all facilities and equipment that may be necessary to perform the services required by this
Agreement. City shall make available to Consultant only the facilities and equipment listed in this section,and only
under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks,filing cabinets,and conference space,as may be reasonably
necessary for Consultants use while consulting with City employees and reviewing records and the information in
possession of the City. The location,quantity,and time of furnishing those facilities shall be in the sole discretion of
City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense,including
but not limited to computer,long-distance telephone or other communication charges,vehicles,and reproduction
facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,Consultant,at
its own cost and expense,shall procure"occurrence coverage"insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work hereunder by the
Consultant and its agents,representatives,employees,and subcontractors. Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance
satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section
throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid.
Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s)and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part of this Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional
insured. Furthermore,the requirements for coverage and limits shall be(1)the minimum coverage and limits
specified in this Agreement;or(2)the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured;whichever is greater. The additional insured coverage under the
Consultant's policy shall be`primary and non-contributory"and will not seek contribution from City's insurance or self-
insurance and shall be at least as broad as CG 20 01 0412. In the event Consultant fails to maintain coverage as
required by this Agreement,City at its sole discretion may purchase the coverage required and the cost will be paid
by Consultant.Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled,changed,or allowed to lapse without at
least thirty(30)days'prior written notice to City of such cancellation,change,or lapse.
4.1 Workers'Compensation. Consultant shall,at its sole cost and expense,maintain Statutory
Workers'Compensation Insurance and Employer's Liability Insurance for any and all persons
employed directly or indirectly by Consultant. The Statutory Workers'Compensation Insurance
3
and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION
DOLLARS($1,000,000.00)per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the Labor Code shall be solely in the discretion of the Contract
Administrator.The insurer, if insurance is provided,or the Consultant,if a program of self-
insurance is provided,shall waive all rights of subrogation against the City and its officers,officials,
employees,and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty(30)days'prior
written notice by certified mail, return receipt requested, has been given to the City. Consultant
shall notify City within 14 days of notification from Consultant's insurer if such coverage is
suspended,voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant,at its own cost and expense,shall maintain
commercial general and automobile liability insurance for the term of this Agreement in an
amount not less than ONE MILLION DOLLARS($1,000,000.00)per occurrence,
combined single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or
other form with a general aggregate limit is used,either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to,protection against claims arising from bodily and
personal injury,including death resulting therefrom, and damage to property resulting
from activities contemplated under this Agreement,including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 (`any auto").
4.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers,employees,agents,and volunteers shall be covered as
additional insureds with respect to each of the following:liability arising out of
activities performed by or on behalf of Consultant,including the insured's general
supervision of Consultant;products and completed operations of Consultant;
premises owned,occupied,or used by Consultant;and automobiles owned,
leased,or used by the Consultant. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers,employees,
agents,or volunteers.
b. The insurance shall cover on an occurrence or an accident basis,and not on a
claims-made basis.
c, An endorsement must state that coverage is primary insurance with respect to
the City and its officers,officials,employees and volunteers,and that no
4
insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the policy
shall not affect coverage provided to CITY and its officers,employees,agents,
and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after
thirty(30)days'prior written notice by certified mail,return receipt requested,has
been given to the City. Consultant shall notify City within 14 days of notification
from Consultant's insurer if such coverage is suspended,voided or reduced in
coverage or in limits.
4.3 Professional Liability Insurance. Consultant,at its own cost and expense,shall maintain for the
period covered by this Agreement professional liability insurance for licensed professionals
performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS
1,000,000)covering the licensed professionals'errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed$150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended,voided,canceled by
either party, reduced in coverage or in limits,except after thirty(30)days'prior written
notice by certified mail, return receipt requested, has been given to the City.
4.3.3 The following provisions shall apply if the professional liability coverages are written on a
claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of
the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at
least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
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.
5
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,Consultant
shall furnish City with certificates of insurance and with original endorsements effecting
coverage required herein. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The City reserves the right to require complete,certified copies of all required insurance
policies and endorsements Failure to exercise this right shall not constitute a waiver of
right to exercise later.
4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this Agreement including the Indemnification
and Insurance requirements to the extent they apply to the scope of the Subcontractor's
work. Subcontractors hired by Consultant agree to be bound to Consuftant and the City in
the same manner and to the same extent as Consultant is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same provisions with
any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and
Insurance provisions will be furnished to the Subcontractor upon request. The General
Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any
work and will provide proof of compliance to the City.
4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements,
upon a determination that the coverages,scope, limits,and forms of such insurance are
either not commercially available,or that the City's interests are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions(SIR)and/or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of City(if agreed to in a
written contract or agreement)before City's own insurance or self-insurance shall be
called upon to protect City as a named insured.
4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited,or materially affected in any other manner, Consultant shall
provide written notice to City at Consultant's earliest possible opportunity and in no case
later than five days after Consultant is notified of the change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time herein
required,City may,at its sole option exercise any of the following remedies,which are altematives
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;
6
Order Consultant to stop work under this Agreement or withhold any payment that becomes
due to Consultant hereunder,or both stop work and withhold any payment, until Consultant
demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5.INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the maximum extent
allowed by law,Consultant shall indemnify, keep and save harmless the City,and City Councilmembers,officers,
agents and employees against any and all suits,claims or actions arising out of any injury to persons or property,
including death,that may occur,or that may be alleged to have occurred,in the course of the performance of this
Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees,subcontractors
or agents. Consultant further agrees to defend any and all such actions,suits or claims and pay all charges of
attorneys and all other costs and expenses arising therefrom or incurred in connection therewith;and if any judgment
be rendered against the City or any of the other individuals enumerated above in any such action,Consultant shall,at
its expense,satisfy and discharge the same. Consultant's responsibility for such defense and indemnity obligations
shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense
and indemnification obligations of this Agreement are undertaken in addition to,and shall not in any way be limited
by,the insurance obligations contained in this Agreement.
In the event that Consultant or any employee,agent,or subcontractor of Consultant providing services under this
Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System
PERS)to be eligible for enrollment in PERS as an employee of City,Consultant shall indemnify,defend,and hold
harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Consultant or its employees,agents,or subcontractors,as well as for the payment of any penalties and interest on
such contributions,which would otherwise be the responsibility of City.
Consultant/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,Consultant shall be an
independent contractor and shall not be an employee of City. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement
and assignment of personnel pursuant to Subparagraph 1.3;however,otherwise City shall not
have the right to control the means by which Consultant accomplishes services rendered pursuant
to this Agreement. Notwithstanding any other City,state,or federal policy,rule,regulation,law,or
ordinance to the contrary,Consultant and any of its employees, agents,and subcontractors
providing services under this Agreement shall not qualify for or become entitled to,and hereby
agree to waive any and all claims to,any compensation,benefit,or any incident of employment by
City,including but not limited to eligibility to enroll in the California Public Employees Retirement
System(PERS)as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority,
express or implied,to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority,express or implied,pursuant to this Agreement to bind City to any
obligation whatsoever.
7
Section 7.LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws.
Co sulfa
nde
and any subcontractors shall comply with all laws
applicable to the performance of the
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscalassistancefromanothergovernmentalentity,Consultant and any subcontractors shall comply withallapplicablerulesandregulationstowhichCityisboundbythetermsofsuchfiscalassistance
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,anysubcontractorsshall,at their sole cost and expense,keep in effect at all times during the term of
this Agreement any licenses, permits,and approvals that are legally required to practice theirrespectiveprofessions. In addition to the foregoing,Consultant and any subcontractors shallobtainandmaintainduringthetermofthisAgreementvalidBusinessLicensesfromCity.
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,medicalcondition,marital status,sex,or sexual orientation,against any employee,applicant foremployment,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 complywithallapplicablefederal,state,and local laws, policies,rules,and requirements related to equal
opportunity and nondiscrimination in employment,contracting,and the provision of any servicesthatarethesubjectofthisAgreement,including but not limited to the satisfaction of any positive
obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the
Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days'written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination,Consultant shall be entitled to compensation for services performed totheeffectivedateoftermination;City,however,may condition payment of such compensationuponConsultantdeliveringtoCityanyoralldocuments,photographs,computer software,videoandaudiotapes,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 AgreementbeyondthatprovidedforinSubsection1.1. Any such extension shall require a written amendmenttothisAgreement,as provided for herein. Consultant understands and agrees that,if City grants
8
such an extension,City shall have no obligation to provide Consultant with compensation beyond
the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
Administrator,City shall have no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement
contemplates personal performance by Consultant and is based upon a determination of
Consultant's unique personal competence,experience,and specialized personal knowledge.
Moreover,a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein,other
than to the subcontractors noted in the proposal,without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Consultant shall survive the termination of this
Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this
Agreement,City's remedies shall included, but not be limited to,the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans,specifications,drawings, reports,design documents,and any other work
product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by
Consultant;or
8.6.4 Charge Consultant the difference between the cost to complete the work described in
Exhibit A that is unfinished at the time of breach and the amount that City would have paid
Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9.KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports,data,maps,models,charts,
studies,surveys,photographs, memoranda,plans,studies,specifications, records,files,or any
other documents or materials,in electronic or any other form,that Consultant prepares or obtains
pursuant to this Agreement and that relate to the matters covered hereunder shall be the property
of the City. Consultant hereby agrees to deliver those documents to the City upon termination of
the Agreement. It is understood and agreed that the documents and other materials,including but
not limited to those described above,prepared pursuant to this Agreement are prepared
specifically for the City and are not necessarily suitable for any future or other use. City and
Consultant agree that,until final approval by City,all data,plans,specifications,reports and other
documents are confidential and will not be released to third parties without prior written consent of
both parties.
9
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of
account,invoices,vouchers,canceled checks,and other records or documents evidencing or
relating to charges for services or expenditures and disbursements charged to the City under this
Agreement for a minimum of three(3)years,or for any longer period required by law,from the date
of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement
requires Consultant to maintain shall be made available for inspection,audit, and/or copying at any
time during regular business hours, upon oral or written request of the City. Under California
Government Code Section 8546.7, if the amount of public funds expended under this Agreement
exceeds TEN THOUSAND DOLLARS($10,000.00),the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any audit of the City,
for a period of three(3)years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action,including an action for declaratory
relief,to enforce or interpret the provision of this Agreement,the prevailing party shall be entitled to
reasonable attorneys'fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement,
the parties agree that trial of such action shall be vested exclusively in the state courts of California
in the County of Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid,void,or unenforceable,the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports,written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
10.7 Conflict of Interest. Consultant may serve other clients,but none whose activities within the
corporate limits of City or whose business,regardless of location,would place Consultant in a
conflict of interest,"as that term is defined in the Political Reform Act,codified at California
Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code Sections 1090 et seq.
10
Consultant hereby warrants that it is not now,nor has it been in the previous twelve(12)months,
an employee,agent,appointee,or official of the City. If Consultant was an employee,agent,
appointee,or official of the City in the previous twelve months,Consultant warrants that it did not
participate in any manner in the forming of this Agreement. Consultant understands that, if this
Agreement is made in violation of Government Code§1090 etseq.,the entire Agreement is void
and Consultant will not be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses,and Consultant will be required to reimburse the
City for any sums paid to the Consultant, Consultant understands that, in addition to the foregoing,
it may be subject to criminal prosecution for a violation of Government Code§1090 and,if
applicable,will be disqualified from holding public office in the State of California.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission(FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest.For additional information, proposers should refer to the
FPPC website at htto:l/www.fooc.caziov/Form700.html.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,focus group,or interview
related to this Agreement,either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager("Contract
Administrator"). All correspondence shall be directed to or through the Contract Administrator or
his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
BKF Engineers
Natalina V.Bernardi PE
4670 Willow Rd.,Suite 250
Pleasanton,CA 94588
Any written notice to City shall be sent to:
The City of Dublin
Public Works Department
Attn: Gary Huisingh,Director
100 Civic Plaza
Dublin,CA 94568
10.11 Integration. This Agreement,including Exhibits A and B,represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,representations,or
agreements,either written or oral.
11
IN WITNESS HEREOF,the parties have caused their authorized representatives to execute this
Agreement on the 1st day of November, 2016.
CITY OF DUBLIN CONSULTANT-7
r'
Christopher L. Foss N. alineN. Bernar./,
Attest:
Caroline Soto,City Clerk
Approved as to Form:
John Bakker,City Attorney
12
EXHIBIT A
SCOPE OF SERVICES
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
SCOPE OF SERVICES
Introduction:
The scope of services is specifically based to provide the City of Dublin, in concert with the City of
Livermore and Alameda County, with Professional Civil, Environmental and Traffic Services for the
preliminary engineering study of the extension of Dublin Boulevard from Fallon Road in Dublin,
California to North Canyons Parkway in Livermore, California (Project), which traverses through a
segment of unincorporated Alameda County. The study will develop a preliminary design in order to
establish a preferred horizontal and vertical design alignment (Precise Plan Alignment)for the segment
of Dublin Boulevard from the intersection of Fallon Road (Dublin) to the North Canyons Parkway and
Doolan Road intersection (Livermore).
BKF Engineers (CONSULTANT)will use the current General Plans of the Cities of Dublin, Livermore, and
Alameda County to develop the roadway alignment that will incorporate future roadway connectivity of
all planned roadways in the area, to this new roadway. The Project is included in the Alameda
Countywide Transportation Plan and Plan Bay Area. A California Environmental Quality Act (CEQA)
Environmental Impact Report (EIR) will be prepared to clear the Project with an appropriate level of
environmental review. The City of Dublin will be the CEQA Lead Agency; the City of Livermore and
Alameda County will be responsible agencies and can utilize/transfer the certified EIR for their
respective jurisdictions. Supporting the environmental document and to obtain approval of a Precise
Alignment Ordinance by their respective governing bodies,a Precise Plan Alignment with cross sections,
costs and memo will be prepared. The Project will include the accommodation of multimodal travel
along this roadway. The Cities of Livermore and Dublin recognize that the lands within unincorporated
Alameda County between the Livermore and Dublin jurisdictional boundaries are outside of each
jurisdictions urban growth boundary. Development of this area is governed by Alameda County
Measure D. For this Project, no changes to existing land use shall be assumed. For the purposes of this
scope of services and coordination,the City of Dublin in concert with the City of Livermore and County
of Alameda, is herein referred to as CITY.
Scope of Services:
A. TASK A:PROJECT COORDINATION
A.1 Stakeholder Coordination
Kick off Meeting: One(1)Kick-Off Meeting will be scheduled with CITY after the
issuance of the Notice-to-Proceed to confirm clear understanding of scope,objectives,
goals,design parameters(including, but not limited to limits,phasing,alignment,design
standards, R/W, environmental,traffic,and costs),and schedule.
CONSULTANT will prepare agendas and meeting minutes, and will develop an
assumption memo based on the discussion from the kickoff meeting to be distributed
among the key stakeholders with the objective of establishing a clear understanding of
Page 1 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
the goals,and reaching consensus on the traffic methodology,a key critical path task.
See a comprehensive listing of assumed meetings at the end of Task A.
Bi-Monthly Stakeholder Coordination Meetings,Coordination and Proiect Management:
An additional six(6)Stakeholder Coordination Meetings are scoped to cover project
development, progress,design review, and on-going/additional coordination efforts
during the course of the Project. Although meetings are assumed to be conducted bi-
monthly specifically with the CITY,frequency and attendees can be adjusted to meet the
project needs and requirements as necessary. The CONSULTANT will include:
BKF Engineers(BKF)—Prime Consultant—6 Meetings
Kittleson Associates Inc(KAI)-Traffic—4 Meetings
Circlepoint(CP)—Environmental-2 Meetings
Biggs Cardosa Associates(BCA)-Structural—1 Meeting
As part of Stakeholder Coordination and Project Management,CONSULTANT will
coordinate and provide team leadership and general project management services for
each task for the entire duration of the Project. Management activities will consist of
project management,administration,invoicing/progress reports,coordination,
attending meetings(agenda, meeting minutes, and action logs),submittal logs,
coordinating comments/responses,and quality control.
CONSULTANT will prepare a critical path method(CPM) project schedule using
Microsoft Project software,including key tasks,milestones and agency review periods.
The schedule will be updated bi-monthly through the duration of the Project. The
schedule will be provided to the local jurisdictional agencies for their review,comment
and buy-in.
A.2 Meetings/Coordination with Others(Agencies,3rd Party Stakeholders,Utility Companies,
and Landowners)
Meetings and coordination with others(Agencies, 3`d Party Stakeholders,Utility Companies,
Landowners,and the Public)will be identified at the onset of the Project for early Project
input in the design development process. CONSULTANT will work closely with the CITY to
identify stakeholders and setup individual and one-on-one focus meetings to discuss the
Project.
Frequency,attendees,type, and number of meetings and coordination can be adjusted to
meet the Project needs and requirements as necessary. See a comprehensive listing of
assumed meetings at the end of Task A.
Environmental(Permitting)Agency Coordination Meeting:Time has been allocated for
the CONSULTANT to coordinate with the various resource and regulatory agencies to
provide them with an overview of the Project and obtain their feedback regarding
sensitive biological/regulated resources within and adjacent to the Project alignment.
Page 2 of 34
BKF#: 20167083-10
October 11,2016
Dublin Blvd-North Canyons Pkwy Extension Project
Agencies may include US Army Corp of Engineers(USACOE),California Department ofFishandWildlife(CDFW),San Francisco Regional Water Quality Control Board
SFRWQCB),Alameda County Flood Control(Zone 7). Other potential topics of
discussion include permit strategy,potential mitigation options and their informationneeds.The communication with these agencies can be through an Interagency Meeting,a meeting hosted by the CITY,or a field site visit with the agency personnel;two(2)
Environmental(Permitting)Agency Coordination Meetings are assumed.
Utility Coordination Me"a(sl:The CONSULTANT will coordinate with Utility Owners to
identify existing utilities,potential obstructions and relocation requirements,includingfutureutilitycorridoropportunitiesassociatedwiththePrecisePlanLine.TheCONSULTANTwillcoordinateandconducttwo(2)Utility Coordination Meetings.
Landowner Coordination M in s :Since there are several private property owners
along the proposed extension limits,CONSULTANT will coordinate within privatepropertyownersaffectedbytheProject. A first-round focus meetings is recommendedwithinterestedpropertyownerstoopendialogue,develop understanding,and exposespecificandsensitivepropertyissuesinacontrolledenvironment. The CONSULTANTwillcoordinateandconducttwo(2)Landowner Coordination Meetings involving one-
on-one focus/coordination with property owner(s).
Additional Stakeholder Coordinatio eetines :CONSULTANT will coordinate and
conduct two(2)Stakeholder Coordination Meetings involving one-on-onefocus/coordination with either special interest groups,environmental groups, or otherstakeholdersand/or additional meetings beyond those identified above that may be
needed to assist in gaining understanding for and acceptance of the Project.
A.3 CEQA EIR Meetings
In support of the CEQA EIR process as described in further detail under Task D,the followingprojectcoordinationmeetingshavebeenscopedtofacilitateenvironmentalcertification
process:
Publics Meeting One(1)Public Scoping Meeting will be held pursuant to CEQAlegalrequirements.The intent of the scoping meeting is to solicit input on the scope of
the EIR. CONSULTANT will also assist the CITY in presenting the CEQA process at the
of
the EIR. CONSULTANT will also assistmeetingandwillassistincollectingall comments received on the scope of the EIR.Following the state-mandated 30-day scoping period,CONSULTANT will reviewcommentsreceivedinresponsetotheNOPandatthescopingmeeting.CONSULTANT
will provide a comment matrix spreadsheet to the CITY that organizes all commentsreceivedbyfederal;state;and local agencies,and public comment. Each comment willbeidentifiedtodeterminewhetheranynewissueswereraisedthatneedtobeaddressedintheEIRorwhetheranyadditionalanalyseswillberequiredasaresultof
the NOP comments.
Page 3 of 34
BKF#:2016708340
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
Public(Open House) Meeting: As a function of the discussions and findings of the first
round of various one on one focus meetings and environmental scoping meeting,it is
possible that a public meeting will be necessary,chosen,or requested by the CITY,or
the public. Per CEQA guidelines,a public meeting or open house prior or during the
preparation of the draft environmental document and during the public circulation is
not required,though is discretionary at the choice or request of the CITY.
Based on the nature of this Project and the involved stakeholders, the CONSULTANT
assumes a public meeting ("open house" format) will be conducted before the public
circulation (comment phase) of the draft environmental document, and has included
one(1)Public(Open House)Meeting in this scope of services.
The public meeting can be used to support the environmental document process,or as
an alternative, can also be used in order to resolve any other project outreach needs,
confront questions, or potentially used to further-engage the community,
environmental agencies, utility companies, landowners,
3rd party stakeholders, or other
groups in a different forum or on specific issues. Such a meeting can be used to assist
the scoping and understanding of key and critical issues moving forward and to help
gain understanding of environmental, right of way and cost issues and additional needs.
