C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV02/2024
THIRD AMENDMENT
THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and URBAN PLANNING PARTNERS (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Professional Services Contract dated October 27, 2022 (“Contract”) for the purpose of retaining the services of Contractor to provide UD22-1 5801 Christie Avenue Mixed Use Project &EIR; and WHEREAS, the City and Contractor entered into a first amendment of the Contract on 6/20/23 for the purpose of extending the termination date of the contract; and WHEREAS, the City and Contractor entered into a second amendment on 7/27/2023 for the purpose of increasing the scope of the work to include analysis of the Emeryville LOOP that would modify the roadway in the vicinity of the Project through construction of new two-way Class IV separated bikeway facilities, one new midblock crossing, and dedicated transit lanes
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
DocuSign Envelope ID: CA148A3F-D79E-4F2E-B372-63F323D51896 DocuSign Envelope ID: 2025E795-E224-4992-B99A-27BF510C9985 Exhibit A
City of Emeryville | Professional Services Contract Amendment REV02/2024
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-1, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to NEW END DATE.
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by TWO HUNDRED FIFTY TWO
THOUSAND THREE HUNDRED AND SIXTEEN DOLLARS AND NO
CENTS ($252,316). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed SEVEN HUNDRED SIXTEEN
THOUSAND FIVE HUNDRED AND FIFTY EIGHT DOLLARS AND NO
CENTS ($716,558).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: CA148A3F-D79E-4F2E-B372-63F323D51896 DocuSign Envelope ID: 2025E795-E224-4992-B99A-27BF510C9985 City of Emeryville | Professional Services Contract Amendment REV02/2024
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
THIRD AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
Paul Buddenhagen, City Manager
Dated: URBAN PLANNING PARTNERS, INC.
(Signature)
LYNETTE DIAS, PRINCIPAL
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
DocuSign Envelope ID: CA148A3F-D79E-4F2E-B372-63F323D51896 04/05/2024
DocuSign Envelope ID: 2025E795-E224-4992-B99A-27BF510C9985 Memorandum
DATE March 20, 2024
TO Miroo Desai, Planning Manager
[email protected] FROM Carla Violet, Associate Principal [email protected] RE: UD22-1 5801 Christie Ave Mixed-Use Project Environmental Review Services Amendment #3
Urban Planning Partners (UPP) is requesting a contract modification to our current contract dated August 22, 2022. Approval of this modification will cover costs for Fehr & Peers to conduct a design assessment to update the design of the Loop project, resulting in 10% conceptual drawings and 35% P&E documents. Fehr & Peers proposes to update the Vissim analysis based on this revised concept, including updating modeling assumption to reflect expected travel demand and help the City understand how the Loop is likely to operate in real-world conditions more closely. A more detailed scope and fee is included in Attachment 1 .
FEE ESTIMATE
With the inclusion of new data collection, traffic volume forecasts, Loop design assessment, updating and re-running of Vissim models, and 10% and 35% design documents, a budget amendment of $195,625 in total is requested. This includes $49,905 for Tasks 1 through 4 and $145,720 for Task 5. The inclusion of optional Tasks 6 and 7 represent an additional $53,960, which would take the total budget amendment to up to $249,585 if both are included. Fehr & Peers currently has $20,206 general contingency available, which will be applied to this scope to reduce the fee.
Urban Planning Partners requests a modification to increase the current not-to exceed fee by an additional $252,316, as shown in Table 1, to complete the additional scope of work.
EXHIBIT A
Miroo Desai, Planning Manager
March 20, 2024
Table 1: Requested Fee Increase
Consultant Fee
Fehr & Peers (Tasks 1-5) $195,625
Fehr & Peers (Optional Tasks 6-7) $53,960
Fehr & Peers Contingency Credit ($20,206)
Subtotal $229,379
Urban Planning Partners (10% Subconsultant Mark-up) $22,937 Total $252,316
Original Contract Date: August 22, 2022
Original Contract Amount: $315,234
Contract Mod #2: $149,008
Contract Amount with Contract Mod #2: $464,242
Contract Mod #3: $252,316
Contract Amount with Contract Mod #3: $716,558
AUTHORIZATION
Please sign below and return to UPP if the terms of this contract modification are agreeable. All terms of our original contract would remain in effect. Feel free to contact Carla at (510) 251-8210 with any questions. We look forward to completing this project for the City of Emeryville.
Sincerely,
URBAN PLANNING PARTNERS, INC.
