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HomeMy WebLinkAboutReso 161-16 BFK Engineers Consulting Services 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 fiscal assistance from another governmental entity,Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees,agents,and any subcontractors have all licenses,permits,qualifications,and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees,agents,any subcontractors shall,at their sole cost and expense,keep in effect at all times during the term of this Agreement any licenses, permits,and approvals that are legally required to practice their respective professions. In addition to the foregoing,Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,on the basis of a person's race, religion,color,national origin,age, physical or mental handicap or disability,medical condition,marital status,sex,or sexual orientation,against any employee,applicant for employment,subcontractor,bidder for a subcontract,or participant in,recipient of,or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal,state,and local laws, policies,rules,and requirements related to equal opportunity and nondiscrimination in employment,contracting,and the provision of any services that are the subject of this Agreement,including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days'written notice to City and shall include in such notice the reasons for cancellation. In the event of termination,Consultant shall be entitled to compensation for services performed to the effective date of termination;City,however,may condition payment of such compensation upon Consultant delivering to City any or all documents,photographs,computer software,video and audio tapes,and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may,in its sole and exclusive discretion,extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement,as provided for herein. Consultant understands and agrees that,if City grants 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 of Fish and Wildlife(CDFW),San Francisco Regional Water Quality Control Board (SFRWQCB),Alameda County Flood Control(Zone 7). Other potential topics of discussion include permit strategy,potential mitigation options and their information needs.The communication with these agencies can be through an Interagency Meeting, a meeting hosted by the CITY,or a field site visit with the agency personnel;two(2) Environmental(Permitting)Agency Coordination Meetings are assumed. • Utility Coordination Me"a(sl:The CONSULTANT will coordinate with Utility Owners to identify existing utilities,potential obstructions and relocation requirements,including future utility corridor opportunities associated with the Precise Plan Line.The CONSULTANT will coordinate and conduct two(2)Utility Coordination Meetings. • Landowner Coordination M in s :Since there are several private property owners along the proposed extension limits,CONSULTANT will coordinate within private property owners affected by the Project. A first-round focus meetings is recommended with interested property owners to open dialogue,develop understanding,and expose specific and sensitive property issues in a controlled environment. The CONSULTANT will coordinate and conduct two(2)Landowner Coordination Meetings involving one- on-one focus/coordination with property owner(s). • Additional Stakeholder Coordinatio eetines :CONSULTANT will coordinate and conduct two(2)Stakeholder Coordination Meetings involving one-on-one focus/coordination with either special interest groups,environmental groups, or other stakeholders and/or additional meetings beyond those identified above that may be needed to assist in gaining understanding for and acceptance of the Project. A.3 CEQA EIR Meetings In support of the CEQA EIR process as described in further detail under Task D,the following project coordination meetings have been scoped to facilitate environmental certification process: • Publics Meeting One(1)Public Scoping Meeting will be held pursuant to CEQA legal requirements.The intent of the scoping meeting is to solicit input on the scope of the EIR. CONSULTANT will also assist the CITY in presenting the CEQA process at the of the EIR. CONSULTANT will also assist meeting and will assist in collecting all comments received on the scope of the EIR. Following the state-mandated 30-day scoping period,CONSULTANT will review comments received in response to the NOP and at the scoping meeting.CONSULTANT will provide a comment matrix spreadsheet to the CITY that organizes all comments received by federal;state;and local agencies,and public comment. Each comment will be identified to determine whether any new issues were raised that need to be addressed in the EIR or whether any additional analyses will be required as a result of the NOP comments. Page 3 of 34 BKF#: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 cultural resources, unless recently surveyed by qualified archaeologists (as evidenced by a competent report on file at the NWIC), CONSULTANT will conduct an intensive pedestrian archaeological survey of the Project area to evaluate potential project impacts to cultural resources. The survey will be conducted at a maximum survey transect interval of 15 meters. Paleontoloeical Resources: A paleontological records search will be conducted at the Museum of Natural History, Los Angeles, CA, and CONSULTANT will review vew construction eparon plans and maps. A Paleontological Investigation Report (PIR) i accordingly that will ces assess and will hrecommend to ique esources. paleontological resources ort p 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 has identified the Recordation of Protected Resources for Architectural Resources and Archeological Sites or Resources as an optional service; an estimation of the effort and cost to provide this service to the City has been identified in the attached Preliminary