RESOLUTION NO. 24-64
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Professional Services Contract In The Amount Of $250,000.00 With MIG For Professional Design Consultant Services For The Powell Street Redesign Project As A Part Of ATP Studies Project SUT-02 (CIP Project #24475018); Appropriating $50,000 From Fund 475 In CIP No. 24475020 Into CIP No. 24475018
WHEREAS, on March 14, 2024, the Public Works Department invited qualification submittals from various design firms for “Professional Design Services for the Powell Street Redesign”; and
WHEREAS, on April 18, 2024, the City received proposals from four consultant teams and two of the four teams demonstrated detailed understanding of the project at-hand, compiled strong teams, formulated well thought-out approaches to the project, and showed ample technical expertise from past projects; and WHEREAS, City staff was most comfortable with the approach, experience, and understanding of the City’s needs from MIG; and
WHEREAS, after notifying all proposers of the results, City staff entered into negotiations with MIG following Local Assistance Procedures Manual (LAPM) guidelines; and WHEREAS, City staff recommends executing a Professional Services Contract with MIG with a termination date of December 31, 2025 in order to ensure that this consultant provides full support during the planning and concept design phases for the Project; and WHEREAS, City staff has determined that specialized knowledge, skills, and training are necessary to render the services to do the work contemplated under this Contract; and WHEREAS, City staff has determined that MIG is qualified by training and experience to render such services; and
WHEREAS, the Contractor desires to provide these services for a total amount not to exceed $250,000.00; and
WHEREAS, the public interest will be served by this Professional Services Contract; and WHEREAS, the project funding can be supplemented from Park Studies (CIP# 24475020) because the project includes public realm and park improvements for the Bay Trail along Powell Street and path improvements within and bike lane improvements through Marina Park; and
WHEREAS, the Project’s contract shall be funded as follows:
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 Resolution No. 24-64
PSC with MIG (Powell Street Redesign Project)
City Council Meeting | June 4, 2024
ATP Studies SUT-02 (Project #24475018)
Fund FY23/24 FY24/25 FY25/26
250 – Traffic Impact Fee $45,300 $25,000 $25,000
475 – Gen Cap Fund $60,000 $25,000 $25,000
Park Studies URG-02 (Project #24475020)
Fund FY23/24 FY24/25 FY25/26
475 – Gen Cap Fund $50,000
; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute a Professional Services Contract with MIG in the form attached hereto as Attachment A, for a total contract amount not to exceed $250,000.00.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 4, 2024, by the following vote:
AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Professional Services Contract
o Exhibit A – Scope of Work
o Exhibit B – Insurance Requirements
o Exhibit C – Federal Contract Provisions
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
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.
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THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of ____________________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and MIG, INC. (“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 desires to engage Contractor for Powell Street Redesign Project; and
WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to render the services necessary to do the work contemplated under this Contract; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
WHEREAS, the Contractor desires to provide such services; and, WHEREAS, the public interest will be served by this Contract; and NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. SCOPE OF SERVICES AND TERMINATION DATE
1.1 Project Description
A complete project description is set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference.
1.2 Services
The services to be completed under this Contract (“Services”) are described in the Scope of Work set forth in Exhibit A. The Services shall be performed in accordance with terms, conditions, and specifications set forth herein. To the extent there is a conflict between the Scope of Work, and the terms, conditions, and specifications set forth herein, the terms, conditions, and specifications set forth herein shall govern.
1.3 Schedule and Completion Date
The Services to be provided by Contractor under this Contract shall commence on the Effective Date and terminate on DECEMBER 31, 2025. The Parties may, by mutual, written consent, extend the term of this Contract.
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2. WORK CHANGES
2.1 City Rights to Change
The City reserves the right to order changes in the Services to be performed under this Contract by altering, adding to or deducting from the Scope of Work. All such changes shall be incorporated in amendments executed by the Contractor and the City. Such amendments shall specify the changes ordered and any necessary adjustment of compensation and completion time.
2.2 Additional Work Changes
Any work added to the Scope of Work by an amendment shall be executed under all the applicable conditions of this Contract. No claim for additional compensation or extension of time shall be recognized unless contained in an amendment duly executed on behalf of the City and the Contractor.
2.3 City Manager Execution
The City Manager has authority to execute without further action of the Emeryville City Council, any number of amendments so long as their total effect does not materially alter the terms of this Contract or increase the total amount to be paid under this Contract, as set forth in Section 3.2 below.
3. COMPENSATION AND METHOD OF PAYMENT
3.1 Compensation for Services Performed
City agrees to pay the Contractor for the Services performed and costs incurred by Contractor upon certification by the City that the Services were actually performed and costs actually incurred in accordance with the Contract. Compensation for Services performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Services performed and costs incurred. The City shall pay the Contractor within forty-five (45) days after approval of the invoice by City staff.
3.2 Total Compensation Amount
The total amount paid under this Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($250,000.00), except as outlined in Section
2.3 above. The compensation for Services performed shall be as set forth in Exhibit A.
Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying and microcomputer time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service.
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4. COVENANTS OF CONTRACTOR
4.1 Assignment of Contract
The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Contract, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them and the City shall have no obligation to them.
4.2 Responsibility of Contractor and Indemnification of City To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
4.3 Independent Contractor
The Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Services; hiring of contractors, agents or employees to complete the Services; and the payment of DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Professional Services Contract
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employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates and employees during the term of this Contract.
4.4 Insurance
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
4.5 Records, Reports and Audits
4.5.1 Records
A. Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later.
B. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible.
4.5.2 Reports and Information
Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Contract in the form requested by the City.
4.5.3 Audits and Inspections
At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Contract. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract.
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4.6 Conflicts of Interest
The Contractor covenants and declares that, other than this Contract, it has no holdings or interests within the City of Emeryville, nor business holdings, contracts or agreements with any official, employee or other representative of the City. For the duration of this Contract, in the event the Contractor or its principals, agents or employees acquire such a holding, interest, contract, or agreement within the City of Emeryville or with any official, employee or representative of the City in the future, the Contractor will immediately notify the City of such holding, interest, contract, or agreement in writing.
4.7 Confidentiality
The Contractor agrees that such reports, information, opinions or conclusions shall not be made available to or discussed with any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether deemed confidential or not.
4.8 Discrimination Prohibited
The Contractor covenants and agrees that in performing the Services required under this Contract, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.
4.9 Licenses, Certifications and Permits
The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Services contracted for under this Contract.
All work performed by Contractor under this Contract shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals.
4.10 Key Personnel
The Project Manager is necessary for the successful prosecution of the Services due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team without the City’s approval. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Contract and shall be grounds for termination.
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4.11 Authority to Contract
The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Contract, if applicable.
4.12 Ownership of Work
All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the Services to be performed by the Contractor (“Materials”) shall be and are the property of the City and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment.
4.13 City Labor Requirements
4.13.1 Compliance
At the Effective Date, compliance with the City’s living wage ordinance is required / not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing Services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.
4.13.2 Applicability
Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08 of the Emeryville Municipal Code. Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.
4.13.3 Non-Compliance
Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Professional Services Contract
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compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.
4.13.4 Living Wage
Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $18.00 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.
4.13.5 Minimum Wage and Paid Sick Leave
In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.
4.14 California Labor Requirements
4.14.1 Prevailing Wage Requirements
Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
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4.14.2 Registration
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
4.14.3 Labor Compliance Oversight
This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
4.14.4 Workers’ Compensation
Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:
“I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
4.14.5 Event of Default
Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.
5. TERMINATION
A. The City shall have the right to terminate this Contract for any reason whatsoever by providing written notice thereof at least five (5) calendar days in advance of the termination date.
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B. All termination notice periods triggered pursuant to written notice shall begin to run from the date of the United States Postal Service postmark.
C. Upon termination, City shall provide for payment to the Contractor for Services rendered and expenses incurred prior to the termination date.
D. Upon receipt of a termination notice the Contractor shall: (1) promptly discontinue all Services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Contract, whether completed or in process, in the form specified by the City.
E. Notwithstanding anything to the contrary, this Contract is subject to immediate termination in the event the City Council does not appropriate sufficient funds for this Contract.
F. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Contract or at law or in equity.
6. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.
7. ENTIRE AGREEMENT
This Contract constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Contract not contained in this Contract shall be valid or binding. This Contract may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization.
8. SUCCESSORS AND ASSIGNS
Subject to the provisions of this Contract regarding assignment, this Contract shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties.
9. APPLICABLE LAW AND ATTORNEY’S FEES; VENUE
If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the rules, regulations, statutes and laws of the State of California will control.
The prevailing party shall be entitled to reasonable attorney's fees in addition to any DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Professional Services Contract
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other relief to which said party may be entitled. The exclusive venue for any legal action taken pursuant to this Contract shall be the State of California Superior Court for the County of Alameda or the United States District Court for the Northern District of California.
10. SEVERABILITY
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.
11. BUSINESS TAX CERTIFICATE
Prior to commencement of the Services to be provided hereunder, Contractor shall apply to the City of Emeryville Finance Department for a business tax certificate, pay the applicable business tax and maintain said business tax certificate during the term of this Contract, as provided in Article 1 of Chapter 1 of Title 3 of the Emeryville Municipal Code.
12. NOTICES
12.1 Communications Relating to Daily Activities
All communications relating to the day-to-day activities of the work and invoices shall be exchanged between Josie Ahrens for the City and Karthik Kumar for the Contractor:
CITY CONTRACTOR
Josie Ahrens, Management Analyst
Phone No: 510-464-4319
E-Mail : [email protected]
Karthik Kumar, Director of Community
Design
Phone No: 510-845-7549 #1340
E-Mail : [email protected]
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12.2 Official Notices
All other notices, writings or correspondence as required by this Contract shall be directed to the City and the Contractor, respectively, as follows:
CITY CONTRACTOR
Mohamed Alaoui
1333 Park Ave
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : [email protected]
with a copy to:
Josie Ahrens, Management Analyst
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4319
E-Mail : [email protected]
Daniel Iacofano, President & CEO
800 Hearst Avenue
Berkeley, California 94710
Phone No: 510-845-7549
E-Mail : [email protected]
13. COUNTERPARTS
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.
14. NO THIRD-PARTY BENEFICIARIES
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
15. NON-EXCLUSIVITY
City reserves right to employ other contractors in connection with the Services covered under this Contract.
16. ASSIGNMENT OR TRANSFER
Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City.
Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
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17. WAIVER
The City’s failure to enforce any provision of this Contract or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
18. OTHER REQUIREMENTS
Compliance with terms and conditions set forth in Exhibit C is required / not required for this Contract. Contractor shall also fully and adequately comply with the provisions included in Exhibit C (“Other Requirements”) when attached hereto and incorporated herein by reference (“Other Requirements”). With respect to any conflict between such Other Requirements and the terms of this Contract and/or the provisions of state law, Exhibit C shall control.
SIGNATURES ON FOLLOWING PAGE
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19. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT
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: MIG, INC.
(Signature)
Daniel Iacofano, President & CEO
Attach:
W-9 Form
Attach:
Business License Certificate
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F 05/20/2024
DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 Powell Street Redesign
CITY OF EMERYVILLE
800 Hearst Avenue | Berkeley, CA 94710
(510) 845-7549 | www.migcom.com
In association with:
BKF Engineers | Fehr & Peers | Geocon
Proposal | April 18, 2024
Professional Design Services for the
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TABLE OF CONTENTS
Cover Letter 1
Team/Firm Qualifications Summary 3
Project Approach 27
The Project Team 37
Exhibit C Forms 52
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800 Hearst Avenue
Berkeley, CA 94710
(510) 845-7549
www.migcom.com
CALIFORNIA
BERKELEY, FULLERTON,
LOS ANGELES, PASADENA,
RIVERSIDE, SACRAMENTO,
SAN DIEGO, SAN JOSE,
AND SONOMA
COLORADO
DENVER
NEW YORK
BROOKLYN
OREGON
PORTLAND
TEXAS
SAN ANTONIO
WASHINGTON
SEATTLE
April 18, 2024
Josie Ahrens, Management Analyst
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
RE: Proposal for the City of Emeryville Powell Street Redesign Dear Josie Ahrens and Selection Committee Members:
Our team is truly excited about the opportunity to help develop this key section of greenway infrastructure for the City of Emeryville. A park street with stunning panoramic views of the Bay, Powell Street from West Frontage Road to the Marina has the potential to become a visible and imageable symbol—showcasing the City’s commitment to creating a connected, livable community with attractive streetscapes, green infrastructure, and safe and equitable access. A renewed Powell Street is an important arm of the Greenway System and active transportation network envisioned by the City. Its implementation will bring equitable and safe access to the Bayshore, Marina, and McLaughlin Regional Park, not only for residents and businesses on the peninsula, but also for residents of Emeryville and beyond. At Moore Iacofano Goltsman, Inc. (MIG), we are committed to making cities and streets more inclusive, accessible, and welcoming for all, and we support the City’s vision and commitment to building infrastructure for many modes with low or no environmental impact.
The MIG Team has a long history of successfully leading award-winning streetscape design, placemaking, and community engagement efforts across the Bay Area and the country. MIG’s multidisciplinary approach and structure with multiple in-house service areas allows us to tap into a deep bench of expertise to provide planning, design, engineering, and permitting services. We not only create context-sensitive plans and designs that support human development, but we also create plans and designs that are grant competitive, durable and maintainable, and highly constructable, ensuring that the community’s vision can be implemented.
MIG will manage and lead our team in site research, feasibility, community engagement, urban design, landscape architecture, ecological planning, and permitting. We are joined by BKF Engineers (Civil engineering & Surveying), Fehr & Peers (Transportation), and Geocon (Geotechnical Engineering), who bring their familiarity with the City of Emeryville and deep expertise working on ATP, Streetscape, and Green Infrastructure projects.
Transformative work stems from a deep sense of investment in place, people, and purpose. MIG is hyperlocal: our Berkeley headquarters is located minutes away from the project area. We have a long professional history and deep roots in the East Bay, and many of our staff are local residents and participants in the community. We assembled this team for their collective competence and breath of relevant experience, as well as their personal sense of investment in the place and nature of work. Our project manager, Karthik Kumar, lives in Emeryville and commutes to work by bike across the length of the beautiful Emeryville Greenway (from Huchuin Park to the 9th Street Bikeway), with the occasional scenic detour to the Peninsula.
Cover Letter
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On behalf of the MIG Team, I thank you for your time and consideration in reviewing the accompanying proposal.
We look forward to this opportunity to collaborate with you and the City of Emeryville. Each team member is committed for the duration of the project and their current workload will not impact their availability to keep the project on schedule, quickly respond to project needs, and successfully complete this assignment. Should you have any questions regarding our proposal, please feel free to contact me at (510) 812-1486 or by email at [email protected], or Karthik Kumar at (415) 812-0855 or by email at [email protected].
Sincerely,
Mukul Malhotra
Principal-in-Charge
Dixieanne Avenue Green Street Plan, Sacramento, CA
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Team/Firm Qualifications Summary
A PEOPLE-FIRST PHILOSOPHY
MIG is a relentless voice for inclusive design. We
provide a voice for our clients and the communities
we work with through dialogue and an open design
process. As a diverse team with common goals, we have
created techniques and tactics that create inclusive,
exciting, layered results. This is our responsibility, as partners in design and as stewards of the communities
where we work. Our job is to spark the imagination of
our clients by asking how we raise the bar together.
How can we invest effectively in places for people of all ages, abilities, and cultures? How can we best imagine
and build places for people to gather, engage, and live healthy, happy lives? How can we create public places
that promote equity, inclusion, and social justice?
DIVERSE AND INTERDISCIPLINARY
Our design practice is diverse and interdisciplinary.
Each studio—urban design and landscape architecture,
architecture, civil engineering, exhibit design, graphic design, visitor experience, and visualization—is led
thoughtfully and intentionally by a collaborative leader and staffed by a diverse team. Our Play and Equity
studios provide an overlay of design expertise that
ensures innovative, forward-thinking approaches are
embedded in designs firmwide.
About MIG, Inc.
Moore Iacofano Goltsman, Inc. (MIG), improves, adapts,
and creates organizations, environments, and tools for
human development. We are a community of designers,
planners, engineers, scientists, and storytellers,
who engage people in creative problem-solving and
collective action. We believe that the physical and social environment around us have a profound impact on our
lives, and this belief shapes the principles that guide our work:
» Communities can plan their own futures.
» The world needs an ecological perspective.
» Great projects work for everybody.
» Elegant design inspires new thinking.
» All work should be context driven.
» Accessibility is always a given.
For nearly four decades, MIG has served public and
private clients of every size and jurisdiction—from cities, counties and special districts to regulatory agencies and developers—as a full-service planning and design firm.
MIG envisions a world where people are connected
through their experience of place—in cities, streets, and neighborhoods, and in places for play, learning, and
adventure. Ideas that we put forth years ago, linking
human experience and development to health and
well-being, are now in the mainstream design lexicon,
and our integration of play into all aspects of design
foreshadowed a national interest in engaging people of
all ages through play.
Using cutting-edge research in human development
and environmental psychology, we create vibrant,
healthy, engaging places that endure. Our designs
support our physical, intellectual, social, and emotional development, and they are created with operational,
economic, and ecological sustainability in mind.
The places we design provide verifiable benefits to
individuals, communities, and the environment. They
perform and thrive.
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Our design process grows from critical thought based
in technical expertise, with an eye toward enduring
function and beauty. Discovering a truly appropriate
solution requires us to apply previous experience and
knowledge, while viewing each endeavor as if it were
a completely new, uncharted part of the world. As we
design, we embrace the challenge of translating the
desires of our client and the community—within the
parameters of budgets, schedules, and goals—into
sustainable reality. The evidence of our success is in
how the spaces we design are used and cherished, and
in how well they serve their purpose over the years to
come. In the end, those who use the space must find joy and inspiration; they are the touchstones for our work.
One of the key challenges for 21st century communities
is accommodating multimodal transportation—including
pedestrians, bicycles, autos, public transit, rail,
and trucking—and seamlessly integrating their
infrastructure into surrounding environments. With built improvements in the public realm valued at over $2
billion, MIG’s Complete Streets approach is balanced
and context-sensitive, considering the functionality
of the mobility network while enhancing sense of
place and fostering social equity and environmental
sustainability. We are committed to making our cities
and streets more inclusive, accessible, and welcoming
for all. Our projects are pioneering in their aspirations and impact—from green stormwater infrastructure
systems delivering triple-bottom line performance
to ADA retrofits allowing all modes of travel to move
with dignity and safety, to art and aesthetic features
promoting social cohesion and interaction. We strive to go beyond simply providing plans, specifications, and
estimates to provide practical, yet transformative design solutions that contribute to community livability.
AREAS OF EXPERTISE
» Urban Design and Planning
» Complete and Green Streets
» Community Outreach and Involvement
» Landscape Architecture and Public Realm Design
» Stakeholder Facilitation and Consensus Building
» Arts and Culture Planning and Strategy
» Cultural Landscapes
» Universal Design and Accessibility
» Sustainability and Resiliency Planning
» Environmental Review and Permitting
» Mapping and GIS Analysis
» Strategic Communications and Graphic Design
» Grant Application and Funding Support
Our Subconsultants
BKF ENGINEERS
Since 1915, BKF Engineers (BKF) has earned a
reputation for its ability to successfully plan, design, survey, and implement complex projects. BKF is an
engineering and land surveying firm that has dedicated
its talents, time, and resources to supporting the needs and vision of communities in the western United States.
FEHR & PEERS
Fehr & Peers (F&P) is passionate about transforming
transportation consulting through innovation
and creativity. They are inspired by partnering
with communities to understand and shape local
transportation outcomes that are tailored to diverse
needs.
GEOCON
Geocon is a California Corporation established in
1971 in San Diego. They specialize in geotechnical
engineering services for public works and private-sector projects. Their broad field of clientele includes design professionals, public municipalities, state agencies,
private developers, and the construction industry.
