Dublin City Council
July 19, 2022

July 19, 2022 Dublin City Council Regular Meeting Agenda 1

COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Jean Josey, Vice Mayor 100 Civic Plaza
Shawn Kumagai, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Michael McCorriston, Councilmember

Regular Meeting of the

DUBLIN CITY COUNCIL

Tuesday, July 19, 2022 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568

REGULAR MEETING 7:00 PM
Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public, without making available any physical location for the public.

Additional Meeting Procedures Available During the COVID-19 Pandemic

This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings

Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures:

 Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, July 19, 2022. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed.

 Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.

 When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.

1 July 19, 2022 Dublin City Council Regular Meeting Agenda 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ORAL COMMUNICATIONS

3.1 Employee Introductions
New City of Dublin Staff members, Sunmi Song with the Community Development Department, Maxwell Waechter and Debbie Bell with the Public Works Department, and Kevin Coffee with the Parks and Community Services Department, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff members.

Staff Report

3.2 Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.

4.1 Approval of the June 21, 2022 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the June 21, 2022 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the June 21, 2022 Regular City Council Meeting.

Staff Report
Attachment 1 - June 21, 2022 Regular City Council Meeting Minutes

4.2 Appointments to the City Council 2022 Ad-Hoc Audit Review Committee The City’s independent auditor, Badawi and Associates, has commenced the field work necessary to complete the Annual Comprehensive Financial Report for year ending June 30, 2022. The City Council will consider the establishment of an Ad-Hoc Committee, comprising two City Councilmembers, who will review the audit process and final report with the auditors.

STAFF RECOMMENDATION:

Confirm the Mayor’s recommendation of Councilmembers Hu and McCorriston as the 2022 Ad-Hoc Audit Review Committee.

Staff Report

2 July 19, 2022 Dublin City Council Regular Meeting Agenda 3

4.3 Agreement for Toxicology Testing Services
The City Council will consider an agreement for toxicology testing services with Redwood Toxicology Laboratory, Inc.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Agreement with Redwood Toxicology Laboratory, Inc.
for the Provision of Toxicology Testing Services.

Staff Report
Attachment 1 - Resolution Approving an Agreement with Redwood Toxicology Laboratory, Inc. for Toxicology Testing Services
Attachment 2 - Exhibit A to the Resolution - Agreement with Redwood Toxicology Laboratory, Inc.

Attachment 3 - Alameda County Forensic Toxicology Testing Services - RFP Report

4.4 Project Funding Agreements with Alameda County Transportation Commission for Various Crosswalk and Traffic Signal Modification Improvements The City Council will consider approving project funding agreements with Alameda County Transportation Commission to fund crosswalk improvements and traffic signal modifications as part of Dublin’s Citywide Bicycle and Pedestrian Improvements project (CIP No. ST0517).

STAFF RECOMMENDATION:

Adopt the Resolution Approving Project Funding Agreements with Alameda County Transportation Commission for Crosswalk Improvement Projects.

Staff Report
Attachment 1 - Resolution Approving Project Funding Agreements with Alameda County Transportation Commission for Crosswalk Improvement Projects Attachment 2 - Exhibit A to the Resolution - Project Funding Agreement No. A22-0010 Attachment 3 - Exhibit B to the Resolution - Project Funding Agreement No. A22-0026 Attachment 4 - Exhibit C to the Resolution - Project Funding Agreement No. A22-0027 Attachment 5 - CIP No. ST0517

4.5 Second Amendment to Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay
The City Council will consider a second amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay to increase the not-to- exceed compensation amount for the provision of recreational classes.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Second Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay for Recreation Services.

Staff Report
Attachment 1 - Resolution Approving a Second Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri Valley East Bay Attachment 2 - Exhibit A to the Resolution - Second Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay

4.6 Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 Cases
From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act 3 July 19, 2022 Dublin City Council Regular Meeting Agenda 4

provisions. In October 2021, the City returned to in-person meetings and the Brown Act was amended to allow for teleconferencing during a state of emergency. Under the new law, AB 361, the City can continue to conduct virtual meetings where the Governor has proclaimed a State of Emergency, or state or local health officials have imposed or recommended social distancing, if the City Council makes certain required findings.

From January 11 – February 10, 2022, and since May 3, 2022, the City Council has operated under a resolution pursuant to AB 361 authorizing teleconferenced meetings for at least 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days.

STAFF RECOMMENDATION:

Adopt the Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361.

Staff Report
Attachment 1 - Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency

4.7 Croak Road Ditch Maintenance Project Off-Site Mitigation Agreements The City Council will consider approving various agreements to allow the adjacent property owner to mitigate off-site for the habitat and wetland impacts resulting from proposed storm drainage work within Croak Road street right-of-way. These agreements will provide for mitigation services, the acquisition of off-site mitigation property, and a conservation endowment for Eagle Ridge Preserve – East Property Mitigation Area.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Contract for Transfer and Performance of Mitigation Services, the Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations, and the Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area.

Staff Report
Attachment 1 - Resolution Approving the Contract for Transfer and Performance of Mitigation Services, the Agreement Regarding Acquisition of Off-Site Mitigation Property Attachment 2 - Exhibit A to Resolution - Contract for Transfer and Performance of Mitigation Services
Attachment 3 - Exhibit B to the Resolution - Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations Attachment 4 - Exhibit C to Resolution - Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve - East Property Mitigation Area Attachment 5 - Site Plan - Croak Road Ditch Maintenance Project, Wetland Impact Exhibit Attachment 6 - Location Map - Eagle Ridge Preserve - East Property

4.8 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from June 1, 2022 - June 30, 2022 totaling $6,682,962.04.

4 July 19, 2022 Dublin City Council Regular Meeting Agenda 5

STAFF RECOMMENDATION:

Receive the report.

Staff Report
Attachment 1 - Payment Issuance Report for June 2022

4.9 Summary Vacation of Unused Right-of-Way on Campus Drive The City Council will consider approving a summary vacation of unused right-of-way on Campus Drive for the Dublin Transit Center Parking Garage project.

STAFF RECOMMENDATION:

Adopt the Resolution Summarily Vacating Unused Right-of-Way on Campus Drive.

Staff Report
Attachment 1 - Resolution Summarily Vacating Unused Right-of-Way on Campus Drive Attachment 2 - Exhibits A and B to the Resolution - Legal Description and Plat Map Attachment 3 - Resolution No. 125-16 Exempting Certain Minor Dispositions and Acquisitions of Real Property or Interests in Real Property from Required Attachment 4 - Campus Drive Right-of-Way Dedication
Attachment 5 - Parcel Map 7892

4.10 City Proclamations for the Month of August
The City Council will consider the following proclamations for the month of August in the City of Dublin: National Night Out and American Muslim Appreciation and Awareness Month.

STAFF RECOMMENDATION:

Approve the proclamations.

Staff Report
Attachment 1 - National Night Out Proclamation
Attachment 2 - American Muslim Appreciation and Awareness Month Proclamation

4.11 Third Amendment to Land Lease with U.S. Bank National Association The City Council will consider a Third Amendment to Land Lease Between the City of Dublin and U.S. Bank National Association.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Third Amendment to Land Lease Between the City of Dublin and U.S. Bank National Association.

Staff Report
Attachment 1 - Resolution Approving the Third Amendment to Land Lease Between the City of Dublin and U.S. Bank National Association
Attachment 2 - Exhibit A to the Resolution - Third Amendment to Land Lease Between the City of Dublin and U.S. Bank National Association
Attachment 3 - Ground Lease and First and Second Amendments

4.12 Boulevard Development Public Art
The City Council will consider Dublin Crossing, LLC.’s proposal for public art at the Boulevard Development and the associated Public Art Installation and Maintenance Agreement.

STAFF RECOMMENDATION:

Approve the artworks and adopt the Resolution Approving a Public Art Installation and Maintenance Agreement with Dublin Crossing, LLC., for Public Art at the Boulevard Development.
5 July 19, 2022 Dublin City Council Regular Meeting Agenda 6

Staff Report
Attachment 1 - Resolution Approving a Public Art Installation and Maintenance Agreement with Dublin Crossing, LLC., for Public Art at the Boulevard Development.

Attachment 2 - Exhibit A to the Resolution - Public Art Installation and a Maintenance Agreement with Dublin Crossing, LLC., for Public Art at the Boulevard Development.

4.13 Contract Change Order Authorization for Parking Lot Resurfacing Improvements at Fallon Sports Park
The City Council will consider increasing the contract change order authority of the City Manager for American Asphalt Repair & Resurfacing Co., Inc., the contractor of the Annual Street Resurfacing Project (CIP No. ST0117), to resurface and restripe the upper terrace parking lot at Fallon Sports Park, using available budget from Fallon Sports Park – Phase 3 (CIP No. PK0119).

STAFF RECOMMENDATION:

Adopt the Resolution Authorizing the City Manager to Approve Contract Change Orders with American Asphalt Repair and Resurfacing Co., Inc. for the Fallon Sports Park Upper Terrace Parking Lot.

Staff Report
Attachment 1 - Resolution Authorizing the City Manager to Approve Contract Change Orders with American Asphalt Repair & Resurfacing Co., Inc. for the Fallon Sports Park Upper Terrace Parking Lot
Attachment 2 - Resolution No. 79-21 - Approving the Plans and Specifications and Delegating Authority to the City Manager to Award a Construction Contract for Annual Street Resurfacing Project (2021 Slurry Seal), CIP NO. ST0117 Attachment 3 - CIP No. ST0117
Attachment 4 - CIP No. PK0119

4.14 Amendment to Agreement with Wesco Graphics, Inc.

The City Council will consider approving an amendment to the agreement with Wesco Graphics, Inc. to increase the compensation for printing and distribution services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Amendment to the Agreement Between the City of Dublin and Wesco Graphics, Inc.

Staff Report
Attachment 1 - Resolution Approving an Amendment to the Agreement Between the City of Dublin and Wesco Graphics, Inc.

Attachment 2 - Exhibit A to the Resolution - First Amendment to Contractor Services Agreement Between the City of Dublin and Wesco Graphics Attachment 3 - Contractor Services Agreement Between City of Dublin and Wesco Graphics

5. WRITTEN COMMUNICATION – None.

6. PUBLIC HEARING

6.1 Zoning Ordinance Amendments for Outdoor Seating and Master Fee Schedule Amendments (PLPA-2022-00020)
The City Council will consider City-initiated amendments to the Zoning Ordinance to continue to facilitate outdoor seating for eating and drinking establishments on a long- 6 July 19, 2022 Dublin City Council Regular Meeting Agenda 7

term temporary basis to aid in the economic recovery from the COVID-19 pandemic. The City Council will also consider adopting changes to the Master Fee Schedule pertaining to the application fees for Temporary Use Permits for temporary outdoor seating and Site Development Review Waivers for permanent outdoor seating. Additionally, the City Council will consider an exemption from the requirements of the California Environmental Quality Act.

STAFF RECOMMENDATION:

Conduct a public hearing, deliberate, and: 1) waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking Requirements by Use Type), and Section 8.108.020 (Uses Permitted with a Temporary Use Permit); and 2) adopt the Resolution Amending the Master Fee Schedule by Extending the Application Fee for Temporary Use Permit – Temporary Outdoor Seating and Site Development Review Waiver – Permanent Outdoor Seating Until September 30, 2023.

Staff Report
Attachment 1 - Approving Amendments to Dublin Municipal Code Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking Requirements by Use Type), and Section 8.108.020 (Uses Permitted with a Temporary Use Permit)
Attachment 2 - Resolution Amending the Master Fee Schedule by Extending the Application Fee for Temporary Use Permit - Temporary Outdoor Seating and Site Development Review Waiver - Permanent Outdoor Seating Until September 30, 2023 Attachment 3 - Planning Commission Resolution No. 22-10 Item 6.1 - PowerPoint Presentation

6.2 Dublin Districts—Public Hearing 4: Draft Final District Map Review and Community Feedback Opportunity
The City Council will hold a Public Hearing to give the community an opportunity to provide feedback regarding the boundaries and composition of the Draft Final Maps. The City Council will review and/or revise Draft Final Maps, select a Final Map, and determine election sequencing. At the February 15, 2022 meeting, the City Council adopted a Resolution Declaring its Intention to Transition From an At-Large Election System to a District-Based Election System. Under California Elections Code, the City must hold a series of Public Hearings to allow the community to provide input on the composition of districts and Communities of Interest as well as the potential district boundaries, draft maps, and sequence of elections. Maps considered at this meeting must have been published at least seven days before the Public Hearing. Representatives from National Demographics
Corporation will provide a brief presentation prior to the Public Hearing to review the draft maps and legal criteria for district maps.

STAFF RECOMMENDATION:

Receive the presentation, conduct the Public Hearing to receive input, review and/or revise Draft Final Maps, and select a Final Map and determine election sequencing.

Staff Report
Attachment 1 - Draft Final Maps
Attachment 2 - Public Comment and Correspondence
Item 6.2 - PowerPoint Presentation

7. UNFINISHED BUSINESS – None.
7 July 19, 2022 Dublin City Council Regular Meeting Agenda 8

8. NEW BUSINESS – None.

9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).

10. ADJOURNMENT

This AGENDA is posted in accordance with Government Code Section 54954.2(a)

If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability- related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting.

Mission

The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.

8 STAFF REPORT

CITY COUNCIL

Agenda Item 3.1
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introductions
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:

New City of Dublin Staff members, Sunmi Song with the Community Development Department, Maxwell Waechter and Debbie Bell with the Public Works Department, and Kevin Coffee with the Parks and Community Services Department, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff members.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The following new City of Dublin Staff members will be introduced:
 Sunmi Song, Office Assistant II, with the Community Development Department;  Maxwell Waechter, Summer Intern, with the Public Works Department;  Debbie Bell, Public Works Manager, with the Public Works Department; and  Kevin Coffee, Recreation Coordinator, with the Parks and Community Services Department.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
9

ATTACHMENTS:

None.
10 STAFF REPORT

CITY COUNCIL

Agenda Item 4.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the June 21, 2022 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the June 21, 2022 Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approval of the minutes of the June 21, 2022 Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) June 21, 2022 Regular City Council Meeting Minutes
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the June 21, 2022 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
11 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: June 21, 2022

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 21, 2022
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at:https://dublin.ca.gov/ccmeetings
CLOSED SESSION 6:00 PM
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, June 21, 2022, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor Hernandez. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Jean Josey, Vice Mayor Present
Shawn Kumagai, Councilmember Present
Michael McCorriston, Councilmember Present
Dr. Sherry Hu, Councilmember Present
2) REPORT OUT OF CLOSED SESSION
Mayor Hernandez reported there was nothing to report out of Closed Session. 3) ORAL COMMUNICATIONS

3.1) Employee Introduction
New City of Dublin Staff member, Wendy Lam, Senior Accountant in the Administrative Services Department, and Chloe Partain, Summer Intern in the Community Development Department, were introduced.

3.2) Presentation from Dublin San Ramon Services District on Drought and Water Conservation
Attachment 1
12 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 21, 2022
The City Council received a presentation from Dublin San Ramon Services District General Manager Dan McIntyre regarding the drought and water conservation.

3.3) Public Comment
Golden Shao provided public comment.
4) CONSENT CALENDAR

4.1) Approved the June 7, 2022 Regular City Council Meeting Minutes.

4.2) Approved Artwork Selection: Tri-Valley “Picture This” Temporary Public Art Project.

Item was pulled from the Consent Calendar.

Golden Shao provided public comment.

4.3) Approved the following proclamation for the month of July in the City of Dublin: Pledge to America’s Workers Month.

4.4) Received a report of payments issued from May 1, 2022 - May 31, 2022 totaling $12,957,471.28.

4.5) Adopted Resolution No. 75-22 titled, “Approving a Memorandum of Understanding Between the City of Dublin, City of Livermore, and City of Pleasanton for Execution of an Update to the 2011 Eastern Alameda County Human Services Needs Assessment.” Item was pulled from the Consent Calendar by Councilmember Kumagai for comments.

4.6) Adopted Resolution No. 76-22 titled, “Approving an Agreement with Advanced Integrated Pest Management for Pest Control Services.”

4.7) Adopted Resolution No. 77-22 titled, “Approving the Plans and Specifications, Approving Relief of Ghilotti Construction Company, Inc.’s Bid, Waiving Minor Bid Irregularities, and Awarding a Contract to Ghilotti Bros., Inc. for the Dublin Boulevard Pavement Rehabilitation Project, CIP No. ST0117 and ST0120, Federal Aid No. STPL- 5432 (021).”

4.8) Adopted Resolution 78-22 titled, “Calling for a General Municipal Election to be Held in the City of Dublin on November 8, 2022, Requesting the Alameda County Board of Supervisors Consolidate the City of Dublin General Municipal Election with the Statewide General Election, Authorize Certain Procedural Matters, and Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statement and the Costs Thereof.”

4.9) Adopted Resolution No. 79-22 titled, “Approving a Consulting Services 13 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 21, 2022
Agreement Between the City of Dublin and Hinderliter, De Llamas and Associates,” and Resolution No. 80-22 titled, “Authorizing Examination of Sales and Use Tax Records.”

4.10) Adopted Resolution No. 81-22 titled, “Approving a Consulting Services Agreement Between the City of Dublin and Chandler Asset Management.”

4.11) Adopted Resolution No. 82-22 titled, “Approving a Second Amendment to the Agreement with Management Partners for Consulting Services.”
Item was pulled from the Consent Calendar.

Golden Shao provided public comment.

4.12) Received a Report on the Five-Year Review of Fire and Emergency Response Services Contract with Alameda County Fire Department.

4.13) Adopted Resolution No. 83-22 titled, “Adopting an Annual Update to the Master Fee Schedule for Services Provided by the City.”
Item was pulled from the Consent Calendar by Mayor Hernandez to ask clarifying questions. By consensus, the City Council directed Staff to bring the fundraising and non- profit facility use fees be brought back to the City Council at a future meeting.

4.14) Adopted Resolution No. 84-22 titled, “Finding That There is a Proclaimed State of Emergency; Finding that Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361.”

4.15) Adopted Ordinance No. 08-22 titled, “Considering the CEQA Addendum, Amending the Zoning Map and Approving a Planned Development Zoning District with a Related Stage 1 and Stage 2 Development Plan for the Dublin Senior Living Project PLPA-2021-00042 (APN 986-0014-013-00).”

4.16) Adopted Resolution No. 85-22 titled, “Authorizing a Special Designation of General Fund Reserves for Fiscal Year 2021-22.”
Motion by Vice Mayor Josey, seconded by Councilmember Kumagai, and by unanimous vote, the City Council adopted the Consent Calendar items, except items 4.2, 4.5, 4.11 and 4.13.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Vice Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
14 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 21, 2022
Motion by Councilmember Kumagai, seconded by Vice Mayor Josey, and by unanimous vote, the City Council adopted the remaining Consent Calendar items 4.2, 4.5, 4.11 and 4.13.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Jean Josey, Vice Mayor
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
5) WRITTEN COMMUNICATION - None.
6) PUBLIC HEARING

6.1) Tri-Valley Transportation Development Fee Adoption The City Council received a presentation regarding the Tri-Valley Transportation Development Fee pursuant to the requirements of the Joint Exercise of Powers Agreement of the Tri-Valley Transportation Council.

Mayor Hernandez opened the public hearing.

Upon receiving no public comment, Mayor Hernandez closed the public hearing.

On motion by Vice Mayor Josey, seconded by Councilmember McCorriston, and by unanimous vote, the City Council adopted Resolution No. 86-22 titled, “Adopting the Tri-Valley Transportation Development Fee Pursuant to the Requirements of the Joint Exercise of Powers Agreement.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Vice Mayor
SECOND: Michael McCorriston, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu

6.2) Street Lighting Maintenance District 1983-1; Landscape and Lighting District 1983-2; Landscape and Lighting District 1986-1; Landscape and Lighting District 1997-1; Street Lighting District 1999-1
The City Council received a presentation on the Engineer’s Reports and the levy of special assessments in each of the five assessment districts for Fiscal Year 2022-23.

Mayor Hernandez opened the public hearing.

Upon receiving no public comment, Mayor Hernandez closed the public hearing. 15 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 21, 2022
On motion by Councilmember Kumagai, seconded by Councilmember Hu, and by unanimous vote, the City Council adopted Resolution No. 87-22 titled, “Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for City of Dublin Street Lighting Maintenance District No. 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting District 1999-1.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Dr. Sherry Hu, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu

6.3) Adoption of Rates for Garbage Collection, Disposal, and Recycling Services Provided by Amador Valley Industries and Establishing the 2022-23 Annual Assessment
The City Council received a presentation regarding the garbage rates effective July 1, 2022 and establishing the Fiscal Year 2022-23 refuse-related property tax assessment. The proposed rates include the costs associated with implementing California State Senate Bill (SB) 1383, which created regulations to increase the diversion of organic waste from landfills.

Mayor Hernandez opened the public hearing.

Gordon Galvan, AVI, provided public comment.

Mayor Hernandez closed the public hearing.

On motion by Vice Mayor Josey, seconded by Councilmember Kumagai, and by unanimous vote, the City Council adopted Resolution No. 88-22 titled, “Approving and Establishing the Collection of Minimum Residential Garbage and Recycling Service Fees for Fiscal Year 2022-2023.” RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Vice Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu

6.4) Dublin Districts— Public Hearing 3: Draft District Map Review and Community Feedback Opportunity
The City Council received a presentation from National Demographic Corporation regarding the boundaries and composition of the draft maps.

Mayor Hernandez opened the public hearing.
16 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
June 21, 2022
Matthew Aini provided public comment.

Mayor Hernandez closed the public hearing.

The City Council provided feedback regarding the draft maps, including: the desire to maintain two majority Asian Pacific Islander (API) districts, being mindful of the Hispanic population, identifying Camp Parks as an area to keep together while not having a district made up of predominantly of Camp Parks and the Transit-Oriented Developments, balance out the commercial areas, and support for the cardinal direction map and the purple map. 7) UNFINISHED BUSINESS

7.1) Informational Report on Efforts to Facilitate Accessory Dwelling Unit Production
The City Council received an informational report on City efforts to facilitate the production of Accessory Dwelling Units, including preparation of permit-ready prototype plans and an Accessory Dwelling Unit Manual.
8) NEW BUSINESS - None.
9) OTHER BUSINESS
The City Council and Staff provided brief information-only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 10:00 p.m.

Mayor
ATTEST:

City Clerk
17 STAFF REPORT

CITY COUNCIL

Agenda Item 4.2
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Appointments to the City Council 2022 Ad-Hoc Audit Review Committee Prepared by: Lisa Hisatomi, Director of Administrative Services EXECUTIVE SUMMARY:

The City’s independent auditor, Badawi and Associates, has commenced the field work necessary to complete the Annual Comprehensive Financial Report for year ending June 30, 2022. The City Council will consider the establishment of an Ad-Hoc Committee, comprising two City Councilmembers, who will review the audit process and final report with the auditors.

STAFF RECOMMENDATION:

Confirm the Mayor’s recommendation of Councilmembers Hu and McCorriston as the 2022 Ad- Hoc Audit Review Committee.

FINANCIAL IMPACT:

The cost of the audit was included in the Fiscal Year 2022-23 adopted budget.

DESCRIPTION:

The independent auditors from the firm of Badawi and Associates are required to follow protocols established by the Governmental Auditing Standards Board and issue their directives in documents referenced as the Statement on Accounting Standards, which are applicable to both private and governmental entities.

These standards require that the auditors communicate directly with those charged with governance. The Ad-Hoc Audit Review Committee, comprising two Councilmembers appointed by the Mayor, is established each year for this purpose. After the Committee has had an opportunity to review and discuss the report with the auditors, Staff will prepare an agenda item for action by the entire City Council at a future meeting.

Last year, the Committee comprised Mayor Hernandez and Councilmember McCorriston. Mayor Hernandez has recommended the appointment of Councilmembers Hu and McCorriston to serve 18

as the 2022 Ad-Hoc Audit Review Committee.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
19 STAFF REPORT

CITY COUNCIL

Agenda Item 4.3
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement for Toxicology Testing Services
Prepared by: Laura Jammal, Administrative Aide
EXECUTIVE SUMMARY:

The City Council will consider an agreement for toxicology testing services with Redwood Toxicology Laboratory, Inc.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Agreement with Redwood Toxicology Laboratory, Inc. for the Provision of Toxicology Testing Services.