CONSULTANT will provide meeting materials consisting of agenda, notification flyers,
project graphics, handouts, and meeting minutes. See Task A Assumptions for CITY
responsibilities for Public(Open House) Meeting.
Public Meeting/Hearing During the EIR Public Review Period:One(1)Public
Meeting/Hearing has been scoped and will be conducted during the 45-day public
review period of the EIR to solicit comments from the public and agencies on the
adequacy of the EIR. This will provide another opportunity for the public to provide
comments on the draft EIR. CONSULTANT will work with the City on the desired
layout/structure of the meeting and how best to collect comments from the community.
CONSULTANT will provide meeting materials consisting of the agenda,notification
flyers,handouts, and meeting minutes. CONSULTANT will be available to answer
questions as determined necessary by the City. See Task A Assumptions for CITY
responsibilities for Public(Open House)Meeting.
Public Hearings(Planning Commission and City Council Meetings):In support of the EIR
approval and certification process through the CITY,the CONSULTANT will attend two
2) public hearings;one(1)Planning Commission Meeting and one(1)City Council
Meeting. CONSULTANT will assist the CITY in preparing for the hearings and will be
available to answer questions on the adequacy of the EIR.
Page 4 of 34
BKF#: 20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
Scoped Meetings:
See Task: J Description BKF CP KAI HT Harvey BCA
Project Coordination and CEQA EIR Meetings
A.1 Kick-Off Meeting 1 1 1 1
A.3 Public Scoping Meeting 1 1
A.1 Stakeholder Coordination Meetings 6 2 4 1
A.2 Environmental(Permitting)Agency Coordination 2 2 1
Meeting
A.2 Utility Coordination Meetings 2
A.2 Landowner Coordination Meetings 2
A.2 Additional Stakeholder Coordination Meetings 2 2
A.3 Public(Open-House) Meeting 1 1 1
A.3 Public Meeting/Hearing 1 1 1
A.3 Public Hearing(Planning Commission) Meeting 1 1 1
A.3 Public Hearing(City Council)Meeting 1 1 1
Precise Alignment Ordinance Meetings
C.5 Planning Commission Meeting(Dublin) 1
C.5 Council Meeting(Dublin) 2
C.5 Council Meeting(Livermore) 1
Total 24 12 9 2 1
TASK A DELIVERABLES
Meeting agendas, sign-in sheets, minutes, action log, and other standard meeting material, as
appropriate
Project Schedule updated bi-monthly
Public Meeting materials(agenda, notification flyer,handouts,graphic and minutes)
TASK A ASSUMPTIONS
CITY will cover all hard costs of the public meeting, including room and AV equipment rental
fees,and other associated costs, including translation/interpretation and stenographer services,
if needed.
CITY to provide the public meeting venue.
CITY will take the lead in the coordination and notification for the public meeting using a current
database of public agencies and private landowners for distributing email and/or mailing
notification materials and other related information. CITY will distribute the emails drafted by
CONSULTANT to stakeholders, including mailing notification,or other notification for the
meetings,and assist with website posting,and other planning efforts to the extent possible.
Consultant will prepare meeting announcement flyers/posters that will be used by the City to
post the meeting announcements at appropriate public places.
TASK A OPTIONAL/ADDITIONAL SERVICES
Additional one(1) Focus Meeting
Additional one(1) Public(Open House)Meeting
Additional one(1) Public Hearing Meeting
Additional One(1)CITY Council Meeting
Page 5 of 34
BKF#: 20167083-10
October 11, 2016 Dublin Blvd-North Canyons Pkwy Extension Project
B. TASK B:PRELIMINARY RIGHT-OF-WAY ANALYSIS&BASE MAPPING/DESIGN CONSTRAINTS
B.1 Base Mapping
Base mapping will be developed to facilitate the geometric design,environmental analysis,
R/W assessment,and design development of the preliminary engineering study. This
research and review task will assist in setting the existing conditions and restrictions onto
adjoining development projects.
Data Collection and Review: Obtain and review available data,files, reports,studies,and
other technical information available and necessary to assist with the Project. The CITY will
assist with providing requested information and/or online source links to download the
requested information.
CONSULTANT will coordinate with the local utilities and jurisdictional agencies to obtain
their most recent record information within the Project area. Additionally, CONSULTANT
will obtain and review existing record and right of way map information through the Project
area to help determine the approximate boundary location.
Data to be obtained/reviewed includes, but is not limited to the following:
General Plans, Specific Plans, Environmental Documents, Traffic Reports, Counts and
Models, etc. or any previous report(s) or documents related to adjacent projects, the
proposed project area,and scope of this Project
Utility record/as-built and CITY block map information
Aerial Mapping
Record Right of Way information
Preliminary Title Reports(6 parcels)
Roadway As-Built Information
Information gathered will be used for the Project base mapping.
Site Visits: It is anticipated that CONSULTANT will conduct site visits to field verify utility,
environmental,and other existing site features and conditions. One of the site visits will
consist of meeting and walking the Project area with CITY to discuss design alternatives,
environmental and other issues associated with Task B.2 Design Constraints. CITY and
CONSULTANT will coordinate with landowners to obtain permission to enter for site visits.
Monument Tie Survey, Proiect Control,and R/W Base Mapping:CONSULTANT will use
available existing horizontal and vertical control monumentation on the east and west ends
of the Project(North Canyons Pkwy/Doolan Road and Dublin Blvd/Fallon Road),as well as
control along the north side of 1-580. Field (survey)will be conducted to tie-down the
Project Control to available existing monumentation located in Dublin, Livermore, and
Alameda County. Field work will be used to import, rotate,translate and reconcile aerial
mapping and right of way information on a single horizontal/vertical Project Control system
for use in base mapping and design. Work includes:
Page 6 of 34
BKF#:20167083-10
October 11, 2016 Dublin Blvd-North Canyons Pkwy Extension Project
Gather/compile available record boundary Information 2,000 feet east of Doolan Road
and 2,000 feet north of 1-580
Gather/compile available record boundary information 2,000 feet west of Fallon Road
and 2,000 feet
Develop control mapping and provide coordinates (search ties) to assist field crew in
locating existing monumentation
Field Work(2.5 days allotted):
Verify existing monumentation (R/W monuments, street survey monuments etc.)
and using GPS,assign actual coordinates for each found monument to tie-down new
Project Control(1.5 to 2 days)
Search and locate existing survey monuments and physical evidence (parcel corner
monuments) required to assist resolving existing rights-of-way and property lines
within the Project limits and using GPS, assign actual coordinates for each found
monument to tie-down new Project Control(0.5 to 1 day)
Rotate/Translate Alameda County 2014 Aerial Flight (Planimetric Mapping) based on
GPS/Project Control
Calculate and enter record R/W lines, property lines, and parcel encumbrances (i.e.
easements) located within the Project limits in accordance with record maps, record
deeds, preliminary title reports, and other documents. Existing parcels will be tied into
the Project Control.
Develop base mapping with resolved aerial mapping, horizontal/vertical project control,
and R/W information
All surveying and mapping shall be in compliance with the provisions of the Professional
Land Surveyors Act, Sections 8700 to 8805 Business and Professions Code,the provisions of
the California Coordinate System,Sections 8801 to 8819 of the Public Resources Code,and
any other applicable code in the State of California.The horizontal and vertical datum is
assumed to be based on the North American Datum 83(NAD 83)and North American
Vertical Datum of 1988(NAVD 88),respectively.
Based on the right of way record information ordered by the CONSULTANT(preliminary title
reports)and supplied by the CITY(assessor's plats,record maps and as-built construction
drawings),the information will be compiled as part of the base mapping to represent
existing right of way,easements,and parcel lines. Boundary resolution is not included in this
scope of services.
Page 7 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
Develop/Compile Project Base Mapping: Prepared in AutoCAD format,CONSULTANT will
coordinate with CITY on mapping parameters to facilitate GIS conversion (ArcView)at the
end of the Project. Base mapping will be compiled to include the following
information/data:
Aerial Planimetric Mapping(based on Project Control)
R/W Information(based on Project Control)
Preliminary Environmental GPS Information(based on Project Control)
Roadway/development as-built/mapping information
Utility record/as-built and CITY block map information
Information from site visits
Other existing documentation
B.2 Design Constraints
Prior to preliminary design, concept development/refinement, R/W analysis, and
cost/benefit evaluation, CONSULTANT will develop Project Design Constraints Map. The
information within the Design Constraints Map will identify site conditions and proposed
requirements to include the following:
Environmental Limitations:CONSULTANT will provide information on the physical and
sensitive resource constraints on and around the Project area. CONSULTANT will review
the project area in the field during a reconnaissance-level survey with the Project team,
to identify sensitive resources to consider,to discuss specifics of the design and
construction methodology,and make recommendations in order to avoid and minimize
impacts to sensitive biological and regulated resources,streamline permitting and
reduce the Project's mitigation burden.GPS will be used to map sensitive resources such
as wetlands,drainages,California tiger salamander ponds,etc.and the location,
information,and other related data will be incorporated into the AutoCAD/GIS base
mapping. Additionally, CONSULTANT will conduct a literature review for sensitive
cultural resources and identify any known resources within the Project area that can be
avoided or minimized.
A graphical illustration showing where resources exist or have the potential to exist, and
identification of physical environmental constraints will be incorporated into the Project
Design Constraints Map.
Information prepared in this task will also be used to support the environmental
documents and studies.
Traffic Limitations: Prior to the traffic model being fully prepared for the detailed traffic
analysis under Task E,CONSULTANT will run the model and provide preliminary
forecasts with the available demand model.
Other Design Parameters,Standards, Guidelines and Limitations/Constraints:
Page 8 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
CONSULTANT will coordinate and assess the environmental and traffic information,and
work closely with the CITY to define,establish,and reconcile other Project
limitations/constraints including, but not limited to the following:
Project limits,transitions,and tie-in locations
Land Use, adjacent roadway connections and access points
Typical Cross Sections identifying lanes and multi-modal facilities
Design standards(Caltrans,AASHTO,CITY)and parameters:
o design speed
o horizontal/vertical design
o lane configurations/widths/cross-section
o pedestrian/bicycle facilities
o Transit in dedicated lanes or mixed flow lanes with enhanced ITS
implementation
Post-Construction Stormwater Treatment (C.3) (including in-lieu and green
infrastructure)
Utilities—Existing,future, rule 20A,and corridor reservations
Right of way—Existing and Project requirements (fee and easements)
The mapping will be developed hand in hand with the CITY, but will be submitted for review
and comment. CONSULTANT will incorporate comments, make revisions, and finalize prior
to proceeding with Task C.
TASK B DELIVERABLES
Project Base Mapping(Planimetric,As-Built, Utility,Environmental,and R/W Information)
Draft Design Constraints Map
Final Design Constraints Map
TASK B ASSUMPTIONS
County of Alameda 2014 Mapping satisfies the requirements(accuracy, resolution)of the CITY
Precise Alignment Ordinance,has ample coverage to meet the needs of this Preliminary
Engineering Study, and offers a minimum resolution requirements of at least six(6)inches
vertical with one(1)foot contours.
CONSULTANT will provide AutoCAD files upon request; CITY is responsible for GIS(ArcView)
conversion from AutoCAD.
New aerial mapping(planimetric/orthophoto)and supplemental topographic survey is excluded.
R/W Boundary Resolution, Record of Survey, and Plats and Legals are excluded.
Preliminary Title Reports(for up to 6 properties)will be ordered by the CONSULTANT.
TASK B OPTIONAL/ADDITIONAL SERVICES
Aerial Base Mapping
Supplemental Topographic Survey
Page 9 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
C. TASK C:PRELIMINARY DESIGN &COST ESTIMATE
CONSULTANT will develop horizontal and vertical alignments for use in the preliminary precise plan
line,as well as conceptual roadway plan, profile,and cross sections.The preliminary precise plan will
establish a multi-modal geometric design, be used to support the environmental document and
define the criteria and constraints for the Dublin Boulevard Extension.
C.1 Preliminary Horizontal Design
Initially,different variations of the alignment(horizontal)will be evaluated to develop the
preferred horizontal alignment which would consider the design constraints and minimize
impacts.
CONSULTANT will identify and document a range of horizontal alignments under
consideration that accommodate the required traffic lanes,bicycle and pedestrian facilities,
and transit and incorporate the appropriate design standards confirmed under Task B.The
traffic analysis information will be reviewed to confirm proposed lane assignments,
transitions,and storage lengths for turn lanes.The horizontal alignment will include
intersection geometry layout.CONSULTANT will also identify special design features like
right-of-way transitions, easements,sidewalks, bicycle facilities(Class I, II,and IV),
driveways,curb ramps, lane transitions,and dedicated transit (bus)lanes.
CONSULTANT will review the horizontal alignment to establish utility corridors,
ingress/egress access points, and general right of way requirements.
CONSULTANT will prepare preliminary a rough cost/benefit evaluation for the proposed
horizontal alternative(s)for consideration by the CITY in moving forward with preliminary
vertical design. The cost/benefit evaluation will consider design constraints and design
elements such as right of way,anticipated grading/retaining walls locations, likely and
bridge/culvert locations;this will be evaluated with the base mapping,field mapping and
ongoing discussions with the resource agencies in order to determine opportunities,
restrictions,and a balance of sensitive environmental issues and resources.
CONSULTANT will submit the geometric horizontal alignments and cost/benefit evaluation
and work with the CITY to review, respond and incorporate comments. CONSULTANT will
modify and refine the horizontal alignment to generate a preferred horizontal alignment.
C.2 Preliminary Vertical Design
Based on the preferred horizontal alignment,CONSULTANT will develop up to three(3)
conceptual vertical alignment alternatives. CONSULTANT will identify and document a
range of vertical alignments under consideration and develop profiles to balance the Project
goals,impacts, and opportunities incorporating the appropriate design standards confirmed
in Task B.2.
Page 10 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
Preliminary grading design and implementation of Green Infrastructure and Post-
Construction Stormwater Treatment C.3 Best Management Practices (BMP)facilities will be
initiated by CONSULTANT during this task to uncover any additional impacts and
opportunities related to the vertical-plane.CONSULTANT will evaluate surrounding
topography, roadway alignment(horizontal and vertical),to integrate opportunities for
conveying and treating storm water runoff to meet the Municipal Regional Permit(MRP)C.3
requirements. This will include preliminary calculations of total proposed impervious
surface area and rule of thumb sizing for required water quality treatment areas.
CONSULTANT will begin to evaluate approximate Project limits of grading disturbance and
estimate the approximate acreage and cubic yards of earthwork;this will be further
developed to support the environmental efforts regarding potential impacts and
disturbance of environmentally sensitive areas,and the analysis will be integrated into the
cost/benefit evaluation.
Due to the drainages in the area (such as Cottonwood Creek)and the known
environmentally sensitive resources,conceptual bridge alignments(including vertical
alignment, horizontal footprint,and configuration)will be identified and developed. Bridge
types and retaining wall limits/configuration options will be investigated to further reduce
impact areas and minimize grading disturbance.
CONSULTANT will update the rough cost/benefit evaluation to focus on the proposed
vertical alternative(s)for consideration by the CITY in moving forward with the preliminary
precise plan and conceptual plan and profile.
CONSULTANT will submit the conceptual geometric vertical alignments and cost/benefit
evaluation and work with the CITY to review, respond and incorporate comments in order to
develop the preferred vertical alignment.
C.3 65%Preliminary Precise Plan and Conceptual Plan/Profile
The preferred horizontal and vertical alignments will be used as a basis to prepare the
Preliminary Precise Plan Line and Conceptual Plan and Profile which will also be used in the
environmental assessment of the Project.
CONSULTANT will prepare the Preliminary Precise Plan Line and Conceptual Plan and Profile
to include:
Layout,
Profile,
Typical sections
Cross sections at 100-feet increments and key locations.
Page 11 of 34
BKF U: 20167083-10
October 11, 2016 Dublin Blvd-North Canyons Pkwy Extension Project
CONSULTANT will determine the Project needs for right of way acquisition, including
temporary and permanent easements based on the Precise Plan. The design shall identify
appropriate access points to land fronting the Project. Abutter's rights shall be restricted
along the roadway through unincorporated Alameda County to only allow development
consistent with Alameda County Measure D. CONSULTANT will summarize the right of way
analysis in a Preliminary R/W Analysis Map.
CONSULTANT will update the order of magnitude costs prepared in Task C.1 and Task C.2
to develop an order of magnitude costs for construction of the Project that include right of
way and environmental costs.
CONSULTANT will prepare an Alternative Summary Memorandum summarizing alternatives,
analysis and preferred alignment selections from Task C.1 and Task C.2. The memorandum
will compile the costs, R/W analysis,and details associated with the Preliminary Precise Plan
and Conceptual Plan/Profile,which will be used in the final design.
CONSULTANT will submit the 65%Preliminary Precise Plan,Conceptual Plan/Profile,Cross
Sections,R/W Analysis Map,and Alternative Summary Memorandum to the CITY to review
and comment.
C.4 100%Preliminary Precise Plan and Conceptual Plan/Profile
Upon completion of the 65%submittal and review,CONSULTANT will work with the CITY to
review, respond and incorporate comments.
CONSULTANT will modify and refine the Preliminary Precise Plan and Conceptual
Plan/Profile and Cross Sections.
CONSULTANT will also incorporate changes to the R/W Analysis Map,including graphically
depicting the R/W take areas and acreages,reflective of fee acquisitions(partial and full
take),and easement limits. The quantities and impacted parcels will be summarized in a
matrix to support the cost estimate and Alternative Summary Memorandum.
CONSULTANT will update and finalize the cost estimate and Alternative Summary
Memorandum to reflect comments and design refinements. CONSULTANT will submit the
100% Preliminary Precise Plan,Conceptual Plan/Profile,Cross Sections, R/W Analysis
Map/Matrix,and Alternative Summary Memorandum to the CITY.
C.5 City of Dublin Ordinance/Planning Commission/City Council Support
For the purpose of reserving areas for future widening,extension,or creation of streets,or
spaces for future utilities, pedestrian ways,fire and police emergency access,access to
property and Project rights of way,CITY will establish and adopt an alignment and right of
way lines.
Page 12 of 34
BKF#:20167083-10
October 11, 2016 Dublin Blvd-North Canyons Pkwy Extension Project
As a function of the work completed in Task C and in compliance with Chapter 7.68 of the
City of Dublin's Municipal Code,"Establishing Right of Way Lines,"CONSULTANT will
produce the Precise Plan Alignment with cross sections,costs and memo that will be used
by the CITY for processing the Precise Alignment Ordinance. CONSULTANT will assist and
support the CITY by attending one(1)Planning Commission Meeting and two(2)CITY
Council Meetings, based on the City of Dublin's Municipal Code.
Although not required by the City of Livermore Municipal Code,CONSULTANT will attend
one(1)City of Livermore Council Meeting.
For a complete listing and summary of these four(4)meetings, see Scoped Meeting table
found under Task A.
TASK C DELIVERABLES
Draft and Final Preliminary Horizontal and Vertical Alignments
Horizontal/Vertical Cost/Benefit Evaluation
65% Precise Plan Line, Conceptual Plan/Profile/Cross Sections, and Alternative Summary
Memorandum
100% Precise Plan Line, Conceptual Plan/Profile Cross Sections, and Alternative Summary
Memorandum
TASK C ASSUMPTIONS
Alameda County may require CITY attendance/participation/presentation at Board Meetings.
CITY will use the presentation material previously prepared by the CONSULTANT to present to
the Board of Supervisors.
TASK C OPTIONAL/ADDITIONAL SERVICES
Additional one(1)CITY Council Meeting
Page 13 of 34
BKF#:20167083-10
October 11, 2016 Dublin Blvd-North Canyons Pkwy Extension Project
D. TASK D:PREPARE CEQA ANALYSIS
D.1 Environmental Impact Report(EIR):
CONSULTANT will coordinate with CITY on CEQA related issues and prepare an
administrative draft EIR using the current the checklist template of the State CEQA
Guidelines,as well as the significance criteria identified for the CITY.
The EIR will focus on the significant effects of the project and indicate the reasons for
determining that other effects would not be significant or potentially significant. We
recognize that the development of this EIR will involve input from a variety of agencies,the
CITY, and other concerned parties. CONSULTANT will work closely with all to provide CEQA
expertise, resolve project questions, and relay information and questions to and from the
other firms on our project team.