Carla Violet
ASSOCIATE PRINCIPAL/PLANNING MANAGER
O: 510.251.8210 x1005
Attachment 1: Fehr & Peers Budget Amendment dated March 15, 2024 CONTRACT MODIFICATION #3
TO $252,316 TOTAL CONTRACT AMOUNT
ACCEPTED AND AUTHORIZED BY:
__________________________________________ ___________________________ Miroo Desai Date
City of Emeryville
2201 Broadway, Suite 602 | Oakland, CA 94612 | (510) 834-3200 www.fehrandpeers.com
March 14, 2024
Carla Violet
Urban Planning Partners
388 17th Street, Suite 230
Oakland, CA 94612
Subject: 5801 Christie Avenue Loop Design and Operations Assessment Amendment Dear Carla,
We understand that the City would like to include the Emeryville Loop project identified in its draft Active Transportation Plan (ATP) update as part of the 5801 Christie Avenue project. Prior scoping of the operational analysis for the Emeryville Loop project assumed the use of the conceptual design provided for the project in the draft ATP. However, upon conducting operational analysis using this design, Fehr & Peers found the design would require substantial modifications to represent a viable solution for travel through the Loop and the provision of safe and effective transit and active transportation options.
Additionally, findings from our previously scoped operational analysis indicate that using standard conservative assumptions related to vehicle re-routing from traffic congestion and mode shift from multimodal improvements would likely result in the VISSIM microsimulation model showing unrealistically high congestion and queueing with implementation of the Loop project.
To assist with development of the Loop project, Fehr & Peers proposes to conduct a design assessment to update the design of the Loop project, resulting in 10% conceptual drawings and 35% P&E documents.
Fehr & Peers proposes to update the Vissim analysis based on this revised concept, including updating modeling assumption to more closely reflect expected travel demand and help the City understand how the Loop is likely to operate in real-world conditions.
The following scope of work has been prepared based on conversations with City of Emeryville staff and builds upon the scope of work contained within our contract dated December 15, 2022, and the contract modification dated June 19, 2023.
SCOPE OF WORK
We will complete the following tasks as part of this scope of work.
Carla Violet
March 14, 2024
Task 1 – Data Collection
We will obtain weekday morning (7:00 AM to 9:00 AM), weekday evening (4:00 PM to 6:00 PM), and Saturday afternoon (2:00 PM to 4:00 PM) peak period intersection turning movement counts, including a separate count of vehicles, pedestrians, bicycles, and trucks, at Hollis Street/Powell Street intersection. Additionally, we will conduct field observations during the peak periods for the purposes of validating the microsimulation model, including lane utilization, vehicle queue spillback, and saturation flow rates. Adding the Hollis Street/Powell Street intersection to Vissim models will improve metering of traffic related to the BioMed project.
Task 2 – Updated Intersection Volume Forecasts
We will develop intersection volume forecasts for the Hollis Street/Powell Street intersection for the AM, PM, and Saturday peak periods. Additionally, we will update intersection volume forecasts for the 20 study intersections under Existing Plus Project (With Loop), Near-Term, Near-Term Plus Project (Without Loop), and Near-Term Plus Project (With Loop) conditions to reflect the following:
• Updated trip generation for the BioMed project under Near-Term, Near-Term Plus Project (Without Loop), and Near-Term Plus Project (With Loop) conditions to represent only Phase 1 of the BioMed project
• Updated assumptions for vehicle re-routing and mode shift that considers the effect of additional congestion for automobiles and the full expected (as opposed to conservative/most defensible) effect from buildout of bicycle and transit facilities
Task 3 – Loop Design Assessment and 10% Conceptual Design Documents We will assess and update the lane geometries of the Loop design included in the City of Emeryville Active Transportation Plan (ATP) and the associated intersection signal phasing and timings to better serve the expected traffic patterns and operational needs resulting from the conversion to one-way automobile travel and implementation of a bus-only lane and two-way cycletrack. This assessment and update will include a site investigation and feasibility analysis, focusing on changes to the space designated for automobiles in the design included in the ATP. Identifying updates to Loop geometries and signal timings will be an iterative process utilizing a series of Vissim model runs to assess and optimize the design.
Based on the findings of the design assessment, we will develop 10% conceptual design drawings. For these drawings, we will obtain a scaled aerial image of the Emeryville Loop project area. The 10% drawings will incorporate curbs, medians, and back of sidewalk, in addition to facilities including motor vehicle and transit lanes, cycle tracks, and sidewalk modifications and extensions. We will develop designs that are consistent with established multimodal goals and identify opportunities for cost savings. We will also identify Carla Violet
March 14, 2024
anticipated traffic signal phasing and annotate key project features necessary to modify the Vissim microsimulation model.