FINANCIAL IMPACT:

The contract has a not-to-exceed cost of $85,000, covered by the adopted annual operating budget for Dublin Police Services. The cost from July to December 2024 will be incorporated into the Fiscal Year 2023-24 budget process.

DESCRIPTION:

Redwood Toxicology Laboratory, Inc. provides a variety of toxicology testing related services including blood and urine analysis, and transportation of specimens to and from Dublin Police Services. Dublin Police Services has been utilizing Redwood Toxicology, Inc. since December 2018.

Redwood Toxicology, Inc. is headquartered in Santa Rosa and serves numerous cities in California.

Redwood Toxicology Laboratory, Inc. has submitted a proposal to continue to provide toxicology testing services to Dublin Police Services through December 2024, for an amount not to exceed $85,000. The proposal includes the direct provision of toxicology testing services, along with transportation of specimens to and from Dublin Police Services. 20

The Dublin Municipal Code requires competitive bidding as well as City Council approval of purchases over $45,000; however, Section 2.36.100(B)(9) allows for an exception to the competitive bid process when another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar service. Alameda County administered a Request for Proposals (RFP) for toxicology testing services and awarded the contract to Redwood Toxicology Laboratory, Inc, active through December 31, 2024. Alameda County’s report on their procurement process is included as Attachment 3.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Agreement with Redwood Toxicology Laboratory, Inc. for Toxicology Testing Services
2) Exhibit A to the Resolution - Agreement with Redwood Toxicology Laboratory, Inc. 3) Alameda County Forensic Toxicology Testing Services - RFP Report 21 Attachment 1
Reso. No. XX-22, Item X.X, Adopted 07/19/22 Page 1 of 1 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A CONTRACT EXTENSION WITH REDWOOD TOXICOLOGY LABORATORY, INC. FOR THE PROVISION OF TOXICOLOGY TESTING SERVICES
WHEREAS, the City of Dublin uses toxicology testing services to ensure the proper processing and transportation of specimens; and
WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for an exception to the competitive bid process when another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment; and WHEREAS, Alameda County administered a Request for Proposals for toxicology testing services and awarded the contract to Redwood Toxicology Laboratory, Inc, active through December 31, 2024; and
WHEREAS, the City of Dublin wishes to contract with the firm Redwood Toxicology Laboratory, Inc. to provide toxicology testing services through December 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager the ability to execute the Contract with Redwood Toxicology Laboratory, Inc., attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
22 Attachment 2
Exhibit A to the Resolution
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 EXHIBIT A

SCOPE OF SERVICES
Contractor shall provide forensic toxicology testing services, including i dentifying and quantitative analysis of drugs and alcohol from blood, urine, a nd evidence specimens, through December 31, 2024.

Please see Forensic Toxicology Price Schedule in Exhibit B for specific testing services.

Services Agreement between
City of Dublin and Redwood Toxicology Laboratory, Inc.

July 19, 2022
Exhibit A- Page 1 of 1
38 39
ASCERTAIN.

FORENSICS
Ascertain Forensics at Redwood Toxicology Laboratory
3650 Westwlnd Boulevard
Santa Rosa, CA 95403
T: +l 800 255 2159
F: ♦l 707 577 8102

SHORT DESCRIPTION TEST CODE
Ale DUI/DUID (CA Title FP8518
17) FP851U
Abused Drug Panel FP007B
(Screen Only) FP007U
General Drug Panel FP0098
(Screen Only) FP009U
Routine Single Drug FlXXXB
Screen FlXXXU
Routine GC/MS F3XXXB
Confirmation F3XXXU
Routine Standard Drug F2XXXB
Screen + Confirmation F2XXXU
Exhibit B
Forensic Toxicology Price Schedule
City of Dublin
,, C , ,
'' c �

DESCRIPTION
Alcohol DUI/DUID Testing - Blood/Urine (Quantitative)
Forensic analysis (California TIiie 17 Alcohol)
Abused Drug Panel - Blood/Urine (Qualitative)
Amphetamlnes/Methamphetamlne, Methylenedioxymethamphetamine (MOMA), Cocaine & Metabolite, Opiates, Codeine, 6-Monoacetylmorphine (6MAM), Hydrocodone, Hydromorphone, Fentanyl, Phencyclidlne "PCP"
General Drug Screen - Blood/Urine (Qualitative)
Barbiturates, Benzodiazeplnes, Buprenorphine, Carisoprodol, Methadone, Oxycodone, THC, Tramadol, Zolpldem
Single Drug Screen (Qualitative) - Routine - Blood/Urine One price per individual drug screen (Routine drugs only) Routine GC-MS or LC-MS/MS Confirmation - Blood/Urine
Determination and concentration confirmation and quantitation of a drug and or metabolite by GC-MS or LC-MS/MS of routine drugs
Abused Specific Drug Screen / Confirmation / level - Blood/Urine Immunoassay, liquid Chromatography Mass Spectrometer (LCMS), Gas Chromatography Mass Spectrometry (GCMS) screening for a specific drug from a biologlcal matrix with determination and quantitative concentration of primary drug and metabolite (Quantitative) -- - -

PRICE PER SPECIMEN PRICE PER SPECIMEN PRICE PER SPECIMEN Vear 1 Vear 2 Year 3
(1/1/2022 - 12/31/2022) (1/1/2023 • 12/31/2023) (1/1/2024 - 12/31/2024) $45,00 $45.90 $47.28
$39.00 $39.78 $40.97
$86.00 $87.72 $90.35
$31.00 $31.62 $32.57
$53.00 $54.06 . $55.68
$81.00 $82.62 $85.10
���__:;��•ii)]111['J�1fi,1nt,l;:-°CJ�1i[,°f/'t�..--Jlli'i'-::_·.;'.:��f!'.i_�--� .. -=- - -:..t:_ ":.-� ---,' c

PRICE PER SPECIMEN PRICE PER SPECIMEN PRICE PER SPECIMEN Vear 1 Vear 2 Vear 3
SHORT DESCRIPTION PANEL CODE DESCRIPTION (1/1/2022 - 12/31/2022) (1/1/2023 • 12/31/2023) (1/1/2024 - 12/31/2024) DFC Expanded Panel
(Confirmed)
FP022B
FP022U
DFC (Drug Facilitated Crime) Expanded Panel - Blood/Urine (Quantitative) Amphetamines, Barbiturates, Benzodiazepines, Buprenorphine, Carisoprodol/meprobamate, Cocaine, Fentanyl/norfentanyl, Marijuana (THC), Methadone, Opiates, Oxycodone/oxymorphone, PCP, Volatiles, Tramadol, Zolpldem, oploids, narcotic analgesic, stimulants, antidepressants, antipsychotlcs, antihistamines, anxiolytlcs, anticonvulsants (Gabapentin), antlhypertensive, muscle relaxants, antitusslves, sedative/hypnotics, dissociative anesthetic, hallucinogen, TCA's and cardlac drugs *GHB will need to be requested separately $334.00 $344.00 $354.00 •To ensure that DFC cases are adequately pursued, we have adapted our typical screening and confirmation by doubling volumes of substrates In order to better seek minute or trace amounts of Involved Intoxicants. The enhancements with the choice of this select panel (FP022U/FP022B) are:

Doubling of specimen volumes to Increase sensitivity to drugs at lower levels of detection.

Automatic confirmations for benzodiazeplnes.

Assay for Gamma Hydroxybutyrate (GHB) in urine.

Double confirmation of trace detected substances.

One on one case consultation ffor investiEators and orosecutors) with senior toxicoloEists. ��.�01,1,Jilc!RiT,\llCT,��-�-:-----..c: ·5""""',r ,

SHORT DESCRIPTION TEST CODE DESCRIPTION PRICE PER SPECIMEN PRICE PER SPECIMEN PRICE PER SPECIMEN Tissue Prep F9013F Tissue Prep Fee $39,00 $39.78 $40.97 Courier FedEx Pickup (Case to Lab Shipping Fee per case) F9024F No Charge No Charge No Charge - -
40 Attachment 3
41 42
43 44

STAFF REPORT

CITY COUNCIL

Agenda Item 4.4
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Project Funding Agreements with Alameda County Transportation Commission for Various Crosswalk and Traffic Signal Modification Improvements
Prepared by: Oliver Castillo, Assistant Civil Engineer
EXECUTIVE SUMMARY:

The City Council will consider approving project funding agreements with Alameda County Transportation Commission to fund crosswalk improvements and traffic signal modifications as part of Dublin’s Citywide Bicycle and Pedestrian Improvements project (CIP No. ST0517).

STAFF RECOMMENDATION:

Adopt the Resolution Approving Project Funding Agreements with Alameda County Transportation Commission for Crosswalk Improvement Projects.

FINANCIAL IMPACT:

The City will receive grants of $135,000 from Measure B funds and $726,000 from Vehicle Registration Fee funds allocated by Alameda County Transportation Commission for the Citywide Bicycle and Pedestrian Improvements project (CIP No. ST0517). The grants require local matching funds of $260,000, which are already included in the project budget. There is no impact to the General Fund.

DESCRIPTION:

The 2022-2027 Capital Improvement Program includes the Citywide Bicycle and Pedestrian Improvements project (CIP No. ST0517, Attachment 5), which provides for planning, design, and construction of improvements to various pedestrian and bicycle facilities throughout the City. The project includes updates to the Bicycle and Pedestrian Master Plan and Americans with Disabilities Act (ADA) Transition Plan, maintenance and repair of sidewalks, and other focused bicycle and pedestrian projects, which may include crosswalk, sidewalk, and related 45

improvements at various locations throughout the City.

Alameda County Transportation Commission (Alameda CTC) is responsible for planning, funding, and delivering transportation projects and programs within Alameda County. This includes the programming of federal, state, regional, and local transportation funding, which is distributed to local jurisdictions and transit agencies directly and through competitive discretionary grant programs. In response to recent Alameda CTC grant funding programs, Staff submitted grant applications and has been awarded funding for bicycle and pedestrian improvements associated with the Safe Routes to School program, and traffic signal modifications and pedestrian improvements related to the Downtown Dublin Streetscape Plan. These improvement projects, which will be completed under the umbrella of the City’s Citywide Bicycle and Pedestrian Improvements project, are described below.

Safe Routes to School - Crosswalk Improvements Project
In early 2021, Alameda CTC announced the availability of $1.7 million in Measure B and Congestion Management Agency Transportation Improvement Program funds for their Safe Routes to School Mini-Grant Program, to support capital improvements that enhance conditions for pedestrians, bicyclists, and transit riders traveling to and from school. The Safe Routes to School Mini-Grant Program funds are discretionary and distributed using a formula based on student population. Using the formula, Staff applied for grant funding and Alameda CTC allocated $94,000 in Measure B funds via Agreement No. A22-0010 (Attachment 2) for final design costs for the Safe Routes to School – Crosswalk Improvements Project. The City is required to provide matching funds in the amount of $21,000 for final design and $100,000 for construction, totaling $121,000.

Also in early 2021, Alameda CTC issued a notice of funding opportunity as part of their 2022 Comprehensive Investment Plan. Discretionary grant funds of up to $26 million of combined Measure B, Vehicle Registration Fee (VRF), and Transportation Fund for Clean Air (TFCA) were made available for bicycle, pedestrian, and transit related projects. Staff applied for grant funding and Alameda CTC allocated VRF funds via Agreement No. A22-0026 (Attachment 3) in the amount of $110,000 for final design costs and $390,000 for construction costs for the Safe Routes to School – Crosswalk Improvements Project. The City is required to provide matching funds in the amount of $40,000 for final design and $10,000 for construction, totaling $50,000.

The Safe Routes to School project includes various improvements near 12 schools in the City and will create safer crossings, improve accessibility, and encourage more students and residents to use active transportation modes. The proposed improvements were developed through walk audits funded by Alameda CTC and coordinated by the Safe Routes to Schools program. Walk audits included in-field observations as well as feedback from numerous stakeholders, including representatives from Dublin Unified School District, Dublin Police Services, City Staff, school administrators, parents, students, and traffic engineering/transportation planning professionals.

Major recommendations from the walk audits, refined by guidelines provided in the City’s Bicycle and Pedestrian Master Plan and by site specific engineering review, form the foundation of the proposed improvements.

The funding from Alameda CTC will offset the costs of designing and installing Rectangular Rapid 46

Flashing Beacons (RRFB) and other crosswalk improvements including ADA curb ramp upgrades, signing, and striping improvements at Amador Valley Boulevard at Burton Street, Central Parkway at Aspen Street, and Grafton Street at Antone Way, and traffic signal modification at the intersection of Central Parkway at Hibernia Drive.

Downtown Dublin Streetscape Plan Implementation – Regional Street Mid-Block Crosswalk The Downtown Dublin Streetscape Plan includes several pedestrian and bicycle improvements in the Downtown area. The City Council, Staff, and members of the community have been actively engaged in the City’s efforts to create a cohesive, unique, and walkable Downtown. Installation of a mid-block crosswalk on Regional Street has been identified as a high-priority improvement in the Downtown Dublin Streetscape Plan.

Staff applied to Alameda CTC under the same $26 million 2022 Comprehensive Investment Plan grant mentioned above. The City was allocated discretionary funds via Agreement No. A22-0027 (Attachment 4) in the amount of $41,000 in Measure B funds for final design and $226,000 in VRF funds for the construction of the Downtown Streetscape Plan Implementation project. The City is required to provide matching funds in the amount of $14,000 for final design and $75,000 for construction, totaling $89,000. The project will install an RRFB, a mid-block crosswalk, bulbouts, and signing and striping improvements on Regional Street between Dublin Boulevard and Amador Valley Boulevard.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

A copy of this report has been provided to the Alameda County Transportation Commission Citizen Watchdog Committee. The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving Project Funding Agreements with Alameda County Transportation Commission for Crosswalk Improvement Projects
2) Exhibit A to the Resolution – Project Funding Agreement No. A22-0010 3) Exhibit B to the Resolution – Project Funding Agreement No. A22-0026 4) Exhibit C to the Resolution – Project Funding Agreement No. A22-0027 5) CIP No. ST0517
47 Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING PROJECT FUNDING AGREEMENTS WITH ALAMEDA COUNTY

TRANSPORTATION COMMISSION FOR CROSSWALK IMPROVEMENT PROJECTS WHEREAS, the 2022-2027 Capital Improvement Program includes the Citywide Bicycle and Pedestrian Improvements project (CIP No. ST0517), which includes planning, design, and construction of improvements to various pedestrian and bicycle facilities throughout the City, such as crosswalk improvements at the intersections of Amador Valley Boulevard at Burton Street, Central Parkway at Aspen Street, Grafton Street at Antone Way, traffic signal modification at Central Parkway and Hibernia Drive, and a mid-block crosswalk on Regional Street between Dublin Boulevard and Amador Valley Boulevard (collectively known as the Crosswalk Improvements Project) of; and
WHEREAS, Alameda County Transportation Commission (Alameda CTC) allocated $94,000 in Measure B grant funding to the City of Dublin for the design of the Crosswalk Improvements Project, further described in Project Funding Agreement No. A22-0010, attached hereto as Exhibit A, and
WHEREAS, Alameda CTC allocated $500,000 in Vehicle Registration Fee grant funding to the City of Dublin for the design and construction of the Crosswalk Improvements Project, further described in Project Funding Agreement No. A22-0026, attached hereto as Exhibit B; and
WHEREAS, Alameda CTC allocated $267,000 in Measure B and Vehicle Registration Fee grant funding to the City of Dublin for the design and construction of the Crosswalk Improvements Project, further described in Project Funding Agreement No. A22-0027, attached hereto as Exhibit C.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Project Funding Agreements with Alameda CTC, attached hereto as Exhibit A, Exhibit B, and Exhibit C to this Resolution.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the project funding agreements and make any necessary, non-substantive changes to carry out the intent of this Resolution.
{Signatures on the following page}
48 Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
49 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version

PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF DUBLIN
for the
CITY OF DUBLIN SAFE ROUTES TO SCHOOL – CROSSWALK IMPROVEMENTS PROJECT

This Project Funding Agreement (“A GREEMENT ”), dated for reference purposes only as of July 22, 2021, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION , a joint powers agency (“ALAMEDA CTC”), and the CITY OF DUBLIN , a public agency (“PROJECT SPONSOR ”).

This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

Alameda CTC Administered Funds Obligated by this AGREEMENT , for the PROJECT , as such term is defined in Recital K below.

☒ 2000 Measure B
☐ 2014 Measure BB
☐ Vehicle Registration Fee
☐ Transportation Fund for Clean Air
☐ CMA TIP

RECITALS

A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.

B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.

50 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version
C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors.

G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.

H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS ”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.
51 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version

I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.

J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS , and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS .

K. The PROJECT SPONSOR is implementing a project or program (“PROJECT ”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS . The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.

L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.

NOW , THEREFORE , it is agreed by and between the parties as follows:

SECTION I

PROJECT SPONSOR AGREES:

1. P
ROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference.

a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements

52 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version

2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.

3. P
ROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.

4. P
ROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

5. P
ROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this A GREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.

6. P
ROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT .

7. P
ROJECT SPONSOR shall return to A LAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS , if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the P ROJECT ’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).

8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT .

9. P
ROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR ’S staff.

10. P
ROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT , and shall not be included in the total 53 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version
eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.

11. The cost of maintenance, security, or protection pe rformed by P ROJECT SPONSOR or third-
party contractors during any temporary suspension o f activities associated with the P ROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.

12. P
ROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR .

13. PROJECT SPONSOR shall invite A LAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR ’s selection panel for the selection of all profess ional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request.

14. All locally funded contracts approved by P
ROJECT SPONSOR , funded wholly or in part with
Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program.

15. P
ROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR , professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT . PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this A GREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

16. P
ROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT . The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.

54 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version

17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT , but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR . The required minimum invoicing frequency and invoice forms are provided in Appendix C:

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT .

18. P
ROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.

19. P
ROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this A GREEMENT , including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR ’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT , and (iii) the end of the PROJECT ’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT .

a. PROJECT SPONSOR and PROJECT SPONSOR ’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts.

b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR ’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT .

20. P
ROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT .

55 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version
a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the P ROJECT , and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the P ROJECT . For TFCA funding obligated through this A GREEMENT , S PONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.

b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR ’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.

c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.

For TFCA funding obligated through this A GREEMENT , S PONSOR shall also credit the BAAQMD as a funding source.

d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT , through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.

For TFCA funding obligated through this A GREEMENT , S PONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.

e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances.

21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this A GREEMENT .

22. P
ROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS .

23. P
ROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.
56 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version

24. P
ROJECT SPONSOR shall render a report or answer any and all inquir ies, upon A LAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS , compliance audit findings, and usage of A LAMEDA CTC ADMINISTERED FUNDS before the A LAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.

25. For TFCA funds obligated by this A
GREEMENT , a PROJECT SPONSOR who has failed a
BAAQMD financial or performance audit for the P ROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the A GREEMENT .

SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

26. For TFCA funds obligated by this AGREEMENT , PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if P ROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

27. For TFCA funds obligated by this A
GREEMENT , PROJECT SPONSOR shall submit a TFCA
Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.

SECTION II

ALAMEDA CTC AGREES:

1. A
LAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT .

2. A
LAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT .

3. A
LAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT .

4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR , which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.

57 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version

5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS .

SECTION III

IT IS MUTUALLY AGREED AS FOLLOWS:

1. That A
LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT , so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.

2. A
LAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT . Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR . Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:

Project Control Information which reflects the requested changes by the PROJECT SPONSOR .

3. For the purposes of this A
GREEMENT , (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT , including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT .

4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the P ROJECT covered by this
AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT . ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.

5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT , ALAMEDA CTC ADMINISTERED FUNDS will not be 58 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version
transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.

ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT , as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT .

6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT .

7. For TFCA funds obligated by this A
GREEMENT , this A GREEMENT is subject to the current
BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:

Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this A GREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.

8. The laws of the State of California shall govern this A GREEMENT .

9. All correspondence and communications will contain A LAMEDA CTC project number and
name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant P ROJECT records promptly available for audit and copying.

11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically provided for in App endix A: Project Control Information, and P ROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used here in, equals the amount of A LAMEDA CTC ADMINISTERED FUNDS obligated by this A GREEMENT to a phase, divided by the total funding for the p hase, as shown in Appendix A: Project Control Information. For any R equest for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures f or the phase expected to be funded by A LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT , and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.

12. A
LAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT . In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails 59 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version
to meet the reporting and invoicing requirements of this AGREEMENT , ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT . Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.

13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this A GREEMENT will be ineligible for
reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.

ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT .

14. Each Right-of-Way transaction which is funded either wholly or in part with A

LAMEDA CTC
ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT , irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.

15. For the purposes of the following provisions, “A
LAMEDA CTC Share” shall mean the
percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS , ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San Francisco- Oakland, San Jose, CA.

a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:

ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. 60 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version

b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT , and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”.

c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT .

d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS , PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.

e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs.

f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR . If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, A LAMEDA
CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.

17. P
ROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.
61 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version

18. Reimbursement to P
ROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):

a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.

b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT .

c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization.

d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.

e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT .

f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.

19. If PROJECT SPONSOR materially breaches this AGREEMENT , including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT , or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT .

20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT . It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-in- interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT , including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT . If TFCA funds are obligated by this AGREEMENT , PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from 62 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version
any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT .

21. Neither PROJECT SPONSOR , nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT . It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR , its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT , including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT .

22. Nothing in the provisions of this A
GREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT . This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.

23. All legal actions by either party against the other arising from this A GREEMENT , or for the
failure to perform in accordance with the applicable standard of care, or for any other cause of actio n, will be subject to the statutes of limitations of the State of California.

24. Should it become necessary to enforce the terms of this AGREEMENT , the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

25. This A
GREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT .

26. This AGREEMENT , including its Recitals and Appendices, constitutes the entire AGREEMENT . This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties.

[Signatures on the next page]

63 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version

CITY OF DUBLIN
(P ROJECT SPONSOR )

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Linda Smith Date
City Manager
Tess Lengyel Date
Executive Director
Recommended
By:

Gary Huisingh Date
Deputy Executive Director of
Capital Projects

Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration

Approved as to Legal form:

Approved as to Legal Form:

By:

By:

John Bakker Date
Legal Counsel to the CITY OF DUBLIN
Wendel Rosen LLP Date
Legal Counsel to ALAMEDA CTC

64 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

2021 PFA Version

LIST OF APPENDICES
APPENDIX A: P ROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and R eimbursement Ratio Appendix A-6 Project Phase Cost Detail

APPENDIX B: A LAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT

A
PPENDIX C: A LAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS

APPENDIX D: L OCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS

A
PPENDIX E: D ELIVERABLES AND DUE DATES

A
PPENDIX F: P ROJECT PERFORMANCE MEASURES

A
PPENDIX G: T RANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effe ctiveness” Appendix G-2 BAAQMD-approved TFCA County Program Ma nager Fund Policies Appendix G-3 Minimum required insurance for TFCA-fu nded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-fun ded projects

Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT .

65 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix A – Page 1

APPENDIX A

PROJECT CONTROL INFORMATION

Appendix Index

Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail

66 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix A – Page 2
APPENDIX A-1

PROJECT DESCRIPTION

Project Description
The City of Dublin will implement improvements identified in the School Site Assessments (SSA) for Amador Valley Boulevard at Burton Street, Central Parkway at Aspen Street and Grafton Street at Antone Way.

The project scope includes designing and developing plans, specifications and estimates for installation of Rectangular Rapid Flashing Beacons (RRFB), ADA curb ramp upgrades and bulbouts at three uncontrolled crosswalk locations including Amador Valley Boulevard at Burton Street, Central Parkway at Aspen Street and Grafton Street at Antone Way.

Project Limits
• Amador Valley Boulevard at Burton Street
• Central Parkway at Aspen Street
• Antone Way at Grafton Street

67 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix A – Page 3
APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE

The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

FINAL DESIGN (PS&E)
• Development of final plans and specifications related to the PROJECT

The design will include the following:

Amador Valley Boulevard at Burton Street
• Install pedestrian crossing improvements and Rectangular Rapid Flashing Beacons (RRFB). • Install yield markings in advance of crosswalks
• Install additional in-pavement yield sign

Central Parkway at Aspen Street
• Upgrade existing crosswalk to high visibility crosswalk • Extend median to provide pedestrian refuge island
• Install pedestrian crossing improvements and Rectangular Rapid Flashing Beacons (RRFB).