Notice of Preparation (NOP)and Public Scopina:CONSULTANT will provide abbreviated
responses to the CEQA checklist questions to help identify key and non-key
environmental issues for the project. Using these information,CONSULTANT will
prepare a draft NOP for the CITY to review and approve for distribution.The NOP will
include a brief project description and the parameters established in CEQA Guidelines
Section 15082.The NOP will summarize the key issues that will be evaluated in the EIR
i.e.,traffic, biological resources,air quality and greenhouse gas,noise,cultural
resources,and traffic)and issues not requiring extensive further examination(e.g.,
mineral resources and public services). Based on the CITY's comments,CONSULTANT
will revise the draft NOP and send it to the State Clearinghouse,and any other
interested parties or stakeholders.
As described above under Task A.3, a public scoping meeting will be held pursuant to
CEQA legal requirements. Following the state-mandated 30-day scoping period,
CONSULTANT will review comments received in response to the NOP and at the scoping
meeting. CONSULTANT will provide a comment matrix spreadsheet to the CITY that
organizes all comments received by federal; state; and local agencies, and public
comment. Each comment will be identified to determine whether any new issues were
raised that need to be addressed in the EIR or whether any additional analyses will be
required as a result of the NOP comments.
Prepare EIR Project Description
Project Description:The Project description will be submitted for review and approval
prior to the submittal of the administrative draft EIR. The CITY will provide
CONSULTANT with one set of comments using Microsoft Word's"Track Changes"
feature. CONSULTANT will prepare the final project description upon receipt of CITY
comments. The project description will include:
Page 14 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
i. The precise location and boundaries of the proposed alignment on an aerial map,
which also will show the regional location of the Project site;
ii. A general description of the technical and environmental characteristics of the
Project
iii. A brief statement describing the intended uses of the EIR
iv. A list of the agencies that are expected to use the EIR in their decision making
v. A list of permits and other approvals required to implement the project
vi. A list of related environmental review and consultation requirements required by
federal,state,or local laws,regulations,or policies.
EIR Setting, Impact Analyses,and Mitigation:The environmental setting for each of the
topical areas will include the relevant section for that specific topic. The environmental
impact analyses will be based upon the impacts associated with the proposed
alignment. The administrative draft EIR will include the full range of potential impacts
for all topical areas as required by the CEQA Guidelines,and measurable mitigation for
each significant or potentially significant impact identified to eliminate or reduce the
impact to a less-than-significant level to the extent feasible.
Four(4)standalone reports(technical studies)will be prepared for the following technical
areas: biological resources;cultural resources;air quality and greenhouse gas;and noise and
vibration. Traffic study prepared under Section E will be used for EIR and be sufficient to
meet CEQA standards. These reports will provide the substantial evidence required to clear
the EIR for CEQA clearance. A description of the scope of work for each report is described
below:
Biological Resources Report:
Biological Resources Report-Setting Section: In conjunction with resource agency
consultation conducted(and discussed)under Task A.2,CONSULTANT will review
Project materials and relevant background information concerning biological resources
in the Project vicinity, including reports prepared by HTH for the Moller Ranch, Dublin
Ranch,Wallis Ranch, 1-580, Las Positas College,and Dougherty Road projects;the East
Alameda County Conservation Strategy(EACCS);aerial photographs of the vicinity; U.S.
Geological Survey topographic maps; USFWS National Wetland Inventory Maps;the
California Natural Diversity Database(CNDDB);and species data compiled by the
California Native Plant Society and other public interest groups.
A wildlife ecologist and a botanist/wetlands ecologist will conduct reconnaissance-level
field surveys of the Project area to document the biological conditions.This information
will be gathered for the purpose of characterizing the botanical resources and wildlife
habitat values of the Project site and surrounding vicinity.The dominant biotic
communities of the site,characterized based on dominant plants and associated
wildlife,will be mapped. Additionally,the trees on the site will be surveyed and
evaluated for the purposes of CEQA analysis in the EIR.
Page 15 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
The reconnaissance-level field surveys will also determine the site's potential to support
special-status plant and animal species. Based on East Alameda County Conservation
Strategy(EACCS)habitat mapping(which the lead agency and resource agencies will
likely refer to),special-status species issues will likely involve California tiger salamander
Ambystoma californiense),California red-legged frog(Rana draytonii),western pond
turtle (Actinemys marmorata),Callippe silverspot butterfly(Speyeria callippe callippe),
golden eagle(Aquila chrysaetos),tricolored blackbird(Agelaius tricolor),burrowing owl
Athene cunicularia),American badger(Taxidea taxus),San Joaquin kit fox,San Joaquin
spearscale(Extriplex joaquiniana)and Congdon's tarplant(Centromadia parry!ssp.
congdonii), among others.
Special-status species surveys do not need to be conducted for the EIR. This scope
assumes the presence of California tiger salamander,California red-legged frog,and San
Joaquin kit fox within the entire footprint of the site. The potential for special-status
plant species will be addressed through mitigation measures to include future plant
surveys prior to construction, given that identification of plant species is seasonal and
can fluctuate during the preparation of the document.
CONSULTANT will assess the topography and soil types that occur within the Project
area,and determine whether they represent suitable habitat(i.e.saline-alkali soils with
hummock topography)for these species.Refined mapping will be conducted of
potentially sensitive or regulated habitats,such as wetlands and other waters of the
U.S./State,on the Project site. Habitat mapping will be conducted by using
methodologies developed and approved by the U.S. Environmental Protection Agency
and U.S.Army Corps of Engineers,ensuring all waters of the U,S./State are mapped at a
level sufficient for environmental review and for future incorporation into a
jurisdictional determination report during the permit phase of the Project.
Biological Resources Report-Impacts and Mitigation:The report will analyze the
elements of the proposed Project in the context of the biotic resources of the project
area and vicinity and identify site-specific and cumulative impacts. Based on CEQA
Guidelines(Appendix G), identification and determination will be made on all impacts as
being either less than significant, less than significant with mitigation,or(if appropriate)
significant and unavoidable.
Based on EACCS mitigation guidance, mitigation measures will be described for
potentially significant environmental impacts. Mitigation,as it applies to a discussion of
how to ameliorate the significant effects of the Project on biotic resources on and off
the Project site,will Include avoidance of the impact,minimizing the impact by
decreasing the magnitude of the action, restoring the biotic resource to its former
condition after the impact has occurred, reducing or eliminating the impact overtime by
appropriate preservation and maintenance operations during the life of the Project,and
Page 16 of 34
BKF#: 20167083-10
October 11, 2016 Dublin Blvd-North Canyons Pkwy Extension Project
compensating for the impact by replacing elsewhere those habitats or those biota that
have been adversely affected.
Cultural Resources Assessment Report:
Archival Research and Records Search: CONSULTANT will consult with the California
Historical Resources Information System(CHRIS),Northwest Information Center(NWIC)
at Sonoma State University to conduct a record search of the approximately 1.75-mile
long project area (of unknown width).The records search will identify known cultural
resource sites and previous surveys in the Project area and within a minimum one-
quarter mile radius adjacent thereto.
All previous cultural resource surveys, known historic or prehistoric sites,and listed or
eligible National Register of Historic Places or California Register of Historical Resources
properties within the area of the record search will be identified.Copies of applicable
site records and survey reports will be made as necessary,and site locations will be
plotted on the USGS topo quad.
State and local historic site inventories will also be reviewed to identify the presence of
any listed sites in the project vicinity.Additional data on the history and prehistory of
the area on file will be also reviewed.
Native American Heritage Commission:As required under CEQA,the Native American
Heritage Commission(NAHC) in Sacramento will be contacted by email (certified letter)
with a description of the proposed project, and a request to review their Sacred Lands
file for information on traditional or cultural lands within the project area and vicinity.
The NAHC will also be asked to provide a list of interested, local Native American
representatives.The contact letter will be followed with a maximum of two telephone
calls to each representative if no written response to the contact letter is received in an
appropriate amount of time. Results of the consultation will be included in the Cultural
Resources Assessment Report discussed below.
SB 18 Consultation: In accordance with statutory requirements stipulated in Senate Bill
18(SB 18):
Prior to the adoption or any amendment of a general or specific plan, a local
government must notify the appropriate tribes (on the contact list maintained by the
NAHC) of the opportunity to conduct consultations for the purposes of preserving, or
mitigating, impacts to, cultural places located on land within the local government's
jurisdiction that is affected by the proposed plan adoption or amendment (Supplement
to General Plan Guidelines-2005).
Page 17 of 34
BKF#:20167083-10
October 11, 2016 Dublin Blvd-North Canyons Pkwy Extension Project
To facilitate this government-to-government consultation and on behalf of the CITY,
CONSULTANT will contact the NAHC in Sacramento to provide notification of the
proposed project and to request a list of tribes with traditional lands or cultural places
located within the City's jurisdiction. The tribes identified on the list provided by the
NAHC are those that the CITY must contact for purposes of consultation, prior to
completing preparation of the precise plan or changes in the General Plan. On behalf of
the CITY, CONSULTANT will contact the tribes identified by the NAHC to notify them of
the opportunity to consult. Pursuant to Government Code §65352.3(a)(2),each tribe has
90 days to respond and request consultation. If the tribes do not respond, or decline
consultation,consultation is not required. If a tribe requests consultation,CONSULTANT
will coordinate the required face-to-face consultation between tribal representative(s)
and the designated CITY representative(s). CONSULTANT will maintain records of all
communications for inclusion in the project's Cultural Resources Assessment Report that
will be prepared for the project.
AB-52 Consultation: Assembly Bill 52 requires a lead agency to provide notice to Native
American tribes that are traditionally or culturally affiliated with the geographic area of
a proposed project if such tribe(s) have requested notice of projects within that area. If
the tribe(s) that have requested notification request consultation within 30 days of
receiving such notification, the agency must consult with the tribes. Consultation may
include discussion of the type of environmental review that is necessary,the significance
of tribal cultural resources within the project area or surrounding region, the
significance of the project's impacts on the tribal cultural resources, and the alternatives
and mitigation measures recommended by the tribe. On behalf of the CITY, as lead
agency,CONSULTANT will contact the tribe(s)that have notified the CITY that they wish
to be consulted and will provide a project description and notification that they have 30
days to request consultation with the CITY. If the tribes do not respond, or decline
consultation,consultation is not required. If a tribe requests consultation,CONSULTANT
will coordinate the required face-to-face consultation between tribal representative(s)
and the designated CITY representative(s). CONSULTANT will maintain records of all
communications for inclusion in the project's Cultural Resources Assessment Report
that will be prepared for the project
In anticipation of the types of materials that may be requested as part of the AB-52
consultation, CONSULTANT has included provisional costs for obtaining the information
from the NWIC. These may include copies of the results of the record search, copies of
reports on archaeological studies conducted within the project area or the surrounding
Y-mile radius that are identified in the record search, an assessment of the
archaeological sensitivity for the project area, a copy of the project's Cultural Resources
Assessment Report, including recommendations and recommended mitigation
measures, the results of the NAHC consultation, copies of any ethnographic studies
conducted within the project area and the surrounding 14-mile radius,and copies of any
geotechnical reports conducted within the project area.
Page 18 of 34
BKF#:20167083-10
October 11,2016
Dublin Blvd-North Canyons Pkwy Extension Project
Archaeological Survev: As a means of evaluating the potential impacts to culturalresources, unless recently surveyed by qualified archaeologists (as evidenced by a
competent report on file at the NWIC), CONSULTANT will conduct an intensive
pedestrian archaeological survey of the Project area to evaluate potential project
impacts to cultural resources. The survey will be conducted at a maximum survey
transect interval of 15 meters.
Paleontoloeical Resources: A paleontological records search will be conducted at the
Museum of Natural History, Los Angeles, CA, and CONSULTANT will reviewvew construction
eparon
plans and maps. A Paleontological Investigation Report (PIR) i
accordingly that will
ces
assess
and willhrecommend
to
ique
esources.
paleontological resources
ortp Preparation: CONSULTANT will prepare a draft Cultural Resource Assessment
Report that will include a brief NAHCoclons ultatoont'archaeological survey,
results of the record and
and the PIR.Mitigation recommendations,if warranted,will be presented.
CONSULTANT will address comments on the draft and will prep oval
final Cultural
a
Resources Assessment Report(CRAR)for submission.Upon app
copy of the CRAR will be provided to the NWIC, as required.
Recordation of Protected Resources: Although not anticipated, the CONSULTANT hasidentifiedtheRecordationofProtectedResourcesforArchitecturalResourcesandArcheologicalSitesorResourcesasanoptionalservice; an estimation of the effort and
cost to provide this service to the City has been identified in the attached Preliminary
Engineering Study for Dublin Boulevard-North Canyons Parkway Extension - Project
Budget Scope/Fee Summary,and is described as follows;
Any newly discovered historic (over 50 years of age) or prehistoric
archaeological sites, and architectural resources over 45 years in age identified
during the survey will be recorded, as required, on appropriate Department ofParksandRecreationPrimaryRecord (DPR 523) and associated (e.g., Building-
Structure-Object) forms. Although not anticipated, the CONSULTANT has
identified this effort as an optional service.
Any previously recorded archaeological sites or architectural resourcesidentifiedwithintheprojectareaaspartoftheNWICrecordssearchwillbere-located and a DPR 523-L Continuation/Update form must be prepared for each.
Air Quality/Greenhouse Gas Report/Energy:
Baclearound Review Project Meetin s and Coordination:Prior to conducting a site visit,CONSULTANT will collect/review relevant Project materials and background information
including air quality setting in terms of health effects of air pollution,site climateconditions,monitored air pollutant levels, regulatory environment and planning efforts
to improve or maintain air quality conditions.
Page 19 of 34
BKF#: 20167083-10
October 11,2016
Dublin Blvd-North Canyons Pkwy Extension Project
Evaluate Regional Air nuality Imacts: Air Quality modeling will be performed in
accordance with BAAQMD standards. The Project
hose that hage an
patterns leading
to a change in air pollutant emissions, primarily
CONSULTANT will analyze regional air
quality(i.e.,ozone precursors,PM2,s, and PMio),pollutant emissions based on differences in daily vehicles miles traveled and average
speed between the project and no-projectt effraffi forecast data to predict changes in
EMFAC2007 model will be combined withemissionsofozoneprecursorpollutants(reactive organic gases and nitrogen oxides)and particulate matter(i.e.,PM10 and PM2.s•The net change in emissions will be
compared against BAAQMD significance thresholds.
Evaluate Local Air Quality Im apcts.An assessment of changes to carbon monoxideRoadsideconcentrationswillbeconductedtoevaluateimpactstolocalairquality. Roads
carbon monoxide
concentrations will be
D
predicted
These methods are based on
thetable
to the Bay Area Air Quality Management ination of the
Caline4 Line-Source Dispersion Model•
wtThe gnif can obof the resultshighesttrafficvolumesandworstLOSwouldbemodeled
will be based on a comparison with ambient air quality standards.
Evaluate Construction Im acts:Construction period impacts will be addressed by
computing emissions using the latest version of the Road ConstructiondEm ss ons model,
computing emissions using the lot be compared
Version 8.1.01.This will provide an estimate of
from construction activitieses wou d be
against BAAQMD thresholds. Localized impactsaddressedthroughapplicationofCITYstandard fugitive dust control measures.To
address toxic air contaminants from construction
tr to adja ent sensitive receptors wi I
health
risk assessment will be performed. Imp
predicted.
Evaluate Risk from Toxic Air Contaminates:TheePProject d potentially be
will be
of
toxic air contaminants that may affect sensitive
Vehicle
predicted for future years so the effect of substantially lower emissions due to new
controls and fleet turnover can be incorporated
nalanalysis.
analysis.The
the emissions
or EMFAC2014 model will be used inwouldbeconductedwiththeCaline 4 or Cal3ghcr model along with representativemeteorologicaldata. Excess cancer and non-cancer risk will be predicted following
BAAQMD guidance. In addition,the model will predict the annual concentration of
thresholds. The anal air
PM2.5 that could be compared to rdance wathDthe most recent Off ceyof Env ronmental
contaminants will be done in acco
Health Hazard Assessment(OEHHA)standards.
Greenhouse Gas Emissions:Greenhouse gas emissions will be calculated using the same
methodology as described for ozone precursor
will be reported;the ac uracy of these peed
r.The
ctons
difference in travel-related emissions P orted;
Page 20 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
will be based on the data provided by the traffic consultant.The assessment of these
emissions may be somewhat qualitative, because specific travel speed and vehicles
miles are the necessary inputs for calculating vehicle emissions. GHG emissions will
compared against BAAQMD significance thresholds.
Energy Impacts: In accordance with Appendix F of the CEQA Guidelines, projected
electricity and natural gas usage, during construction and operation of the project,
would be estimated using CalEEMod and project-specific information. Energy impacts
will be quantified to the extent feasible and disclosed in a separate Energy chapter in
the EIR.
Preparation of Air Quality and GHG Technical Report:In accordance with applicable
CEQA guidelines,a technical air quality and greenhouse gas emission report,suitable for
use in completion of the environmental document,will be prepared that briefly
describes the air quality setting in terms of health effects of air pollution,site climate
conditions, monitored air pollutant levels, regulatory environment and planning efforts
to improve or maintain air quality conditions. Impacts and mitigation will be included.
Response to one set of internal comments and one set from CITY on the administrative
draft of the report are included; revisions will be made based on these comments.
Noise/Vibration Report:
Background Review, Project Meetings,and Coordination:CONSULTANT will review
relevant Project materials,background information,guidelines and policies that are
applicable to the Project prior to site visit in support of the noise/vibration technical
study.
Noise Monitoring Survey: It is anticipated that existing noise levels in the vicinity of the
Project alignment are dominated by traffic traveling along 1-580,which is located just
south of the Project alignment. Noise measurements will be conducted at noise
sensitive receptor locations adjacent to the Project alignment. Noise levels will be
monitored during daytime,evening,and nighttime periods at representative locations
adjacent to the study area in order to establish baseline noise levels along the corridor
long-term measurements).Attended measurements would be conducted over short-
term periods of 10 to 15 minutes.Traffic conditions on existing roadway segments
would be monitored during short-term measurements through vehicle counts and
speed estimates.Using these data,day/night noise levels(Ldn)would be identified at
each location.The noise measurement sites would be selected according to the
distribution of noise-sensitive receptors. Review of the Project vicinity map and aerial
photography of the area shows that there are few noise sensitive receptors along the
proposed roadway extension alignment;therefore,the noise monitoring survey will
include 1 to 2 long-term and 3 to 4 short-term noise measurement locations.
Page 21 of 34
BKF#: 20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
Traffic Noise Modeling:Traffic noise modeling will be used to calculate existing,existing
plus project,and future with project traffic noise levels. Modeling will be conducted
using either FHWA's Traffic Noise Model(TNM)or SoundPLAN with the TNM calculation
module selected.The model will be calibrated to measured conditions using existing
topography and roadway alignment of 1-580,which is anticipated to be the primary
noise source in the area. Future traffic noise levels will be predicted taking into account
future traffic volumes,lane configurations,and speeds along both 1-580 and the
proposed roadway extension.
Identify Noise Impacts and Mitigation Measures:A significant noise impact would occur
if noise levels are projected to substantially increase at a noise sensitive receptor or
exceed the thresholds identified in the General Plan.The primary test for a road
improvement project under CEQA is the substantial increase test.This assessment will
be completed by comparing existing noise levels with the Project to existing noise levels
without the Project at existing noise sensitive locations. The potential short-term noise
and vibration impacts resulting from construction will be assessed and identified.
Measures to reduce noise levels would be recommended where significant noise
impacts are identified.The feasibility or effectiveness of noise barriers and quieter
pavement would be evaluated through traffic noise modeling.
Preparation of Noise Technical Report: In accordance with applicable CEQA guidelines,a
technical noise and vibration report,suitable for use in completion of the environmental
document,will be prepared that addresses noise and vibration impacts.
Response to one set of internal comments and one set from CITY on the administrative
draft of the report are included;revisions will be made based on these comments.
Other Required EIR Analyses
Cumulative Impacts:The analysis of cumulative impacts will be based on Section 15130 of
the CEQA Guidelines.According to CEQA,a cumulative impact would occur if the effects of
the project(which alone may not result in significant impacts)cause a significant
environmental impact when taken in combination with the effects of other ongoing and
reasonably foreseeable projects in the area. The cumulative analysis scenario will be based
on future development in the project area and will use either a list provided by the CITY of
current, planned and reasonably foreseeable future projects,or an agreed calculation of the
buildout associated with the CITY's General Plan.
The EIR will evaluate whether there are significant cumulative impacts associated with
development of the project area,and whether the project's contribution to a significant
cumulative impact would be substantial("cumulatively considerable"). In general,a
project's contribution to a cumulative impact is determined not to be cumulatively
considerable if the project is required to implement or fund its"fair share"of mitigation
Page 22 of 34
BKF#:20167083-10
October 11,2016
Dublin Blvd-North Canyons Pkwy Extension Project
measures designed to alleviate the cumulative impact.The EIR will provide a discussion of
any reasonably feasible options for mitigating or avoiding the project's contribution to any
significant cumulative impacts.
