Emeryville City Council
March 17, 2026

The PIP awards grant funds based on an applicant’s Prohousing Designation Program score and population size. Total potential award amounts are determined by adding an applicant’s “base award amount” with a “bonus award amount”. The base award amounts are based on population estimates as of January 1, 2025, and the City of Emeryville is eligible for a base award of $150,000. Bonus award amounts are calculated by multiplying an applicant’s Prohousing Designation score by 10,000, up to a maximum of $500,000 and Emeryville is eligible for a bonus award of 500,000. Therefore, the maximum amount of PIP funding the City could receive is $650,000.

Eligible uses of PIP funding include:
▪ The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low- , very low-, low-, and moderate-income households, including necessary operating subsidies.
▪ Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas.
▪ Matching portions of funds placed into local or regional housing trust funds. ▪ Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of Section 34176 of the California Health and Safety Code.
▪ Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014 (Proposition 41).
▪ Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
▪ Accessibility modifications.
▪ Efforts to acquire and rehabilitate foreclosed or vacant homes. ▪ Homeownership opportunities, including, but not limited to, down payment assistance.
▪ Fiscal incentives or matching funds to local agencies that approve new housing for extremely low-, very low-, low-, and moderate-income households.

Applicants must meet all of the following threshold requirements for participation in the PIP:
▪ An adopted housing element in substantial compliance, as determined by HCD ▪ Housing Element Annual Progress Report submittal pursuant to Government Code Section 65400 for the current or prior year, as applicable ▪ A completed Prohousing Designation with an authorizing resolution must be submitted prior to or in conjunction with the PIP application ▪ A complete application as determined by HCD.

Prohousing Incentive Program Round 4
City Council Meeting | March 17, 2026

▪ A resolution authorizing submittal of the application to the PIP that materially comports with the PIP’s requirements and is legally sufficient as determined in HCD’s reasonable discretion, including the identification of an authorized representative.
▪ Compliance with state and federal housing laws as determined at the sole discretion of HCD.

Applications must be submitted by March 31, 2026 with an authorizing resolution, and applicants must obtain Prohousing designation by March 31, 2026, to be eligible for PIP funds. Awards are anticipated in June 2026. Those selected for a grant award will be required to enter into a Standard Agreement within the timeline provided by HCD.

DISCUSSION
The City is seeking PIP funding to preserve the 45th Street Artist Cooperative, an existing affordable limited-equity ownership housing development. As noted above, eligible uses of the funds include affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas.

The 45th Street Artists Cooperative was founded in 1973 and is comprised of three warehouse buildings converted into 56 live/work studios for low-to-moderate income visual artists, musicians, choreographers, writers, designers and craftsmen. Pursuant to the Land Lease and Owner Participation Agreement for the development, no less than 51% of the units are required to be occupied by Low Income Households and the remaining units shall be occupied by Moderate Income Households. No existing resident shall be denied continued ownership because the household income increases above moderate income.

The 45th Street Artist Cooperative has reached out to the City seeking financial assistance related to long-term maintenance and capital improvement needs within the three buildings over the next five years. The 45th Street Building has a projected funding shortfall of $693,865, while the Horton and Holden buildings are expected to have enough reserves to cover the identified repairs.

Alignment with Housing Element Policies and Programs
The 2023-2031 Housing Element adopted by the City Council on December 12, 2022, includes the following policies and/or programs that PIP funds would support:
▪ Policy H-2-1. Facilitate the rehabilitation of the City’s existing housing stock to correct housing deficiencies, increase the useful life and increase accessibility for all residents.
▪ Policy H-3-1. Utilize available federal, state, and local financing sources and subsidies to assist in making housing more affordable to very low-, low- and moderate-income households.

Prohousing Incentive Program Round 4
City Council Meeting | March 17, 2026

FISCAL IMPACT
Adoption of the authorizing resolution has no direct fiscal impact. In the event that the City’s application for PIP is awarded, the amount of the grant award up to $650,000 will be made available for the activities described above, and the funds would be incorporated into the City’s operating budget by a future action of the City Council.

STAFF COMMUNICATION WITH THE PUBLIC
None

CONFLICT OF INTEREST
None

CONCLUSION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to submit an application, execute a request for funds, and enter into an agreement for up to $650,000 in grant funding in response to the HCD PIP Cycle 4 NOFA.

PREPARED BY: Valerie Bernardo, Economic Development & Housing Manager

ATTACHMENTS
▪ Draft Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR

PROHOUSING INCENTIVE PROGRAM FUNDS FROM THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; ACCEPT PROHOUSING INCENTIVE PROGRAM FUNDS; AND ENTER INTO A CALIFORNIA

STANDARD AGREEMENT
WHEREAS, pursuant to Health and Safety Code 50470 et seq., the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to as the Prohousing Incentive Pilot Program or “PIP”); and
WHEREAS, the City Council of the City of Emeryville desires to submit a Round 4 PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and WHEREAS, the Department issued a Notice of Funding Availability (NOFA) for the Round 4 Prohousing Incentive Program on September 30, 2025, for approximately $8 million funding; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager of the City of Emeryville is hereby authorized and directed to submit an Application to the Department in response to the NOFA, and to apply for PIP grant funds in a total amount not to exceed $650,000; and be it further
RESOLVED, by the City Council of the City of Emeryville that, in connection with the PIP grant, if the Application is approved by the Department, the City Manager is authorized and directed to enter into, execute, and deliver on behalf of the City of Emeryville, a State of California Agreement (“Standard Agreement”) for an amount of up to $650,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments thereto; and be it further
RESOLVED, by the City Council of the City of Emeryville that the City of Emeryville shall be subject to the terms and conditions as specified in the PIP Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement.

Pursuant to the PIP Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable Resolution No. _____
Prohousing Incentive Program Round 4
City Council Meeting | March 17, 2026

expenditures in the manner presented and specifically identified in the approved Application.

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held March 17, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY
City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: March 17, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Mohamed Alaoui, Public Works Director
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD

AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH

DIABLO ENGINEERING GROUP FOR COSTS FOR ADDITIONAL
SERVICES ASSOCIATED WITH THE 40TH STREET MULTIMODAL

PROJECT, AND INCREASING THE TOTAL CONTRACT
COMPENSATION BY $1,437,285.00 FOR A TOTAL CONTRACT
AMOUNT NOT TO EXCEED $5,010,280.84

RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled resolution authorizing the City Manager to execute a Third Amendment to the Professional Services Contract with Diablo Engineering Group for costs for additional services associated with the 40th Street Multimodal Project which include additional environmental documentation and construction support, and increasing the total contract compensation by $1,437,285.00, for a total contract amount not to exceed $5,010,280.84.

BACKGROUND
The 40th Street Multimodal Project (“Project”) is a significant initiative undertaken by the City of Emeryville to improve transportation conditions for bus riders, pedestrians, and cyclists. The Project focuses on the redesign of 40th Street and Shellmound Street, as well as sections of San Pablo Avenue and adjacent unsignalized side streets intersections. The aim of the Project is to enhance connectivity, safety, and efficiency for all modes of transportation. This Project holds significant importance as 40th Street is a vital multimodal connector, providing access to employment, essential services, and regional transit hubs including the MacArthur BART Station and the Bay Trail.

The Project includes a number of multimodal improvements including:
▪ Dedicated transit lanes along portions of 40th Street ▪ A two-way separated Class IV bikeway
▪ Intersection safety improvements and traffic calming measures ▪ Enhanced pedestrian facilities
▪ Improvements connecting the corridor to regional destinations including the MacArthur BART Station and the Bay Trail.
40th Street Multimodal Project – Diablo Engineering Group 3rd Amendment City Council Meeting | March 17, 2026

The City Council approved the conceptual design for the project on March 3, 2020 (Resolution No. 20-017) and directed staff to advance the project through final engineering design and environmental review.

In August 2022, the City issued a Request for Proposals for professional design services for the project and subsequently entered into a Professional Services Contract with Diablo Engineering Group, which was executed on January 13, 2023.

As the project progressed, the City Council took several actions relating to the Project scope and design:
▪ On July 18, 2023, the City Council approved Resolution No. 23-106, authorizing additional design work related to the analysis and design of unsignalized intersections along the north side of 40th Street.
▪ On the same date, the City Council approved Resolution No. 23-107, authorizing additional scope of work for Phase 2 of the Project, which extends the multimodal improvements along Shellmound Street to close a gap in the Bay Trail network. ▪ Also on July 18, 2023, the City Council adopted Resolution No. 23-108, authorizing the First Amendment to the Professional Services Contract with Diablo Engineering Group to incorporate the additional scope described above and increase the contract amount.

As the Project continued to advance through engineering design and grant development, the City Council later adopted Resolution No. 24-141 on November 19, 2024, authorizing the Second Amendment to the Professional Services Contract with Diablo Engineering Group to provide additional services including environmental documentation, grant support, and continued Project development.

These prior Council actions established the project scope and advanced the design process that has resulted in the Project now nearing completion of environmental review and final engineering design. Since approval of the Second Amendment, the project has progressed through the CEQA environmental review process, completed AB 52 tribal consultation, and is nearing completion of the National Environmental Policy Act (NEPA) environmental review process through Caltrans. As the Project moves toward construction readiness, additional consultant services are required to finalize environmental documentation, prepare bid-ready Plans, Specifications, and Estimates (PS&E), and provide support for project delivery.

DISCUSSION
Need for Third Amendment
During the course of environmental review and final design development, several additional tasks were required that were not included in the previous contract amendments. A reallocation of the consultant’s costs was required because the environmental review, grant coordination, and design refinements required significant consultant effort, and a portion of the consultant hours originally budgeted for final 40th Street Multimodal Project – Diablo Engineering Group 3rd Amendment City Council Meeting | March 17, 2026

design completion and construction support were utilized to address these expanded tasks.

A third contract amendment for an additional $1,437,285 is requested to provide additional consultant services necessary to complete environmental clearance, finalize design, and prepare the Project for construction. The largest cost drivers associated with the amendment are tribal consultation and cultural documentation, final design revisions required to respond to environmental review and stakeholder input, and additional design services required to prepare the Project for construction.

These additional tasks were primarily driven by regulatory review requirements, coordination with external agencies and utilities, expanded environmental documentation associated with federal funding, and additional engineering analysis needed to address stakeholder input and constructability considerations. As the Project advanced through environmental clearance and detailed design, these efforts required consultant services beyond those originally anticipated in the previous contract amendments.

The additional scope of work can generally be grouped into the following categories:

CEQA Environmental Review ($40,568)
Preparation of the Initial Study/Mitigated Negative Declaration (IS/MND) required substantial coordination between the City, the consultant team, and regulatory agencies. In addition to preparing the environmental document, the consultant team assisted staff in managing the 45-day public review period, organizing comment letters, and preparing a comprehensive Response to Comments (RTC) document addressing all substantive environmental comments received. The expanded level of documentation and response preparation required additional consultant hours beyond those originally anticipated.

This work included:
▪ Preparation and circulation of the draft IS/MND
▪ Technical analysis supporting environmental findings
▪ Compilation and organization of comment letters
▪ Preparation of written responses to environmental comments ▪ Coordination with City staff and legal counsel regarding CEQA compliance NEPA Environmental Clearance ($65,991)
Because the project includes federal funding sources, it must also comply with the National Environmental Policy Act (NEPA). The NEPA review process is administered by Caltrans as the federal lead agency and requires additional technical documentation and coordination beyond the CEQA process. These federal environmental review requirements resulted in additional consultant effort not fully anticipated in the original design contract.
40th Street Multimodal Project – Diablo Engineering Group 3rd Amendment City Council Meeting | March 17, 2026

Additional consultant services were required to:
▪ Prepare documentation necessary for Caltrans environmental review ▪ Address comments received from Caltrans District 4 and Caltrans Headquarters ▪ Coordinate revisions to project plans and environmental documentation to ensure compliance with federal environmental requirements
▪ Prepare supporting materials required for final NEPA clearance Tribal Consultation ($338,000)
As part of the environmental review process, the City conducted consultation with Native American tribes pursuant to Assembly Bill 52 (AB 52). This consultation resulted in additional coordination and documentation requirements, including modifications to certain project design elements and preparation of supporting technical documentation.

In addition, the consultant team will subcontract with tribal representatives to perform pre-construction cultural research, reporting, and participation during project development, which requires additional budget beyond the original contract scope.

The consultant team provided assistance with:
▪ Coordination with tribal representatives
▪ Preparation of supporting environmental documentation ▪ Development of mitigation measures and monitoring requirements ▪ Coordination of design adjustments associated with tribal consultation outcomes Plan Revisions and Design Coordination Resulting from Environmental Review and Public Outreach ($228,110)
During the environmental review process and ongoing stakeholder outreach, staff received comments from residents, businesses, and public agencies that required evaluation and, in some cases, design refinements. The consultant team assisted the City in reviewing these comments and developing design revisions to address operational concerns while maintaining the project’s safety objectives. These design refinements required additional engineering analysis beyond the scope of earlier contract amendments.

Examples of this work included:
▪ Evaluation of loading and drop-off areas along the 40th Street corridor ▪ Analysis of circulation and access considerations raised by stakeholders ▪ Preparation of revised designs reflecting approved signal foundations ▪ Coordination with City staff to ensure revisions remained consistent with the environmental document and project goals
Constructability Review and Utility Coordination ($102,918) As design progressed toward final engineering plans, additional coordination was required to address constructability considerations and conflicts with existing utilities, including coordination with the East Bay Municipal Utility District (EBMUD). These 40th Street Multimodal Project – Diablo Engineering Group 3rd Amendment City Council Meeting | March 17, 2026

efforts were necessary to ensure the project can be constructed efficiently and without conflicts with existing infrastructure.

This work included:
▪ Review of utility conflicts identified during detailed design ▪ Coordination with EBMUD regarding water infrastructure located within the project corridor
▪ Adjustments to design elements to accommodate utility infrastructure and maintain constructability
▪ Preparation of revised plans reflecting these adjustments Grant Applications and Grant Management ($130,985)
Since execution of the original professional services contract, the City has successfully pursued and secured eight separate grant funding sources totaling approximately $31.9 million to support implementation of the 40th Street Multimodal Project. These highly competitive state, regional, and federal grants have significantly expanded the scope of the project and enabled the City to deliver a much larger set of transportation improvements than originally anticipated.

Each of these grant programs carries specific documentation, reporting, and coordination requirements that require consultant assistance to ensure compliance with funding agency requirements. The consultant team has supported the City in preparing grant applications, coordinating with funding agencies, and ensuring that project documentation and design elements meet the technical and administrative requirements of these funding programs.

As additional grant opportunities became available and funding was secured, the scope of consultant services expanded to include:
• Preparation of supporting materials for grant applications • Coordination with regional, state, and federal funding agencies • Documentation required to satisfy grant program requirements • Collection and documentation of baseline bicycle and pedestrian traffic counts required to satisfy Active Transportation Program (ATP) grant reporting requirements • Ongoing grant management, reporting, and coordination with funding agencies These grant-related efforts have significantly expanded the scope of consultant services relative to the original contract, as the project evolved to incorporate additional improvements supported by newly secured funding sources.

Reallocation of Consultant Effort ($531,713)
Because the environmental review, grant coordination, and design refinements described above required significant consultant effort, a portion of the consultant hours originally budgeted for final design completion and construction support were utilized to address these expanded tasks.
40th Street Multimodal Project – Diablo Engineering Group 3rd Amendment City Council Meeting | March 17, 2026

As a result, additional consultant services are required to complete final design activities, prepare the project for advertisement for construction bids, and provide engineering support during construction. The proposed Third Amendment establishes additional scope and budget necessary to complete these remaining tasks and successfully deliver the 40th Street Multimodal Project.

This work includes:
▪ Final design revisions resulting from environmental review and public outreach
▪ Caltrans processing and approvals
▪ Utility coordination and documentation
▪ Final PS&E preparation
▪ Design Services During Construction

STRATEGIC PLAN CONNECTION (IF APPLICABLE)
▪ Top priorities 2025 – 2026: Bicycle and pedestrian focused projects (i.e. 40th Street redesign and Ashby interchange)

FISCAL IMPACT
The Third Amendment increases the consultant contract amount by $1,437,285.

Funding for this amendment will be provided by existing funding available within the project from the following sources:

Fund Amount
1999 Bay Street – Shellmound Capital
Project Fund (Fund 441)
$1,072,000
1999 Revenue Bond (Fund 444) $55,284
Developer Contribution Fund (Fund 473) $310,001
Total $1,437,285
Following approval of this amendment, the total compensation authorized under the Professional Services Contract with Diablo Engineering Group will increase from $3,572,995.84 to $5,010,280.84, representing approximately 15 percent of the project’s total budget of $34.1 million. For complex urban transportation projects, engineering design and project development costs commonly range between 10 and 20 percent of total project costs, particularly when federal funding, environmental review under both CEQA and NEPA, and extensive stakeholder coordination are required. The consultant scope for the 40th Street Multimodal Project includes not only engineering design services but also environmental documentation, tribal consultation coordination, traffic operations analysis, grant development and management for multiple funding programs, and design refinements resulting from regulatory agency review and public outreach. 40th Street Multimodal Project – Diablo Engineering Group 3rd Amendment City Council Meeting | March 17, 2026

These additional responsibilities expanded the consultant scope beyond traditional design services and reflect the complexity of delivering a major multimodal corridor improvement in an urban setting.

Adequate funding is available within the Project budget to support this amendment. No additional funds are being added to the Project as a result of this amendment.