Antone Way at Grafton Street
• Striping improvements and installation of Rectangular Rapid Flashing Beacons (RRFB)

68 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE

Phase/Milestone
Begin

End

Final Design (PS&E) 06/2022 06/2023

69 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix A – Page 5
APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT .

PHASE
Alameda CTC
Administered Funds
Sponsor
Funds Total
Funding
2000 Measure B
Disc-BP
Local
Funds
Final Design (PS&E) $94,000 $21,000 $115,000
Construction $ - $ 100,000 $ 100,000
Total
Project Cost $94,000 $121,000 $215,000
70 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix A – Page 6
APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds)

The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered
Funds
Matching
Funds

Total
Funding

Reimbursement
Ratio
Percentage 2000 Measure B
Disc-BP
Final Design (PS&E) $94,000 $21,000 $115,000 81.74%
Total Funding $94,000 $121,000 $215,000

Notes:
• P
ROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.

71 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix A – Page 7
APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT .

PHASE COST DETAIL
FINAL DESIGN (PS&E) 2000 Measure B
Disc-BP
Matching
Funds Total Cost
Staff/Labor Cost $- $ - $ -
Contract(s)/Other Direct Cost $94,000 $21,000 $115,000 Total Phase Cost
(Staff + Contract Costs) $94,000 $21,000 $115,000

Notes:
• Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).

72 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix B - Page 1

APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
2000 MB Disc-BP Final Design 7/22/2021 7/1/2021
The Agreement
Expiration Date
serves as the
expenditure deadline
date .
$94,000
Total Alameda CTC Administered Funds Obligated by AGREEMENT : $94,000

Agreement Expiration Date: 12/31/2023

Notes:

1. A
LAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT , by fund source.

2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.

3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT .

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT .

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT .

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.

7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD.

73 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix B - Page 2
APPENDIX B (CONT .)

Reimbursement of A
LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 FY 22/23 Any 2000 MB $94,000 $94,000

Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. A
LAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR .

4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved. 74 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports ar e required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☐
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31
st
By January 31 st
By April 30 th
By July 31 st
☒
Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30
By January 31
st
By July 31 st
☐
Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30

By July 31
st

☒
Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms:
https://www.alamedactc.org/funding/reporting-and-grant-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form

75 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:

• Sample template language for professional and construction services is available from A LAMEDA
CTC’s website: https://www.alamedactc.org/get-involved/contract-equity

• Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/get- involved/contracting-forms/

• The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.

• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email:
[email protected]
Phone: (510) 208-7472
76 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS .

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Copy of Request for Proposal for design professio nal services. July 31, 2022 2 Progress Report #1: January to June, 2022 July 31 , 2022 3 Progress Report #2: July to December, 2022 Januar y 31, 2023 4 Progress Report #3: January to June, 2023 July 31 , 2023 5 Copy of design concepts or similar document confi rm completion of design phase.

By the Agreement
Expiration Date
6 Final Invoice By the Agreement
Expiration Date
7 Final Report By the Agreement
Expiration Date
Note:
• Per Section III.19 of AGREEMENT , Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.

77 Attachment 2

Alameda CTC Agreement No. A22-0010
Project No. 1554000

Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Appendix F is Not Applicable.

78 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version

PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF DUBLIN
for the

SAFE ROUTES TO SCHOOL IMPROVEMENTS DUBLIN

This Project Funding Agreement (“A GREEMENT ”), dated for reference purposes only as April 28, 2022, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION , a joint powers agency (“ALAMEDA CTC”), and the CITY OF DUBLIN , a public agency (“PROJECT SPONSOR ”).

This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

Alameda CTC Administered Funds Obligated by this AGREEMENT , for the PROJECT , as such term is defined in Recital K below.

☐ 2000 Measure B
☐ 2014 Measure BB
☒ Vehicle Registration Fee
☐ Transportation Fund for Clean Air
☐ CMA TIP

RECITALS

A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.

B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.

79 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version
C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors.

G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.

H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS ”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.
80 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version

I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.

J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS , and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS .

K. The PROJECT SPONSOR is implementing a project or program (“PROJECT ”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS . The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.

L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.

NOW , THEREFORE , it is agreed by and between the parties as follows:

SECTION I

PROJECT SPONSOR AGREES:

1. P
ROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference.

a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements

81 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version

2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.

3. P
ROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.

4. P
ROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

5. P
ROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this A GREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.

6. P
ROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT .

7. P
ROJECT SPONSOR shall return to A LAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS , if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the P ROJECT ’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).

8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT .

9. P
ROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR ’S staff.

10. P
ROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT , and shall not be included in the total 82 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version
eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.

11. The cost of maintenance, security, or protection pe rformed by P ROJECT SPONSOR or third-
party contractors during any temporary suspension o f activities associated with the P ROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.

12. P
ROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR .

13. PROJECT SPONSOR shall invite A LAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR ’s selection panel for the selection of all profess ional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request.

14. All locally funded contracts approved by P
ROJECT SPONSOR , funded wholly or in part with
Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program.

15. P
ROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR , professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT . PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this A GREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

16. P
ROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT . The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.

83 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version

17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT , but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR . The required minimum invoicing frequency and invoice forms are provided in Appendix C:

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT .

18. P
ROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.

19. P
ROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this A GREEMENT , including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR ’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT , and (iii) the end of the PROJECT ’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT .

a. PROJECT SPONSOR and PROJECT SPONSOR ’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts.

b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR ’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT .

20. P
ROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT .

84 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version
a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the P ROJECT , and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the P ROJECT . For TFCA funding obligated through this A GREEMENT , S PONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.

b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR ’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.

c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.

For TFCA funding obligated through this A GREEMENT , S PONSOR shall also credit the BAAQMD as a funding source.

d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT , through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.

For TFCA funding obligated through this A GREEMENT , S PONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.

e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances.

21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this A GREEMENT .

22. P
ROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS .

23. P
ROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.
85 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version

24. P
ROJECT SPONSOR shall render a report or answer any and all inquir ies, upon A LAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS , compliance audit findings, and usage of A LAMEDA CTC ADMINISTERED FUNDS before the A LAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.

25. For TFCA funds obligated by this A
GREEMENT , a PROJECT SPONSOR who has failed a
BAAQMD financial or performance audit for the P ROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the A GREEMENT .

SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

26. For TFCA funds obligated by this AGREEMENT , PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if P ROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

27. For TFCA funds obligated by this A
GREEMENT , PROJECT SPONSOR shall submit a TFCA
Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.

SECTION II

ALAMEDA CTC AGREES:

1. A
LAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT .

2. A
LAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT .

3. A
LAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT .

4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR , which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.

86 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version

5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS .

SECTION III

IT IS MUTUALLY AGREED AS FOLLOWS:

1. That A
LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT , so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.

2. A
LAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT . Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR . Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:

Project Control Information which reflects the requested changes by the PROJECT SPONSOR .

3. For the purposes of this A
GREEMENT , (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT , including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT .

4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the P ROJECT covered by this
AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT . ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.

5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT , ALAMEDA CTC ADMINISTERED FUNDS will not be 87 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version
transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.

ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT , as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT .

6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT .

7. For TFCA funds obligated by this A
GREEMENT , this A GREEMENT is subject to the current
BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:

Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this A GREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.

8. The laws of the State of California shall govern this A GREEMENT .

9. All correspondence and communications will contain A LAMEDA CTC project number and
name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant P ROJECT records promptly available for audit and copying.

11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically provided for in App endix A: Project Control Information, and P ROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used here in, equals the amount of A LAMEDA CTC ADMINISTERED FUNDS obligated by this A GREEMENT to a phase, divided by the total funding for the p hase, as shown in Appendix A: Project Control Information. For any R equest for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures f or the phase expected to be funded by A LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT , and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.

12. A
LAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT . In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails 88 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version
to meet the reporting and invoicing requirements of this AGREEMENT , ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT . Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.

13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this A GREEMENT will be ineligible for
reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.

ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT .

14. Each Right-of-Way transaction which is funded either wholly or in part with A

LAMEDA CTC
ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT , irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.

15. For the purposes of the following provisions, “A
LAMEDA CTC Share” shall mean the
percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS , ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San Francisco- Oakland, San Jose, CA.

a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:

ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. 89 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version

b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT , and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”.

c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT .

d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS , PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.

e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs.

f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR . If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, A LAMEDA
CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.

17. P
ROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.
90 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version

18. Reimbursement to P
ROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):

a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.

b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT .

c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization.

d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.

e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT .

f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.

19. If PROJECT SPONSOR materially breaches this AGREEMENT , including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT , or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT .

20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT . It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-in- interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT , including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT . If TFCA funds are obligated by this AGREEMENT , PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from 91 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version
any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT .

21. Neither PROJECT SPONSOR , nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT . It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR , its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT , including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT .

22. Nothing in the provisions of this A
GREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT . This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.

23. All legal actions by either party against the other arising from this A GREEMENT , or for the
failure to perform in accordance with the applicable standard of care, or for any other cause of actio n, will be subject to the statutes of limitations of the State of California.

24. Should it become necessary to enforce the terms of this AGREEMENT , the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

25. This A
GREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT .

26. This AGREEMENT , including its Recitals and Appendices, constitutes the entire AGREEMENT . This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties.

[Signatures on the next page]

92 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version

CITY OF DUBLIN
(PROJECT SPONSOR )

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Linda Smith Date
City Manager
Tess Lengyel Date
Executive Director
Recommended
By:

Gary Huisingh Date
Deputy Executive Director of
Capital Projects

Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form:

Approved as to Legal Form:

By:

By:

John Bakker Date Legal Counsel to CITY OF DUBLIN
Wendel Rosen LLP Date
Legal Counsel to ALAMEDA CTC

93 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

2021 PFA Version

LIST OF APPENDICES
APPENDIX A: P ROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and R eimbursement Ratio Appendix A-6 Project Phase Cost Detail

APPENDIX B: A LAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT

A
PPENDIX C: A LAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS

APPENDIX D: L OCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS

A
PPENDIX E: D ELIVERABLES AND DUE DATES

A
PPENDIX F: P ROJECT PERFORMANCE MEASURES

A
PPENDIX G: T RANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effe ctiveness” Appendix G-2 BAAQMD-approved TFCA County Program Ma nager Fund Policies Appendix G-3 Minimum required insurance for TFCA-fu nded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-fun ded projects

Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT .

94 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix A – Page 1

APPENDIX A

PROJECT CONTROL INFORMATION

Appendix Index

Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail

95 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix A – Page 2
APPENDIX A-1

PROJECT DESCRIPTION

Project Description:

The Safe Routes to Schools Project implements improvements near twelve schools in the City of Dublin. The proposed improvements were selected based upon recommendations of walk audits.

The funding obligated by this AGREEMENT is for developing design specifications leading up to major engineering and construction improvements including, but not limited to:

1. Installation of Rectangular Rapid Flashing Beacons (RRFBs) and other intersection improvements at 3 locations: Central Parkway and Aspen Street, Amador Valley Boulevard and Burton Street and at Grafton Street and Antone Way intersections.

2. Sidewalk Repair – Replacement of damaged sidewalk (approximately 18,920 square feet of sidewalk) on Village Parkway between Brighton Road and Tamarack Drive in the vicinity of Dublin High School and Fredrikson Elementary School.

3. Traffic Signal Modification - Addition of protected left turn phases northbound and southbound on Hibernia Drive to eliminate conflicts between pedestrians and left turning vehicles at the intersection of Central Parkway and Hibernia Drive.

4. Other Safety Improvements - General improvements at various locations include restriping crosswalks to high visibility type and upgrade of curb ramps to be compliant with existing ADA standards.

96 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix A – Page 3
APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE

The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

FINAL DESIGN
• Development of Final Design Plans and Specifications leading to the construction of safe routes to school improvements in Dublin.

CONSTRUCTION
• Consist of construction activities for the following:
o Installation of Rectangular Rapid Flashing Beacons (RRFBs) and other intersection improvements at 3 locations: Central Parkway and Aspen Street, Amador Valley Boulevard and Burton Street and at Grafton Street and Antone Way intersections. o Traffic Signal Modification - Addition of protected left turn phases northbound and southbound on Hibernia Drive to eliminate conflicts between pedestrians and left turning vehicles at the intersection of Central Parkway and Hibernia Drive. o Other Safety Improvements - General improvements at various locations include restriping crosswalks to high visibility type and upgrade of curb ramps to be compliant with existing ADA standards.

97 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE

Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Final Design (Plans, Specifications and Estimate (PS&E)) 06/2022 12/2023 Construction
Release Request for Proposal/Advertisement 01/2024 03/2024 Contract Award 03/2024 04/2024
Construction Activities 05/2024 11/2024
Project Closeout 10/2024 12/2024

98 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix A – Page 5
APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT .

PHASE
Alameda CTC
Administered
Funds
Sponsor
Funds Total
Funding
2010 Vehicle
Registration Fee
Disc-BP
Local Funds
Final Design (PS&E) $110,000 $40,000 $150,000
Construction $390,000 $10,000 $400,000
Total Project Cost $500,000 $50,000 $550,000
99 Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix A – Page 6
APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds)

The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered
Funds Matching
Funds

Total
Funding

Reimbursement
Ratio
Percentage 2010 Vehicle
Registration Fee
Disc-BP
Final Design (PS&E) $110,000 $40,000 $150,000 73.33% Construction $390,000 $10,000 $400,000 97.50%
Total Funding $500,000 $50,000 $550,000

Notes:
• PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.

100
Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix A – Page 7

APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT .

PHASE COST DETAIL

FINAL DESIGN
2010 Vehicle
Registration Fee
Disc-BP

Matching
Funds
Total Cost
Sponsor Staff/Labor Cost $ - $ - $ -
Contract(s)/Other Direct Cost $110,000 $40,000 $150,000 Total Phase Cost
(Staff + Contract Costs) $110,000 $40,000 $150,000

PHASE COST DETAIL

CONSTRUCTION
2010 Vehicle
Registration Fee
Disc-BP

Matching
Funds
Total Cost
Sponsor Staff/Labor Cost $ - $ - $ -
Contract(s)/Other Direct Cost $390,000 $10,000 $400,000 Total Phase Cost
(Staff + Contract Costs) $390,000 $10,000 $400,000

Notes:
• Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).

101
Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix B - Page 1

APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
2010 VRF Disc-BP Final Design 4/28/22 6/1/22 The Agreement Expiration Date
serves as the
expenditure deadline
date .
$110,000
2010 VRF Disc-BP Construction 4/28/22 7/1/23 $390,000

Total Alameda CTC Administered Funds Obligated by AGREEMENT : $500,000

Agreement Expiration Date: December 31, 2024

Notes:

1. A
LAMEDA CTC reimbursement amounts by fund source for P ROJECT shall not exceed the total amount obligated by this AGREEMENT , by fund source.

2. The Commission Approval Date is the date of the mee ting at which the Commission approved the allocation.

3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be i ncurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT .

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT .

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be refle cted in an amended Table B-1, once approved.

7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions t o the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD.

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Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix B - Page 2
APPENDIX B (CONT .)

Reimbursement of A
LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 FY 22/23 Any 2010 VRF $250,000 $250,000
2 FY 23/24 Any 2010 VRF $250,000 $500,000

Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR .

4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s wr itten approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.
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Attachment 3

Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports ar e required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☐
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31
st
By January 31 st
By April 30 th
By July 31 st
☒
Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30
By January 31
st
By July 31 st
☐
Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30

By July 31
st

☒
Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

1. For all projects, the maximum frequency for Request s for Reimbursement is one (1) per month.

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eli gible for reimbursement.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms:
https://www.alamedactc.org/funding/reporting-and-grant-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form
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Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix C – Page 2

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Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:

• Sample template language for professional and construction services is available from A LAMEDA
CTC’s website: https://www.alamedactc.org/get-involved/contract-equity

• Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/get- involved/contracting-forms/

• The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.

• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email:
[email protected]
Phone: (510) 208-7472
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Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS .

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Progress Report #1: July to December, 2022 Januar y 31, 2023 2 Copy of Request for Proposal for professional ser vices January 31, 2023 3 Progress Report #2: January to June, 2023 July 31 , 2023 4 Progress Report #3 July to December, 2023 January 31, 2024 5 Copy of Final Plans and Specifications January 31 , 2024 6 Copy of Request for Proposal for Construction Jan uary 31, 2024 7 Progress Report #4: January to June, 2024 July 31 , 2024 8 Copy of Photos or resolution to confirm construct ion completion By the Agreement Expiration Date
9 Final Invoice By the Agreement
Expiration Date
10 Final Report By the Agreement
Expiration Date
Note:
• Per Section III.19 of AGREEMENT , Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.

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Alameda CTC Agreement No. A22-0026
Project No. 1570000

Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Appendix F is Not Applicable.
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Appendix G – Page 1

APPENDIX G

TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS

The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT .

Appendix Index

Appendix G-1 TFCA Project Number and “Years of Effe ctiveness” Appendix G-2 BAAQMD-approved TFCA County Program Ma nager Fund Policies Appendix G-3 Minimum required insurance for TFCA-fu nded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-fun ded projects

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PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF DUBLIN
for the

DUBLIN DOWNTOWN STREETSCAPE PLAN IMPLEMENTATION

This Project Funding Agreement (“A GREEMENT ”), dated for reference purposes only as of July 22, 2021, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION , a joint powers agency (“ALAMEDA CTC”), and the CITY OF DUBLIN , a public agency (“PROJECT SPONSOR ”).

This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

Alameda CTC Administered Funds Obligated by this AGREEMENT , for the PROJECT , as such term is defined in Recital K below.

☒ 2000 Measure B
☐ 2014 Measure BB
☒ Vehicle Registration Fee
☐ Transportation Fund for Clean Air
☐ CMA TIP

RECITALS

A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.

B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.

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C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors.

G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.

H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS ”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.
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Project No. 1571000

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I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.

J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS , and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS .

K. The PROJECT SPONSOR is implementing a project or program (“PROJECT ”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS . The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.

L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.

NOW , THEREFORE , it is agreed by and between the parties as follows:

SECTION I

PROJECT SPONSOR AGREES:

1. P
ROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference.

a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements

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2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.

3. P
ROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.

4. P
ROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

5. P
ROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this A GREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.

6. P
ROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT .

7. P
ROJECT SPONSOR shall return to A LAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS , if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the P ROJECT ’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).

8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT .

9. P
ROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR ’S staff.

10. P
ROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT , and shall not be included in the total 113
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Project No. 1571000

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eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.

11. The cost of maintenance, security, or protection pe rformed by P ROJECT SPONSOR or third-
party contractors during any temporary suspension o f activities associated with the P ROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.

12. P
ROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR .

13. PROJECT SPONSOR shall invite A LAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR ’s selection panel for the selection of all profess ional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request.

14. All locally funded contracts approved by P
ROJECT SPONSOR , funded wholly or in part with
Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program.

15. P
ROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR , professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT . PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this A GREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

16. P
ROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT . The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.

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Project No. 1571000

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17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT , but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR . The required minimum invoicing frequency and invoice forms are provided in Appendix C:

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT .

18. P
ROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.

19. P
ROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this A GREEMENT , including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR ’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT , and (iii) the end of the PROJECT ’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT .

a. PROJECT SPONSOR and PROJECT SPONSOR ’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts.

b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR ’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT .

20. P
ROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT .

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a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the P ROJECT , and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the P ROJECT . For TFCA funding obligated through this A GREEMENT , S PONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.

b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR ’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.

c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.

For TFCA funding obligated through this A GREEMENT , S PONSOR shall also credit the BAAQMD as a funding source.

d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT , through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.

For TFCA funding obligated through this A GREEMENT , S PONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.

e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances.

21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this A GREEMENT .

22. P
ROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS .

23. P
ROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.
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24. P
ROJECT SPONSOR shall render a report or answer any and all inquir ies, upon A LAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS , compliance audit findings, and usage of A LAMEDA CTC ADMINISTERED FUNDS before the A LAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.

25. For TFCA funds obligated by this A
GREEMENT , a PROJECT SPONSOR who has failed a
BAAQMD financial or performance audit for the P ROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the A GREEMENT .

SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

26. For TFCA funds obligated by this AGREEMENT , PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if P ROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

27. For TFCA funds obligated by this A
GREEMENT , PROJECT SPONSOR shall submit a TFCA
Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.

SECTION II

ALAMEDA CTC AGREES:

1. A
LAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT .

2. A
LAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT .

3. A
LAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT .

4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR , which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.

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5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS .

SECTION III

IT IS MUTUALLY AGREED AS FOLLOWS:

1. That A
LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT , so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.

2. A
LAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT . Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR . Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:

Project Control Information which reflects the requested changes by the PROJECT SPONSOR .

3. For the purposes of this A
GREEMENT , (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT , including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT .

4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the P ROJECT covered by this
AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT . ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.

5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT , ALAMEDA CTC ADMINISTERED FUNDS will not be 118
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transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.

ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT , as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT .

6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT .

7. For TFCA funds obligated by this A
GREEMENT , this A GREEMENT is subject to the current
BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:

Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this A GREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.

8. The laws of the State of California shall govern this A GREEMENT .

9. All correspondence and communications will contain A LAMEDA CTC project number and
name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant P ROJECT records promptly available for audit and copying.

11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically provided for in App endix A: Project Control Information, and P ROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used here in, equals the amount of A LAMEDA CTC ADMINISTERED FUNDS obligated by this A GREEMENT to a phase, divided by the total funding for the p hase, as shown in Appendix A: Project Control Information. For any R equest for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures f or the phase expected to be funded by A LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT , and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.

12. A
LAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT . In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails 119
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to meet the reporting and invoicing requirements of this AGREEMENT , ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT . Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.

13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this A GREEMENT will be ineligible for
reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.

ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT .

14. Each Right-of-Way transaction which is funded either wholly or in part with A

LAMEDA CTC
ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT , irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.

15. For the purposes of the following provisions, “A
LAMEDA CTC Share” shall mean the
percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS , ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San Francisco- Oakland, San Jose, CA.

a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:

ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. 120
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b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT , and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”.

c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT .

d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS , PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.

e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs.

f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR . If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, A LAMEDA
CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.

17. P
ROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.
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18. Reimbursement to P
ROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):

a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.

b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT .

c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization.

d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.

e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT .

f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.

19. If PROJECT SPONSOR materially breaches this AGREEMENT , including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT , or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT .

20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT . It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-in- interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT , including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT . If TFCA funds are obligated by this AGREEMENT , PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from 122
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Project No. 1571000

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any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT .

21. Neither PROJECT SPONSOR , nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT . It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR , its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT , including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT .

22. Nothing in the provisions of this A
GREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT . This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.

23. All legal actions by either party against the other arising from this A GREEMENT , or for the
failure to perform in accordance with the applicable standard of care, or for any other cause of actio n, will be subject to the statutes of limitations of the State of California.

24. Should it become necessary to enforce the terms of this AGREEMENT , the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

25. This A
GREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT .

26. This AGREEMENT , including its Recitals and Appendices, constitutes the entire AGREEMENT . This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties.

[Signatures on the next page]

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Project No. 1571000

2021 PFA Version

CITY OF DUBLIN
(PROJECT SPONSOR )

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Linda Smith Date
City Manager
Tess Lengyel Date
Executive Director
Recommended
By:

Gary Huisingh Date
Deputy Executive Director of
Capital Projects

Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form:

Approved as to Legal Form:

By:

By:

John Bakker Date Legal Counsel to CITY OF DUBLIN
Wendel Rosen LLP Date
Legal Counsel to ALAMEDA CTC

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LIST OF APPENDICES
APPENDIX A: P ROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and R eimbursement Ratio Appendix A-6 Project Phase Cost Detail

APPENDIX B: A LAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT

A
PPENDIX C: A LAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS

APPENDIX D: L OCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS

A
PPENDIX E: D ELIVERABLES AND DUE DATES

A
PPENDIX F: P ROJECT PERFORMANCE MEASURES

A
PPENDIX G: T RANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effe ctiveness” Appendix G-2 BAAQMD-approved TFCA County Program Ma nager Fund Policies Appendix G-3 Minimum required insurance for TFCA-fu nded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-fun ded projects

Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT .

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Appendix A – Page 1

APPENDIX A

PROJECT CONTROL INFORMATION

Appendix Index

Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail

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Appendix A – Page 2
APPENDIX A-1

PROJECT DESCRIPTION

Project Description:

The Downtown Dublin Streetscape Plan proposed several pedestrian and bicycle improvements in the downtown Dublin area.

The project will install a mid-block crosswalk on Regional Street between Dublin Boulevard and Amador Valley Boulevard in Downtown Dublin. This includes installation of Rectangular Rapid Flashing Beacons (RRFBs), a midblock crosswalk, bulbouts with opportunities for ornamental or stormwater planting and associated signing and striping improvements.

The proposed mid-block crosswalk will provide pedestrians with a safe crossing without having to walk long distances to commercial destinations on Regional Street. The crosswalk will also increase pedestrian visibility and encourage vehicles and cyclists to proceed at a reduced speed.

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Appendix A – Page 3
APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE

The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

FINAL DESIGN
• Development of Final Design Plans and Specifications leading to the construction of the PROJECT

CONSTRUCTION
• Includes improvements on Regional Street between Dublin Boulevard and Amador Valley Boulevard in Downtown Dublin.
• Includes installation of Rectangular Rapid Flashing Beacons (RRFBs), a midblock crosswalk, bulbouts with opportunities for ornamental or stormwater planting and associated signing and striping improvements.

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Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE

Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Final Design (Plans, Specifications and Estimate (PS&E)) 04/2022 12/2022 Construction
Release Request for Proposal / Advertisement 01/2023 02/2023 Contract Award 03/2023 04/2023
Construction Activities 06/2023 12/2023
Project Closeout 12/2023 06/2024

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Appendix A – Page 5
APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT .

PHASE
Alameda CTC
Administered Funds
Sponsor
Funds Total
Funding
2000 Measure B
Disc-TCD
2010 Vehicle
Registration
Fee
Disc-BP
Local Funds
Final Design (PS&E) $41,000 $ - $14,000 $55,000
Construction $ - $226,000 $75,000 $301,000
Total Project Cost $41,000 $226,000 $89,000 $356,000 130
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Appendix A – Page 6
APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds)

The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered Funds Matching
Funds

Total
Funding

Reimbursement
Ratio
Percentage 2000 Measure B
Disc-TCD
2010 Vehicle
Registration
Fee
Disc-BP
Final Design
(PS&E) $41,000
$ - $14,000 $55,000 74.55%
Construction $ - $226,000 $75,000 $301,000 75.08%
Total Funding $41,000 $226,000 $89,000 $356,000

Notes:
• PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.

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Appendix A – Page 7

APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT .

PHASE COST DETAIL
FINAL DESIGN 2000 Measure B
Disc-TCD

Matching
Funds
Total Cost
Sponsor Staff/Labor Cost $ - $ - $ -
Contract(s)/Other Direct Cost $41,000 $14,000 $55,000 Total Phase Cost
(Staff + Contract Costs) $41,000 $14,000 $55,000

PHASE COST DETAIL

CONSTRUCTION
2010 Vehicle
Registration Fee
Disc-BP

Matching
Funds
Total Cost
Sponsor Staff/Labor Cost $ - $ - $ -
Contract(s)/Other Direct Cost $226,000 $75,000 $301,000 Total Phase Cost
(Staff + Contract Costs) $226,000 $75,000 $301,000

Notes:
• Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).

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Appendix A – Page 8

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Appendix B - Page 1

APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
2000 MB Disc-TCD Final Design 7/22/21 7/1/21 The Agreement Expiration Date
serves as the
expenditure deadline
date .
$41,000
2010 VRF Disc-BP Construction 7/22/21 7/1/22 $226,000

Total Alameda CTC Administered Funds Obligated by AGREEMENT : $267,000

Agreement Expiration Date: December 31, 2024

Notes:

1. A
LAMEDA CTC reimbursement amounts by fund source for P ROJECT shall not exceed the total amount obligated by this AGREEMENT , by fund source.

2. The Commission Approval Date is the date of the mee ting at which the Commission approved the allocation.

3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be i ncurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT .

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT .

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT .

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be refle cted in an amended Table B-1, once approved.

7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions t o the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD.

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Appendix B - Page 2
APPENDIX B (CONT .)

Reimbursement of A
LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 FY 21/22 Any 2000 MB $41,000 $41,000
Subtotal 2000 MB $41,000
2 FY 22/23 Any 2010 VRF $226,000 $226,000
Subtotal 2010 VRF $226,000

Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR .

4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s wr itten approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.
135
Attachment 4

Alameda CTC Agreement No. A22-0027
Project No. 1571000

Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports ar e required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☐
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31
st
By January 31 st
By April 30 th
By July 31 st
☒
Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30
By January 31
st
By July 31 st
☐
Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30

By July 31
st

☒
Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

1. For all projects, the maximum frequency for Request s for Reimbursement is one (1) per month.

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eli gible for reimbursement.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms:
https://www.alamedactc.org/funding/reporting-and-grant-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form
136
Attachment 4

Alameda CTC Agreement No. A22-0027
Project No. 1571000

Appendix C – Page 2

137
Attachment 4

Alameda CTC Agreement No. A22-0027
Project No. 1571000

Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:

• Sample template language for professional and construction services is available from A LAMEDA
CTC’s website: https://www.alamedactc.org/get-involved/contract-equity

• Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/get- involved/contracting-forms/

• The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.

• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email:
[email protected]
Phone: (510) 208-7472
138
Attachment 4

Alameda CTC Agreement No. A22-0027
Project No. 1571000

Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS .

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Progress Report #1: July to December, 2021 Januar y 31, 2022 2 Copy of Request for Proposal for professional ser vices January 31, 2022 3 Progress Report #2: January to June, 2022 July 31 , 2022 4 Copy of Final Plans and Specifications January 31 , 2023 5 Copy of Advertisement for construction contract(s ) January 31, 2023 6 Progress Report #3: July to December, 2022 Januar y 31, 2023 7 Progress Report #4: January to June, 2023 July 31 , 2023 8 Progress Report #5: July to December, 2023 Januar y 31, 2024 9 Progress Report #6: January to June, 2024 July 31 , 2024 10 Copy of project completion photos By the Agreement
Expiration Date
11 Final Invoice By the Agreement
Expiration Date
12 Final Report By the Agreement
Expiration Date
Note:
• Per Section III.19 of AGREEMENT , Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.

139
Attachment 4

Alameda CTC Agreement No. A22-0027
Project No. 1571000

Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Appendix F is Not Applicable.
140
Attachment 4

Alameda CTC Agreement No. A22-0027
Project No. 1571000

Appendix G – Page 1

APPENDIX G

TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS

The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT .

Appendix Index

Appendix G-1 TFCA Project Number and “Years of Effe ctiveness” Appendix G-2 BAAQMD-approved TFCA County Program Ma nager Fund Policies Appendix G-3 Minimum required insurance for TFCA-fu nded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-fun ded projects

141
Number ST0517 Program STREETS
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS TOTALS
9100 $45,218 $55,802 $30,160 $30,160 $30,160 $191,500
9200 $524,885 $226,115 $62,350 $222,350 $302,350 $1,338,050 9400 $1,380,060 $395,608 $390,988 $390,988 $390,988 $2,948,632 9500 $768 $19,460 $9,730 $9,730 $9,730 $49,418
$1,950,931 $696,985 $493,228 $653,228 $733,228 $4,527,600 PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS TOTALS
1001 $384,358 $263,642 $105,000 $105,000 $105,000 $963,000 2203 $192,683 $17,317 $210,000
2204 $509,900 $100 $510,000
2205 $122,461 $20,439 $142,900
2214 $574,569 $337,031 $280,000 $280,000 $280,000 $1,751,600 Transportation Development Act
Miscellaneous
TOTAL
General Fund
Measure B Sales Tax - Local Streets
Fund (ACTC)

FUNDING SOURCE
Measure B Sales Tax - Bike &
Pedestrian Fund (ACTC)
Measure BB Sales Tax - Local Streets
Fund (ACTC)
Contract Services
Improvements

CITYWIDE BICYCLE AND PEDESTRIAN IMPROVEMENTS

ESTIMATED COSTS
Salaries & Benefits
2022-2027 CAPITAL IMPROVEMENT PROGRAM

PROJECT DESCRIPTION
This project includes planning, design, and construction of improvements to various pedestrian and bicycle facilities throughout the City, including pedestrian/bicycle bridges. This project replaces former projects that provided funding for Americans with Disabilities Act (ADA) Transition Plan improvements and Citywide Sidewalk Repair Improvements. In addition to the scope of those previous projects, this project includes design and construction of improvements recommended in the City of Dublin Bicycle and Pedestrian Master Plan, the ADA Transition Plan, and the Class 1 Facilities Maintenance Plan.

The project includes an update to the ADA Transition Plan. The plan update will include a review of City buildings, parks, and rights-of-way. The ADA Transition Plan update will be funded by General Fund. It is anticipated that the ADA Transition Plan update will be completed in 2022.

An update of the City of Dublin Bicycle and Pedestrian Master Plan began in Fiscal Year 2019-20 and is anticipated to be completed in summer 2022.

ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
Attachment 5
142
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS TOTALSFUNDING SOURCE
2215 $166,959 $58,457 $108,228 $268,228 $348,228 $950,100 $1,950,931 $696,985 $493,228 $653,228 $733,228 $4,527,600

ANNUAL OPERATING IMPACT
TOTAL
Measure BB Sales Tax - Bike &
Pedestrian Fund (ACTC)
143

STAFF REPORT

CITY COUNCIL

Agenda Item 4.5
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Second Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay
Prepared by: Jennifer Mendez, Management Analyst I
EXECUTIVE SUMMARY:

The City Council will consider a second amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay to increase the not-to-exceed compensation amount for the provision of recreational classes.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Second Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay for Recreation Services.

FINANCIAL IMPACT:

The City retains 40% and the contractor receives 60% of fee revenue from classes held within City facilities (or a 30%/70% split for virtual classes). The proposed second amendment to the agreement increases the current not-to-exceed amount of $95,000 to $135,000, resulting in an additional $16,000 revenue share for the City.

DESCRIPTION:

The Parks and Community Services Department regularly engages independent contractors to deliver recreational activities and programs to the community. Upon acceptance of a proposal, the Staff works with the contractor to determine the specifics of the activity, facility availability, participant minimums and maximums, and participant age ranges. All contractors set their prices and schedules for activities or programs.

On February 21, 2021, the City entered into a Contract Instructor Services agreement with Squad Estates, dba Skyhawks Tri-Valley East Bay for the instruction of the basics and fundamentals of sports including basketball, lacrosse, soccer, golf, track and field, flag football, baseball, and multi- sports camps and classes.
144

On September 7, 2021, the agreement was amended following an increase in summer 2021 offerings resulting in Skyhawks exceeding the $45,000 threshold for the City Manager’s signature.

The amendment included a not-to-exceed compensation amount of $95,000 and extended the term of the agreement to June 30, 2022.

In the spring and summer 2022 seasons, Skyhawks increased staffing levels to accommodate participant waitlists generating a revenue share exceeding $95,000. As a result, an increase to the not-to-exceed compensation amount of $95,000 to $135,000 is required as a second amendment to the agreement to close out the vendor’s Fiscal Year 2021-22 invoices.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving a Second Amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay for Recreation Services 2) Exhibit A to the Resolution – Second Amendment to the Contract Instructor Services Agreement with Squad Estates
145
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1 RESOLUTION NO. XX - 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A SECOND AMENDMENT TO THE CONTRACT INSTRUCTOR SERVICES

AGREEMENT WITH SQUAD ESTATES DBA SKYHAWKS TRI-VALLEY EAST BAY FOR

RECREATION SERVICES
WHEREAS, on February 1, 2021, the City of Dublin (“City”) and Squad Estates dba Skyhawks Tri-Valley East Bay (“Instructor”) entered into an Agreement for Contract Instructor Services (“Agreement”); and
WHEREAS, on September 7, 2021, the City and Contractor agreed to amend the Agreement to provide for a not-to-exceed compensation amount of $95,000 and a term extension to June 30, 2022; and
WHEREAS, in the spring and summer 2022 seasons, Skyhawks increased staffing levels to accommodate participant waitlists generating a revenue share exceeding $95,000 and requiring a second amendment to the Agreement; and
WHEREAS, the City and Instructor hereby wish to increase the not-to-exceed amount to $135,000 through June 30, 2022, and close out the vendor’s Fiscal Year 2021-22 invoices.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a second amendment to the Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay for Recreation Services.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
146

SECOND AMENDMENT TO

CONTRACT INSTRUCTOR SERVICES AGREEMENT
Squad Estates dba Skyhawks Tri Valley East Bay

WHEREAS, on February 1st, 2021 the City of Dublin ("City") and Squad Estates dba Skyhawks Tri Valley East Bay ("Instructor") entered into an Agreement for Contract Instructor Services (“Agreement”); and
WHEREAS, on September 7 th, 2021 the City and Contractor agreed to amend the agreement to provide for both a not to exceed compensation amount of $95,000 a nd a term extension to June 30, 2022; and
WHEREAS, in spring and summer 2022 seasons, Skyhawks increased staffing levels to accommodate participant waitlists generating a revenue share exceeding $95,000, requiring a second amendment to the agreement: and
WHEREAS, the City and Instructor hereby wish to increase the not to exceed amount to $135,000 through June 30th, 2022, and close out the vendor’s fiscal year 2021 -2022 invoices.

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agreement is amended as follows:

1) The Amendment shall rescind the not to exceed compensation amount of $ 95,000 and replace with a not to exceed compensation amount of $135,000 and end on June 30, 2022.

2) All terms and conditions of the Agreement shall remain in full force and effect during the Extension Term, including but not limited to maintenance of all requisite insurance policies.

3) The amendment is contingent upon the City Council’s appropriation of sufficient funds.

CITY: INSTRUCTOR/BUSINESS:

By: ____________________________ By:______________________________ Linda Smith
City Manager Printed Name:_____________________

Title:____________________________

Attachment 2
Exhibit A to
the Resolution
Franchise Owner
Sergio Parra
147

STAFF REPORT

CITY COUNCIL

Agenda Item 4.6
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 Cases
Prepared by: John Bakker, City Attorney
EXECUTIVE SUMMARY:

From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act provisions. In October 2021, the City returned to in-person meetings and the Brown Act was amended to allow for teleconferencing during a state of emergency. Under the new law, AB 361, the City can continue to conduct virtual meetings where the Governor has proclaimed a State of Emergency, or state or local health officials have imposed or recommended social distancing, if the City Council makes certain required findings. From January 11 – February 10, 2022, and since May 3, 2022, the City Council has operated under a resolution pursuant to AB 361 authorizing teleconferenced meetings for at least 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days.

STAFF RECOMMENDATION:

Adopt the Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361.

FINANCIAL IMPACT:

None.
148

DESCRIPTION:

On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID-19.

On March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.

On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.

At that time and through September 2021, the City’s legislative bodies met by teleconference. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in full compliance with the Brown Act.

The City of Dublin began meeting in person beginning in October 2021.

Since the Governor issued Executive Order N-08-21, the highly contagious Delta variant has emerged, causing a spike in cases throughout the state and within the Alameda County.

Additionally, since then, the Omicron variants have emerged and been designed as a variant of concern by the United States, and the number of cases in the City have increased over the last month.

On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.

AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20. Under AB 361, the City and its legislative bodies may meet remotely when:
· The local agency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing;
· Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.

On January 11, 2022, the City Council adopted a resolution authorizing remote teleconferenced meetings for a period of 30 days pursuant to AB 361. That resolution expired on February 10, 2022.
149

At its April 19, 2022 meeting, the City Council directed Staff to bring a resolution to the May 3, 2022 meeting to allow the City Council and the City’s legislative bodies to meet virtually, including hybrid meetings, pursuant to AB 361. At its May 3, May 17, June 7, and June 21, 2022 meetings, the City Council adopted Resolution Nos. 39-22, 48-22, 65-22, and 84-22, respectively, that included the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for 30 days.

The City meets the requirements to hold meetings remotely in order to ensure the health and safety of the public:
· The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a local emergency by the Director of Emergency Services; · The CDC recommends social distancing of at least six feet due to COVID-19; · There’s been an increase of COVID-19 cases within the state and throughout Alameda County;
· Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.

The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for the next 30 days. The City Council would need to adopt a subsequent resolution declaring the need to continue to meet remotely to allow for such meetings after that 30-day period.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361
150
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 3 RESOLUTION NO. xx-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY; FINDING THAT MEETING

IN PERSON WOULD PRESENT IMMINENT RISKS TO THE HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY; AND AUTHORIZING REMOTE

TELECONFERENCED MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF DUBLIN PURSUANT TO AB 361
WHEREAS, all meetings of the City of Dublin’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code sections 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of the COVID-19 pandemic, and pursuant to Executive Order N-29-20 and its successors, the City Council met primarily virtually through September 2021; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and
WHEREAS, under AB 361 (2021), an agency meeting virtually requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has 151
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 2 of 3 declared a State of Emergency due to COVID-19; and
WHEREAS, since the issuance of Executive Order N-08-21, the highly contagious Delta variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and
WHEREAS, on November 30, 2021, the Omicron variant was designated as a variant of concern by the United States; and
WHEREAS, cases of the highly contagious Omicron variant, including a subvariant called BA.2, have caused surges of COVID-19 and there has been an increase in cases during the last month in Alameda County; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household; and WHEREAS, because of the recent rise in COVID-19 cases due in part to the highly contagious Omicron variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, the City Council finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees exists due in part to the Omicron variants of COVID-19; and
WHEREAS, the City Council finds, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of all legislative bodies created by the City Council pursuant to Government Code section 54952(b), that the presence of COVID-19 and the Delta and Omicron variants would present imminent risks to the health or safety of attendees, staff, and members; and WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the legislative body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including the Delta and Omicron variants; and
WHEREAS, the City shall ensure that its meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows:

1. The above recitals are true and correct, and incorporated into this Resolution.

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following findings:
a) The City Council has considered the circumstances of the state of emergency; and b) The state of emergency, as declared by the Governor and City Council, and as specifically related to the current increase in cases apparently resulting from the 152
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 3 of 3 Omicron variant, directly impacts the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, to meet safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19 and as a result of the presence of COVID-19 and the increase of cases due to the Omicron variant, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.

3. City staff is directed to facilitate any teleconference meetings, including hybrid meetings, of the City Council and City’s legislative bodies in compliance with AB 361, in order to better ensure the health and safety of the public for a period of thirty days following the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED this 19th day of July 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
153

STAFF REPORT

CITY COUNCIL

Agenda Item 4.7
DATE: July 19, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Croak Road Ditch Maintenance Project Off-Site Mitigation Agreements Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:

The City Council will consider approving various agreements to allow the adjacent property owner to mitigate off-site for the habitat and wetland impacts resulting from proposed storm drainage work within Croak Road street right-of-way. These agreements will provide for mitigation services, the acquisition of off-site mitigation property, and a conservation endowment for Eagle Ridge Preserve – East Property Mitigation Area.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Contract for Transfer and Performance of Mitigation Services, the Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations, and the Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area.

FINANCIAL IMPACT:

All costs to prepare these agreements are borne by the Landowner. There is no impact to the General Fund. The endowment fund will be paid by the Landowner on behalf of the City.

DESCRIPTION:

The owner of the property adjacent to Old Fallon Road, commonly known as Croak Road, GH Pac Vest, LLC (Landowner), has proposed to clean out the existing ditch between the eastern edge of pavement of Croak Road and the Landowner’s fence, as well as replace a storm drain pipe culvert and install rock slope protection to reduce drainage issues on the Landowner’s property, as depicted in the site plan (Attachment 5).

Because the proposed improvements are located within property owned by the City (Croak Road street right-of-way), the U.S. Army Corps of Engineers, the U.S. Fish & Wildlife Service, and the San 154

Francisco Bay Regional Water Quality Control Board (collectively, the resource agencies) require that the City be the permittee and project sponsor. The proposed improvements will impact existing wetlands and habitat for California Red-Legged Frog (CRLF). To mitigate for these impacts, the Landowner has identified a suitable site located in the Eagle Ridge Preserve – East Property in the counties of Contra Costa and Alameda, as depicted in Attachment 6.

The owner of the Eagle Ridge Preserve – East Property is Rocky Ridge, LLC and the land manager is Golden State Land Conservancy. The City will enter into an agreement with Rocky Ridge, LLC to establish the mitigation area, which is approximately 3.003 acres of upland habitat for CRLF and

1.001 acres for jurisdictional seasonal wetlands. The City will also enter into an agreement with Golden State Land Conservancy to manage, maintain, and monitor the mitigation area in perpetuity.

The Landowner will provide the funds for the establishment of the mitigation area and for the endowment for the perpetual management of the mitigation area for a total amount of $1,191,192.57.

Construction of the proposed improvements is anticipated to begin in September, pending issuance of permits from the resource agencies.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving the Contract for Transfer and Performance of Mitigation Services, the Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations, and the Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area 2) Exhibit A to the Resolution - Contract for Transfer and Performance of Mitigation Services 3) Exhibit B to the Resolution - Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations
4) Exhibit C to the Resolution - Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area
5) Site Plan - Croak Road Ditch Maintenance Project, Wetland Impact Exhibit 6) Location Map – Eagle Ridge Preserve – East Property
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE CONTRACT FOR TRANSFER AND PERFORMANCE OF MITIGATION

SERVICES, THE AGREEMENT REGARDING ACQUISITION OF OFF-SITE MITIGATION

PROPERTY TO ACCOMMODATE DRAINAGE DITCH MAINTENANCE OBLIGATIONS, AND

THE PERPETUAL CONSERVATION EASEMENT ENDOWMENT AGREEMENT FOR EAGLE RIDGE PRESERVE – EAST PROPERTY MITIGATION AREA
WHEREAS, GH Pac Vest, LLC (Landowner) owns certain real property within the City of Dublin located adjacent to Old Fallon Road, commonly known as Croak Road, a City street right- of-way, near the intersection of Croak Road and the Interstate 580 westbound off-ramp; and WHEREAS, the Landowner is required to construct or install certain storm drainage improvements within the City street right-of-way of Croak Road to address drainage conditions that affect the Landowner’s property (Improvements); and WHEREAS, the construction or installation of the Improvements requires the acquisition of rights to purchase mitigation for the impacts of the Improvements on California Red Legged Frog (CRLF) and wetlands habitat; and
WHEREAS, the City is the sponsor and permittee with the U.S. Army Corps of Engineers, the U.S. Fish & Wildlife Service, and the San Francisco Bay Regional Water Quality Control Board (collectively, the Resource Agencies) since the Improvements are located within City street right-of-way and the Resource Agencies require that the City be the responsible agency for mitigating the impacts caused by the Improvements; and WHEREAS, the Landowner has identified suitable and available land for habitat and species mitigation purposes on certain mitigation land owned by Rocky Ridge, LLC, known as Eagle Ridge Preserve – East Property (Off-Site Mitigation), located within the counties of Contra Costa and Alameda, in which land neither the Landowner nor the City presently has sufficient title or interest to establish the Off-Site Mitigation; and WHEREAS, the City desires to enter into a Contract for Transfer and Performance of Mitigation Services (Mitigation Agreement), attached hereto as Exhibit A, with Rock Ridge, LLC for the provision of mitigation services and Off-Site Mitigation, as further defined in the Mitigation Agreement; and
WHEREAS, the Landowner is obligated to make payment for all costs and expenses of Rocky Ridge, LLC providing Mitigation Services, as defined in the Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations, attached hereto as Exhibit B; and
WHEREAS, Rocky Ridge, LLC is under contract with Golden State Land Conservancy as the grantee of a Conservation Easement and retains the perpetual rights and obligations of management of the Off-Site Mitigation area; and
WHEREAS, the City desires to enter into a Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area, attached 156
Reso. No. XX-21, Item X.X, Adopted 07/19/22 Page 2 of 2 hereto as Exhibit C , with Golden State Land Conservancy for long-term management, maintenance, and monitoring of the preserved and established habitats for the Off-Site Mitigation; and
WHEREAS, the Landowner is obligated to provide the funds, on behalf of the City, for the establishment of the endowment, as further described in Exhibit C , for the long-term management and monitoring of the Off-Site Mitigation area, as well as to fund Golden State Land Conservancy’s management and monitoring oversight activities, enforcement, and protection of the Off-Site Mitigation area.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Contract for Transfer and Performance of Mitigation Services, attached hereto as Exhibit A , the Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations, attached hereto as Exhibit B, and the Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area, attached hereto as Exhibit C , in substantially the forms attached hereto.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Contract for Transfer and Performance of Mitigation Services, attached hereto as Exhibit A, the Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations, attached hereto as Exhibit B, and the Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area, attached hereto as Exhibit C, and make any necessary, non-substantive changes to carry out the intent of this Resolution, including revisions to the agreements, with the advice of the City Attorney, which do not materially or substantially increase the City’s obligations thereunder; to approve and execute the Escrow Instructions to be attached to the Contract for Transfer and Performance of Mitigation Services, to sign all documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the agreements and to administer the City’s obligations, responsibilities and duties to be performed thereunder.

PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACT FOR TRANSFER OF MITIGATION AND

PERFORMANCE OF MITIGATION SERVICES
ROCKY RIDGE, LLC, a California limited liability company (“Rocky Ridge”) and the City of Dublin (“City”), a municipal corporation, hereby enter into this Contract for Transfer of Mitigation and Performance of Mitigation Services (the “Agreement”) to be effective as of the 19th day of July 2022.

RECITALS
A. Rocky Ridge controls real property located in Alameda and Contra Costa Counties, California and described in Exhibit A hereto (“Eagle Ridge Preserve - East Property”).

B. Properties adjacent to the Eagle Ridge Preserve – East Property are being used for environmental regulatory agency approved special-status species mitigation.

C. Rocky Ridge owners are familiar with and have experience in (i) evaluating real property with regard to wetlands and special status species issues, (ii) preparing mitigation proposals and plans for submission to governmental agencies, (iii) processing mitigation proposals and plans through governmental agencies whose approval is required for mitigation purposes, (iv) undertaking required construction and establishment of mitigation to comply with mitigation proposal and plan requirements, (v) providing confirmation that the mitigation has been created to satisfy a permittee’s mitigation requirements; (vi) performing required monitoring and reporting following mitigation construction, and (vii) have a history of achieving agency determined mitigation success.

D. Based on its investigations, Rocky Ridge has determined that the Eagle Ridge Preserve - East Property is suitable and available for habitat and species mitigation purposes to include the establishment of seasonal wetlands and preservation of upland habitat for the California Red-Legged Frog (Rana draytonii) (“CRLF”).

E. The City is in the process of complying with Federal, and State conditions of authorizations for sediment removal and drainage reestablishment activities along portions of the Croak Road drainage ditch (the ”Project”) located in the City of Dublin, Alameda County, California.

F. As a condition of the City’s permits/approvals received or pending from any of the Authorizing Agencies (as defined in Section 1.1, below), the Authorizing Agencies have or will impose upon the City, certain habitat and species applicable mitigation requirements Attachment 2
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(“Mitigation Requirements”) as described in Schedule 1, attached to this Agreement.

G. As part of the City’s Mitigation Requirements, the City must prepare and submit to the Authorizing Agencies a Land Package for the Eagle Ridge Preserve – East Property mitigation for the Croak Road Ditch/Drainage Maintenance Project (as defined below). The City desires to contract with Rocky Ridge for Rocky Ridge to prepare the Land Package, more particularly described in the summary of such services described in Schedule 2, attached to this Agreement. The parties to this Agreement believe that as part of the Eagle Ridge Preserve – East Property mitigation for the Croak Road Ditch/Drainage Maintenance Project approval process, a detailed Formal Mitigation Proposal or Land Package will be required as described in Schedule 2 hereto.

H. Portions of the Eagle Ridge Preserve - East Property are suitable and available to meet the Mitigation Requirements to establish and preserve 1.002 of seasonal wetland habitat and preserve 3.003 acres of upland habitat suitable for use by CRLF (the “Mitigation”). Rocky Ridge desires to prepare and obtain on the City’s behalf an approved Land Package for the Mitigation, and, thereafter, to perform the other services described in Schedule 2 hereto. If the Authorizing Agencies require a conservation easement as part of the Mitigation Requirements, Rocky Ridge will provide the City with a conservation easement on the appropriate portions of the Eagle Ridge Preserve - East Property in the form required by the Authorizing Agencies.

I. The Eagle Ridge Preserve - East Property may be suitable for mitigation of multiple types of habitat and species impacts, which may include mitigation of existing habitat and/or habitat enhancement. Rocky Ridge intends to retain all mitigation and other rights with regard to the Eagle Ridge Preserve East rights and obligations and restrictions that are imposed on the Eagle Ridge Preserve – East Property by the Authorizing Agencies pursuant to the approved Croak Road Ditch/Drainage Maintenance Project Mitigation Proposal.

J. Rocky Ridge shall (i) preserve the Eagle Ridge Preserve – East Property and establish the Mitigation at the mitigation areas in accordance with the Mitigation Proposal and (ii) perform certain ongoing monitoring and maintenance and reporting activities as described in Schedule 2 hereto in furtherance of the Mitigation Requirements.

K. City desires to enter into this Agreement pursuant to which Rocky Ridge shall prepare a Land Package for the Mitigation and, thereafter, to conform to the provisions of the 159
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Authorizing Agencies approved Eagle Ridge Preserve – East Property Mitigation Proposal by performing those tasks described in Schedule 2 hereto, all on the terms and conditions set forth below. Rocky Ridge desires to enter into this Agreement with City pursuant to which Rocky Ridge agrees to prepare and provide a Land Package for the Mitigation that the City will use during City’s Mitigation approval process and to perform the other work described in Schedule 2 hereto which is required by the City Mitigation Proposal, all on the terms and conditions set forth below.

Now, therefore, Rocky Ridge and City agree as follows:

1. Definitions. The preamble and recitals set forth above are hereby incorporated by reference. For purposes of this Agreement the following terms shall have the following meanings:

1.1. Authorizing Agencies. Any governmental agency, including but not limited to, the U.S.

Army Corps of Engineers, U.S. Fish & Wildlife Service, San Francisco Bay Regional Water Quality Control Board, and California Department of Fish & Wildlife having jurisdiction to authorize the City’s permits and impose enforceable conditions of authorization.

1.2. City’s Mitigation Proposal. City’s Mitigation Proposal means the proposal prepared by Rocky Ridge, that the City will submit to Authorizing Agencies to meet their permit requirements to mitigate for impacts to wetlands and CRLF associated with the Croak Road Ditch/Drainage Maintenance Project. The City is submitting the City’s Mitigation Proposal in two parts, an Initial Mitigation Proposal and a Formal Mitigation Proposal (a.k.a. the Land Package), each described as follows:

1.2.1. Initial Mitigation Proposal. A conceptual mitigation proposal prepared by Rocky Ridge which provides general location information and a conceptual description regarding how mitigation would satisfy Authorizing Agencies Mitigation Requirements for the Project.

1.2.2. Formal Mitigation Proposal. A detailed submission of materials prepared by Rocky Ridge for City’s Mitigation and submitted to Authorizing Agencies for review and formal approval of the Eagle Ridge Preserve East Property. The materials to be submitted include a Mitigation and Management Plan proposal, Title Report, Phase I Environmental Site Assessment Report, Mineral Rights Assessment Report, draft 160
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conservation easement covering a portion of Eagle Ridge Preserve - East Property, a long-term endowment calculation spreadsheet, and other relevant supporting documentation as may be determined necessary by Authorizing Agencies and Rocky Ridge.

1.3. City’s Croak Road Ditch/Drainage Maintenance Project. City’s Croak Road Ditch/Drainage Maintenance Project means sediment removal and drainage reestablishment activities along a portion of Croak Road that City intends to perform in the City of Dublin, Alameda County, California.

1.4. City Property. That certain real property owned by the City of Dublin, located in Alameda County, California, where sediment removal and drainage reestablishment activities, subject to approval by the Authorizing Agencies, are to be performed by GH Pac-Vest, at City’s direction, and which activities are subject to, among other things, satisfaction of the conditions set out in Schedule 1 hereto.

1.5. City Permits. Those permits that are required for City to engage in City’s Project, including without limitation any U.S. Army Corps of Engineers, U. S. Fish & Wildlife Service, Regional Water Quality Control Board, and California Department of Fish & Wildlife approvals, all of which shall be obtained from the Authorizing Agencies by City, at City’s sole cost and expense.

1.6. Days. Calendar days provided if the day for performance falls on a weekend or a legal holiday (as defined in the California Civil Code), the time for such performance shall be extended until the next following working day.

1.7. Eagle Ridge Preserve - East Property. That real property described in Exhibit A hereto.

1.8. Formal Mitigation Proposal Approval. “Formal Approval” is associated with agency review and approval of submitted materials (the Mitigation and Management Plan Proposal, title report, phase 1, mineral rights assessment, review, conservation easement and long-term endowment, and other supporting documentation). This is referred to as the “Lands Package” approval. Authorizing Agencies will issue a formal letter of approval or permit/authorization. Issuance of the Lands Package approval letter officially approves the proposed mitigation allowing for implementation of the mitigation including recordation of the agency approved conservation easement.

1.9. Initial Mitigation Proposal Approval. “Initial Mitigation Proposal Approval” means the 161
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initial approval from each of the Authorizing Agencies, based on preliminary review of materials generally describing location and mitigation approach, indicating that the Mitigation Site is conditionally approved by agency staff pending full agency mitigation and management review. Authorization is usually received either by official agency letter or email.

1.10. Land Package. Documentation required by Federal and State Authorizing Agencies to approve City’s proposed compensatory mitigation at the Rocky Ridge’s Eagle Ridge Preserve East Property for the Project impacts and prior to any agencies becoming a third part beneficiary to a Conservation Easement.

1.11. Mitigation. Mitigation means the establishment of suitable and available habitat on the Mitigation Site for compensation for seasonal wetlands and CRLF habitat preservation pursuant to requirements of the Authorizing Agencies as set forth in the Mitigation Requirements and recordation of the conservation easement.

1.12. Mitigation Services. Mitigation Services means all services, material, and labor necessary or required to prepare, seek, and obtain Authorizing Agencies’ approval of the Land Package and, thereafter, to complete those mitigation tasks described in Schedule 2 hereto which are requirements of the Authorizing Agencies approved Croak Road Ditch/Drainage Maintenance Project Mitigation Requirements as pertains to the Eagle Ridge Preserve - East Property.

1.13. Mitigation Services Fee. Rocky Ridge Mitigation Services Fee has the meaning set forth in Section 3.

1.14. Mitigation Services Fee Deposit. Mitigation Services Fee Deposit has the meaning set forth in Section 3.1

1.15. Mitigation Site. Mitigation Site means that portion of the Eagle Ridge Preserve - East Property that is suitable and available for compensation for seasonal wetland establishment and CRLF habitat preservation pursuant to requirements of the Authorizing Agencies. The Mitigation Site shall be verified upon completion of the Mitigation as described in the plat and legal attached to the recorded Conservation Easement.

1.16. Non-refundable Deposit. Non-refundable Deposit has the meaning given in 162
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Section 4.

1.17. Performance Standards. Performance Standards means the observable or measurable physical (including hydrological), chemical and/or biological attributes that the Authorizing Agencies will use to determine if the Mitigation meets the objectives as established in the Initial Mitigation Proposal.

1.18. Preservation. Preservation means the removal of a threat to, or preventing the decline of, special-status species habitat. This term includes activities commonly associated with the protection and maintenance of suitable special status species habitat through the implementation of appropriate legal and physical mechanisms.

Preservation does not result in a gain or loss of aquatic resource area or functions.

2. Agreement to Provide Mitigation Services. Rocky Ridge agrees, at its own cost and expense, to perform the Mitigation Services within the time periods required by the Authorizing Agencies’ permits for the Project. The Mitigation Services shall be performed at Rocky Ridge’s sole cost and expense and at no additional cost or expense to City except for payment of the Mitigation Services Fee.

3. Mitigation Services Fee. Mitigation Service Fee consists of the following:

3.1. Mitigation Service Fee. Within ten (10) business days after execution of the Escrow Agreement as defined in this section by the City, Rocky Ridge and Escrow Holder, City shall deliver the sum of Nine Hundred and Eighty Four Thousand Dollars and No One Hundredths ($984,000) (the “Mitigation Services Fee ”) to the licensed, insured escrow company identified by Rocky Ridge (“Escrow Holder”) to be held in an interest bearing escrow account and thereafter disbursed as set forth in this Agreement and as specified in the agreement with the Escrow Holder the form of which is attached hereto as Exhibit B (the “Escrow Agreement”).

3.2. Mitigation Services Fee Deposit. The Escrow Agreement shall provide that upon receipt of “Mitigation Services Fee,” the Escrow Holder shall deliver to Rocky Ridge a deposit amount equal to 10% of the Mitigation Services Fee (the “Mitigation Services Fee Deposit"). This initial deposit of 10% is fully refundable until the “Initial Mitigation Proposal Approval” from the Authorizing Agencies.

3.3. Mitigation Service Fee Payment. The Escrow Agreement shall provide that except in the 163
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circumstances described in Section 5, below, upon “Formal Mitigation Site Approval” of City’s Mitigation by the Authorizing Agencies the remainder of the Mitigation Services Fee, including any additional Mitigation Service Fees (approved by both parties), and any interest earned thereon, shall be released by the Escrow Holder and paid to Rocky Ridge. Upon such release, City shall be deemed to have paid the Mitigation Services Fee. All reasonable escrow fees under the Escrow Agreement shall be paid by City.

4. Cancellation of City’s Project. The Escrow Agreement shall provide that subject to Section

3.2, if, after the Initial Mitigation Proposal Approval and prior to the submittal date of the Formal Mitigation Proposal to the Authorizing Agencies, if for any reason the City gives written notice to Rocky Ridge that it will not go forward with City’s Mitigation Proposal, the Escrow Holder shall, release from the Escrow and pay to Rocky Ridge the sum equal to 20% of the Mitigation Services Fee Deposit, including interest earned thereon (“Non-refundable Deposit”), which shall then be deemed earned in full by Rocky Ridge, and that the balance of the Mitigation Services Fee Deposit shall be returned to City and the Escrow cancelled.

This Agreement shall then terminate in its entirety and Rocky Ridge shall thereafter have no further obligations hereunder. City agrees that the Non-refundable Deposit amount shall be due and payable to Rocky Ridge for its services rendered from the Effective Date until the date of cancellation of the escrow under the terms of this paragraph.

5. Term of Agreement. Subject to Section 4, above, the term of this Agreement shall commence on the date the City Council approves the Agreement and the City’s obligations shall terminate on the date that City obtains closure letters, e-mail acknowledgements or other forms of notification from the Authorizing Agencies that the Performance Standards have been met. Rocky Ridge shall continue to have an enforceable duty hereunder to perform any long-term management activities required by the Formal Mitigation Proposal Approval or conservation easement, whether or not the City is a party to the conservation easement.

6. Performance of Mitigation Services. In performing the Mitigation Services, Rocky Ridge may engage the services of consultants, contractors, subcontractors, and such other parties (“Rocky Ridge’s Contractors”) as Rocky Ridge, in its discretion, may deem advisable. City shall have no contractual relationship with Rocky Ridge’s Contractors, all of whom shall be retained solely by Rocky Ridge and for whom Rocky Ridge shall be solely responsible. 164
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7. City Responsibilities.

7.1. City Permits. At its sole cost and expense, City shall obtain all necessary government authorizations for the work contemplated by City for the City’s Project, including acceptance by Authorizing Agencies of the Mitigation Site location and acreage. If Rocky Ridge’s Mitigation Services are delayed as a result of a delay in City obtaining the City Permits, then the time period for Rocky Ridge’s completion of the Mitigation Services shall be extended by the amount of delay so caused.

7.2. Delivery of Documents. Within ten (10) days after execution of this document, City shall deliver to Rocky Ridge true and correct copies of (i) all current permit applications for City’s Croak Road Ditch/Drainage Maintenance Project, (ii) copies of correspondence with Authorizing Agencies relevant to performance of Mitigation Services by Rocky Ridge, (iii) copies of final existing maps relating to Croak Road Ditch/ Drainage Maintenance Project and (iv) any reports, investigations, studies or other documentation related to City’s applicable mitigation requirements.

8. Amendment to Approved Mitigation Proposal. Rocky Ridge agrees that it shall not have any right to, amend, modify, revise, or otherwise change the approved Mitigation Requirements. Rocky Ridge may negotiate with the Authorizing Agencies to amend, modify, revise or change the Formal Mitigation Proposal Approval, so long as any such acts (i) do not negatively impact any other conditions pertaining to City’s Project, (ii) do not result in any cost or expense to City, and (iii) do not extend any dates for City’s commencement and completion of the Croak Road Ditch/ Drainage Maintenance Project. If requested by Rocky Ridge, subject to the foregoing provisions of this Section 8, City shall reasonably cooperate with Rocky Ridge to amend, modify, revise, or change the approved City’s Mitigation to the extent that it does not impose a material financial obligation on the City. Without limiting the foregoing, the City agrees to execute and deliver to Rocky Ridge or any governmental agency such authorizations as may be required to allow Rocky Ridge to apply for or agree on City’s behalf to a modification, revision or change, so long as such modification, revision or change is consistent with this Section 9.

9. Mitigation Restrictions. This Agreement is a contract between Rocky Ridge and City for the purchase of Mitigation and provision of services to establish and preserve such Mitigation. 165
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City has, and by this Agreement shall acquire, no real property interest of any kind or nature in the Eagle Ridge Preserve - East Property. However, if the approved City Mitigation requires City to provide to any governmental agency a recorded Conservation Easement or deed restriction on the Rocky Ridge Property (“Mitigation Restriction”), Rocky Ridge shall provide such Mitigation Restriction on the appropriate portion of the Eagle Ridge Preserve - East Property. City understands that multiple mitigation rights transfers arising from the Eagle Ridge Preserve - East Property may be made by Rocky Ridge and that Rocky Ridge retains all such rights, except for Mitigation Restrictions that the Authorizing Agencies expressly require as part of City’s Mitigation. Excepting any Mitigation Restriction transferred to or for the benefit of City under the terms and conditions of this Agreement, Rocky Ridge shall retain all rights in or to the Eagle Ridge Preserve - East Property and may hold, own, operate, develop and dispose of the Eagle Ridge Preserve - East Property and mitigation rights appurtenant thereto as Rocky Ridge sees fit, without consent, participation, or approval from City. Recordation of any Mitigation Restriction shall not occur until Rocky Ridge has received all consideration it is to receive from City under the terms of this Agreement.

10. General Provisions

10.1. Notices. Any and all written communications required or permitted by this Agreement or by law to be served or given by any party hereto to the other party shall be in writing and deemed served and given when personally delivered. In lieu of personal service, notices may be delivered by U.S. mail, certified or registered, return receipt requested, in which event the notice shall be deemed received only when actually received, as evidenced by an executed receipt for delivery as reflected by postal service notation. Notice also may be sent by recognized nationwide delivery service (such as Federal Express, UPS, DHL or Airborne Express). Any notice sent by recognized nationwide delivery service shall be deemed delivered on the date delivery is effected. Further, notice may be delivered by electronic telecommunication of such written notice in which event notice shall be deemed given when such written telecommunication is received by the party to be notified. The party sending any notice given by telecommunication shall also send a copy not later than the following business day by U.S. Mail or recognized nationwide delivery service. 166
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Any notice to be delivered to Rocky Ridge shall be addressed to:

Jeff Olberding
Rocky Ridge, LLC
193 Blue Ravine Road, Suite 165
Folsom, California 95630

Any notice to be delivered to City shall be addressed to:

Either party may, by written notice to the other, change the address to which notices shall be sent thereafter.

10.2. Attorneys' Fees. If any action or proceeding is commenced between the parties concerning this Agreement, the Eagle Ridge Preserve - East Property, the preparation of the Land Package and Mitigation Services, or the rights and duties of either party in relation thereto, whether an action for damages, equitable or declaratory relief, the prevailing party in such action or proceeding, in addition to other relief awarded, shall be entitled to receive from the other party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in connection with the action or proceeding. Venue for any legal action under this Agreement shall be Alameda County.

10.3. Entire Agreement. This Agreement constitutes the entire agreement between Rocky Ridge and City with respect to the Eagle Ridge Preserve - East Eagle Ridge Preserve - East Property and Rocky Ridge’s performance of Land Package preparation and Mitigation Services. This Agreement supersedes all other agreements, letters, memoranda, or understandings whether oral or written, between the parties respecting the Subject Eagle Ridge Preserve - East Eagle Ridge Preserve - East Property and the Mitigation Services. This Agreement may not be modified by either party by oral representation made before or after the execution of this Agreement. All modifications, amendments or additions to this Agreement must be in writing signed by Rocky Ridge and City.

10.4. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective permitted assigns, heirs, successors, and legal representatives 167
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of each of the parties. Rocky Ridge may not assign this Agreement without the prior written consent of City.

10.5. Headings. The headings in this Agreement are for the purpose of reference only and shall not limit or define the interpretation of the content of this Agreement.

10.6. Counterparts. This Agreement may be executed in any number of counterparts or duplicate originals, including by means of facsimile or PDF, each of which is an original for all purposes.

10.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of California without regard to conflict of law rules.

10.8. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.

[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective dates set forth below.

City :

Dated: By:

Printed Name: Linda Smith
Title: City Manager

Rocky Ridge:

ROCKY RIDGE, LLC,
a California limited liability company
Dated: By:

PRINTED NAME: Jeff Olberding
Title: Member/Manager
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EXHIBITS

EXHIBIT A. Rocky Ridge Property Description

EXHIBIT B. Form of Escrow Agreement
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SCHEDULES

SCHEDULE 1. City shall provide the following:

1. City’s Initial Mitigation Proposal shall include the mitigation objective, Mitigation Site location, and Mitigation approach (rationale regarding applicability and successful implementation) proposed to be used as mitigation to meet Federal and State agencies requirements for the establishment of 1.002 acres of seasonal wetlands and listed species mitigation which requires the preservation of 3.003 acre of upland habitat suitable for the California Red-Legged Frog.

2. City shall obtain all Local, State and Federal Permits or authorizations necessary for City to conduct City’s Croak Road Sediment Removal Project.

SCHEDULE 2. Rocky Ridge shall provide the following Mitigation Services and Mitigation consisting of:

1. Land Package. Preparation of, and assistance with obtaining from the Authorizing Agencies approval of a Land Package for City’s proposed Eagle Ridge Preserve – East Property Mitigation Site as defined by City’s Mitigation Proposal. The Land Package shall include, if applicable, the following items:
a. Draft Conservation Easement
b. Phase I Environmental Site Assessment Report
c. Mineral Assessment Report
d. Preliminary Title Report
e. Grantor’s Policy of Title Insurance
f. County Assessor Parcel Map(s)
g. Vicinity or Site Location Map
h. Land Management Plan (the Mitigation and Management Plan) i. Biological Resources Report
j. Any other items reasonably requested by the Authorizing Agencies

2. Upland Land Preservation. Preservation of 3.003 acres of upland habitat within the Eagle Ridge Preserve - East Property suitable for the California Red-Legged frog, in consideration of applicable Performance Standards; and

3. Long-Term Management. Perform the long-term (“in-perpetuity”) Mitigation Site management of the Eagle Ridge Preserve - East Property and reporting responsibilities 171
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that are required by Authorizing Agencies in the Formal Mitigation Proposal Approval. 5132313.1
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AGREEMENT REGARDING ACQUISITION OF OFF-SITE MITIGATION

PROPERTY TO ACCOMMODATE DRAINAGE DITCH MAINTENANCE

OBLIGATIONS
THIS AGREEMENT (this “Agreement”) is entered into effective as of July 19, 2022 (“Effective Date”) by and between the City of Dublin, a municipal corporation and California general law city (“City”) and GH PacVest, a Delaware limited liability company (“Landowner”) of the Croak Road property in Eastern Dublin. City and Landowner are hereinafter collectively referred to as the “Parties” and individually as a “Party”.

RECITALS
A. Landowner owns certain real property located in the City of Dublin, County of Alameda, State of California located at the intersection of Croak Road and Interstate 580 occupied by a ditch and outfall maintained by the City. Landowner is required to construct or install certain storm drainage improvements within the City right-of-way to address drainage conditions within the City right-of-way that also affect Landowner’s Property (“Improvements”).