Task 4 – Operations Analysis
We will update the Vissim models for the AM, PM, and Saturday peak periods for the Existing Plus Project (With Loop), Near-Term, Near-Term Plus Project (Without Loop), and Near-Term Plus Project (With Loop) scenarios to add the Hollis Street/Powell Street intersection, update traffic volumes per Task 2, and update Loop geometries and signal timings per Task 3. Updates described in Tasks 2 and 3 would either not apply or would not have a substantial effect in the Existing and Existing Plus Project scenarios, so those Vissim models would not be updated.
Intersection operations, including level of service (LOS), vehicle queues, and transit travel times will be evaluated for the 20 study intersections under each scenario. The analysis results and recommendations will be included in a memorandum summarizing all non-CEQA analysis conducted for the project.
Task 5 – 35% Geometric Approval Design Documents
We will develop 35% design documents for the Loop project using the below understanding and approach, which is described in greater detail in the subtasks that follow. • A 10% geometric concept will be developed in Task 3 to be used in Vissim microsimulation modeling.
• We will utilize the 10% geometric concept to prepare a Geometric Approval Drawing (GAD) for civil and striping design improvements at 35% design level.
• The 35% design will determine constructability and design needs regarding surface and underground drainage, above and below ground utilities, vehicle movements, and ADA compliance (i.e., crosswalk slopes and curb ramps).
• Proposed improvements are intended to be constructed within existing public right-of-way. • Assume pavement rehabilitation design will be limited to a surface seal, such as microsurfacing. No pavement subsurface investigation is included in this scope of work. We understand that the streets were last paved in 2017 and are generally in fair to good condition.
The approach to the 35% design excludes the following:
• Utility potholing
• Right-of-entry permitting with adjacent private property owners Carla Violet
March 14, 2024
• Public presentations or community outreach or engagement • Mechanical Engineering
• Electrical Engineering.
• Fountain design or renovations
• Geotechnical Engineering
• Structural Engineering
• Grant writing or review
• Agency permitting
We propose the following series of subtasks to accomplish the 35% design work.
Task 5.1 – Utility Coordination and Records Research
We will review relevant available data and records from the City (i.e., storm drain, traffic signal, and fiber mapping, boundary and property limits, construction record drawings, etc.), public and private utility providers, and other sources that may be appropriate to support the preparation of construction documents. The gathered information will be compiled and included in the base map and assumptions used for design.
We will prepare and distribute utility notification letters to collect facility maps and as-builts, confirm utility planned work, and notify utilities of the City’s utility cut moratorium on improved streets. We will document all utility coordination notifications, conversations, meetings, and information in a dated matrix format or with meeting summaries.
Task 5.2 Aerial Topographic Survey
We will research local survey datums and existing monuments, establish necessary ground control, obtain aerial photography, and photogrammetric engineering sufficient to prepare an aerial mapping base sheet for the Project area.
The mapping area shall consist of an approximately 125-foot corridor centered on the existing loop roadways and include approximately 100 feet beyond the returns for each intersecting side street. The Powell Street mapping will include the West Frontage Road intersection and 800 feet east of Christie Avenue. The mapping will be compiled at a scale of 1” = 20’ with a 1-foot contour interval with spot elevations on a 40’ grid and shall be based on NAD 83/NAVD 88 datum. Significant features visible in the mapping photography will be plotted, such as curbs, gutters, sidewalks, surface utilities, striping, fencing, buildings, signs, traffic and light poles, tree driplines, etc. To the extent features are obscured in the photography, any omissions may be updated in Optional Task 6 (Supplemental Topographic Survey).
Carla Violet
March 14, 2024
If Optional Task 7 (Utility Location, GPR) is selected, this task includes a limited amount of supplemental field surveys to collect surface utility markings provided by our utility locator, plotting underground utilities from the markings, and a limited amount of supplemental field data for critical design considerations.
Based upon a combination of record data and any monuments collected during topographic surveying, we will calculate the record data location of the existing right-of-way for the mapping corridor. Additionally, we will calculate and show the location of each adjoining parcel lot line from record data (assessor’s parcel data, record mapping and apparent lines of occupation). It should be noted that this property line data will not be based upon a field survey and should be considered approximate only.
The completed aerial topographic survey shall include the establishment of a ground control network (suitable for future construction control) and a 20-scale topographic mapping product, including a digital surface derived by aerial methods. Additionally, a digital color orthophoto will be provided.