CONFLICT OF INTEREST
None.

CONCLUSION
Staff recommends that the City Council adopt the above-entitled resolution authorizing the City Manager to execute a Third Amendment to the Professional Services Contract with Diablo Engineering Group for costs for additional services associated with the 40th Street Multimodal Project which include additional environmental documentation and construction support, and increasing the total contract compensation by $1,437,285, for a total contract amount not to exceed $5,010,280.84.

PREPARED BY: Ryan O’Connell, Senior Civil Engineer

ATTACHMENTS
▪ Attachment A – Professional Services Contract
▪ Attachment B – Professional Services Contract First Amendment ▪ Attachment C – Professional Services Contract Second Amendment ▪ Draft Resolution
➢ Exhibit A – Professional Services Contract Third Amendment

CALIFORNIA

PROFESSIONAL SERVICES CONTRACT

FOR CITY USE ONLY
Contract No. CIP No.

Resolution No. Project No.

REV09/ 2022 | N:\City_Clerk\ Public\ Contracts & Agreements\ Professional Services Contract THIS PROFESSIONAL SERVICES CONTRACT (“Contract”) is effective as of the “Effective Date”), by and between THE CITY OF
EMERYVILLE, a municipal corporation, (“City”) and DIABLO ENGINEERING GROUP Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

WITNESSETH THAT
WHEREAS, the City desires to engage Contractor for Professional Design Services on the 40th Street Transit-only Lanes and Multimodal Enhancements 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 JUNE 30, 2025. The Parties may, by mutual, written consent, extend the term of this Contract.

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01/13/2023
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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 MILLION, ONE

HUNDRED NINETY EIGHT THOUSAND, EIGHT HUNDRED AND SIX DOLLARS AND EIGHTY FOUR CENTS ($2,198,806.84), 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 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED 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.

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED City of Emeryville | Professional Services 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
All of the individuals listed in Exhibit A are 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 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED 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

17.48 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 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED 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 Ryan O’Connell for the City and Jennifer Harmon for the Contractor:

CITY CONTRACTOR
Ryan O’Connell, Senior Civil Engineer
Phone No: 510-596-4346
E-Mail : roconnell@emeryville. org
Jennifer Harmon, President/CEO
Phone No: 510-550-8959
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, PW Director
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4341
E-Mail : [email protected]
with a copy to:

Ryan O’Connell, Senior Civil Engineer
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4346
E-Mail : roconnell@emeryville. org
Jennifer Harmon, President/CEO
1300 Clay Street, Suite 600
Oakland, CA 94612
Phone No: 510-550-8959
E-Mail :

Jennifer@diabloengineeringgroup. com

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
City Manager
Dated: DIABLO ENGINEERING GROUP
Signature)
Jennifer Harmon, President/CEO
Attach:

W-9 Form
Attach:

Business License Certificate
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City of Emeryville
September 23, 2022
Submitted To:

Ryan O’Connell
Senior Civil Engineer
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608

DIABLO ENGINEERING GROUP
1300 Clay Street, Suite 600
Oakland, CA 94612
Proposal for 40th Street Transit-Only Lanes and
Multimodal Enhancements Project
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TABLE OF CONTENTS

PROPOSAL
TABLE OF CONTENTS ............................................................................................................................... 0 Cover Letter ............................................................................................................................................ 1 Team/ Firm Qualifications ........................................................................................................................ 3 Project Approach ..................................................................................................................................... 8 Project Team ......................................................................................................................................... 31 Exhibit C Forms...................................................................................................................................... 40 APPENDIX – RESUMES ( Key Project Team Members)
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Cover Letter
Diablo Engineering Group
1300 Clay Street, Suite 600
Oakland, CA 94612
Jennifer@diabloengineeringgroup. com
510) 550- 8959
September 23, 2022
Ryan O’Connell
Senior Civil Engineer
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Subject: PROPOSAL – 40th Street Transit- Only Lanes and Multimodal Enhancements Project Dear Mr. O’Connell:

Diablo Engineering Group (Diablo) is excited to provide this proposal for the City of Emeryville 40th Street Transit- Only Lanes and Multimodal Enhancements Project. Diablo Engineering Group is a Civil Engineering company that was founded in the City of Oakland on September 27, 2014, as a corporation, tax identification number 47-1437252, by Jennifer Harmon, PE and Garrett Gritz, PE. Bringing collectively over 50 years of experience, services are primarily associated with the planning and preparation of final design plans for civil engineering and transportation engineering focused infrastructure improv ements, with a special emphasis on delivering expert project management and program management services to public agencies throughout Alameda and Contra Costa counties. Jennifer and Garrett have vast transportation planning and final design engineering experience, including managing multi-agency and multi-discipline teams of consultants through the design and approval processes. Foundational to the services provided by Diablo are delivering clients with exceptional personal service. Diablo is excited about the opportunity of delivering our expertise and personal service to the City of Emeryville. Diablo will be able to strongly support the City of Emeryville with the proven approach of organization, responsiveness, and attention to detail. The work will be performed at the primary office location, 1300 Clay Street, Suite 600, Oakland, CA 94612. The primary contact is Jennifer Harmon per this letterhead.

Diablo Engineering Group has included four highly qualified and strategic subconsultant partners on the team. Ms. Harmon has very recently managed this same team on the Lakeside Drive and Lake Merritt Boulevard Cycletrack Project and the East Bay Greenway Segment II Project, both for the City of Oakland.

Members of this team have already earned an excellent reputation of working collaboratively with City of Emeryville team members recently on the 40th Street and San Pablo Bus Hub and Complete Streets Redesign and the Quiet Zone Safety Engineering Measures on 65th, 66th, and 67th Streets Projects.

Please see the representative projects as well as the individual resumes to understand how this local team has been working very closely together. This entire team is also comprised of Alameda County local businesses, two Alameda County Transportation Commission ( Alameda CTC) local certified businesses and two Alameda CTC very small local certified businesses. Further, Diablo is one of the Alameda CTC certified very small local business No. DIA20200326- 03, so we will have no problem meeting their small local and local goals if this need arises.

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Jennifer and Garrett have learned firsthand the importance of promoting and implementi ng win-win partnerships between clients, strategic partners and community members. These effective partnerships, combined with technical and personal communication across a project team, create the necessary synergy and teamwork that are needed to complete successful projects. The Diablo Team has successfully delivered numerous planning and design services associated with:

Designing pedestrian and bicycle facilities
Streetscape designs, including C.3 landscaping
Preparing precise grading/ improvement plans
Performing/ facilitating community engagement meetings
Designing new or modified traffic signal designs
Designing street and pedestrian lighting and photometric analysis As well, the Diablo Team has managed supporting subconsultants with expertise in environmental clearance, surveying, right of way, topographic mapping, soil investigation and geotechnical analysis.

I am an avid cyclist, often riding throughout Contra Costa and Alameda County and have worked closely with Bike East Bay on controversial challenges on various projects, including Detroit Avenue Complete Streets, 880 North Safety Improvements Project At 29th and 23rd Avenues, and City of Oakland Broadway/ Keith Avenue to Golden Gate Way Bike/ Pedestrian Project. From the perspective of the cyclist alone, these projects could have made additional improvements specifically for cyclists, however, safety for all users, including pedestrian, vehicular traffic and transit must also be closely weighed. I understand the concerns of various street users and am intimately familiar with current Caltrans, AC Transit, NACTO and MUTCD guidance. I have been in challenging conversations with bicycle advocates, and in the end, collaboration prevailed by balancing safety and operational improvements for all modes of mobility.

As Principal, Jennifer Harmon is authorized to negotiate on behalf of Diablo Engineering Group and to sign any contract that may result from this proposal. I have received the Questions and Answers to the RFP dated September 15, 2022.

We appreciate the opportunity to submit our proposal for 40th Street Transit-Only Lanes and Multimodal Enhancements Project. Please contact me at (510) 550-8959, Jennifer@diabloengineeringgroup. com for any communication regarding this proposal and/ or interview process, as necessary.

Sincerely,
Diablo Engineering Group
Jennifer Harmon, P.E.

President and CEO
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TEAM/ FIRM QUALIFICATIONS
Diablo Engineering Group is a Civil Engineering company that was founded as a corporation in 2014 by Jennifer Harmon, PE and Garrett Gritz, PE. Diablo Engineering Group provides engineering services that are primarily associated with public works projects for local agencies, with a special emphasis on delivering expert project management and program management services to public agencies throughout Alameda and Contra Costa counties. Jennifer and Garrett have vast transportation planning and final design experience in Federal Aid projects, including the management of complex City, State and transit, multi- year, multijurisdictional highway and roadway design improvement projects. In particular, they are both well versed in planning and designing local complete streets improvement projects, supporting local agencies in delivering environmental compliance documents, and working with community groups to design pedestrian and bicycle street improvements.

Diablo Engineering Group has been in business for eight years and has four full time staff, including three who work in the Oakland office.

While Diablo Engineering Group is a Very Small Local Business certified with the Alameda County Transportation Commission, Diablo has successfully led large multidiscipline teams to deliver upon high profile projects. Diablo has assembled a highly qualified and multidiscipline team to provide the City of Emeryville with the services needed to successfully complete the 40th Street Transit- Only Lanes and Multimodal Enhancements Project. Jennifer and Garrett have worked closely with these sub-consultant firms for many years on numerous projects, including projects specifically for Alameda County cities. The following four sub-consultants are part of the Diablo Engineering Group team: MNS ( Civil Engineering Design Support), Fehr & Peers ( Traffic analysis, Signals, Lighting), Community Design + Architecture ( Public Outreach and Landscape Architecture), and NCE ( Environmental Clearance and Pavement Design).

Together, this team has the expertise and resources to meet the City of Emeryville’ s quality and schedule expectations. As well, this team has a proven reputation of forming excellent partnerships together with public agencies in the delivery of improvement projects that benefit our local communities.

OFFICE LOCATION
All services provided by Diablo Engineering Group will be managed by Jennifer Harmon, PE from the Diablo Oakland office, located at 1300 Clay Street, Oakland, CA 94612. Jennifer will be supported by Mr. Garrett Gritz, PE. Garrett and Jennifer have continuously worked together for over 20 years and have an excellent partnership that benefits clients and sub-consultants.

Jennifer has managed several projects specifically in Alameda County over the past 10 years and has consistently delivered community outreach, design solutions, and final bid documents for both simple and complicated projects within highly constrained schedules and budgets. This proven responsiveness and ability to work side by side with the City is especially beneficial when delivering complex projects. As she has done successfully before, Jennifer will manage our project teaming partners.

Community Outreach
Interagency Coordination

CEQA/ NEPA
Environmental Document
Coordination
C.3 Compliance
Federal Aid Projects
Caltrans Coordination
Design Topographic
Survey
Right- of-Way Mapping
Geometric Analysis
Complete Streets
Solutions
ADA Compliance
Complete PS& E Packages
Preliminary / Final Cost
Estimates
Utility
Relocation/ Coordination
Stage Construction/
Detours
Landscape Architecture
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Client satisfaction and earning a consistent repeat client base is a true measure of the demonstrated excellence of a firm. Our clients themselves provide a more visible testimony of our demonstrated enthusiasm, competencies, and creativity.

CITY OF OAKLAND Lakeside Drive and Lake Merritt Boulevard Cycletrack Project, Oakland, CA Reference:

Jay Zhang, PE, TE, QSD
Project Manager – OakDOT
City of Oakland
250 Frank H Ogawa Plaza, Ste 4314
Oakland, CA 94612
510) 238-2943
jzhang@oaklandca. gov
Value of Services: $ 798,000 including construction
support services
Budget Performance: The project has been within the
overall budget, even with budget shifts due to scope
modifications.

Year( s) Work Performed: 2021 to Present. Achieved
Design Schedule. Waiting on final direction from City.

Construction Cost: $ 5.7M
Team Members: Jennifer Harmon ( Project Engineer and Project Manager), Garrett Gritz ( QA/ QC), Aleksandra Torbica ( Project Designer)
Subconsultants: Fehr & Peers ( Rob Rees), Community Design + Architecture ( Connie Goldade), NCE Environmental, Geotechnical & Hazardous Materials), Mountain Pacific Surveys, Exaro ( Potholing) Services: Pedestrian Improvements, Bicycle Cycletrack, Traffic Analysis, Pedestrian Lighting and Signal Modifications, ADA On- street Parking Analysis, C.3
Landscaping, Pavement Design and Bus Only Lane
Project Description and Location:

Under an on-call contract for the City of Oakland, Diablo Engineering Group lead the Team that prepared 35%
Conceptual Design Plans, environmental assessment,
pavement design, final Plans, Specifications, and
Estimates ( PS& E) for improvements along Lakeside Drive and Lake Merritt Boulevard in the City of Oakland. The
proposed work required approval from AC Transit as this project incorporated a bus only lane. This is an important route connecting to AC Transit’ s new bus rapid transit facilities on International Boulevard.

Goals of the project were to add traffic calming measures with the road diet, improve the pavement conditions,
incorporate cycletrack facilities, and incorporate on-street ADA accessible parking into the project. The City’ s ADA Coordinator had been hearing many complaints about the limited consideration for on-street ADA accessible parking involved in bicycle facilities projects and had many concerns about handicap community member’ s being able to properly access the sidewalks with parking across from the protected bicycle facilities.

Given the community desire to quickly see improvements and the opportunity to incorporate all of the project goals through the City’ s paving program, the City wanted construction documents ready within six months to get the project constructed in summer of 2022. The City’ s Bicycle & Pedestrian Program reviewer personally sent Ms. Harmon a note saying, “ Really appreciate all you and the team’ s work on this complex project!”
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CITY OF OAKLAND East Bay Greenway Segment II (Seminary Avenue to 69th Avenue), Oakland, CA Reference:

Si Lau, PE
Supervising Civil Engineer – OakDOT
City of Oakland
250 Frank H Ogawa Plaza, Ste 4314
Oakland, CA 94612 ( 510) 238-6105
slau@oaklandca. gov
Value of Services: $ 453,000 including construction
support services
Budget Performance: The project is under budget.

Year( s) Work Performed: 2020 to Present. Achieved
Design Schedule. Waiting on final Federal Transit
Administration ( FTA) Categorical Exemption ( CE) and
BART permit.

Construction Cost: $ 4.0M
Team Members: Jennifer Harmon ( Project Engineer and Project Manager), Garrett Gritz ( QA/ QC), Aleksandra Torbica ( Project Designer)
Subconsultants: Fehr & Peers ( Rob Rees), Community Design + Architecture ( Connie Goldade), NCE Hazardous Materials), Mountain Pacific Surveys, ICF ( Environmental), Exaro ( Potholing) Services: Pedestrian Improvements, Multi- use path, Traffic Analysis, Pedestrian Lighting and Signal Modifications, Landscaping and hazardous materials handling plan and specifications Project Description and Location:

Under an on-call contract for the City of Oakland, Diablo Engineering Group lead the Team that prepared 35% Conceptual Design Plans, special Federal Transit Administration ( FTA) categorical exemption ( CE) environmental assessment, hazardous materials investigation and findings, utility locating and potholing, final Plans, Specifications, and Estimates ( PS& E) for improvements along San Leandro next to the BART tracks in the City of Oakland. The proposed work required approval from FTA and BART. This is an important second segment to the East Bay Greenway that will ultimately connect to the Bay Trail. The nature of this East Bay Greenway project has many similarities to the City of Emeryville 40th Street project.

Goals of the project were to provide a protected multi-use path along San Leandro Street between Seminary Avenue and 69th Avenue adjacent to the Coliseum BART Station. The first segment of East Bay Greenway included continuous fencing between the path and the vehicular roadway with no “ green” improvements. There is also no fencing at the back of the path and several homeless encampments have developed along the path. To avoid this, at the urging of Ms. Harmon, the segment II design narrows the vehicular lanes and incorporates a landscape buffer with trees between the path and vehicles. In addition, fencing is incorporated at the back of path to reduce the area available for other activities.

Diablo also provided final design for class II bike lanes to connect the block between 69th Avenue and 75th Avenue, directly in front of the BART station, connecting Segment I to Segment II of East Bay Greenway.

These projects are a part of the Affordable Housing and Sustainable Communities ( AHSC) grants where Ms. Harmon has assisted the city in managing and designing this program for more than 4 years.

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Team/ Firm Qualifications 6
CITY OF OAKLAND Broadway/ Keith Avenue to Golden Gate Way Bike/ Pedestrian Project, Oakland, CA Reference:

Wladimir Wlassowsky, P.E.

Interim City Engineer – OakDOT
City of Oakland
250 Frank H Ogawa Plaza, Ste 4314
Oakland, CA 94612
510) 385-9225
WWlassowsky@oaklandca. gov
Value of Services: $ 249,000
Budget Performance: The original budget of $214,000
was augmented by $ 35,000 to accommodate City’ s
request to prepare an updated traffic analysis and
prepare associated plan modifications
Year( s) Work Performed: 2012 to 2017. Achieved
Design Schedule.