Alternatives to the Project:Alternatives to the project are anticipated to include the No
Project Alternative(required by CEQA)and two development scenarios that will avoidsignificantimpactsrelatedtotheproject.These scenarios could involve different design
changes(as supported with the work under Task C), a reduction in the total development
on the project site or an alternative location/alignment(unless considered and rejected asinfeasible). It will be important that these alternatives be reasonable,feasible,and meet thebasicobjectivesoftheproject.The No Project Alternative will assume development of thesiteaccordingtotheexistinggeneralplanlandusedesignationandzoningfortheproperty.Alternatives considered but rejected,that were developed during the design phase will be
included disclosed in this chapter of the EIR.
The impacts of each alternative will be compared to those associated with the project.AsrequiredbyCEQA,the advantages and disadvantages of each alternative and the reasons for
rejecting any alternative will be discussed, including consistency with the roveconme finedgoalsandobjectives. In accordance with CEQA(Section 15126.6(e)(2))thesuperioralternativeamongthetwoalternatedevelopmentscenarioswill be identified.
Effects Found N be Sigotto nificant:This section will list and briefly discuss the potential
impacts found to be insignificant or less-than-significant.This chapter will go through each
item on the CEQA Guidelines Appendix G checklist and direct the reader to the appropriate
EIR section for relevant issues.
Other CEQA-Required Conclusions:Pursuant to CEQA Section 15126 CEQA Required
Conclusions,the following information will be presented as applicable:
o All significant unavoidable adverse impacts,including any impacts that can be partially
mitigated,but not to less-than-significant level.
o Significant Irreversible Environmental Changes, including the irretrievable commitment
of natural resources to a project.
o The potential for growth-inducement associated with the proposed project and the
corresponding impacts.Growth inducement occurs when a project would create
substantial direct or indirect economic or population growth in the surrounding
environment.The EIR will consider whether the project would induce growth through
the removal of obstacles to growth (such as through a change in zoning or the extension
of roads or utilities into an undeveloped area)or through the generation of major new
employment or housing.
Screencheck Draft EIR
CONSULTANT will make revisions to the administrative draft EIR based on a single set of
consolidated comments.CONSULTANT
oi initiating
l schedule
r the changes
face-to-face
changesanges will be incorporated
go over their comments prio
Page 23 of 34
BKF#:20167083-10
October 11,2016
Dublin Blvd-North Canyons Pkwy Extension Project
into a "Screencheck"draft that will serve as the last review draft before publication.ThescreencheckdraftEIRwillbeprovidedtotheCITYindigitalandhardcopyformats.The
digital format will show revisions in underline and redline strikeout text for ease of review.
The hardcopy screencheck draft EIR will incorporate the edits to show document overall
readability and flow. CONSULTANT will make revisions to the screencheck EIR based on a
single set of consolidated comments.
Prepare and Publish Draft EIRCONSULTANTwillincorporate any comments received on the screencheck draft EIR into the
draft EIR.CONSULTANT will prepare public notices and provide the notices for the CITY todistribute.CONSULTANT will draft the State Clearinghouse Notice of Completion form for
CITY staff to review and sign,and will transmit 15 copies of the draft EIR to the State
Clearinghouse,with the NOC. Depending upon demand,CONSULTANT will provide
additional copies at cost.
Public Review
As described in detail under Task A.3,CONSULTANT will attend one public hearing on thedraftEIRduringthepublicreviewperiod.CONSULTANT will assist the CITY in preparing for
the public hearing.
Administrative Final EIR
Administrative Draft Response to Comments (RTC):CONSULTANT will meet
oresponding
ihCITY staff
to
to review all comments received on the draft EIR and discuss the appthosecomments. CONSULTANT will prepare an administrative draft RTC that responds to amaximumof25individualcomments (either written or received at the public hearings).We
have prepared an estimated budget for the response to comments document based onassumptionsrelatedtothenumberandcomplexityofcomments.The estimated budget for
may need to be modified based on the volume and complexity of comments received.
The administrative draft RTC will include the following chapters:
Introduction
List of Commenting Agencies,Organizations,and IndividualsResponsetoComments, including copies of all comment letters with numbers/lettering
associated with each separate comment and responses to individual comments. If
appropriate, master responses can be crafted to address issues raised in multiple
comments.
Errata and Refinements to the draft EIR,this section includes changes to pages of the
draft EIR that will be reviewed by the CITY for ultimate incorporation into the reprinted
draft EIR.
Draft Mitigation Monitoring and Reporting Program
Appendices,as needed.
Page 24 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
Screencheck Draft Response to Comments(RTC):CONSULTANT will revise the administrative
draft RTC in response to a single set of consolidated comments received from the CITY and
submit a screencheck draft RTC for review by the CITY. For ease of review,Circlepoint will
prepare this document using underline and redline strikethrough text to show changes.
Final EIR and MMRP
Final Response to Comments:CONSULTANT will incorporate final revisions from the CITY
into the RTC document. Depending upon demand, CONSULTANT will provide additional
copies at cost.The response to comments document in combination with the draft EIR will
constitute the final EIR.
Mitigation Monitoring and Reporting Program: CONSULTANT will prepare a Mitigation
Monitoring and Reporting Program (MMRP)pursuant to CEQA Guidelines Section 15097.
The MMRP will be prepared in the form of a spreadsheet matrix and will include all
proposed mitigation measures,the party responsible for implementation,the party
responsible for monitoring,and the monitoring action to be used to ensure compliance.The
CITY will review and provide comments on the MMRP.CONSULTANT will revise the MMRP
using redline strikeout and submit to CITY staff for final approval. CONSULTANT will finalize
the MMRP after receiving CITY comments.
Attend Public Hearings
As discussed in Tasks A.3, CONSULTANT will attend two (2) public hearings; one Planning
Commission and one City Council hearing for the certification and approval of the EIR.
CONSULTANT will assist the CITY in preparing for the hearings and will be available to
answer questions on the adequacy of the EIR.
TASK D DELIVERABLES
NOP and Scoping Comments
Technical Studies:
o AQ/GHG Report
o Noise/Vibration Report
o Biological Resources Report
o Cultural Resources Report
o Traffic Report(See Task E)
Administrative Draft EIR—5 copies(1 electronic)
Screencheck Draft EIR—2 copies(1 electronic)
Draft EIR
o 15 copies to the State Clearinghouse
o 25 copies(1 electronic)
Administrative Final EIR—5 copies(1 electronic)
Final EIR—15 copies(1 electronic)
TASK D ASSUMPTIONS
NEPA is excluded from this scope of services.
Page 25 of 34
BKF#:20167083-10
October 11, 2016 Dublin Blvd-North Canyons Pkwy Extension Project
Preparation of a detailed wetland delineation report adequate for project permitting or
conducting a site visit with the U.S.Army Corps of Engineers to obtain verification of
jurisdictional boundaries,is excluded.
It is assumed there is no Caltrans involvement in this Project,and that a 1/4-mile radius for the
cultural records search is acceptable.
As the NWIC typically has a backlog of requests,a normal records search could take up to sixweekstocomplete.CONSULTANT recommends/assumes a Rapid Response records search be
conducted,which will generate results within two to three weeks.Cost estimate to be
confirmed by the NWIC.
No subsurface testing will be conducted as part of this proposal. However,under an authorized
contract amendment,any cultural resources discovered during the survey will be recorded and
evaluated for significance(California Register of Historical Resources eligibility)in accordance
with the criteria in CEQA Section 15064.5 and 36 CFR 60.4.
It is assumed the CITY will coordinate with other agencies(i.e.,City of Dublin,City of Livermore
and the County of Alameda)to solicit comments as they seem necessary on the administrative
draft and MND). CONSULTANT will respond to one consolidated set of comments for the CITY.
No special status species surveys or permitting is assumed during the preparation of the EIR.
The scope of services does not include permitting consultation with agencies.
Mitigation measures to be described in the biological report will be of sufficient detail for CEQA
review purposes. However,preparation of detailed habitat mitigation plans,should such plans
be necessary in the future,and identification of mitigation sites(e.g.,for special-status species'
habitat)is not included within this scope of work.
This scope does not include conditions of agency permits and approvals, including the biological
opinion and incidental take permit that may result in survey of monitoring needs. If such
approvals contain additional requirements,we would be happy to perform those services and
bill them on an hourly basis,or provide a separate proposal for those services.
CITY will distribute the Notice of Intent to Adopt to mailing list developed under Task A.3(Public
Meeting),and all other interested parties or stakeholders.It is difficult to assess the efforts required to respond to comments received on the draft EIR by
the public and agencies. The budget allocated for this optional task assumes a task-effort to
respond to comments received on the draft EIR("Response to Comments/Final EIR"). If the
volume and types of comments received exceed the hours allocated for this task,an augment
may be required to address the comments.CONSULTANT assumes that the proposed alignment would not change significantly from the one
analyzed in the EIR.
CONSULTANT assumes that no new technical studies or additional analysis will be required for
the preparation for the EIR or as result of comments received during the scoping and public
review period.
TASK D OPTIONAL/ADDITIONAL SERVICES
Public Hearing Meeting
Recordation of Protected Resources—Architectural Resources
Recordation of Protected Resources—Archaeological Sites or Resources
Page 26 of 34
BKF#:20167083-10
October 11, 2016 Dublin Blvd-North Canyons Pkwy Extension Project
E. TASK E: DEVELOP ULTIMATE ROADWAY CAPACITY
E.1 Traffic Study
CONSULTANT will prepare a traffic study that will determine the ultimate capacity and
configuration needed to operate the Dublin Boulevard/ North Canyons Parkway Extension.
The study will involve travel demand forecasting and traffic operations to determine the
capacity requirements for the Project.
Traffic Assumptions
Assumptions Memorandum: Based on the discussion from the kickoff meeting in Task A,
but prior to commencing with the traffic study, CONSULTANT will develop a memo
describing the approach for the traffic analysis and all assumptions for study limits, data
collection, validation, horizon years, scenarios, travel forecasting, traffic operations
analysis, and CEOA support. This memo will be circulated to the CITY for review and
comment.
Study Intersections: Based on a review of model comparison graphics (between 2040
plus project and 2040 no-project volumes), CONSULTANT assumes the following 10
intersections for analysis. The final list will be determined in coordination with CITY:
1. Airway Blvd/580 EB ramps (Livermore)
2. Airway Blvd/580 WB ramps(Livermore)
3. Airway Blvd/N.Canyons Parkway(Livermore)
4. Isabel/Portola Avenue (Livermore)
5. Doolan Road/Dublin Boulevard Ext-future intersection -(Livermore)
6. Dublin Boulevard Ext/new Access Road -future intersection (Dublin)
7. Dublin Boulevard Ext/Fallon Road -future intersection (Dublin)
8. Fallon Road/580 EB ramps (Dublin)
9. El Charro Road/580 WB ramps (Livermore)
10. Dublin Boulevard Ext/Tassajara Road (Dublin)
Alternative/Substitute Study Intersections: Other alternative intersections for
substitution in the analysis will include the following 4 intersections:
11. Portola Avenue/Mu rrieta Blvd(Livermore)
12. Isabel Ave/580 EB ramps (Livermore)
13. Isabel Ave/580 WB ramps(Livermore)
14. Dublin Boulevard Ext/Hacienda Blvd (Dublin)
Study intersections have been determined in coordination with CITY. Extending the
traffic study to cover more than 14 study intersections is considered additional work and
scope/fee can be provided upon request.
Page 27 of 34
BKF#: 20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
It is assumed that available Synchro models from CITY will be provided to CONSULTANT.
CONSULTANT will stitch models together and update any necessary assumptions
including lane geometries and signal phasing.
a. Review Background Documents
Existing/Background Documentation: CONSULTANT will collect and review all land use
and background information including all relevant policies, action plans, general
plan/specific plans and traffic impact fees. The General Plans of Dublin, County, and
Livermore together with the BART to Isabel DEIR and the Isabel Avenue Station Area
Plan will be reviewed. CONSULTANT will also review the ACTC Capital Project Delivery
Plan to facilitate coordination with the 580 Freeway Corridor Management System
Project.
A listing of background documents to be provided to CONSULTANT, and/or online links
shared,by CITY will be provided by CONSULTANT at the kick-off meeting under Task A.1.
b. Existing Conditions
Counts: The purpose of this task is to describe the existing conditions in the Project
vicinity. This will establish the setting of the study area, and calibrate both travel
forecasting and traffic operations analysis models. CONSULTANT will analyze up to
fourteen (14) study intersections as listed above, during the AM and PM peak hours.
CONSULTANT will coordinate with the CITY to obtain all traffic counts from available
CITY sources. The counts are assumed to include bicycle, pedestrian, bus and truck
flows at the 14 study intersections.
If study intersection counts are not available, or the specific assumed data at each
intersection is not available,or if the CITY is interested in updated/current traffic counts
that capture recent local and regional transportation projects in the area, an optional
service has been identified for Traffic Counts for 14 Intersections. Upon written
authorization, CONSULTANT will mobilize a reputed data collection firm to collect
intersection turning movement counts at the study intersection during the AM and PM
peak periods, including bicycle, pedestrian, bus and truck flows. Additional study
intersection counts/analysis beyond 14 is considered additional work,and scope/fee can
be provided upon request.
Field Visit: A field visit will be conducted to inventory existing geometrics and
operational characteristics at the study intersections. CONSULTANT will identify existing
deficiencies in the study intersections based on operational analysis and field visit.
Accident Experience:CONSULTANT will also obtain collision records in the study area for
the most recent three years available using the Statewide Integrated Traffic Records
System (SWITRS)and document the trends.
Page 28 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
c. Travel Forecasting
Preliminary Forecasts for Design Constraints: Prior to the model being fully prepared for
the detailed traffic analysis, CONSULTANT will run the model and provide preliminary
forecasts with the available demand model to identify design constraints early on (under
Task B)in order to help guide the preliminary design and minimize impacts.
Development of Future Traffic Volumes: CONSULTANT proposes to use the latest
version of the Alameda CTC Countywide travel demand model with a base year of 2015
and a long range future horizon of 2040 and utilizing the latest ABAG land use
Projections (Plan Bay Area). For consistency, CONSULTANT plans to use a version that
BART recently developed for the 1-580 BART Extension to Isabel Avenue DEIR; this will
provide a reasonable model validation in the study area, and conform to any network
and zone enhancements by the BART team.
Based on information gathered, CONSULTANT will verify that the model adequately
represents the general plans and approved/pending development projects particularly
within the study corridor by reviewing all relevant background reports. CONSULTANT
will work with CITY to determine appropriate local access to the new extension using
resources like the Dublin General Plan and Fallon Village EIR, together with other more
recent studies.
The model will be used to develop existing,2025 and Cumulative (2040) traffic volumes
and conditions on the roadway segments for no-project and plus-project scenarios. The
model will be reviewed to ensure it includes all the PDA's and matches the general plans
within the study area. CONSULTANT will review the traffic analysis zones (TAZ's) in the
study corridor to ensure they are small enough to provide reasonable traffic volumes at
local crossings to the new extension. If necessary, CONSULTANT will split TAZs in the
corridor to improve traffic loading at all cross streets.
The 2040 Cumulative no-project forecasting will need to include assumptions for the
BART to Livermore Extension (BLVX) in the model. Since the BLVX EIR is currently in
process, the team will coordinate with the BLVX team prior to finalizing the forecasting
assumptions. At a minimum, the team may opt to include the most conservative
assumptions for a BART extension, most likely an Express Bus alternative; this
determination will be assessed by the CONSULTANT and closely-coordinated with the
CITY prior to proceeding with forecasting,modeling, and operational analysis.
The transit network will be current and include all transit plans for LAVTA Wheels
service. The forecasts will account for transit and highway assumptions included in the
MTC RTP and Countywide Transportation Plan, including BART extensions and 1-580
Express Lanes.
Page 29 of 34
BKF#:20167083-10
October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project
CONSULTANT will also make incremental adjustments to the raw model forecasts to
minimize model error and improve the model prediction compared to counts. The
forecast task will include select link analysis to quantify local vs regional traffic
proportions and include sensitivity runs to ensure the traffic forecasts are reasonable
and not a product of model oscillation due to proximity to the freeway in a congested
corridor.
The validation and forecasts will be submitted electronically for review by the CITY.
CONSULTANT will then implement the model for the following horizon years and
scenarios:
Existing
Existing plus 4-lane project
2025 no-project
2025 plus 4-lane project
2040 no-project
2040 plus 4-lane project
2040 plus 6-lane project
In addition to the modeling, CONSULTANT will use a number of tools to verify the
forecasts,including:
Select link analysis will be conducted to quantify local versus regional traffic
proportions.
Volume difference graphics will identify diversion traffic from 1-580 and other
routes.
Sensitivity runs will be conducted between the no-project and project scenarios to
ensure the forecasts are reasonable and not the result of model assignment
oscillation.
Traffic results will be extracted at up to 14 intersections and key segments for AM, PM
and ADT time periods, and adjusted based on existing counts to minimize model error.
The final adjusted forecasts will be used in the traffic operations analysis to conduct
level of service and identify impacts and feasible mitigations. VMT and other measures
will also be extracted to quantify the performance of the project, to satisfy recent
legislation for SB 743, and provide inputs into the CEQA document and Air, Noise and
GHG analysis. Induced demand will be accounted for using the Alameda CTC model by
varying the trip distribution assumptions between the no-project and project forecasts.
This will capture any induced demand from Livermore/County or from the San Joaquin
valley as a result of the project. However,the team has agreed to maintain the land use
assumptions constant between the no-project and project scenarios. VMT outputs will
be consistent with the II,IX,XI,XX format per SB 743 and GHG analysis requirements and
will include outputs for all scenarios for 2015, 2020,2040.
d. Traffic Operations Analysis
Page 30 of 34
BKF#:20167083-10
RESOLUTION NO. _____ - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AMENDING BKF ENGINEERS CONSULTING SERVICES AGREEMENT FOR ADDITIONAL
ENVIRONMENTAL WORK ON EXTENSION OF DUBLIN BOULEVARD TO NORTH
CANYONS PARKWAY PROJECT, AND APPROVING A PROJECT FUNDING AGREEMENT
WITH THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR THE ADDITIONAL
ENVIRONMENTAL WORK
WHEREAS, on November 1, 2016, the City Council adopted Resolution 161-16
approving a Consulting Services Agreement with BKF Engineers (CONSULTANT) for
conducting preliminary engineering and preparing an Environmental Impact Report for the
extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore (PROJECT);
and
WHEREAS, PROJECT is proceeding satisfactorily as per the PROJECT schedule; and
WHEREAS, it has been determined that in order to make the PROJECT viable for
Federal funding, additional environmental work will be needed under the National Environmental
Protection Act (NEPA); and
WHEREAS, conducting the NEPA related work concurrent with the presently on-going
work conducted by CONSULTANT would be most cost effective; and
WHEREAS, CONSULTANT has the capability to conduct the NEPA related work on the
PROJECT; and
WHEREAS, the City of Dublin and the CONSULTANT desires to amend existing
Consulting Services Agreement to provide additional services to conduct NEPA related
environmental work for the PROJECT and extend the term of the Agreement to conclude such
work; and
WHEREAS, due to the additional work needed, the CITY desires to increase
CONSULTANT compensation from $615,000 to a not-to-exceed amount of $901,485; and
WHEREAS, the Alameda County Transportation Commission has allocated to the City of
Dublin $500,000 through the Measure BB discretionary fund s for additional NEPA and any other
environmental work on the PROJECT.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the first Amendment to the Consulting Services Agreement with CONSULTANT
attached hereto as Exhibit A;
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby
authorizes the City Manager to execute the first Amendment to the Consulting Services
Agreement with CONSULTANT;
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves
the Project Funding Agreement attached hereto as Exhibit B and authorizes the City Manager to
execute the Agreement and any associated documents with the Alameda County Transportation
Commission for the PROJECT.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
EXHIBIT A
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND BKF ENGINEERS
WHEREAS, on November 1, 2016, the City of Dublin (hereinafter referred
to as "CITY") and BKF Engineers (hereinafter referred to as "CONSULTANT") entered
into a Consulting Services Agreement for preliminary engineering and environmental
work on Dublin Boulevard extension to North Canyons Parkway in Livermore Project
(hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the work on the Project is proceeding satisfactorily as per the
schedule; and
WHEREAS, the term of said AGREEMENT is expiring on June 30, 2018;
and
WHEREAS, CITY and CONSULTANT now desire to extend the terms of
the AGREEMENT an additional 12 months until June 30, 2019; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to add the preparation and certification of an appropriate environmental
document under the National Environmental Protection Act regulations ; and
WHEREAS, the compensation schedule of the CONSULTANT has been
updated to reflect 2017 compensation rates; and
WHEREAS, due to the additional work needed, the CITY desires to
increase CONSULTANT compensation from $615,000 to a not-to-exceed amount of
$901,485.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Extension of Term: The AGREEMENT is amended to extend the termination date
to June 30, 2019.