Task 5.3 – Preliminary Plans and Estimate
Based on topographic survey and records data collected in Task 2 (and/or Optional Tasks 4 and 5), and the 10% geometric concept, we will then develop 35% preliminary design documents that depict basic street, traffic signal, bike facility, hardscaping, and pedestrian improvements layout, preliminary pavement treatments, pavement conform locations and typical depths, with pertinent geometric information.
The drawings will include cover sheet, site plan, improvements layout, striping, proposed storm drain infrastructure (if required), drawn at a scale of 1” = 20’. Typical and custom details will be provided as appropriate for the conceptual design. Drawings will be prepared in ACAD C3D 2022 and submitted electronically (PDF, dwg). The traffic signal design will be documented with callouts describing the necessary traffic signal design changes needed at each corner for each signalized intersection. The callouts will provide sufficient detail to establish the probable construction costs for the traffic signals. The estimate of probable construction costs for civil, traffic signal, and landscape designs will be prepared in Excel format.
It is assumed that the City will require a 15-day review/comment period once the preliminary P&E package is submitted.
The draft 35% P&E will be revised to incorporate comments received from the City. We will meet with the City to review these comments, from which the final 35% P&E will be prepared. We will provide a response to each comment that is included in a comment table provided by the City.
Optional Task 6 – Supplemental Topographic Survey
Utilizing the control network established in Task 5.2 (Aerial Topographic Survey), we will complete additional field surveys and office calculations/drafting needed to prepare a design level topographic map of the Carla Violet
March 14, 2024
Project area. With a survey limit for this task defined as from back of walk to back of walk, the following information will be collected:
• Cross-sections at 50-foot intervals along with additional spot elevations as required defining the longitudinal and cross slope grade breaks. Typically, the cross section will include back of walk, top of curb, flowline and lip of gutter, pavement quarter point (if a grade break exists), and pavement centerline.
• Surveyed locations/elevations for surface utility structures, along with invert data for sanitary and storm drain facilities, including invert elevations, pipe direction and pipe size for accessible structures within the mapping limit. To the extent visible, the surveyor will obtain a measurement from the top of manhole rim to the top of cone and note any adjustment rings. • Location of all surface evident street monumentation within the mapping corridor (for preservation and Record R/W purposes).
• Update the aerial base sheet to include the supplemental data collected.
Optional Task 7 – Utility Location
Using GPR, we will field locate utility alignments and depths within intersections where deep excavations (i.e., corner bulbouts, drainage improvements, stormwater basins, intersection reconstruction) are anticipated to the extent that GPR methods can detect utilities. Utility location markings will then be included in topographic surveys (Task 5.2). If GPR cannot establish utility alignments and or depths, potholing may need to be completed for additional scope and fee. This GPR data is for initial planning purposes and the locations will help inform the design of areas of potential conflict with underground improvements, including stormwater treatment basins, corner bulbouts and potential intersection conforms or reconstruction, storm drain pipes and inlets, and irrigation.
It is assumed that our utility locator will obtain a “no fee” encroachment permit with the City which may utilize standard Caltrans traffic control plans.
Items excluded: 1) Cost of permits and inspection of any kind on this project, 2) night shift or overtime, 3) pressure washing paint marks, 4) engineered traffic control plans, and 5) potholing.
LEVEL OF EFFORT AND SCHEDULE
With the inclusion of new data collection, traffic volume forecasts, Loop design assessment, updating and re-running of Vissim models, and 10% and 35% design documents, a budget amendment of $195,625 in total is requested. This includes $49,905 for Tasks 1 through 4 and $145,720 for Task 5. Inclusion of optional Tasks 6 and 7 together represent an additional $53,960, which would take the total budget amendment to up to $249,585 if both are included.
Carla Violet
March 14, 2024
Fehr & Peers currently has $20,206 general contingency available, which could be applied to this scope to reduce the budget amendment needed.
We can complete the scope according to the following schedule:
• Tasks 1-4: Completion of 10% design plans within 2 weeks of NTP from the City, followed by 8 weeks to complete Vissim microsimulation modeling and another 2 weeks to complete the draft non-CEQA memorandum.
• Task 5: Completion of field data collection and records research within 6 weeks of NTP from the City, followed by up to 8 weeks to complete draft 35% design.
Please contact Jordan ([email protected] or 510-587-9429) with questions or if you need any additional information. We look forward to continuing working with you on this project.
Sincerely,
FEHR & PEERS
Rob Rees, PE
Principal
P22-1161-OK
Jordan Brooks, AICP
Senior Transportation Planner