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HomeMy WebLinkAbout4.2 Agreement with RES Environmental Operating Company for the Dublin Boulevard Extension - Fallon Road to North Canyons Parkway Project, CIP No. ST0216Agenda Item 4.2 DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL DATE: February 7, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Agreement with RES Environmental Operating Company for the Dublin Boulevard Extension - Fallon Road to North Canyons Parkway Project, CIP No. ST0216 Prepared by: Pratyush Bhatia, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will consider approving an agreement with RES Environmental Operating Company, LLC to provide environmental mitigation services for the Dublin Boulevard Extension - Fallon Road to North Canyons Parkway project. The City Council will also consider approving a budget change to increase the project funding. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with RES Environmental Operating Company, LLC for Environmental Mitigation Services for the Dublin Boulevard Extension - Fallon Road to North Canyons Parkway Project, CIP No. ST0216, and approve the budget change. FINANCIAL IMPACT: The estimated cost of the environmental mitigation services is $15,480,144. Approval of the agreement will require a budget increase in that amount for the Dublin Boulevard Extension - Fallon Road to North Canyons Parkway project (CIP No. ST0216). Direct impact environmental mitigation up to an amount of $1,737,585 is included in the Eastern Dublin Transportation Impact Fee (EDTIF) program and would be funded by the EDTIF. The remaining $13,742,559, comprising $11,906,472 in indirect mitigation costs and $1,836,087 in direct mitigation costs, will come from the Assigned Reserve for the Dublin Boulevard Extension project, which has a balance of $20 million. Staff has determined that the indirect environmental mitigation will meet Community Facilities District (CFD) requirements and is working on a CFD financing mechanism to reimburse the City for the General Fund contribution of $11.9 million in indirect mitigation costs. Page 1 of 3 27 DESCRIPTION: The 2022-2027 Capital Improvement Program (CIP) includes the Dublin Boulevard Extension - Fallon Road to North Canyons Parkway Project (CIP No. ST0216), which will extend Dublin Boulevard approximately 1.5 miles from Fallon Road to North Canyons Parkway in the City of Livermore, including a portion through unincorporated Alameda County. The project has been planned since 1984. Construction of the project will impact the potential habitat for several special -status species. The project will also impact a stream channel, seasonal wetland, and riparian habitat. The Project Environmental Impact Report (EIR) and the U.S. Fish and Wildlife Service (USFWS) Biological Opinion identified 22.7 acres of permanent direct impact due to the construction of the roadway. Permanent direct impacts will result from the permanent replacement of existing habitat within the footprint of the new road. The EIR identified up to 133.47 acres of permanent indirect impacts south of the roadway. Indirect impacts will result from the isolation of habitat on land between the new road and Interstate 580. Compensatory mitigation for impacts to these species' habitat is required in accordance with the measures outlined in the East Alameda County Conservation Strategy (EACCS). Mitigation can take the form of purchase of credits from a mitigation bank, project -specific mitigation, or other mitigation plan. Staff has been coordinating with Alameda County Transportation Commission (Alameda CTC), Livermore, and Alameda CTC's consultants, BKF Engineers and H.T. Harvey & Associates, on the evaluation of environmental mitigation options for the project. Staff recommends entering into an agreement with RES Environmental Operating Company, LLC to provide project -specific, full - service mitigation, based on the evaluation of mitigation options by H.T. Harvey & Associates, the lack of currently approved conservation banks that could satisfy all mitigation needs, the uncertainty of when a conservation bank would be available, the potentially higher cost per acre of purchasing credits from a mitigation bank, and conversations with RES on mitigation options. RES is a firm that specializes in finding mitigation solutions for projects such as the Dublin Boulevard Extension. RES will provide the City with the entire mitigation to compensate for the unavoidable impacts to species' habitat and aquatic resources for the project, at a total cost of $15,480,144. STRATEGIC PLAN INITIATIVE: Strategy 1: Downtown Dublin and Economic Development Objective E: Continue the Fallon -East development strategy. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. Page 2 of 3 28 ATTACHMENTS: 1) Resolution Approving an Agreement with RES Environmental Operating Company, LLC for Environmental Mitigation Services for the Dublin Boulevard Extension - Fallon Road to North Canyons Parkway Project, CIP No. ST0216 2) Exhibit A to the Resolution - Mitigation Agreement Between the City of Dublin and RES 3) CIP No. ST0216 2022-2027 Adopted CIP 4) Budget Change Form Page 3 of 3 29 Attachment I RESOLUTION NO. XX — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH RES ENVIRONMENTAL OPERATING COMPANY, LLC FOR ENVIRONMENTAL MITIGATION SERVICES FOR THE DUBLIN BOULEVARD EXTENSION - FALLON ROAD TO NORTH CANYONS PARKWAY PROJECT, CIP NO. ST0216 WHEREAS, Staff is coordinating with Alameda County Transportation Commission (Alameda CTC) staff, Livermore staff, and Alameda CTC's design consultant, BKF Engineers and environmental subconsultant H.T. Harvey & Associates (collectively, Project Team), on the evaluation of environmental mitigation options for the Dublin Boulevard Extension — Fallon Road to North Canyons Parkway project, CIP No. ST0216 (Project); and WHEREAS, RES Environmental Operating Company, LLC (RES) is qualified and has the ability to provide project specific mitigation services; and WHEREAS, based on the evaluation of mitigation options by the Project Team, the lack of currently approved conservation banks that could satisfy all mitigation needs for the Project, the uncertainty of when a conservation bank would be available, the potentially higher cost per acre of purchasing mitigation credits from a mitigation bank, and conversations between RES and the Project Team on mitigation options, the services that RES can provide is the most cost- effective option; and WHEREAS, RES will provide the City with the entire mitigation to compensate for the unavoidable impacts to species' habitat and aquatic resources for the Project; and WHEREAS, the City desires to enter into an agreement with RES Environmental Operating Company, LLC for a not to exceed amount of $15,480,144 for environmental mitigation services for the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Mitigation Agreement with RES, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non -substantive changes to carry out the intent of this Resolution. {Signatures on the following page} Reso. No. XX-23, Item X.X, Adopted 02/07/23 Page 1 of 2 30 PASSED, APPROVED AND ADOPTED this 7th day of February 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted 02/07/23 Page 2 of 2 31 Attachment 2 MITIGATION AGREEMENT THIS MITIGATION AGREEMENT (this "Agreement") is entered into as of 2023, by and between HGS, LLC, a Virginia limited