2) Revised Exhibit A: Exhibit A (Scope of Services) of the AGREEMENT is
amended per the attached.
3) Revised Exhibit B: Exhibit B (Compensation Schedule, and consultant hourly rate
sheets) of the AGREEMENT is amended per the attac hed. Fees for work
performed by Consultant on an hourly basis shall not exceed the amounts shown
on the fee schedule set forth on the compensation schedule attached as Exhibit
B through December 31, 2017. Starting January 1, 2018 hourly fee rates may be
no more than 4% adjusted annually. The first adjustment to the hourly fee rate
shall be January 1, 2018. This hourly fee rate adjustment will not change the not -
to-exceed amount of $901,485.
EXHIBIT A
EXHIBIT A
EXHIBIT A
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 1 of 14
SCOPE OF SERVICES – AMENDMENT FOR NEPA CLEARANCE
This scope of services, and the attached Summary of Scope and Hours, amends the current and ongoing
professional Civil, Environmental and Traffic Services provided by BKF Engineers (BKF), Circlepoint (CP),
and Kittelson Associates Inc (KAI) to provide National Environmental Policy Act (NEPA) environmental
clearance for the Dublin Boulevard-North Canyons Parkway Extension (Project).
The scope of services is specifically to provide the City of Dublin, in concert with the City of Livermore,
Alameda County, and Alameda County Transportation Commission (ACTC), with supplemental NEPA
environmental clearance for the Project, in conjunction with the ongoing California Environmental
Quality Act (CEQA) environmental clearance and preliminary engineering services, as specified in the
Consulting Services Agreement (CSA) Between the City of Dublin and BKF Engineers (November 1, 2016
Effective Date).
The California Department of Transportation (Caltrans), as assigned by FHWA, will be the lead oversight
agency for NEPA compliance for the Project. As a local agency Project pursuing and making itself eligible
for federal funding improvements “off” the State Highway System (SHS), Caltrans District 4, Office of
Local Assistance, will be responsible for approving the environmental documentation for NEPA
compliance. The NEPA process will adhere to Chapter 6, Environmental Procedures of the Local
Assistance Procedures Manual (LAPM).
For the purposes of this scope of services and coordination, the City of Dublin in concert with the City of
Livermore, County of Alameda, and Alameda CTC, is herein referred to as CITY. For the purpose of
clarity and to show the relationship of the supplemental NEPA components as part of the CEQA process,
this scope of services has been broken down using the same format/task designation as the CSA.
A. TASK A: PROJECT COORDINATION
A.1 Stakeholder Coordination/Project Management –
As part of Project Management, BKF will coordinate and provide team leadership and general project
management services during the NEPA environmental clearance process. Management activities will
consist of project management, administration, invoicing/progress reports, coordination, attending
meetings (agenda, meeting minutes, and action logs), submittal logs, coordinating
comments/responses, and quality control.
BKF/CP, with input from the Department of Transportation (Caltrans), will establish a Project
Development Team (PDT) for this project. The purpose of the PDT meetings is to provide a forum to
share project information, identify critical issues, make decisions, assign project tasks, identify design
criteria, or other items critical to project delivery.
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 2 of 14
Meeting will be scheduled to coordinate with the PDT or conduct focus meeting or joint resolution team
(JRT) discussions on comments/responses. The frequency and type of meetings is flexible based on the
assumed number of meeting and will can be adjusted on an as-needed basis.
BKF/CP will prepare agendas for each meeting and distribute them to the PD prior to each meeting.
BKF/CP will facilitate the meetings as applicable and prepare meeting minutes with action items. As
part of this task, BKF/CP will hold a project kick off meeting following the Notice to Proceed and will
attend the Caltrans field review meeting as part of the PES. For a breakdown of scoped meetings, see
the table to follow.
A.2 Meetings/Coordination with Others – Not Used (It is assumed that the scope and type of
meetings established under Task A.2 of the CSA will satisfy NEPA requirements related to coordination
with others).
A.3 CEQA EIR Meetings – Not Used (It is assumed that the scope and type of meetings established
under Task A.3 under the CSA will satisfy any NEPA requirements related to Public Scoping, Public (Open
House), Public Meetings/Hearings During the EIR Public Review Period, and Public Hearings/Planning
Commission/City Council Meetings.)
Scoped Meetings:
TASK A Deliverables:
Meeting agendas, sign-in sheets, minutes, action log, schedule, and other standard meeting
material, as appropriate
TASK A Assumptions:
Separate or additional Public Scoping, Public (Open House), Public Meetings/Hearings during the
EIR Public Review Period, and Public Hearings/Planning Commission/City Council Meetings are
not anticipated to be required as part of the Caltrans NEPA approval process; however,
depending on the controversial nature of the project, additional meetings may be needed in
accordance with the Caltrans Standard -Environmental Reference (SER) Guidelines.
See Task: Description CP BKF KAI
NEPA Meetings - Caltrans
A.1 CT Kick-Off Meeting 1 1 1
A.1 CT PES (Field Review) Meeting 1 1
A.1 CT PDT/Focus/Comment JRT Meetings 10 6 1
Total 12 8 2
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 3 of 14
B. TASK B: PRELIMINARY R/W ANALYSIS & BASE MAPPING - Not Used
C. TASK C: PRELIMINARY DESIGN & COST ESTIMATE
As referenced in FHWA’s Environmental Review Toolkit for NEPA and Project Development, “all
reasonable alternatives, or the reasonable range of alternatives, should be considered and discussed at
a comparable level of detail to avoid any indication of a bias towards a particular alternative(s).” The
CSA for CEQA/preliminary engineering includes several alternatives related to traffic analysis, including
no-build, 4-lane, and 6 lane configurations. Similarly – the geometric design alternative development in
Task C includes exploring several alternatives related to cross section, alignment variations, and profiles.
However, the purpose and need of this project is the extension/connection of Dublin Boulevard and
North Canyons Parkway between Fallon Road and Doolan Road, which is limited to an alignment that
can vary, but connects/conforms at these current intersections termini locations.
As part of the NEPA environmental clearance, BKF has set aside budget to explore the identification,
consideration, and analysis of alternatives, including exploring and objectively evaluating reasonable
alternatives and for alternatives which are (or were) eliminated. Alternatives discussed will include the
CEQA alternatives studied in the traffic report, iterations developed, as well as reasonable alternative
not within the jurisdiction of the lead agency and no build/no action
TASK C Deliverables:
Documentation and narratives of the evaluation of reasonable alternatives in support of the
NEPA environmental clearance.
TASK C Assumptions:
Geometric design development, environmental clearance, and/or traffic operational analysis of
new geometric alignment alternatives that connect to locations other than the project termini
at Dublin Blvd/Fallon Rd and North Canyons Parkway/Doolan are excluded.
D. TASK D: PREPARE NEPA ANALYSIS
Preliminary Environmental Study (PES)
CP will complete Caltrans’ PES, which consists of two parts: 1) a four-step preliminary environmental
investigation, and 2) completion of the PES form. The preliminary environmental investigation includes
the following tasks:
1. The development of a complete project description which addresses independent utility and
logical termini, existing and proposed cross sections, and project map;
2. A review of relevant literature, maps and inventories;
3. A request for technical information from resource and regulatory agencies; and
4. Verification of research findings in the field (site visit), and field review with Caltrans staff.
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 4 of 14
CP will complete the preliminary environmental investigation steps outlined above. Completion of the
PES environmental process is intended to provide Caltrans with the information needed to determine
the level of environmental documentation needed for NEPA compliance. All actions will be conducted
in accordance with Caltrans’ local assistance procedure manual (LAPM), Chapter 6.
An electronic administrative draft of the PES form prepared by CP will be submitted for review and
approval by the project team and CITY, prior to submitting to Caltrans. CP will revise the administrative
draft document based one consolidated set of comments received from the project team and/or the
CITY. CP will prepare the final PES (up to 15 printed copies) for the Caltrans field review meeting.
Technical Studies & Environmental Document
All deliverables completed under this task will conform to the SER and/or applicable federal, State, or
local guidelines and regulations. Assumptions on the level of documentation required are included,
where applicable. For the purposes of this scope of work, an Environmental Assessment (EA) leading to
a Finding of No Significant Impact (FONSI) is assumed.
Technical Studies
The environmental technical studies discussed below will support the environmental document for the
Project. As noted above, the studies will be prepared in accordance with the guidance from Caltrans
(including the SER) and input from relevant resource agencies and local jurisdictions.
Per Caltrans guidelines, the technical studies must be completed and approved by Caltrans staff prior to
the commencement of the environmental document. An administrative draft of each technical study
will be submitted to Caltrans for review. It is assumed that a comment/resolution matrix will accompany
comments from Caltrans, so that a record of requested revisions is available for each technical study.
The project team will revise the technical study per Caltrans comments and complete the matrix
indicating how comments have been addressed. Individual meetings with Caltrans reviewers will be held
to address unresolved comments followed by the preparation of a final version of the technical study.
Four (4) standalone reports (technical studies) are currently being prepared for the Project as part of the
CSA. The budget for this scope of work assumes that the technical studies for the NEPA component will
build upon those scoped studies. The following additional services will be required to complete each
technical report to Caltrans standards listed below.
1. Biological Resources Report:
Natural Environmental Study (NES)
HT Harvey & Associates (HTH) will use the data collected for the EIR under the CSA
as the basis for preparing an NES per Caltrans guidelines. This NES will include a
description of the project, the biological resources present within the project area,
potential impacts on those resources, and mitigation measures for such impacts, as
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 5 of 14
appropriate. The budget for this task assumes that much of the information in the
Biological Resources Report (currently being prepared for the EIR) can be used as
the basis for the NES analysis, and that this report, including impacts, would be
completed prior to the NES being drafted for optimal efficiency.
Biological Assessment
HTH will prepare a draft biological assessment (BA) document. The document will be
drafted according to U.S. Fish and Wildlife Service (USFWS) guidelines if the U.S.
Army Corps of Engineers (USACE) will serve as Section 7 lead, or according to
Caltrans format guidelines if Caltrans will serve as the Section 7 lead. In either case,
the information presented will be the same, and the purpose of the document will
be conducting the Section 7 Consultation with the USFWS. The draft BA will be
submitted to CP for review. It is anticipated that the revisions to the draft BA will be
relatively minor. If significant revisions are required then additional budget would
be required. This task also includes time to respond to one set of comments from
Caltrans.
It is assumed that FESA Section 7 consultation will be conducted by the USACE or
Caltrans. However, during the consultation process, it is usual for the USACE or
Caltrans to need supporting documentation from the local agency. HTH has
assumed a moderate to high level of effort and coordination will be required to
address comments on biological resources issues. If the volume of comments is
higher than anticipated (i.e., exceeding the number of hours budgeted for this task),
a budget augmentation may be required.
Additional Biological Resources Report
Prior to a scoping discussion with Caltrans, it is unknown at this time whether the
following three additional service components may be required by Caltrans to
supplement the Biological Resources Reports. Potentially complicating things are
items discussed and mentioned at our prior Resource Agency Meetings, which
suggest certain aspects, such as jurisdictional delineation, protocol-level rare plant
surveys, and incidental take permit (ITP), may be needed regardless of NEPA
clearance. Based on these unknowns and to manage the risk, we have included the
following 3 tasks/services/reports into our scope and fee:
1. Incidental Take Permit
HTH will prepare a California Endangered Species Act (CESA) Section 2081
incidental take permit (ITP) application requesting take approval for the
California tiger salamander at the project site. The ITP application will include a
description of the project; background information regarding the California tiger
salamander and its potential occurrence and distribution on the project site; an
analysis of project impacts on this species; and proposed avoidance,
minimization, and compensatory mitigation measures.
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 6 of 14
This task includes some time for HTH senior staff to coordinate with the CDFW
following submittal of the 2081 application, and to coordinate with the project
team and others as necessary regarding potential mitigation requirements.
Because the amount of coordination necessary to identify suitable mitigation
and obtain an ITP from the CDFW cannot be known at this time, additional
budget may be necessary if the required effort exceeds the hours listed in this
task in the attached budget spreadsheet. HTH has assumed that the only state-
listed species for which incidental take approval will be needed is the California
tiger salamander, although the potential for the San Joaquin kit fox to be
impacted by the Project will also be addressed.
During the ITP process it is usual for coordination to be required between the
applicant team and CDFW. HTH has assumed a moderate to high level of effort
will be required to address comments on biological resources issues and
determine mutually agreeable mitigation. If the volume of comments or degree
of coordination is higher than anticipated (i.e., exceeding the number of hours
budgeted for this task), a budget augmentation may be required.
2. Jurisdictional Delineation Report
HTH will conduct detailed field surveys for, and prepare a technical report
summarizing the methods and results of the field survey of regulated habitats.
This report will be prepared to report specifications developed by the USACE
and thus will be of sufficient detail for agency review and a jurisdictional
determination (in the case of the USACE). It will include a brief description of
existing conditions, description of field techniques employed in the delineation,
wetland data sheets, and copies of aerial photographs and maps that show the
extent of regulated habitats on the Project site. This report is an important
permit support document that is submitted to all applicable agencies as part of
the permit application materials.
Following the submittal of the wetland delineation report to the USACE, HTH
will meet with staff of the USACE on the project site to verify the delineation of
jurisdictional waters. Revisions will be made to the technical report and
accompanying maps, if necessary, after the site visit with USACE
representatives.
HTH has assumed additional time to coordinate with the USACE regarding
biological conditions (existing and proposed), as necessary.
3. Protocol-Level Rare Plant Surveys
Depending upon the results of the database review and site surveys for the
project, protocol-level surveys for special-status plants may be necessary. CP
anticipates a total of two to three site visits would be necessary to effectively
bracket the blooming periods of any species determined to potential occur on
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 7 of 14
the Project site. If any special-status plants are located on the site, the number
of individuals found will be counted and the location surveyed via GPS. At the
conclusion of the field surveys, the results will be presented in a brief report
summarizing the survey methods and our observations.
2. Cultural Resources Assessment Report:
Area of Potential Effects Map
WSA will prepare both a horizontal and vertical Area of Potential Effects (APE) map
for the project that will be presented on a scaled map of the area, with individual
structures shown within the area of the APE. The APE maps must be approved and
signed by Caltrans as the Lead Agency prior to conducting any further cultural
resource studies. WSA will coordinate with the Caltrans District 4 to develop and
obtain approval of the requisite APE maps of the project area. For purposes of this
scope of work, WSA assumes that no historic (over 45 years of age) architectural
structures will be present in the horizontal APE. Caltrans typically requires
geomorphological analysis in the form of a geoarchaeological soils sensitivity map.
WSA will also prepare this map for inclusion in the ASR, as discussed below.
Records/Literature Search
As part of the EIR efforts, WSA has received the results of a records search
conducted for the project, using a ¼-mile radius surrounding the proposed project
alignment. Caltrans requires a radius of one mile as the records search buffer. To
meet this requirement, WSA will request the California Historical Resources
Information System, Northwest Information Center at Sonoma State University to
conduct a record search of the additional ¾-mile radius surrounding the horizontal
APE. All previous cultural resource surveys, known historic or prehistoric sites, and
listed or eligible National Register of Historic Places properties within the expanded
records search area will be identified. Copies of applicable site records and survey
reports will be made as necessary, and site locations will be plotted on USGS quad
sheets. State and local historic site inventories will also be reviewed to identify the
presence of any listed sites within the records search area. WSA will contact the
Alameda County Assessor’s office and the Alameda County Historical Society for
background pertinent to the historic development of the area.
Archaeological Survey
As part of the EIR process, and in accordance with CEQA Sections 15064.5 and
15126.4 and the requirements of Section 106, as a means of evaluating the
potential impacts to cultural resources, unless recently surveyed by qualified
archaeologists (as evidenced by a competent report on file at the NWIC), a WSA
archaeologist meeting federal criteria under 36 CFR 61 will conduct a pedestrian
archaeological survey of the project area. This is intended to be an intensive survey
of the project area conducted to meet the requirements of CEQA and Section 106.
The pedestrian survey conducted as part of the EIR will be used to evaluate
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 8 of 14
potential project impacts to cultural resources for the NEPA document. For
purposes of this proposal, it is assumed that there are no architectural resources
over 45 years of age within the project area that will require documentation and
assessment, and that no previously recorded or newly discovered archaeological
resources will be identified either in the expanded records search or during the
survey. In compliance with requirements of Section 106, WSA will conduct periodic
shovel test probes along each survey transect to determine if there is any evidence
of subsurface deposits that is not readily apparent on the surface.
Report Preparation
As required under Caltrans guidelines; a Historic Property Survey Report (HPSR), an
Archaeological Survey Report (ASR), and all pertinent supporting documents will be
prepared describing the results of the records search and will include an
environmental, cultural and historical context section; the results of NAHC
consultation and the archaeological survey, and recommendations. For purposes of
this scope and cost, WSA assumes no architectural or built resources 45 years of age
or older will be identified within the APE and that preparation of a Historic
Resources Evaluation Report (HRER) will not be necessary. If preparation of the
HRER is required, it will be prepared under a contract amendment.
Upon acceptance of the final reports by Caltrans, one copy of each will be sent to
the NWIC, as required.
3. Air Quality/Greenhouse Gas Report/Energy:
Illingworth & Rodkin will use the data collected for the stand-alone air quality report
for the EIR as the basis for preparing an Air Quality Technical Report per Caltrans
guidelines. The Air Quality Technical Report will include a section on mobile source
air toxics (MSAT) and greenhouse gases (GHG). Illingworth & Rodkin will also
prepare the Air Quality Conformity Checklist that addresses ozone precursor,
Particulate Matter (PM) 2.5 and CO impacts per Caltrans guidance.
4. Noise Study Report:
Illingworth & Rodkin will use the data collected for the stand-alone noise report for
the EIR as the basis for preparing a Noise Study Report (NSR) per Caltrans guidelines.
The NSR will include a description of the project, the fundamentals of traffic noise, a
summary of the applicable regulations and policies, study methods and procedures,
a summary of the existing noise environment, a summary of the future predicated
noise environment, impacts, and considered abatement, and a discussion on
construction noise
In addition to the reports described above, the following additional technical studies
listed below may need to be completed.
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 9 of 14
5. Visual Resources:
CP will use the Caltrans’ Visual Impact Assessment Guide to determine what level of
visual impact analysis will be required for roadway extension improvements and will
prepare a Visual Resources Technical Memorandum to evaluate the aesthetic
compatibility of the proposed project with the surrounding area. Given that scale of
the roadway, the improvements are likely to score a “noticeable visual change” to
the physical character of the area, an abbreviated Visual Impact Assessment (VIA) is
likely the appropriate level of reporting. The assessment would briefly describe the
project features, impacts and any avoidance and minimization measures. Visual
simulations would be optional.
6. Community Impact Report:
CP will prepare a community impact report (CIA) that documents any necessary
right-of-way acquisitions, temporary easements, and/or utility relocations that
would be required as part of the project, as well as growth. The CIA will document
how the project is not physically dividing a community or having disproportionate
impacts on environmental justice communities. CP will work closely with BKF to
determine if any potential displacements would be required as part of the project.
If displacements were to occur, the CIA would analyze impacts related to relocation
and displacement, in coordination with Caltrans. The analysis would include a
discussion of the characteristics of the existing housing stock and business
establishments in the affected area.
7. Section 4(f) No Effect Memorandum:
CP will prepare a No Effects Memorandum to document any resources protected
under Section 4(f) in the vicinity of the project. CP assumes this to be a simple
Section 4(f) No Effect memo as no “use” of a Section 4(f) resource is anticipated.
8. Environmental Commitment Record:
CP will prepare the Caltrans Environmental Commitment Record (ECR) form that
documents all standard avoidance measures that would be implemented as part of
the project (i.e., restrictions on construction period noise, etc.). The ECR serves as a
tool for tracking environmental commitments that need to be incorporated into the
construction bid package for the project.
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 10 of 14
In addition to the previous 5 technical studies described above, the additional technical studies may
need to be completed.
9. Preliminary Hydraulics Analysis Memorandum:
A preliminary hydraulic analysis memorandum will be prepared by BKF, which
covers the project’s preliminary drainage and hydraulic components including
floodplain, location hydraulic study (as needed). A separate hydraulic/
hydromodification impact study is not anticipated to be required as part of the
NEPA, and is excluded.
10. Water Quality Memorandum:
A water quality memo will be prepared by BKF, evaluating construction and
operational related water quality and hydrology impacts. The memo will be based
on the preliminary hydraulics analysis memorandum, and will primarily evaluate and
focus on construction related impacts to water quality and prescribe BMPs to make
construction impacts less than significant.