B. The construction or installation of the Improvements requires the acquisition of rights to purchase mitigation for the impacts of the Improvements on California Red Legged Frog (“CRLF”) and wetlands habitat, which mitigation will be established and preserved on certain mitigation land owned by Rocky Ridge, LLC known as the Eagle Ridge Preserve – East Property (referred to as the “Off-Site Mitigation”) located within the counties of Contra Costa and Alameda, in which land neither the Landowner nor the City presently has sufficient title or interest to establish the Off-Site Mitigation.

C. In reliance on this Agreement, the City has simultaneously herewith entered into that certain Contract for Transfer of Mitigation and Performance of Mitigation Services with Rocky Ridge, LLC (the “Mitigation Agreement”) to be effective as of the ______ day of _____2022 when the Escrow Agreement set forth in Section 3.2 of the Agreement is executed (the “Effective Date”) for the provision of mitigation services and Off-Site Mitigation as further defined in the Mitigation Agreement. The Mitigation Agreement is referred to and incorporated herein by this reference.

D. The purpose of this Agreement is to set forth the terms of Landowner’s payment of its proportionate share of all costs and expenses of Rocky Ridge, LLC providing Mitigation Services and the Off-Site Mitigation as further defined in the Mitigation Agreement.

Therefore, for the promises, covenants, agreements, and consideration set forth herein, the receipt of which is hereby acknowledged, the Parties agree as follows:

Attachment 3
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AGREEMENT

1. ACQUISITION OF OFF-SITE MITIGATION. The City agrees to fund the acquisition of the Off-Site Mitigation and the payment for Mitigation Services pursuant to the terms of the Mitigation Agreement in the amount of Nine Hundred and Eighty-Four Thousand Dollars and No One-Hundredths ($984,000.00).

2. CONSTRUCTION OF IMPROVEMENTS. Within 180 days after the City certifies in writing to the Landowner that the City owns or has the right of possession to the Off- Site Mitigation, Landowner or its successor in interest shall commence construction of the Improvements and thereafter diligently prosecute construction of the Improvements to their completion in accordance with the timing set forth in the Encroachment Permit and the Resource Agency Permits, all at Landowner or its successor’s sole cost.

3. PAYMENT OF OFF-SITE MITIGATION COSTS. The Landowner shall pay the costs and expenses of acquiring the Off-Site Mitigation (the “Off-Site Mitigation Costs”), which amount shall not exceed Nine Hundred and Eighty-Four Thousand Dollars and No One- Hundredths ($984,000.00). “Off-site Mitigation Costs” for the purposes of this Agreement include but are not limited to the following:

a. The deposit necessary to secure Rocky Ridge’s commitment to provide the Off-Site Mitigation.

b. The purchase price or compensation for the Off-Site Mitigation.

c. The endowment for the long term management of the conservation easement area based on the property analysis record (“PAR”).

d. The cost of Rocky Ridge providing Mitigation Services including the preparation of the Permit applications needed to obtain approval for the Resource Agency Permits in order for Rocky Ridge to establish the Off-Site Mitigation at the Eagle Ridge Preserve – East Property.

At the option of the City and upon reasonable, advance notice to the Landowner, the Landowner shall make payment of the above costs, amounts, damages, and sums directly to the person or entity to whom they are payable by the City, provided that the person or entity is willing to accept such payment from Landowner on City’s behalf. Documentation of each payment made by the Landowner pursuant to this paragraph shall be simultaneously delivered to the City.

4. LANDOWNER’S INFORMATION. No later than 90 days1 after the Effective Date, the Landowner shall provide the City with all information necessary to obtain Resource Agency Permits, including the following documents and information in writing:

1 Unless otherwise expressly indicated, all references herein to “days” shall mean calendar days. 174
3 BN 71457096v1
a. The proposal for the provision of Off-Site Mitigation for purposes of the Resource Agency Permits.

b. To the extent already prepared, acted upon and/or approved, evidence of compliance with CEQA.

c. Conservation easement for the Off-Site Mitigation.

d. The endowment agreement and PAR.

5. OTHER SERVICES. The City may perform such other services as the City, in its sole discretion, deems necessary for acquisition of the Off-Site Mitigation. These may include, without limitation, environmental review services and preparation of all permit applications for the processing of the State and Federal Resource Agency Permits as set forth in the Agreement.

6. DEPOSIT OF PRELIMINARY COSTS AND EXPENSES; PAYMENT.

a. At the same time Landowner submits to the City the information described in Section 4 (“Information Delivery Date”), above, the Landowner shall deposit with the City the sum of $984,000 in cash, certified check or cashier’s check, which sum shall cover the costs and expenses described in Sections 3 and 5 above (“Deposit”).

b. Any portion of the Deposit(s) made by the Landowner that is not used to cover costs or expenses incurred by the City shall be refunded to the Landowner, with any interest the City earned on said Deposits, within l0 days after either (i) the Mitigation Agreement is cancelled pursuant to section 4 or (ii) the date the Bill of Sale for the Off-Site Mitigation is transferred to the City.

c. Should the City determine, at any time, that funds exceeding the amount of the Deposit are necessary in order to acquire the Off-Site Mitigation, the City may require Landowner to submit additional funds to satisfy such need, with payment due as specified in Section 10.

7. RECORDS. The City shall maintain accurate records of all services performed by the City and all costs or expenses incurred by the City.

8. HOLD HARMLESS. The Landowner agrees to defend, indemnify, save and hold harmless the City, its Council, commissions, boards, officers, employees, volunteers, and agents from and against any and all costs, expenses or liability incurred by the City or the Landowner in connection with the Landowner’s acts, errors, or omissions committed in the performance of or pursuant to this Agreement, or otherwise related directly or indirectly to the acquisition of the Off-Site Mitigation. The Landowner shall indemnify the City for any and all costs, expenses and attorney’s fees incurred by City in enforcing this Section 14.

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9. SEVERABILITY. Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the remaining provisions of this Agreement.

10. PAYMENT OBLIGATION. The Landowner shall make all payments required to be made hereunder within the time specified hereunder, as specified by law or within 30 days of the Landowner’s receipt of a demand therefor, whichever is earlier. All payments if not timely made by the Landowner shall accrue interest at the rate specified by the law, or ten percent (10%) per annum, whichever is greater, until the payment in question is fully paid.

11. NOTICES. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
personal delivery, in which case notice is effective upon delivery; certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or email , in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first class or certified mail or by overnight delivery. Any notice given by email shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a non-business day.

City:

City of Dublin
City Manager
100 Civic Plaza
Dublin, CA 94568
Email: [email protected]
Phone: (925) 372 -3505

City of Dublin
John Bakker
City Attorney
1999 Harrison Street, 9th Floor
Oakland, CA 94612
Email:

Phone:

Landowner:

GH PacVest,
_________, President

Phone:

Email:

Alicia Guerra, Esq.

Buchalter, a Professional Corporation
425 Second Street, 29th Floor
San Francisco, CA 94105
Phone: (415) 227-3508
Email: [email protected]

Either party may change its address by written notice to the other in the manner set forth above.

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12. LIABILITY IS JOINT AND SEVERAL. The City and Landowners’ liability for City’s performance hereunder shall be joint and several.

13. INCORPORATE RECITALS. The Recitals are incorporated by this reference.

14. BINDING ON SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties’ successors, heirs, and assigns, and by the approval hereof, it is the intention of the parties to give notice to and bind their successors, heirs and assigns hereto. The parties intend that this Agreement and its terms and conditions shall run with the land and shall be deemed a covenant running with the land and an equitable servitude. This Section 14 shall survive termination of this Agreement for any reason.

IN WITNESS WHEREOF the Parties hereto execute this Agreement on the dates written below.

City of Dublin

By: Dated:
, City Manager

Approved as to form:

By:
, City Attorney

GH PacVest

By: Dated:

Approved as to form:

By:

Alicia Guerra, Attorney for
GH PacVest

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EXHIBIT “A’’

Description of Off-Site Mitigation

5132328.1
178

WETLAND MITIGATION & MONITORING PLAN

FOR THE

CROAK ROAD DITCH / DRAINAGE

MAINTENANCE PROJECT
City of Dublin,
Alameda County, California

Applicant/Permittee:

CITY OF DUBLIN
100 Civic Plaza
Dublin, California 94568

Prepared by:

OLBERDING ENVIRONMENTAL, INC.

Wetland Regulatory Consultants
193 Blue Ravine Road, Suite 165
Folsom, California 95630
Attn: Jeff Olberding
(916) 985-1188
[email protected]

MARCH 2022
179
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 i

TABLE OF CONTENTS

1.0 SUMMARY ........................................................................................................................... 1

1.1 Summary ....................................................................................................................... 1

1.2 Responsible Parties ....................................................................................................... 2

1.2.1 Permittee ........................................................................................................... 2

1.2.2 Land Manager ................................................................................................... 2

1.2.3 Project Biologist................................................................................................ 3

1.3 Project Description........................................................................................................ 3

2.0 Objectives .............................................................................................................................. 4

2.1 Habitat Establishment (Creation) .................................................................................. 4

2.1.1 Seasonal Wetland Establishment ...................................................................... 4

3.0 BASELINE INFORMATION ............................................................................................... 6

3.1 Location ........................................................................................................................ 6

3.2 Landscape Position ....................................................................................................... 6

3.3 Topography and Elevations .......................................................................................... 6

3.4 Watershed Description .................................................................................................. 7

3.5 Climate and Precipitation .............................................................................................. 7

3.6 Soils............................................................................................................................... 7

3.7 Historic, Existing, and Surrounding Land Uses............................................................ 8

3.8 Cultural ......................................................................................................................... 8

3.9 Vegetation ..................................................................................................................... 8

3.9.1 Project Area Habitat Types ............................................................................... 8

3.9.2 Mitigation Property Habitat Types ................................................................... 9

3.10 Wetlands/Waters of the U.S. ....................................................................................... 10

3.11 Special-Status Species ................................................................................................ 10

4.0 IMPLEMENTATION PLAN .............................................................................................. 14

4.1 Implementation Approach and Sequence ................................................................... 14

4.2 Site Preparation ........................................................................................................... 15

4.3 Grading ....................................................................................................................... 15

4.4 Revegetation of Disturbed Areas ................................................................................ 15

4.5 Implementation Schedule ............................................................................................ 17

4.6 Documentation of As-Built Conditions ...................................................................... 17

5.0 MAINTENANCE PLAN ..................................................................................................... 17

5.1 Pest Plant and Wildlife Species .................................................................................. 17

5.2 Fencing ........................................................................................................................ 18

6.0 PERFORMANCE STANDARDS ....................................................................................... 19

7.0 MONITORING AND REPORTING ................................................................................... 19

7.1 Seasonal Wetland Monitoring..................................................................................... 22

7.2 Non-Native Invasive Vegetation Monitoring ............................................................. 22

7.3 Photo Documentation.................................................................................................. 23

7.4 Annual Report ............................................................................................................. 23

8.0 ADAPTIVE MANAGEMENT/REMEDIAL MEASURES................................................ 25

9.0 REFERENCES AND LITERATURE CONSULTED ........................................................ 27

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Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 ii

LIST OF ATTACHMENTS

ATTACHMENT 1 ~ FIGURES
Figure 1 Regional Map
Figure 2 Project Vicinity
Figure 3 USGS Topographic Map
Figure 4 Project Area Aerial Photo
Figure 5 Mitigation Property Aerial Photo
Figure 6 Project Area Jurisdictional Delineation Figure 7 Eagle Ridge Preserve - East Jurisdiction Delineation Figure 8 Project Impacts
Figure 9 Off Site Mitigation Plan

ATTACHMENT 2 ~ REPRESENTATIVE PHOTOGRAPHS

ATTACHMENT 3 ~ HYDROLOGY REPORT

This report should be cited as: Olberding Environmental, Inc. March 2022. Wetland Mitigation and Monitoring Plan for the Croak Road Ditch/Drainage Maintenance Project, Alameda County, California. Prepared for the City of Dublin, Dublin, California.
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Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ 1 Olberding Environmental March 2022

1.0 SUMMARY

1.1 Summary
Olberding Environmental, Inc. (Olberding Environmental) has prepared this Wetland Mitigation Monitoring Plan (MMP) on behalf of the City of Dublin (Permittee) to provide compensatory mitigation for impact s to wetland habi tat resulting from the Croak Road Ditch/Dr ainage Maintenance Project (Project).

The Project is located within the City of Dublin, along the east shoulder of Croak Road, north of Interstate 580 (I -580). The Project Area encompasses approximately 1.69 a cres (Attachment 1, Figure 1-4). The northe rn boundary of the Project Area is located at the intersection of Dublin Boulevard and Croak Road, and the Project Area runs south for appr oximately 1,200 feet along Croak Road before terminating.

The proposed Project involves the excavation of accumulated sediment (233 cu bic yards) from an existing engineered roadside ditch, reestablishing the historic capacity and function within the City of Dublin drainage facility. The ditch, located along the eastern embankment of Croak Road, historically conveyed stormwater runoff from the surrounding hillsides now containing the Jordan Ranch and Positano Development Projects. Accumulated sediment has completely filled a majority of the ditch extending from the intersection of Croak Road and Dublin Boulevard south, to the culverted crossing of Croak Road where it parallels the I -580 Freeway. Due to the buildup of sediment in the ditch, flows are now redirected across the adjacent property (Chen Property).

Proposed maintenance (removal of sediment and reestablishment of the original engineered configuration of the ditch) and replacement of the buried culvert under Croak Road, would restore the deteriorated facility to its historic function.

The Project will result in the permanent fill of jur isdictional wetland/waters that total 0.501 acre (97.7 cubic yards) (Attachment 1, Fig ure 8). The 0.501 acre of perm anently impacted wetlands will be mitigate d at a 2:1 ratio ( 1.002 acre) and const ructed within the nearby Eagle Ridge Preserve – East Property.

This MMP includes summary information about the Mitigation Property ; objectives for the compensatory replacement, implementation specificat ions, inc luding underlying rationale for expecting success; maintenance and monitoring provisions, and contingency measures.

The wetland mitigation a nd monitoring plan presented herein is subje ct to approval by the regulatory agencies, which includes the U.S. Army Corps of Engineers (USACE), the California Department of Fish and Wildlife (CDFW) , and the Cal ifornia Regional Water Quality Control Board (RWQCB).
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Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 2 1.2 Responsible Parties

1.2.1 Permittee
The Permittee is:

City of Dublin
100 Civic Plaza
Dublin, California 94568
Contac t: Ms. Laurie Sucgang
(925) 833-6630
The Permittee responsibilities include the following:
• Ensuring t he implementation of all construction and management activi ties associated with the achievement of performance standards and as described in the MMP. • Ensuring that all activities a ssociated with establi shing the Mitigation Property are funded and implemented, including recordation of a Conservation Easement, start -up activities (signage, infrastructure development , a s applicable), construction of t he wetlands, etc.
• Providing long-term funding to ensure management as described in the MMP.

Any subsequent grading, or alteration of the topography and/or hydrology of the Mitigation Property by the Permittee or i ts representatives must be approved by the USACE, CDFW, and RWQCB; and the necessary environmental permits, su ch as a Secti on 404 permit, must be obtained, if required.

1.2.2 Land Manager
The Land Manager will oversee mitigation habitat c onstruction, pla nt installation, and maintenance during the 5 -year habitat est ablishment period. The Land Manager is responsible for the following:
• Coordinating mitigation site implementation,
• Assist the contractor with grading and plant installation. • Coordinate maintenance activities with the landscape maintenance contractor. • Conducting mana gement activities t o preserve and enhance habitat and conservati on values in accordance with this MMP.
• Implementing management activities as described in this MMP, including but not limited to:
o Maintaining and replacing signs and other infrastructure, as needed. o Collecting and removing trash.
183
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 3 o Preparing and submitting annual reports.

1.2.3 Project Biologist
The Permittee shall implement this MMP for biologi cal i mpacts and m onitor the mitigation program in accordance with this MMP.

The Project Biologist will monitor habitat on the impact sites. The Land Manager and Project Biologist can be the same entity. The Project Biologist will be a pr ofessional botanist, biologist, or restoration ecologist fa miliar with California flora and fauna, and will h ave a working knowledge regarding protected ha bitats and specie s as defined by the resource agencies . The Designated Biologist must a lso be familia r w ith vegetation m anagement practices for maintaining the created habitats.

The Project Biologist will have demonstrated experience in monitoring sensiti ve resource issues on construction and/or mitigation projects. Specifically, the monitor will have at least four years of unive rsity training in wildlife biolo gy or a related scienc e and/or has de monstrated fie ld experience in the identification and life h istory of the lis ted species and natural history of sensitive resources in the vicinity of the Project.

1.3 Project Description
The proposed Project involves the excavation of accumulated sediment (233 cu bic yards) from an existing engineered roadside ditch, reestablishing the historic capacity and function within the City of Dublin drainage facility. The di tch, located along the eastern embankment of Croak Road, historically conveyed stormwater runoff from the surrounding hillsides now containing the Jordan Ranch and Positano Development Projects. Accumulated sediment has completely filled a majority of the ditch extending from the intersection of Croak Road and Dublin Boulevard south, to the culverted crossing of Croak Road where it parallels the I-580 Freeway. Due to the buildup of sediment in the ditch, flows are now redirected across the adjac ent property (Chen Property) and a portion or Croak R oad. Proposed maintenance (removal of sediment and reestablishment of the original engineered configuration of the ditch) would rest ore the deteriorated facility to its historic function. Attachment 1, Figures 7 and 8, depict the Project’s impacts and mitigation.

The Project will result in the permanent fi ll o f Waters of th e State that total 0. 501 acre (97.7 cubic yards) of wetlands/waters resulting from Project development.

As shown in Table 1 below, there would be i mpacts to two juris dictional features, one lar ge freshwater emergent wetland, and one small seasonal wetland swale, totaling 0.501 acre. These permanently impacted wetland/waters would be mitigated at a 2:1 ratio (1.002 acres)

184
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 4 Table 1: Water Bodies Impacted
Wetland/Waters
(Type)
Existing
(acres)
Impacted
(acres)
Freshwater Emergent Wetland 0.54 0.49
Seasonal Wetland Swale 0.002 0.002
Culvert Replacement 0.009 0.009
Total Wetlands/Waters 0.551 0.501 Total

The mitigation requirement is to create 1.002 acres of seasonal wetland habitat. The Permittee is proposing to establish ( create) 1.002 acre of jurisdictional wetlands within nearby Eagle Ridge Preserve – East Property (Mitigation Property) (Attachment 1, Figure 9). Proposed m itigation will be provided through construction (establishment/creation) of seasonal wetland habitat.

2.0 OBJECTIVES
The primary objective of the Mitigation Property is to provide compensatory mitigation for un - avoidable impac ts through the establishment of seasonal wetlands. A summary of mitigation activities is included below in Table 2.

2.1 Habitat Establishment (Creation)
Establishment (creation) means the manipulation of the physical, chemical, or biologic al characteristics prese nt to develop a natural resource that did not previously exist at an upland site. Establishment results in a gain in natural resource area and functions.

The mitigation requirement is to create 1.002 acre of seasonal wetland habitat. The Permittee is proposing to establish (create) 1.002 acre of jurisdictional seasonal wetlands within the nearby Eagle Ridge Preserve – East Property.

2.1.1 Seasonal Wetland Establishment
Seasonal wetlands will be established (c reated) by excavating and grading depressions in formerly upland areas. Excavation and grading will expose the clay soils t o rainfall and storm water flows that will typically pond and/or saturate the root zone on a seasonal basis during the late winter through early spring months. Construction of the wet land features in these areas will include compaction of the clay layer to reduce infiltration. The goal is to provide the characteristic interception of precipitation and overland flow into s easonal wetland s t hat w ill help to ensure habitat diversity and ecosystem health.
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Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan 5 Table 2: Mitigation Activity Summary
Pre-Construction
Site Conditions Post-Construction Site Conditions
Habitat Types1 Habitat
Types1 Vegetation2 Hydrology Mitigation
Method Acres Cowardin
3 HGM4
Wetland/Waters of the U.S.

Annual Grassland Seasonal
Wetland
A mix of hydric grasses, gramanoids, and
forbs.

Seasonally
flooded Establishment 1.002 PEM1 Depressional
TOTAL 1.002

1. Habitat Types: Habitat types are general common qualitative descriptions such as riparian, marsh, tidal wetlands, open water, seasonal wetlands, vernal pool, or annual grassland.

2. Vegetation Classification: Vegetation community types are based on the most recent widely accepted classification s ystem, the communities used are from A Manual of California Vegetation (Sawyer et al. 2009)

3. Cowardin: Use the Classification of Wetlands and Deepwater Habitats of the United States to identify the System, Subsystem, and Class.

4. HGM: Use the Hydrogeomorphic (HGM) Classification of Wetlands to identify the appropriate class. There are seven HGM classes: Riverine, Slope, Mineral Soil Flats, Organic Soil Flats, Depressional, Estuarine Fringe, and Lacustrine Fringe. 186
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan _____________________________________________________________________________________________ Olberding Environmental March 2022 6 3.0 BASELINE INFORMATION

3.1 Location
The Project is located in Dublin, Alameda County, Calif ornia, while the Mitigation Property is located between Dublin, and Livermore, in Alameda County, California. The Project area is bordered by I-580 to the south, the newly developed Jordan Ranch parcel to the north, the Chen Property to the east, and Fallon Road to t he west. The Mitigation Property is located between Manning Road and Collier Canyon Road, approximatel y 3.5 miles north of I-580 (Attachment 1, Figures 1-5). Representative p hotographs of the Project site and Mitigation Property can be found in Attachment 2.

The Project Area is located within Section 2, Township 03 South, Range 01 East, and the Mitigation Property is located within Section 18, Township 02 South, Range 02 East Mount Diablo Base and Meridian as shown on the United States Geologica l Survey (USGS) Livermore and Tassajara 7.5-minute quadrangles (Attachment 1, Figure 3).

Access to the Project Area is provided from Interstate 580. From 580, take the El Charro/Fallon Road exit and make a left onto Fallon Road. Travel north for 0.5 mi les then make a right onto Croak Road, the Project Area will be found on the right.

Access to the Mitigation Property is provided by taking Interstate -580 East from Interstate -680.

Take exit 52B for North Livermore Avenue toward L ivermore. Turn left (north) at N orth Livermore Avenue and follow it for 3.6 miles. Turn left (west) at Manning Road and follow it for 1.2 miles before turning left (south) onto the Eagle Ridge Preserve – East Property.

3.2 Landscape Position
The Project A rea is located within the L ivermore Valley, near the base of a s eries of hills. Th e topography within the Project Area is generally flat, as it is within an alluvial plain. Soils were formed f rom allu vium derived from sandstone and shale, and residuum weathere d from calcareous shale. The Project Area is located along the I-580 corridor between the city centers of Dublin and Livermore.

The Mitigation Property is located within the hills north of the Livermore Valley. The western portion of the Mitigation Property is flat, with a shallow wetland swale feature flowing north to south. The remainder of the Mitigation Property gradually slopes up to the east.

3.3 Topography and Elevations
The topography of the Project Area i s generally flat. There is a gradual gradient sloping south along Croak Road, and the road surface is slightly elevated from th e adjacent roadside ditch. 187
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 7 Elevation ranges from approximately 365 feet above sea level in the north and appr oximately 355 feet above sea level in the south of the Project Area.

The western portion of the Mitigation Property is flat, with an elevation of approximately 730 feet above sea level. A shallow wetland feature bisects the Mitigation Property, flowing north to south. The Mitigation Property gradually slopes up to the east to approximately 755 fe et above sea level.

3.4 Watershed Description
The Project Area is located within the San F rancisco Bay 8 -digit hydrologic unit code (HUC 18050004) and the Lower Arroyo Mocho 12-digit HUC (180500040302) which is approximately 32,593 acres in size. Thi s HUC drains the southern part of Liverm ore, the area north of Pleasanton, the a rea east of Dublin, and i ncludes the area north of Tassajara. The wetland features located within the Project Area are not directly connected to Arr oyo Mocho, as they enter the local storm drain system. A detailed hydrology report can be found in Attachment 3.

The Mitigation Property is located within the San Francisco Bay 8 -digit h ydrologic unit code (HUC 18050004). This HUC includes all of the South San Francisco Bay, eastward to include most of Alameda County. More locally, the Property is within the Lower Arroyo Las Positas 12- digit hydrologic unit code (HUC 18050040203). This HUC includes most of the Livermore area, north and south of I-580.