Construction Cost: $ 2.2M (Completed 2017)
Team Members: Jennifer Harmon ( Project Engineer and Project Manager), Garrett Gritz ( QA/ QC), Aleksandra Torbica ( Project Designer)
Subconsultants: Diablo Engineering Group was a subconsultant to Michael Baker, however, Jennifer and Garrett managed Fehr & Peers, Ninyo & Moore, Keller Mitchel Landscape and Michael Baker staff, and lead the contract for construction support services
Services: Community Outreach, Pedestrian & Bicycle Path, Traffic Calming, C.3 Design, Caltrans Permitting Project Description and Location:

Under an on-call contract for the City of Oakland, Michael Baker International ( formerly RBF Consulting) with Diablo Engineering Group management ( Jennifer Harmon) prepared an Alternatives Analysis, 35% Conceptual Design Plans with community outreach, and under a separate contract, final Plans, Specifications, and Estimates ( PS& E) for improvements along Broadway from Keith Avenue to Golden Gate Way in
the City of Oakland. The proposed work required an
encroachment permit from Caltrans as it is immediately
adjacent to the on and off ramps for SR-24. The design team delivered the final construction punch list and attended the ribbon cutting for the project, receiving much praise.

Goals of the project were
to add traffic calming
measures, incorporate
bike lanes, and improve pedestrian accessibility as there are two schools in close proximity to the project. In addition, the design team was requested to address access to private properties that had not previously been addressed at the time of the preliminary settlement agreement concepts. The design team provided alternatives for standard bike lanes and for a cycle track.

Although the pedestrian and bicycle coordinator at the City was not supportive of the cycle track alternative at first, the design team demonstrated the benefits in removing conflicts with the freeway on and off ramps and providing for a protected area for bicyclists separate from pedestrians, while still providing clean conforms back to the standard bike lanes. The City pedestrian and bicycle coordinator became “ excited about implementing this design.” Fehr and Peers assisted Diablo in providing an intersection treatment that provides options to cyclists and proper transitioning along with signal operations and timing to serve the various vehicular, bicycle and pedestrian users.

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INTERSTATE 880 PROJECT AT 29TH AND 23RD AVENUES, OAKLAND, CA Reference:

Val P. Ignacio, P.E.

Project Manager
Caltrans
111 Grand Ave
Oakland, CA 94612
510) 286-5086
val.ignacio@dot. ca.gov
Value of Services: Responsible for managing +$ 10,000,000 design fee over 11 years as an employee of RBF Consulting now Michael Baker International)
Budget Performance: To maintain continuity over many
years, several contract modifications were approved
Year( s) Work Performed: 2005 to Present. Team achieved several Infrastructure Bond milestone dates. The Client has expressed high satisfaction with ability to achieve schedules.

Team Members: Jennifer Harmon ( Project Engineer), Garrett Gritz (PM) Subconsultants: Diablo Engineering Group is a subconsultant to Michael Baker, however, Jennifer and Garrett were responsible for managing 10,000,000 design fee over 13 years as an employee of Michael Baker, then as Diablo ( sub)managed the other subconsultants for construction support services, including Fehr & Peers, AECOM, WMH Corporation, Earth Mechanics, Inc. and Haygood and Associates
Services: Street and Intersection Improvements ( Freeway and Local), Planning, Environmental, Geotechnical, Contaminated Materials, Bicycle and Pedestrian Enhancements, Utility, Right of Way, and Structural Design Project Description and Location:

Interstate 880 in downtown Oakland was
originally constructed in the mid-1940s, prior to
the publication of the Caltrans Highway Design
Manual ( HDM). The existing mainline freeway,
bridge overcrossings ( non-standard vertical
clearances), and on-ramps and off-ramps
interchange spacing) were not compliant with
the HDM. The Alameda County Congestion
Management Agency ( subsequently the
Alameda CTC), Caltrans, and the City of Oakland recognized the importance of improving this segment of I-880 in downtown Oakland. In addition, the local community encouraged elected officials to re-direct regional vehicles out of the residential neighborhood and construct a soundwall to reduce noise impacts on the neighborhood and provide safe pedestrian and bicycle enhancements.

Mr. Gritz and Ms. Harmon managed the preparation of a combined Project Study Report ( PSR)/ Project Report ( PR) and Environmental Document ED). After achieving the required PSR schedule and securing Federal Trade Corridor Improvement Fund (TCIF) funding, the client selected the team to prepare the PR, ED and final plans, specifications and estimates , and construction support. This complex two interchange project includes the new 29th Avenue first roundabout at on-ramp in the Bay Area. ACTC, Caltrans, and the City of Oakland have expressed appreciation for the history and consistency provided by Mr. Gritz and Ms. Harmon. In addition, Bike East Bay commended the team for working with them on a contract change order to enhance the bike improvements to preferences created during construction of the project. Ms. Harmon continues to provide right of way close-out services to the project scheduled to be completed in 2022.

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 8

PROJECT APPROACH

APPROACH TO LOW- STRESS URBAN BIKEWAY PROJECTS
The Diablo Engineering Group Team has developed a thoughtful approach and will implement a creative design strategy to deliver final designs for the 40th Street Transit- Only Lanes and Multimodal Enhancements Project. As we have implemented on previous low-stress urban bikeway projects, there are several key components to implementing our proven comprehensive approach. The Diablo Team will provide:

Exceptional Client Communication
Collaborative Design Team Solutions
An Understanding of Community and Stakeholder Goals
Cost Effective Design Solutions
Fulfillment of Budget and Schedule Requirements through Prioritization The Diablo Project Manager, with proven teamwork support from established subconsultant experts, will definitively provide the City with the above noted key project priorities. After fully understanding the details of the City priorities, the Diablo Project Manager will implement the following:

MANAGEMENT APPROACH
The management approach is crucial to the City obtaining the best maintainable built project at completion. The Diablo Team management approach has proven to be effective in meeting or exceeding client goals for completing the PS& E process, often ahead of schedule and within client approved budgets.

Our approach is consistent, and our managers are prepared to work in partnership as an extension of the City staff. We foresee our process as follows:

Understand and implement all city planning documents to ensure adherence to the City’ s design concept and planned criteria;
Early recognition of project issues to avoid engineering, maintenance, budgetary or scheduling difficulties;
Develop design conditions and criteria that follow the approved city codes/ standards, environmental criteria and current urban bikeway standards by Caltrans, National Association of City Transportation Officials ( NACTO) and MUTCD – note any necessary deviations will be discussed and documented;
Develop designs that are consistent with established goals and identify cost savings for alternatives ( Value Engineering);
Employ standard concepts to provide long term ease in city maintenance to preserve budget expenditures;
Meet and coordinate all engineering hardscapes and landscape with the City’ s Public Works maintenance personnel to ensure overall ease of future facility maintenance; Assist the City in the public outreach process that is crucial to obtaining geometric approval; Manage and coordinate with all sub-consultants on a weekly basis to keep the project team informed of deadlines;
Develop preliminary and final design for review by the city at the 35%, 65%, 95%, 100% and final stage of PS& E preparation;
Obtaining geometric approval at 35% is crucial to efficient production of final design; Provide final PS& E drawings for City Council approval and contract bidding; DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 9
Provide QA/ QC and Value Engineering to all stages of PS& E development to promote cost savings and constructability review; and
Provide monthly Progress Reports to City staff to fully describe the PS& E development.

BUDGET MONITORING AND PRIORITIES
The Diablo Team has extensive experience managing large complex projects involving multiple tasks, subtasks and subconsultants. Diablo will provide the City with a monthly progress report ( narrative and financial) in a format consistent with the City’ s expectations. Said progress report will identify percent compete on all of the tasks and subtasks so that the City’ s Project Manager can easily review the progress to date. If project priorities change and/ or additional services are required, reporting will be thorough such that the City PM will be able to easily report the current status of design development.

COMMUNICATION IS KEY
Communication between the City of Emeryville and Diablo is paramount to a successful project. Diablo understands that direction may change through the course of a project. We are available for a face to face meeting, as well as e-mail, texting, and telephone. The Project Manager, Ms. Harmon, is extremely responsive and will be responsible for providing the City frequent progress reports for all project tasks.

APPROACH TO 40TH STREET TRANSIT- ONLY LANES AND MULTIMODAL ENHANCEMENTS PROJECT In particular, the Diablo Team will collaborate with the City Team to implement the following design and coordination items for the Project.

Project Tasks

1. Project Management and Grant Management ( Lead by Jennifer Harmon of Diablo)

1.1. Regularly Scheduled Project Team Meetings: Consultant will coordinate and attend meetings, virtually or in person if allowable, to coordinate the project with the City Project Manager and other departments as needed, including:
a. Facilitate and attend weekly project meetings and other coordination meetings as needed,
b. Prepare meeting agendas and keep records of meeting minutes as well as key decisions,
c. Control, store, and maintain project records, through hard copy and/ or electronic media,

1.2. City/ Project Manager Communications and Consultations: Consultant will provide written project management communications and consultations to document critical decisions throughout the development of the project and preparation of design.

1.3. Partner Agency (Staff) Coordination and/ or Meetings: Consultant will coordinate and attend meetings, virtually or in person if allowable, to coordinate the project with the partner agencies, including:
a. Facilitate and attend project meetings and other coordination meetings as needed, DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 10
b. Prepare meeting agendas and keep records of meeting minutes as well as key decisions,
c. Control, store, and maintain project records, through hard copy and/ or electronic media,

1.4. Develop and Update Project Schedule: Consultant will develop and update the project schedule in Microsoft Project, Excel, or Word, depending on client’ s preference. As anything changes, updates to the schedule will be discussed at the weekly coordination meetings.

1.5. Manage SB1 ATP Cycle 5 Grant Funding Agreement Tasks: Consultant will review the grant funding agreement and track all necessary tasks to keep the project compliant with the grant funding agreement.

1.6. Manage ACTC Forms and Reports Deliverables: Consultant will prepare forms and status reports for ACTC and track all necessary deliverables to keep the project compliant with the grant funding agreement.

1.7. Perform Project Administration Tasks: Consultant will provide project management and coordination services throughout the development of the project and preparation of design, including:
a. Act as a single point of contact for all team members, b. Coordinate project activities with all team members and stakeholders, c. Monitor project progress, milestones, and critical path actions, d. Monitor project budget and submit invoices,
e. Submit required documents to ensure a successful project delivery, f. Provide QA/ QC on all formal submittals to the City and other stakeholders.

Deliverables
Project Meeting Notes and Action Items
Written Documentation of Key Decisions
Detailed Project Schedule
Grant Funding Agreement Tracking Document
ACTC Forms and Status Reports
Project Invoicing and Status

2. Environmental ( Lead by Gail Ervin of NCE)

2.1. Review Existing Project Environmental Approvals: NCE will review past actions by the City related to the environmental clearance of the Project. The Project is currently cleared through CEQA, and NCE will confirm that no changes in circumstances or project design would alter the previous determination.

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2.2. Prepare Memo of NEPA Environmental Recommendations: NCE will prepare a memo that explains the options for the City as it relates to pros and cons of seeking NEPA environmental clearance with consideration to funding opportunities for future phases of the Project.

2.3. Pavement Investigation and Design: Because the existing pavement appears to be in good condition, the pavement investigation is intended to understand subsurface conditions for planned excavations within the roadway and pavement design is intended to address areas where pavement reconstruction section design is required for concrete bulbouts and planned excavations. This scope is not intended to address project- wide pavement resurfacing design.

NCE will collect pavement section core samples ( 4” – 8” diameter cores) on the Project section at locations determined by the design team. Our current fee estimate assumes up to 8 core locations that we estimate will take 2 days to complete. For each core sample, NCE will measure and record the thickness and material type of each layer encountered in the pavement structural section, including the presence of any pavement reinforcing fabric.

Bulk samples of subgrade will be obtained in support of potential street reconstruction. We will collect bulk samples of subgrade materials at the core locations for laboratory testing such as Rvalue, moisture content and Atterberg Limits ( plasticity index) determinations. Our current fees assume up to 4 bulk samples will be obtained for testing. The presence of AB will be measured at all cores. A dynamic cone penetrometer may also be advanced at critical core locations to estimate AB and subgrade layer properties.

NCE will apply for and obtain a no fee encroachment (or similar) permit from the City prior to starting the pavement coring. Preparation of individual traffic control plans for coring is assumed not to be required.

Using the coring and subgrade data, NCE will perform pavement analysis and design services and develop pavement reconstruction, and as needed resurfacing, recommendations. NCE will perform its analysis in accordance with the Caltrans Highway Design Manual. NCE will develop pavement structural section recommendations expressed in the form of a Traffic Index (TI) that will be provided by the City.

NCE will then summarize its recommendations in a Pavement Design Technical Memorandum to the City that, at a minimum, will include the following:

Results of coring and laboratory analyses
Description of testing procedures and analysis performed for the project Recommended alternatives for pavement reconstruction and potential resurfacing NCE will submit an electronic copy of its draft technical memorandum to the City for initial review.

Upon receipt of any comments from the City, NCE will then prepare its final technical memorandum, which will be signed and stamped by NCE’ s Pavement Engineer. A reproducible copy of the final technical memorandum will then be provided to the City reflecting any comments on the draft technical memorandum.

2.4. Optional NEPA Clearance Assuming Caltrans Funding: If Caltrans funding is available, NCE will draft a Preliminary Environment Study (PES) and prepare and submit the request for a Field Review by Caltrans District 4. Following the field review, Caltrans determines the DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 12
environmental studies required to achieve NEPA clearance. Based on our experience and preliminary review of the environment and resources near the proposed project area, we have included in this scope and fee the technical studies that we anticipate will be required by Caltrans, as outlined in the following tasks. However, should Caltrans require a NEPA document other than a categorical exclusion, or additional technical studies other than those listed in the deliverables below (i.e., Phase I ESA), NCE can provide these services for additional scope and fee.

Meeting Summary of Field Review
Preliminary Environmental Study ( PES) Section A (Exhibit 6-A in the Local Assistance Procedures Manual)
PES supporting notes
Field Review Form (Exhibit 7-B)
Field Review Cover Letter

2.5. Federal Emergency Management Agency ( FEMA) Floodplain Maps (i.e., Firmettes)

2.6. Biological Technical Memo, including U.S. Fish and Wildlife Service ( USFWS) Species List by Quad and Endangered Species Lists from NMFS, and Wetlands Inventory Map

2.7. Visual Impact Assessment Questionnaire

2.8. Equipment Staging Technical Memo

2.9. Cultural Resources
Area of Potential Effect Map
Technical memo, with North Central Information Center records search and Native American Heritage Commission Sacred Lands Search

2.10. Water Quality Technical Memo

2.11. Hazardous Materials Technical Memo with Geotracker Hazardous Waste Information

2.12. Hydrology
Summary Floodplain Encroachment Report Technical Memo
Location Hydraulic Study

2.13. ROW Information Technical Memo – Diablo: Scope assumes:

No right of way takes, only permits to enter and construct and potentially minor pedestrian easements

2.14. Traffic Technical Memo – F& P: Scope assumes:

We are using the technical analysis output from other tasks in Task 3 We can qualitatively address the rejected alternatives
We do not need to forecast traffic growth
We do not need to conduct technical analysis of the forecast traffic growth Deliverables
Confirmation of Previous CEQA Determination
Draft & Final Technical Memorandums for each Task 2 Memo

3. Traffic Impact Assessment ( Lead by Rob Rees of Fehr & Peers) Fehr & Peers will rely on the VISSIM microsimulation model developed for the 40th and San Pablo Bus Hub Project to evaluate how the project affects to multimodal transportation. The model also includes San Pablo Avenue between Park and Adeline Streets so that those corridor improvements can be incorporated.

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The effects of the project on the existing circulation system are best evaluated against the existing pre- or post- COVID) conditions because stakeholders and the public at-large have a solid understanding of the existing environment and can therefore understand how the project would change conditions.

The traditional approach, calculating 10- or 20-year forecasts and designing the street based on the forecasts, introduces uncertainty into the design and community members have a difficult time understanding the project’ s impact on the transportation network because forecasted conditions are difficult to visualize and connect with today’ s transportation environment. Traffic forecasts have also been proven to be “ unreliable” and in all instances they are “ unconstrained”.

Forecasts are “ unreliable” in the sense that it is common for forecasts to be as much as 30 or 40 percent too high. Telegraph Avenue in Oakland is a good example of this phenomenon. City staff Jamie Parks and Jason Patton) researched historic traffic trends on Telegraph Avenue and determined that traffic levels in the 1980s were like traffic levels in the 2000s. Yet, environmental studies during these same periods forecast traffic growth of 1 to 2 percent per year. As a result, streets were being design for traffic forecasts that never occurred.

Unconstrained” forecasts mean that the analyst assigns 100% of the calculated traffic growth to the street network. The reality is that nearby major corridors such as I -80, Ashby Avenue, and San Pablo Avenue are already heavily trafficked and cannot carry more “ peak hour” traffic than what exists today. Analysists then design streets assuming that all 100% of the traffic growth uses the facility.

Lake Merritt Boulevard in Oakland provides a good example of this phenomenon – “ unreliable” and “ unconstrained” forecasts. The City of Oakland undertook a major investment to widen and enhance Lake Merritt Boulevard ( 12th Street Reconstruction Project). The work was designed based on 20-year forecasts and had 6+ lanes for automobile traffic. It is a beautiful project but in 2019, about fifteen years after the environmental studies, the street was so underutilized by automobile traffic that the City undertook efforts to redesign the street to include bus only lanes and separated bike lanes by taking away automobile lanes.

3.1. Expand Existing VISSIM Model – Expand the available weekday AM and PM peak period VISSIM model to incorporate multimodal traffic volumes at all intersecting public streets between the Adeline Street and IKEA intersections.