11. Geotechnical Memorandum:
In support of the NEPA, Geocon will perform a feasibility-level review to evaluate
the background geologic setting along the proposed roadway extension and identify
geotechnical constraints that may impact the project. The study will include a site
reconnaissance, document review and preparation of formal letter/memorandum
report. The scope includes:
Review relevant project information provided by BKF, the City of Dublin, the City
of Livermore or Alameda County
Review geotechnical and geologic reports, aerial photographs (including
stereoscopic pairs, if readily-available through local vendors), and other data in
our files.
Perform a site reconnaissance to observe surface conditions along the
alignment with particular attention paid to the apparent stability of existing
slopes and creek banks.
Prepare a formal letter/memorandum report with preliminary opinions on the
geotechnical feasibility of the project, potential geotechnical constraints and
geologic hazards to the project, and recommendations for the scope of design-
level geotechnical studies and/or geologic hazard evaluations.
Existing information will be reviewed, and although no field exploration work is
proposed for this phase, a site review and data research will be conducted. The
geotechnical memorandum will define the general site soil, rock, and groundwater
conditions, implications/issues pertaining to project planning and design, and
provide preliminary design criteria and recommendation for necessary
investigations for design.
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 11 of 14
12. Hazardous Waste Technical Memorandum/Initial Site Assessment (ISA) Phase I:
The purpose of the Hazardous Waste Technical Memorandum or ISA Phase I will be
to provide a general evaluation of soil or groundwater contamination conditions
along the Project route that could potentially impact the Project, as well as to
evaluate the potential impacts associated with the project itself. The work is
designed to identify the presence of known contaminated sites in the Project
vicinity listed on the State Water Resource Control Board (SWRCB) GeoTracker
website or other regulatory agency databases. Investigation do not include any soil,
groundwater, or other hazardous materials sampling and analysis. The Hazardous
Waste Technical Memo/ISA Phase I would also identify additional investigations
recommended to be performed during the final design phase.
13. Traffic Operations - See Task E Below
Environmental Documentation
The EA will be prepared, circulated, and finalized in combination with the CEQA EIR currently
being prepared for the CITY as part of the CSA.
Summaries of the technical reports and other analyses will form the basis for the environmental
document. The format and content of the EIR/EA will be in accordance with Caltrans SER and
Environmental Handbook, and FHWA Technical Advisory T6640.8A and follow the
Caltrans/FHWA annotated outline for joint EIR/EA documents. The team also will use Caltrans
and FHWA QA/QC checklists to ensure the EIR/EA is complete and consistent with all state and
federal requirements. The City will review the administrative draft EIR/EA before it is provided
to Caltrans for review. Administrative versions will be provided to Caltrans for review after the
City completes its review and authorizes release to Caltrans.
EIR/EA for Public Review: Following reviews by Caltrans, a screencheck version will be prepared
for approval by the City and Caltrans to circulate.
Comments and Final EIR/EA: Upon completion of the public review period, CP will collect all
comment letters received and prepare responses to each substantive comment. If necessary,
revisions to the text of the EIR/EA will be made in response to the comments received.
Additions and other modifications to the text shall be marked with a vertical line on the outside
margin for review purposes.
The final Mitigation Monitoring Plan and Permits, Approvals and Mitigation (PAM) form will be
included in the final EIR/EA.
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 12 of 14
Task D Deliverables:
Draft and Final PES Form (PDF and 3 hard copies)
Draft and Final Technical Studies (PDF and 3 hard copies)
Two Draft Administrative Environmental Documents for Caltrans Review and Comment
Draft Environmental Document for Public/Agency Review Public Hearing
Two Draft Administrative Final Environmental Documents for Caltrans review and comment
Final Environmental Document
Task D Assumptions:
In formulating our cost estimate, we assumed the following:
Except as noted above, no focused or protocol-level surveys are included in the proposed scope
of work.
A separate tree survey is not included in this proposed scope of work, however, the trees on the
site will be surveyed and evaluated for the purposes of CEQA analysis in the EIR as part of the
CSA.
Mitigation measures to be described in the technical reports and environmental document will
be of sufficient detail for NEPA review purposes. However, preparation of detailed habitat
mitigation plans, should such plans be necessary in the future, and identification of specific
mitigation sites (e.g., for impacts to special-status species’ habitat) is not included within the
currently proposed scope.
No permitting or resource agency coordination is included in this scope of work.
This scope of work does not include conditions of agency permits and approvals, including the
biological opinion and ITP that result in survey or monitoring needs.
It is assumed Caltrans will provide copies of cultural reports to SHPO.
Responding to two rounds of comments from Caltrans staff is assumed; excessive coordination
and multiple rounds of comments will be considered additional work; however, a contingency
budget has been added to the attached Summary of Scope and Hours to cover the possibility of
costs of additional reviews and other unforeseen circumstances.
The scope of work builds upon the EIR currently being prepared for the CITY as part of the CSA.
Geometric design development, environmental clearance, and/or traffic operational analysis of
new geometric alignment alternatives that connect to locations other than the project termini
at Dublin Blvd/Fallon Rd and North Canyons Parkway/Doolan are excluded.
A separate Relocation Impact Report is excluded from this scope of services.
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 13 of 14
TASK E: TRAFFIC STUDY
Since the Project is not on the SHS, a Caltrans-format Transportation Operations Analysis Report (TOAR)
is not anticipated or required as part of the NEPA clearance. The current scoped CEQA EIR Traffic Study
is assumed to satisfy NEPA traffic analysis requirements in its current format and scope, including
providing comparable operational analysis/details for all project alternatives, which includes the
following horizon years and scenarios:
Existing
Existing plus 4-lane project
2025 no-project
2025 plus 4-lane project
2040 no-project
2040 plus 4-lane project
2040 plus 6-lane project
However, in case minor alternations, adjustments, or traffic operational services are needed, a small
budget has been identified for KAI to participate in 2 meetings, provide consultation, and supplement
the CEQA EIR Traffic Study to address formatting and minor traffic operational discussions to comply
with NEPA
Task E Deliverables:
None
Task E Assumptions:
Geometric design development, environmental clearance, and/or traffic operational analysis of
new geometric alignment alternatives that connect to locations other than the project termini
at Dublin Blvd/Fallon Rd and North Canyons Parkway/Doolan are excluded.
A separate TOAR will not be required. The Traffic Study, as scoped in the CSA, will satisfy
Caltrans and NEPA Traffic Operational requirements
Contingency Budget:
Unforeseen circumstances can arise throughout the environmental and design process that require
additional services. These circumstances include changes to the project description, new information
discovered during scoping or background literature search, extensive public input, and delays in the
project schedule. Additionally, Caltrans may request additional services for NEPA clearance or require
additional rounds of technical report review. Although we strive to maintain budget according to the
originally agreed upon contract and scope, these circumstances can inefficiently consume the project
budget. For these reasons, we are conservatively included a 20% contingency budget to help manage the
unforeseen circumstances. This contingency would not be available for use unless we have written
consent by the City. Establishing a contingency budget upfront in the process allows for minimal
disruptions to the schedule if the need were to arise.
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 14 of 14
Schedule:
Overall, BKF/CP believe the process to complete the supplemental NEPA environmental clearance will
have some impacts to the original CEQA Milestone Schedule under the CSA. Generally speaking, it is
anticipated that the process will add time to supplement the stand-alone and new NEPA technical
studies/reports. The schedule is related to the process for which allows publishing the DEIR/EA; all NEPA
technical studies/reports must be approved/signed by Caltrans before proceeding, and m ay involve some
iterations prior to approval. Additionally - the schedule can be affected by Caltrans scope requirements
which will be determined early-on during the kick-off meeting and PES Field Review process; some of the
optional services may be called-upon. However, in consideration of some additional time during the DED
phase and some iterations prior to the publishing of the DEIR/EA, the remainder of the
tasks/schedule/durations presented in the CSA are approximately the same, and therefore result in a
projected environmental clearance in Fall 2018 (instead of late Spring 2018).
Milestone Schedule:
Tasks/Milestones NEPA
CT Kick-Off Meeting 9/2017
PES Approval 11/2017
Submittal – Pre-Existing/Stand Alone (Supplemented) Technical Studies/Reports 11/2017
Submittal - NEPA Technical Studies/Reports 12/2017 to 1/2018
Approval – All NEPA Technical Reports 2/2018 to 3/2018
NEPA Administrative EA 3/2018
Public Review (45-day review) 7/2018
Admin FEIR/EA 9/2018
FEIR/EA Circulation 10/2018
Proposed Project Budget Scope/Fee Summary:
BKF proposes to provide the services described above on a total not to exceed (NTE) fee basis of
$286,485. BKF will invoice our services as summarized in the attached NEPA AMENDMENT - Preliminary
Engineering Study for Dublin Boulevard-North Canyons Parkway Extension - Project Budget Scope/Fee
Summary.
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit A (Scope of Services)
Page 15 of 14
EXHIBIT B
August 18, 2017
Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit B (Compensation Schedule)
Page 1 of 7
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit B
Page 2 of 7
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit B
Page 3 of 7
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit B
Page 4 of 7
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit B
Page 5 of 7
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit B
Page 6 of 7
August 18, 2017 Dublin Blvd-North Canyons Pkwy Extension Project
NEPA Environmental Clearance
Amendment No. 1
Exhibit B
Page 7 of 7
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
PROJECT FUNDING AGREEMENT
between
ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the
CITY OF DUBLIN
for the
DUBLIN BOULEVARD — NORTH CANYONS PARKWAY EXTENSION
This Project Funding Agreement ( "AGREEMENT "), dated for reference purposes only as of April 27,
2017, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency
( "ALAMEDA CTC "), and the CITY OF DUBLIN, a public agency ( "PROJECT SPONSOR ").
This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as
indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:
Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined
in Recital K below.
❑ 2000 Measure B ❑ Transportation Fund for Clean Air
® 2014 Measure BB ❑ CMA TIP
❑ Vehicle Registration Fee
RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic
and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the
General Election held in November 1986, authorizing the collection of a one -half cent transaction and use
tax over a fifteen (15) -year period to address major transportation needs and congestion in Alameda County
and giving Alameda County Transportation Authority ( "ACTA ") the responsibility for the administration of
the proceeds of the tax along with other funds. The proceeds from the 1986 Measure B tax will be used to
pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan ( "1986 TEP "),
as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, a number of capital
projects funded wholly or in part by 1986 Measure B funds will not be completed until 2018 or later.
B. The voters of Alameda County, pursuant to the provisions of the Local Transportation
Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization
of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one -half
cent transaction and use tax that will be collected for twenty (20) years beginning April 1, 2002 and giving
Alameda County Transportation Improvement Authority ( "ACTIA ") responsibility for the administration of
the proceeds of the tax along with other funds. The proceeds from the 2000 Measure B tax will be used to
pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan ( "2000 TEP "),
as it may be amended.
C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code,
approved Measure F, the Vehicle Registration Fee ( "VRF "), authorizing Alameda County Congestion
Management Agency ( "ACCMA ") to administer the proceeds from a $10 per year vehicle registration fee on
Page 1 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
each annual motor - vehicle registration or renewal of registration in Alameda County, starting in May 2011, six
months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles,
including passenger cars, light -duty trucks, medium -duty trucks, heavy -duty trucks, buses of all sizes,
motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the
VRF.
D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA's
functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and
ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all
responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA
Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of
business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its
predecessors' functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.
E. The voters of Alameda County, pursuant to the provisions of the Local Transportation
Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure
BB at the General Election held on November 4, 2014, authorizing the extension of an existing one -half of
one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the
tax by one -half of one percent, and giving ALAMEDA CTC responsibility for the administration of the
proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the
initial year of collection, which began April 1, 2015, with said tax to terminate/ expire on March 31, 2045. The
proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda
County Transportation Expenditure Plan ( "2014 TEP "), as it may be amended.
F. As the Transportation Fund for Clean Air ( "TFCA ") Program Manager in Alameda County,
ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA
CTC will receive these funds from the Bay Area Air Quality Management District (BAAQMD "), and will
then reimburse these funds to eligible project sponsors.
G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally
established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA
CTC for use in projects and programs adopted into the CMA Transportation Improvement Program ( "CMA
TIP ") by ALAMEDA CTC.
H. The funding programs administered by ALAMEDA CTC and available for projects and
programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000
Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced
as the "ALAMEDA CTC ADMINISTERED FUNDS" herein.
Direct Local Distribution ( "DLD ") funding distributed pursuant to 2000 Measure B, VRF and 2014
Measure BB is covered by separate agreements between ALAMEDA CTC and DLD recipients.
I. Measure B, Measure BB, VRF, and TFCA funds obligated by this Agreement shall be
programmed, allocated, and expended for the purpose defined and in accordance with the provisions set
forth in the applicable transportation expenditure plans, or the BAAQMD- approved TFCA County Program
Manager Policies.
Page 2 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through
the ALAMEDA CTC Comprehensive Investment Plan ( "CIP ") that is updated periodically to summarize the
programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and
requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.
K. The PROJECT SPONSOR is implementing a project or program ( "PROJECT ") that is eligible
for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are
described in greater detail in Appendix A: Project Control Information.
L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered
funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this
Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.
ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible
costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project
Control Information.
M. The issuance of bonds or another financing mechanism are possible funding options as part
of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual
program based on current schedule and project delivery information.
NOW, THEREFORE, it is agreed by and between the parties as follows:
SECTION I
PROJECT SPONSOR AGREES:
1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this
AGREEMENT and the following appendices attached hereto and incorporated herein by reference.
a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement
c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements
d. Appendix D: Alameda CTC Funding Shift Approval Form
e. Appendix E: Local Business Contract Equity Program
f. Appendix F: Task Deliverables and Due Dates
g. Appendix G: Project Performance Measures
h. Appendix H: Transportation Fund for Clean Air Policies and Requirements
2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required
to implement PROJECT as described in Appendix A: Project Control Information.
3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the
information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes
Page 3 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
aware of such changes. Per Section III.2, any changes that require an amendment to this AGREEMENT must
be approved by ALAMEDA CTC prior to the PROJECT SPONSOR implementing the change.
4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS
as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.
5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under
this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all
funds that are not expended in accordance with all applicable provisions of law.
6. PROJECT SPONSOR shall be responsible for costs in excess of the total of the funding
obligations shown in Appendix A: Project Control Information. Costs in excess of the total of the funding
obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is
amended or the parties execute separate agreement for a subsequent phase of the PROJECT.
7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro -rated basis, funds realized from
the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s)
is completed prior to the last day of the last year listed as the PROJECT'S "Years of Effectiveness" as shown in
either Appendix A: Project Control Information or Appendix H: Transportation Fund for Clean Air Policies
and Requirements. The amount of funds returned to ALAMEDA CTC shall be proportional to the percentage
of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).
8. PROJECT SPONSOR staff costs for any local agency, which receives DLD funding, shall not
be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT.
These costs can be included in the total cost and funding amounts for the purposes of the cost and risk
sharing provisions of this AGREEMENT, but PROJECT SPONSOR staff costs shall not be eligible for
reimbursement by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, unless specifically
identified as eligible in Appendix A: Project Control Information.
9. Fringe benefits for PROJECT SPONSOR staff time shall not exceed a maximum mark -up rate
of 70% of the hourly wage, and shall be based on an audited rate provided by PROJECT SPONSOR. PROJECT
SPONSOR staff costs may include the individual's actual hourly wage rate plus an approved fringe benefit of
no more than 70 % of the hourly wage, and may include direct costs including contracts for services, such as
legal counsel, that are considered an extension of the PROJECT SPONSOR'S staff.
10. Overhead, or "indirect," costs associated with PROJECT SPONSOR staff time are not eligible
for the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in
the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS
share of such total eligible PROJECT costs.
11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or third -
party contractors during any temporary suspension of activities associated with the PROJECT will not be
considered an eligible cost for reimbursement by ALAMEDA CTC.
12. PROJECT SPONSOR shall advertise, award and administer any professional services contract
for PROJECT work not performed by PROJECT SPONSOR.
Page 4of16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of
PROJECT SPONSOR's selection panels for the selection of professional consultants, and furnish copies of the
professional services contracts to ALAMEDA CTC for ALAMEDA CTC's review and approval prior to
approval by the PROJECT SPONSOR on contracts utilizing Measure B and Measure BB funds.
14. All contracts approved by PROJECT SPONSOR funded wholly or in part by funds authorized
by Measure B, Measure BB, and Vehicle Registration Fee administered by ALAMEDA CTC are required to
comply with ALAMEDA CTC's Local Business Contract Equity Program as referenced in Appendix E: Local
Business Contract Equity Program. To the extent that the procurement of a contract is not required to
include the contract goals specified in A -AMEDA CTC's Local Business Contract Equity Program, PROJECT
SPONSOR shall not be relieved from the responsibility of reporting LBE /SLBE / VLSBE participation in the
contract. PROJECT SPONSOR shall provide this data as required with any request for reimbursement
submitted to ALAMEDA CTC.
15. PROJECT SPONSOR shall require that professional services consultants, construction services
contractors, volunteer service individuals involved with the PROJECT, and any other contractors or
subcontractors name ALAMEDA CTC, its governing body, officers, employees and consultants as additional
insured on all appropriate insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall
submit to ALAMEDA CTC current insurance documentation on all appropriate insurance required by
PROJECT SPONSOR for PROJECT. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall
comply with the insurance requirements specified in Appendix H: Transportation Fund for Clean Air Policies
and Requirements.
16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or
semi- annually) progress reports. The required progress reporting frequency schedule and forms are provided
in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are
due by the last day of each calendar month following the established reporting period in which the work was
performed. These reports shall describe the current status of the PROJECT, actions taken, total costs incurred,
reimbursable costs incurred during the previous month; actions expected to be taken during the next month;
an updated schedule with estimated completion date, scope changes, project - related issues, notices of
potential claims, general project issues, contract change orders, performance reporting, reporting of DBE,
LBE, SLBE and VLSBE participation from prime and first tier subconsultants as applicable, and any
additional relevant information requested by ALAMEDA CTC.
17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in
accordance with the minimum required invoicing frequency established for the PROJECT, but not more than
one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT
SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:
Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not
incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice,
PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same
period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR is
requesting reimbursement for costs incurred as a result of a contract or agreement with a third party that
contains a contract amount of $50,000 or greater in value, e.g. a consultant, contractor or other entity,
Page 5 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA
CTC (upon ALAMEDA CTC'S request) prior to ALAMEDA CTC authorizing reimbursement of such costs.
Each Request for Reimbursement shall also include detailed supporting documentation for the total PROJECT
costs with the reimbursable portion of the total costs clearly identified. Supporting documentation for the
Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors
and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an
alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the
PROJECT.
18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log in a format
approved by ALAMEDA CTC upon ALAMEDA CTC's request, if the PROJECT includes the acquisition of right
of way and /or the relocation or protection of utility facilities. PROJECT SPONSOR shall also provide a monthly
update of the right -of -way acquisition plan to ALAMEDA CTC.
19. PROJECT SPONSOR shall keep in one central location all necessary PROJECT records to
demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress
reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other
PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and
Reporting Requirements for a period of not less than five (5) years after ALAMEDA CTC's payment of the
final invoice and the PROJECT SPONSOR'S submittal of the Final Report for ALAMEDA CTC ADMINISTERED
FUNDS under this AGREEMENT.
a. PROJECT SPONSOR and PROJECT SPONSOR's contractors and subcontractors shall each
maintain and make available for inspection and audit all books, documents, papers,
accounting records, and other evidence pertaining to the performance of such contracts,
including, but not limited to, the costs of administering those various contracts.
b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect,
audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA
CTC's payment of the final invoice and the PROJECT SPONSOR'S submittal of the Final
Report. The same access shall also be granted to BAAQMD or its authorized
representatives for TFCA funds obligated by this AGREEMENT.
20. PROJECT SPONSOR shall comply with all of the following publicity requirements under
Section I.20 to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT.
a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the
approved ALAMEDA CTC logo, where practical, on construction informational signs,
vehicles or equipment operated or obtained as part of the PROJECT, and on any publically
distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press
releases), created for or associated with the PROJECT. For TFCA funding obligated through
this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display
the BAAQMD- approved TFCA logo.
Page 6of16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the
PROJECT SPONSOR's website, or create such a website if none exists, and provide a link to
ALAMEDA CTC website.
c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed
publication such as a newsletter, local newspaper, e- publications, or website highlighting the
PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.
For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the
BAAQMD as a funding source.
d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish
such documentation upon request, and regularly through the progress and final reporting
required by this AGREEMENT, through evidence such as photos of construction and vehicle
signage, copies of print, electronic and other media published to satisfy this requirement.