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Project Understanding and Vision
The existing Powell Street streetscape, from West
Frontage Road to the Marina, is primarily automobileoriented, bringing fast-moving vehicular traffic off the Eastshore Freeway exit and from business and
commercial centers in Emeryville and Berkeley. While
the proximity and ease of vehicular access to the
Freeway may be a strong benefit for businesses and
residents, prioritizing human and environmental
health and multimodal circulation over speed will
not only be in line with the City’s Complete Streets
Policy and Active Transportation Plan (ATP), but it
will create a street for living—a place that uplifts our lives, and supports us in being physically, intellectually, emotionally, and spiritually healthy. Powell Street
can become an invitation to the City of Emeryville,
welcoming and accepting everyone, no matter your age,
no matter where you come from, or how able you are.
SAFETY AND COMFORT
Improving the experience for pedestrians and
bicyclists along the entire length of the street will be a key project goal. In its current form, Powell Street
incorporates some measures to support pedestrian
safety: the three sections of the roadway gradually
reduce speeds, from 30mph to 25pmh to 15mph; and
speed bumps, striping, and signage help slow traffic
further. But with limited visual cues and relatively
low traffic volumes, these measures are inadequate
to ensure safety at pedestrian crossings, driveways,
curves, and transitions in roadway width.
The existing Class II bike lanes in each direction,
receiving regional and local bike traffic coming in via Christie Ave and the Bay Trail, are also a concern. The bike lanes offer no buffer and no striping or safety
measures at intersections. The Class II bike lane
transitions to a Class III bikeway as the width of the
peninsula and road narrows at Davenport Park. The
transition is also a convergence of vehicular lanes, turn lanes, parking, driveways, and the meandering Bay Trail returning to the street’s edge. These conditions are not ideal for safety. Realizing a point of safe transition to a bikeway and slow street (like Doyle St, an excellent
precedent) while balancing the City’s desire to extend
the Class II bike lane further west (section B in the RFP) is an important part of our study in the Feasibility phase.
Pedestrian sidewalks are minimal if functional, and
buffered by on-street parking. Striped pedestrian
crosswalks with curb ramps (without detectable
warnings) exist at all crossings on Powell up to
Davenport Park, while signalization and push buttons
are limited to frontage and access roads. Despite
their minimal widths, strolling (or running) along the
bayfront, past open lawns and wind swept groves of
Monterey Cypress trees, is a very pleasurable activity.
As the asphalt Bay Trail (doubling as a sidewalk) veers away from the narrowing road as one travels west
past Davenport Park, the experience is all the more
immersive, sans traffic. Enhancing the pedestrian
‘strolling’ experience along the entire length of the
street is at the core the Greenway experience, which we believe will remain a defining feature for the project.
FUNDING AND IMPLEMENTATION
The MIG team supports the City's emphasis on
micromobility and creating livable, healthy Complete
Streets, and our Grants team will help the city realize funding for future phases and implementation of this
project. MIG has a successful track record of designing streetscape projects that are grant-competitive, and
meet funding requirements for further design and
construction.
Existing condition at Powell Street, with Class 2
bikelane, and Shared Bikeway
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Our team has worked with many cities and jurisdictions
to successfully submit grant application and materials
to obtain both Caltrans Local Assistance and Permits
(LAPM) and Caltrans Active Transportation Program
(ATP) grants, ranging from $1 to $25 Million dollars.
We know from experience that individual grants often
do not satisfy all the needs of a given project, and our team will be actively tracking grants and looking for
opportunities to stack multiple funding sources to meet this project's funding objectives.
EQUITABLE ACCESS
Powell Street west of I-80 is home to a wide range
of residents. The Watergate complex registers (ATP
2023) as one of the City’s communities that hosts
low-income residents. Likewise, the Marina community
is a very visible and character-defining presence in
the project area, with up to 6% of slip owners living
on board. Understanding the character of these
special neighborhoods, how they function, and their
parking and other needs may help inform design and
spatial considerations for the Greenway. Furthermore,
bringing safe, multimodal access to the project area will build stronger connections to the City’s business and
commercial core. Combined with the City’s ongoing
efforts to strengthen transit services to the Peninsula, as well as planned greenway improvements on the rest
of Powell Street west of I-80, this project can provide equitable mobility opportunities to residents and
workers in the project area.
MIG’s universal design approach will broaden the scope
of accessibility for Powell Street, creating a street that is usable by most people regardless of their level of ability or disability. When everyone is included; when design
reflects the diverse ideas, interests, and needs of the local community; we cultivate neighborhood pride,
ownership, and stewardship of the environment and of
each other.
Before anything else, we listen. We listen to feedback
from all users—leadership, doctors, and medical staff,
business owners, neighborhood residents, maintenance
and security staff, and patients of all ages. We begin to design and generate concepts only after the community
has first provided their ideas and concerns. It’s
important not only to listen to the words, but also to hear the meaning and emotion behind their feedback, so we
know when there are deeper concerns to be healed as
we move forward.
REST AND CONTEMPLATION
As soon as one crosses under the Freeway underpass,
the Emeryville Crescent, which stretches out to the
west of Powell Street, sets the tone of the project area.
The underpass is a ‘Gateway’ to a quieter Emeryville,
opening up to the sights and sounds of marshes
and mudflats, shorebirds and vivid sunsets. It is an
opportunity to slow down, take a deep breath, and let
the expansive view of the Bay wash over you. Walking
or biking to the Marina Park, one can find places to
stroll, rest, and contemplate, and take in the beauty,
calm, and expanse of the Bay.
Groves of Cypress Trees and Open expanses with
panoramic views along the Western edge
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Access to this peninsula is a precious resource for the City’s residents, a calm and scenic respite from the
density, vitality, and energy of urban life. This sense of respite is a character-defining feature of this section of the Greenway system.
RECREATION
Approaching from Oakland on the Bay Trail or from
neighborhoods via Christie Avenue, the Powell Street
Greenway is positioned to be a strong connector and
starting point to explore the 8.2-mile-long McLaughlin
Eastshore Park and the larger Bay Trail Network. The
Marina and Park are a favorite for kayakers and
wind surfers, and the fishing pier is a destination
for the City’s fishing enthusiasts and a great place
for a quiet stroll along the yachts and waterfront.
These recreational activities are core to the project
area experience, and their parking, access, and safety
considerations will be key players in our program
development.
PLACEMAKING
Our team is excited about the placemaking possibilities this project offers to both local residents and also
residents of Emeryville and neighboring cities. There are three strong opportunities that are immediately evident:
» Streets as Community Space: We interact with our
streets on a daily basis, and MIG’s holistic approach
views streets as social spaces, mirroring the City’s
ATP to create greenways that are a core part of
active and healthy communities, where life plays out
on streets and offers beautiful spaces for exercise,
gathering, and social interaction.
» Play for All: We applaud the City and the Watergate
community’s efforts in creating a place for play in
the Davenport Mini Park, one that resonates with
our team as an acknowledgement of the changing
demographics of the Watergate community. As a
firm that counts Play for All as one of its foundational philosophies, MIG believes this project is an
opportunity to design the Greenway to:
find opportunities for play and nature play along
the entire length of the project.
provide safe and equitable access to all residents,
from parents with strollers to children on trikes,
bikes, and rollers. And when the extension of
the Greenway beyond the Freeway underpass
is complete, this project will allow residents safe
access to the larger network of parks being built
by the City.
» An Immersive Park Experience. The Powell Street
Greenway has clear potential to be a park unto itself,
closely linked to the McLaughlin Eastshore Park and
the Bay. Surrounded by the sublime beauty of the
Bay, its ecology, microclimate, and panoramic views,
there is a strong sense of place that the MIG Team will capture and enhance.
Bay Trail with panoramic views of the Bay
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WELCOMING AND ICONIC GATEWAY
The City of Emeryville’s General Plan and Design
Guidelines envision a gateway at the intersection of
Powell Street and I-80. We acknowledge this vision
and see the underpass as an opportunity to mark
a transition. We also see this section of the Powell
Street Greenway as an icon in itself. The project
and its location hold the potential to create a highly
visible and imageable destination/icon for the City of
Emeryville—one that represents the City’s commitment
to and investment in safe and equitable transportation, its sustainability goals, and its placemaking efforts to create a green, beautiful, and livable city.
Cypress Groves and Picnic areas in Marina Park
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Alternative AnalysisComplete StreetsIntegrated Transit CenterBike/Ped ImprovementsSustainable RedevelopmentTransit FacilitiesLightingADA/PROWAGUtility InfrastructureStreet Furnishing/DesignGreen Stormwater/LIDWayfindingAdjacent Property CoordinationOutreachConstruction Documents Northgate Boulevard Redesign, Sacramento, CA 14th Street Promenade, San Diego, CA Yellow Brick Road, Richmond, CA Franklin Boulevard Complete Streets. San José, CA Broadway Streetscape, Los Angeles, CA Emeryville Streetscape Improvements. Emeryville, CA Tower of America Way, San Antonio, TX San Pablo Avenue Complete Streets Plan,
El Cerrito and Richmond, CA Coyote Point Recreation Area Eastern Promenade,
San Mateo, CA
Olympic Drive, Bainbridge Island, WA 21st Street, Paso Robles, CA
Market Street and Hemisfair Complete Streets,
San Antonio, TX
Pine Avenue Complete Street Plan, Long Beach, CA First Street Streetscape Plan, Long Beach, CA SR 75/Palm Avenue Complete Street, Imperial Beach, CA Downtown Complete Streets Mobility Plan, San Diego, CA SR 20/Market Street Complete Street, Colusa, CA Euclid and National Ave Master Plan, San Diego, CA Boyle Heights Streetscape Plan, Los Angeles, CA Urban Village Corridors Streetscape Plan, San José, CA SR 128/Grant Avenue Complete Street, Winters, CA Wyatt Way Reconstruction, Bainbridge Island, WA Winslow Way Street Complete Street,
Bainbridge Island, WA
SR 123/San Pablo Ave Complete Streets, El Cerrito, CA West Capitol Avenue Streetscape, West Sacramento, CA Bell Street Streetscape Design, Seattle, WA Dixieanne Avenue Green Street, Sacramento, CA Water Street Complete Street Plan, Mobile, AL Trinity Drive Complete Streets, Los Alamos, NM Dallas Complete Streets Design Manual, Dallas, TX Gilman Corridor Plan, Issaquah, WA Race Street Complete Street, Port Angeles, WA Our Experience
This table and the relevant projects showcased
on the following pages highlight the MIG Team’s
selected experience with planning, design, and
implementation for communities large and small
across North America.
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Northgate Boulevard Redesign
Location: Sacramento, CA | Client: City of Sacramento
Northgate Boulevard is about a 2.5-mile-long High Injury Network (HIN) street in Sacramento. Northgate Boulevard, between Del Paso Boulevard and Interstate 80. A large section of the corridor is along the American River. The uses along the corridor include a variety of restaurants, shops, schools, and parks with mostly single- and multifamily residential.
A newly formed business owners organization seeks to foster positive change along the corridor.
MIG worked closely with the City as well as local residents and businesses to analyze and devise solutions for the corridor; concurrently reflecting its distinct history, character, conditions, and culture. Working with a multidisciplinary team of urban designers, transportation planners, and engineers, MIG proposed multiple improvements including wider sidewalks, protected bike lanes, additional crosswalks, wayfinding, green infrastructure, and public. Traffic modelling helped inform the opportunity to reduce the number of lanes and repurpose excess ROW to improve pedestrian and bicycle facilities.
MIG designed and conducted a multilayered community engagement program that allowed residents, business owners, youth, and other stakeholders with varied opportunities to share their ideas, comments, and feedback about each corridor. The MIG Team “popped-up” at local gathering spots like the public library, markets, soccer games, and vaccine clinics to survey people with an ‘on-the-spot’ interview or a written questionnaire. MIG also conducted in-person and virtual workshops. MIG led walking tour workshops with small groups to obtain people’s thoughts as they experienced the streets. MIG also conducted interviews with corridor business owners to gain their insights regarding the impacts of corridor safety on economic development along the corridors.
Section Proposed along American River
Section Proposed Cross-Section
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» Like Powell Street, Northgate Blvd. has been
redesigned to accommodate multimodal
treatments including separated two-way
Class IV bikeway at sidewalk grade along
the American River section of the corridor.
» All sidewalk, transit, and bicycle
improvements incorporate the latest NACTO
and Caltrans best practices.
» A meaningful virtual and in-person
community and stakeholder engagement
included the diverse residential and business
community as well as key stakeholders such
as Caltrans and the Regional Transit Agency.
project relevance
Existing condition
Community mural art being implemented Existing condition Proposed wide sidewalks along separated class IV bike facilities DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 12 City of Emeryville | Powell Street Redesign
Yellow Brick Road
Location: Richmond, CA | Client: City of Richmond
From visioning to implementation, the MIG Team worked on the Yellow Brick Road streetscape improvement project.
The project area encompassed a network of local and arterial streets including 8th Street, 7th Street, and Pennsylvania Avenue that primarily front single and multifamily residential developments along schools, parks, and trails in the Iron Triangle Neighborhood in the City of Richmond. Working in a very constrained ROW, the project incorporated multimodal improvements including streetscape, wider tree-lined sidewalks, low stress bike facilities, green stormwater flow-through, and stormwater planters as well as wayfinding and art that celebrate the local region and community.
The MIG Team worked with the City of Richmond, Pogo Park, and the local community to ensure that the Iron Triangle community was awarded multiple county, regional, and State grants including the $6.2M Caltrans ATP construction grant for multimodal improvements and the $4.2M CNRA Urban Greening grant to incorporate landscape, green infrastructure, and wayfinding improvements. More recently, the community was awarded over $10M from the Community Resilience Center program for additional improvements. New improvements such as low stress bike facilities, traffic circles, and raised crosswalks were temporarily tested on the ground before they were permanently incorporated.
A multilingual engagement program at all key milestones of the project has ensured community buy-in and ownership as well as the creation of much-needed local jobs. MIG worked with City and local community partners to ensure that all community outreach was carried out by local residents and neighborhoods. All outreach members were trained as community facilitators and paid for their work. Community facilitators and outreach members included high school students, senior retirees, and neighborhood leaders. Each and every resident of 8th Street and adjoining streets were contacted. All materials were graphically illustrated. All community and stakeholder meetings were bilingual. All graphic materials and presentations were bilingual. Thirteen engagement forums included three walking tours, four open houses, and six ‘pop-up’ forums at key nodes of the neighborhood to ensure that community members were heard at times and places that worked for them.
A novel element of the implementation phase is to ensure that the planting and long-term maintenance of trees and stormwater planters is done by neighborhood residents, which will be administered through the Pogo Park Foundation.
This will ensure five full-time jobs for three years or more for local community members.
Community engagement Proposed concept
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» Like Powell St, Yellow Brick Road has been
redesigned to accommodate multimodal treatments
including wider sidewalks, low stress bike facilities,
wayfinding, and art all along the corridor. Streetscape improvements closely coordinated with concurrent
citywide stormdrain and PG&E improvements.
» The MIG Team helped the City receive over $10M in
design and implementation funds from a variety of
different funding sources. From concept development
to preferred project prioritization and phasing, the
MIG Team kept into account the key criteria to be
competitive with existing and new regional and
State grants.
» A meaningful bilingual community and stakeholder
engagement included the diverse residential
community as well as key stakeholders such as
Caltrans, EBMUD, PG&E, and AC Transit Agency.
project relevance
Proposed concept
Implementation of the redesigned street
Implementation of the redesigned street Temporary implementation of the redesigned street DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 14 City of Emeryville | Powell Street Redesign
Broadway Streetscape
Location: Los Angeles, CA | Client: City of Los Angeles Bureau of Engineering After more than 50 years of disinvestment, this once vibrant residential and commercial corridor in South Los Angeles had become blighted with vacant lots and crumbling infrastructure. Car-centric street design didn’t serve a community where residents use walking, biking, and transit to get around due to economics and need. The conditions led to traffic fatalities and detrimental impacts on public health, such as high rates of asthma. The transformed streets include protected and separated Class IV bike lanes, improved tree-lined sidewalks and crosswalks, stormwater planters, and a redesigned large median that will include park space, community gardens, art, and green infrastructure—over 450 trees will be planted! Phase I temporary improvements were successfully implemented in 2021. MIG is currently working on the final construction drawings to complete the permanent transformation with construction set to begin in December 2024.
Working with the City and multiple community partners, the multidisciplinary MIG Team established a shared community vision through a grassroots outreach campaign. This included reaching out to people in places that are part of their daily lives, such as childcare centers, churches, schools, and local grocery and liquor stores. Community partners included the local business improvement districts, walking and biking coalitions, homeowners’ associations, and surrounding local businesses. Over 260 community members participated in eight different forums that included design charrettes, open houses, farmers markets, turkey giveaways, and tree planting workshops. Finally, a “pop-up” demonstration lab allowed the community to experience their new street design in a temporarily transformed section of Broadway.
MIG worked with the City and local Council Members to successfully pursue over $46M multiple local and State grants including Caltrans ATP grant, CNRA Urban Greening Grant, Safe Clean Water Program, and $18M USDOT grant to implement short-term temporary Phase I and permanent Phase II streetscape improvements.
Community engagement
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» Like Powell St, Broadway has been redesigned to
accommodate multimodal treatments including
wider sidewalks, low stress Class IV separated
bike facilities on Broadway, separated bike
facility at grade with the sidewalk on Manchester
Ave, wayfinding, and art all along the corridor.
Streetscape improvements closely coordinated
with the City and County's concurrent sanitary
sewer and storm drain improvement projects.
» The MIG Team helped the City receive over
$46M in design and implementation funds
from a variety of different funding sources.
From concept development to preferred project
prioritization and phasing, the MIG Team kept
into account the key changing criteria to be
competitive of existing and new regional and
State grants. Broadway became the first ATP grant
project to actively fund landscape improvements
including trees and stormwater improvements to
address climate impacts severely impacting the
region.
» A meaningful bilingual in-person and virtual
community and stakeholder engagement
included the diverse residential and business
community.
project relevance
Proposed concept
Proposed concept
Temporary implementation of the redesigned street Community engagement DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 16 City of Emeryville | Powell Street Redesign
Emeryville Streetscape Improvements
Location: Emeryville, CA | Client: City of Emeryville
For more than 10 years, MIG has worked with the City of Emeryville and the Triangle Neighborhood community to develop neighborhood enhancements, streetscape improvements, and traffic calming initiatives, with an overall goal of safety and livability. These plans were developed through many MIG-facilitated community open house and design workshops in local parks and community gathering areas. MIG’s process successfully resulted in the adoption of the Preservation Action Strategy, which identified key actions, programs, and a long-range improvement plan to preserve and enhance neighborhood character and quality of life for residents.
Key improvements that have been implemented included improved sidewalks and crosswalks at the key intersections along San Pablo Ave that provide access to major Triangle Neighborhood streets. Context-sensitive solutions included enhanced sidewalk paving, raised crosswalks, and landscaped bulbouts and traffic circles, along with restriped on-street parking. Similarly, key improvements along Adeline Street included traffic calming, creating a friendly environment for pedestrians and bicycles by reducing four lanes to two and incorporating wider bike lanes. An extensive series of landscaped bulbouts were installed, a number of which incorporate context-sensitive vegetated swales for enhancing water quality and slowing stormwater runoff. As part of the process, temporary controls were installed to model and test the effectiveness of the plan. Upon completion of the prototyping period, MIG prepared final construction plans that were successfully implemented. Subsequent later improvements carried out by the City incorporated protected bike lane facilities along the street.
Community engagement
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» Like Powell St, improvements along San Pablo Avenue and Adeline Street have been redesigned to accommodate
multimodal treatments including wider sidewalks, green
infrastructure, and traffic calming.