liability company d/b/a RES Environmental Operating Company, LLC ("RES"), and City of Dublin, a California incorporated City ("City") ("Permittee" and together with RES, the "Parties" and each individually, a "Party"). RECITALS: WHEREAS, City, in collaboration with the City of Livermore, is the lead agency that desires to construct a project generally described as the roadway extension of Dublin Boulevard, from Fallon Road to the Dublin city limits, continuing easterly through unincorporated Alameda County and connecting to North Canyons Parkway within the City of Livermore, commonly referred to as the Dublin Boulevard Extension project located in Alameda County, California (the "Project"); WHEREAS, the City may require approximately 0.27 ac of mixed riparian woodland, 1.75 ac of "riparian grassland" (defined as riparian habitat along creek banks), 0.30 ac of seasonal wetland, and 0.25 ac (750+ linear feet) of perennial and ephemeral stream mitigation ("Estimated Aquatic Acres"). It is the current policy of the United States Army Corps of Engineers (the "USACE"), California Department of Fish and Wildlife (CDFW), and San Francisco Regional Water Quality Control Board (RWQCB) to require unavoidable impacts to aquatic resources be mitigated through the establishment, re-establishment, rehabilitation, or enhancement of aquatic resources similar to the impacted resources in the Hydrologic Unit Code zone ("HUC") in which the impacts are located'; WHEREAS, Permittee and/or its agents have, prior to the date hereof, in good faith and using an approved method estimated that 494 acres of combined California Tiger Salamander (CTS) / California Red Legged Frog (CRLF) acres ("Estimated CTS/CRLF Acres") are expected to be required by CDFW and United States Fish and Wildlife Service (USFWS). CTS and CRLF compensation is achieved through the preservation and management of habitat supporting breeding ponds and adjacent grasslands with sufficient movement and aestivation habitat in locations near the impact site consistent with the requirements outlined in the East Alameda County Conservation Strategy2; and WHEREAS, Permittee expects to receive the following permits for the Project: Incidental Take Permit or Consistency Determination under Cal. Fish & Game Code §2081, Streambed Alteration Agreement under Cal. Fish & Game Code §§1602-1603, Section 7 Biological Opinion under the Federal Endangered Species Act, Nationwide Permit under Section 404 of the Clean Water Act, and a water quality certification under Section 401 of the Clean Water Act ("Project's Permits"); and WHEREAS, Permittee desires to engage RES to provide the regulatory support, land management and execution and administration services set forth in Exhibit A for the Project (the "Services"), which Services include the development and, if the Project's Permits are issued by the CDFW, USFWS, USACE, and RWQCB, implementation of a compensatory mitigation plan (the "Mitigation Plan") to generate the Estimated CTS/CRLF Acres and the Estimated Aquatic Acres or, if agreed pursuant to Section 3, a greater or lesser number of Acres; WHEREAS, Permittee anticipates that the Project's Permit will be issued on or before November 15, 2025 (the "Anticipated Project's Permit Date"); and NOW THEREFORE, in consideration of the undertakings, promises and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and RES agree as follows: ' https://www.spd.usace.army.mil/Portals/13/docs/regulatory/qmsref/ratio/12501-SPD.pdf z http://www.eastalco-conservation.org/about.html 1 32 Attachment 2 AGREEMENTS: 1. Engagement of RES. Subject to (i) the terms and conditions set forth herein and (ii) all required approvals of the City and any other applicable transnational, domestic or foreign federal, state or local governmental, regulatory or administrative authority, department, court, agency or official, including any political subdivision thereof (a "Governmental Authority"), RES agrees to perform, or cause its affiliates, subcontractors or agents to perform, the Services in order to develop and, if the Project's Permits are issued, implement the Mitigation Plan to generate the Estimated CTS/CRLF Acres and Estimated Aquatic Acres; provided that in lieu of providing the Services RES may obtain all or any portion of the Estimated CTS/CRLF and Estimated Aquatic Acres from mitigation banks or other sources. 2. Required Payments. (a) As consideration for the performance of the Services, Permittee shall pay RES an aggregate amount (as may be adjusted pursuant to Section 3 or Section 4, the "Purchase Price") equal to $15,523,3113 minus a $43,167 credit for work already performed (Tasks A-C and submission of Credit Summary Report to City) equaling $15,480,144, paid in installments as follows (each a "Milestone Payment"): i. On the date hereof, $774,007, equal to 5% of the Purchase Price; ii. On the date that the first draft of the Mitigation Plan is submitted to Permittee or its agents for review (or, if Permittee requests that such draft be submitted directly to the City for review, upon the date that such draft is submitted to the City), $774,007, equal to 5% of the Purchase Price; and iii. On the earlier of the (A) Anticipated Project's Permit Date and (B) issuance of the Project's Permits, $3,870,036, equal to 25% of the Purchase Price; and iv. On the date RES records a conservation easement over the property or properties included in the approved Mitigation Plan, $4,644,043, equal to 30% of the Purchase Price. v. On the date that the as-builts of the Estimated Aquatic Acres are submitted to the USACE, RWQCB, CDFW, and USFWS, $4,644,043, equal to 30% of the Purchase Price. vi. On the date that the as-builts of the Estimated Aquatic Acres are approved by the USACE, RWQCB, CDFW, and USFWS, $774,007 equal to 5% of the Purchase Price; and The Purchase Price reflects the following pricing: $29,870/acre for CTS and CRLF and $298,650/acre for Aquatic Resources (for each type specified in this paragraph, the "Price Per Acre). (b) Any amount due and payable hereunder shall be paid within thirty (30) days of such amount becoming due and payable by wire transfer or by other method as directed by the RES. Any amount paid hereunder shall, when paid, be deemed to be fully earned and non-refundable. (c) If Permittee fails to make any required payment under this Agreement: i. RES shall notify Permittee of the default within 10 business days of the potential default and in accordance with Section 7(d). RES shall not be required to perform hereunder unless and until such default is cured and shall not be responsible for any breach, liability or damages resulting from such non-performance, and ii. after a thirty (30) day cure period beginning upon RES's notification to Permittee of such non-payment, RES may, in addition to its remedies at law and equity, (x) retain all prior payments received as liquidated damages, and/or (y) terminate this Agreement. 3 The Purchase Price is calculated as $29,870/acre for Estimated CTS/CRLF Acres for 494 acres ($14,755,780) + $298,650/acre for Estimated Aquatic Acres for 2.57 acres ($767,530.50). 