Engineering Study for Dublin Boulevard-North Canyons Parkway Extension - Project Budget Scope/Fee Summary,and is described as follows; • Any newly discovered historic (over 50 years of age) or prehistoric archaeological sites, and architectural resources over 45 years in age identified during the survey will be recorded, as required, on appropriate Department of Parks and Recreation Primary Record (DPR 523) and associated (e.g., Building- Structure-Object) forms. Although not anticipated, the CONSULTANT has identified this effort as an optional service. • Any previously recorded archaeological sites or architectural resources identified within the project area as part of the NWIC records search will be re- located and a DPR 523-L Continuation/Update form must be prepared for each. • Air Quality/Greenhouse Gas Report/Energy: 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 climate conditions,monitored air pollutant levels, regulatory environment and planning efforts to improve or maintain air quality conditions. Page 19 of 34 BKF#: 20167083-10 October 11,2016 Dublin Blvd-North Canyons Pkwy Extension Project Evaluate Regional Air 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-project t�effraffi�forecast data to predict changes in EMFAC2007 model will be combined with emissions of ozone precursor pollutants(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 ap cts.An assessment of changes to carbon monoxide Roadside concentrations will be conducted to evaluate impacts to local air quality. 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 results highest traffic volumes and worst LOS would be modeled 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 Construction dEm ss ons model, computing emissions using the lot be compared Version 8.1.01.This will provide an estimate of from construction activities es wou d be against BAAQMD thresholds. Localized impacts addressed through application of CITY standard fugitive dust control measures.To address toxic air contaminants from construction t r to adja ent sensitive receptors wi I health risk assessment will be performed. Imp predicted. Evaluate Risk from Toxic Air Contaminates:TheeP Project 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 nal analysis. analysis.The the emissions or EMFAC2014 model will be used in would be conducted with the Caline 4 or Cal3ghcr model along with representative meteorological data. Excess cancer and non-cancer risk will be predicted following BAAQMD guidance. In addition,the model will predict the annual concentration of 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 ct ons 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 avoid significant impacts related to the project.These scenarios could involve different design changes(as supported with the work under Task C), a reduction in the total development on the project site or an alternative location/alignment(unless considered and rejected as infeasible). It will be important that these alternatives be reasonable,feasible,and meet the basic objectives of the project.The No Project Alternative will assume development of the site according to the existing general plan land use designation and zoning for the property. Alternatives considered but rejected,that were developed during the design phase will be included disclosed in this chapter of the EIR. The impacts of each alternative will be compared to those associated with the project.As required by CEQA,the advantages and disadvantages of each alternative and the reasons for rejecting any alternative will be discussed, including consistency with the roveconme fined goals and objectives. In accordance with CEQA(Section 15126.6(e)(2))the superior alternative among the two alternate development scenarios will be identified. Effects Found N be Sig ot to 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 o i initiating l schedule r the changes face-to-face changes anges 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.The screencheck draft EIR will be provided to the CITY in digital and hardcopy formats.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 EIR CONSULTANT will incorporate any comments received on the screencheck draft EIR into the draft EIR.CONSULTANT will prepare public notices and provide the notices for the CITY to distribute.CONSULTANT will draft the State Clearinghouse Notice of Completion form for CITY staff to review and sign,and will transmit 15 copies of the draft EIR to the State Clearinghouse,with the NOC. Depending upon demand,CONSULTANT will provide additional copies at cost. Public Review As described in detail under Task A.3,CONSULTANT will attend one public hearing on the draft EIR during the public review period.CONSULTANT will assist the CITY in preparing for the public hearing. Administrative Final EIR Administrative Draft Response to Comments (RTC):CONSULTANT will meet oresponding ihCITY staff to to review all comments received on the draft EIR and discuss the app those comments. CONSULTANT will prepare an administrative draft RTC that responds to a maximum of 25 individual comments (either written or received at the public hearings).We have prepared an estimated budget for the response to comments document based on assumptions related to the number and complexity of comments.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 Individuals • Response to Comments, including copies of all comment letters with numbers/lettering associated with each separate comment and responses to individual comments. If appropriate, master responses can be crafted to address issues raised in multiple comments. • 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 six weeks to complete.CONSULTANT recommends/assumes a Rapid Response records search be conducted,which will generate results within two to three weeks.Cost estimate to be confirmed by the 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