» The improvements balanced the local and regional
needs of the streets. Traffic calming and revised parking opportunities address the needs of the local residents while continuing to serve the multimodal mobility responsibilities of the key arterial streets.
» A meaningful bilingual community and stakeholder
engagement program included the diverse Triangle
neighborhood residential community as well as key
stakeholders such as Caltrans, EBMUD, and AC Transit
Agency.
project relevance
Implementation of the redesigned street
Implementation of the redesigned street
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Tower of America Way
Location: San Antonio, TX | Client: City of San Antonio The Tower of America Way modifies the alignment of several major streets to accommodate relocation of the City’s internationally known convention center, including increased traffic on adjacent streets, as well as pedestrians, cyclists, and mass transit users. MIG worked with a team of engineers and architects to develop design concepts, and then take those concepts through to construction. The result is a vibrant, multimodal streetscape environment that dramatically improves pedestrian access through wider landscaped sidewalks, offers safety and comfort for bicyclists, provides flexible open spaces that allow public gatherings, and incentivizes private users fronting the street to better connect to and activate the street.
A key element of the design is to engage the connectivity under the I-35 Freeway at Commerce Street for all modes of travel, enhancing access to the historic, multimodal Sunset Station. Iconic art, pedestrian lighting, and landscape humanize the environment and create a distinct sense of place.
A diverse set of design solutions, including context-sensitive planting and irrigation design and integrated stormwater management techniques, create a sustainable and environmentally-friendly streetscape. Iconic art, gateways, wayfinding, signage, and programmable open spaces for community events and other cultural activities deliver a street that celebrates and strengthens the District’s distinctive character. A key project element was meeting the City’s compressed schedule. MIG worked closely with the City and the team to ensure street renovations could be completed in conjunction with the construction of the new convention center with minimal disruption to the adjacent business owners, hotels, SAWS facility, and the City’s intense schedule of festivals and events.
Implementation of the redesigned street with sidewalks along class IV separated bike facilities DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 19
» Like Powell St, Tower of America Way has
been redesigned to accommodate multimodal
treatments including separated two-way Class
IV bikeway at sidewalk grade along with green
infrastructure including stormwater planters that
improve the overall water quality before it drains
into the nearby San Antonio River.
» All sidewalk, transit, and bicycle improvements
incorporate the latest NACTO best practices.
» A meaningful community and stakeholder
engagement program included the diverse
residential and business community. In-person and
virtual bilingual engagement at all key milestones
of the project resulted in responses from over 300
residents and business owners.
project relevance
implementation of the redesigned street
Implementation of the redesigned street
Implementation of the redesigned street
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San Pablo Avenue Complete Streets Plan
Location: El Cerrito, CA and Richmond, CA | Client: City of El Cerrito, City of Richmond The MIG Team created the San Pablo Avenue Complete Streets Plan for the City of El Cerrito, which standardizes safety and streetscape standards along a major commercial thoroughfare, providing a unified look and feel along the corridor through wider sidewalks, protected bike facilities, and additional crosswalks. The Plan is a graphically rich, user-friendly living document for all future streetscape design decisions along the Avenue. MIG also prepared the Plan EIR.
Since adoption of the Plan, El Cerrito has successfully implemented many temporary and permanent complete street improvements, which in turn created development proposals and achieved most of the residential/commercial growth envisioned as part of the project. These improvements included wider tree-lined sidewalks with some green infrastructure stormwater planters at key locations, landscaped medians, new crosswalks with pedestrian refuges, and low stress bicycle facilities. Wayfinding and signage as well art by local artists have also been successfully implemented.
Key streetscape improvements distinguish each of the three Districts along the corridor with a unique identity and sense of place. Since its completion, the City has successfully secured multiple grants including Safe Routes to Transit, Urban Greening, and One Bay Area Grant, totalling more than $12M in implementation funds.
Proposed concept
Implementation of the redesigned street
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» Like Powell St, San Pablo Ave has been
redesigned to accommodate multimodal
treatments including wider tree-lined sidewalks,
low stress bike facilities including protected
bike lanes on both sides of San Pablo Ave as
well as separated two-way Class IV bikeways
at sidewalk grade along key cross-streets.
Streetscape improvements closely coordinated
with concurrent citywide combined sanitary sewer
and storm drain improvements.
» The MIG Team helped the City receive over
$12M in design and implementation funds from
a variety of different public (regional and State)
and private funding sources. From concept
development to preferred phasing, the MIG Team
considered the key criteria to be competitive for
existing regional and State public grants.
» A meaningful multilingual community and
stakeholder engagement program included
the diverse residential and business community.
As part of the SR 123 ROW, the project closely
coordinated with Caltrans with all key
improvements to incorporate NACTO and
Caltrans best practices.
project relevance
Implementation of the redesigned street
Temporary implementation of the redesigned street
Implementation of the redesigned street
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 22 City of Emeryville | Powell Street Redesign
Coyote Point Recreation Area Eastern Promenade
Location: San Mateo, CA | Client: County of San Mateo
The Eastern Promenade Project, part of the Coyote Point Recreation Area, has improved and expanded San Mateo’s only publicly accessible beach and updated adjacent facilities to activate and accommodate an anticipated increase in beach goers. MIG designed and developed construction documents for a new Eastern Promenade trail, with a new beach and seawall, restoration of sand dunes, a new parking area, and a new restroom building, as well as landscaping, native habitat plantings, fencing, and irrigation. Teaming with BKF, we provided biological surveys, CEQA compliance, permit management, restoration design, and interpretive trail signage. We also helped find grant opportunities to construct the improvements, such as the California State Coastal Conservancy and California Natural Resources Agency.
» Like Powell Street, the improvements
at Coyote Point provide a shared ped/
bike experience along the Bay, requiring
sensitivity to the coastal context, both
in terms of protecting ecology as well as
providing a place where people can feel
connected to nature.
» Through community and stakeholder
meetings, MIG developed design solutions
meeting the community’s desires as well as
BCDC and local code requirements.
project relevance
New Eastern Promenade at Coyote Point. Source: Climaterwc New Eastern Promenade at Coyote Point. Source: Climaterwc DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 23
Project Approach
» Capital Improvements Plan 2023-2028
» Powell Street Urban Design Plan, Apr 2011
» Climate Action Plan 2.0
Other Agency Documents:
» McLaughlin Eastshore State Park General Plan
» San Francisco Bay Area Water Trail Site Description
for Emeryville Marina
» Alameda County shoreline Vulnerability Assessment
Deliverables:
» Document review summary (PPT/PDF)
Task 1.2: Site Topographic Survey:
The MIG Team will prepare an aerial survey of the
project area documenting site topography, drainage,
utilities, tree canopy, the extent of pavement curbs
and hardscape, and site utilities. The extent and scope of the survey will be reviewed with the City prior to
proceeding.
A basemap will be created to serve as the base drawing
for documentation of the proposed 10% and 35%
Concept Designs as well as all exhibits prepared for
public review.
A preliminary analysis report will be prepared to identify observations about site conditions, elevations, and
features based on the survey.
The MIG Team will develop up to three preliminary
graphical street cross-sections of Powell Street to
illustrate typical and specific existing street conditions described under Task 3.
The MIG Team will also identify locations along the
length of the roadway that may require articulation due to their specific conditions, adjacencies, transitions, or program. These segments may include:
Eastern Segment:
» Condition at I-80/ Frontage Road: Study interface with ‘Gateway’ vision per Design Guidelines and General
Plan
The MIG Team’s approach is built upon the task
structure provided by the City, expanded and modified
where necessary to outline additional processes and
activities that will help capture the full scope of services and achieve the goals of this project.
Each task is identified with a task lead, provides an
estimated timeframe and identifies clear deliverables
and milestones. With each task, we envision a process
that engages the City and its agencies, stakeholders,
and the community to inform our research and
understanding, and to solicit feedback on design ideas
through all stages of the project process.
TASK 1: EXISTING CONDITIONS DOCUMENTATION
Task 1.1: Document Review
The MIG Team will begin research with a thorough
review of relevant documentation and studies prepared
by the City and agencies to:
» Understand the history and evolution of this
peninsula and its community, land use, and planned
development.
» Understand the City’s planned programs, identified
opportunities and constraints on mobility and access,
and aspirations for the project and the Peninsula.
» Align our efforts with the City’s programmatic goals
as we develop a vision and design ideas for the
Greenway.
» Demographic information, history, and cultural
understanding of the project area residents.
» Existing transportation/land use/economic landscape.
» Documented public perception of transportation
access and mobility options in the project area.
Document review includes (but is not limited to):
» General Plan and Specific Plans
» Design Guidelines
» Active Transportation Plan, Oct 2023
» City of Emeryville Complete Streets Policy
» Sustainable Transportation Plan, March 2012
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» Typical condition at West Frontage road to Access
Road
» Access Road to Captain Drive, including
neighborhood retail frontage
» Captain Drive to Anchor Road, including condition at
the Fire Station, Police Department, and Bus Stop
Middle Segment:
» Davenport Park Children’s Play Area
» Emery Cove Yacht Harbor and parking
» Hong Kong East Ocean Restaurant/Sport Finishing
Dock at Emeryville Marina
Western Segment:
» Condition(s) along Marina Park
» Condition at Fishing Pier and Roundabout
Deliverables:
» Site Survey (AutoCAD/PDF)
» Up to three (3) prototypical graphical existing street cross-sections with site observation notes and
photographs (PPT/PDF)
Task 1.3: Preliminary Geotechnical Analysis
The MIG Team will perform a Preliminary Geotechnical
Evaluation of the site to research subsurface conditions, identify geotechnical constraints that may impact
the proposed project improvements, and provide
preliminary conclusions and recommendations
regarding the project’s feasibility from a geotechnical engineering viewpoint. The evaluation will be a
“desktop study,” which will include the following
subtasks:
» Perform a geologic literature review to aid in
determining the geologic conditions at the site.
» Review the results of available geotechnical studies
for the site and nearby developments.
» Perform a detailed site reconnaissance to observe
existing conditions.
» Prepare a summary letter report presenting findings,
conclusions, and preliminary recommendations
related to geotechnical feasibility. Preliminary
evaluation will focus on pavement structural sections,
earthwork/grading, minor fill placement, and minor
structure foundations.
Deliverables:
» Summary of Geotechnical findings (Word/PDF)
» Geotechnical Report (Word/PDF)
Task 1.4: Traffic Study:
The MIG Team will gather data that will be useful for
pre- and post-project evaluation, such as (but not limited to) the following:
» Track auto volumes for residents and businesses
» Collect AM and PM weekday counts at up to two
signalized intersections, anticipated to be Access
Road/Powell Street and Frontage Road/Powell Street.
» Collect 48 hours of Average Daily Traffic (ADT) and
speed counts. This data will be useful to identify
needed safety improvements and make the case for
why this active transportation infrastructure is needed. » Develop two existing Synchro models (weekday AM
and PM synchro models) and provide summary tables
and one figure of intersection turning movements.
» Annotate an aerial markup showing the bicycle and
pedestrian collisions in the last five years of available data, identifying crosswalk safety needs and bicycle
intersection needs based on existing roadway
characteristics, observed infrastructure, and two-way
separated bikeway.
Deliverables:
» Summary of Traffic Analysis (PPT/Word/PDF)
Task 1.5: Technical Advisory Committee (TAC)
Meeting #1
To lay the groundwork for a strong contextual
understanding and community engagement, the MIG
Team, in consultation with City staff, will develop a
preliminary list of City staff, government agencies, and community stakeholders with a vested interest in, and/
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or influence and/or control over improvements in the
planning area. The MIG Team will work with the City to
identify interested agencies like Emery Go-Around staff; AC Transit; Caltrans; City Of Emeryville Police, Fire, and Parks Managers; East Bay Regional Parks; BCDC; and
other government agency stakeholders who have an
interest in the Powell Street Redesign; and invite them to serve on a Technical Advisory Committee, where they
will be consulted at three key project milestones:
» Feasibility and ideation Phase
» 10% Conceptual Design/ Approvals Phase
» 35% Conceptual Design
It is assumed that City staff will coordinate meetings
with the TAC.
Deliverables:
» A list of staff agencies for TAC formation
» Attendance and facilitation of TAC #1 meeting with up to two (2) MIG Team members
Task 1.6: Existing Conditions Memo
Based on the findings in Task 1.1 to Task 1.5, the MIG
Team will combine all the summaries to create an
existing conditions memo for City staff to review. This will include:
Submit Draft Existing Conditions Analysis memo
including the following:
» Summary of Document Analysis
» Summary Memo of the Topographic Survey
» Summary Memo of Geotechnical Analysis
» Summary Memo of Topographic Survey
» Identify and document TAC
» Visual Documentation to Supplement Existing
Conditions Memo: The MIG Team will photodocument the site to study existing conditions as a supplement to the topo survey and data gathering.
The Team will photograph the length of the study
area in a sequential manner to document access and
entries, paved surface conditions, the Bay frontage,
housing/commercial and Marina frontage, parks and
neighborhood retail, planting, visual corridors and
significant viewsheds, and other distinct features of
the Peninsula. Visual documentation will be used
to support material created for feasibility analysis,
community engagement, and the design process.2.6
Preliminary geotechnical report.
Appendix:
» Topographic Survey
» Traffic Study
» Preliminary Geotechnical Report.
Deliverables:
» Draft and Final Existing Conditions Memo (PPT/Word/
PDF)
TASK 2: FEASIBILITY STUDY
The goal of this task is to develop ideas and analyze
their pros and cons, for street improvements along the
length of the project. This study will be conducted using a combination of sketches, diagrams, photographs, and
plan/sectional study drawings.
Task 2.1: Vision and Program Goals
The MIG Team will work with City staff, stakeholders,
and the community to create a vision and (preliminary)
program goals for the Greenway to serve as a basis
for the development of design options. The MIGTeam
will compile this list in a Goals and Policy Framework
document that will include previously identified (and still relevant) vision(s), goals, design solutions, strategies, and implementation measures. These goals will help
shape the design project and meet community needs.
Deliverables:
» Vision and Goals for the project (PPT/PDF)
Task 2.2: Develop Design Criteria
MIG will work with the City to identify technical design criteria to form the Basis of Design for the feasibility study and subsequent design tasks. Design criteria may
include (but not be limited to):
» Applicable roadway and transportation design
guidelines and standards, such as identifying
standards for elements including lane widths, parking,
turn lanes, medians, and gutters.
» Bus lanes and bus stop design requirements
» Pedestrian facilities: sidewalks, curb ramps,
crosswalks
» Bicycle facilities: widths, striping, buffers, and
protection
» Traffic safety parameters
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» Landscape design standards and guidelines:
streetscape planting and irrigation standards, street
tree requirements, pavement materials palette
» Visual impacts to existing views and identification of existing viewsheds
» Constructability considerations including
geotechnical, civil engineering, and environmental
requirements
» Experiential Design Criteria
Deliverables:
» Basis of Design Memo (PPT/Word/PDF)
Task 2.3: Evaluate Design Concepts
Specific site conditions and variations along the length of the roadway, identified in the existing conditions
memo, will form a basis for the Team to study options
and understand how conditions and adjacencies can
affect a selected/ desired option.
Conditions identified will be studied using a
combination of existing street sections, supplemented
with draft plans, sketches, and photo-markups to:
» Identify up to three ideas/options in graphical
prototypical sections for improvements within each
corridor segment.
» List pros and cons (on the basis of design criteria
developed) for each option.
» Meet with City staff to review and identify preferred options for each segment to further develop in
subsequent tasks.
» Identify adaptability criteria that may be built into typical streetscape sections to accommodate
variations in space/program requirements within each
segment of the corridor.
» Develop a written memo of engineering pros and
cons for the options developed, studying impacts with
site elevations, grading, existing features, utilities, and stormwater management.
» Annotate a plan markup of the aerial survey,
summarizing key design inter
» Assess traffic inputs on cross-sectional conditions.
» Provide road diet analysis and modeling of signal
modifications for bike/ped safety at up to two
intersections. It will include a brief narrative write-up and tables summarizing the weekday AM and PM
traffic operations using Synchro. The scope assumes
the City will provide signal timings.
» An optional task would include lighting analysis and
modeling.
Deliverables:
» Documentation of Ideas/Options Development in a
presentation (PPT)
» Documentation of Pros and Cons Analysis (PPT)
» Comparison and ranking of options for feasibility and site suitability (PPT)
Task 2.4: Evaluate Costs
Prepare an initial high-level estimate of cost for
each option studied. MIG will develop a quantities
estimate and assumes the City will provide available
rates based on City standards or examples of similar/
recently completed streetscape projects in the City of
Emeryville.
Deliverables:
» Initial high-level cost estimate paired with each Option documented in the Feasibility presentation
Task 2.5: Create Feasibility Presentation
The MIG Team will assemble all the materials prepared
in Tasks 2.1 to Task 2.4 and present the findings
in PowerPoint format for easy understanding and
comparison for City staff to review.
Deliverables:
» Feasibility Presentation (PPT/PDF)
Task 2.6: Technical Advisory Committee (TAC)
Meeting #2
The MIG Team will meet with the TAC to review the
Feasibility Presentation and obtain feedback and
comments. Feedback will be incorporated into the Final
10% Conceptual Design Presentation.
Deliverables:
» Attendance and facilitation of TAC Meeting #2 with up to two (2) MIG Team members
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TASK 3: COMMUNITY PARTICIPATION AND
PUBLIC OUTREACH
Task 3.1: Develop a Public Outreach Strategy
The MIG Team will develop a detailed outreach strategy
and engagement plan that is anchored in culturally
competent community outreach practices and centered
around co-creation and transportation justice principles.
We will work in collaboration with City staff, Agency
stakeholders, and identified community partners to
define and implement the outreach and engagement
approach for the Powell Street Greenway Project Area.
This outreach strategy will also establish success and
target outreach metrics to monitor and evaluate the
outreach process.
MIG’s strength lies in our ability to meaningfully engage with the community in person as well as online. Our
efforts are customized to uniquely suit the needs and
conditions of each project. Our engagement processes
are location and design based, or incorporate surveys
that target feedback on specific amenities to elicit very useful and effective feedback.
Our engagement processes and materials strive
to understand community needs and desires. Our
community engagement professionals go to the
communities, attend community meetings, and find
opportunities to meet and interact with members in
environments that are comfortable and familiar to them.
As part of this task, we will create a project identity that brands the process for the community. The outreach
strategy will also enable language access and access
for people with disabilities throughout all elements of outreach. MIG has experience and in-house capacity,
if required, to lead a multilingual outreach process
with multilingual collateral materials to best address
identified communication needs within the community.
Deliverables
» Public Outreach Strategy (Word/PDF)
Task 3.2: Phase1: Community Stakeholder
Interviews
In coordination with the City, the MIG Team will conduct up to three stakeholder interviews with community
leaders, advocacy organization representatives, and
business groups to share the project overview and
solicit input about how to approach engagement,
outreach events, and communication with stakeholders
in the Project Area.
These interviews will inform, frame, and guide this
planning effort and its engagement strategies. The MIG
Team proposes to have up to three virtual community
leader interviews to inquire about fundamental concerns and to understand key constituencies.
The purpose of the interviews will be to listen,
understand, and gather feedback on their fundamental
concerns and needs around access, safety, and mobility.
After the interviews are completed, the MIG Team will
prepare a summary report of these interviews.
Stakeholders may include (but are not limited to):
» Local Business Owners/ Property Managers, Hotel/
Gas Station Operators
» Watergate neighborhood retail businesses and
Watergate community leaders/ property managers.