For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that
the BAAQMD was credited as a funding source and the BAAQMD- approved TFCA logos
were displayed.
e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is
reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under
Section I.20 due to extraordinary circumstances.
21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent
required by the California Public Records Act (California Government Code section 6250 et seq.), place in
the public domain any software, written document, or other product developed with ALAMEDA CTC
ADMINISTERIED FUNDS received through this AGREEMENT.
22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public
Awareness Program in partnership with ALAMEDA CTC and /or its community advisory committees as a
means of informing the public of the benefits being derived from the use of ALAMEDA CTC ADMINISTERED
FUNDS.
23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work,
including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the
California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all
applicable state and federal laws and regulations. A list of permitting agencies, required agreements and
coordinating agencies is included in Appendix A: Project Control Information.
24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA
CTC's request, in regard to its receipt, compliance audit findings, and usage of its funds before the ALAMEDA
CTC Commission, Independent Watchdog Committee, and /or community advisory committees, as applicable.
25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a
BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any
TFCA funds for five (5) years from the date of BAAQMD's final audit determination. Existing TFCA funds
already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been
Page 7 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an
uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD
performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT.
SPONSOR shall be afforded a reasonable amount of time to address /cure adverse audit findings.
26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to
ALAMEDA CTC, on a pro -rated basis, TFCA funds received under this Agreement if PROJECT is not
maintained and /or operated throughout and at least until the conclusion of its "Years of Effectiveness" as
shown in Appendix H: Transportation Fund for Clean Air Policies and Requirements.
27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA
Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the
TFCA Final Report Form, included in Appendix H.
SECTION II
ALAMEDA CTC AGREES:
1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC
ADMINISTERED FUNDS obligated by this AGREEMENT.
2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in
resolving issues related to the PROJECT.
3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as
required by this AGREEMENT.
4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures
made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA
CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.
5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an
audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are in compliance
with this agreement or the applicable ALAMEDA CTC ADMINISTERED FUNDS.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
1. That obligations of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT
may be shifted between the phases of the PROJECT covered by this AGREEMENT, or between activities in the
same phase of the PROJECT, provided that PROJECT SPONSOR: (A) obtains ALAMEDA CTC's prior written
approval through completion and submittal to ALAMEDA CTC of the form in Appendix D: Alameda CTC
Funding Shift Approval Form, and (B) provides a revised and updated Appendix A: Project Control
Page 8 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
Information to ALAMEDA CTC which reflects the requested shift of the funding obligations authorized by
this AGREEMENT and demonstrates that the phase or activity from which the funds were shifted remains
fully funded. Alternatively, ALAMEDA CTC ADMINISTERED FUNDS may be shifted through an amendment
to this AGREEMENT executed by the parties, which amendment shall incorporate a revised and updated
Appendix A as described above.
2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an "Administrative
Amendment" for any minor schedule revisions, deliverables, or budget revisions that do not increase the total
ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope
of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT
SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:
Project Control Information which reflects the requested changes by the PROJECT SPONSOR.
3. For the purposes of this AGREEMENT, (i) a "Contract" shall mean and refer to a third party
agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another
public agency, consultant firm, contractor or entity; (ii) "PROJECT SPONSOR Staff" costs include costs related
to staff dedicated directly to management, oversight, or development work on the project and may include
direct costs including contracts for services, such as legal counsel, that are considered an extension of
PROJECT SPONSOR Staff; (iii) "Capital" with respect to any Right -of -Way Capital phase shall mean and refer
to the cost to acquire real property, access rights and other property interests; and (iv) "Agreement Expiration
Date" shall mean and refer to the expiration date of this AGREEMENT.
4. Funds expended for work directly related to the phases of the PROJECT covered by this
AGREEMENT prior to the applicable allowable start date identified in Appendix B: Alameda CTC
Administered Funds Obligated by this Agreement will not be considered for reimbursement pursuant to this
AGREEMENT. In all cases, reimbursable costs will be limited to those costs shown in Appendix A: Project
Control Information, to be funded by ALAMEDA CTC as shown in Appendix B: Alameda CTC Administered
Funds Obligated by this Agreement.
5. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund
availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be
amended, as necessary, to reflect the applicable requirements.
6. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC
ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be
transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.
ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available
for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control
Information, has been committed and /or encumbered to the PROJECT.
7. Should any portion of PROJECT be financed with federal or state funds, all applicable laws,
rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this
AGREEMENT.
8. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current
BAAQMD- approved TFCA County Program Manager Fund Policies included in Appendix H:
Page 9 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the
BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC
will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are
eligible under the applicable BAAQ1NM TFCA Policies.
The laws of the State of California shall govern this AGREEMENT.
10. All correspondence and communications will contain ALAMEDA CTC project number and
name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this
AGREEMENT, all correspondence and communications will also contain the TFCA project number as
identified in Appendix H: Transportation Fund for Clean Air Policies and Requirements.
11. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT
work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall
require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all
appropriate and relevant PROJECT records promptly available for audit and copying.
12. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro-
rated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT
SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A:
Project Control Information. Pro -rated basis, as used herein, equals the amount of ALAMEDA CTC
ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase,
as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes
such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement
period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by
ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for
the dollar amount which equals the product of such total expenditures and such percentage. For TFCA funds
obligated by this AGREEMENT, in the event reimbursement requests are greater than available funds due to
delays in ALAMEDA CTC's receipt of revenue from BAAQMD, available funds will be reimbursed to
PROJECT SPONSOR based on the percentage that the PROJECT cost bears to ALAMEDA CTC's overall TFCA
program revenue total until such time full funding is available.
13. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will
be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this
AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of
Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and
approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails
to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds
from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any
such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required
deliverables, invoicing and reporting is overdue.
14. Request for Reimbursements submitted after the Agreement Expiration Date identified on
Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will not be considered for
reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than
sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.
Page 10 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and
this AGREEMENT.
15. Each Right -of -Way transaction which is funded either wholly or in part with ALAMEDA CTC
ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA
CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to
the real estate which is the subject of the Right -of -Way transaction in question. The parties agree that Section
III.16(a) through Section III.16(f), the provisions of which are intended to provide further detail regarding
the application of such Policies, shall govern the extent to which such repayment is required and the
conditions applicable to any such repayment. If such Policies are amended after the effective date of this
AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment
to this AGREEMENT which incorporates the applicable terms of such revised Policies.
16. For the purposes of the following provisions, "ALAMEDA CTC Share" shall mean the
percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS
(i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall
equal 100 %); any appraisal required under Section III.16(a) and Section III.16(f) only, shall be conducted at
no cost to ALAMEDA CTC; "Fair Market Value" of a given property shall mean the net proceeds from the
sale of such property if such sale occurs in an open market transaction or by auction, or the value of the
property determined by an independent third -party appraisal of the property if some or all of the property is
retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market
transaction; and "CPI" means the Consumer Price Index, All Items for All Urban Consumers, San Francisco-
Oakland, San Jose, CA.
a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS
to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not
begin construction within three (3) years after the effective date of AGREEMENT (as such
deadline may be extended by agreement between the parties hereto), then PROJECT
SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such
three (3) year period, reimburse ALAMEDA CTC for the greater of the following: ALAMEDA
CTC Share of the property's Fair Market Value or the full amount of ALAMEDA CTC
ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI
during the most recent period for which CPI data is available which is equal in length to the
period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT
SPONSOR and the date reimbursement is made to ALAMEDA CTC.
b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS
to finance some or all of the acquisition and only a portion of the acquired property is
required for the PROJECT, and if the PROJECT begins construction within three (3) years
after the effective date of this AGREEMENT (as such deadline may be extended by
agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year
after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair
Market Value of any property determined to be "excess property" after the completion of
the PROJECT and disposal of the "excess property."
Page 11 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
C. If the PROJECT begins construction within three (3) years after the effective date of this
AGREEMENT (as such deadline may be extended by agreement between the parties hereto),
then except as provided in subparagraph (iv) below, no reimbursement is due with respect
to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED
FUNDS if the entirety of the acquired property is required for the PROJECT.
d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income
generated by the property, less reasonable costs for insurance, maintenance and related
items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT
SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to
offset other project costs, and document such revenue separately in project reimbursement
requests.
e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs.
f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA
CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10)
years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years,
PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC
Share of the fair market value of the property, based on the net proceeds from the sale of
the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within
one (1) year after the expiration of this ten (10) year period.
17. If condemnation procedures are required to obtain possession to Right -of -Way, ALAMEDA
CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.
If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC
Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay
ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount
settled plus ALAMEDA CTC Share of the interest accrued to the deposit account.
18. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the
construction of the PROJECT has been secured.
19. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right -of -Way is
limited to the following:
a. The cost to purchase all real property required for the PROJECT free and clear of liens
and /or conflicting easements, including the costs for preparation of documents,
negotiations and legal services.
b. The cost of damages to owners of remainder real property not actually taken but injuriously
affected by PROJECT.
C. The cost of relocation payments and services provided to owners and occupants pursuant to
the appropriate State laws and regulations (and net of any relocation payments provided by
Page 12 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
other sources) when the PROJECT displaces an individual, family, business, farm operation
or nonprofit organization.
d. The cost of demolition and /or the sale of all improvements on the right -of -way. Proceeds
from the sale of any such improvements shall be credited to the PROJECT and used to offset
PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the
completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation
or removal and protective storage for which PROJECT SPONSOR accepts responsibility and
where the actual generator cannot be identified and recovery made.
20. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to
failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason,
failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with
applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to
PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this
AGREEMENT.
21. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee
thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be
done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to
Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless
ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors -in-
interest, against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury (as
defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to
be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or
operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this
AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD,
its governing body, and all its officers, employees, agents, representatives, and successors -in- interest, from
any liability imposed on BAAQNM for injury (as defined in Government Code Section 810.8) occurring by
reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.
22. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee
thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be
done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to
ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code
Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR,
its governing body, and all its officers, employees, agents, representatives, and successors -in- interest, against
any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury (as defined in
Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by
ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use
of the equipment that is subject to this AGREEMENT.
Page 13 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
23. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to
or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone
other than ALAMEDA CTC and PROJECT SPONSOR and has no third -party beneficiaries.
24. All legal actions by either party against the other arising from this AGREEMENT, or for the
failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be
subject to the statutes of limitations of the State of California.
25. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party
shall be entitled to recover reasonable expenses and attorney's fees from the other party.
26. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in
Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual
agreement of the parties. Notwithstanding the foregoing, Sections III.21 and Section III.22 shall survive the
termination or expiration of this AGREEMENT.
27. This AGREEMENT, including its Recitals and Appendices, constitutes the entire
AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this
AGREEMENT or by a written amendment executed by both parties.
[Signatures on the nextpagel
Page 14 of 16
CITY OF DUBLIN
(PROJECT SPONSOR)
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
ALAMEDA COUNTY
TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:
Christopher L. Foss Date Arthur L. Dao Date
City Manager Executive Director
Recommended Recommended
By: By:
Gary Huisingh Date Trinity Nguyen Date
Public Works Director Director of Project Delivery
Reviewed as to Budget /Financial Controls:
Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form: Approved as to Legal Form:
By:
John Bakker Date Wendel, Rosen, BLz& & Dean LIP Date
City Attorney Legal Counsel to ALAMEDA CTC
Page 15 of 16
APPENDIX A: PROJECT CC
Appendix A -1
Appendix A -2
Appendix A -3
Appendix A -4
Appendix A -5
Appendix A -6
Appendix A -7
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
LIST OF APPENDICES
INTROL INFORMATION
Project Description
Project Phase Descriptions
Project Milestone Schedule
Project Responsibility Checklist
Project Funding Summary by Phase and Fund Source
Project Phase Cost Detail and Special Considerations
Permits /Agreements /Coordinating Agencies
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT
APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
Appendix C -1
Request for Reimbursement and Progress Reporting Frequency Requirements
Appendix C -2
Sample Alameda CTC Request For Reimbursement Instructions and Forms
Appendix C -3
Sample Alameda CTC Progress Report Format
Appendix C -4
Sample Alameda CTC Final Report Format
APPENDIX D: ALAMEDA CTC FUNDING SHIFT APPROVAL FORM
APPENDIX E: LOCAL BUSINESS CONTRACT EQUITY PROGRAM
APPENDIX F: TASK DELIVERABLES AND DUE DATES
APPENDIX G: PROJECT PERFORMANCE MEASURES
APPENDIX H: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS
Page 16 of 16
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX A
PROJECT CONTROL INFORMATION
Appendix Index;
Appendix A -1 Project Description
Appendix A -2 Project Phase Descriptions
Appendix A -3 Project Milestone Schedule
Appendix A -4 Project Responsibility Checklist
Appendix A -5 Project Funding Summary by Phase and Fund Source
Appendix A -6 Project Phase Cost Detail and Special Considerations
Appendix A -7 Permits /Agreements /Coordinating Agencies
Appendix A — Page 1
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX A -1
PROJECT DESCRIPTION
Project Title: Dublin Boulevard — North Canyons Parkway Extension
Project Description:
Dublin Boulevard - North Canyons Parkway Extension project would extend Dublin Boulevard in Dublin at its current
terminus at Fallon Road to North Canyons Parkway in Livermore. The new extended street is planned to have 4 to 6
travel lanes, bike lanes, sidewalks, curb and gutter, traffic signals /roundabouts, a raised median, bus stops, and all street
utilities. This project will consider the provision of dedicated transit lanes in addition to the mixed flow travel lanes for
higher level of transit service with 10 to 20 minute headways during appropriate peak demand periods.
This project will also require enhanced multimodal connectivity to various land uses along its stretch and at its terminus,
including connectivity to five Priority Development Areas (PDAs). While addressing Sustainable Communities
Strategies, circulation inside and outside the PDAs will need to be incorporated as part of the design.
Project Map
1 �
O Jb1tin0-A
Proposed Extension of Dublin Boulevard — North Canyons Parkway
LYvarmwuf Isat>erp
Dublin: T.— Center Avenue /BART Stntioe:
Planning Are.
Las Posltas College
N, Canyons Pkwy Portola Ave.
Proposed Extension
of Dublin Blvd.
It N
N I—ity Development Dublin City Limits
Area Suburban Center N.T.S
Livermore City Limits
Appendix A — Page 2
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX A -2
PROJECT PHASE DESCRIPTIONS
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s)
identified and described below:
Preliminary Engineering /Environmental Studies
The Project is currently in the Preliminary Engineering and Environmental phase. Tasks include: development of a
Precise Alignment and preliminary design of the roadway, determining the needed number of travel lanes for the
horizon year of 2040, and preparation and certification of an approved environmental document for State and Federal
requirements.
Appendix A — Page 3
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX A -3
PROJECT MILESTONE SCHEDULE
Phase /Milestone
Begin
Mo /Yr
End
Mo /Yr
Scoping
11/2016
08/2018
Preliminary Engineering /Environmental Studies
11/2016
08/2018
CEQA Approval
03/2017
08/2018
NEPA Approval
09/2017
08/2018
Final Design (Plans, Specifications and Estimate (PS &E))
08/2018
12/2019
Right -of -Way Acquisition
09/2019
12/2020
Right of Way Certification
12/2020
03/2021
Construction
03/2021
03/2023
Operations
Other /non - capital: (describe here)
Notes:
Environmental Clearance Status:
*Environmental Impact Report
Appendix A — Page 4
CEQA
NEPA
Environmental Document Type
EIR*
TBD
Begin Environmental Process
03/2017
09/2017
Draft Circulation (if known)
03/2018
03/2018
Date of Public Meeting (if known)
03/2018
03/2018
Final Draft Submitted
06/2018
06/2018
Actual Certification Date
08/2018
08/2018
Percent Complete
20
0
*Environmental Impact Report
Appendix A — Page 4
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX A -4
PROJECT RESPONSIBILITY CHECKLIST
Project Responsibility Checklist: The table below identifies specific project responsibilities of the ALAMEDA CTC
and the PROJECT SPONSOR for implementing the PROJECT contained in this AGREEMENT.
No.
PRO ECT ACTIVITY
ALAMEDA CTC
SPONSOR
1.
Provide Conceptual Geometrics (GAD)
C
2.
Approve Conceptual Geometrics
S
3.
Provide Available Survey Control, Topography &Aerial Survey Data
C
4.
Obtain Permits
C
5.
Prepare Engineering Studies & Reports
C
6.
Review Engineering Studies & Reports
S/C
7.
Approve Engineering Studies & Reports
S
8.
Review R/W Requirements (takes, easements, etc.)
9.
Approve R/W Requirements (takes, easements, etc.)
10.
Prepare R/W Acquisition Permits
11.
Review R/W Acquisition Permits
12.
Approve R/W Acquisition Permits
13.
Acquire R/W
14.
Prepare Record of Survey
15.
Review Record of Survey
16.
Transfer R/W to State
17.
Locate Existing Utilities
18.
Coordinate Utilities Relocation with Utilities
19.
Prepare Utility Agreements
20.
Review Utility Agreements
21.
Approve Utility Agreements
22.
Execute Utility Agreements
23.
Prepare PS &E and all associated documents
24.
Review PS &E and all associated documents
25.
Approve PS &E and all associated documents
26.
Advertise Construction Contract
27.
Open Construction Bids and Proposals
28.
Contract Award Recommendations
29.
Award Construction Contract
30.
Administer Construction including Inspection & Surveying
31.
Review Contract Change Orders (CCO's)
32.
Approve CCO's
33.
Design Services During Construction
34.
Prepare As- Builts
35.
Close -out Contract
LEGEND:
C = consultant
S = staff
S/C = staff and contractor /consultant
Appendix A - Page 5
00
0
O
o6
0
z
C
N
U
F
U
b
cE
0
0
00
0
z
U
N
O
'
Ln
�i
a
W
O
O
w
W
a
z
w
U
W
a°
a
U
o U
aQ
C
N y
pro
b
e�
f� w
Cv
w v
CA
H .�
o a
Qu
aF
o
F
z
0
o
F o
U a
b
C
O d
F �
O
b
C
C
uw
�b
a�
u
N
Q
v
� y o
� aq
x u a
C v w
Z Ca
N
O
P.
U b
W u
v `-
z
NP
u
c�
C
04
4 '+3
v
•� a
x
O
Ln
bl!):
to;--
tOE)=
fa.F-
fve�
fA=
toD--
Lr)
N
N
.--1
40?--
T.
W,
w
W
U
O
w
MOw
a o
SEx
O
fy�=
fo-p
t4
a4
fwe�
61e�
fyq=
O
CA
O
O
C7
�,
�
�
z
vw
�
b
�
H
b
�b
a
1
V
W
4-+
4-4
0
R
'
34
.--
O
W l
y
D
O
O
w
O
O
O
U
U
0
'
cn
Cd
u
go
�.
a
a
P, W
W
r�
c�
c�
O
O
U
o U
aQ
C
N y
pro
b
e�
f� w
Cv
w v
CA
H .�
o a
Qu
aF
o
F
z
0
o
F o
U a
b
C
O d
F �
O
b
C
C
uw
�b
a�
u
N
Q
v
� y o
� aq
x u a
C v w
Z Ca
N
O
P.
U b
W u
v `-
z
NP
u
c�
C
04
00
C)
0
0
06
0
z
U
�o
H
U
b
a�
0
0
r
r
0
z
cu
0
a
q�
Z
a
L
ra
H
W
Q
O
U
a
U
ti
a
a
E-I
W
b
O
Q
w
U
Q
U
w 0
O
U
Cd
O
v
Q
0
U
O
P-1 44
H
r-
90
i
a
C)
O
s�
o
O
Ln
be�
Le)
Ln
N
A
rA
H U'.
d
C)
0
be�
o
0
Ln
sqm
bw
Ln
Lt*)
s�
401,
fo;--
w
0
U
-a
m
O
Q
�
H
0
0
0
°0
U
0
x
a1
a
�
o
w
0
�
�
o
a
o
N
q�
m
a
U
a� m
W ti
s:
d
z
�
oa+
O
�oQ
o
U
O
R
o
H
c
C
z
O
z'
U
cn
OV
r-
90
i
a
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX A -7
PERMITS /AGREEMENTS /COORDINATING AGENCIES
A list of permitting agencies, required agreements and coordinating agencies is included in this appendix.
Per Section I.23 of this AGREEMENT, PROJECT SPONSOR shall obtain all state, local and federal permits and
approvals for work, including environmental approvals in accordance with the National Environment Policy
Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will
comply with all applicable state and federal laws and regulations.