2 33 Attachment 2 3. Project Changes. (a) Project changes or a re-evaluation of the Project's expected impacts may affect the number of Estimated CTS/CRLF Acres and/or Estimated Aquatic Acres. Prior to the issuance of the Project's Permits, Permittee will have the right to request a change in the number of Estimated CTS/CRLF Acres and Estimated Aquatic Acres by delivering a written notice (an "Acreage Change Request") to RES describing the type and number of Acres by which Permittee desires to increase or decrease the Estimated Acres. If an Acreage Change Request reduces the Estimated Acres to zero, either Party may terminate this Agreement and Section 5(a) shall apply. (b) Promptly after receiving an Acreage Change Request, RES will use commercially reasonable efforts to deliver a written proposal (an "Acreage Change Proposal") to modify the Mitigation Plan to generate additional Acres or reduce the number of Acres generated by the Mitigation Plan. The Acreage Change Proposal will include RES' proposed increase or decrease, as applicable, in the Purchase Price given such modifications. (c) Permittee and RES will discuss the Acreage Change Proposal in good faith. If the Parties agree on the Acreage Change Proposal, including any modifications to the Acreage Change Proposal agreed to by the Parties, RES will implement the Acreage Change Proposal. If the Parties cannot agree on a final version of the Acreage Change Proposal within 30 days of its delivery to initial delivery to Permittee, either Party may terminate this Agreement and Section 5(a) shall apply. RES and Permittee each agree to do such further lawful acts as are reasonably necessary to give effect to the intent of this Section 3. 4. Changes in Regulations. (a) If, prior to the issuance of the Project's Permits, there is a change in any rules, guidance, regulations or the Methodology or the application thereof (a "Change in Regulations"), RES will use commercially reasonable efforts to deliver a written proposal (the "Change in Regulations Proposal") to modify the Mitigation Plan to address the Change in Regulations. The Change in Regulations Proposal will include RES' proposed change in the Purchase Price, if any, given such modifications. (b) Permittee and RES will discuss the Change in Regulations Proposal in good faith. If the Parties agree on the Change in Regulations Proposal, including any modifications to the Change in Regulations Proposal agreed to by the Parties, RES will implement the Change in Regulations Proposal. If the Parties cannot agree on a final version of a Change in Regulations Proposal within 30 days of its initial delivery to Permittee, either Party may terminate this Agreement and Section 5(a) shall apply. (c) Notwithstanding anything to the contrary herein, any modification to the Mitigation Plan is conditioned upon the receipt of all required Governmental Authority approvals, and in no event will RES be liable to Permittee or any other party if RES is unable to modify the Mitigation Plan to accommodate an Acreage Change Request or Change in Regulations. 5. Termination. (a) If either Party terminates this Agreement as permitted by Section 3 or Section 4, then (i) any Milestone Payments that have been paid, or are at the time of termination due and payable to RES, shall be retained by and/or paid to RES as compensation for Services performed, (ii) Permittee shall not owe any additional amounts to RES, (iii) RES shall not have any additional obligations to Permittee and (iv) both Parties shall execute and deliver such additional documents, instruments, conveyances, and assurances and take such further actions as may be reasonably required to carry out the intent of this Section 5, including as required by any Governmental Authority. (b) If RES terminates this Agreement as permitted under Section 2(c), then, without limiting Permittee's obligations or liabilities to RES arising from such breach, RES shall be relieved of its responsibilities hereunder and shall have no further obligations to Permittee. 3 34 Attachment 2 (c) Termination under this Section 5 shall not be deemed to relieve any Party of any obligations that expressly survive termination of this Agreement (e.g., confidentiality obligations under Section 7(a)). 6. Responsibilities, Representations and Covenants. Permittee and RES each, as applicable, expressly acknowledge, represent, covenant and agree that: (a) RES is not responsible for the calculation of the number and type of Estimated CTS/CRLF Acres and Estimated Aquatic Acres ultimately required by the Governmental Authorities as a condition to the approval of the Project's Permits; (b) The number of Acres ultimately required by the Governmental Authorities as a condition to the approval of the Project's Permits may be greater than the Estimated CTS/CRLF Acres and/or Estimated Aquatic Acres, and RES is not responsible for providing such Acres unless agreed pursuant to Section 3; (c) RES is responsible for compliance with, and will comply with, applicable laws, rules and regulations related to the performance of the Services, and Permittee is responsible for compliance with, and will comply with, any other applicable laws, rules and regulations related to the Project, including the Project's Permits; (d) Permittee (i) has provided RES with true, correct and complete copies and/or summaries of any correspondence or requirements from any Governmental Authority related to the Mitigation Plan and compensatory mitigation requirements associated with the Project or the Project's Permits and (ii) shall promptly provide to RES true, correct and complete copies or summaries of any such correspondence or requirements received or occurring after the date hereof; and (e) Permittee shall execute and deliver such additional documents, instruments, conveyances, and assurances and take such further actions as may be reasonably required to carry out the intent of the provisions hereof. 7. Miscellaneous. (a) Confidentiality. The Parties acknowledge that this Agreement, including its contents, shall be subject to public disclosure by Permitee pursuant to the California Brown Act, California Public Records Act, and all other applicable laws pertaining to disclosure by public entities, and Permitee shall not be limited in any manner whatsoever with respect to its public disclosure of this Agreement, including the contents therein. Nor shall the Parties be prohibited from providing this Agreement or the terms hereof to their attorneys, consultants, professional advisors, and current and prospective investors and primary lenders. Permittee agrees that it shall not, without the prior written consent of RES, which consent may be withheld by RES in its sole discretion, contact or communicate directly or indirectly with any landowners, third party easement holders or other parties to any conservation easement or similar documents affecting the property from which RES has established a purchase or option agreement and intends to satisfy the Estimated CTS/CRLF Acres and Estimated Aquatic Acres. The terms and conditions of this paragraph shall survive any termination of this Agreement. (b) Governing Law and WAIVER OF JURY TRIAL. This Agreement and all matters arising out of or relating to this Agreement are governed by the laws of California, including its statutes of limitations, without giving effect to any conflict of laws provisions thereof. Any Party may institute any legal suit, action, or proceeding arising out of or relating to this Agreement in the federal or state courts in each case located in Houston, Texas. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS; (B) WAIVES ANY OBJECTION TO THAT CHOICE OF FORUM BASED ON VENUE OR TO THE EFFECT THAT THE FORUM IS NOT CONVENIENT; AND (C) WAIVES ANY RIGHT TO TRIAL BY JURY. The provisions of this paragraph shall survive the expiration or termination of this Agreement. (c) Counterparts and Authorization. This Agreement may be signed by facsimile signature, which signature shall be deemed to constitute an original signature and be binding as such. This Agreement may be executed in identical counterparts, each of which when so executed and delivered will constitute an original, but all of which taken together will constitute one and the same instrument. The Parties each represent that the person signing this Agreement on their behalf is duly authorized to sign this Agreement. 4 35 Attachment 2 (d) Notices. All notices, requests, consents, claims, demands, waivers, approvals and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on its signature page (or to such other address that may be designated by the receiving party from time to time in accordance with this Section 7(d)). All Notices shall be delivered by personal delivery, nationally recognized overnight courier or email (with confirmation of transmission) or certified or registered mail. A Notice is effective only (i) upon receipt by the receiving party, and (ii) if the Party giving the Notice has complied with the requirements of this Section 7(d). The provisions of this paragraph shall survive the expiration or termination of this Agreement. (e) Entire Agreement, Severability and Waiver. This Agreement embodies the entire agreement between the Parties and supersedes all prior agreements and understandings relating to the subject matter of this Agreement. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by any Party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver of such Party's right to enforce against the other Party the same or any other such term or provision in the future. The provisions of this paragraph shall survive the expiration or termination of this Agreement. (f) No Interest. No provision of this Agreement shall be deemed to grant to Permittee or any other party any interest in any property of RES or any of its affiliates. If, despite the terms hereof, any tribunal or court determines that a payment made pursuant to this Agreement is a pre -payment not yet fully earned by RES, Permittee grants RES a security interest in any and all funds Permittee has delivered or deliver to RES pursuant to this Agreement, whenever delivered; this security interest secures all indebtedness and payment obligations of Permittee to RES arising under this Agreement, whether now existing or hereafter arising. (g) Force Majeure. Except for the payment of monetary amounts due pursuant to Section 2 hereof, no Party shall be liable or responsible for failure to satisfy its obligations hereunder if such failure is attributable to Force Majeure. As used herein, "Force Majeure" means any of the following: fires, floods, storms, earthquakes, other weather events, strikes, riots, acts of God, shortages of labor or materials, war, terrorist acts or activities, governmental laws, regulations, or restrictions, adverse determinations from any such parties, delays in permitting or approvals from any governing bodies, changes to the scope of work that extend the time period necessary to complete the Services, delays to a Party that are caused by the other Party or any third party, discovery of environmental contamination or other adverse site conditions that suspend or delay the performance of the Services, the actions, faulty work or defective work of any third party for whom the delayed Party is not responsible, or any other causes of any kind whatsoever which are beyond the reasonable control of the responsible Party. (h) Amendment and Assignment. This Agreement may not be changed, amended or modified except by an instrument in writing signed by all Parties. This Agreement shall be binding upon the Parties and their respective successors and assigns; however, this Agreement may not be assigned by any Party without the prior written consent of the other Parties, which consent shall not be unreasonably withheld, conditioned or delayed. The foregoing restriction shall not be deemed to prohibit (i) the assignment or transfer of this Agreement by any Party to (x) any third party that controls, is controlled by, or is under common control with, the assigning Party, or (y) any purchaser of all, or substantially all, of the assets of the assigning Party, as long as, in each case, the assignee agrees to assume all obligations of the assigning Party hereunder, or (ii) the pledge or collateral assignment of this Agreement, or any rights and/or remedies hereunder, by any Party to its primary lender(s) as collateral for such Party's obligations under any secured credit facility. (i) Consequential Damages. Notwithstanding any provision of this Agreement to the contrary, no Party to this Agreement shall be liable for any lost or prospective profits or any other indirect, consequential, special, incidental, punitive, or other exemplary losses or damages, whether based in contract, warranty, indemnity, negligence, strict liability or other tort or otherwise, regardless of the foreseeability or the cause thereof. Each Party expressly agrees that the members, partners and shareholders of any defaulting or breaching Party hereunder are not jointly, solidarily or severally liable for any costs, expenses, losses or damages arising from such Party's breach or default under this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement. (j) Interpretation. Section headings are included for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement and should not be used to construe or interpret this Agreement. 5 36 Attachment 2 Any singular term in this Agreement shall be deemed to include the plural, and any plural term the singular. Whenever the words "include", "includes" or "including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation", whether or not they are in fact followed by those words or words of like import. "Writing", "written" and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The schedules and exhibits referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein; provided that in the event of any conflict between the body of this Agreement and an Exhibit, the terms of the body of the Agreement shall control. (k) Independence of Parties. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or an employer/employee or agency relationship. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 6 37 Attachment 2 NOW THEREFORE, the Parties have caused this Agreement to be executed, sealed and delivered, all as of the date first written above. RES: [RES ENTITY] By: [HGS, LLC d/b/a RES Environmental Operating Company, LLC, a Virginia limited liability company, its manager] By: Name: Title: Date: Address: 6575 West Loop South, Suite 300 Bellaire, Texas 77401 Attn: Sam Burley, General Counsel Email: sburley@res.us PERMITTEE: City of Dublin, a California incorporated city By: Name: Linda Smith Title: City Manager Date: Address:100 Civic Plaza, Dublin CA 94568 Attn: City Engineer Email: public.works@dublin.ca.gov 7 38 Attachment 2 EXHIBIT A Scope of Work (See attached.) 