» Marina and Restaurant Managers,
» City staff, City Park Managers, Emery Go-Round staff, Police and Fire Department staff
Deliverables:
» Attendance and facilitation of up to three stakeholder interviews (virtual)
» Combined summary of stakeholder interviews (PDF/
PPT)
Task 3.3: Phase 1: Online Survey
The MIG Team will develop an online survey with the
Mapita platform, which will be used to support and
gather initial community feedback about transportation
needs and priorities from residents and workers in the
Project Area.
All data collection and analysis will be centered on racial equity and transportation justice, and will inform the
project tasks.
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Questions may include (but are not limited to):
» What are the greatest mobility obstacles and needs
within the Project Area?
» What issues should be prioritized to maximize
benefits to residents—such as safety, youth, elderly,
public spaces, etc.?
The MIG Team will also develop print versions of the
survey and QR codes that will be used for intercept
surveys in Task 3.4.
After the survey is closed, the MIG Team will develop a summary report in PowerPoint format, as a highly visual and concise document that is easily understood by the
community and accessible in a digital format.
Deliverables:
» Online survey (PDF/ PPT)
» Survey Summary Report (PPT/PDF)
Task 3.4: Intercept Survey
Using materials developed for the Online Survey, MIG
will conduct an intercept survey of passengers to
understand conditions and needs around existing transit facilities and transit service access and safety within the Project Area. This intercept survey will be carried out at two different bus stop locations and nearby.
We understand the Peninsula is currently serviced by
the Shellmound-Powell (SP) line of the Emery Go-Round
Shuttle. MIG staff will travel on the SP line shuttle to talk to passengers and drivers. MIG will utilize the online
survey prepared in Task 3.3 questionnaire to guide
passengers in their conversations.
Deliverables:
» Intercept survey at two (2) different locations
» Printed version of survey used in Task 3.3 (Prints)
» Intercept Survey Summary documenting findings in
presentation format (PPT)
Task 3.5: Pop-Up Events
In MIG’s Community Engagement experience, meeting
people in environments and at events familiar to them,
where they are comfortable has been an effective
platform to elicit useful and meaningful responses, more so than traditional community engagement workshops.
Working with City staff, the MIG Team will plan up to
two visits to key gathering spaces in the Project Area, such as the neighborhood retail area, Davenport Park,
and the Marina Park, to meet people where they already
spend time. Events will be planned, if feasible, to occur within the same day.
The MIG Team will develop materials that can be easily
used in a variety of outdoor and high-traffic areas, which may include posters or handouts to present a project
overview, discuss and solicit feedback on questions
centered around the community’s opportunities,
challenges, and needs around access, transportation,
mobility, and safety.
Feedback from the pop-up events will be gathered via
poster-sized maps and in-person survey questions.
Deliverables:
» In-person attendance and facilitation of up to two (2) Pop-up events
» Pop-up Event materials including posters and
handouts (Print/ PDF)
Task 3.6: Community Participation Summary
The MIG Team will prepare a Community Participation
summary in presentation format. Responses will be
documented and sorted according to location-specific
comments and prioritization, and quantifiable data will be summarized so that it is consistent with the feedback received from all forms of outreach events. This
document will be a combined summary for all outreach
efforts in Phase 1.
Deliverable:
» Combined community summary (PPT/PDF)
Task 3.7: City Staff Meetings
MIG will attend and facilitate up to three meetings for the following Committees:
» Bicycle and Pedestrian Advisory Committee
» Transportation Committee
» Planning Commission (if required by the City)
The MIG Team will discuss the community engagement
process, share a summary of the process, and obtain
feedback on the process and next steps.
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MIG will bring in in-house specialists and consultant
team members, as necessary, to supplement technical
expertise at each committee meeting.
Feedback from Committee and City staff meetings and
the community engagement will be incorporated into
the 10% Conceptual Plan.
Meetings will be scheduled by the City. Note: The
City Council presentation is assumed to occur at the
Approvals Phase. However, MIG will be available if City staff requires one at this stage of the process.
Deliverables:
» Agenda and meeting presentations (PDF/PPT)
» Attendance and facilitation of up to three (3)
Committee Meetings with up to two (2) MIG Team
members
» Meeting summary (PPT/PDF)
Task 3.8: Phase 2: Community Workshop/
Open House
The MIG Team will conduct a workshop/open house
during Phase 2 of the engagement process. The
purpose of this meeting is to present the 10% conceptual plan layout and hear community feedback on the design
ideas, strategies, program, goals, and actions included in the document. MIG will prepare all meeting agendas,
presentations, materials, and exercises.
The community workshop will be held at a convenient
location within the corridor to facilitate the participation of a representative cross-section of residents and
workers. The scope assumes City staff will send invites to the public and arrange a venue for the workshop.
The MIG Team will be available to answer questions
about the project and 10% plan layout. This will provide an opportunity for members of the community to
provide feedback on the draft elements including the
concept, goals, and program. MIG will prepare large
boards or posters that describe the 10% conceptual
plan, its character and features along the length of
the corridor, highlighting major changes from existing
conditions. MIG, in coordination with City staff, will
be responsible for developing the content, printing
materials, and facilitating the workshop/open house.
MIG will provide up to three staff for this workshop to facilitate, record comments, and assist with breakout
groups and logistics.
Deliverables:
» Open House Agenda (Word/PDF)
» Open House Presentation (PPT/PDF)
» Open House Materials (InDesign/Illustrator/PDF/Hard
Copies)
» Attend and facilitate workshop/open house with up to
three (3) MIG team members.
Task 3.9: Community Participation Summary
After the conclusion of the workshop/open house, MIG
will develop a summary of comments in a PowerPoint
format. The summary will allow for a highly visual and
concise document that is easily understood by the
community and accessible in a digital format. The
summary will include “major themes” heard from the
community, as well as all community comments.
The scope assumes the City will provide one set
of consolidated non-conflicting comments on each
summary.
Deliverables:
» Community Participation Summary Presentation (PPT)
TASK 4: CONCEPTUAL 10% DESIGN
Building upon the existing conditions study and
feasibility analysis with feedback from the community
outreach and engagement process, the MIG Team
will use an iterative process to identify and develop
a Preferred Conceptual Design for the Powell Street
Greenway. The Preferred Conceptual Design will
address issues and gaps identified in the previous
tasks and allow flexibility to accommodate spatial,
programmatic, and safety needs along the varying
segments and transitions within the corridor.
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The MIG Team will lead this process with support and
studies prepared by our consultant team.
Task 4.1: Conceptual Design Workshops
The MIG Team will develop a preliminary base plan and
roadway layout, based on the topographic survey and
identification and interpretation of existing features
memo prepared in an earlier phase. The base map,
site investigation, and feasibility analysis prepared in Task 2 will be used as a basis for informal workshops
or working sessions conducted with our team of
consultants and City staff to develop a Basis of Design for the Greenway.
» The MIG Team will prepare a plan markup and memo
to review site considerations including topography,
roadway grading and drainage, alignment, existing
and proposed utility alignments, and any preliminary
Ownership or Jurisdictional considerations.
» The MIG Team will develop a preliminary markup
and concepts for incorporating Green Infrastructure
features including a storm drainage strategy.
» The MIG Team will summarize key design
interventions needed on the corridor, with a focus on
intersection geometry and multimodal safety.
» The MIG Team will review ecological considerations
or impacts to Sensitive Habitat as well as preliminary
jurisdictional considerations that may affect roadway
design.
» With City staff, the MIG Team will review and refine
program ideas and direction around Pedestrian and
Bicycle user experience, viewshed considerations,
interpretation, and ideas around play, planting scale,
and massing,
The above markups and workshops, along with
Community and Stakeholder Feedback and Feasibility,
will collectively form the basis for development of the 10% conceptual design documentation.
Deliverables:
» Summary of design ideas and refinements to 10%
conceptual design (PPT/PDF)
Task 4.2: 10% Conceptual Design Documentation
» MIG will prepare three proposed prototypical
cross-sections to describe the Greenway, along with
site-specific variations where necessary.
» Based on traffic analysis and site conditions
review, MIG will prepare a schematic layout for the
streetscape in AutoCAD. Drawings will include travel
lane alignments, two-way bike lanes on the North side
of the street, and sidewalk changes.
» The MIG Team will meet with the City to review
the preliminary schematic plan layout. The
scope assumes the City will provide one set of
non-conflicting comments to MIG.
» MIG will incorporate the comments received into the
schematic layout. MIG will develop basic graphical
renderings of the plan layout in CAD to make it
easier for stakeholders to understand the proposed
improvements.
» The MIG Team will choose up to three locations to
develop photo simulations that will illustrate the
proposed changes. These photo simulations will
include the newly configured travel lanes, two-way
bike lanes, sidewalk improvements, and planting. The
pedestrian amenities used in the photo simulation will
be selected based on the suggestions.
» The MIG Team will meet with the City to review
the draft conceptual plan layout , and and photo
simulations. The scope assumes the City will provide
one set of non-conflicting comments to MIG.
» Supplemental Precedent Imagery from relevant
project precedents will be gathered to support and
represent initial ideas on scale, character program,
materiality, and any special features of the Greenway
experience.
» MIG will prepare a design package including the
plan, prototypical sections, photosimulations and
precedent imagery to present the 10% Conceptual
Design to the community and stakeholders at
meetings and community events as described under
Task 3.
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Deliverables:
» Draft 10% Conceptual Design Powerpoint
Presentation for ease of review and distribution (PPT)
Task 4.3: Technical Advisory Committee (TAC)
Meeting #3
The MIG Team will meet with the TAC to review the 10%
Conceptual Design Draft to discuss and obtain feedback
and comments. Feedback will be incorporated into the
Final 10% Comceptual Design Presentation.
Deliverables:
» Attendance and facilitation of TAC Meeting #3 with up to two (2) MIG Team members.
Task 4.4: Final 10% Conceptual Design
Feedback from the TAC, City staff, and Phase 1
community engagement will be incorporated into
the Final 10% conceptual Design, along with edits or
markups to the support graphics, as appropriate to
capture comments.
Based on the topographic survey, the final 10% Design
deliverables will be prepared as Roll Plots plans (Roll plots are plans printed on standard 36” roll plot as
a single large sheet, instead of multiple sheets. Roll
plots are a recommended standard for projects more
than 2,500ft in station length).Plans will be drawn at
1:100 scale, with existing and proposed features clearly notated and identified with legends. Plans will cover the full extent of the roadway. Plans will include:
» General roadway geometry including - extents
and edges of vehicular space, extents of planting
and pavement areas, sidewalks, and dimensioned
roadway features
» Roadway striping plan and safety features
» Landscape Plan describing sidewalks, planting areas
extents, trees, site furnishings
» Civil Utility Plan, describing existing and proposed
utilities, stormwater, and drainage
» Street cross-sections to supplement Plans 1 through 4 » Photo-montages (up to 3)
Deliverables:
» Final 10% Conceptual Design (PDF)
TASK 5: PRELIMINARY COST ESTIMATE
The MIG Team has developed a composite cost
methodology used successfully on projects nationwide
to provide a reasonable estimate of capital costs at
a high-level of analysis. This methodology includes
engineering and design assumptions complementary
to developed, urban environments, such as the Powell
Street Greenway, to account for costs of items requiring further design and engineering typically not covered
within a conceptual design scope.
This methodology provides a higher level of accuracy
and confidence in early-level estimates while reducing
risk for the City of Emeryville.
Task 5.1: Draft 10% Cost Estimate
Baseline costs are established using regional data from projects either under construction or built, including the City of Emeryville and other adjacent Bay Area Cities
and Agencies.
Our consultants will support MIG cost estimation
efforts with specific technical expertise and their recent experience working on multimodal projects in the Bay
Area and specifically in the City of Emeryville.
» The MIG Team will provide specific input on
transportation-related safety infrastructure, such as
crosswalk enhancements.
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» The MIG Team will provide specific feedback on
ground improvement work related to the roadway
and improvements to the roadway section.
» The MIG Team will provide expertise on costs
associated with the roadway construction and
specifically with green infrastructure including
stormwater management, existing utilities
adjustments (elevations/ alignment), and new utilities. » The MIG Team’s environmental consultants will review
scope with the City to develop a high-level estimate
of costs and impacts associated with anticipated
mitigation (to adjacent marsh and wetland habitat,
rock revetments) and agency permitting required
as part of the roadway improvements. The general
assumption is the Greenway project will attempt
to avoid any work within the adjacent wetland,
habitat areas, or in-water work, to minimize cost and
schedule complexity associated with permitting and
constructability. The project may require mitigation
work to address Sea Level Rise. At this time, the
extent and scope of this work associated with this
project and necessary agency coordination is not
known. MIG will assume that if mitigation work is
found to be necessary, the work and schedule will be
reviewed with the City to appropriately update the
scope.
After review with the City and stakeholders, updates to this methodology can be made quickly and efficiently
to reflect the needs of the Project Area by providing a more holistic cost estimate at an early stage of design.
Deliverables:
» 10% Draft Cost Estimate (XLS/ PDF), including cost
assumptions
» Meeting with City staff to review initial estimate
Taks 5.2: Final 10% Cost Estimate
Based on feedback received from City staff and
reviewers, the MIG Team will incorporate edits to the
Draft estimate to create the final 10% Cost Estimate.
The 10% Final Cost Estimate will include:
» Updated spreadsheet for three segments of the
roadway. The City’s comments will be incorporated
into this final estimate.
» List of cost assumptions
» Cost contingencies
» Alternatives required/ recommended
Deliverables:
» 10% Final Cost Estimate ( XLS/ PDF)
TASK 6: APPROVALS
On completion of the 10% conceptual plan and
preliminary cost estimate, MIG will coordinate with City staff to attend meetings with the City’s Committees,
Planning Commission, and City Council.
The MIG Team will prepare one presentation package,
drawn from materials prepared under previous tasks,
including the following information:
» Brief summary of findings from Existing Conditions
Study and Feasibility Analysis
» Summary of Community Outreach efforts and inputs
received
» 10% Conceptual Design Plans and support graphics
» Preliminary Cost Estimate
» Highlighting specific project features relevant to each committee
The MIG Team will attendone meeting with City staff
to review the above materials and discuss and prepare
agendas for the three meetings. Meetings will be
scheduled by the City.
The MIG Team will attend up to three meetings and
prepare tailored slideshow presentations to present to
the following Committees:
» Bicycle and Pedestrian Advisory Committee
» Transportation Committee
» Planning Commission
The MIG Team will bring in-house specialists and
consultant team members, as necessary, to supplement
technical expertise at each committee.
MIG assumes the City shall obtain written approval
with conditions, if any, from each Committee and the
Planning Commission.
Feedback and conditions received at the Committee
meetings will be reviewed and documented, and one
round of minor revisions to the presentation will be
incorporated prior to presenting to the City Council.
Community (online and in-person) meeting requirements
under this task are described under Community
Engagement and Outreach Task 3.
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The MIG Team will attend one presentation meeting to
support the Public Works presentation of the project to the City Council.
City Council comments and any conditions to approval
will be documented by MIG and City staff to be
incorporated into the next task.
Deliverables:
» Presentation for Committee and Planning Commission
meetings (PPT)
» Updated Presentation for City Council Meeting (PPT)
TASK 7: PROJECT FUNDING OUTLOOK AND GRANT
FUNDING
MIG’s grant writing and grant management experience
includes tracking funding opportunities (local, State,
and federal); writing proposal narratives; assembling
application packages; developing cost proposals
for project budgets; and reviewing specific areas
of proposals to make sure they will score well in
competitive application processes. We know from
experience that many individual grants do not satisfy
all the needs of a given project, so where possible,
we look for opportunities to stack multiple funding
sources to meet our clients’ project objectives.
Based on our past experience, the MIG Team has a
running list of potential county, State and federal grants.
As part of this project, MIG will continue to update and maintain a list of grant sources that the project will be eligible for. In order to be grant competitive, MIG will keep the evaluation criteria for these grants in mind
while finalizing the overall engagement process as well as the creation of different improvements.
MIG has a successful track record of designing
projects so they are grant competitive to meet funding
requirements for further design and construction.
As an example, working with the City of Los Angeles
and a local Council Members’ office, MIG helped get
over $25M in a Caltrans ATP grant for the Broadway
Streetscape Improvements project and a $1.8M Urban
Greening grant to implement different streetscape
improvements that were envisioned in the streetscape
masterplan that MIG created with the South Los Angeles
community over a period of two years.
MIG staff will support up to three Grant Applications
(First Draft For Review & Final Version) and compiled
application materials. The three Grant Applications are assumed to be prepared concurrently.
MIG will support the City in responding to
post-application requests for information. MIG will share all compiled reporting materials with the Grant Agency
via their preferred file- sharing system (Google Drive, USB, email, etc.).
Deliverables:
» Funding Opportunities Inventory of active grants and
their respective reporting requirements (PDF)
» Grant Support including grant research, writing, and
tailoring graphics created as part of previous tasks to meet grant application needs (Up to 60 hours of staff
time)
TASK 8: CONCEPTUAL 35% DESIGN
Based on approvals and direction received from City
Council and City staff under Task 6, MIG will prepare
documentation for the 35% Conceptual Design
Submittal to describe the scope of work for the project.
The submittal will build upon the information developed in the 10% Conceptual design deliverable. It will include preliminary geometric approval plans and sections and
outline technical specifications, technical memos, and
markup plans.
The MIG Team has a successful record of developing
product documentation that meets/ exceeds
requirements to qualify for local, State, and federal
funding. The 35% Design Documentation will closely
follow the grant funding effort described in Task 7,
and drawings and deliverables will be tailored to
meet identified grant application documentation.
Documentation will adequately describe the scope
of work for all reviewers, including City and Public
agencies, and for pricing.
Task 8.1: Draft 35% Design
MIG will develop the concept design equivalent of a
draft 35% design submittal for the City’s review. We
recommend following the Roll Plot drawing format,
building upon the 10% conceptual design Deliverable,
supported by written memos and technical markups.
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Drawings will be prepared using the CAD topographic
survey as a base drawing, drawn at 1:100 scale, with
existing and proposed features clearly notated and
identified with legends.
Plans will cover the full extent of the roadway within the project boundary. Plans will include:
» Existing Conditions Plan, showing existing aerial
survey. Note significant site features, existing
roadway and sidewalks, trees, and structure. Provide
Limit of Work line
» Roadway alignment, extents and edges of vehicular
way, extents of planting and pavement areas,
medians, curb locations sidewalks, and dimensioned
roadway features
» Preliminary roadway grading and drainage, including
location of storm drainage infrastructure and green
infrastructure elements
» Civil Utility plan, describing existing and proposed
utilities and utility relocations where necessary
» Roadway striping plan including vehicular lane
striping, bikelane striping, pedestrian crossings,
signage and signalization (locations only), and other
traffic calming measures.
» Pedestrian streetscape design including sidewalk
dimensions and alignment material, color, and finish
information for pedestrian paving areas, as well as the dimensioned location of site furnishings (e.g., seating, tree grates, bus shelters, planters).
» Tree planting plan showing existing and proposed
street tree planting, planting areas, plant palette,
preliminary irrigation system POC, and mainline.
» Up to four street profile cross-sections to supplement plan information described above.
MIG will submit the Draft 35% design submittal as one
full-size set of drawings in PDF format, along with the supplemental information described above in PDF
format.
Supplemental exhibits (organized per grant
requirements) will include materials from previous
tasks refined for this submittal, including: Community
Engagement presentation and community participation
memo, technical memorandums on existing site
conditions, and the utilities and geotechnical report.
The MIG Team will participate in one online page-turn
review of the Draft 35% Design during the regular
bi-monthly meeting scheduled for the project. The
City will provide MIG with one set of non-conflicting
comments for incorporation into the Final 35% Design.
It is also anticipated any redlined drawings will
represent consolidated comments from the City and
will be available at that meeting. MIG will incorporate comments as part of the Final 35% Design submittal.