3.2. Execute Existing VISSIM Model – Execute the VISSIM model to establish the existing transportation characteristics for the corridor. Measures of Effectiveness may include bus maneuvering time at bus stops, end-to-end multimodal travel times, origin-destination pair multimodal travel times, average motor vehicle and bus speeds, motor vehicle and bus queues, intersection delay and level of service, and systemwide measures such as vehicle and passenger hours of delay.

3.3. Traffic Diversion Study – Diversion traffic assignments will be undertaken for the side streets that are planned to be cul-de-sacs at 40th Street. The specific side streets and configurations will be identified through conversations with the project team, city, and input from stakeholders and public as appropriate. The traffic volumes to/from the side streets will be reassigned to the street network and then summed with existing traffic volumes to establish DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 14
Project Traffic. Local access changes from the side street reconfigurations will also be illustrated so the city, stakeholders, and the public can understand how people will access affected local uses with the project. These graphics may also be used by the Team and the City when meeting with affected property owners and businesses.

3.4. Execute Project VISSIM Model – Project Traffic will be incorporated into the VISSIM model along with the project’ s multimodal geometrics for walking, bicycling, transit, and motor vehicles. Signal optimization parameters will be established with the city and then signal optimization will be incorporated into the VISSIM model. Bus stop locations will be discussed with AC Transit and Emery Go-Round and then incorporated into the model along with any bus route or headway changes. The measures of effectiveness derived from the exi sting analysis will be reevaluated with Project Traffic.

3.5. Multimodal Traffic Operations Documentation: The findings from the above tasks will be documented in a multimodal operations report with specific findings and recommendations addressing the project changes to walking, bicycling, transit, and motor vehicle uses as well as local access. The draft report will be provided to the Team and the City for review and comments and the report will be finalized based on one round of comments from each.

4. Public Outreach ( Lead by Phil Erickson of CD+A)
The public outreach process can build from the successful outreach efforts during the earlier public engagement during the PA/ ED phase of the Project. CD+A and Fehr & Peers assisted Emeryville staff in a series of outreach events and a survey, as well as through the committee, commission and City Council review and approval process. Our approach for public and agency outreach is focused on being efficient by targeting outreach to the needs of the Project and managing the process to avoid project delays. We have organized the outreach process into three subtasks.

Task 4.1 Community Outreach which will address providing the broader community with information about the progress on the project; engaging property owners, tenants, residents and other stakeholders who would have an interest in the design refinements to the uncontrolled intersections on the northside of 40th Street between San Pablo Avenue and the Shellmound Bridge and the limited number of buildings that have entrances directly fronting onto the northside of 40th Street, and engagement with bus riders and bicyclists, through meetings with advocacy groups and intercept surveys on the street regarding refinements to the design that most affect them.

We believe that the public outreach process during the PS& E phase can for the most part be focused on smaller- scale engagement with the property owners, tenants, residents, and other stakeholders that will be most directly affected by the improvements. General community engagement will focus on informing the public about how the project is proceeding with communication be administered through a Project webpage and with budget set aside for smaller- scaled meetings and phone calls when needed.

4.1. Facilitate Community Engagement Meetings: The Emeryville website currently has a project webpage in the Community Development section of the website. This webpage should be updated and moved to the Public Works section and be used to provide general information about the timing and development of the PS& E phase. A link to a project email address can be provided. This will provide the opportunity for people to make comments and ask questions.

CD+A will work with staff to review any comments or questions and provide responses either through email, phone call, or in limited cases a follow up in-person or virtual meeting. CD+A DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 15
will work with other members of the team and City staff to provide text and images for content on the webpage, this will include providing schedule for city committee, commission, and council meetings that occur as part of the PS& E phase of the project.

Northside of 40th Design Engagement
This part of the community outreach will focus on engagement with property owners, tenants, and residents of properties that have access to the four uncontrolled intersections of the north side of the street which City Council requested be assessed for full or partial closure in this phase of the project, including:

Watts Street which has 5 properties with a mix of industrial and commercial uses; some of the properties are multitenant.

Haven Street which has 3 private properties and the City Hall, future Emeryville Center for the Arts, and city parking lot accessed from it. Private uses include the Besler Building, a multiunit live/ work loft, and multitenant industrial condominium building.

Holden Street has 7 properties including Granite Expo and their parking lot as well as a pickup roll up door very close to the 40th Street intersection, the Icon Apartments with over 50 units and garage access from Holden.

Hubbard Street has 6 properties including the Rug Depot with a parking lot entry tight to 40th Street, Pottery & Beyond, an appraiser service, a prototyping manufacturer, and the former Plum building which access Hubbard.

CD+A will gather contact information for property and business owners, tenants, condominium associations, and building managers so that contact can be made to inform them about the study of potential access changes at the 40th Street intersections. We recommend that interactions with these stakeholders initially occur on a property- by-property basis in order to avoid having individual stakeholders create broader and undue concerns amongst many users along an affected street. Individual virtual or in-person meetings with the Besler Building homeowners’ association, the Granit Expo, and the Rug Depot given their proximity to the intersections. Four group virtual or in-person meetings will occur with the other stakeholders on each of the four intersecting streets.

In addition to the uses associated with the uncontrolled intersection, a virtual or in-person meeting will be held with the management of the Watermark assisted living and memory care community at Horton Street and 40th Street to discuss refinements to the Project design in front of their main entry on 40th Street. The design refinements will be based on discussions with city staff including the ADA Coordinator and Emeryville Fire Department and the ambulance companies that provide service to the community, and a meeting with AC Transit staff to discuss the recommended refinements.

Bus Rider and Bicycle Rider Engagement
It is our understanding that AC Transit has become concerned with recent implementation of floating transit islands with bicycle bypasses, having heard concerns about access and comfort of bus riders.

Therefore, we are recommending that effort be put into engagem ent with advocacy groups and through intercept surveys with bus riders at stops along 40th Street.

Advocacy Group Focus Group Meeting – given that the issues to address relate to potential conflicts between transit riders and cyclists this will be a single focus group meeting with Bike East Bay, East Bay Transit Riders Union, AC Transit and city staff with CD+A and Diablo to discuss details of the transit island and bicycle bypass design at for the Transit Hub and a stop to the west of San Pablo Avenue.

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Intercept Interviews – CD+A staff will do intercept interviews with bus riders at the Transit Hub and stops to the west of San Pablo Avenue to get feedback on the refined transit island and bicycle bypass designs.

Deliverables
General Community Outreach:

Draft and final initial project description and schedule text for the project webpage and periodic updating of information for the project webpage.

Draft and final written responses to webpage public comments and limited follow up phone calls with public commentors up to the amount budgeted.

Northside of 40th Design Engagement:

Contact and initial phone calls to stakeholders along the four northside blocks.

Three in-person or virtual meetings with key stakeholders on the northside blocks and four small group meetings, one for each northside block attended by Diablo and CD+A. Draft and final agendas and meeting summaries will be provided.

In-person or virtual meeting with management for the Watermark assisted living and memory care community attended by one person from Fehr & Peers and CD+A. Draft and final agenda and meeting summary will be provided.

Bus Rider and Bicycle Rider Engagement:

Focus group meeting with Bike East Bay, East Bay Transit Riders Union, AC Transit and city staff with one person from Diablo and CD+A. Draft and final agenda and meeting summary will be provided.

4.2. Agency Engagement: Consultant will Coordinate Meetings with AC Transit, Emery Go-Round, and the San Pablo Multimodal Corridor Team.

In addition to AC Transit’ s concerns with floating transit islands and bicycle bypass design, AC Transit has also been working with the San Pablo Avenue Multimodal corridor team and other projects regarding paratransit access on streets with protected bikeways. An initial meeting, early in the project schedule, will be help with AC Transit to discuss these concerns in relation to the bus stop designs in the project. After the Diablo team has worked with city staff, including the city’ s ADA Coordinator, to develop design refinements a follow up bus stop design session will be held with AC Transit and Emery Go-Round staff.

After completion of the 35% design plans, the Diablo team will support city staff in preparing for and attending a meeting of the AC Transit-Emeryville Interagency Liaison Committee to review the design and status of the project, including an update on community engagement and feedback on design refinements to the project.

Deliverables
Draft and final agenda, meeting attendance, and meeting summary within budget allocated.

4.3. City Committees and Council Meetings: Following completion of 35% design plans, these will be presented at a series of Emeryville committee meetings and to City Council. The Diablo Team will work with city staff to prepare the staff reports and presentations for these meetings and be available to present and answer questions at the meetings. The following are the committee meetings that are anticipated to be attended:

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 17
Bicycle/ Pedestrian Advisory Committee – This meeting will focus on the bicycle and pedestrian improvements included in the plans and relationship to vehicular and bus circulation and resolution of potential conflicts. This committee meets monthly on the 1st Monday at 5:30pm, except for January and August.

Park and Recreation Committee – This meeting will focus on streetscape design and particularly the design of the new plaza at the Bay Trail and Ikea intersection with Shellmound Street. This committee meets monthly on the 3rd Wednesday at 5:30pm.

Public Art Committee – This meeting will focus on the opportunities for public art, including existing programs such as the Bus Shelter public art program, and the potential for artistic enhancement of streetscape improvements that are part of the project, such as railings between the transit islands and the bikeway at the Transit Hub and possibly at stops to the west of San Pablo Avenue. This committee meets monthly on the 2nd Thursday of the month, except for the 1st Thursday in October, at 5:30pm.

Transportation Committee – This meeting, with this committee of the City Council, will give an overview of the entire project with a focus on the design refinements to the four northside unsignalized intersections with 40th Street, and other refinements to the bikeway and transit stops. This will be the last of the committee meetings so that feedback from the other committees can also be presented. This committee meets monthly on the 2nd Thursday of the month at 9:00am.

City Council Meeting – This meeting will provide a summary of input and response to public, partner agency, and committee input regarding the design of the project to date. We plan to get Council buy off on the 35% plans and estimate per the proposed schedule. Council meetings are usually held the 1st and 3rd Tuesdays of the month, except for the 1st Tuesday in January and for the month of August in the evening.

Deliverables
Text and illustrations for integration into staff reports and presentations will be provided by the Diablo Team.

Meeting attendance

5. PS& E Design Services ( Lead by Jennifer Harmon of Diablo)

5.1. Develop Corridor Planimetric and Topographic Surveys: MNS will establish project control, conduct topographic surveying, research right of way, and perform right of way engineering Consultant will provide the following:

Topographic Mapping Base Sheet
This task shall include all field surveying and office calculations/ drafting required to prepare a design level topographic map of the project area. The initial survey effort will be an aerial topographic mapping base sheet prepared at a scale of 1” = 20’ and showing contours at one - foot intervals and spot elevations on an approximate 40-foot grid throughout the project area.

The mapping limit for this effort will be 50’ beyond the back of sidewalk for the length of the proposed improvements.

The aerial mapping will capture substantial existing surface features such as buildings, fences, roads/ driveways, pathways/ trails, misc. hardscape, surface utilities (with invert elev. for gravity systems), signs, tree trunk locations ( over 6” in diam.), and other observed significant features, all to the extent visible in the aerial photography.

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 18
The survey will be based upon the NAD83 & NAVD88 and horizontal and vertical datums, respectively. The final deliverable for this task shall be survey control information for all control points established ( for later use as cons truction layout control), and an AutoCAD C3D drawing file of the completed topographic survey, including a Civil3D surface. In addition, a digital color orthophoto will be provided as a part of the aerial mapping effort.

Supplemental Field Surveys
After a review of the initial aerial mapping effort and initial analysis of the project design considerations, supplemental field surveys will be performed in areas where more detailed field surveys are required to complete the design effort. Where applicable/ required, additional field surveys will be performed, which will likely include data collected as follows:

Cross- sections at 50’ intervals, along with additional spot elevations as required to define the road alignment and grade, as well as the slope/ bank. Typically, the cross section will include top or toe of banks, ditches, edge and centerline of pavement, and grade breaks.

Surveyed locations for significant surface features, such as pavement or concrete, driveways, striping, fences, surface utilities, trees (4” diam. and larger), signs, utility poles, and street lights will be included. Sanitary and storm drain structures will include rim elevations, invert elevations, pipe size & direction for all accessible structures within the mapping limit.

Location of all recovered street monumentation within the mapping corridor ( for preservation and Record R/ W purposes).

Location of underground utility locator markings ( if any – to be provided by others).

Provide a finish drafted topographic survey in AutoCAD Civil3D, including an enhanced dtm surface in the areas where supplemental surveys were performed.

Deliverables
Topographic Mapping Base in AutoCAD Civil3D

5.2. Develop Right of Way and Existing Utility Base Mapping: Utilizing the control network established in Task 5.1 above, MNS will perform the additional effort required to perform records research, search and tie existing monuments, and determine the record data right of way lines for the length of the project. In addition the adjacent parcel sidelines will be incorporated into this effort, depicting sidelines based upon Assessor Map data and lines of occupation. It should be noted the proposed level of effort in this task is not a full field survey boundary effort, but is anticipated to fulfill the needs of the project.

Deliverables
Right of Way Mapping Base in AutoCAD Civil3D

5.3. Facilitate Conceptual Geometric Design Development: Consultant will request and review base maps including as-builts, utility plans, existing conditions, City standards and other pertinent information to design the project. City to provide any Emeryville- specific specifications and details that may be pertinent to the project.

Consultant will evaluate the existing conceptual plans and coordinate any concerns with geometric constraints, including bus stop access and truck turning movements.

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 19
Consultant will review and coordinate potential modifications to side street access to be updated on the geometric approval drawings.

Deliverables
Consultant will document revisions to the conceptual plans to be incorporated into the geometric approval drawings.

5.4. Develop and Finalize Geometric Approval Drawings ( 35% Mileston e): Consultant will scope major elements of the project with input from the City. Securing City and AC Transit approval of the project geometry is a very important project milestone. There will likely be impacts to the geometry based on the details collected along the corridor. The Consultant will prepare preliminary drawings at a scale of 1”= 20’ which will reflect the agreed upon geometric information. The drawings will clearly identify the number of vehicle lanes and widths, horizontal curb alignments, geometric design for the cycletrack, sidewalk conforms, bicycle lanes/ routes conforms, approach to any storm drain system modifications, the locations of proposed ADA compliant curb ramp improvements, transitions, and join conditions.

Recommended green infrastructure to be illustrated. Consultant will assess the existing and proposed truck turning and fire engine access based upon agreed upon design vehicles for various movements. This analysis will be incorporated into the 35% design plans. Street sections to facilitate buy off on geometry will also be included.

Fehr & Peers will assess existing traffic signal equipment and phasing at the seven signalized intersections. Any required signal modification recommendations to best accommodate all users to be evaluated and costs estimated. The signals will incorporate the new bicycle and transit infrastructure and modified street geometry. Consultant will prepare 35% plan sheets of the signalized intersections based on the as-built plans and field investigations. The plan sheets will show existing and proposed poles, equipment, and phasing and will be coordinated with civil curb ramp improvements. Consultant will also provide proposed streetlight locations.

CD+A will develop 35% conceptual landscape, hardscape, site furnishings, and wayfinding location plans, and consider potential types and identify locations for public art opportunities.

Scope assumes this design work will build upon the Extended 40th Street Multimodal Concept Design Draft Plans prepared earlier for the project.

Work effort to include:

Landscape – Verification of street trees as illustrated in the Concept Design Plans and the potential for trees within corner bulb outs at the intersection of northern cross streets with 40th St; verification of general landscape and green infrastructure planting areas such as in the side medians; extension of decomposed granite path at the existing plaza located west of 40th, at the northern terminus near Ikea; and development of a plant palette for the Project. The plant palette will be inclusive of plants that tolerate recycled water and green infrastructure conditions.

Hardscape – Verification of hardscape treatments such as colored pavement for bus transit stops and colored and/ or textured plaza pavement, and use of pavement materials and patterns to reconstruct areas where existing enhanced pavements are used and curblines are being realigned, such as the use of brick, tile, and score lines at the San Pablo Ave intersection.

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 20
Site furnishings – Review and verification of site furnishings such as bus shelters, transit island railings, benches, refuse bins, bollards, and selection of new pedestrian lights at transit stops and generally along 40th St.

Wayfinding signs – Preparation of a conceptual pedestrian and bicycle wayfinding plan identifying locations of wayfinding signs and sign types for the review and approval by the city.

Budget assumes placement of up to 36 bicycle and 16 pedestrian wayfinding signs. The two existing MUTCD style wayfinding signs located near Ikea and Shellmound St. intersection are assumed to to either remain in place or be re-installed at the completion of the project.

Public art – CD+A will develop a public art implementation strategy that will identify potential types and locations of public art opportunities such as bus shelter ad panels, integration into bus shelter windscreens or panels, art panels in the railing along the back of transit islands and/ or as attachments to pedestrian and street light poles, and special art opportunities at the near- side west bound Hollis bus stop given its adjacency of the future Emeryville Center for the Arts and in the western plaza near Ikea. This effort would include discussions with the city about whether public art is integral to the design elements or placed after the project is constructed.

For instance, the TEMPO BRT project CD+A was involved with integrated art enhancements into the bus shelters and railings as part of the construction contract. Public art can also be done as a separate contract after the construction of this street and transit project.

Based on one consolidated set of City staff and community comments, the Consultant will revise the geometric drawings and establish the final base plans to use for the PS& E phase of the project. These drawings will show pedestrian scale lighti ng as described below. The final version of the geometric approval drawings is to be approved by the City before commencing with 65% plans and estimates.