8 39 Attachment 2 RES has already acquired suitable land to provide the mitigation for the Dublin Boulevard Extension (Project) on behalf of the City. The purpose of the Mitigation Plan is to compensate for unavoidable impacts to species' habitat and aquatic resources associated with the Project. Working with clients as early as possible in project life cycles is a top priority for RES, allowing us to execute as a trusted advisor, planning effectively for complex mitigation solutions. This role enables us to analyze all project parameters and offer guidance on cost-effective solutions. For the Project, RES has developed a solution that will meet all mitigation needs, aligning with your permitting needs and conditions, resulting in success. RES has restored and protected over 62,000 acres of wetlands, conserved and restored over 400 miles of streams, and reduced over 280 tons of nutrients and preserved, restored and managed over 15,000 acres of special -status species habitat. Together, our employees have planted 20,000,000 restorative trees across the country and have provided compensatory mitigation solutions that have helped our clients obtain over 3,980 federal and state permits. Project Phases Below is a description of the phases of the project and a detailed scope for each task that RES will perform in order to complete each phase culminating in the delivery of the Estimated CTS/CRLF Acres and Estimated Aquatic Acres. Tasks A- D from the Advisory Services Agreement are complete: • Environmental DNA Sampling of Onsite Ponds • Nightime Surveys for CTS/CRLF Juveniles and Adults • Wetland, Riparian, and Stream Mitigation Feasibility Study • Credit Analysis and Summary Report Additionally, RES has completed Phase 1, recommended here. Phase 1: Property Acquisition and Due Diligence • Preliminary title report • Phase 1 environmental site assessment • Mineral assessment RES will include the following Phases as part of the Services Phase 2: Baseline Studies • Biological resources report • Rare plant surveys • Jurisdictional determination • Focused wildlife species surveys • Surface water hydrologic and hydraulic analysis • Cultural resources survey Phase 3: Plan Development • Offsite mitigation compensatory restoration plan • Long-term management plan • Conservation easement Phase 4: Permitting • California environmental quality act (CEQA) approval Alameda County planning department coordination Section 1602 lake and streambed alteration agreement Section 404 nationwide permit Section 401 water quality certification • Section 7 biological assessment • CDFW endangered species act coordination Phase 5: Restoration Implcmcntation • Habitat construction 9 40 Attachment 2 • As -built report Phase 6: Maintenance and Monitoring • Mitigation site maintenance • Annual reporting PHASE 2 — BASELINE STUDIES Biological Resources Report Based on a review of the CDFW Natural Diversity Database (CNDDB) and the USFWS county list, RES will compile a preliminary list and GIS occurrence maps of special status wildlife species with potential to occur in the vicinity of the mitigation site. Site visits will be undertaken and the mitigation site will be traversed on foot and the habitat assessed to determine suitability for special status wildlife and plants. The field inspection will include rare plant surveys and focused wildlife surveys, detailed below. The site visits will be conducted by biologists with experience surveying for rare plant species and sensitive vegetation communities. This will be accomplished using GPS and hand -drawing the extents of the various vegetation communities on aerial photographs in the field. The field biologists will work with GIS staff to prepare a map of the vegetation communities of the mitigation site including non-native invasive species infestations. The map will include potential sensitive wetland features mapped during the wetland delineation, in addition to other sensitive habitats such as riparian habitat, native grassland, or other communities considered sensitive by the CDFW. Where it is necessary to make a determination of habitat sensitivity, vegetation communities will be assigned to the alliance level as described in A Manual of California Vegetation, 2nd Edition. The Biological Resources Report will discuss the results of the literature search, field reconnaissance, and focused rare plant and wildlife surveys. Potential use of the properties by any sensitive species will be ranked as unlikely, moderate, or high depending upon the suitability of the habitat or proximity of any known records uncovered in the database search. If any sensitive species are observed, they will be reported in the findings. Any identified potential restoration opportunities or land management practices that could benefit special status species or improve the conservation value of the mitigation site will be discussed. Jurisdictional Determination The jurisdictional determination will identify the potential jurisdiction of the San Francisco Army Corps District under Section 404 of the Clean Water Act, the RWQCB under Section 401 of the Clean Water Act, and CDFW under Section 1602 of the California Fish and Game Code. A complete jurisdictional determination will be conducted within the mitigation site in accordance with the Army Corps San Francisco District criteria for the delineation of wetlands and other guidance related to jurisdictional determinations for "waters of the United States." Additionally, the wetland delineation will define features that fall under the RWQCB's 401 jurisdiction according to the State Water Resources Control Board's State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State as well as the boundary of CDFW stream and riparian areas under Section 1602. The fieldwork will be conducted in conformance with the routine methods described in the latest Army Corps delineation guidelines, the Arid West Regional Supplement to the Corps of Engineers Wetland Delineation Manual, the Field Guide to the Identification of the Ordinary High Water in the Arid West Region of the Western United States, as well as the State Water Board's definitions and CDFW policies regarding stream and riparian areas. Data collected in the field will be entered on standard Arid West delineation and ordinary high water mark data forms. The identified boundaries of the wetlands and ordinary high water mark will be mapped in the field using a GPS with one -meter resolution and will use this data to plot the boundaries on the selected base map. The data collected will be reviewed to determine areas which meet the wetlands, waters, and riparian area criteria under Army Corps, Regional Water Quality Control Board, and CDFW guidelines. A report will be prepared in accordance with the format required by the San Francisco Army Corps District. In order for the jurisdictional determination to be considered official, the Army Corps must conduct a site visit to examine the potentially jurisdictional features and request potential changes to the delineation. After the site visit, any edits requested by the Army Corps will be made prior to the Army Corps verifying the accuracy of the delineation. RES will be available for site visits with the RWQCB and CDFW if desired. Rare Plant Surveys 10 41 Attachment 2 There is a strong likelihood that rare plant surveys will need to be conducted on the mitigation site. During such surveys, any populations of special status plant species identified within the mitigation site will be noted and mapped using GPS. Survey methods will follow the CNPS Botanical Survey Guidelines, which includes visiting rare plant reference populations in the vicinity