Deliverables:
» Draft 35% Design Documentation (PDF)
» Supplemental exhibits per grant requirements (PDF)
» 1 page-turn meeting
Task 8.2: Final 35% Design
Based on comments received in the page-turn review
meeting with City staff, MIG will prepare the Final 35% Design documentation.
The submittal will be coordinated with grant
requirements to modify drawings and exhibits as
required, prior to final submittal.
Deliverables:
» Final 35% Design Documentation (PDF)
» Supplemental exhibits per grant requirements (PDF)
Task 8.3: Technical Advisory Committee (TAC)
Meeting #4
The MIG Team will meet with the TAC to present the
Final 35% Design submittal to discuss and obtain
feedback and comments. Feedback received will be
incorporated into the Final 35% Design submittal or the next phase.
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Deliverable:
» Attendance and facilitation of TAC Meeting #3
(virtual), with up to two (2) MIG Team members
TASK 9: ENVIRONMENTAL/PERMITTING
ASSESSMENT
Task 9.1: CEQA/NEPA Investigation
MIG will investigate whether the project could be
approved with a CEQA Categorical Exemption (Cat Ex)
under Section 15301(c) Existing Facilities of the CEQA
Guidelines and a NEPA Categorical Exclusion (CE). If it is determined that the project could potentially qualify for a CEQA Cat Ex under Section 15301(C), we would then
determine whether the project would trigger any of the
exceptions to the use of a Cat Ex, as specified in Section 15300.2 of the CEQA Guidelines. If any of the exception criteria would be applicable, then the project would
not qualify for a CE. Similarly, MIG would review the
proposed project for conformance with the qualifying
criteria for a NEPA CE.
Assuming the project was not found to be eligible to
use a Cat Ex or CE to provide the necessary CEQA and
NEPA clearances, MIG would review the applicable
provisions of the CEQA Guidelines for preparation of
an Initial Study/Negative Declaration (IS/ND) or Initial Study/Mitigated Negative Declaration (IS/MND), and
verify that one of these two types of documents would
be required. For NEPA clearance, we would review
the requirements for preparation of an Environmental
Assessment/Finding of No Significant Impact (ES/
FONSI) for applicability.
We propose to prepare a technical memorandum for the
City’s review that documents our research and findings, based on the project plans provided and our knowledge
of the CEQA Guidelines, presenting clear findings of the project’s eligibility for either a CEQA Cat Ex or an Initial Study/ND/MND, or for a NEPA CE or ES/FONSI. The
memorandum would include our recommendations for
selection of the appropriate documents.
Permitting Review
In addition to CEQA and NEPA requirements for the
project, the memorandum will include an assessment
of any permits required for the project by State and
local agencies. The street improvements are within the
jurisdiction of the Bay Conservation and Development
Commission, but we will determine if they are exempt
from a permit. Other agencies of concern include
Caltrans, regulatory agencies (Regional Water Quality
Control Board, U.S. Fish and Wildlife Service, NOAA
National Marine Fisheries Service), East Bay Regional
Parks/State Parks, and the City of Emeryville.
MIG will rely on the existing conditions memorandum
and the conceptual 10% design to:
» Identify the permits that would be required
» Describe the application procedures
» Provide a table summarizing the permit application
timing and process times
» List potential mitigation requirements; and
» Summarize a permit strategy.
Our research will include contacting the agencies for
guidance on their regulations when needed. MIG is
experienced in obtaining permits from these agencies
and can assist with the Future Environmental Phase as
described in the RFP.
Deliverables:
» Technical Memorandum on the appropriate CEQA/
NEPA process, permits required, and permit timing/
strategy (PDF/ PPT)
TASK 10 PROJECT INITIATION AND PROJECT
MANAGEMENT
Task 10.1: Project Initiation Meeting
The MIG Team will meet with City staff for a Project
Initiation Meeting to refine the work program,
schedule, and deliverables, and to confirm overall
project objectives and structure for the planning and
design process. This meeting will include a review and
discussion with City staff to confirm direction on the
following topics:
» Team members and team structure, role, and
responsibilities
» Point of contact for the duration of the project for the City to reach for all Project Management, Planning,
and Design needs
» Vision and goals of this phase of the project
» Project boundaries and extent of project scope of
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work
» Project Approach and Task Structure
» City and Agency Stakeholder Identification and
engagement process
» Community Stakeholder Identification and
engagement process
» Draft Project Schedule review that outlines our
proposed approach and phasing. A draft schedule is
included in this proposal for the City’s review.
» City and Technical Committee Review at each phase
of project
» The QA/QC process
Deliverables:
» Meeting Agenda (Word/PDF)
» Project Initiation meeting with up to three (3) MIG
Team members
» Meeting Summary (Word/PDF)
Task 10.2: Project Management Meetings
The MIG Team’s Project Manager will coordinate with
the City’s designated Project Manager throughout the
duration of the project, estimated at 6 months. This task includes ongoing project management, coordination
calls and emails, 12 bi-monthly conference calls, team
meetings (virtual), and other project-related meetings.
The MIG Team will participate in monthly meetings
(virtually) with the City’s Project Manager. These
meetings will be planned on alternate weeks, so the
MIG Team has the opportunity to check-in with the City
twice a month for the project.
Deliverables:
» Meeting Agenda (Word/PDF)
» 12 Bi-Monthly Conference calls. Up to two (2) MIG
Team members.
» Meeting Summary (Word/PDF)
Task 10.3: Monthly Progress Reports and Invoices
The MIG Team will provide the City with monthly
progress reports and invoices in the form of a memo,
which include the status of milestone products, the
project budget, and the overall schedule.
Deliverables:
» Monthly Progress Reports and Invoices via email to
the City’s Project Manager (PDF)
ADDITIONAL TASKS: SCOPE SURVEY AND TESTING
After review of the proposal and the Task 1 Existing
Conditions Analysis Scope with the City, MIG can
provide the following Survey and Testing Tasks not
included in the base scope of the Planning Phase. A
summary description of scopes are provided below.
Upon the City’s request, MIG will submit an Additional
Service describing scope and fee for these additional
tasks.
1. Boundary Survey: As an additional service, BKF
engineers will provide a Boundary Survey to delineate
the right-of-way boundary. A field survey team will
locate City Monuments in the corridor. Based on
these control points, offsets to the right-of-way will be plotted using existing record maps from County or City
repositories. The team will provide a right-of-way exhibit that can be overlain onto the aerial topography base
plan. This approach ensures a precise delineation of the right-of- way, based on established physical landmarks
and control points.
2. Additional Geotechnical Investigation: This task
will consist of a design-level geotechnical investigation to be performed during or after completion of the
35% design submittal. The investigation will include
pavement coring, subsurface investigation (drilling and sampling), geotechnical laboratory testing, engineering analysis, and report preparation. Specific scope for the geotechnical investigation will be prepared, once the
project details and significant elements are known.
3. Arborist Tree Survey Report: An ISA Certified
Arborist will review the health of mature trees within the project boundary, identify heritage trees and other trees that deem preservation, and prepare recommendations
for tree protection where needed.
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Project Management
Principal-in-Charge/Urban Designer Mukul Malhotra
is an award-winning urban designer and nationallyrecognized expert and innovator in urban planning and streetscape design. As one of the creators of MIG’s
re:Streets Initiative, Mukul leads a multidisciplinary
Street Design Studio on exploring what America’s
roadways would be like if they were designed for living instead of just driving. Mukul will provide overall project oversight and quality control, ensuring that adequate
resources are made available to the project and all
contractual requirements are met.
Project Manager/Landscape Architect/Urban Designer
Karthik Kumar, PLA, will be the day-to-day contact for
this project responsible for the direction of the team.
His approach allows him to collaborate effectively
across disciplines, and understand context, people, and programs to engage meaningfully and effect lasting
solutions. He balances leadership and management
responsibilities with design, technical oversight, and
mentoring roles to help realize notable projects.
Consulting Principal/Landscape Architect Amy Mitchell,
PLA, CPSI, is a versatile landscape architect whose
work can be found in a range of settings from parks and specialized children’s environments to schools, streets, and trails around the country.
Technical Support
» Rishi Dhody Senior Urban Designer (MIG)
» Shikha Merchant, Urban Design Associate/
Community Engagement (MIG)
» Nathaniel Riedy, PE, Senior Civil Engineer (MIG)
» MIke Campbell, AICP, Environmental Analysis (MIG)
» Christina Lau, Environmental Analysis (MIG)
» Tucker McPhaul, Community Engagement/
Landscape Design (MIG)
» Mike Witt, PE, Civil Engineer (BKF)
» Carrie Modi, AICP, Senior Urban Planner (F&P)
» Susie Hufstader, Senior Transportation Planner (F&P)
» Shane Rodacker, GE, PE, Senior Geotechnical
Engineer (Geocon)
The Project Team
MIG is proud to present an experienced and highly
qualified team to provide design and planning services for the Powell Street Redesign project. Our team members
have been selected for their strong expertise in their
fields of work as well as for their passion for this project.
We believe that the environment
around us has a profound impact
on our lives. We plan, design,
and sustain organizations and
environments that support
human development.
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 38 City of Emeryville | Powell Street Redesign
Mukul Malhotra, Principal-in-Charge
Karthik Kumar, Project Manager
Amy Mitchell, Consulting Principal
PROJECT MANAGEMENT
URBAN DESIGN
AND PLANNING
Mukul Malhotra
Rishi Dhody
Shikha Merchant
Tucker McPhaul
Carrie Modi
COMMUNITY
ENGAGEMENT
Mukul Malhotra
Karthik Kumar
Shikha Merchant
Tucker McPhaul
CIVIL/GEOTECHNICAL
ENGINEERING
Nathaniel Riedy
Mike Witt
Shane Rodacker
LANDSCAPE
ARCHITECTURE
Amy MItchell
Karthik Kumar
Tucker McPhaul
TRANSPORTATION
PLANNING
Carrie Modi
Susie Hufstader
Mukul Malhotra
FIRM DESIGNATION:
MIG
BKF
F&P
Geocon
Organizational Chart
ENVIRONMENTAL
PLANNING
Mike Campbell
Christina Lau
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 39
Mukul Malhotra is an award-winning urban designer and nationally recognized expert and innovator in urban planning and streetscape design. Originally an architect, Mukul gravitated toward planning and urban design because it yields greater impact beyond just the physical environment. He is committed to not only advancing the communities he works in around the country, but also to moving the dial up a notch on the profession itself. As one of the creators of MIG’s re:Streets Initiative, Mukul leads a multidisciplinary Street Design Studio on exploring what America’s roadways would be like if they were designed for living instead of just driving. His projects have addressed issues related to urban development and revitalization, streetscape design and planning, pedestrian- and transit-oriented design, and preservation of neighborhood and city character.
From well-established single-family neighborhoods and historic districts to new communities, Mukul’s creativity and interdisciplinary approach have given shape and form to countless places and spaces from Texas to Massachusetts and California to North Carolina.
SELECTED PROJECT EXPERIENCE
» Northgate Boulevard Redesign, Sacramento, CA
» 14th Street Promenade, San Diego, CA
» Yellow Brick Road, Richmond, CA
» Franklin Boulevard Complete Streets, San José CA
» Broadway Streetscape, Los Angeles, CA
» Adeline Street Complete Street Plan, Emeryville, CA
» Tower of America Way, San Antonio, TX
» San Pablo Avenue Complete Streets, El Cerrito and Richmond, CA » Coyote Point Recreation Area Eastern Promenade, San Mateo, CA » San Antonio Market Street, San Antonio, TX
» Resilient Plans for Gulfton and Kashmere Gardens, Houston, TX » San Antonio Downtown Hemisfair Complete Streets, San Antonio, TX » re:Streets Initiative and Traveling Workshops, Various Cities, United States
» Palm Avenue Streetscape Plan, Imperial Beach, CA
» R Street Urban Design and Development Plan, Sacramento, CA » Los Angeles Great Streets Corridors Urban Design, Outreach and Environmental Analysis Services, Los Angeles, CA
» Downtown Long Beach Streets, Transit Mall, and Pine Avenue Improvements, Long Beach, CA
EDUCATION
» Master of Urban Design,
University of California,
Berkeley
» BArch, Sushant School
of Art and Architecture,
Gurgaon, India
SELECTED AWARDS/
PUBLICATIONS
» 2019 IDA Pinnacle Award,
San Antonio
Comprehensive Plan and
Sub-Area Planning
» “Streets Reconsidered:
Inclusive Design for the
Public Realm”, 2018
» 2017 APWA Texas Chapter
Public Works Project of
the Year, Hemisfair Interior
Area Streets (East Nueva &
Water)
» 2014 IDA Achievement
Award, re:Streets Planning
Initiative
» 2011 Best Projects
California, McGraw-Hill/
ENR Merit Award Winner,
Long Beach Transit Mall
Streetscape Improvements
Mukul Malhotra
PRINCIPAL-IN-CHARGE / URBAN DESIGNER
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 40 City of Emeryville | Powell Street Redesign
Karthik Kumar is a Landscape and Urban Design Professional with over 17 years of experience working on a diverse range of projects in Landscape, Urban Design, and Landscape Planning. His multidisciplinary, contextual approach allows him to engage meaningfully with clients and communities to provide thoughtful, contextspecific ideas and solutions to projects. He leads and collaborates effectively on projects with complex design, permit and construction requirements.
Karthik’s deep understanding and love for the Bay Area’s ecology, history, and urban environment began when he started working on the Doyle Drive project with Michael Painter’s office in 2008. Over the past 14 years, he has worked on a number of projects in the Bay Area, including streetscapes, bike and pedestrian improvements, and shuttle transit stops and improvements. He has provided design and technical oversight on projects with Bay’s edge construction complexity, wetlands, BCDC Permit process, and addressing Sea Level Rise Mitigation requirements.
An avid biker and Emeryville resident, Karthik commutes to work on the Emeryville Greenway (from Huchiun Park to 9th). He enthusiastically supports the City’s vision for safe and enhanced micromobility throughout the City, and on this project.
SELECTED PROJECT EXPERIENCE
» San Pablo Avenue Complete Streets, El Cerrito and Richmond, CA » King Road Complete Street Plan, San José CA
» Broadway Streetscape, Los Angeles, CA
» Downtown Complete Streets, San Antonio, TX
» Heritage Park and Streetscape, Fort Worth, TX
» India Basin Mixed Use Development, Park, and Streetscape, San Francisco CA* » Eagle Plaza Streetscape, San Francisco CA*
» Campus Streetscape Improvements & Shuttle Stops (Multi-year campus projects including planning, design, and implementation of streetscape, bikelanes, sidewalks and shuttle transit stops), Genentech, South San Francisco, CA* » City Streetscape Improvements, Sylvester St (Concept through Permitting), South San Francisco, CA*
» Google Cloud Campus (Campus design through construction), Sunnyvale CA* » BMR B2 and B14 (Biotech Campus Construction Phase QA and Support), Emeryville CA*
* Completed prior to MIG
EDUCATION
» MLA, College of Design,
University of Minnesota
» Post-Baccalaureate
Certificate in Metropolitan
Design, University of
Minnesota
» BArch, Sushant School
of Art and Architecture,
Gurgaon, India
REGISTRATIONS
» Landscape Architect:
CA #6951
PROFESSIONAL
AFFILIATIONS
» American Society of
Landscape Architects
AWARDS
» 2023 AIA California Design
Award - Climate Action
The Lighthouse, South
San Francisco (w/ Gensler
Architects)
» 2020 ASLA Honor Award
India Basin (w/Bionic
Landscape)
» 2013 ASLA Research,
Planning, Analysis and
Communication Merit
Award- Monterey Cypress
Tree Research Study
(w/MPA Design)
Karthik Kumar, PLA, ASLA
PROJECT MANAGER/LANDSCAPE ARCHITECT/URBAN DESIGNER
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 41
Amy Mitchell is a versatile landscape architect whose work can be found in a range of settings from parks and complete streets to schools, streets and trails around the country. Coming from arts education, Amy was drawn to landscape architecture as a means of manipulating texture, color, form, and space. Rather than art on a wall or shelf, she creates entire environments that people interact with on a regular basis. In designing spaces, Amy strives to capture the spirit and the character of the communities that use them. To do so, she manages collaborative processes with extensive community outreach and needs assessments to uncover and reflect shared values. A focused and persistent problem-solver, she is adept at utilizing new technology and open to exploring different perspectives to achieve desired project goals.
SELECTED PROJECT EXPERIENCE
» Northgate Boulevard Redesign, Sacramento, CA
» 14th Street Promenade, San Diego, CA
» Yellow Brick Road, Richmond, CA
» Franklin Boulevard Complete Streets, San José CA
» Broadway Streetscape, Los Angeles, CA
» Adeline Street Complete Street Plan, Emeryville, CA
» Tower of America Way, San Antonio, TX
» San Pablo Avenue Complete Streets, El Cerrito and Richmond, CA » Coyote Point Recreation Area Eastern Promenade, San Mateo, CA » Zona Cultural Complete Streets, San Antonio TX
» West Capitol Avenue, West Sacramento, CA
» Three Creeks Trail, San José, CA
» Craig Ranch Regional Park, North Las Vegas, NV
» Yanaguana Garden at Hemisfair Park, San Antonio, TX
» Happy Hollow Park and Zoo Master Plan, San José, CA
» Kristi Yamaguchi’s Always Dream Play Area, Fremont, CA » Compton Creek Natural Park, Compton, CA
EDUCATION
» BFA, Art Education,
University of North Texas
» BS, Landscape
Architecture, University of
California, Davis
REGISTRATIONS
» Landscape Architect:
CA #5852, TX #3220,
AL #819, NY #003008-01
» Bay-Friendly Certified
Design Professional
» Certified Playground Safety
Inspector: #48878-0423
AWARDS
» 2019 Texas ASLA Honor
Award: Yanaguana Garden
» 2019 Landscape
Architecture Foundation
Case Study: Yanaguana
Garden
» Honorable mention for the
24th EDRA GPA PlaceDesign Award, Yanaguana
Garden
» 2017 APWA Texas Chapter
Public Works Project of
the Year: Hemisfair Interior
Area Streets
Amy MItchell, PLA, CPSI
CONSULTING PRINCIPAL/LANDSCAPE ARCHITECT
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 42 City of Emeryville | Powell Street Redesign
Rishi Dhody is an experienced manager who actively contributes to the successful implementation of community-oriented planning and urban design projects across the country. Rishi has worked on a wide variety of complete streets and urban design plans with a focus on creating safer and distinctive places for different neighborhoods and districts. He helps create innovative urban design and streetscape plans, design guidelines and standards, municipal and formbased codes, and implementable Complete Streets designs that ensure resilient neighborhoods.
A multidisciplinary designer, Rishi collaboratively works with diverse teams, including planners, architects, landscape architects, and engineers. He is also experienced in facilitating a variety of community engagement forums including design charrettes, community workshops, and open houses.
SELECTED PROJECT EXPERIENCE
» Northgate Boulevard Redesign, Sacramento, CA
» 14th Street Promenade, San Diego, CA
» Yellow Brick Road, Richmond, CA
» Franklin Boulevard Complete Streets, San José CA
» Broadway Streetscape, Los Angeles, CA
» Adeline Street Complete Street Plan, Emeryville, CA
» Tower of America Way, San Antonio, TX
» San Pablo Avenue Complete Streets, El Cerrito and Richmond, CA » Coyote Point Recreation Area Eastern Promenade, San Mateo, CA » Patrick Henry Drive and Freedom Circle Specific Plan, Santa Clara, CA » Zona Cultural District Urban and Streetscape Design Plan, San Antonio, TX
» Downtown Complete Street Streetscape and Urban Design Plan, Mobile, AL » Downtown Greensboro Urban Design Streetscape Plan,
Greensboro, NC
» Downtown Winston-Salem Urban Design Plan, Winston-Salem, NC
EDUCATION
» MUD, University of
California, Berkeley
» BArch, Dr. D.Y. Patil College
of Engineering and
Technology
Rishi Dhody
SENIOR URBAN DESIGNER
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 43
Having worked in both architecture and landscape design, Shikha Merchant finds urban design to be the ideal middle ground from which to improve communities and quality of life holistically. Shikha seeks to understand the nuances and forces that affect public realm design to improve how and where development takes place. From her travels and studies in India, Singapore, Rwanda, and France, she has experienced a variety of urban settings firsthand. Shikha draws positives from each place and hopes to adapt them to her work on projects ranging from mobility to housing to recreation and more. Fluent in French, she can easily adapt to changing project needs and applies her diverse skills to support community engagement, research and analysis, and design and documentation.