PERMITS:
• PG &E
• Dublin San Ramon Services District
• Zone 7 Water Agency
• County of Alameda
• City of Livermore
• San Francisco Bay Regional Water Quality Control Board
• California Department of Fish & Wildlife
• U.S. Fish and Wildlife Service
• U.S. Army Corps of Engineers
AGREEMENTS:
• Memorandum of Understanding — Cost sharing on P.E phase between City of Dublin and the City
of Livermore
COORDINATING AGENCIES:
• Alameda County Public Works Agency (ACPWA)
• Alameda County Transportation Commission (ALAMEDA CTC)
• Metropolitan Transportation Commission (MTC)
• California Department of Transportation (Caltrans)
• Federal Highway Administration (FHWA)
• City of Livermore
Appendix A — Page 8
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX B
ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT
The following Table B -1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this
AGREEMENT and establishes a unique allowable start date for each obligated fund source.
TABLE B -1
FUNDS OBLIGATED BY THIS AGREEMENT
AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset
Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
2014 MBB
TEP -026
PE /ENV
4/27/2017
4/27/2017
1213112018
$500,000
Total Alameda CTC Administered Funds Obligated by AGREEMENT:
$500,000
FAgreement Expiration Date: 3/31/2019
Notes:
1. ALAMEDA CTC reimbursement amounts by fund source for PROJL'-Cf shall not exceed the total amount obligated by this
AGREEMENT, by fund source.
2. The Commission Approval Date is the date of the Commission Meeting that authorized and approved the allocation.
3. The Allowable Start Date identified for each fund source is the earliest date to incur eligible reimbursable costs. Any costs
incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT.
4. The Expenditure Deadline Date identifies is the last date to incur eligible reimbursable costs. Any costs incurred on the
PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.
5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.
6. For TFCA funds obligated by this agreement the identified Expenditure Deadline Date in the above table is two (2) years
from the date of the first receipt of funds by the ALAMEDA CTC from BAAQMD, unless an extended deadline is approved
at the time of programming or an extension has been approved by the ALAMEDA CTC. Extended deadlines will be reflected
in the above table.
Appendix B - Page 1
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGRI'LMI?NT shall be in
accordance with the Drawdown Limitation Schedule below.
TABLE B -2
ALAMEDA CTC ADMINISTERED FUNDS
REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No.
Fiscal Year
Quarter
Fund Source
Quarterly
Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1
17/18
1
2014 M 3B
$0
$0
2
17/18
2
2014 MBB
$0
$0
3
17/18
3
2014 MBB
$0
$0
4
17/18
4
2014 MBB
$200,000
$200,000
5
1 18/19
1
2014 MBB
$100,000
$300,000
6
18/19
2
2014 MBB
$100,000
$400,000
7
18/19
3
2014 MBB
$100,000
$500,000
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Notes:
1. Fiscal Year (171') begins July 1 and ends June 30.
2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins
January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.
3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following a receipt and approval of a
Request for Reimbursement(s) by the PROJECT SPONSOIL
4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown
Limitation Amount without Alameda Ci'C's written approval. Any portion of a reimbursement request, which exceeds
the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until
the following quarter.
Appendix B - Page 2
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX C
REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
Antzendix Index
Appendix C -1 Request for Reimbursement and Progress Reporting Frequency Requirements
Appendix C -2 Sample Alameda CTC Request For Reimbursement Instructions and Forms
Appendix C -3 Sample Alameda CTC Progress Report Format
Appendix C -4 Sample Alameda CTC Final Report Format
Note:
• The latest electronic versions maybe obtained from 12ages /tie %v /8006.
• The format and content required are subject to change.
Appendix C — Page 1
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX C -1
REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING FREQUENCY REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.
Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi- annually, as indicated
below with an "X ".
REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING
FREQUENCY AND DUE DATES
Frequency
Required
Minimum Frequency
Period Covered
Due Dates
(as checked
❑
Monthly
One month
By 30 days of end of billed
once eveyy month
activity
Quarterly
Quarter 1: 7/1— 9/30
By October 31st
(once every 3 months)
Quarter 2: 10/1 — 12/31
By January 31St
Quarter 3: 1/1— 3/31
By April 30th
Quarter 4: 4/1— 6/30
By July 31St
Semi- annually
Quarters 1 & 2: 7/1 — 12/31
By January 31St
El
(once every 6 months)
Quarters 3 & 4: 1/1 — 6/30
By July 31St
Annually
Fiscal Year: 7/1 — 6/30
By September 30th.
❑
(ITC 4 Annual Report)
Final Request for
Any work period eligible
Must be submitted prior to the
®
Reimbursement
under Appendix B.
Agreement Expiration Date.
Notes:
1. For all projects, the maximum frequency for Requests for Reimbursement are one (1) per month.
2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.
3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC
progress reports and invoices. See Appendix I I for TFCA- specific report forms.
4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for
reimbursement.
Appendix C — Page 2
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX C -2
SAMPLE ALAMEDA CTC REQUEST FOR REIMBURSEMENT INSTRUCTIONS AND FORMS
Nanada Cn:myTra,aPa,wdon Camm,s :AI.— CTC)
Alar Aaleuuf:rb
d. Cl L 1e 1n I. Nnndrar wmerrl(PINj
t Ill Pmadw+l'• 41Na al0
0,IW,J CA 91LL
Slamtlra M aam-e111arao r, ras
Request for Reimbursement Summary
.rand spnwen
AP•a•eNxe.
Proxdxe tA•nl:
•mne.,rw•a,.au
emneJ
FORM 1
r•.w.K,. nn axlNne,.s.,:.aa• unalw. �oraanae „a.r rl,ar >.au.rar ardun a: nnex a,l.oa. r:.rmm eaaar Ma••..rm.mux•
•rrig.e sF,• .m N.•
SPONSOR COST DETAIL
PmJ,d sponsor -
Prot - Number JAPNI:
Gram NO 0
91111.9 Perlud (From - TPI:
Invoke Dale: 1/0/00
Invoke No. 0
FORM 2
'SECTION A: SPONSOR STAFF TIME COST DEFAIL
iPhasa/
Task No.s
Employee Name
Staff Rah
�
Alameda CFC
Funded Hours
-ar
Funded Hours
TMI
Houn
As lrwr
Alameda CTCFar&d;
Cost
Other MatrhIM
Funded Costs
Total Casts
007
S
5
s
047
S
S
3
0.00
5
5
5
095
S
S
5
0(0
5
S
5
9,90
5
5
s
0.90
5
S
3
000
S
S
5
Total StaNCOSt S S S
SECTION B: SPONSOR DIRECT COSTS (commas. :urconlrans, vendors, P�,d m orders, nemlaa msls, eu 1
Phase!
Talk NP.
srendar
'Oriel Dn(HpllPa of [oTl
Alameda CTC
lam
Fundetl Cost
Other Matching
Funded Cost
Tall Costs
S
5
5
5
S
5
5
S 500
S 5.00
5 10.00
5
5
S
_
Total Dlrect0ost
S 5.00
S 5.90
ve,u / rabxe men mnrn m r•wr,b.. a::e.emm re.m.r AP..m•m. TOTAL AMOUNT
I T11 ne biiiieanl•a eellln.e In M•sp•nurwxln•znen term Isponsar Stall Timet Oirecl Casts) $ 5'00 $ 5.o0 $ to,00
a Apa•w•. rawn•anon •x•,n:ab•af.nlMl•o • r•
nllmma,ed,.aeler,I.aln *r...l, o,mm.l,mlx.n..•nlw rdly g�,.�Je waF AwanAnwag,noa Gnn s x s
a von,ayen:vw• ul.edon., w••aI nuiPm•mnnelrl, -
sxmd:auowmaeaum•nwi a P dnm•sbuaw :• •,nrnp,
TWO Bequest Malrhes Form J - Cover sheer? FALSE FALSE FALSE
Appendix C — Page 3
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
FORM 3
SPONSOR STAFF RATE SHEET
Project Sponsor: u Alameda RC Agreement No : 0
Come" Name: [i Project No. (APN):0
Phone No: 9
E -mail: C. Inualrys DO.; 11
ErnployeeName
crc ar.M -.: r
MN[Nf�.l
m�mlr Na.l
Rn:dowtei Conmpmf
FORM 4
omm�N wm.nN�ni s
I�Ne:
run nc S
yBIIIrB: S SE
Bernd rylBU e
p jC�l7II0
wwwwwil�
-wi
�w-
�ww
®wa
SZ
www
wwrrR♦r��wwwEwww.
�nEwww•
w -ww�w®
ww!
wwww��wwww�rr
�wrw.�
ww�wwm�
www
®�!
�rw�wl�
wwwesw_
ww�ww
®w®
•
tww *�ww��rw��ddw�rww�:'�lt:^w•
crc ar.M -.: r
MN[Nf�.l
m�mlr Na.l
Rn:dowtei Conmpmf
FORM 4
omm�N wm.nN�ni s
I�Ne:
run nc S
yBIIIrB: S SE
Bernd rylBU e
Niglio
www!! w! �ww�w_wwwaww�e�� �
ww!!!!! ®www��wwwRwwwi�
ww!!!!! www�w -�ww� www�ww� www�
www wwlw w- ww��wwwsww�llrr�+irA �
• drwsomw ®mow
�am
C�
www.www.
C�
w�
www.
Appendix C — Page 4
p jC�l7II0
wwwwwil�
-wi
�w-
�ww
®wa
SZ
www
wwrrR♦r��wwwEwww.
�nEwww•
w -ww�w®
ww!
wwww��wwww�rr
�wrw.�
ww�wwm�
www
®�!
�rw�wl�
wwwesw_
ww�ww
®w®
•
tww *�ww��rw��ddw�rww�:'�lt:^w•
Niglio
www!! w! �ww�w_wwwaww�e�� �
ww!!!!! ®www��wwwRwwwi�
ww!!!!! www�w -�ww� www�ww� www�
www wwlw w- ww��wwwsww�llrr�+irA �
• drwsomw ®mow
�am
C�
www.www.
C�
w�
www.
Appendix C — Page 4
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX C -3
SAMPLE ALAMEDA CTC PROGRESS REPORT FORMAT
PROJECT PROGRESS REPORT
PROgEtttittT:
7WHCT SPOIL
oieliiiri4LtnxJlr
RFPOAF1riG PEA W:
nay +fl
L CURRENTSTATUS
❑ No clmen[iulrn vdM Me profert. iescMrrgnsTal Fra /rcrsnrvs bsbw
❑ We antklpted Issues but tlb nosneed NamedaCTCS avlsbrce a[thlf tlme, fJrrMbrUMw
❑ We antklpab lrsrw[and maY requhe Alameda RC[aulgaraaOCrrlbe bMUw
L ACFIONSarTU�p
1
A ANTICIPATED ACTIONS MSan raYnrn
Y.
7• PUfRIRW R6QUngEA1$YTE
LJ Project mfornsadon is currentlyawllable onlne, at the follpwing weh address:'Enl<r liNrj
❑ P:u}xlsiuJ:al%: is pnaleda a ruyuirnJ hV lltu fording agruununl
❑ Prnprl iufnrmalinn is puhllshrd at Wasl annwgy l:iglsllgl :ling lhv prnlnrl, as lwled lwLrw
OIJreIPWY -Lk s M'arardJrlbbuGw
❑ kxNhlh b dacummt tM comPlellnn of Meu requlremenn are attached to Mls progress rePnrl I e
urrxrohuls, wpiu of urur:lrn, plrutua of signvge
❑ Many ul lik a lbn:[wuru nul romplel[•d, n,Wn Mrbw
R. PERIORMAN CEMEA5URESPRCIGRESSREPOKDNG
❑ Prolrxt Pellnrmanrn Mnasurnsarr rMpl-dIn the T.W.lW-
G Prujae R•rlurinancu Muvsurra Prugim Rupou onus insludctl; campluled lw,vPruuno
Prrinrmam.r Mnasurm Targob aro ansorialnd vrilh this pro }x 1
TaeY s.. Yralrwmarcr MHwn itlper.
hrbrmn[tr. irgrt PrepeuT R[MymdNe
Prolmss /A[tNiAY MIs
N
N.
Mebrurc
PbTlpd
J
T
IIS S
J
J
b
L AMOMMENTSTO SCOPE. COST, SCHEDULE, PERFORMANCE MEASURES
❑ Na[hanges pramendmelT6 requlredm Melurding agreement
❑ Ch ngesamrzquked —he Tnllawing:
❑ Scnpe
❑ Budget /Cos[
❑ Srhe .0
❑ Perbrmance Measures
u ArnerrPrY:nrrt PaNra[pnHPWlYSabdiltbdxaAtlrbA
F. —,.- -k dns requldng charges, Include an Amendmenl Req- 1p,rev1ew
and appmvol. Farsmpe changes, include ro —, chonga orders (CCD'sJ over$20,BBd
on rorufruMOn ondpssionol servire mntmr4.
S. POTENTW CLAMS
❑ There arem Notices of Potential Claim an llle.
❑ We aniklpateaclaim rage rding the following:
1-
2
❑ Thereare presently [Enter Numbed Notice(sl of Potential Claim on file. Those not previously
Ww[rYd Re JNJtMM fp 1erPlw JM mafeneaM
l EkffNDINRFSANO R[pA9kJ1lSEM[NTS
e aatSeaflo4PeAArYRArMMA S[Ki 9umme wxps
N.�......•r.••....... w.. ••!
Mani �r—w ue5�r..nRr.0
rmswae vxrse 11— d,lv�lu r TWre nu /sv psalm rota
Is
t
g s
a a
.y a
T
IIS S
5 'T 5 s
0
—�
e aatSeaflo4PeAArYRArMMA S[Ki 9umme wxps
N.�......•r.••....... w.. ••!
Mani �r—w ue5�r..nRr.0
rmswae vxrse 11— d,lv�lu r TWre nu /sv psalm rota
Is
t
g s
a a
.y a
T
IIS S
5 'T 5 s
Appendix C — Page 5
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX C -4
SAMPLE ALAMEDA CTC FINAL REPORT FORMAT
"I.— r..— n., ;. SUMMARY OF vnp;[CS B[NffliS
FINAL REPORT Roplee a bdyextta{nupn eJpro /en eene/le andamanes
FOR THE [INSERT PROJECT TITLE]
FOR[INSERT PHASE(s)]
dwassTTlTU_ d
PRw[cTSrwJwa
— Fnnnn[le PPRtDa:
L PROJETTDESCRIPOON
Rpvldeabdydeur?plan ysmlvspmvlded, imprtrvmrantsronrbusded, qrd /a /mpleme.dedR
ptrordana vadN theJundiog agreement.
2 SUMMARY OF PROJECT DELIVERY MILESTONES
Rovlde a bdlJdeurlptWn yemonr mhen pMmlkaprres revchrN [p dedv¢rthe pmJrrcr.
Table 1- Pedprmarme Measure Taeport
Patrarmarw Tarpel CumWative Performance Measure
NA. MtaWrf P—m— and T.M.bAchieved ?I'
1
t
4
J
U lhls table Is rat apPllwbk. No Performanre Meawres er larg<[s idendfled in the hnding
agxemxnt Project benefits and qutromxs are deurked eviler m thls report.
S. PUBLICITY REWREMENTS
G Prokct lnPormatlon was available anllne,a[ the following web addreu: IEnter llnM]
G Project signage was posted as required by [he (undln ®agreement
G - Jecsinf,r— tlonwaspubllshed annually highlight the project, as listed below.
wlrrsaw.m. Nwnrt W PWSullon
❑ The above Is documented via amshmenb m the previous progress reports Additional
daumenta U,,, iI applicable, is also attached for any preai,usly not submined publlcity decgmenUlion
i e ureenshob, photographs, espies of art¢ks, <tc
S. OOENORUAES^h* SEMMRgMrs[n
OMImRISi[41WMaT
a. NIOIECTClOSEpR
Appendix C — Page 6
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX D
ALAMEDA CTC FUNDING SHIFT APPROVAL FORM
ALAMEDA CTC r1JNDING Sllli*I• APPROVAL FORM
Ar)%II ISTR.4T1vF. AhIRNDNRKT No. 1X]
I'N, the Secti -7n 111.1 of the A :,A.'il. l•1^ - Ub:igatinns oY .91.AT;TDA CI't; .1- ,bi1NT :TR ?PC P':q•Ir. ; authomrd
by this ACFEUC+bC z-w be shi =ed beween the phases of the 1'R(.)[E l• covered by this ACr:!El'- -NT: or
bera-con Activities in the ssmlc phase of the PROJECT. Thos includes shift f leading obSgn inns benv coq
P1 USES, fiscal :dears mid'or ublq�ativns belwten "•Cutnrx._ls" and ° Sponsor St311'' cv >Is.
The P ?- :IH;n'SP: •r rs +.most: (A) (bruin AI_a MHY A CT(: written app,otiiil of in adcmxx thrrr ,h zompletinn
and suha:ntal to AI A6.QF:6A C"1 Cot this hom:: A[- A1•d.?7•A' A C Pnndutp Shrtt AppmYsl 'tune; and B Piimde
a revised and updated Appotdis A — Project Control Information to the A-'?PXE>IENT which reflect: the
requested shift of the fundutg oKkmtions auth� prized by, this and demonstrates d--ac the phase or
ocuvtty fr-mi whndi die funds were sla'ed renwiv, fully fundo.l.
The purpose of thus Arnendtnent No. [Insert No,] is to docutncnt the PROJECT SPONSOR'S request
and Alameda CTC's app—1 of der shift of ALANIEDA CPC ADMINISTERED FUNDS uhlig.d.— as
reflected in the table(s) below and in the revised Appendix A – Project Control information and
Appendix 14: ALAMEIIA CTC AiwNwrF..Rvi) FUNIL4 Obligated by this A(:x6F.S11 -,NT.
user.
Project No.:
Agreement No.
Project Description:
Date Executed:
PHASE S
Alkahed me Rewion,, to "Ib s ill
Appendix A: Project Control lnfommhon
Appendix B: AL:1''aELvi l.-TC- k:1h4ll•T15 7E EE' F-_YE S L-A.Aigawd by thus AG ?FEAIEbIT
SPONSOR ALAMRDA CTC
Requested by:
Si?nantre:
Date:
AlTroced hr:
An[honved
stJ attire:
Date:
Appendix D — Page 1
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX E
LOCAL BUSINESS CONTRACT EQUITY PROGRAM
Per Section I.14, the Project Sponsor shall abide by the current Alameda CTC Local Business Contract
Equity program requirements referenced here: httn: / / \vNv-%v.alamedactc.oM /a app pages /view /4543
Appendix E — Page 1
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX F
TASK DELIVERABLES AND DUE DATES
Project Task Deliverables and Due Dates: The Task Deliverables and Due Dates table below shows
deliverables and due dates, if any, for the phases listed in Appendix A -2 Project Phase Descriptions that
contain ALAMEDA CTC ADMINISTERED FUNDS.
Task Deliverables and Due Dates
Task
Deliverable
Deliverable
Due Date to
Deliverable
Alameda CTC
1
Executed agreement(s) for contracted project work
Within one month of
execution date.
2
Draft Environmental Document, Final Environmental Document
3/2018,8/2018
3
Final Invoice
By the Agreement
Ex iration Date
4
Final Report
By the Agreement
Expiration Date
Notes:
1. Due dates for Task Deliverable 2 are estimated. All deliverables shall be received and approved by the Alameda CTC prior
to the payment of the Final Invoice.
Appendix F - Page 1
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX G
PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcome -
based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project /program is
meeting its objectives.
Project Performance Measures and Targets
Performance Measure Target
General Transportation Benefits:
• Provides missing direct connectivity to 5 designated Priority Development Areas (PDAs) in the
Cities of Dublin and Livermore. Five PDAs in two Cities contain over 9,000 dwelling units and more
than 2.5 million Sq -Ft of commercial uses.
• Provides missing direct connectivity to two BART stations; Camp Parks; Iron Horse Trail;
downtowns of Dublin and Livermore; Las Positas College; and various residential and commercial
land uses. Las Positas College enrolls approximately 8,500 students.
• Addresses lack of continuous I -580 reliever route from Dublin to Livermore along the north side of
I -580.
Project Outcomes:
• Create direct connectivity to five PDAs in Dublin and Livermore, and also connect to two BART
stations; Camp Parks; Iron Horse Trail; downtowns of Dublin and Livermore; Las Positas College;
and various residential and commercial lands outside the PDAs. Las Positas College enrolls 8,500
students.
• This project would reduce Vehicle Miles Traveled in the region. Due to being within 1/4 mile from
I -580 and able to access various land uses, this roadway extension project is expected to reduce trip
lengths by diverting localized inter -city trips from the freeway.
• Extend the reliever route. This street extension will extend the existing reliever along the north side
of I -580 from San Ramon Road /Foothill Road to State Route 84 at Isabel /I -580 interchange.
Note:
1. Improvements are expected to achieve, as best as possible, the performance measures targets and /or project outcomes as
established herein.
Appendix G — Page 1
Alameda CTC Agreement No. A18 -0018
Project No. 1481.001
APPENDIX H
NOT APPLICABLE
Appendix H — Page 1