and/or herbarium specimens prior to each survey, creating a floristic list of every plant observed in each habitat type identified to the species level, and photographing or collecting a voucher specimen (in accordance with applicable state and federal permit requirements) of each observed rare plant species. A rare plant report will be prepared to discuss the results of the literature search and field reconnaissance. Focused Wildlife Surveys Focused wildlife surveys will be conducted for species potentially onsite or those with potentially suitable habitat onsite. This will be done to support City's mitigation requirements and permitting efforts needed to construct the mitigation site. The focused wildlife surveys within the mitigation site could include the following surveys depending upon input from CDFW and USFWS: • California Tiger Salamander • California Red Legged Frog • Burrowing Owl Standard survey protocols will be utilized. However, there may be instances where unique techniques, methods, or approaches such as environmental DNA (eDNA) sampling could be advantageous to the mitigation site. RES has experience complementing standard methodologies with innovative approaches such as eDNA. Surface Water Hydrologic and Hydraulic Analysis All local data sources for stream flow, precipitation, evapotranspiration, will be collected and analyzed. The analysis will be utilized for recognizing trends, preparing predictive assumptions regarding hydrology, and provide supporting information to develop hydrologic and hydraulic (H&H) models. The proposed models will be used to determine important design parameters necessary to construct the Estimated Aquatic Acres and provide background for predictive analysis regarding supporting hydrologic trends. Specific questions that will be addressed by the surface water hydrologic and hydraulic analysis are as follows: • What are the local hydrologic trends in terms of average wet, average dry, and average year conditions? • What are the local flow duration statistics for the upstream, downstream and at the proposed site and how does that support the existing riparian vegetation? • What is the stream response to event conditions in terms of depth of water, max/average shear, and max/average velocity? • How does the stream response information coincide with the existing riparian area determined in the data collection task? This will assist RES in making decisions about the proposed vegetation layout. To answer the above questions RES proposes to calibrate the proposed predictive models to the extent the local data will allow and use the models to: • Fill gaps in stream flow records • Make predictive decisions about how the local hydrology will support the proposed riparian corridor. Using industry standard techniques, base flow will be estimated for the mitigation site using the existing stream flow data first and synthetic data from the calibrated model in data gap years. A technical memorandum will be developed to summarize surface water hydrology. Cultural Resources Survey A complete cultural resources survey will be conducted to ensure that no sensitive archaeological or historical resources are present within the mitigation site where activities are planned. This investigation will meet all the federal and state requirements set by the Secretary of the Interior (SOI) and the State Historic Preservation Office (SHPO) necessary to obtain permits from the various agencies. The investigation is designed to meet or exceed the 11 42 Attachment 2 requirements of the California Environmental Quality Act (CEQA). Investigation methods will include pre -field research and field reconnaissance. PHASE 3 — PLAN DEVELOPMENT Offsite Mitigation Compensatory Restoration Plan An offsite mitigation compensatory restoration plan will be prepared to outline the steps for successful mitigation implementation, monitoring, and maintenance prior to achieving the mitigation site's performance standards. The details of the offsite mitigation compensatory restoration plan would include items such as a property description, description of onsite biological resources, vegetation map, identification of mitigation activities proposed to preserve, enhance, restore or establish habitats within the mitigation site, and identification of performance standards for proposed mitigation activities. This plan will identify all of the direct actions that will take place to generate the proposed mitigation as well as identify the necessary infrastructure to support the proposed mitigation. The content will be largely dependent on the designs included in the plan. Detailed design plans will be included in the plan based upon the requirements in the Project. The detailed designs will include irrigation plans, planting plans, and illustrative cross -sections for restoration actions. The detailed designs will be used to accurately determine the amount of mitigation that will be generated within the mitigation site. These designs will be prepared to a level of detail sufficient to receive all permits from the. USACE, CDFW, USFWS, and RWQCB. Long -Term Management Plan Once the mitigation site has met the performance standards identified in the offsite mitigation compensatory restoration plan then the operation of the mitigation site is governed by the long-term management plan. RES will develop a long-term management plan identifying any habitat or land management activities that will be needed along with the endowment necessary to carry out such management in perpetuity. The details of the long-term management plan will include items such as a property description, description of onsite biological resources, vegetation map, identification of activities allowed and prohibited on the mitigation site, identification of biological goals and objectives for the mitigation site, and management activities to occur within the mitigation site. The contents of this plan will determine the up -front cost that must be contributed to a non -wasting endowment fund once the mitigation site is approved. The cost of funding an endowment can vary widely based on available capitalization rates and the management needs of a specific property as negotiated during the approval process. Long- term management costs will be estimated based on the long-term management plan and an endowment fund analysis and schedule document will be created which will outline the amount of the endowment required to fund long-term management of the mitigation site, describe the assumptions used in the analysis, and will outline the schedule for funding the endowment account. The long-term management plan will also discuss the conservation easement and endowment holder. Conservation Easement RES will develop and negotiate the terms of the conservation easement using approved agency templates previously used on mitigation properties in the area. RES will select and coordinate with a conservation -oriented non-profit to hold the conservation easement. Once the terms of the conservation easement are finalized with the regulatory agencies and the non-profit, and the offsite mitigation compensatory restoration plan is approved by the regulatory agencies then RES will ensure that the conservation easement is recorded at the Alameda County recorders office. PHASE 4 - PERMITTING California Environmental Quality Act (CEQA) Approval RES will assist the Alameda County Planning Department in