SELECTED PROJECT EXPERIENCE
» Northgate Boulevard Redesign, Sacramento, CA
» Yellow Brick Road, Richmond, CA
» Broadway Streetscape, Los Angeles, CA
» San Pablo Avenue Complete Streets, El Cerrito and Richmond, CA » San Carlos Objective Design Standards, San Carlos, CA » Concord Objective Design Standards, Concord, CA
» King Road Complete Street Plan, San José CA
» MTC Burlingame Broadway Specific Plan, Burlingame, CA » Sacramento Commercial Corridors Transportation Plans, Sacramento, CA
EDUCATION
» MArch, CEPT University,
Ahmedabad, India
» BArch, Rachana Sansad’s
Academy of Architecture,
Mumbai, India
Shikha Merchant
URBAN DESIGN ASSOCIATE/COMMUNITY ENGAGEMENT
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 44 City of Emeryville | Powell Street Redesign
Mike Campbell is an award-winning specialist in environmental planning and stormwater management with over 30 years of experience consulting with local, regional, and federal jurisdictions on projects throughout Northern California.
As a Director of Environmental Analysis, Mike plays a pivotal role in integrating his knowledge with the skills and capabilities of project and client team members. He oversees the preparation of Environmental Impact Reports (EIRs), Initial Studies (IS), and Environmental Assessments (EA), as well as Categorical Exemptions/ Exclusions, in conformance with the requirements of CEQA and NEPA.
Mike's passion for ecosystem preservation, particularly water resources, laid the groundwork for his expertise in stormwater management. He brings his analytical, managerial, and relationship-building skills to bear on a full range of development projects—from transit and parks to mixed-use, residential, commercial, and industrial. He views each project as an opportunity to work collaboratively and creatively to address emerging environmental challenges with a focus on balancing feasibility and implementation with sustainability and resilience.
SELECTED PROJECT EXPERIENCE
» Lawrence-Mitty Park and Trail Project IS/MND, Cupertino, CA » View. Shoreline Park Bridges Replacement IS/MND, Mountain View, CA » San Mateo County Parks Department, Quarry County Park Wildfire Fuel Reduction and Visitor-Serving Project IS/MND, El Granada, CA » I-280 Trail IS/MND, Cupertino, CA
» 310-330 Esplanade Infrastructure Preservation Project EIR, Pacifica, CA » Red Morton Community Park Stormwater Capture Project ISMND, Redwood City, CA
» Focused General Plan Update EIR, San Carlos, CA
EDUCATION
» BS, Natural Resources
Planning & Interpretation,
Humboldt State University
REGISTRATIONS
» American Institute of
Certified Planners (AICP)
» Certified Professional
in Storm Water Quality
(CPSWQ)
PROFESSIONAL
AFFILIATIONS
» American Planning
Association
» Association of
Environmental
Professionals
Mike Campbell, AICP
ENVIRONMENTAL ANALYST
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 45
Christina Lau has almost 20 years of experience managing, writing, and reviewing various types of CEQA and NEPA environmental documents, ranging from categorical exemptions to EIS/ EIRs, including managing the subconsultants that brought expertise to each project.
Christina has been a project manager, lead author, reviewer, or contributor to a variety of projects involving parks and recreation, water and sewer infrastructure, schools, renewable energy, and various private residential, industrial, commercial, and retail developments. She also has previous experience in the preparation of joint NEPA/CEQA documents for transportation projects while working as an environmental planner for Caltrans.
SELECTED PROJECT EXPERIENCE
» Mountain View Annual Water Main Replacement Project 19-21: PRV Installation on North Whisman Rd and Evandale Ave and Water Main Replacements on Whitney Drive, Whitney Court, and Parker Court IS/MND, Mountain View, CA » Interceptor Force Trunk Main Rehabilitation IS/MND, Mountain View, CA » I-280 Trail IS/MND, Cupertino, CA
» Red Morton Community Park Stormwater Capture Project IS/MND, Redwood City, CA
» Lawrence-Mitty Park and Trail Master Plan IS/MND, Cupertino, CA » Esplanade Drive Infrastructure Preservation Project EIR, Pacifica, CA » Flow Equalization and Resource Recovery Facility Horizontal Levee and Water Recycling Facility Project EIR, Menlo Park, CA
» Hayward Area Recreation District Japanese Gardens Creek Bank Repair Initial Study/Mitigated Negative Declaration, Hayward, CA
» Duval, Elena, Padre, Seton, Josefa Water Main Replacements IS/MND, Los Altos Hills, CA
» Cupertino Park and Recreation System Master Plan CEQA Services, Cupertino, CA
» Palo Alto Parks, Trails, Open Space, and Recreation Master Plan CEQA Document, Palo Alto, CA
EDUCATION
» BA, Environmental Studies
and Economics, Biology
Minor, University of the
Pacific, California
» Graduate Study in
Environmental Studies,
California State University,
San Jose
Christina Lau
ENVIRONMENTAL ANALYST
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 46 City of Emeryville | Powell Street Redesign
Nathaniel Riedy is a highly skilled and adaptable civil engineer whose experience and expertise have contributed to infrastructure projects across the country.
Nathaniel’s early aspiration to improve quality of life in the built environment is continuously achieved with each new project—from site engineering and stormwater management to utility design and street improvements. As a project manager, he is committed to project stewardship from initial planning to post-construction sustainability. As a water resources and environmental engineering specialist, Nathaniel focuses on using green infrastructure and Low Impact Development principles to meet performance targets, mitigate costs, facilitate future maintenance, and protect or enhance the environment. His crosstraining and collaboration with urban designers and landscape architects enables him to develop projects that are both functional and experiential. Nathaniel’s technical communication and writing skills yield plans and documents that are succinct, well-organized, and easily readable by clients and laypersons alike.
Registered in five states, he strives to ensure that project solutions are context sensitive to meet not just engineering standards, but also the multifunctional needs and expectations of each community.
SELECTED PROJECT EXPERIENCE
» Northgate Boulevard Redesign, Sacramento, CA
» Yellow Brick Road, Richmond, CA
» San Pablo Avenue Complete Streets, El Cerrito and Richmond, CA » Broadway Streetscape, Los Angeles, CA
» King Road Complete Street Plan, San José CA
» 21st Street, Paso Robles, CA
» Green Infrastructure and Parks Master Plan (Implementation of Cudahy General Plan Update), Cudahy, CA
» Three Creeks Trail SWPPP, San José, CA
» Covina Town Center Specific Plan Infrastructure Planning, Covina, CA » Sunnydale Redevelopment Infrastructure Planning, San Francisco, CA » GSI Retrofit Project for CSO Control, King County, WA » National Western Center Campus Placemaking Study, Denver, CO » San Saba Street and Pedestrian Improvements, San Antonio, TX
EDUCATION
» BS, Civil Engineering,
University of Washington
REGISTRATIONS
» Professional Engineer:
CA #80161, TX #126555,
CO #0050429, WA #50177,
AL #35421
Nathaniel Riedy, PE
SENIOR CIVIL ENGINEER
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 47
Tucker McPhaul is dedicated to intentional design that reflects the experiences and narratives of people and communities in the public realm. Originally a back-up to a baseball career, landscape architecture aligned with Tucker’s affinity for the outdoors and appealed to his inquiring mind. The power of design to shape social interaction and cultural expression inspires his work. Tucker applies the critical thinking and dexterity he used to locate and deliver pitches to each batter to assess site issues and opportunities and frame creative and practical solutions for every project. He enjoys engaging with community members, clients, and colleagues to reflect on the outcomes of these dialogues through design. Tucker’s expertise in green infrastructure and computer programming combined with his skills in rendering, graphic presentation, and data management enables him to contribute to a variety of planning and design efforts—from cultural and historic landscapes to parks, urban centers, and streets.
SELECTED PROJECT EXPERIENCE
» Yellow Brick Road, Richmond, CA
» San Pablo Avenue Complete Streets, El Cerrito and Richmond, CA » Broadway Streetscape, Los Angeles, CA
» King Road Complete Street Plan, San José CA
» LA County Park Needs Assessment 2021, LA County, CA
» Mrak Hall Bike & Pedestrian Circulation, UC Davis, CA* » N St Park, Davis, CA*
» Willsonville I-5 Pedestrian Bridge, OR
» Young Hall Rain Garden, UC Davis, CA*
* Completed prior to joining MIG
EDUCATION
» MLA, University of
California, Berkeley
» BLA, University of
California, Davis
PROFESSIONAL
AFFILIATIONS
» American Society of
Landscape Architects,
Member
Tucker McPhaul
COMMUNITY ENGAGEMENT/LANDSCAPE DESIGN
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 48 City of Emeryville | Powell Street Redesign
Mike Witt will be managing all phases of the project for BKF and will monitor the civil scope, schedule, and budget. He will work closely with the project team and BKF’s design staff to keep the project moving forward and provide the direction needed to ensure efficient and effective delivery of the civil work.
Mike has experience leading and managing design, as well as providing construction support for various types of projects in both northern and southern California. His attention to detail, extroverted communication style, interdisciplinary consultant coordination abilities, and his desire to get things right have contributed to the successful design and construction of several significant projects.
SELECTED PROJECT EXPERIENCE
» Emeryville Center of Innovation Campus Expansion Public Improvements, Emeryville, CA
Provided topographic survey of the public roadways
Developed preliminary complete streets design alternatives for City review that incorporated pedestrian, bicycle, buses, and other alternative modes of transportation
Designed final improvement plans to support the public infrastructure within the street right-of-way
Civil design included raised Class IV one-way cycle track, two signalized intersections with separate bicycle phasing, and traffic diverter to limit vehicle access while enabling emergency vehicle access
» BMR Gateway of the Pacific Public Improvements, South San Francisco, CA Provided civil engineering for the frontage pavement, signing and striping layouts along Gateway and Oyster Point Boulevard, and traffic signal plan Analyzed feasibility and designed roadway grading alignments at the Gateway Boulevard project entry to provide a roadway underneath the plaza area
Developed conceptual storm drainage, sanitary sewer, and water system layouts for the public infrastructure
EDUCATION
» BS, Civil Engineering,
California State University,
San Diego, CA
REGISTRATIONS
» Civil Engineer: CA #72238
Mike Witt, PE
CIVIL ENGINEER
BKF ENGINEERS
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 49
Carrie Modi is a Principal with 13 years of experience in the planning and design of complete streets. Carrie has led the development of numerous community-based plans in diverse communities throughout the Bay Area, working with community members, community-based organizations, and City staff to develop complete streets plans that reflect an inclusive community process and implementable projects. A major focus of her work is engaging communities through innovative and meaningful outreach methods, building consensus, and delivering feasible and grant-ready concept designs. Over the last five years, Carrie’s work on conceptual design, corridor studies, and grant application writing has helped secure over $175 million in competitive grant funding for Bay Area communities.
Carrie has led the development of numerous active transportation master plans in the Bay Area, including the first All Ages and Abilities bicycle networks in the Bay Area. Carrie also leads the Fehr & Peers Bicycle and Pedestrian Discipline Group and is in charge of research and development for active transportation companywide. She has authored several ITE Journal articles on tactical urbanism and quick-build projects as tools for assisting cities with community engagement and rapid-response walking and biking designs.
SELECTED PROJECT EXPERIENCE
» 40th Street Bus Hub Study, Operations, and PS&E, Emeryville, CA The 40th Street/San Pablo Avenue Bus Hub reimagines this critical area for transit, walking, biking, and driving. Working with Community Design + Architecture and the City of Emeryville, Fehr & Peers assisted with the design of bus stops and cycle tracks, focusing on the interaction between buses, waiting passengers, bicyclists, and people walking on the sidewalk. » East Bay Greenway, Oakland, San Leandro, Hayward, and Alameda County, CA
Carrie managed this project focusing on trail design, trail crossing design, and separated bikeway design on a planned 15-mile-long regional trail corridor through the Cities of Oakland, San Leandro, and Hayward, and Alameda County, connecting a wide mix of land uses, BART stations, and schools. The trail will cross more than 50 roadways.
» Martin Luther King Jr Way Streetscape PS&E, Oakland, CA Fehr & Peers assisted the City of Oakland in preparing plans, specifications, and estimates for separated bike lanes and pedestrian safety enhancements on Martin Luther King Jr Way in North Oakland. This fast, six lane arterial roadway is on Oakland’s High Injury Network and creates a major safety barrier through North Oakland neighborhoods.
EDUCATION
» Master of Urban Planning,
Transportation and
Infrastructure, Harvard
University Graduate School
of Design
» Master of Landscape
Architecture, Harvard
University Graduate School
of Design
» BA, Urban Studies,
Brown University
PROFESSIONAL
AFFILIATIONS
» AICP, American Planning
Association #334246
» Association of Bicycle and
Pedestrian Professionals
(APBP)
Carrie Modi, AICP
SENIOR URBAN PLANNER
FEHR & PEERS
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 50 City of Emeryville | Powell Street Redesign
Susie Hufstader is a senior transportation planner in the Fehr & Peers Oakland office, where she focuses on complete streets design, bicycle and pedestrian planning, safety and active transportation, transit station access, stakeholder engagement, and community partnerships. She has three years of professional planning experience and four years of experience as Advocacy Manager at Bike East Bay prior to joining Fehr & Peers. Enthusiastic about active transportation and complete streets design, Susie approaches her work with an eye toward making bicycling and walking safe and accessible. She supports communities in navigating design decisions, implementing best practices, and advancing complex projects to improve safety and equitable mobility.
SELECTED PROJECT EXPERIENCE
» San Leandro Crosstown Corridors Study, San Leandro, CA For the City of San Leandro’s Crosstown Class IV Corridors Study, Fehr & Peers developed a planning study of Bancroft Avenue and Williams Street with a focus on providing safe, low-stress access for people—particularly students—walking and biking to schools, commercial districts, and to transit. Centering youth and community leadership, the plan process moved the City of San Leandro toward the implementation of safe, connected corridors for all users on Bancroft Avenue and Williams Street.
» Alameda CTC Countywide Bikeway Network, Alameda County, CA Fehr & Peers provides planning support for the Alameda CTC to develop a Countywide Bikeway Network to advance recommendations in the 2020 Countywide Transportation Plan (CTP) and 2019 Countywide Active Transportation Plan (CATP). The Countywide Bikeway Network included GIS analysis, map graphics, and network evaluation with a full network adopted in 2022. Fehr & Peers is developing a network implementation strategy and design guide. Susie manages this project.
» Contra Costa County Active Transportation Plan, Contra Costa County, CA Fehr & Peers developed an Active Transportation Plan for Contra Costa County.
The project had the goal of promoting walking and bicycling, along with other forms of active travel, while making roadways more accessible to communities.
Building off the County’s recently completed Vision Zero effort, which included a high-injury network and collision hotspot analysis, the ATP identified projects and policies for improving safety, mode shift, and transportation choice across the unincorporated county.
EDUCATION
» Master of Arts in History,
University of Chicago
» BA, German Studies &
History, Colby College
CERTIFICATIONS
» League of American
Bicyclists — League Cycling
Instructor certification, 2015
Susie Hufstader
SENIOR TRANSPORTATION PLANNER
FEHR & PEERS
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 51
Shane Rodacker has 21 years of experience performing geotechnical engineering services throughout Northern California. He has managed and conducted design-level geotechnical investigations for the design and construction of military facilities, state-owned facilities, essential services buildings, fire stations, educational facilities, and major transportation and infrastructure projects. His expertise includes foundation design, pavement design, slope stability analysis, hillside grading, and the mitigation of complex geologic problems during land development. A variety of agencies and design teams rely on his experience and wider project perspective when making decisions regarding project feasibility, foundation systems and site development. Mr. Rodacker has developed a reputation for providing exceptional service and cost-saving solutions to a satisfied client base. Mr. Rodacker’s ability to achieve project success with regulatory agency requirements has made him an integral member of many design teams.
SELECTED PROJECT EXPERIENCE
» Grand Boulevard Improvements, South San Francisco, CA Geocon performed a limited geotechnical investigation to aid in the design of storm water infiltration bio-swales (rain gardens) and pervious pavements proposed along El Camino Real in South San Francisco. The purpose of our investigation was to observe the subsurface soil and geologic conditions at selected improvements.
» Village Parkway Pavement Settlement, Dublin, CA
Geocon is currently providing on-call geologic and geotechnical services for the City of Dublin under a multi-year agreement, for which Mr. Rodacker is the contract manager. ement areas and provide the results of geotechnical laboratory testing.
» Dublin Boulevard-North Canyons Parkway Extension, Alameda County, CA The City of Dublin plans to construct an extension of Dublin Boulevard from the intersection of Fallon Road and Dublin Boulevard in Dublin to the intersection of Doolan Road and North Canyons Parkway in Livermore.
EDUCATION
» BS, Civil Engineering, North
Dakota State University
REGISTRATIONS
» Geotechnical Engineer:
CA #2915
» Civil Engineer:
CA #63291
Shane Rodacker, PE, GE
SENIOR GEOTECHNICAL ENGINEER
GEOCON
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 52 City of Emeryville | Powell Street Redesign
Exhibit C Forms
Exhibit C – Required LAPM Forms
Updated 4/11/2024
Signature Page
- - - - -
-
-
-A “
” -
As
i
- -
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 53
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed Prime Consultant Subconsultant 2nd Tier Subconsultant Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________
____________________________
____________________________
____________________________
________
________
________
________
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) _______________
_______________
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________
INDIRECT COSTS
d) Fringe Benefits (Rate: _____
f) Overhead (Rate: _____ )
Total Fringe Benefits [(c) x (d)] _______________
Overhead [(c) x (f)] _______________
h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h)] _______________
FIXED FEE
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ k) TOTAL FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
January 2020
Geocon
Principal Mukul Malhotra* 71.00 $ 79.33 $ 5,632.43
Project Manager Karthik Kumar* 390.00 $ 63.71 $ 24,846.90 Lead Engineer Nathaniel Riedy 25.00 $ 68.27 $ 1,706.75
Consulting Principal Amy Mitchell 61.00 $ 67.31 $ 4,105.91 $ 36,291.99
$ 36,291.99
47.64% $ 17,289.50
105.96% $ 38,454.99
0.00% $ 0.00
$ 55,744.50
12.00% $ 11,044.38
Mapita Online Survey - Task 3.3 1 1 $ 3,000.00 $ 3,000.00 Materials-Pop-Up Events - Task 3.5 1 1 $ 370.00 $ 370.00 $ 0.00
$ 0.00
$ 0.00
$ 3,370.00
Fehr & Peers $ 36,815.00
BKF $ 56,836.00
GeoCon $ 6,500.00
$ 0.00
$ 100,151.00
$ 103,521.00
$ 206,601.87
Moore Iacofano Goltsman, Inc.