Deliverables
Geometric Approval Drawings in PDF format

5.5. Develop Final Construction Drawings ( 65% Milestone): Consultant will review city comments on the 35% submittal and prepare and submit written responses to them, and AC Transit comments related to improvements at bus stops including the Transit Hub. The Diablo Team will respond to comments as appropriate and prepare 65% design plans taking comments into account.

Consultant anticipates providing the following 160 total plan sheets. Separate demolition plans to show items to be removed, saw-cut lines, areas removed, cold milling, and utilities to be protected/ adjusted. Utilities will be shown on the demolition plans. It is anticipated that only lid adjustments to grade will be required on the civil plans and that no major utility relocations will be required. Finish grading will be shown on the improvement plans and grading details.

Diablo will control the master base files and keep consultants informed of any updates.

The two new landscape/ green infrastructure areas west of 40th St., at the northern terminus near Ikea, are assumed to have a base condition of mulch. As an Optional Task, CD+A and their irrigation subconsultant can coordinate with the city about the extent of new landscape and irrigation to be provided in this area. Much of the existing surrounding landscape in this area DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 21
has died back and it is unclear how much of this area the city may wish to have redesigned with new landscape and irrigation. If the city wishes to include this Optional Task, CD+A and their irrigation subconsultant can provide scope and budget once the area of new improvements are known. The following are key irrigation assumptions:

All new trees to be irrigated by a permanent system.

All other areas identified as new landscape/ green infrastructure opportunities and the one new median in 40th St will be irrigated for inclusion of groundcovers, grasses, perennials, and/ or shrubs.

Designed for recycled water.

Deliverables
The following Drawings in PDF format ( all drawings may not be included in the 65% milestone) S. NO. SHEET NO. SHEET TITLE LEAD
1 T-01 COVER SHEET, INDEX OF SHEETS, LOCATION MAP AND COUNCIL DISTRICT MAP DIABLO 2 GN-01 LEGEND, ABBREVIATIONS AND GENERAL NOTES DIABLO
3 GN-02 CONSTRUCTION NOTES DIABLO
4 HC-01 KEY MAP AND HORIZONTAL CONTROL PLAN DIABLO/MNS
5 TX-01 TYPICAL CROSS SECTIONS - SHELLMOUND STREET DIABLO 6 TX-02 TYPICAL CROSS SECTIONS - 40TH ST DIABLO
7-10 D-01 TO D-04 MISCELLANEOUS DETAILS DIABLO
11-20 DM-01 TO DM-10 DEMOLITION PLANS DIABLO
21-30 ST-01 TO ST-10 STREET IMPROVEMENT PLANS DIABLO
31-44 G-01 TO G-14 GRADING DETAILS AT INTERSECTIONS DIABLO/MNS 45-50 G-15 TO G-20 GRADING DETAILS AT BIORETENTION AREAS DIABLO 51-60 SD-01 TO SD-10 STORM DRAIN PLAN AND PROFILE DIABLO 61 SD-11 STORM DRAIN DETAILS DIABLO
62-63 S-01 TO S-02 SIGNING AND STRIPING PLAN - GENERAL NOTES AND DETAILS MNS 64-75 S-03 TO S-14 SIGNING AND STRIPING PLANS MNS
53 E-01 TRAFFIC SIGNAL AND LIGHTING NOTES F&P
54-67 E-02 TO E-15 TRAFFIC SIGNAL MODIFICATION PLANS FOR 7 INTERSECTIONS F&P 68-73 E-16 TO E-21 STREET LIGHTING PLANS F&P
74 E22 STREET LIGHTING DETAILS F&P
75 B-01 BRIDGE DETAILS DIABLO
76 L-01 PLANT PALETTE, NOTE AND ABBREVIATIONS CD+A
77-90 L-02 TO L-15 LANDSCAPE, TREE PROTECTION, HARDSCAPE, AND SITE FURNISHINGS PLANS CD+A 77-103 L-02 TO L-28 LANDSCAPE, TREE PROTECTION, HARDSCAPE, AND SITE FURNISHINGS DETAILS CD+A 104 I-01 IRRIGATION LEGEND, NOTES, ABBREVIATIONS Irrigation Designer 105-118 I-01 TO I-15 IRRIGATION PLANS Irrigation Designer 105-124 I-16 TO I-21 IRRIGATION DETAILS AND WATER CALCULATIONS Irrigation Designer 125 W-01 WAYFINDING SIGNAGE LEGEND, NOTES, ABBREVIATIONS CD+A 125-139 W-02 TO W-15 WAYFINDING SIGNAGE PLANS CD+A
126 - 147 W-16 TO W-23 WAYFINDING SIGNAGE SCHEDULES AND DETAILS CD+A 148-160 23? CONSTRUCTION STAGING & TRAFFIC HANDLING MNS

INDEX OF SHEETS
DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 22

5.6. Develop Final Construction Drawings ( 95% Milestone): Consultant will review city comments on the 65% submittal and prepare and submit written responses to them, and AC Transit comments related to improvements at bus stops including the Transit Hub. If received, consultant will also respond to Caltrans comments. The Diablo Team will respond to comments as appropriate and prepare 95% design plans taking comments into account.

Deliverables
The Drawings in PDF format ( all drawings will be included in the 95% milestone)

5.7. Develop Final Construction Drawings ( 100% Milestone): Consultant will review city, AC Transit and Caltrans comments on the 95% submittal and prepare and submit written responses to them. The Diablo Team will respond to comments as appropriate and prepare 100% design plans taking comments into account.

Deliverables
The Drawings in PDF format

5.8. Develop Final Construction Drawings ( Final PS& E Milestone): Consultant will review city, AC Transit and Caltrans comments on the 100% submittal and prepare and submit written responses to them. The Diablo Team will respond to comments as appropriate and prepare final plans, specifications, and estimate taking comments into account.

Deliverables
The Drawings in PDF and CADD format

5.9. Prepare Updated Construction Cost Estimate ( 35%, 65%, 95%, 100%, Final): Consultant will prepare the construction cost estimate prepared in City of Emeryville format if applicable with the 35%, 65%, 95%, 100%, Final submittals. Consultant will calculate quantities with quantity backup sheets and will use unit costs based on recent relevant projects bid within the area.

Budget assumes no redirection of design and minor comments. Cost estimate will be prepared to its level of specificity appropriate for each level of submittal.

Deliverables
Each Estimate in PDF and Microsoft Excel format

5.10. Prepare Project Specifications ( 65%, 95%, 100%, Final): Consultant will prepare and refine the project technical special provisions for plan items based upon the submittal comments received from the city and using the City’ s boiler plate template and Caltrans standard specifications. It is assumed that no redirection of design and minor comments.

Specifications will be developed to their level of specificity appropriate for each level of submittal.

Deliverables
Each Set of Special Provisions in PDF and Microsoft Word format

5.11. Utility Coordination: Consultant will submit utility requests on City’ s behalf. Consultant will gather utility information in the project area. This will include but it is not limited to sending utility information letters, contacting utility companies by phone or email to gather as builts or DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 23
maps. Information collected will be drafted onto a utility CADD base file and reflected on the plans. Consultant will attempt to avoid utility relocation. If utilities must be relocated, consultant to coordinate plans prepared separately by associated utility company. It is assumed that most conflicts could be avoid and that no major utility relocations are required. Potholing is limited to the available budget, unless additional budget is approved by the City.

Deliverables
Utility request documentation and tracking matrix
Identify the utility conflicts and coordinate potholing

5.12. Photometric Study: Fehr & Peers will prepare a photometric analysis for the Project incorporating intersection and corridor lighting. This analysis assumes that the existing lighting infrastructure and theme will be used with the project. First, lighting design guidelines will be established with the city for use in evaluating the project. The guidelines will be documented with a draft technical memorandum that identifies the type of existing equipment and the preferred lighting levels for the intersections and corridor with the project. Next, a photometric model using lighting software will be prepared for the existing intersections and corridor and lighting measures of effectiveness calculated. The project’ s changes to the existing lighting infrastructure will be incorporated into the model and lighting measures of effectiveness calculated for the project. The draft technical memorandum will be updated to incorporate the lighting analysis and lighting recommendations with the project. The documentation will be provided to the team and city for one round of consolidated comments and then the documentation will be finalized.

Deliverables
Draft and final technical memorandum in PDF format

6. Project Approvals ( Lead by Jennifer Harmon of Diablo)

6.1. Coordinate and Manage PS& E Reviews and Approvals ( City of Emeryville): Consultant will coordinate and manage PS& E Reviews and Approvals with City of Emeryville through focus meetings talking through complex comments with appropriate staff members in the same room, either physically or virtually.

6.2. Coordinate and Manage PS& E Reviews and Approvals ( City of Oakland): Consultant will coordinate and manage PS& E Reviews and Approvals with City of Oakland through focus meetings talking through complex comments with appropriate staff members in the same room, either physically or virtually.

6.3. Coordinate and Manage PS& E Reviews and Approvals ( Caltrans): Consultant will coordinate and manage PS& E Reviews and Approvals with Caltrans through focus meetings talking through complex comments with appropriate staff members in the same room, either physically or virtually.

Deliverables
Review and approval documentation in PDF and Microsoft Word format

6.4. Caltrans LAPM Forms: Consultant will prepare forms per Chapters 10 through 15 of the Caltrans Local Assistance Procedure Manual (LAPM). We understand the importance of having detailed and accurate contract administration for the agency to receive 100% reimbursement of the DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 24
federal funding allocated to the project.

Deliverables
Local Assistance Coordination
Right of Way (& Utility) Certification ( Notice to Owners, Mapping, Potholing) Boilerplate Provisions Included in City Format “ Bid Book” PS& E Checklist
PIF and Design Exceptions if needed
Finance Letter, Signed PS& E, E-76 for Construction

7. Project Approvals ( Lead by Garrett Gritz of Diablo)

7.1. Evaluate Grant Opportunities: Consultant will coordinate and summarize current grant opportunities available in the summer of 2023.

7.2. Support the City with Grant Writing: Consultant will support the city with grant writing, including narrative, mapping, exhibits, and forms. Budget assumes up to 56 hours of consultant effort for this task.

Deliverables
Summary of grant opportunities and how well the project would show for the grant Support narrative, exhibits and forms as coordinated with the City within budget

QA/ QC PLAN
The Diablo Team' s approach for Quality Assurance/ Quality Control is to remove barriers so that each person can complete each element of the project correctly, the first time. This starts with designation of individuals with appropriate experience and availability to manage each project task or assignment for the project. A second key element is to achieve a complete understanding and commitment from each team member regarding the scope of services, their project responsibilities within the work scope as well as the budget and schedule. A third element is to provide a structured process for review of the work, especially for deliverables. Mr. Gritz will use his 34 years of experience to assure a successful process. Mr.

Gritz has a broad perspective of the various disciplines and plan types that comprise a complete PS& E, and he has a keen eye to review, question and facilitate a comprehensive QA/ QC process. In addition, our team includes key engineers from MNS with extensive experience preparing complete streets improvements, pavement delineation, signage, stage construction and traffic handling plans for projects big and small – from local streets to $500,000,000 HOV and freeway widening projects.

HOURS APPROXIMATED BY TEAM MEMBERS
The Diablo Team has an excellent reputation of fulfilling project schedule commitments. Our team is committed to the 40th Street Transit-Only Lanes and Multimodal Enhancements Project and key team members identified in this proposal will fulfill this commitment and deliver this project. The following are estimated hours by firm and position (totals by firm are at the bottom of page 29). This information is also provided in the backup spreadsheets in the fee estimate ( sealed envelope).

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 25
Diablo Engineering Group
Prepared For: City of Emeryville
40th Street Transit-Only Lanes and Multimodal Enhancements Project Tasks Supporting the 40th Street Transit- Only Lanes/Multimodal Enhancements Project Project
Manager/
Engineer
Hours
Key
Member:

Harmon
Deputy
Project
Manager
Hours
Key
Member:

Gritz
Senior
Engineer
Hours
Project
Engineer
Hours
Key
Member:

Brue
CADD
Technician/
Engineer
Hours
Key
Member:

Torbica
N/A Admin
Support
Hours
Final Hours
Total
TASK 1.0 Project Management and Grant Management

1.1 Regularly Scheduled Project Team Meetings 96 20 0 0 0 0 0 116

1.2 City/Project Manager Communications and Consultations 24 8 0 0 0 0 0 32

1.3 Partner Agency (Staff) Coordination and/or Meetings 32 8 0 0 0 0 0 40

1.4 Develop and Update Project Schedule 12 2 0 0 0 0 0 14

1.5 Manage SB1 ATP Cycle 5 Grant Funding Agreement Tasks 20 4 0 0 0 0 0 24

1.6 Manage ACTC Forms and Reports Deliverables 20 4 0 0 0 0 0 24

1.7 Perform Project Administration Tasks 96 4 0 0 0 0 0 100 Subtotal - TASK 1.0 300 50 0 0 0 0 0 350
TASK 2.0 Environmental Review

2.1 Review Existing Project Environmental Approvals 2 2 0 0 0 0 0 4

2.2 Prepare Memo of NEPA Environmental Recommendations 2 0 0 0 0 0 0 2

2.3 Pavement Investigation and Design 2 0 0 0 0 0 0 2

2.4 Optional NEPA Clearance Assuming Caltrans Federal Funding 2 0 0 0 0 0 0 2

2.5 FEMA Floodplain Maps 1 0 0 0 0 0 0 1

2.6 Biological Technical Memo 1 0 0 0 0 0 0 1

2.7 Visual Impact Assessment Questionnaire 1 0 0 0 0 0 0 1

2.8 Equipment Staging Technical Memo 1 0 0 0 0 0 0 1

2.9 Cultural Resources APE and Memo - Section 106 compliance 4 0 0 0 0 0 0 4

2.10 Water Quality Technical Memo 2 0 0 0 0 0 0 2

2.11 Hazardous Materials Technical Memo 1 0 0 0 0 0 0 1

2.12 Hydrology 1 0 0 0 0 0 0 1

2.13 ROW Information Technical Memo ( Diablo) 16 14 0 0 0 0 0 30

2.14 Traffic Technical Memo (F&P) 4 0 0 0 0 0 0 4
Subtotal - TASK 2.0 40 16 0 0 0 0 0 56
TASK 3.0 Traffic Impact Assessment

3.1 Expand Existing VISSIM Model ( AM and PM models) 0 0 0 0 0 0 0 0

3.2 Execute Existing VISSIM Model (AM and PM models) 0 0 0 0 0 0 0 0

3.3 Traffic Diversion Study ( AM and PM) 0 0 0 0 0 0 0 0

3.4 Execute Project VISSIM Model (AM and PM models) 0 0 0 0 0 0 0 0

3.5 Multimodal Traffic Operations Documentation 4 2 0 0 0 0 0 6 Subtotal - TASK 3.0 4 2 0 0 0 0 0 6
TASK 4.0 Public Outreach

4.1 Facilitate Community Engagement Meetings 32 16 0 0 70 0 0 118

4.2 Agency Engagement 24 6 0 0 24 0 0 54

4.3 City Committees and Council Meetings 12 8 0 0 8 0 0 28 Subtotal - TASK 4.0 68 30 0 0 102 0 0 200
TASK 5.0 PS&E Design Services

5.1 Develop Corridor Planimetric and Topographic Surveys 4 0 0 0 4 0 0 8

5.2 Develop Right of Way and Existing Utility Base Mapping 4 0 0 0 4 0 0 8

5.3 Facilitate Conceptual Geometric Design Development 32 16 0 0 40 0 0 88

5.4 Develop and Finalize Geometric Approval Drawings (35% Milestone) 60 16 0 0 120 0 0 196

5.5 Develop Final Construction Drawings (65% Milestone) 140 32 0 40 268 0 0 480

5.6 Develop Final Construction Drawings ( 95% Milestone) 160 32 0 60 288 0 0 540

5.7 Develop Final Construction Drawings (100% Milestone) 140 24 0 40 240 0 0 444

5.8 Develop Final Construction Drawings ( Final PS&E Milestone) 60 12 0 20 120 0 0 212

5.9 Prepare Updated Construction Cost Estimate ( 35%, 65%, 95%, 100%, Final) 60 12 0 16 120 0 0 208

5.10 Prepare Project Specifications (65%, 95%, 100% and Final) 48 20 0 0 0 0 0 68

5.11 Utility Coordination 40 24 0 0 40 0 0 104

5.12 Photometric Study 0 0 0 0 0 0 0 0

5.13 Easement Support 8 4 0 0 4 0 0 16

5.14 Monument Preservation 0 0 0 0 0 0 0 0
Subtotal - TASK 5.0 756 192 0 176 1,248 0 0 2,372
TASK 6.0 Project Approvals

6.1 Coordinate and Manage PS&E Reviews and Approvals ( City of Emeryville) 32 16 0 0 0 0 0 48

6.2 Coordinate and Manage PS& E Reviews and Approvals ( City of Oakland) 24 16 0 0 0 0 0 40

6.3 Coordinate and Manage PS&E Reviews and Approvals (Caltrans) 32 16 0 0 0 0 0 48

6.4 Caltrans LAPM Forms 32 20 0 0 0 0 0 52
Subtotal - TASK 6.0 120 68 0 0 0 0 0 188
TASK 7.0 Project Funding Outlook and Grant Support