certifying a CEQA document covering the restoration action to be conducted within the mitigation site. The Initial Study checklist will be prepared using information from the biological resources report, cultural resources report, Phase I Environmental Site Assessment, and restoration plans. RES will prepare responses to any comments received during the public comment period as well as attend meetings with the Alameda County Planning Department. If a CEQA exemption is not granted for the mitigation site, we anticipate that a mitigated negative declaration (MND) will be prepared for the project. Alameda County Planning Department Coordination 12 43 Attachment 2 There are a variety of local requirements that may need to be addressed. These may include but are not limited to, addressing local zoning regulations for consistency, obtaining a grading permit, approval of irrigation plan, etc. RES will ensure that any local permitting requirements associated with establishing the mitigation site are met. Section 1602 Lake and Streambed Alteration Agreement The construction of the mitigation habitat could impact watercourses subject to CDFW jurisdiction in the mitigation site. CDFW requires any person who may affect the bed or bank of a perennial, intermittent, and ephemeral river, stream or lake to request a Section 1602 Lake and Streambed Alteration Agreement. The CDFW Section 1602 application requires the applicant to complete a permit application form, a project environmental questionnaire and provide supplemental data regarding issues raised upon completion of the project environmental questionnaire. RES will provide the necessary information required to submit the permit application, project environmental questionnaire, and supplemental information to the CDFW and will coordinate with CDFW to obtain the Section 1602 Lake and Streambed Alteration Agreement. Section 404 Nationwide Permit Restoration actions within the mitigation site could result in impacts to existing aquatic features subject to Army Corps jurisdiction. As a result, a permit could be required to conduct the restoration activities. The permit application will describe the permanent and temporary impacts to existing wetland and waters habitat. More importantly, it will describe where the new wetland and water habitats are restored and illustrate the resulting increase in habitats subject to Army Corps jurisdiction. If an Army Corps nationwide permit is required, RES will prepare the permit application and conduct the necessary coordination in order to receive the permit. Section 401 Water Quality Certification The RWQCB must provide its approval of all permits issued by the Army Corps. Therefore, if an Army Corps nationwide permit is required for project approval, a Section 401 Water Quality Certification application will also be submitted to the RWQCB. RES will be responsible for preparing and obtaining this permit. Section 7 Biological Assessment Restoration actions within the mitigation site may have the potential to impact federal -listed wildlife species. As a result, the Army Corps must consult with USFWS during the processing of the potential Army Corps nationwide permit. As a part of this consultation, RES will prepare a Section 7 Biological Assessment Report so that the Army Corps can initiate consultation with USFWS. This report will summarize the status of federal -listed species within the mitigation site and analyze potential project -related impacts. Avoidance and mitigation measures will also be provided in this document. CDFW California Endangered Species Act Coordination Similarly, restoration actions within the mitigation site may have the potential to impact state -listed wildlife species. In the event that an Incidental Take Permit (ITP) for impacts to State -listed species is necessary, an application for a 2081 from CDFW will be compiled and submitted with the goal of obtaining a Memorandum of Understanding (MOU), to be followed by a signed ITP and Notice of Determination or a Consistency Determination of the USFWS Biological Opinon. PHASE 5 — RESTORATION IMPLEMENTATION Habitat Construction As a facet of our comprehensive design -build project delivery approach, we pride ourselves on our distinctive ability to provide custom mitigation solutions tailored to each individual client's needs. In addition to our technical staff, our in-house resources include specialty ecological construction equipment, vehicles and safety management, plant nurseries, and project management tools. These means give RES the unique ability within the industry to tackle complex projects of varying sizes with the capability to problem solve and execute on the permitting, design, implementation, survey, revegetation, and maintenance & monitoring fronts. Our construction implementation team will include in-house RES construction oversight staff, design team representatives, and field crews. 13 44 Attachment 2 RES will complete all of the tasks required to construct the mitigation habitats described in the mitigation compensatory restoration plan including but not limited to: • Mobilization • Site preparation, including erosion & sediment control • Construction stakeout, • Native plant material acquisition • Grading (if required) • Non-native vegetation removal • Irrigation installation • Native plant installation • Demobilization approved offsite As -Built Report RES will be responsible for submitting as -built drawings of the mitigation site, with accurate maps of the established, enhanced, and/or restored mitigation habitat to the regulatory agencies following completion of construction. The as - built drawings shall consist of full-size construction plans, with as -built conditions clearly shown. The as -built drawings and any associated report must describe in detail any deviation from the approved offsite mitigation compensatory restoration plan. RES will also incorporate ground photos and aerial drone imagery into the as -built report to further assist the regulatory agencies in verifying that the habitat was constructed in accordance with the approved offsite mitigation compensatory restoration plan. PHASE 6 — MAINTENANCE AND MONITORING Mitigation Site Maintenance The mitigation site will be managed in accordance with the offsite mitigation compensatory restoration plan until all performance standards are met and then governed by the long-term management plan after performance standards are met. RES will be responsible for maintaining the mitigation site under both plans. RES' responsibilities will include review of all available monitoring data, identifying appropriate adaptive management actions, and executing all pre- determined management tasks outlined in the plans. Our habitat management and maintenance crew will complete these tasks during required site visits following construction. Potential tasks could include invasive plant species control, repairing infrastructure such as fences and gates, monitoring for signs of trespass, and all other tasks required by the plans. Annual Reporting In accordance with regulatory agency requirements for mitigation properties, monitoring surveys will be conducted within the mitigation site to qualitatively and quantitatively assess the condition of the restored habitat. Monitoring tasks will be completed to ensure the terms of the offsite mitigation compensatory restoration plan are executed and that suitable data is collected to