X
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 54 City of Emeryville | Powell Street Redesign
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 55
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 56 City of Emeryville | Powell Street Redesign
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 57
Mukul Malhotra Principal
[email protected] 510-845-7549 Ext 0153
800 Hearst Ave, Berkeley CA 94710
Streetscape Design including Transportation Planning, Urban Planning/Design, Civil Engineering, Public Outreach, Stakeholder Coordination, Environmental Services DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 58 City of Emeryville | Powell Street Redesign
BKF
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 59
Mukul Malhotra Principal
[email protected] 503-297-1005 x1530
800 Hearst Ave, Berkeley, CA 97204
Streetscape Design including Transportation Planning, Urban Planning/Design, Civil Engineering, Public Outreach, Stakeholder Coordination, Environmental Services DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 60 City of Emeryville | Powell Street Redesign
BKF Engineers Date:
X Project Name:
Project #:
Fringe Benefit % + *Overhead % = Combined %
195.00% 0.00% 195.00%
Profit %: 10.00%
Key Staff
Prevailing
Wage Classification Name
Actual Base Hourly Rate
Paid to Employee For
Reference Only (Does
not Include any Fringe
or OH)
Actual Fully
Loaded Hourly
Rate For
Reference Only
(Includes Fringe,
OH & Profit)
Approved Flat
Hourly Billing
Rate
X Senior Project Manager Michael Witt $82.17 $266.64 $266.64 X Principal in Charge Dan Schaefer $98.00 $318.01 $318.01 Technical Manager Lokelani Yee $86.00 $279.07 $279.07
Sr Project Engineer/Surveyor TBD $57.44 $186.39 $186.39 Design Engineer/Surveyor TBD $42.17 $136.84 $136.84
Sr Ass Principal - Caltrans Jaggi Bhandal $93.00 $301.79 $301.79 Associate Principal - Surveyor Ben Santos $90.93 $295.07 $295.07 Field Surveyor - Party Chief TBD $63.49 $206.03 $206.03 Field Surveyor - Chainperson TBD $51.02 $165.56 $165.56 Description Rate Total
Aerial Survey Lump Sum $ 12,000.00
$ -
$ -
$ -
$ -
$ -
TOTAL $ 12,000.00
By signing here, you agree to the terms above, and attest that all information is accurate and true.
CONTRACTOR/SUBCONTRACTOR'S AUTHORIZED PERSON SIGNATURE
Daniel Schaefer - Principal/Vice President Other Direct Costs (ODC) Items and Rates Estimated ODC Budgets Shall Be Included in Cost Proposal.
1. List all Professional and Supervisory staff by Classification and Name. For staff not listed by name but by classification only, a current payroll document identifying their actual base hourly rate shall be provided with every invoice where an unlisted staff bills time. The approved flat hourly billing rates for all employees will be calculated and reimbursed based on their actual base hourly rates per the date noted above unless CITY Project Manager assigns a fair and reasonable flat hourly billing rate for selected employees. For staff not listed by name but by classification only, the reimbursement will not exceed the approved flat hourly billing rate for that classification. Approved flat hourly billing rates for new employees hired after the date of this cost proposal will not exceed (or shall be in line with) the rates of similar personnel with similar experience listed on this cost proposal. The approved flat hourly billing rate shall be all-inclusive, including all mark-ups, fringe, and overhead expenses and profit.
2. Key Staff shall be determined by CITY Project Manager. (i.e., named Project Manager, a specific Principal Engineer, a specific Structural Engineer, etc. Note Key staff with an "X" in the Key Staff column.
3. The employees' actual base hourly rates used to negotiate the flat hourly billing rates in this 10-H Form are the rates that were effective per the date noted above.
Addition of new staff, new classifications, or addition of a SUBCONTRACTOR not previously listed on the approved 10-H Form(s) shall require written approval from the CITY. No work shall commence until the approval is provided by the CITY. New staff shall be paid at the same or lower approved flat hourly billing rate of the previously approved or similar classification. In addition, if the substitution involves Key Staff, CONTRACTOR must request and justify the need for the substitution and obtain approval from CITY Project Manager. Substituted Key Staff shall be as qualified as the original.
4. Approved flat hourly billing rates include all standard equipment including laptop, camera, cell phone, truck, standard personal safety equipment. CITY Project Manager shall approve any other direct costs.
5. Note employees/classifications that are subject to prevailing wage requirements with an "X" in the Prevailing Wage column. Prevailing Wage specified is based on current Department of Industrial Relations (DIR) determination. CONTRACTOR shall be responsible for any future adjustments to the prevailing wage, including but not limited to, base hourly rates and employer payments as determined by the DIR. CONTRACTOR is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. CONTRACTOR shall be reimbursed at the above listed approved flat hourly billing rates.
6. Overtime may be reimbursed to classifications where it is required by their union contracts (Prevailing Wage classifications). Overtime will not be charged unless prior written approval is received by CITY Project Manager. CITY shall pay CONTRACTOR at the approved overtime rates noted above. CONTRACTOR shall pay prevailing wage employees per prevailing wage guidelines.
7. Local transportation costs resulting from commuting to and from the employee's residence to the office or job site are not reimbursable.
8. The Project will not reimburse CONTRACTOR for costs to relocate its staff to the geographic area of the contract. The Project will not reimburse CONTRACTOR for any per diem.
9. ODC items are to be in compliance with Code of Federal Regulations, Title 48 Part 31 [Federal Acquisition Regulations (FAR) cost principles] and the firm's companywide allocation policies and charging practices with all clients including federal government, state government, local agencies and private clients.
A x Profit % = B A + B = Actual Fully Loaded Hourly Rate Approved with Supplement # (type Original if it is the Original): Original CONTRACTOR Name: 4/18/2024
Powell Street Redesign
[Actual Base Hourly Rate Paid to Employee + (Actual Base Hourly Rate Paid to Employee x Combined %)] = A C=US,
[email protected],
CN=dgs
2024.04.18 11:10:48-07'00'
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 61
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed Prime Consultant 2nd Tier Subconsultant Consultant
Project No. TBD Contract No. Date 4/18/2024
DIRECT LABOR
Hours Actual Hourly Rate Total
9 $81.25 $731.25
56 $57.69 $3,230.64
20 $72.12 $1,442.40
7 $130.77 $915.39
90 $45.67 $4,110.30
24 $41.35 $992.40
LABOR COSTS
a) Subtotal Direct Labor Costs $11,422.38
b) Anticipated Salary Increases (see page 2 for calculation) c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $11,422.38
INDIRECT COSTS
d) Fringe Benefits (Rate: 80.17% ) Total Fringe Benefits [(c) x (d)] $9,157.32 f) Overhead (Rate: 102.65% ) g) Overhead [(c) x (f)] $11,725.07 h) General and Administrative (Rate: ) i) Gen & Admin [(c) x (h)] $0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $20,882.40
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10%] $3,230.48 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit(s) Unit Cost Total
mile At cost, IRS rate
each At cost
each At cost
each At cost
1 each $1,280.00 $1,280.00
l) TOTAL OTHER DIRECT COSTS $1,280.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
m) TOTAL SUBCONSULTANTS' COSTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] $1,280.00 TOTAL COST [(c) + (j) + (k) + (n)] $36,815.25
NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Data collection (Intersection counts, O/D data, etc)
Planner/Engineer Lam Ngo
Prj Coordinator Melissa Walden
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Fehr & Peers
Classification/Title Name
Subconsultant
Description of Item
Mileage Costs
Printing and Reproduction
Travel/Per Diem
Delivery (FedEx, Courier, USPS, UPS, GSO, etc)
Principal-in-Charge Carrie Modi*
Principal Robert Rees
Senior Planner Susie Hufstader*
Senior Associate Ron Ramos
January 2020
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 62 City of Emeryville | Powell Street Redesign
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Avg 5 Year
Hourly Contract
Rate Duration
$11,422.38 = $55.45
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Year 1 $55.45 + = $57.39 Year 2 Avg Hourly Rate
Year 2 $57.39 + = $59.40 Year 3 Avg Hourly Rate
Year 3 $59.40 + = $61.48 Year 4 Avg Hourly Rate
Year 4 $61.48 + = $63.63 Year 5 Avg Hourly Rate
Total Hours per
Year
Year 1 67.00% * = 138.0 Estimated Hours Year 1
Year 2 33.00% * = 68.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 206.0
Year 1 $55.45 * = $7,652.99 Estimated Hours Year 1
Year 2 $57.39 * = $3,901.31 Estimated Hours Year 2
Year 3 $59.40 * = $0.00 Estimated Hours Year 3
Year 4 $61.48 * = $0.00 Estimated Hours Year 4
Year 5 $63.63 * = $0.00 Estimated Hours Year 5
= $11,554.31
= $11,422.38
= Transfer to Page 1
Increase $131.93
NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
Direct Labor
Proposal
Total Hours per
Each Year Cost Proposal
Estimated % Completed
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Avg Hourly Rate Proposed Escalation
3.5%
3.5%
3.5%
3.5%
(calculated above)
Avg Hourly Rate
(calculated above)
Total Direct Labor Cost with Escalation
0 0
0 138
68 206.0
Total
206.0
Estimated hours
Year 1 Avg
Hourly Rate
Subtotal per Cost Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Total Hours per
206
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) 206.0
206.0
206.0
Cost per
Year
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Estimated total of Direct Labor Salary
Direct Labor Subtotal before Escalation
January 2020
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 63
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name: Title *: Chief Financial Officer
Signature: Lysa Wollard Date of Certification (mm/dd/yyyy): 4/18/2024 Email: [email protected] Phone Number:
Address:
List services the consultant is providing under the proposed contract:
100 Pringle Avenue, Suite 600, Walnut Creek, CA 94596
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
Conceptual design support for the Powell Street Redesign project.
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
January 2020
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 64 City of Emeryville | Powell Street Redesign
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Note: Mark-Ups are Not Allowed
Consultant: GEOCON CONSULTANTS, INC.
Project No. TBD Contract No. TBD Date
Project Name
DIRECT LABOR
Classification/Title Name Hours Actual Hr Rate Total
Principal Engineer / Geologist Zorne, Rodacker 4 $ 75.00 $ 300.00 Senior Engr / Geol / Sci Staff 6 $ 65.00 $ 390.00
Project Engr / Geol / Sci Staff 8 $ 50.00 $ 400.00
Senior Staff Engr / Geol / Sci Staff 12 $ 40.00 $ 480.00 Technical Illustrator / Draftsman Staff 6 $ 50.00 $ 300.00 Admin / Word Processing Staff 2 $ 35.00 $ 70.00
Field Technician (PW) Staff 0 $ 50.00 $ -
38 LABOR COSTS
a) Subtotal Direct Labor Costs $ 1,940.00
b) Anticipated Salary Increases $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 1,940.00
INDIRECT COSTS
d) Fringe Benefits (Rate: 52.68% ) c) Total Fringe Benefits [(c) x (d)] $ 1,021.99 f) Overhead (Rate: 62.80% ) g) Overhead [(c) x (f)] $ 1,218.32 h) General and Administrative (Rate: 75.05% ) i) Gen & Admin [(c) x (h)] $ 1,455.97 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 3,696.28
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10% ] $ 563.63 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
See attached ODC summary
Task 1 1 TOTAL $ 300.00
Task 2 1 TOTAL $ -
i) TOTAL OTHER DIRECT COSTS $ 300.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 300.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 6,499.91
NOTES:
3. Anticipated salary increases calculation (page 2) must accompany.
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
Description of Item
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
April 15, 2024
PW Group 3
Range
$65 - $75
$50 - $80
$40 - $55
$40 - $55
$30 - $45
$25 - $45
Powell Street Redesign
Prime Consultant Subconsultant 2nd Tier Subconsultant
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 65
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Direct Labor Total Hours per Avg 5 Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
= $51.05 Year 1 Avg
Hourly Rate
Avg Hourly Rate Proposed Escalation
Year 1 + 5.0% = $53.61 Year 2 Avg Hourly Rate
Year 2 + 5.0% = $56.29 Year 3 Avg Hourly Rate
Year 3 + 5.0% = $59.10 Year 4 Avg Hourly Rate
Year 4 + 5.0% = $62.05 Year 5 Avg Hourly Rate
Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 * 38 = 38 Estimated Hours Year 1
Year 2 * 38 = 0 Estimated Hours Year 2
Year 3 * 38 = 0 Estimated Hours Year 3
Year 4 * 38 = 0 Estimated Hours Year 4
Year 5 * 38 = 0 Estimated Hours Year 5
Total Total = 38
Avg Hourly Rate Estimated hours
(Calculated above) (Calculated Above)
Year 1 * 38 = Estimated Hours Year 1
Year 2 * 0 = Estimated Hours Year 2
Year 3 * 0 = Estimated Hours Year 3
Year 4 * 0 = Estimated Hours Year 4
Year 5 * 0 = Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase = Transfer to Page 1
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3
ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) $1,940.00 38
1. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $51.05
$53.61
$56.29
$59.10
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 100.0%
0.0%
0.0%
0.0%
0.0%
100.0%
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Cost Per
Year
$1,940.00
$0.00
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) $59.10 $0.00
$62.05 $0.00
$1,940.00
$51.05 $1,940.00
$53.61 $0.00
$56.29 $0.00
principles. Subconsultants will provide their own cost proposals.
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 66 City of Emeryville | Powell Street Redesign
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:
Name**: Title**:
Signature: Date of Certification (mm/dd/yyyy):
Email**: Phone Number:
Address: 3160 Gold Valley Drive, Suite 800, Rancho Cordova, CA 95742 List services the consultant is providing under the proposed contract:
Geotechnical engineering services
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Jeremy Zorne, PE, GE Vice President
[email protected] 916-852-9118
23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 4/15/2024
EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
NOTES:
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 67
Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-HJ COST PROPOSAL Page 1 of 2
COST PER UNIT OF WORK CONTRACTS
(GEOTECHNICAL AND MATERIAL TESTING)
Note: Mark-ups are Not Allowed □ Prime Consultant □ Subconsultant □ 2nd Tier Subconsultant Consultant __________________ _
Project No. _________ _ Contract No. --------- Date ------- Unit/Item of Work:
(Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study} Include as many Items as necessary.
DIRECT LABOR Hours Billing Hourly Rate {$) Total{$)
Consultant's Other Direct Costs (ODC)- Itemize:
Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
Nole: Attach addtllonal pages if necessary.
TOTAL COST PER UNIT OF WORK
NOTES:
1 . Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (
**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended.
2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public).
3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items.