7.1 Evaluate Grant Opportunities 8 8 0 0 0 0 0 16

7.2 Support the City with Grant Writing ( Narrative, Mapping, Exhibits, and Forms) 16 16 0 0 0 0 0 32 Subtotal - TASK 7.0 24 24 0 0 0 0 0 48
220Total Hours/Fee Task 1 Through Task 7 1,312 382 0 176 1,350 0 0 3, DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 26
MNS
Prepared For: City of Emeryville
40th Street Transit- Only Lanes and Multimodal Enhancements Project Tasks Supporting the 40th Street Transit- Only Lanes/ Multimodal Enhancements Project Principal
Engineer
Shawn
Kowalewski)
Sr. Civil
Engineer
Alex Ng)
Sr. Civil
Engineer
Andy Chan)
Sr. Project
Engineer
Srividya
Devarajan)
Assistant
Project Eng
Caleb
Farhm)
CADD Tech
Kiley Diego)
Shane
Sobecki
Principal
Surveyor)
Robert Starr
Assistant
Surveyor)
Richard
Sleeman
Associate
Project
Surveyor)
Justin
Dickerson
Party Chief)
Hector Perez
Chainperson)
Final Hours
Total
TASK 1.0 Project Management and Grant Management

1.1 Regularly Scheduled Project Team Meetings 52 0 0 0 0 0 0 0 0 0 0 52

1.2 City/ Project Manager Communications and Consultations 16 0 0 0 0 0 0 0 0 0 0 16

1.3 Partner Agency ( Staff) Coordination and/ or Meetings 24 0 0 0 0 0 0 0 0 0 0 24

1.4 Develop and Update Project Schedule 0 0 0 0 0 0 0 0 0 0 0 0

1.5 Manage SB1 ATP Cycle 5 Grant Funding Agreement Tasks 0 0 0 0 0 0 0 0 0 0 0 0

1.6 Manage ACTC Forms and Reports Deliverables 0 0 0 0 0 0 0 0 0 0 0 0

1.7 Perform Project Administration Tasks 100 0 0 0 0 0 0 0 0 0 0 100 Subtotal - TASK 1. 0 192 0 0 0 0 0 0 0 0 0 0 192
TASK 2.0 Environmental Review

2.1 Review Existing Project Environmental Approvals 0 0 0 0 0 0 0 0 0 0 0 0

2.2 Prepare Memo of NEPA Environmental Recommendations 0 0 0 0 0 0 0 0 0 0 0 0

2.3 Pavement Investigation and Design 0 0 0 0 0 0 0 0 0 0 0 0

2.4 Optional NEPA Clearance Assuming Caltrans Federal Funding 0 0 0 0 0 0 0 0 0 0 0 0

2.5 FEMA Floodplain Maps 0 0 0 0 0 0 0 0 0 0 0 0

2.6 Biological Technical Memo 0 0 0 0 0 0 0 0 0 0 0 0

2.7 Visual Impact Assessment Questionnaire 0 0 0 0 0 0 0 0 0 0 0 0

2.8 Equipment Staging Technical Memo 0 0 0 0 0 0 0 0 0 0 0 0

2.9 Cultural Resources APE and Memo - Section 106 compliance 0 0 0 0 0 0 0 0 0 0 0 0

2.10 Water Quality Technical Memo 0 0 0 0 0 0 0 0 0 0 0 0

2.11 Hazardous Materials Technical Memo 0 0 0 0 0 0 0 0 0 0 0 0

2.12 Hydrology 0 0 0 0 0 0 0 0 0 0 0 0

2.13 ROW Information Technical Memo ( Diablo) 0 0 0 0 0 0 0 0 0 0 0 0

2.14 Traffic Technical Memo ( F& P) 0 0 0 0 0 0 0 0 0 0 0 0 Subtotal - TASK 2. 0 0 0 0 0 0 0 0 0 0 0 0 0
TASK 3.0 Traffic Impact Assessment

3.1 Expand Existing VISSIM Model ( AM and PM models) 0 0 0 0 0 0 0 0 0 0 0 0

3.2 Execute Existing VISSIM Model ( AM and PM models) 0 0 0 0 0 0 0 0 0 0 0 0

3.3 Traffic Diversion Study ( AM and PM) 0 0 0 0 0 0 0 0 0 0 0 0

3.4 Execute Project VISSIM Model ( AM and PM models) 0 0 0 0 0 0 0 0 0 0 0 0

3.5 Multimodal Traffic Operations Documentation 0 0 0 0 0 0 0 0 0 0 0 0 Subtotal - TASK 3. 0 0 0 0 0 0 0 0 0 0 0 0 0
TASK 4.0 Public Outreach

4.1 Facilitate Community Engagement Meetings 0 0 0 0 0 0 0 0 0 0 0 0

4.2 Agency Engagement 0 0 0 0 0 0 0 0 0 0 0 0

4.3 City Committees and Council Meetings 0 0 0 0 0 0 0 0 0 0 0 0 Subtotal - TASK 4. 0 0 0 0 0 0 0 0 0 0 0 0 0
TASK 5.0 PS& E Design Services

5.1 Develop Corridor Planimetric and Topographic Surveys 4 0 0 0 0 0 30 60 30 80 80 284

5.2 Develop Right of Way and Existing Utility Base Mapping 4 0 0 0 0 0 40 30 40 20 20 154

5.3 Facilitate Conceptual Geometric Design Development 8 24 0 0 0 0 0 0 0 0 0 32

5.4 Develop and Finalize Geometric Approval Drawings ( 35% Milestone) 16 40 40 0 0 0 0 0 0 0 0 96

5.5 Develop Final Construction Drawings ( 65% Milestone) 20 60 60 100 160 200 0 0 0 0 0 600

5.6 Develop Final Construction Drawings ( 95% Milestone) 20 80 80 160 120 160 0 0 0 0 0 620

5.7 Develop Final Construction Drawings ( 100% Milestone) 20 80 80 120 120 100 0 0 0 0 0 520

5.8 Develop Final Construction Drawings ( Final PS& E Milestone) 20 40 40 40 0 80 0 0 0 0 0 220

5.9 Prepare Updated Construction Cost Estimate ( 35%, 65%, 95%, 100%, Final) 32 40 80 0 0 0 0 0 0 0 0 152

5.10 Prepare Project Specifications ( 65%, 95%, 100% and Final) 12 20 20 0 0 0 0 0 0 0 0 52

5.11 Utility Coordination 0 16 0 40 0 20 0 0 0 0 0 76

5.12 Photometric Study 0 0 0 0 0 0 0 0 0 0 0 0

5.13 Easement Support 0 0 0 0 0 0 20 10 20 0 0 50

5.14 Monument Preservation 0 0 0 0 0 0 20 10 30 30 30 120 Subtotal - TASK 5. 0 156 400 400 460 400 560 110 110 120 130 130 2,976 TASK 6.0 Project Approvals

6.1 Coordinate and Manage PS&E Reviews and Approvals (City of Emeryville) 24 0 0 0 0 0 0 0 0 0 0 24

6.2 Coordinate and Manage PS& E Reviews and Approvals ( City of Oakland) 8 0 0 0 0 0 0 0 0 0 0 8

6.3 Coordinate and Manage PS& E Reviews and Approvals ( Caltrans) 20 0 0 0 0 0 0 0 0 0 0 20

6.4 Caltrans LAPM Forms 0 0 0 0 0 0 0 0 0 0 0 0
Subtotal - TASK 6. 0 52 0 0 0 0 0 0 0 0 0 0 52
TASK 7.0 Project Funding Outlook and Grant Support

7.1 Evaluate Grant Opportunities 0 0 0 0 0 0 0 0 0 0 0 0

7.2 Support the City with Grant Writing ( Narrative, Mapping, Exhibits, and Forms) 0 0 0 0 0 0 0 0 0 0 0 0 Subtotal - TASK 7. 0 0 0 0 0 0 0 0 0 0 0 0 0
220Total Hours/ Fee Task 1 Through Task 7 400 400 400 460 400 560 110 110 120 130 130 3, DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 27
Fehr & Peers
Prepared For: City of Emeryville
40th Street Transit- Only Lanes and Multimodal Enhancements Project Tasks Supporting the 40th Street Transit- Only Lanes/ Multimodal Enhancements Project Principal- inCharge / PM
Hours
Rob Rees
Design Lead
Hours
Mark
Howard
Associate
Hours
Senior
Engineer
Hours
Engineer
Hours
Admin
Support
Hours
Final Hours
Total
TASK 1.0 Project Management and Grant Management

1.1 Regularly Scheduled Project Team Meetings 32 24 0 0 0 0 56

1.2 City/ Project Manager Communications and Consultations 0 0 0 0 0 0 0

1.3 Partner Agency ( Staff) Coordination and/ or Meetings 0 0 0 0 0 0 0

1.4 Develop and Update Project Schedule 0 0 0 0 0 0 0

1.5 Manage SB1 ATP Cycle 5 Grant Funding Agreement Tasks 0 0 0 0 0 0 0

1.6 Manage ACTC Forms and Reports Deliverables 0 0 0 0 0 0 0

1.7 Perform Project Administration Tasks 16 24 0 0 0 0 40 Subtotal - TASK 1.0 48 48 0 0 0 0 96
TASK 2.0 Environmental Review

2.1 Review Existing Project Environmental Approvals 0 0 0 0 0 0 0

2.2 Prepare Memo of NEPA Environmental Recommendations 0 0 0 0 0 0 0

2.3 Pavement Investigation and Design 0 0 0 0 0 0 0

2.4 Optional NEPA Clearance Assuming Caltrans Federal Funding 0 0 0 0 0 0 0

2.5 FEMA Floodplain Maps 0 0 0 0 0 0 0

2.6 Biological Technical Memo 0 0 0 0 0 0 0

2.7 Visual Impact Assessment Questionnaire 0 0 0 0 0 0 0

2.8 Equipment Staging Technical Memo 0 0 0 0 0 0 0

2.9 Cultural Resources APE and Memo - Section 106 compliance 0 0 0 0 0 0 0

2.10 Water Quality Technical Memo 0 0 0 0 0 0 0

2.11 Hazardous Materials Technical Memo 0 0 0 0 0 0 0

2.12 Hydrology 0 0 0 0 0 0 0

2.13 ROW Information Technical Memo ( Diablo) 0 0 0 0 0 0 0

2.14 Traffic Technical Memo ( F&P) 6 0 4 8 8 60 86
Subtotal - TASK 2.0 6 0 4 8 8 60 86
TASK 3.0 Traffic Impact Assessment

3.1 Expand Existing VISSIM Model (AM and PM models) 2 0 1 2 2 32 39

3.2 Execute Existing VISSIM Model ( AM and PM models) 2 0 2 8 8 60 80

3.3 Traffic Diversion Study ( AM and PM) 4 0 2 2 8 68 84

3.4 Execute Project VISSIM Model ( AM and PM models) 6 0 4 12 12 80 114

3.5 Multimodal Traffic Operations Documentation 8 0 2 8 8 32 58 Subtotal - TASK 3.0 22 0 11 32 38 272 375
TASK 4.0 Public Outreach

4.1 Facilitate Community Engagement Meetings 0 0 0 0 0 0 0

4.2 Agency Engagement 0 0 0 0 0 0 0

4.3 City Committees and Council Meetings 0 0 0 0 0 0 0
Subtotal - TASK 4.0 0 0 0 0 0 0 0
TASK 5.0 PS&E Design Services

5.1 Develop Corridor Planimetric and Topographic Surveys 0 0 0 0 0 0 0

5.2 Develop Right of Way and Existing Utility Base Mapping 0 0 0 0 0 0 0

5.3 Facilitate Conceptual Geometric Design Development 0 0 0 0 0 0 0

5.4 Develop and Finalize Geometric Approval Drawings ( 35% Milestone) 16 120 8 20 80 250 494

5.5 Develop Final Construction Drawings ( 65% Milestone) 8 60 8 10 40 120 246

5.6 Develop Final Construction Drawings ( 95% Milestone) 8 80 24 10 50 150 322

5.7 Develop Final Construction Drawings ( 100% Milestone) 2 16 0 0 0 20 38

5.8 Develop Final Construction Drawings ( Final PS&E Milestone) 2 16 0 0 0 20 38

5.9 Prepare Updated Construction Cost Estimate ( 35%, 65%, 95%, 100%, Final) 0 8 2 0 0 32 42

5.10 Prepare Project Specifications ( 65%, 95%, 100% and Final) 0 8 2 0 0 32 42

5.11 Utility Coordination 0 0 0 0 0 0 0

5.12 Photometric Study 4 0 4 0 4 48 60

5.13 Easement Support 0 0 0 0 0 0 0

5.14 Monument Preservation 0 0 0 0 0 0 0
Subtotal - TASK 5.0 40 308 48 40 174 672 1,282
TASK 6.0 Project Approvals

6.1 Coordinate and Manage PS& E Reviews and Approvals ( City of Emeryville) 0 0 0 0 0 0 0

6.2 Coordinate and Manage PS&E Reviews and Approvals (City of Oakland) 0 0 0 0 0 0 0

6.3 Coordinate and Manage PS& E Reviews and Approvals ( Caltrans) 0 0 0 0 0 0 0

6.4 Caltrans LAPM Forms 0 0 0 0 0 0 0
Subtotal - TASK 6.0 0 0 0 0 0 0 0
TASK 7.0 Project Funding Outlook and Grant Support

7.1 Evaluate Grant Opportunities 0 0 0 0 0 0 0

7.2 Support the City with Grant Writing ( Narrative, Mapping, Exhibits, and Forms) 0 0 0 0 0 0 0 Subtotal - TASK 7.0 0 0 0 0 0 0 0
839Total Hours/ Fee Task 1 Through Task 7 116 356 63 80 220 1,004 1, DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 28
Community Design + Architecture
Prepared For: City of Emeryville
40th Street Transit- Only Lanes and Multimodal Enhancements Project Tasks Supporting the 40th Street Transit- Only Lanes/ Multimodal Enhancements Project PIC
Key
Member:

Erickson
Project
Manager
Key
Member:

Goldade
Project
Urban
Designer
Varas
Urban
Landscape
Designer
Perez
Urban
Designer
Yoon
Final Hours
Total
TASK 1.0 Project Management and Grant Management

1.1 Regularly Scheduled Project Team Meetings 12 24 0 0 0 0 0 36

1.2 City/ Project Manager Communications and Consultations 0 0 0 0 0 0 0 0

1.3 Partner Agency ( Staff) Coordination and/ or Meetings 0 0 0 0 0 0 0 0

1.4 Develop and Update Project Schedule 0 0 0 0 0 0 0 0

1.5 Manage SB1 ATP Cycle 5 Grant Funding Agreement Tasks 0 0 0 0 0 0 0 0

1.6 Manage ACTC Forms and Reports Deliverables 0 0 0 0 0 0 0 0

1.7 Perform Project Administration Tasks 12 12 0 0 0 0 0 24 Subtotal - TASK 1.0 24 36 0 0 0 0 0 60
TASK 2.0 Environmental Review

2.1 Review Existing Project Environmental Approvals 0 0 0 0 0 0 0 0

2.2 Prepare Memo of NEPA Environmental Recommendations 0 0 0 0 0 0 0 0

2.3 Pavement Investigation and Design 0 0 0 0 0 0 0 0

2.4 Optional NEPA Clearance Assuming Caltrans Federal Funding 0 0 0 0 0 0 0 0

2.5 FEMA Floodplain Maps 0 0 0 0 0 0 0 0

2.6 Biological Technical Memo 0 0 0 0 0 0 0 0

2.7 Visual Impact Assessment Questionnaire 0 0 0 0 0 0 0 0

2.8 Equipment Staging Technical Memo 0 0 0 0 0 0 0 0

2.9 Cultural Resources APE and Memo - Section 106 compliance 0 0 0 0 0 0 0 0

2.10 Water Quality Technical Memo 0 0 0 0 0 0 0 0

2.11 Hazardous Materials Technical Memo 0 0 0 0 0 0 0 0

2.12 Hydrology 0 0 0 0 0 0 0 0

2.13 ROW Information Technical Memo ( Diablo) 0 0 0 0 0 0 0 0

2.14 Traffic Technical Memo ( F&P) 0 0 0 0 0 0 0 0
Subtotal - TASK 2.0 0 0 0 0 0 0 0 0
TASK 3.0 Traffic Impact Assessment

3.1 Expand Existing VISSIM Model ( AM and PM models) 0 0 0 0 0 0 0 0

3.2 Execute Existing VISSIM Model ( AM and PM models) 0 0 0 0 0 0 0 0

3.3 Traffic Diversion Study ( AM and PM) 0 0 0 0 0 0 0 0

3.4 Execute Project VISSIM Model ( AM and PM models) 0 0 0 0 0 0 0 0

3.5 Multimodal Traffic Operations Documentation 0 0 0 0 0 0 0 0 Subtotal - TASK 3.0 0 0 0 0 0 0 0 0
TASK 4.0 Public Outreach

4.1 Facilitate Community Engagement Meetings 16 43 70 0 0 0 0 129

4.2 Agency Engagement 6 22 24 0 0 0 0 52

4.3 City Committees and Council Meetings 8 12 8 0 0 0 0 28 Subtotal - TASK 4.0 30 77 102 0 0 0 0 209
TASK 5.0 PS& E Design Services