3.5 Climate and Precipitation
The Livermore Valley of California is characterized by a Mediterranean climate of hot, dry summers and a mild, wet winter. In a typical year, two thirds of the precipitation falls during the “rainy season” of November through February. The valley runs in an east to west direction with hills and low mountains surrounding it. The valley is located approximately 12 miles inland from the San Francisco Bay and approximately 25 miles south of the Suisun Bay.

The annual average rainfall f or the L ivermore area is 14.92 inches (NOAA 2021). Mean maximum temperatures range from a low of 57 degrees Fahrenheit in December and January and a high of 87 degrees Fahrenheit in July and August (NOAA 2021).

3.6 Soils
The USDA Natura l Resources Conservation Servi ce ( formerly the Soil Conservation Service) mapped soil types within the County (NRCS 2022). The Project Area contains one soil type:
• RdA: Rincon clay loam, 0 to 3 percent slopes

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Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 8 Two soil types are found within the Mitigation Property:
• LaD: Linne clay loam, 15 to 30 percent slopes, MLRA 15 • Pb & Pd: Pescadero clay loam, 0 to 6 percent slopes, MLRA 14 The Rincon clay loam is not classified as a Hydric Soil, but both the Linne clay loam and the Pescadero clay loam soils are classified as Hydric Soils (NRCS 2022). Hydric soils are defined by the Nat ional Technical Committe e for Hydric Soils as soils that formed under conditions of saturation, flooding, or p onding long enough during t he growing season to develop anoxic conditions in the upper part.

3.7 Historic, Existing, and Surrounding Land Uses
The Project Area has existed in a si milar state for several decades, consisting of a pa ved road with a n adjacen t roadside ditch. In the early 2000’ s several residential and commercial developments in the area started development, with the most recent develop ment finishing construction in 2018. The Mitigation Property has also existed in a similar state for several decades, consisting of open grazing and grassland habitat.

3.8 Cultural
A cultural study was conducted by Peak & Associates, Inc. in 2021 and the report concluded that there are no known histo rical sites within the Project Area. If archeolo gical dis coveries are encountered during the course of construction, various mitigation measures will be implemented, and an archeological mitigation plan will be prepared.

3.9 Vegetation
A wetland delineation of the Project Area was conducted in 2018 and found that the Project site supports four habitat types that consist of developed, freshwater emergent wetland, ruderal, and seasonal wetland swale. A wetland delineation of the Mitigation Property was conducted in 2021 and found that the Mitigation Property supports two habitat types that consist of annual grassland and a seasonal wetland swale. Generalized plant community classifications were used to classify the habitat types found on the Property. The final cla ssification and char acterization of the habitat types of the Project Area and Mitigation Property were based on field observations.

3.9.1 Project Area Habitat Types
Developed
The developed habitat on the Project consists of the paved road -base of Croak Road. There is little to no vegetation growing in these areas. Some ruderal species are located along the edge of the road, or growing from cracks in the pavement, an d include Italian ryegrass (Festuca perennis) and rip gut brome (Bromus diandrus).
189
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 9 Freshwater Emergent Wetlan d
There is a large freshwater emergent wetland that runs north to south, parallel and adjacent to Croak Roa d. Domi nant vegetation within this featu re i ncludes narrow lea f cat tail ( Typha latifolia), curly dock ( Rumex crispus), Italian rye grass (Festuca perennis), baltic rush ( Juncus balticus), flatsed ge ( Cyperuss eragrostis), Mediterranean barley ( Hordeum marnium ), and rabbit’s foot grass ( Polypogon mons peliensis). This emergent wetland c ontinues onto the adjacent Chen Property.

Ruderal/Annual Gr assland
There is a small area of ruderal habitat south of Croak Road, but still within the city right-of- way. This area is s urrounding a culvert and consists of hi ghly disturbed and ruderal vegetation including wild oat ( Avena fatua) , perennial pepperweed ( Lepidium latifoliu m), b lack mustard (Brassica nigra), yellow star thistle ( Centaurea solstitialis), and rip gut brome. A large portion of the Chen Property ad jacent to the Pr oject site is currently u ndeveloped grazing la nd.

Vegetation in this area includes wild oat, soft chess (Bromus hordeaceous), rip gut brome, Italian rye grass, yellow star thistle, and Mediterranean linseed (Bellardis trixago).

Seasonal Wetland S wale
There is a small seasonal wetland swale located at the very south end of the Project Area. This feature is the outlet fo r the culvert that flows under Croak Road. This feature was domi nated by vegetation such as Baltic rush, Mediterr anean barley, cu rly dock, and wild radish ( Raphanus raphanistrum).

3.9.2 Mitigation Property Habitat Types
Annual Grassland
Most of the Mitigation Property consists of annual grassl and habitat that is regularly grazed by cattle. This annual grassland habitat is dominated by non-native annual grasses and forbs such as wild oat, ripgut brome ( Bromus diandrus ), wa ll barley ( Hordeum murinum ), Italian ryegrass , black mustard , milk thistle ( Silybum marianum ), heron bill filaree ( Erodium cicutarium ), and California burclover (Medicago polymorpha).

Seasonal Wetland S wale
There is a long, linear seasonal wetland feature that bisects the Mitigation Property. This feature begins at the fence line on the north boundary of the Eagle Ridge Preserve – East Property. There is a small, 6-inch culvert that runs under Manning Road that feeds the feature. The swale then flows southwest off the Property through one of two culverts and into the West Branch of Cayetano Creek. While the north end of this feature is unvegetated due to cattle grazing and wallowing, t he rest of this feature is vegetated largel y with Mediterranean ba rley and some annual grassland species. This feature is very shallow with berms of onl y 2 – 4 inches but ha s a distinct change in vegetation along its boundary.
190
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 10 3.10 Wetlands/Waters of the U.S.

Hydrological characteristics, flow, and connectivity of the Project Area were determined in 2018 during a wetland delineation following USACE standard protocol on the Property and surrounding areas under the same owner ship. The delineation has not been verified but it identified the pre sence of approximately 0.542 acre of wetlands within the study area as shown on Attachment 1, Figure 6.

Hydrological characteristics, flow, and connectivity of the Mitigation Property were determined in 2021 durin g a wetland delineation following USACE standard protocol on the Property and surrounding areas under the same ownership. The delineation was verified on May 17, 2021 and includes the se asonal wetland swale that bisects the Mitigation Property (Attachment 1, Figure 7).

3.11 Special-Status Species
A Biological Resource Assessment was completed by Olberding Environmental in 2016 for the Project Area and in 2022 for the Mitigation Property and found that the Property has t he potential to support numerous special s tatus plants and animals . Th e p resence of seasonal wetlands on the Property supports a wide variety of wildlife. S pecial-status species with the potential to occur are listed below.
• Prostrate Vernal Pool Navarretia ( Navarretia prostrata) CNPS 1B. This spec ies is found in vernal pools and similar habitats. There is a recorded CNDDB occurrence of this species within the Project Area. The freshwater emergent wetland habitat found east of Croak Road provides suitable habitat for this species in the Project Area. This species is not anticipated to occur within the Mitigation Property. • San Joaquin Spearscale ( Atriplex joaquiniana). CNPS List 1B. This species is found among chenopod scrub, meadows, s eeps, playas, and valley and foothill grasslands with alkaline soils. The freshwater emergent wetland habitat found east of Croa k Road provides suitable habitat fo r this species within the Project Area . A CNDDB occurrence of this species occurs immediately west of the Mitigation Property, and may occur within the Mitigation Property.
• Congdon’s Tarplant (Centromadia parryi ssp. congdonii). CNPS List 1B. This species typically oc curs in valley and foothill grasslands in moist alkaline soils . There is a recorded CNDDB occurrence of this species wi thin the Pr oject Area. The freshwater emergent wetland habitat found e ast of Cr oak Roa d provi des suitable habitat for this species within the Project Area . An extant CNDDB occurrence of this species overlaps with part of th e Eagle Ridge Preserve – East Property, therefore it is considered present within the Mitigation Property.
191
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 11 • California Red -Legged Frog ( CRLF) (Rana draytonii ). Federally T hreatened, California Species of Special Concern. This species is found in lowlands , foothill woodland and gras slands, near marshes, la kes, ponds, or other water sources. These amphibians require dense shrubby or emergent vegetation closely associated with deep still or slow moving water. Generally, these frogs favor intermittent streams with water at least two and a half feet deep and where the shoreline has relatively intact emergent or shoreline vegetation. CRLF is known from streams with relatively low gradients and those waters where introduced fish and bullfrogs are absent. There is a recorded CNDDB occurrence of this species wi thin the P roject Area. The freshwater emergent wetland habitat found east of Croak Road provi des suitable habitat for this spe cies within the Project Area. There is a CNDDB occurrence of this species immediately adjacent to the Mitigation Property. Due to the close proximity of recent and nearby occurrences, there is a h igh potential for CRLF to use the Mitigation Property in a dispersal and upland capacity.
• California Tiger Salamander ( Ambystoma calif orniense). Federally Threatened, State Threat ened. This species prefer s vernal pools and other temporary ponds as breeding pools. However, they may also use permanent manmade ponds as breedi ng habitat. A minimum of ten wee ks is required to complete larval development through metamorphosis, at which time the larvae will normally w eigh about ten grams. The freshwater emergent wetland habitat found east of Croak Road provi des suitable habitat for this species within the Project Area. The Mitigation Property does not contain suitable CTS breeding ponds; however, the grassland habi tat within the site contained structural features such as small mammal burrows that could provide suitable upland habitat w ithin a close proximity to known CTS breeding ponds. For these reasons, there is a high potential for CTS to occur within the Mitigation Property. • Burrowing Owl ( Athene cunicularia ). California Sp ecies of Special Concern.

Burrowing owls are ground dwelling members of the owl family and are small brown to tan colored birds with bold spots and barring. Burrowing owls generally require open annual grassland habitats in which to nest, but can be found on abandoned lots, roads, airports, and other urban areas. Burrowing owls generally use abandoned California ground squirrel holes for their nesting burrow, but are also known to use pipes or other debris for nesting purposes. Burrowing owls prefer annual grassland habitats with low vegetative cover. A CNDDB occurrence of this species is located east of the Mitigation Property.

Wintering owls have been observed just west of the site at Eagle Ridge Preserve for many years, most recently in November 2018. The Mitigation Propert y contains similar soil composition and grassland habitat as the adjacent Eagle Ridge Preserve to the west of the site. Additionally, the grasslands within the Mitigation Property provide suitable foraging habitat within the site, and the ample acti ve ground squirrel burrow complexes 192
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 12 onsite create suitable breed ing habitat for burrowing owl. For these reasons, burrowing owl may occur in the Mitigation Property in a breeding and foraging capacity. • Red-shouldered Hawk ( Buteo lineatus ). State Protected. This medium-sized raptor’s habitat varies from bottomland hardwoods and riparian areas to upland deciduous or mixed deciduous-conifer forest, and almost always includes some form of water, such as a swamp, marsh, river, or pond. A red-shouldered hawk has been previously observed on the adjacent property to the Project Area. T he f reshwater emergent wetland ha bitat provides potential foraging habitat for the species in the Project Area. This species has also been observed foraging in the Mitigation Property , and is present in a foraging capacity.
• Red-Tailed Hawk ( Buteo jamaicensis ). State Protected. This large raptor forages among grassland habitat, and nest s within large trees. This spec ies has been obser ved foraging within the Chen Property, adjacent to the Project Area. The freshwater emergent wetland and ruderal habitat provide potential foraging habita t for this species in the Project Area. This speci es has been frequently observed foraging in the Mitigation Property and has been recently observed nesting in the Eucalyptus trees immed iately south of the Mitigation Property. Therefore, this species is present within the Mitigation Property.
• Prairie Falcon (Falco mexicanus). California Species of Special Concern. This raptor is known to inhabit dry open terrain either in level or hilly habitats. Prairie falcons nest on cliffs, but will forage far afield. Similar in appearance to the female of the smaller merlin ( Falco columbarius), it s hows a darker facial stripe than the merlin. The wings and tail ar e pale brown and the unders ide is cream -colored and heavily spotted. Prey species are birds and small mammals. This species has a high potential to forage across the Mitigation Property, but there is no potential for nesting. • American Kestrel (Falco sparverius). State Protected. This small raptor forages among open areas with short ground vegetation and sparse trees including meadows, grasslands, deserts, parks, farm fields, cities, and suburbs. Kestrels utilize cavities in trees for nesting and hunt small rodents and birds. This species was observed foraging within the Chen Property, adjacent to the Project Area. The freshwater emergent wetland and ruderal habitat provide potential foraging habitat for this species in the Project Area. This species has been frequently observed foraging in the Mitigation Property , and is present in a foraging capacity.
• White-tailed Kite ( Elanus leucurus), CDFW Fully Protected. This small hawk is found a mong various grassland habitats, including undisturbed, open grasslands, 193
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 13 meadows, farmlands, and emergent wet lands. Nests are typi cally placed near the top of dense tree stands such as oak or willow and are located near foraging areas. The freshwater emergent wetland provides potential foraging habita t for this species on the Project Area. White-tailed kites have been frequ ently obse rved foraging in and around the Mitigation Property during survey events. There are several large willow trees within the riparian habitat near to the Mitigation Property that could be suitable nest sites for white-tailed kite. For these reaso ns, whi te-tailed kite has a high potential to occur in a foraging capacity.
• Loggerhead Shrike (Lanius ludovicianus ). Federal Species of Specia l Con cern, California Species of Special Concern. This small to medium sized bird prefers open habitats with scattered shrubs, trees, posts, fences, utility lines, or other perches. It occurs only rarely in heavily urbanized areas, but is often found in open cr opland. These birds use shrubs, dense trees, and thickets of vegetation for nesting sites. The freshwater emergent wetland and ruderal habitat provide potential foraging habitat for this species in the Project Area. This species has been observed foraging in the Mitigation Property, and is present in a foraging capacity.
• Tricolored Blackbird ( Agelaius tricolor ). Federal Species of Special Concern, California Species of Special Concern. This small to medium s ized bird is highly colonial and nests in marshy habitats, often in large stands of blackberry and cattail. The freshwater emergent wetland habitat provides pot ential nesting habitat for this species in the Project Area. F oraging opportunities exist across the Mitigation Property for this species. This species may occur in a foraging capacity in the Mitigation Property. • Golden Eagle ( Aquila chrysaetos ). California Fully Pr otected. The golden eagle is typically found in open grasslands, pastures, and oak woodland, often near lakes and rivers. Their plumage is dark brown overall, with some white at the base of the tail, and golden-to-blonde feathers on the nape of the neck. The bill and t alons are black and the cere (soft membrane that covers the nostrils) and feet are yel low. T here are three CNDDB occurrences of this s pecies located near the Mitigation Property. Additionally, golden eagles have been observed foraging within the a djacent Eagle Ridge Preserve during several survey events. For these reasons, g olden eagle is present in the Mitigation Property in a foraging capacity only.
• American Badger (Taxidea taxus). California Species of Special Concern. This large member of the weasel family has a flat body with short legs ideally suited to digging burrows. Found in open plains, prairies, forests and grasslands, this species feeds on ground squirrels, mice, and gophers. Badgers mate between July and August, but do not give bi rth until March. There is a CNDDB occurrence of this species located 194
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 14 approximately 3 miles west of the Mitigation Property, 1.7 miles south of the junction of Tassajara Road and Highland Road. Signs of a badger were observed at this location in 1992. The annua l grassland within the Mitigation Property is suitable habitat for American badger. Additionally, signs of badgers and their remains have been observed within the Mitigation Property and badgers have been observed in the adjacent Eagle Ridge Preserve. For these reasons, American badger may occur in the Mitigation Property.
• San Joaquin Kit Fox ( Vulpes macrotis ). Federally Threatened , California. The San Joaquin kit fox (SJKF) has a slim body with large, conspicuous ears, and a long, bushy, black tipped tail. It is the smallest canid species in North America. The SJKF l ives in annual grassland habitats where friable soils are presen t in which they may excavate den sites. The general habitat requirement for the kit fox is annual grasslands or grassy open habitat sta ges with scattered shrubby vegetation. Food requirements for the SJKF are rodents, insects, and even garbage in urbanized a reas. Grassland habitats with a large rodent prey base and loose textured soils are thought to provide the best habitat for the SJKF. There are two historic CNDDB occurrences in the vicinity of the Mitigation Property. The grassland habitat is considered to be somewhat suitable for SJKF, especially considering the abundance of ground squirrel burrow complexes. However, due to the lack of re cent sightings within the Livermore Valley area, SJKF will mo st likely occur in the Mitigation Property in a dispersal capacity only.

4.0 IMPLEMENTATION PLAN
This secti on presents the Implementation Plan for the mitigation hab itat. H abitat c reation (establishment) will include the construction of a low gradient wetland depressional feature that will develop into seasonal wetland habitat.

Prior to implementation of the wetland construction activities, a qualified biologist will conduct surveys to assess the possible presence of species that may b e i mpacted by construction activities. Work onsite may occur during avian nesting periods; if active nests are observed during wildlife surveys, a suitable buffer will be established to ensur e that active nests are not negatively impacted during implementation of the construction activities.

4.1 Implementation Approach and Sequence
This section summarizes wetlands creation activities and sequencing and ide ntifies the responsibilities of th e Project Biologist and Restoration C ontractor. References to sections providing more detailed information on topics covered are included. The Mitigation Plan shows the areas where wetland creation will occur within the nearby Eagle Ridge Preserve – East Property (See Figure 9). A cross section of the target wetland topography is also on this figure. 195
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 15 Upon completion of construction, installation of fencing, gates and signs will also occur where needed along the perimeter of the Mitigation Property . As-built plan survey activi ties and reporting will also be conducted at completion of work.

4.2 Site Preparation
The w etland establishment site will first be mowed close to the ground and the upper 4 to 6 inches of soil will be excavated an d stockpiled at designated upland locations; this soil will subsequently be spread on the new wetlands to provide organic ma tter and potentially wetland plant seed material to the newly established wetland mitigation habitat.

4.3 Grading
The seasonal wetland s will be mass -graded/excavated using a rubber -tired earth mover to form bottom microtopography and side slopes. Excavat ed materi al will be temporarily stockpiled onsite and will be mounded as a balanced cut-and-fill project.

Finish gra ding will involve grad ing along the edges of an excavated area to tie into existing topography and grading the bottom of the created wetlan d area to provide the appropriate flat topographic relief (<1 -2 percent slope) for wetland hydrology, soil, and plant development.

Grading activities will be monitored by a grade checker using a hand leve l to ensure that the constructed wetlands meet the design criteria. The grade checke r will be u nder the direction of the Project Biologist.

4.4 Revegetation of Disturbed Areas
The created wetland will be seeded with a native seed mix to e nhance wetland veget ation growth. Seeding with native seed mix ( Table 3), coupled with natural colonization by species from seed sources in the existing soils will bring in a mix of both native and non- native species.

The established wetlands are expected to show significant vegetative growth within 3 to 4 years.

Species selected f or the wetland and upland seed mixes were chosen based on their re spective wetland indicator statuses a nd the ability to survive in alkaline/salin e environments. To ensure suitability to the conditi ons at the Project site, many of the species chosen for both t he wetland and upland seed mixes have a moderate to high salt tolerance.

Hydrophytic plant species , or those with an indicator status of FAC, FACW, o r OBL, were chosen for the wetland seed mix as they are more suited to frequent saturation and/or inundation.

Most of the species selected for the upland seed mix have a wetland indicator statu s of FAC, FACU, or UPL as they are more suited to dry conditions.

The areas to be seeded will be harrowed a fter finish grad ing to achieve a one to two- inch deep friable seed bed. The seed m ix will be broadcast at the specified rates and lightly harrowed into 196
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 16 the seed bed to achieve good seed to soil contact. Any erosion control BMPs including fabric and straw wattle installation will occur after broadcast of seed but before application of hydromulch.

A mixture of hydromulch, tackifier, and water at appropri ate rates will be sprayed with a trailer or truck mount ed hydroseeder over the top of the seeded soil bed. Seeding is planned to occur right before the rainy season (i.e., September/October) or e arly in the rainy season (i.e., November). It is anticipated th at wetland p lant species will colonize rapidly during t he winter/spring following construction.

Table 3. Seasonal Wetland Seed Mix
Scientific Name Common Name Wetland Status Pounds Per
Acre *
Cyperus eragrostis Tall flat-sedge FACW 4
Eleocharis macrostachya Common spikerush OBL 4
Euthamia occidentalis Western goldenrod FACW 3
Festuca microstachys Pacific fescue FAC 6
Hordeum brachyantherum Meadow barley FACW 6
Juncus patens Spreading rush FACW 2
Lasthenia californica California goldfields FAC 2
Plagiobathrys nothofulvus Rusty popcorn flower FAC 1
Total 28
* The final seed mix and pounds per acre will be based on native seed availability and pure live seed rates on available stock.

The disturbed upland areas within th e Mitigation Property will be subjec t to see ding with a native seed mix as shown below in Table 4.

Table 4. Preserve Upland Seed Mix
Scientific Name Common Name Wetland Status Pounds Per
Acre*
Achillea millefolium White yarrow FACU 1
Bromus carinatus California brome UPL 5
Elymus glaucus Blue wildrye FACU 6
Eschoscholzia californica California poppy UPL 2
Festuca microstachys Pacific fescue FAC 4
Hordeum brachyantherum Meadow barley FACW 6
Lupinus bicolor Miniature lupine UPL 2
Stipa pulchra Purple needle grass UPL 4
Total 30
197
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 17 * The final seed mix and pounds per acre will be based on native seed availability and pure live seed rates on available stock.

4.5 Implementation Schedule
Construction of the mitigation habitat is planned 2022 depending on receipt of permits and authorizations. Because the established wetlands will no t receive supp lemental irrigation water , the s eeding timing is important. Due to the unpredictabil ity of the rainy season, the Proj ect Biologist will schedule the seeding. After initial planting and seeding is complete, the site will be maintained and managed by activities described in this MMP.

4.6 Documentation of As-Built Conditions
Within 60-days after wetland construction is complete; a post-construction as-built survey will be prepared and submitted to USACE. This report will include:
• The as-built plan based on the post-construction survey. • Description of construction activities, paying particular a ttention to any adjustme nts to the installation plan.
• Photo-documentation of construction activities, as we ll as identific ation of permanent photo point locations.

5.0 MAINTENANCE PLAN
Maintenance will be required in order for the ecological functions and values of the site to meet and/or exceed performance expectations. Maintenance shall be considered habitat management where an adaptive management strategy is employed, and multiple a spects of t he Mitigation Property are evaluated in order to determine th e mos t f easible and desirable maintena nce pathway.

Maintenance activities will be conducted during the five-year establishment period.

5.1 Pest Plant and Wildlife Species
Plant and wildlife species considered to be a threat to the mitigation will be subject to monitoring and control.

Control of nuisance plants may include the use of specific herbicides. Herbicide application is allowed, but only to control small, localized stands of nuisance vegetation. M anual or mechanical control activ ities will be considered first and will be evalua ted for reduced species impacts compared t o herbicides. They may also be uti lized if a n herbicide a pplication is 198
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 18 determined not to be feasible or desirable by the Land Manager. Manual methods include hand pull or the use of handheld tools to remove nuisa nce vegetation . Mechanical methods may include mowing with string trimmer or deck mower as determined by the Land Manager.

The following specifications must be ad hered to prior to application of herbicides within the Mitigation Property.
• Herbicide applicat ion is allowable but should only be considered feasible after manual and me chanical methods have been r uled out. Application of herbicides will b e accomplished in accordance with the following standards:
o Herbicides will be used o nly by a qualified and lic ensed applic ator (QAL) and only applied according to a licensed pest control advisor (PCA) recommendation. o Under the direction of the Land Manage r, a biologica l monitor will accompany sprayers to prevent impacts to non-target native vegetation that is to be retained. o Target vegetation will only be sprayed using EPA -approved herbicides which are recommended for use in wetlands.
o Small spot treatments will be prior itized over l arge-scale broadcast methods t o minimize the footprint of the herbicide application.
• If manua l and mechanical efforts are not ef fective, herbicide may be us ed to target nuisance plant species found on the Property. Nuisance spe cies are defin ed as Cal-IPC high species and moderate broadleaf species. Nuisance sp ecies found within the Property include yellow star thistle, black mustard, bull thistle ( Cirsium vulgare), artichoke thistle (Cynara cardunculus ), and stinkwort ( Dittrichia graveolens ). S tudies have s hown chlorsulfuron (Telar brand) to be a highly effecti ve pre-emergent herbicide that specifically targets broadleaf species, su ch as yellow star thistle . Utilizing a selective herbicide such as chlorsulfuron should be priori tized above using a non- selective herbicide such as glyphosate; however, glyphosate m ay be a viable option as a last resort if all other control efforts are ineffective, or if other wise determin ed by adaptive management.