assess the mitigation site's progress towards meeting its performance standards. Examples of quantitative assessments include invasive plant cover surveys and native species plant cover, abundance, and diversity surveys within aquatic resource areas. Qualitative assessments will be conducted to assess the overall condition of the mitigation site and identify any additional threats to the preserved, enhanced, restored, or established resources and habitats not specifically mentioned in the offsite mitigation compensatory restoration plan. RES will be responsible for completing and submitting the annual reports to the regulatory agencies until all performance standards are met. After the mitigation site's performance standards have been met, RES will be responsible for completing and submitting annual reports in line with the requirements outlined in the approved long-term management plan. 14 45 Attachment 2 CONTRACT DELIVERABLES AND RES REPORTING Below is a summary of the deliverables RES will provide to City include estimated timing and reporting requirements. A full project schedule is also included below. Contract Deliverable Final Product Delivery RES Reporting Phase 1 -Property Due Diligence and Property Assessment and Warranty Provide to City within 60 days of contract execution This package will include all the real estate elements required by CDFW to verify that the property does not have legal or physical encumbrances preventing it from being a mitigation site. Phase 2 — Baseline Studies Sept -Oct 2023 RES is currently conducting many of these studies. These will continue through August 2023 to capture specific biological windows for potential sensitive species onsite. RES agrees to provide regular updates of the status of these surveys. Phase 3 - Draft and Final Offsite Mitigation Compensatory Restoration Plan Nov -Dec 2023 RES will share initial drafts of the mitigation plan with City as well as the final draft prior to submitting to CDFW and other regulatory agencies. Furthermore, the revised version after CDFW and other regulatory agency comments are received will be provided to City prior to submitting the final mitigation plan. City comments will be incorporated into the draft and final if provided. Phase 4 — Permits Necessary to Implement Mitigation Plan Jan -Feb 2024 RES will share drafts of the permit applications with City prior to submission and will update City on the status of permit preparation and acquisition. Phase 5 — As Built Report Nov -Dec 2024 RES will provide City with construction updates during the implementation of the project and can host onsite inspections during the construction phase of the project. Phase 6 — Annual Reporting and Maintenance 2025-20304 If requested, RES can and will provide a draft of each annual report prior to submitting to the regulatory agencies. Comments received from City will be incorporated into each annual report prior to submission. If City does not wish to review each report prior to submission then RES will copy City when each report is submitted. 5265466.1 4 It is expected that five years of monitoring will be required. However, if the regulatory agencies require longer monitoring than RES will take on that requirement with no increased price to Permittee. 15 46 Attachment 3 Number ST0216 DUBLIN BOULEVARD EXTENSION - FALLON ROAD TO NORTH CANYONS PARKWAY Program REETS PROJECT DESCRIPTION This project provides for the environmental review, preliminary engineering, design and construction of the 1.5 mile extension of Dublin Boulevard from Fallon Road to North Canyons Parkway in Livermore. The extension is planned to have four to six travel lanes, bike lanes, a Class 1 bike/multi-use path, sidewalk, curb and gutter, traffic signals, street lighting, landscaped medians, bus stops, and all city street utilities. The preliminary engineering and Environmental Impact Report (EIR) cost allocation between the City of Dublin and City of Livermore is governed by a Memorandum of Understanding approved by the City Council on April 19, 2016. On November 1, 2016, the City Council approved a contract for Preliminary Engineering and EIR. On April 27, 2017, Alameda County Transportation Commission (ACTC) approved $8.233 million of Measure BB Grant funds for the design and environmental phases of the project starting with the Fiscal Year 2017-18 funding. The project EIR and precise roadway alignment was completed in 2020, after which ACTC took the lead in final design. The NEPA Environmental Assessment was completed in early 2021 with a Finding of No Significant Impact. The preliminary engineering level cost estimate for this project is currently at $180.5 million, which includes all project mitigation costs and indirect impacts mitigation and is anticipated to be divided among the City of Dublin and the City of Livermore based on street length in each jurisdiction. It is expected that the City of Dublin share will be approximately $120.7 million, and the City of Livermore share will be $59.8 million. The unincorporated Alameda County's costs will be shared between the City of Dublin and City of Livermore with the final cost allocation to each jurisdiction to be defined by a Cooperative Agreement. The $16.3 million identified as "Other" funding is from Tri-Valley Transportation Development Fee. ANNUAL OPERATING IMPACT: TBD MANAGING DEPARTMENT: Public Works 2022-2027 CAPITAL IMPROVEMENT PROGRAM ESTIMATED COSTS PRIOR YEARS 2021-2022 BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE YEARS TOTALS 9100 Salaries & Benefits $55,615 $239,895 9200 Contract Services $1,107,530 $466,414 9300 Land/Right of Way 9400 Improvements 9500 Miscellaneous $3,950 $23,515 9,824 $99,944 $7,000,056 $9,200,0001 $16,300,000 $200,000 $595,454 $9,850,912 $11,424,856 $21,485,289 $28,485,345 $70,971,451 $70,971,451 $9,227,465 0,704,571 FUNDING SOURCE PRIOR YEARS 2021-2022 BUDGET 2022-2023 2024-2025 FUTURE 2025-2026 2026-2027 YEARS TOTALS 1001 General Fund 2217 Measure BB Grants $439,824 $123,000 $60,176 2220 Road Maint. & Rehab. Account (RMRA) $172,703 $67,302 $123,000 $500,000 $240,004 FUNDING SOURCE 4301 Eastern Dublin Transportation Impact Fee 9997 Other PRIOR YEARS 9998 Unidentified TOTAL 2021-2022 BUDGET $554,568 $479,347 $1,167,095 $729,824 2022-2023 2023-2024 2024-2025 2025-2026 $16,300,000 2026-2027 FUTURE YEARS TOTALS $1,033,915 $16,300,000 $102,507,652 $102,507,652 $102,507,652 $120,704,571 ANNUAL OPERATING IMPACT Attachment 4 From Un-Appropriated Reserves From Designated Reserves CITY OF DUBLIN FISCAL YEAR 2022-23 BUDGET CHANGE FORM Budget Change Reference #: City Council's Approval Required Budget Transfer Between Funds DECREASE BUDGET AMOUNT Account Amount Other INCREASE BUDGET AMOUNT Account Amount EXP: Dublin Blvd Extension (ST0216) ST0216.9200.9201 (Contract Services) $15,480,144 ST0216.4302 (3600.9610.49999) - EDTIF Funding Surce/Transfers In $1,737,585 4302.9610.89101 - EDTIF Transfers Out $1,737,585 ST0216.1101 (3600.9610.49999) - GF Assigned Reserve Funding Source/Transfers In $13,742,559 1101.9610.89101 - General Fund Assigned Reserve Transfers Out $13,742,559 REASON FOR BUDGET CHANGE Contract services agreement with RES Environmental Operating Company, LLC to provide environmental mitigation services for the Dublin Boulevard Extension - Fallon Road to North Canyons Parkway project. As Presented at the City Council Meeting 2/7/2023 **********Finance Use Only********** Posted By: Date: 49