5.1 Develop Corridor Planimetric and Topographic Surveys 0 0 0 0 0 0 0 0

5.2 Develop Right of Way and Existing Utility Base Mapping 0 0 0 0 0 0 0 0

5.3 Facilitate Conceptual Geometric Design Development 24 24 40 0 0 0 0 88

5.4 Develop and Finalize Geometric Approval Drawings ( 35% Milestone) 32 48 80 120 140 0 0 420

5.5 Develop Final Construction Drawings ( 65% Milestone) 8 48 80 100 120 0 0 356

5.6 Develop Final Construction Drawings ( 95% Milestone) 4 36 60 80 80 0 0 260

5.7 Develop Final Construction Drawings ( 100% Milestone) 2 24 40 48 48 0 0 162

5.8 Develop Final Construction Drawings ( Final PS&E Milestone) 2 16 20 36 36 0 0 110

5.9 Prepare Updated Construction Cost Estimate ( 35%, 65%, 95%, 100%, Final) 2 16 24 40 40 0 0 122

5.10 Prepare Project Specifications ( 65%, 95%, 100% and Final) 4 40 24 24 0 0 0 92

5.11 Utility Coordination 0 0 0 0 0 0 0 0

5.12 Photometric Study 0 0 0 0 0 0 0 0

5.13 Easement Support 0 0 0 0 0 0 0 0

5.14 Monument Preservation 0 0 0 0 0 0 0 0
Subtotal - TASK 5.0 78 252 368 448 464 0 0 1,610
TASK 6.0 Project Approvals

6.1 Coordinate and Manage PS&E Reviews and Approvals (City of Emeryville) 0 0 0 0 0 0 0 0

6.2 Coordinate and Manage PS& E Reviews and Approvals ( City of Oakland) 0 0 0 0 0 0 0 0

6.3 Coordinate and Manage PS& E Reviews and Approvals ( Caltrans) 0 0 0 0 0 0 0 0

6.4 Caltrans LAPM Forms 0 0 0 0 0 0 0 0
Subtotal - TASK 6.0 0 0 0 0 0 0 0 0
TASK 7.0 Project Funding Outlook and Grant Support

7.1 Evaluate Grant Opportunities 0 0 0 0 0 0 0 0

7.2 Support the City with Grant Writing ( Narrative, Mapping, Exhibits, and Forms) 8 8 8 0 0 0 0 24 Subtotal - TASK 7.0 8 8 8 0 0 0 0 24
903Total Hours/ Fee Task 1 Through Task 7 140 373 478 448 464 0 0 1, DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 29
Diablo Engineering Group Labor ( Hours) 3,220
CD+A (Hours) 1,903
Fehr & Peers ( Hours) 1,839
NCE ( Hours) 461
MNS ( Hours) 3,220
Total Hours 10,643
NCE
Prepared For: City of Emeryville
40th Street Transit- Only Lanes and Multimodal Enhancements Project Tasks Supporting the 40th Street Transit- Only Lanes/ Multimodal Enhancements Project Project
Manager
Hours
Principal
Planner
Hours
Principal
Engineer
Hours
Associate
Engineer
Hours
Project
Engineer
Hours
Senior
Scientist/
Engineer
Hours
Staff
Scientist/
Engineer
Hours
Clerical
Hours
Field/
Engineering
Technician
Hours Final Hours
Total
TASK 1.0 Project Management and Grant Management

1.1 Regularly Scheduled Project Team Meetings 16 12 0 0 0 0 0 0 0 28

1.2 City/Project Manager Communications and Consultations 0 0 0 0 0 0 0 0 0 0

1.3 Partner Agency ( Staff) Coordination and/ or Meetings 0 0 0 0 0 0 0 0 0 0

1.4 Develop and Update Project Schedule 0 0 0 0 0 0 0 0 0 0

1.5 Manage SB1 ATP Cycle 5 Grant Funding Agreement Tasks 0 0 0 0 0 0 0 0 0 0

1.6 Manage ACTC Forms and Reports Deliverables 0 0 0 0 0 0 0 0 0 0

1.7 Perform Project Administration Tasks 8 12 0 0 0 0 0 10 0 30 Subtotal - TASK 1.0 24 24 0 0 0 0 0 10 0 58
TASK 2.0 Environmental Review

2.1 Review Existing Project Environmental Approvals 0 6 0 0 0 0 6 0 0 12

2.2 Prepare Memo of NEPA Environmental Recommendations 0 10 0 0 0 4 0 0 0 14

2.3 Pavement Investigation and Design 16 0 6 0 36 0 0 3 10 71

2.4 Optional NEPA Clearance Assuming Caltrans Federal Funding 0 16 0 0 0 4 24 0 0 44

2.5 FEMA Floodplain Maps 0 0 0 0 0 1 4 0 0 5

2.6 Biological Technical Memo 0 4 0 0 0 16 16 2 0 38

2.7 Visual Impact Assessment Questionnaire 0 2 0 0 0 0 12 0 0 14

2.8 Equipment Staging Technical Memo 1 2 0 0 12 0 0 0 0 15

2.9 Cultural Resources APE and Memo - Section 106 compliance 0 8 0 0 0 16 80 6 0 110

2.10 Water Quality Technical Memo 0 2 0 0 0 12 24 2 0 40

2.11 Hazardous Materials Technical Memo 0 2 0 0 0 4 12 2 0 20

2.12 Hydrology 0 2 0 4 12 0 0 0 0 18

2.13 ROW Information Technical Memo (Diablo) 0 0 0 0 0 0 0 0 0 0

2.14 Traffic Technical Memo ( F&P) 0 2 0 0 0 0 0 0 0 2
Subtotal - TASK 2.0 17 56 6 4 60 57 178 15 10 403
TASK 3.0 Traffic Impact Assessment

3.1 Expand Existing VISSIM Model ( AM and PM models) 0 0 0 0 0 0 0 0 0 0

3.2 Execute Existing VISSIM Model ( AM and PM models) 0 0 0 0 0 0 0 0 0 0

3.3 Traffic Diversion Study ( AM and PM) 0 0 0 0 0 0 0 0 0 0

3.4 Execute Project VISSIM Model (AM and PM models) 0 0 0 0 0 0 0 0 0 0

3.5 Multimodal Traffic Operations Documentation 0 0 0 0 0 0 0 0 0 0 Subtotal - TASK 3.0 0 0 0 0 0 0 0 0 0 0
TASK 4.0 Public Outreach

4.1 Facilitate Community Engagement Meetings 0 0 0 0 0 0 0 0 0 0

4.2 Agency Engagement 0 0 0 0 0 0 0 0 0 0

4.3 City Committees and Council Meetings 0 0 0 0 0 0 0 0 0 0 Subtotal - TASK 4.0 0 0 0 0 0 0 0 0 0 0
TASK 5.0 PS& E Design Services

5.1 Develop Corridor Planimetric and Topographic Surveys 0 0 0 0 0 0 0 0 0 0

5.2 Develop Right of Way and Existing Utility Base Mapping 0 0 0 0 0 0 0 0 0 0

5.3 Facilitate Conceptual Geometric Design Development 0 0 0 0 0 0 0 0 0 0

5.4 Develop and Finalize Geometric Approval Drawings (35% Milestone) 0 0 0 0 0 0 0 0 0 0

5.5 Develop Final Construction Drawings ( 65% Milestone) 0 0 0 0 0 0 0 0 0 0

5.6 Develop Final Construction Drawings (95% Milestone) 0 0 0 0 0 0 0 0 0 0

5.7 Develop Final Construction Drawings ( 100% Milestone) 0 0 0 0 0 0 0 0 0 0

5.8 Develop Final Construction Drawings (Final PS&E Milestone) 0 0 0 0 0 0 0 0 0 0

5.9 Prepare Updated Construction Cost Estimate ( 35%, 65%, 95%, 100%, Final) 0 0 0 0 0 0 0 0 0 0

5.10 Prepare Project Specifications ( 65%, 95%, 100% and Final) 0 0 0 0 0 0 0 0 0 0

5.11 Utility Coordination 0 0 0 0 0 0 0 0 0 0

5.12 Photometric Study 0 0 0 0 0 0 0 0 0 0

5.13 Easement Support 0 0 0 0 0 0 0 0 0 0

5.14 Monument Preservation 0 0 0 0 0 0 0 0 0 0
Subtotal - TASK 5.0 0 0 0 0 0 0 0 0 0 0
TASK 6.0 Project Approvals

6.1 Coordinate and Manage PS&E Reviews and Approvals (City of Emeryville) 0 0 0 0 0 0 0 0 0 0

6.2 Coordinate and Manage PS& E Reviews and Approvals ( City of Oakland) 0 0 0 0 0 0 0 0 0 0

6.3 Coordinate and Manage PS& E Reviews and Approvals ( Caltrans) 0 0 0 0 0 0 0 0 0 0

6.4 Caltrans LAPM Forms 0 0 0 0 0 0 0 0 0 0
Subtotal - TASK 6.0 0 0 0 0 0 0 0 0 0 0
TASK 7.0 Project Funding Outlook and Grant Support

7.1 Evaluate Grant Opportunities 0 0 0 0 0 0 0 0 0 0

7.2 Support the City with Grant Writing ( Narrative, Mapping, Exhibits, and Forms) 0 0 0 0 0 0 0 0 0 0 Subtotal - TASK 7.0 0 0 0 0 0 0 0 0 0 0
461Total Hours/ Fee Task 1 Through Task 7 41 80 6 4 60 57 178 25 10 DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Approach 30

SCHEDULE
The Diablo Team is committed and has the resources for meeting the schedule as outlined in the RFP.

While we feel it is too aggressive to comprehensively complete the Design Phase by Summer 2023 with all stakeholders on board, the approach is to have the engineered geometry and validated estimate approved for grant applications by Summer 2023 and for final design to be delivered by the end of 2023, so that construction could begin as soon as Spring 2024. The goal of this approach is to avoid potentially expensive redesign associated with addressing comments from key stakeholders. The following is our anticipated schedule for execution of the work, to be refined and regularly update once the project begins:

Notice to Proceed December 5, 2022
Basis of Design/ Feasibility Overview January 2023
Preliminary Design February 2023
Preliminary Design Comments from City March 2023
General Community Outreach and Agency Engagement
Including Park & Recreation Committee & Public Art Committee March 2023 35% Plans and Estimate April 2023
35% Submittal Comments from Cities/ AC Transit May 2023 Further Agency Engagement
Including Bicycle/ Pedestrian Committee & Transportation Committee May 2023 Geometry & Estimate Approved for Grant Applications June 2023 City Council Meeting June 6, 2023
65% Plans, Specs and Estimate Submittal ( PS& E) to Cities/ AC Transit* June 2023 65% Submittal Comments from Cities/ AC Transit July 2023 95% Plans, Specs and Estimate Submittal to Cities/ AC Transit August 2023 95% Submittal Comments from Cities/ AC Transit September 2023 100% Plans, Specs and Estimate Submittal to Cities/ AC Transit October 2023 100% Submittal Comments from Cities/ AC Transit/ Caltrans* November 2023 Final Checked Plans, Specs and Estimate Submittal December 2023 Advertise Construction Contract December 2023
Bid Opening January 2024
Award Construction Contract March 2024
Begin Construction April 2024
Note: At 65% completion, submit to Caltrans. Our goal would be to process this as an encroachment permit ( EP) project and typically Caltrans requires PS& E to be 100% complete. It would be best if Emeryville forces a meeting with Caltrans at this point to discuss delivery approach.

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Team 31

PROJECT TEAM
Diablo Engineering Group ( Diablo) is an Alameda CTC certified Very Small Local Business Enterprise (# DIA20220506- 03) as well as a federally certified Disadvantaged Business Enterprise ( certificate # 42626). The principals of Diablo previously worked for a large multidiscipline engineering, planning, surveying, and environmental firm.

Diablo utilizes this prior experience to orchestrate large teams to deliver quality designs for municipal clients. In addition, the Diablo team is comprised of engineering managers that are highly detailed oriented – performing detailed designs concurrent with overall project management. We have worked closely with key team members from each subconsultant firm as clarified in our Team Qualifications.

MNS was established in 1962 as a C-Corporation that provides quality infrastructure consulting services to the transportation, water resources, and government service markets throughout California. Specializing in the core services of engineering, construction management, and land surveying, MNS' reputation has been built on clear and direct communication and quality services. MNS has an extensive experience designing, surveying and providing construction management, for active transportation projects— including bicycle lanes and paths, pedestrian overcrossings, signage and striping, ADA improvements, primary highways and arterials, public outreach, and state/ federal funding. From concept inception through project completion, MNS supports clients every step of the way.

MNS recently provided civil design engineering and land surveying services for the $6.48M Quiet Zone Safety Engineering Measures on 65th, 66th, and 67th Streets in Emeryville.

Fehr & Peers is Alameda CTC Local certified No. FEH20210618- 01. Fehr & Peers team members are passionate about transforming transportation consulting through innovation and creativity. Since our founding in 1985 we derive inspiration by partnering with communities to understand and shape local transportation futures objectively tailored to diverse needs.

Clients trust us to help them overcome barriers and uncertainty by combining our advanced expertise with curiosity, humility, and initiative to deliver implementable, data driven solutions that reinforce community values. Our goal is to be a trusted advisor to each client we serve. We are not advocates for particular travel modes or set of solutions; we are advocates for our clients, helping them achieve success.

We begin each project with active listening and then collaborate with our clients to develop implementable, community supported solutions. We will serve the Emeryville 40th Street Multimodal Enhancements Project through our Oakland office with 17 professional staff and two administrative staff.

NCE is Alameda CTC Local certified No. NCE20201106- 01. NCE is a multi-disciplinary engineering and environmental services firm who works collaboratively with clients to ensure successful outcomes. Founded in 1990, NCE has primarily focused on delivering our services to local jurisdictions for the past 32 years. With eight offices, including Oakland and Point Richmond in the Bay Area with 22 staff and more than 100 employees across California, Arizona, and Nevada, our Team has an excellent understanding and awareness of local infrastructure and resource issues as well as established relationship with the regulatory entities and agencies with jurisdiction in the City. Our work has included preparing technical studies, environmental documents, and regulatory permi ts for a variety of infrastructure projects including trails, roadways, overpasses, bridges, and utilities. NCE’ s associated expertise and relevant capabilities include but are not limited to CEQA/ NEPA environmental documents, regulatory compliance/ permitting, biological resources, cultural resources, geospatial analysis, modeling, and mapping, mitigation monitoring and reporting, and biological / cultural resource construction monitoring.

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Team 32
Community Design + Architecture ( CD+A) is Alameda CTC Very Small Local Certified No.

COM20201022- 03. CD+A is an Oakland based firm with over 24 years of experience and successful implementation of innovative and placemaking walkable communities, multimodal complete and green streets, bicycle and pedestrian projects, and public spaces in Emeryville, the Bay Area, and beyond. The CD+A team developed the design concepts for the 40th and San Pablo Bus Hub and Complete Street project for Emeryville and is currently leading similar relevant urban design efforts for complete street projects for Alameda CTC including the East Bay Greenway Multimodal Project and San Pablo Avenue Multimodal Corridor project. CD+A is experienced working on constrained multimodal street PS& E projects, as well as providing thoughtful community outreach. The firm currently has six employees with availability to work with the team to complete the Emeryville 40th Street Multimodal Enhancements Project on time, all based out of their Oakland office.

Diablo has worked with CD+A on several projects in the Cities of Oakland and Berkeley, and while Diablo did not work on this particular project, it showcases CD+A’ s plaza and transit center experience that will be beneficial to the Emeryville 40th Street Multimodal Enhancements Project.

Downtown Berkeley BART Plaza and
Transit Center, Berkeley, CA
CD+A led several successive planning
and design phases for the redesign of
the Downtown Berkeley BART Plaza
and Transit Center along Shattuck
Avenue, working for the City of
Berkeley. CD+A also worked as part of
a team in the preparation of final
design and construction documents for
the reconstruction of the plaza and
station entries. Central goals were the
improvement of pedestrian and bicycle
access and the plaza’ s simultaneous
function as a busy transit hub and a
primary public space in Downtown Berkeley. During the initial concept planning phase for the Plaza, started in 2005, CD+A led a team to develop four sketch alternative designs addressing major design decisions, including: the implications of various configurations for a bus rapid transit terminal station that was considered at that time, moving or modifying the primary BART entry and exit, opportunities for street closures ( including Center Street), adding new public open spaces, and realig ning the Shattuck Avenue couplet into a two-way street. The project included interactive workshops with the broader community and meetings with key surrounding business and property owners to develop the final concept plan and defining near-term and long-term improvements for the area.

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Team 33

ORGANIZATIONAL CHART
The Diablo Team will be managed by Jennifer Harmon, PE. Ms. Harmon has extensive experience managing similar transit only, multimodal complete streets projects that require specialty sub- consultant design coordination and community interaction. Ms. Harmon will serve as the single point of contact for the City. An expert in construction cost estimating and constructability, Ms. Harmon will assist the City PM to formulate a project scope that meets the City’ s prioritized goals within the budget and timeline.

Her project management skills will comprehensively connect all of the decisions and action items into a completed successful project. The Diablo Team is organized under Ms. Harmon’ s direction, as follows:

KEY INDIVIDUALS’ COMMITMENT
Key individuals listed and identified will be performing the work and will not be substituted with other personnel or reassigned to another project without the City’ s approval.

RESUMES
The following are abbreviated resumes for key team members. Detailed resumes are in the Appendix.

DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Team 34
JENNIFER A. HARMON, PE | PRINCIPAL
Project Manager
Ms. Harmon has extensive design and project management experience associated with large and small public works projects. Her work has included geometric evaluations and layouts, utility coordination and design, grading plans, roadway plans and profiles, and preparation of final construction documents for road widening, highway design, bicycle, pedestrian, and complete streets projects. She has excellent communication and coordination skills to assist public works ( agency) clients resolve complex project issues.