5.2 Fencing
Fencing to exclude unwanted human activity from the Mitigation Property will be maintained in good condition to prevent unauthorized encroachment. Site fencing will consist of fi ve-strand barb wire wi th t-posts installed at ten feet on center. All new fence that is constructed will be wildlife friendly in that the top and bottom strands will be smooth, and the bottom strand will be no less than 16 inches above the ground.
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Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 19 6.0 PERFORMANCE STANDARDS
This section presents the performance standards th at need to be achieved bef ore the compensatory mitigation activities ca n be deemed successful. Annual monitoring re sults will be compared with performance standards to indicate the extent to which the Mitigation Property is developing s uitable wetland habitat. If annual monitoring results fall belo w performance standards, the cau se will be investigated by the Project Biologist a nd adaptive management recommendations will be proposed to remedia te the deficit and attain compliance with the final performance standards.

The seasonal wetland habitat will be monitored, and the results will be compared against performance standards b elow to ensure the site provides high quality ecological functions and values. T here w ill be six performance standards for the created habitat with in the Mitigation Property (Table 5):
• PS-1 - The frequency o f inundation and/or saturation w ill be a minimum of 18.25 continuous days per year within the established (created) wetland habitat. • PS-2 - The established (created) wetland habitat will sho w evidence of ponding in photographs.
• PS-3 – The established (crea ted) wet land habitat will show an increase in vegetativ e cover over 5 years. The wetland will have at least 75% absolute cover by Year 5. • PS-4 – The established (created) wetland habitat will have a minimum of 51 percent absolute cover of OBL, FACW, and FAC species by Year 5. • PS-5 – The established (created) wetland habi tat will meet all three Corps criteria in Years that a wetland delineation is performed (Years 3 and 5). • PS-6 – Nuisance pl ant species cover on the overall site will not be greater th an 10 percent. Nuisance plant species will be thos e that have a “high” rating by Cal-IPC or are “moderate” broadleaf species.

7.0 MONITORING AND REPORTING
Monitoring and reporting f or performance will occ ur for a minimum of 5- years for wetlands/waters or until a ttainment of performance standards. If performance standards are no t met by the end of the stated monitoring and management period for a given habitat t ype, then monitoring can be extended into future years until performance standards are attained, remedial actions may occur, or compensatory mit igation may be required thr ough another mitigation mechanism to make up the difference.
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Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 20 The monitoring objectives:

1. Track habitat progress towards meeting the performance standards, and

2. Identify and remedy any problems that could impact the success of the mitigation effort and/or compromise the ecological functions and values of the site.

The m onitoring protocol and results will be r eviewed annually. Adjus tments to monitoring procedures may be required as the site changes over time, or if logistical problems r ender a procedure unduly difficult to conduct. Such adjustments will be discussed with the regulatory agencies as necessary. Af ter reviewing the monitoring reports, the regulatory agencies may also have suggestions for adjusting the monitoring progr am. Regulatory agency suggestions will be reviewed and, if appropriate, incorporated into the following year's monitoring program. The key is to anticipate that the monitoring program may need occasional adjustments to remain accurate, complete, and feasible.
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Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan _____________________________________________________________________________________________ Olberding Environmental March 2022 21 Table 5: Performance Standards
Category Performance Standard Establishment Year
Year 1 Year 2 Year 3 Year 4 Year 5
PS-1 Wetland
Hydrology
The wetland will show evidence
of wetland hydrology through
inundation (ponding) and/or
saturated soil conditions.

The seasonal wetland habitats will be saturated or inundated for at least 14 days during an average rainfall year.

PS-2
Wetland
Hydrology
Data will be collected by direct
observation, photo
documentation, and/or water
measurement devices (staff-
gauges) placed in the selected
wetland features.

The established (created) wetland habitat will show evidence of ponding in photographs.

PS-3
Vegetation
Percent Cover
The wetland will have
germination and growth of a
variety of plant species and at
appropriate overall cover levels.

Total area coverage
may be sparse after
first year. Presence
of young shoots for
seeded species.

The wetland will
have at least 50%
absolute vegetative
cover.

The wetland will
have at least 60%
absolute vegetative
cover.

The wetland will
have at least 70%
absolute vegetative
cover.

The wetland will have
at least 75% absolute
vegetative cover.

PS-4
Wetland
Species
The seasonal wetlands will be
dominated by hydrophytic
vegetation (OBL, FACW, and
FAC).

A minimum of 51
percent absolute cover
of OBL, FAC W, a nd
FAC species.

PS-5
Wetland
Verification
A wetland delineation will be
conducted with a sufficient
number of paired sampling
points to differentiate the
boundary between upland and
wetland.

Wetland delineation Wetland delineation
PS-6
Invasive
species
The overall mitigation site will
not be dominated by non-native
invasive vegetation.

Total absolute cover of non- native invasive plant species (all plant species with “H igh” impact rankings by Cal-IPC and all broadleaf species with “moderate” rating) is no more than 10 percent.

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Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan _____________________________________________________________________________________________ Olberding Environmental March 2022 22 7.1 Seasonal Wetland Monitoring
Hydrology data will be collected from the established (created ) habitat to coincide with the California rainy season (i.e., Sept/Oct to Apr/May). The first hydrology data collection event will occur with the onset of fall rains no more than two weeks after the first soaking r ain event (i.e., one inch of rain in 24 ho urs). Hydrology monitoring will occur at least monthly during the rainy season and will not end until bankfull ponding is documented with a photograph and/or at least

18.25 days of ponding/saturation has occurred. Monthly hydrology monitoring events will occur until the wetlands are totally dry, presumably early- or mid-summer.

At each data collection event, w ater depths will be recor ded from staff ga uges which will be marked at one-inch increments and placed in the bottoms of the habitat features they are intended to provide data for or collected by hand with a measuring stick or ruler.

Monitoring of wetland vegetation using randomly placed one square meter quadrats will occur during the spring moni toring event. Quadrats will be placed randomly within the seasonal wetland habitats. Each plant species occurring within the quadrat will be recorded and assi gned an absolute co ver value. The ab solute percen t cover of bare ground and thatc h will also be recorded from each quadrat. Photos will be taken of the quadrats and a representative sample will be included in annual monitoring reports.

Photographic monitoring will also occur at each wet land data collection event from fixed photo points and any other relevant areas. Photos of actively ponded wetlands will be taken and provided in monitoring reports.

Annual precipitation data will be obtained from the closest climatological station and included in monitoring reports.

Vegetation, soil, and hydrologic conditions will be monitored using the USACE’ 1987 Wetlands Delineation M anual, the Corps’ Se ptember 2008 Regional Supplement to Corps of Engineers Wetland Deli neation Manual: Ari d West (Version 2.0) (Arid West Supplement), and relevant USACE guidance documents whereby field observations will be made in the wetlands during the rainy season until the wet land soil and hydrology cri teria are met. The percentage and depth of ponded water and/or soil saturation will be noted during monitoring visits. This informati on will be recorded on the Arid West field data sheet.

7.2 Non-Native Invasive Vegetation Monitoring
Plant species designated by the California Invasive Plant Council (Cal-IPC - https://www.cal- ipc.org/plants/inventory/) to be pl ant pests (impact rating of “ high”) will not be allowed to colonize and become established within the Mitigation Property. The percent cover of non-native invasive species wi ll come from qualitative plant community assessme nt, wetland deli neation 203
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 23 vegetative data, direct observation, and/or photo documentation. Any problematic or new stands of non-native invasive vegetation will be p hotographed and described in the monitoring r eport along with recommendations for control and/or eradication.

7.3 Photo Documentation
Photo documentation will occur during all monitoring years from permanent photo stations that will be e stablished during construction and shown on the a s-built plan drawi ngs. Photo station locations will be selected to illustrate year -to-year progress in relation to the ex isting habit at.

Photo locations will be recorded with GPS equipment to ensure photos w ill be take n from the same location each year. Ph otographs will also be taken to record any events that may have a significant effect on the success of restoration, such as flood, fire, or vandalism. The location and direction of view of t he photo stations will be pr ovided with all monitoring reports. Color photocopies of the permanent photo st ations will be included as an attachment i n monitoring reports.

7.4 Annual Report
Habitat establishment monitoring reports summarizing the results of the monitoring effort will be submitted to the regulatory agencies by December 31 every year for the first 5 years.

The annual report will d ocument the degree to which the Mitigation Property is meeting the performance s tandards. The monitoring reports will descr ibe any deficie ncies in atta ining and maintaining performance standards and any remedial action proposed, approved, or performed. If remedial action(s) have been completed, the annual report will also evaluate the effectiveness of that action.

A final moni toring report sum marizing the mitigatio n project and evaluati ng the site's over all performance will be prepared and submitted at the end of monitoring (Year 5). The fi nal annual report will include a count and assessment of species. A final field visit will be conducted t o verify that onsite conditions are consistent with information documented in the annual reports.

The annual report will include the following information.

Project Overview (1 page)
a. Agency Permit Numbers
b. Name of party responsible for condu cting the monitor ing and the date(s) th e inspection was conducted.
204
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 24 c. A brief paragraph describing the purpose of the approved project, acreage and type of resources impa cted; and mitigatio n acreage and type of r esources authorized to compensate for the impacts.
d. Written desc ription of t he location , any identifiable lan dmarks of the compensatory mitigation project including information to l ocate the site perimeter(s), and coordinates of the m itigation site (expressed as latitude, longitudes, UTMs, state plane coordinate system, etc.). e. Dates the compensatory mitigation project commenced and/or was completed. f. The time period covered (i.e., the dates “from” and “to”). g. Short statement on whether the performance standards are being met. h. Dates of any recent corrective or maintenance activities c onducted si nce the previous report submission.
i. Specific recommendations for any additional corrective or remedial actions.

Requirements (1 page)
a. List the monitoring requir ements and performance standards specified in the approved mitigation plan or special conditions of agency permits. b. Evaluate whether the compensatory mitigation project site is successfully achieving the approved performance standards or trend ing towards success. (U se a table to present this information).
c. Management tasks accomplished during the year shall be identified. All herbicide use shall be reported. The type of herbicide, target speci es, frequency an d duration of use, and minimization measures will be reported.

Summary Data (4 pages maximum)
a. Present summ ary data to subs tantiate the success an d/or potential challenges associated with the compensatory mitigation project.
b. Include photo documentation to support the findings and recommendations in the monitoring report and to assist the Project Biologist in a ssessing whether the compensatory mitigation project is meeting applicable perf ormance standards for that monitoring period.
205
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 25  Format submitted photos to print on a standard 8 ½” x 11” paper.  Show da te and clearly label photos with the direction from which t he photo was taken.
 Identify the photo stations on the appropriate maps.

Maps and Plans (3 pages maximum)
Provide maps that show l ocation of compe nsatory mitigation site relative to o ther landscape features; mitigation site perimeter; habitat types; loc ations of photo reference points, transects, sampling data points, and other pertinent features.  Format maps/diagrams to print on 8.5” x 11’ paper.
 Include a legend and photo locations.

Conclusions (1 page)
a. Include statement that describes the conditions of the compensa tory mitigation project.
b. If performance stand ards are not being met, explain the difficulties and potential remedial actions together with a timetable for correction.

8.0 ADAPTIVE MANAGEMENT/REMEDIAL MEASURES
Adaptive management is a strategy to deal with unexpected changes in site conditions, responsibilities, or p erformance of the site so th at the compensatory mitigatio n project achieves its objectives and ecological performance standards.

Potential problems that may trigger a need for ada ptive managem ent include failure to attain performance standa rds, fire, subs tantial infestation by non-native plants and animals, and unanticipated anthropogenic problems such as large-scale trespassing and vandalism.

The Project Biologist will regularly analyze site progress as part of monitoring and reporting and will suggest r emedial measures to address unforeseen changes in site co nditions or other components of the mitigation project.

If the an nual monitoring results indicate that the site is fallin g below perfor mance thresh old values, then remedial actions will be implemented and funded by the Permitt ee of the mitigation project. Remedial actions may include but are not limited to: replacement planting, additional 206
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 26 watering, nuisance plant control a nd eradication, monitoring for additional years, and mitigating for the project at an alternative site.
207
Croak Road Ditch/Drainage Maintenance Project Wetland Mitigation Monitoring Plan ____________________________________________________________________________ _________________ Olberding Environmental March 2022 27 9.0 REFERENCES AND LITERATURE CONSULTED
California Department of Fish and Wildli fe (CDFW) Natural Diversity Da ta Base (CNDDB). 2021. Computer listings and map locations of histor ic and current recorded occurrences of special-status sp ecies and natural commu nities of special concern for U SGS 7.5- minute quadrangle maps.

California Invasive Plant Council (Cal-IPC). 20 21. Inventory of Invasive Plants. Available online at https://www.cal-ipc.org/plants/inventory/
California Native Plant Society (CNPS). 2021. Inventory of Rare and Endangered Plants (on-line edition, v6-04d1). California Na tive Plant Society. Sacramento, CA . Available online at http://www.cnps.org/inventory.

Cline, George , Alexander Neig her, Annemarie Bellinder . Climate of Sacram ento, Califo rnia.

National Weather Service Office, Sacramento , California. Revised August, 2010.

NOAA (National Oceanic and Atmosp heric Administration). 2021. Climatological precipitation summary for Sacramento . N ational Weather Service. Sacramento Weather Forecast Office. Sacramento, CA. Available online at
https://w2.weather.gov/climate/local_data.php?wfo=sto. Accessed September 14, 2021.

Natural Resources Conservation Se rvice (NRCS), U.S. Department of Ag riculture. 2022. Web Soil Survey. Available online at
https://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/survey/. Accessed on March 21, 2022.

Olberding Environmental, Inc. November 2016. Biological Resources Analysis Report for the Chen Property, City of Dublin, Alameda County , California. Prepared for GH America Investments, INC, Houston, Texas.

Peak and Asso ciates, Inc. 2021. Cultural Resource Assessment for the Croak Road Restoration Project, City of Dublin , Alame da County, California. Prepared for Wooi J. See Ferris , September 14, 2021.

Sawyer J. T. Ke eler-Wolf, and K. Evans. 2009. A Manual of California Vegetation, S econd Edition. California Native Plant Society.

208

Attachment 1
Figures
209
^_
^_
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 1: Regional Map
Croak Road Restoration Project
City of Dublin
Alameda County, California
Revision Date: 03/18/2022
0 4 82
Miles
I
Scale: 1:250,000 1 in = 4 miles
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure1_RegionalMap.mxd Print at 8.5" x 11"
^_ Property Location
^_ Mitigation Location
210
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 2: Vicinity Map
Croak Road Restoration Project
City of Dublin
Alameda County, California
Revision Date: 03/21/2022
0 2,500 5,0001,250
Feet
I
Scale: 1:30,000 1 in = 2,500 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure2_Vicinity_03212022.mxd Print at 8.5" x 11"
Project Area
Mitigation Area
211
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 3: USGS Topographic Map
Croak Road Restoration Project
City of Dublin
Alameda County, California
Revision Date: 03/21/2022
0 2,500 5,0001,250
Feet
I
Scale: 1:30,000 1 in = 2,500 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure3_USGS_03212022.mxd Print at 8.5" x 11"
Project Area
Mitigation Area
Project Area: Livermore USGS 7.5" Quadrangle

37.703713° -121.850455°
T03S, R01E, S2
Mitigation Area: Tassajara USGS 7.5" Quadrangle

37.754621° -121.794972°
T02S, R02E, S18
212
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 4: Project Area Aerial Map
Croak Road Restoration Project
City of Dublin
Alameda County, California
Revision Date: 03/22/2022
0 200 400100
Feet
I
Scale: 1:2,400 1 in = 200 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure4_AerialMap.mxd Print at 8.5" x 11" Project Area
213
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 5: Mitigation Area Aerial Map
Croak Road Restoration Project
City of Dublin
Alameda County, California
Revision Date: 03/22/2022
0 100 20050
Feet
I
Scale: 1:1,200 1 in = 100 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure5_MitigationAerialMap.mxd Print at 8.5" x 11" Mitigation Area
214
!A
!A
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 6: Project Area Jurisdictional Delineation
Croak Road Restoration Project
City of Dublin
Alameda County, California
Revision Date: 03/22/2022
0 150 30075
Feet
I
Scale: 1:2,000 1 in = 167 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure6_ProjectWetlandMap.mxd Print at 8.5" x 11"
Project Area (1.69 ac)
Property Boundaries
!A Culverts
Aquatic Resources
Freshwater Emergent Wetland (0.54 ac)
Seasonal Wetland Swale (0.002 ac)
!A
!A
215
!(
!(
!(
!(
!
!
!
!
!
!
!
! !
!
!
!
!
!
!
!
!
!
! !
!
!
1B
1A
2B 2A37.758514,
-121.801835

37.751829,
-121.786458
193 Blue Ravine Road, Ste. 160
Folsom, California, 95630
Phone: (916) 985-1188
Figure 7:

Eagle Ridge Preserve - East
Jurisdictional Delineation Map
Croak Road Restoration Project
City of Dublin
Alameda County, California
0 440 880220
Feet
Scale: 1:4,205 1 inch = 350 feet
Eagle Ridge Preserve - East (173.45 acres)
Mitigation Area (4.02 AC)
! Map Reference Points
!( Upland Sample Point
!( Wetland Sample Point
!
Culverts
Corps Jurisdictional Features
Wetlands
Corps Jurisdictional Waters
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure7_MitigationWetlandMap.mxd µ
Coordinate System:

NAD 1983 2011 StatePlane California III FIPS 0403 Ft US Projection: Lambert Conformal Conic
Datum: NAD 1983 2011
Units: Foot US
Map Revision Date: 3/22/2022
Made in accordance with the
Updated Map and Drawing Standards for the
South Pacific Division Regulatory Program,
as amended on February 10, 2016, by:

Jason Deters, Project Manager
Enforcement and Special Projects Unit
U.S. Army Corps of Engineers
South Pacific Division
1325 J Street, Room 1350
Sacramento, California 95814-2922
Print at 11" x 17"
216

REPLACEMENT OF
EX. 24"CMP CULVERT
8'x8' RIP-RAP AT

CULVERT INLET
(4.7 CY FILL)
10'x10' RIP-RAP AT

CULVERT INLET
(7.4 CY FILL)

GH PACVEST

WETLAND IMPACT EXHIBIT

DUBLINBOULEVARD

FALLON ROAD
LEGEND:

EXISTING BOUNDARY LINE

IMPACTED FRESHWATER EMERGENT WETLANDS
(21,160 SF/0.49 AC)
IMPACTED SEASONAL WETLAND (87 SF/0.002 AC)
FRESHWATER EMERGENT WETLAND (0.54 AC)*
SEASONAL WETLAND SWALE (0.002)*
*DELINEATIONS SHOWN ARE PER WETLAND

RESEARCH ASSOCIATES DELINEATION TITLED
"FIG. 4 OFFSITE PROJECT AREA AQUATIC
RESOURCES - EAST RANCH" DATED 5/5/2021

RIP-RAP PROTECTION AT CULVERT ENDS

OLD FALLON ROAD

CROAKROAD

GH PACVEST

PROPERTY
217
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 9:

Off-site Mitigation Area Map
Croak Road Restoration Project
City of Dublin
Alameda County, California
Created on: 03/22/2022
0 100 20050
Feet
Scale: 1:1,200 1 in = 100 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure9_EagleRidgeWetlandMitigation.mxd Print at 11" x 17"
Eagle Ridge Preserve - East
Boundary
Mitigation Area
(4.0 AC)
Proposed Wetland Mitigation
(1.002 AC)
Existing Wetland Features
Seasonal Wetland Swale
Coordinate System:

NAD 1983 2011 StatePlane California III FIPS 0403 Ft US Projection: Lambert Conformal Conic
Datum: NAD 1983 2011
Units: Foot US
µ
218
Attachment 2
Representative Photographs
219
Croak Road Ditch/Drainage Maintenance – March 2022

1. Facing south, photo shows the Project area along Croak Road facing south towards Interstate I-580.

September 24, 2019.

2. Facing northeast, photo shows the corner of Croak Road where water is pooling on the road due to the blocked culvert. The Project will be replacing the culvert to allow for flow to the storm drain under the I-580 freeway.

September 24, 2019.
220
Croak Road Ditch/Drainage Maintenance – March 2022

3. Facing northeast, photo shows the wetland area at the bend in Croak Road. November 1, 2021.

4. Facing south, photo shows ponded water within the ditch under the trees at the south end of Croak Road.

March 14, 2018.
221
Croak Road Ditch/Drainage Maintenance – March 2022

5. Facing southwest, photo shows the seasonal wetland swale in the northwest corner of the Eagle Ridge Preserve – East Property that bisects the Mitigation Area. April 7, 2021.

6. Facing southwest, photo shows another portion of the existing seasonal wetland swale in the Mitigation Area.

The mitigation features will be constructed on either side of this swale. April 7, 2021. 222
Croak Road Ditch/Drainage Maintenance – March 2022

7. Facing southeast, photo shows the upland habitat adjacent to the seasonal wetland swale where the mitigation features will be constructed. April 7, 2021.
223
Attachment 3
Hydrology Report
224
Pro ject Number: 19887.1DG.D

TECHNICAL MEMORANDUM
- SINCE 1953 -
5142 FRANKLIN DRIVE, SUITE B, PLEASANTON, CALIFORNIA 94588-3368 PHONE: (925) 225-0690 FAX: (925) 225-0698 OFFIC
ES: PLEASANTON ROSEVILLE
www.msce.com
P:\19887\PLN\Hydro-P\Ditch-Hydro-Tech-Memo\19887.1DG.D-MM-Ditch-Hydro-Tech-Memo-2021_08_06.doc Date: August 4, 2021
To: Wooi J. See Ferris, GH Pacvest
From: Mariana Mena, MacKay & Somps
Subject: Fallon 580 Property – East Dublin GH Pacvest
Hydrology and Hydraulics Calculations for the Ditch Re-Grading Purpose:

This memorandum is prepared to analyze and demonstrate that the proposed re-graded trapezoidal ditch at Old Fallon Road and Croak Road has adequate flow capacity to contain and convey the 10- year design storm. As part of the effort to restore the ditch drainage capacity, the existing 24” CMP culvert which is damaged and mostly buried will be replaced with a new 24” SD culvert will be installed under existing Croak Road to convey the re-graded ditch flows to the existing incised ditch on the south side of Croak Road within the Alameda property which is believed to the be the historical direction of ditch flow.

Background:

The existing roadside ditch is located along the east side of Old Fallon Road and flows from north to south along the western edge of the GH Pacvest property south of Central Parkway. The watershed limits tributary to the existing ditch are comprised of predominantly the open space drainage / pedestrian corridor that runs northeast to southwest through the middle of the existing Jordan Ranch and Positano residential communities. All the runoff from the surrounding Jordan Ranch and Positano developments on both side of the drainage corridor drain to hard-lined pipe systems; that ultimately drain west to the 84” SD trunk main that flows south within the Fallon Road right-of-way. The 84” SD trunk main was built with the Positano Development and sized to convey all the storm runoff flows from the fully developed communities of both Jordan Ranch and Positano. The watershed limits tributary to the 84” SD pipe are outlined per the Dublin Ranch Drainage Master Plan, exhibit titled “Master Drainage Plan Areas and Land Use” dated March 2006, refer to Appendix A. The watershed limits tributary to the existing ditch are illustrated in Appendix B “Existing Ditch Watershed Map”.

Methodology:

The hydrology calculations presented in this memorandum apply the “Rational Method”, which follow the procedures outlined in the Alameda County Hydrology and Hydraulics manual. A Rational Method analysis was performed for the watershed tributary to the existing ditch to determine the runoff volume generated by the watershed in a 10-year design storm. A hydraulic analysis of the proposed re-graded ditch and replacement 24” culvert for the 10-year design storm flows were analyzed using the TLW software. The “TLW Hydrology and Hydraulics” software 225
MEMORANDUM 19887.1DG.D
August 4, 2021