4. ODC items shall be based on actual costs and supported by historical data and other documentation.
5. ODC items that would be considered "tools of the trade' are not reimbursable.
6. Billing Hourly Rates must be actual, allowable, and reasonable.
January 2020
Principal Engineer/Geologist
Sr. Engineer/Geol/Sci
Project Engineer/Geol/Sci
Sr. Staff Engineer/Geol/Sci
Geocon - Page 1 of 2
*See final total next page --->
✔
Geocon
4 239.69 959.00
6 207.73 1,246.00
8 159.79 1,278.00
12 127.83 1,534.00
1 1 $ 300.00 $ 300.00
Equipment Rental and Supplies $ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 5,317.00
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 68 City of Emeryville | Powell Street Redesign
Geocon
1 1 $ 0.00 $ 0.00
1 1 $ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 1,183.00
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 69
Jeremy Zorne, PE, GE Vice President
[email protected] 916-852-9118
3160 Gold Valley Drive, Suite 800, Rancho Cordova, CA 95742 Geotechnical engineering services
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 70 City of Emeryville | Powell Street Redesign
Proposed Project Cost
City of Emeryville I POWELL STREET REDESIGN
e s t i m a t e d p r o j e c t c o s t
Hrs@ $225.32 Hrs@ $193.91 Hrs@ $191.18 Hrs@ $180.96 Hrs@ $125.63 Hrs@ $85.21 Hrs@ $100.83 Hrs@ $207.12 Hrs@ $164.88 Hrs@ $102.25 Hrs@ $179.47 Hrs@ $252.77 Hrs@ $406.83 Hrs@ $224.37 Hrs@ $142.08 Hrs@ $128.64 Hrs@ $318.01 Hrs@ $266.64 Hrs@ $186.39 Hrs@ $136.84 Hrs@ $295.07 Hrs@ $206.03 Hrs@ $165.56 Hrs@ $239.69 Hrs@ $207.73 Hrs@ $159.79 Hrs@ $127.83 Hrs@ $159.79 Hrs@ $111.85 Hours Cost Task 1: EXISTING CONDITIONS ANALYSIS
1.1 Documents Review 2 $451 $0 $0 16 $2,895 2 $251 8 $682 $0 $0 $0 $0 28 $4,279 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 28 $4,279
1.2 Site Topographic Survey $0 $0 $0 4 $724 $0 $0 $0 $0 $0 $0 4 $724 $0 $0 $0 $0 $0 $0 0 $0 1 $318 4 $1,067 $0 20 $2,737 $0 $0 $0 $12,500 25 $16,621 $0 $0 $0 $0 $0 $0 0 $0 $16,621 29 $17,345
1.3 Traffic Study $0 $0 $0 2 $362 2 $251 $0 $0 $0 $0 $0 4 $613 18 $3,230 1 $253 4 $1,627 10 $2,244 52 $7,388 9 $1,158 $1,280 94 $17,180 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $17,180 98 $17,793
1.4 Preliminary Geotechnical Report $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 4 $959 6 $1,246 8 $1,278 12 $1,534 6 $959 2 $224 $300 38 $6,500 $6,500 38 $6,500
1.5 Existing Conditions Memo 2 $451 2 $388 2 $382 24 $4,343 4 $503 16 $1,363 $0 $0 $0 $0 50 $7,430 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 50 $7,430 Subtotal 4 $901 2 $388 2 $382 46 $8,324 8 $1,005 24 $2,045 0 $0 0 $0 0 $0 0 $0 86 $13,046 18 $3,230 1 $253 4 $1,627 10 $2,244 52 $7,388 9 $1,158 $1,280 94 $17,180 1 $318 4 $1,067 0 $0 20 $2,737 0 $0 0 $0 0 $0 25 $16,621 4 $959 6 $1,246 8 $1,278 12 $1,534 6 $959 2 $224 $300 38 $6,500 $40,301 $0 243 $53,347 Task 2: FEASIBILITY STUDY
2.1 Vision and Program Goals 1 $225 $0 $0 4 $724 $0 8 $682 $0 $0 $0 $0 13 $1,631 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 13 $1,631
2.2 Develop Design criteria 2 $451 1 $194 $0 16 $2,895 2 $251 $0 $0 $0 $0 $0 21 $3,791 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 21 $3,791
2.3 Evaluate Design Concepts 6 $1,352 2 $388 4 $765 16 $2,895 6 $754 $0 $0 $0 $0 $0 34 $6,154 18 $3,230 2 $506 3 $1,220 10 $2,244 38 $5,399 9 $1,158 80 $13,757 2 $636 10 $2,666 6 $1,118 8 $1,095 $0 $0 $0 26 $5,515 $0 $0 $0 $0 $0 $0 0 $0 $19,272 140 $25,426
2.4 Evaluate Costs 1 $225 $0 2 $382 8 $1,448 $0 $0 $0 $0 $0 $0 11 $2,055 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 11 $2,055
2.5 Create Feasibility Powerpoint Presentation 1 $225 $0 $0 4 $724 $0 8 $682 $0 $0 $0 $0 13 $1,631 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 13 $1,631
2.6 TAC Meeting #1 1 $225 $0 $0 4 $724 $0 $0 $0 $0 $0 $0 5 $949 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 5 $949 Subtotal 12 $2,704 3 $582 6 $1,147 52 $9,410 8 $1,005 16 $1,363 0 $0 0 $0 0 $0 0 $0 97 $16,211 18 $3,230 2 $506 3 $1,220 10 $2,244 38 $5,399 9 $1,158 $0 80 $13,757 2 $636 10 $2,666 6 $1,118 8 $1,095 0 $0 0 $0 0 $0 $0 26 $5,515 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 $19,272 $0 203 $35,483 Task 3: COMMUNITY PARTICIPATION AND PUBLIC OUTREACH
3.1 Develop Public Outreach Strategy 1 $225 $0 $0 8 $1,448 $0 $0 $0 $0 $0 $0 9 $1,673 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 9 $1,673
3.2 Phase 1: Community Stakeholder Interviews (Up to 3) 3 $676 $0 3 $574 12 $2,172 $0 $0 $0 $0 $0 $0 18 $3,421 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 18 $3,421
3.3 Phase 1: Online Survey 2 $451 $0 2 $382 8 $1,448 12 $1,508 16 $1,363 $0 $0 $0 $0 40 $5,152 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $3,000 40 $8,152
3.4 Phase 1: Intercept Survey ( at Up to 2 bus stops) 2 $451 $0 $0 2 $362 $0 8 $682 16 $1,613 $0 $0 $0 28 $3,108 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 28 $3,108
3.5 Phase 1: Pop Up Events ( Up to 2) 1 $225 $0 2 $382 12 $2,172 $0 16 $1,363 12 $1,210 $0 $0 $0 43 $5,353 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $370 43 $5,723
3.6 Community Participation Summary 1 $225 $0 $0 8 $1,448 4 $503 16 $1,363 $0 $0 $0 $0 29 $3,539 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 29 $3,539
3.6 Phase 1: City Staff Meetings (Up to 3) 3 $676 1 $194 $0 12 $2,172 $0 $0 $0 $0 $0 $0 16 $3,041 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 16 $3,041
3.7 Phase 2: Community Workshop/ Open House 4 $901 $0 2 $382 14 $2,533 4 $503 12 $1,023 $0 $0 $0 $0 36 $5,342 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 36 $5,342
3.8 Community Participation Summary 1 $225 $0 $0 4 $724 $0 $0 $0 $0 $0 $0 5 $949 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 5 $949 Subtotal 18 $4,056 1 $194 9 $1,721 80 $14,477 20 $2,513 68 $5,794 28 $2,823 0 $0 0 $0 0 $0 224 $31,577 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 $0 $3,370 224 $34,947 Task 4: CONCEPTUAL 10% DESIGN
4.1 Concept Design Workshop 2 $451 $0 2 $382 2 $362 2 $251 $0 $0 $0 $0 $0 8 $1,446 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 8 $1,446
4.2 10% Conceptual Design 8 $1,803 4 $776 8 $1,529 42 $7,600 16 $2,010 24 $2,045 40 $4,033 $0 $0 $0 142 $19,796 10 $1,795 2 $506 $0 $0 $0 3 $386 15 $2,686 3 $954 14 $3,733 6 $1,118 $0 $0 $0 $0 23 $5,805 $0 $0 $0 $0 $0 $0 0 $0 $8,491 180 $28,288
4.3 TAC Meeting #2 1 $225 1 $194 1 $191 2 $362 $0 $0 $0 $0 $0 $0 5 $972 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 5 $972
4.4 Incorporate Changes based on TAC meeting comments 1 $225 $0 $0 8 $1,448 $0 12 $1,023 $0 $0 $0 $0 21 $2,696 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 21 $2,696 Subtotal 12 $2,704 5 $970 11 $2,103 54 $9,772 18 $2,261 36 $3,068 40 $4,033 0 $0 0 $0 0 $0 176 $24,910 10 $1,795 2 $506 0 $0 0 $0 0 $0 3 $386 $0 15 $2,686 3 $954 14 $3,733 6 $1,118 0 $0 0 $0 0 $0 0 $0 $0 23 $5,805 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 $8,491 $0 214 $33,402 Task 5: PRELIMINARY COST ESTIMATE
5.1 Draft 10% Cost Estimate 1 $225 2 $388 2 $382 14 $2,533 $0 $0 8 $807 $0 $0 $0 27 $4,336 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 27 $4,336
5.2 Final 10% Cost Estimate $0 1 $194 $0 8 $1,448 $0 $0 4 $403 $0 $0 $0 13 $2,045 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 13 $2,045 Subtotal 1 $225 3 $582 2 $382 22 $3,981 0 $0 0 $0 12 $1,210 0 $0 0 $0 0 $0 40 $6,380 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 $0 $0 40 $6,380 Task 6: APPROVALS
6.1 City Staff and Committee Meetings (Up to 3) 3 $676 $0 $0 12 $2,172 $0 $0 $0 $0 $0 $0 15 $2,847 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 15 $2,847
6.2 City Council Meeting 2 $451 $0 1 $191 4 $724 $0 $0 $0 $0 $0 $0 7 $1,366 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 7 $1,366 Subtotal 5 $1,127 0 $0 1 $191 16 $2,895 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 22 $4,213 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 $0 $0 22 $4,213 Task 7: PROJECT FUNDING OUTLOOK AND GRANT FUNDING
7.1 Grant Applications Support (Up to 3) 6 $1,352 $0 12 $2,294 24 $4,343 $0 18 $1,534 $0 $0 $0 $0 60 $9,523 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 60 $9,523 Subtotal 6 $1,352 0 $0 12 $2,294 24 $4,343 0 $0 18 $1,534 0 $0 0 $0 0 $0 0 $0 60 $9,523 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 $0 $0 60 $9,523 Task 8: CONCEPTUAL 35% DESIGN
8.1 Draft 35% Design 4 $901 8 $1,551 12 $2,294 36 $6,515 24 $3,015 $0 36 $3,630 $0 $0 $0 120 $17,906 $0 $0 $0 $0 $0 $0 0 $0 6 $1,908 30 $7,999 10 $1,864 10 $1,368 $0 $0 $0 56 $13,140 $0 $0 $0 $0 $0 $0 0 $0 $13,140 176 $31,046
8.2 Final 35% Design 1 $225 2 $388 4 $765 22 $3,981 12 $1,508 $0 22 $2,218 $0 $0 $0 63 $9,085 7 $1,256 2 $506 $0 $0 $0 2 $257 11 $2,019 3 $954 22 $5,866 10 $1,864 10 $1,368 $0 $0 $0 45 $10,052 $0 $0 $0 $0 $0 $0 0 $0 $12,072 119 $21,156
8.3 TAC Meeting #3 1 $225 1 $194 1 $191 2 $362 $0 $0 $0 $0 $0 $0 5 $972 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 5 $972 Subtotal 6 $1,352 11 $2,133 17 $3,250 60 $10,858 36 $4,523 0 $0 58 $5,848 0 $0 0 $0 0 $0 188 $27,963 7 $1,256 2 $506 0 $0 0 $0 0 $0 2 $257 $0 11 $2,019 9 $2,862 52 $13,865 20 $3,728 20 $2,737 0 $0 0 $0 0 $0 $0 101 $23,192 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 $25,211 $0 300 $53,174 Task 9: ENVIRONMENTAL PERMITTING/ ASSESSMENT
9.1 Environmental Assessment and Permitting Memo $0 $0 $0 $0 $0 $0 $0 7 $1,450 14 $2,308 $0 21 $3,758 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 21 $3,758 Subtotal 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 7 $1,450 14 $2,308 0 $0 21 $3,758 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 $0 $0 21 $3,758 Task 10: PROJECT MANAGEMENT
10.1 Project Initiation Meeting and Preparation 1 $225 $0 1 $191 6 $1,086 $0 $0 $0 $0 $0 $0 8 $1,502 3 $538 2 $506 $0 $0 $0 1 $129 6 $1,173 1 $318 4 $1,067 $0 $0 $0 $0 $0 5 $1,385 $0 $0 $0 $0 $0 $0 0 $0 $2,557 19 $4,059
10.2 Project Management Meetings 6 $1,352 $0 $0 24 $4,343 $0 $0 $0 $0 $0 $0 30 $5,695 $0 $0 $0 $0 $0 $0 0 $0 1 $318 15 $4,000 $0 $0 $0 $0 $0 16 $4,318 $0 $0 $0 $0 $0 $0 0 $0 $4,318 46 $10,013
10.3 Monthly Progress Reports and Invoices $0 $0 $0 6 $1,086 $0 $0 $0 $0 $0 6 $614 12 $1,699 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 $0 $0 0 $0 $0 12 $1,699 Subtotal 7 $1,577 0 $0 1 $191 36 $6,515 0 $0 0 $0 0 $0 0 $0 0 $0 6 $614 50 $8,896 3 $538 2 $506 0 $0 0 $0 0 $0 1 $129 $0 6 $1,173 2 $636 19 $5,066 0 $0 0 $0 0 $0 0 $0 0 $0 $0 21 $5,702 0 $0 0 $0 0 $0 0 $0 0 $0 0 $0 $0 0 $0 $6,875 $0 77 $15,771 71 $15,998 25 $4,848 61 $11,662 390 $70,574 90 $11,307 162 $13,804 138 $13,915 7 $1,450 14 $2,308 6 $614 964 $146,479 56 $10,050 9 $2,275 7 $2,848 20 $4,487 90 $12,787 24 $3,087 $1,280 206 $36,815 17 $5,406 99 $26,397 32 $5,964 48 $6,568 0 $0 0 $0 0 $0 $0 196 $56,836 4 $959 6 $1,246 8 $1,278 12 $1,534 6 $959 2 $224 $300 38 $6,500 $100,151 $3,370 1,404 $250,000 $250,000
SUBTOTAL
TOTAL PROJECT COSTS
Principal Engineer Senior Engr/ Geol MIG / Sci Totals
Susie Hustader Carrie Modi Rob Rees Ron Ramos Lam Ngo
Senior Associate Project Engineer
Rishi Dhody Shikha Merchant Tucker McPhaul
Project Engineer Senior Staff Engr/
Geol/ Sci
Consulting Principal Technical Illustrator Admininstrator Env. Analysis
Environmental
Analyst
Project
Administrator
Project Manager Principal-In-Charge PE
BKF Totals
Melissa Walden
Direct
Costs
Fehr & Peers
Totals
Daniel Schaefer Michael Witt
Direct
Costs Geocon Totals Subconsultant Totals
Principal-in-Charge Lead Engineer Consulting Principal Project Manager Complete Streets Designer
Project Associate I Project Associate II
Jeremy Zorne
Direct
Costs
Design Engineer/
Surveyor
Associate Principal/
Surveyor
Field SurveyorParty ChiefField SurveyorChainpersonSenior Project Manager
Senior Project
Engineer/
Surveyor
BKF Geocon
MIG Direct
Costs
Professional Fee Totals
Mukul Malhotra Nathaniel Riedy Amy Mitchell Karthik Kumar Mike Campbell Christina Lau Rachael Husted MIG, Inc. Fehr & Peers
Project Coordinator Principal In Charge
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 71
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 72 City of Emeryville | Powell Street Redesign
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 73
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 74 City of Emeryville | Powell Street Redesign
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 75
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-KCONSULTANT ANNUAL CERTIFICATION OF
INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate:
Combined Rate % OR
Home Office Rate % and Field Office Rate (if applicable) % Facilities Capital Cost of Money % (if applicable)
Fiscal period *
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federallyfunded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on Exhibit 10-A.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost
March 2018
Fehr & Peers
183.52
01/01/2022 - 12/30/2022
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 76 City of Emeryville | Powell Street Redesign
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System accounts;
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount $___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is . • Years of consultant’s experience with 48 CFR Part 31 is . • Audit history of the consultant’s current and prior years (if applicable) ☐ Cognizant ICR Audit ☐ Local Gov’t ICR Audit □ Caltrans ICR Audit ☐ CPA ☐ Federal Gov’t ICR Audit ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name**: _ Title**:
Signature: Date of Certification (mm/dd/yyyy):
Email**: Phone Number**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms.
Caltrans will not process local agency’s invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations.
Distribution: 1) Original - Local Agency Project File
2) Copy - Consultant
3) Copy - Caltrans Audits and Investigations
March 2018
103,000,000.00
34 38
Lysa Wollard Chief Financial Officer
Lysa Wollard 06/05/2023 Digitally signed by Lysa Wollard Date: 2023.06.05 10:31:21 -07'00'
[email protected] 925-352-4667
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 77
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate (ICR):
Combined Rate: Or
Home Office Rate: and Field Office Rate (if applicable):
Facilities Capital Cost of Money (if applicable):
Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 Geocon Consultants, Inc.
181.05
12/27/2021 - 12/25/2022
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 78 City of Emeryville | Powell Street Redesign
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirements.
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount ___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Identify the type of audits listed below that the consultant has had performed (if applicable):
Cognizant ICR Audit Local Govt ICR Audit
Caltrans ICR Audit
CPA ICR Audit Federal Govt ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name:** Title**:
Signature: Date:
Phone**: Email**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency’s invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.
2 12,000,000.00
1 22
William Lydon CFO
(858) 558-6900 [email protected]
09/11/2023
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 79
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
EXHIBIT 10-U CONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND C 1 ONFIDENTIALITY STATEMENT
RFP/RFQ PROCUREMENT NUMBERS (if applicable):
PROJECT NAME (and FPN, if applicable)2
:
APPLICABILITY: To be filled out by local agency consultants in management support role. □ I am an employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing either Federal or State funds.
□ I am in a management position with the local agency, my title is listed below and I have attached my duty statement and scope of work.
□ I hereby certify as follows:
1. I recuse myself from all potential conflicts of interest.
2. I will not directly or indirectly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant.
3. I will not directly or indirectly influence any employee, staff member, or other individual participating in any consultant selection procurement process in which the consulting firm of which I am employed is as a consultant or subconsultant.
4. I will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which I am employed, regardless of whether the involvement of my employer in the contract is as a consultant or subconsultant.
Among other things, this includes my not being involved in approving changes in the schedule, scope, deliverables or invoices.
5. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above, that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement.
□ I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5) □ I fully understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain.
1 Each consultant staff working in a management support role shall complete a separate form. 2 For on-call contracts or contracts for multiple projects, indicate accordingly.
January 2018
Powell Street Redesign
X
X
X
X
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 80 City of Emeryville | Powell Street Redesign
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
□ I have read and fully understand all of the above.
Date: __________________ Signature: ________________________________________ Name: ___________________________________________
Title: ____________________________________________
Consultant Firm/Sole Proprietor: _____________________________
REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY
REPRESENTATIVE
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and will ensure:
□ That the foregoing named local agency consultant who is under contract and in a management support role with our local agency, abides by the foregoing terms and conditions; □ That should the foregoing named local agency consultant, who is under contract and in a management support role with our local agency, violate any of the foregoing terms and conditions, the Caltrans DLAE will be notified and such violation will be considered a breach of ethics and could be a basis for ineligibility of State or Federal project funds. □ The procedures followed to procure and execute the contract, between the local agency and the consulting firm of which I am employed, comply with all federal and state requirements. Also this contract has a specific date from to .
Date: __________________ Signature: ________________________________________ Name: ___________________________________________
Title: ____________________________________________
Department/Local Agency: _____________________________
January 2018
X
April 17,2024
Daniel Iacofano, PhD
President, CEO, CFO
MIG, Inc.
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Powell Street Redesign 81
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and supervisor’s statement.
□ I concur that the consultant, who is under contract and in a management support role with the local agency, does not appear to present a conflict of interest. The local agency and the consultant should be considered eligible for federal reimbursement. □ I do not concur as I believe that the consultant, who is under contract and in a management support role with the local agency, does appear to present a conflict of interest.
Date: __________________ Signature: _________________________________ Name: ____________________________________
Position: __________________________________
Distribution: 1) Copy to: DLAE for each Federal/State funded project 2) Copy to be returned to Local Agency by DLAE with FHWA approval
January 2018
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
C A L I F O R N I A
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E X H I B I T B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to MIG, INC.
1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:
1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
General Liability
Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto) or if Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the General Liability Policy. Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein “Covered Professional Services” as designated in the policy must specifically include Services performed under this Contract.
Workers’ Compensation and Employer’s Liability
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
include on and off-site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.
1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability
$1,000,000.00 per occurrence and $2,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.
OR
$2,000,000.00 per occurrence and $4,000,000.00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
Automobile Liability
$2,000,000.00 per accident for bodily injury and property damage. Professional Liability / Errors and Omissions
$2,000,000.00 per claim and aggregate.
Workers’ Compensation and Employer’s Liability
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000.00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Pollution Liability Insurance
$2,000,000.00 per occurrence and $2,000,000.00 aggregate.
Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.
2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
General Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it; and (4) the insurance coverage shall contain standard separation of insureds provisions.
Automobile Liability
(1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor. Pollution Liability Coverage
(1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3. NO SPECIAL LIMITATIONS
The required insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
4. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020
5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.
Attach:
Insurance Certificate and Endorsements
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865
C A L I F O R N I A
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E X H I B I T C
Federal Contract Provisions
During the performance of this contract, MIG, INC. (the “Contractor”) shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. In this Exhibit, the term “Agency” shall mean the CITY OF EMERYVILLE entering into this contract with the Contractor.
1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) A. Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
B. Affirmative steps shall include:
1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
5) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the Agency.
Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements.
DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Federal Contract Provisions
REV 05/2020
2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)
If any indirect costs will be charged to the Agency under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Contractor.
3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) A. Contractor shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Contractor's personnel for the purpose of interview and discussion related to the books and records.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
4.1 Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience
If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the contract is executed and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract.
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4.1.1 Termination for Convenience
The Agency may, by written notice to Contractor, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Contractor of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the Agency, the Agency shall compensate Contractor for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Contractor shall provide documentation deemed adequate by the Agency to show the work actually completed or materials provided by Contractor prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination.
4.1.2 Termination for Cause
If Contractor fails to perform pursuant to the terms of this contract, the Agency shall provide written notice to Contractor specifying the default (“Notice of Default”). If Contractor does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause. If Contractor fails to cure a default as set forth above, the Agency may, by written notice to Contractor, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Contractor shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the Agency as of the date the Agency provides the Notice of Termination. In such case, the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees.
4.1.3 Reimbursement; Damages
The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Contractor’s performance of the work.
4.1.4 Additional Termination Provisions
Upon receipt of a Notice of Termination, either for cause or for convenience, Contractor shall promptly discontinue the work unless the Notice directs to the contrary. Contractor shall deliver to the Agency and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Contractor acknowledges the Agency’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency’s termination of this contract. The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for DocuSign Envelope ID: 156E03F0-593C-438C-A9F3-EF4F983AAA7F DocuSign Envelope ID: B83003F6-E9DA-4F9B-AC5F-B582CEE92865 City of Emeryville | Federal Contract Provisions
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unperformed work or materials not provided, and shall not be entitled to damages or compensation for termination of work or supply of materials. If Agency terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this Section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance.
4.2 Appendix II to Part 200 (C) – Equal Employment Opportunity Except as otherwise provided under 41 C.F.R. Part 60, Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
A. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause.
B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
C. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor's legal duty to furnish information.
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D. Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
E. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
F. Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
G. In the event of Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
H. Contractor will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or Contractor. Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or Contractor as a result of such direction, Contractor may request the United States to enter into such litigation to protect the interests of the United States.
4.3 Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act Not applicable to this contract.
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4.4 Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act A. If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
B. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
C. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
D. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
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E. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
4.5 Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement
A. If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Agency.
B. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.
C. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”
4.6 Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act
If this contract is in excess of $150,000, Contractor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387).
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A. Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
B. Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.
4.7 Appendix II to Part 200 (H) – Debarment and Suspension A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
B. Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
C. This certification is a material representation of fact relied upon by Agency. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
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D. Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the Agency in writing immediately if Contractor or its subcontractors are not in compliance during the term of this contract.
4.8 Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act If this contract is in excess of $100,000, Contractor shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Contractor shall file with the Agency the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
4.9 Appendix II to Part 200 (J) – Procurement of Recovered Materials A. Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
B. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.
C. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
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5. MISCELLANEOUS PROVISIONS
A. The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.
B. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.
C. Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.
D. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the Agency, Contractor, any subcontractors or any other party pertaining to any matter resulting from the contract.
E. General and Administrative Expenses and Profit for Time and Materials Contracts/Amendments.
1) General and administrative expenses shall be negotiated and must conform to the Cost Principles.
2) Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
3) Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Contractor exceeds at its own risk.
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