Previous Employment
Michael Baker International ( formerly RBF Consulting ), California – April 1999 to September 2014
Relevant Experience
Lakeside Drive and Lake Merritt Boulevard Cycletrack Project , Oakland, CA. Project Manager and Project Engineer. Under an on-call contract for the City of Oakland Civil Engineering Services, Ms. Harmon has managed several task orders. This most recent task order involves delivering planning, environmental, C.3 landscape and irrigation, pavement design, lighting, signal modifications, ADA accessibility and cycletrack improvements for this high-profile project around Lake Merritt under an extremely tight schedule. Ms. Harmon led a team to deliver 95% complete designs within six months from the notice to proceed date. This same team led by Ms. Harmon also delivered final design for the East Bay Greenway Segment II under the same on-call contract.

Broadway / Keith Avenue to Golden Gate Way Bike/ Pedestrian Project, Oakland, CA. Project Manager and Project Engineer. Under an on-call contract for the City of Oakland, Ms. Harmon managed the preparation of an Alternatives Analysis, 35% Conceptual Design Plans with community outreach, and final Plans, Specifications, and Estimates for improvements along Broadway from Keith Avenue to Golden Gate Way in the City of Oakland. The proposed work required an encroachment permit from Caltrans as it is immediately adjacent to the on and off ramps for SR- 24. Goals of the project were to add traffic calming measures, incorporate bike lanes, and improve pedestrian accessibility. In addition, Ms. Harmon managed the development of alternatives for standard bike lanes and for the cycletrack that was ultimately selected.

Interstate 880 North Safety Improvement Project at 29th Avenue and 23rd Avenue, Oakland, CA. Project Engineer for this $75 million federally funded high profile interchange project in the City of Oakland. Tasks while working as the Project Engineer on the Project Approval and Environmental Document for this Project include coordination of design concerns and solutions for different involved agencies, iterations of design in working with the traffic and structural engineers, consistency and quality control reviews of the different technical studies, and updates of the project schedule. The fast-track schedule for this project involved extensive Caltrans coordination so that the design team could move together rather than waiting for certain tasks to be completed before moving forward.

Registration:

Civil Engineer, California, 2002, 63909
Years of Experience: 23
Education:

B.S., 1999, Civil Engineering, California
Polytechnic State University, San Luis
Obispo
Professional Affiliations:

Member, American Society of Civil
Engineers
DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED Proposal - 40th Street Transit-Only Lanes and Multimodal Enhancements Project Project Team 35

GARRETT GRITZ, PE
Deputy Project Manager
During his tenure, Mr. Gritz has successfully fulfilled several roles and taken on a variety of responsibilities to serve many clients. Throughout his experience working on public works projects, he has obtained the very important ability to listen to stakeholders and then orchestrate the project team to solve challenging problems. Clients say that Mr. Gritz integrates himself into the details of the project issues and becomes a true partner in completing a project. He has been recognized for his expertise in coordinating multidiscipline and multi- agency projects and for providing the communication skills needed to build consensus amongst differing interests.

He has excellent project management and engineering design experience.

Previous Employment
Michael Baker International ( formerly RBF Consulting ), California – August 1988 to September 2014
Relevant Experience
AC Transit East Bay Bus Rapid Transit Project, Oakland, CA.

Project Manager. Mr. Gritz has provided project management and coordination for this high profile federally funded project.

Responsibilities include coordinating all technical aspects of this major transit project across all City of Oakland departments. AC Transit secured $ 178 million to construct the first East Bay Area Bus Rapid Transit (BRT) facility. The BRT operates almost exclusively in dedicated bus lanes along a 9.5 mile route starting at the BART station in San Leandro and terminating at the City of Oakland downtown transit center. The BRT operations accommodate a BRT station every 1,800 feet, operates nearly 24 hours per day and bus headways are approximately 8 minutes.

ALEKSANDRA TORBICA |
Senior Designer
Ms. Torbica has over 25 years of experience in civil engineering and drafting. Most recently she is responsible for preparation of preliminary and final plans for transportation projects, including highways, road widenings and roadway improvements, with detailed intersection design with ADA compliant curb ramps.

Her additional design responsibilities include: existing utility research and coordination, storm drain design, water line design, signing and striping, construction staging as well as quantity takeoffs and engineering estimate.

Ms. Torbica is experienced in the use of Civil 3D, AutoCAD, Land Desktop, AutoTurn, Microstation, Inroads, Microsoft Office Suite.

Registration:

Professional Engineer- Civil,
California, 1992, 49126
Registered Disaster Service Worker,
California, 1995, SA951231
Years of Experience: 34
Education:

B.S. 1988, Civil Engineering, California
Polytechnic State University, San Luis
Obispo
Professional Affiliations:

Member, American Society of Civil
Engineers
Registration:

AutoCAD and Civil 3D Expert
Years of Experience: 25
Education:

BS, Civil Engineering, University of
Sarajevo, Bosnia and Herzegovina, 1993
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SHAWN KOWALEWSKI, PE
Roadway Design Task Manager
Mr. Kowalewski is a multi- skilled Principal Engineer with a broad range of experience in engineering analysis and design as well as construction management and inspection of a variety of public infrastructure projects. At MNS, Shawn’ s responsibilities include civil engineering project management, quality assurance/ quality control, structural design and analysis, contract administration, cost estimating and tracking, plan and specification review, and report preparation.

Quiet Zone Safety Engineering Measures on 65th, 66th, and 67th Streets, City of Emeryville, CA. Project Manager. This $ 6.48M project established a Quiet Zone at 65th, 66th, and 67th Streets. The project installed four-quadrant gates, raised medians, sidewalks, and other safety measures to restrict pedestrians, bicycles, and automobiles from entering the three highway- rail crossings at the wrong time, thereby negating the need for trains to blow their horns. The improvements significantly reduce the risk of collisions at the project railroad crossings. MNS provided design and land surveying services.

ALEX NG, PE
Roadway Design Task Manager
Mr. Ng has over 21 years of experience in the design of public works transportation projects. Alex’ s extensive experience includes highway geometric design, roadway profiling, grading and drainage, planning, analysis, and creating engineering reports. Prior to MNS, he managed multiple projects and a team of junior engineers working on various streetscape improvement projects. He is known as a highly regarded, dedicated, and dynamic engineer who is skilled in collaborating with all project stakeholders to achieve engineering objectives.

Muscoy/ Vermont Areas Pedestrian Improvements, County of San Bernardino, CA. Design Lead. The projects are proposed to improve pedestrian routes around Muscoy Elementary School and Vermont Elementary School in the Muscoy Area. The projects were selected because Muscoy Elementary School and Vermont Elementary School are listed as priority projects in the San Bernardino County Safe Routes to School Master Plan. Improvements will include, but are not limited to, close sidewalk gaps around both schools, curb and gutter (repair/ replace), driveway approaches ( conform to street/ sidewalk) and improve pedestrian related traffic control such as high visibility crosswalks, new or replacement of existing curb ramps or refuge pads, and signs and pedestrian crossing signals. Alex’ s responsibilities include completing the preliminary design (PA& ED) and the final design (PS& E).

Registration:

Professional Civil Engineer, CA No. 59539
Professional Civil Engineer, WA No. 41537
Years of Experience: 27
Education:

BS, Civil Engineering,
Syracuse University, NY
Certifications:

California Emergency Management Agency
OES) Safety Assessment Program
Registration:

Professional Civil Engineer, CA No. 71315
Years of Experience: 21
Education:

BS, Civil and Environmental Engineering,
University of California, Berkeley, CA
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ROB REES, PE, TE, RSP1 | PRINCIPAL
Traffic and Transportation Engineering
With each project Rob brings a deep understanding of modal interactions and transportation safety with the technical understanding of civil engineering practices. A Principal in the Oakland office, Rob is a registered Civil Engineer and Traffic Engineer in California and a Roadway Safety Professional with 35 years of experience. His versatility is reflected in the variety of services Fehr & Peers provides. Rob applies his wide range of experiences in transportation planning and engineering to develop transportation systems that meet community needs and values.

Rob’ s breadth of experience is illustrated by his work representing Oakland on the East Bay BRT Project and the Waterfront Ballpark District Project. To date work included multimodal microsimulation operations and conceptual engineering design to reflect the city’ s values including a careful balance of auto, transit, pedestrian, and bicycle modes as well as curb management strategies across about 15 miles of urban streets. Efforts also included public outreach meetings, public hearings, and numerous one -onone meetings with merchants and stakeholders. For the BRT Project Rob assisted the City with final design review and construction support. While the Waterfront Project included a Transportation Management Plan addressing the safe and efficient movement of people to and from the ballpark. Rob also assisted the City with grant applications associated with both projects to obtain additional project funding to further enhance the bicycling and transit features.

MARK HOWARD, PE
Traffic and Transportation Engineering
Mark joined Fehr & Peers after completing his college education at California Polytechnic State University in San Luis Obispo. He was drawn into transportation engineering because of the potential to improve the built environment and to solve exciting and complex problems. He has worked on a variety of projects since joining Fehr & Peers, gaining experience and interest in design and operations analysis
Lakeside Lake Merritt Cycle Track, Oakland, CA, Mark evaluated the multimodal operations for this project and assisted with the design development for the lighting and traffic signals. The project proposed a road diet on Lakeside Drive reducing the existing two-lane one-way street to one-lane one-way street to accommodate two-way protected cycletrack on the lake side of the roadway and other elements; in addition, a class IV bike lane on south side and a two-way protected cycletrack on lake side are proposed on Lake Merritt Boulevard. In total, project will provide 3,500’ of cycletrack. The project was fast tracked to provided final PS& E documents so construction could begin in 2022.

Registration:

Civil Engineer, State of California (# 49620)
Traffic Engineer, State of California (# 2053)
Roadway Safety Professional (# 234)
Years of Experience: 35 (26 with F&P)
Education:

Bachelor of Science in Civil Engineering,
University of California, Davis, 1987
Registration:

Civil Engineer,
State of California (# 93213), 2021
Years of Experience: 6
Education:

Bachelor of Science, Civil Engineering,
California Polytechnic State University
San Luis Obispo, 2016
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PHIL ERICKSON, AIA | COMMUNITY OUTREACH
Phil Erickson is an urban designer, architect,
and planner with extensive and focused
experience with the planning, design, and
implementation of urban bicycle and
pedestrian facilities. He is a leader in
innovative urban bicycle and pedestrian
regional and local facilities with an
emphasis on context sensitive multimodal facilities that balance the needs of all users, the integration of placemaking and creating implementable projects. Phil is skilled with public engagement and specializes in complex and challenging projects.

He has worked with the city of Berkeley to implement successful and well received bicycle and pedestrian and multimodal and placemaking projects including West Street Pathway and Downtown Berkeley BART Plaza and Transit Center. Other related projects, in the East Bay, include Telegraph Ave Complete Streets Improvement Plan project in Oakland, and regional urban multimodal and bikeway projects such as the San Pablo Avenue Multimodal Corridor and E14th/ Mission Multimodal Corridor projects. A resident of North Berkeley and an avid bike rider and walker, Phil is familiar with the project area and its many challenges and opportunities.

CONNIE GOLDADE, RLA | LANDSCAPE ARCHITECT
Connie Goldade is a landscape architect,
urban designer, and community planner
skilled in the planning, design and
construction documentation of bicycle and
pedestrian facilities. She has a track record
of successfully implementing innovative and
thoughtful work through the design of
wayfinding signage, landscaping and green infrastructure facilities, hardscape, lighting and site furnishings, with an emphasis on high-quality community character, sustainability and placemaking. Connie has worked on many projects in the city, including West Street Pathway, Downtown Berkeley BART Plaza and Transit Center, and University Ave/ Grant bus bulb project. Her related work in the East Bay includes Coliseum Place Eastbay Greenway and Lakeside and Lake Merritt Cycletrack projects in Oakland; and the regional bikeway and pedestrian project, the East Bay Greenway. She is a ReScape Qualified Professional ( previously Bay -Friendly). A resident of North Berkeley and user of the Ohlone Greenway and neighboring streets, Connie is familiar with the Greenway and its potential.

Registration:

California Architect, C23060
Years of Experience: 35
Education:

Master of Architecture and City Planning,
Univ. of California, Berkeley, 1989
Registration:

California Landscape Architect, 3520
Years of Experience: 33
Education:

Master of Architecture and City Planning,
Univ. of California, Berkeley, 1989
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GAIL ERVIN, PHD |

ENVIRONMENTAL LEAD, CEQA
Gail has over 35 years of experience in environmental
assessment and planning, facilitation, and public dispute resolution. She specializes in downtown commercial and
housing development, municipal infrastructure, adaptive reuse of historic buildings, trails, and brownfield
development, with special expertise in downtown and
neighborhood revitalization. She has worked as a
Environmental Coordinator for a local public agency,
served as a County Planning Commissioner, and owned
her own consulting firm for 26 years before joining NCE in 2018. Her experience throughout the Bay Area provides the local background and understanding to clearly assess each project’ s resource challenges and potential effects, while creatively working with designers, engineers, and public agency staff to minimize project effects and regulatory compliance issues and provide for efficient project approval and implementation.

JENNY VAN DYKE |

PAVEMENT MANAGEMENT DESIGN
Martin Luther King Jr Way Vision Zero Quick Build
City of Berkeley, CA. The City of Berkeley was provided a grant through the Active Transportation Program ( ATP) to implement quick- build pedestrian safety improvements as a part of the City’s Vision Zero plan for the Martin Luther King Jr Way corridor, between Dwight Way and Russell Street (0.5 mile). The street is a 4-lane arterial with a history of pedestrian collisions where conditions include long existing crossing distances, limited sight lines, unmarked crossings, lack of lighting, and high vehicle speeds which create barriers for pedestrians to safely cross.

NCE provided civil design support to prepare civil and pavement repair improvement plans, technical specifications, and engineer’ s estimate for the Project. Preparation of the project base map, and design of curb ramps, median refuge islands, and hardened centerlines were completed by NCE. NCE participated in design review and coordination meetings with both the City and F& P to address the needs of the City and the Project.

Years of Experience: 35
Education:

PhD, Human Sciences, Saybrook University, 2015
M.A., Environmental Planning, Consortium of the
California State University, 1988
B.A., Social Ecology, University of California,
Irvine, 1978
Certificate, Environmental Planning, University of
California, Irvine, 1977
Years of Experience: 16
Registration:

Professional Engineer – Civil, CA #81847
Education:

BS, Civil & Environmental Engineering,
University of California at Berkeley, 2007
DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED 40th Street Transit-Only Lanes and Multimodal Enhancements Project

TASK BREAKDOWN SUMMARY
Entire Diablo Engineering Group Team
Job Nunber: Proposal
Date Revised: 10/ 25/ 2022
40th Street Transit- Only Lanes and Multimodal Enhancements Project Prepared By: Garrett Gritz Final Hours
Total
Final Fee Total
Percentage
of
Total
Labor
TASK 1.0 Project Management and Grant Management

1.1 Regularly Scheduled Project Team Meetings 288 $ 72,107. 15 3.6%

1.2 City/ Project Manager Communications and Consultations 48 $ 11,632. 67 0.6%

1.3 Partner Agency ( Staff) Coordination and/ or Meetings 64 $ 15,645.01 0.8%

1.4 Develop and Update Project Schedule 14 $ 3,192. 00 0.2%

1.5 Manage SB1 ATP Cycle 5 Grant Funding Agreement Tasks 24 $ 5,468. 00 0.3%

1.6 Manage ACTC Forms and Reports Deliverables 24 $ 5,468. 00 0.3%

1.7 Perform Project Administration Tasks 294 $ 72,077. 21 3.6% Subtotal - TASK 1.0 756 $ 185,590.05 9.2%
TASK 2.0 Environmental Review

2.1 Review Existing Project Environmental Approvals 16 $ 3,232. 40 0.2%

2.2 Prepare Memo of NEPA Environmental Recommendations 16 $ 4,033. 26 0.2%

2.3 Pavement Investigation and Design 73 $ 13,109.93 0.6%

2.4 Optional NEPA Clearance Assuming Caltrans Federal Funding 46 $ 8,401.37 0.4%

2.5 FEMA Floodplain Maps 6 $ 887. 65 0.0%

2.6 Biological Technical Memo 39 $ 6,628.28 0.3%

2.7 Visual Impact Assessment Questionnaire 15 $ 2,137.86 0.1%

2.8 Equipment Staging Technical Memo 16 $ 2,775. 51 0.1%

2.9 Cultural Resources APE and Memo - Section 106 compliance 114 $ 16,049.14 0.8%

2.10 Water Quality Technical Memo 42 $ 6,389. 22 0.3%

2.11 Hazardous Materials Technical Memo 21 $ 3,155.13 0.2%

2.12 Hydrology 19 $ 3,508.89 0.2%

2.13 ROW Information Technical Memo ( Diablo) 284 $ 45,233. 12 2.2%

2.14 Traffic Technical Memo ( F&P) 92 $ 16,748.72 0.8%
Subtotal - TASK 2.0 799 $ 132,290. 48 6.5%
TASK 3.0 Traffic Impact Assessment

3.1 Expand Existing VISSIM Model ( AM and PM models) 39 $ 6,383. 35 0.3%

3.2 Execute Existing VISSIM Model ( AM and PM models) 80 $ 13,104. 67 0.6%

3.3 Traffic Diversion Study ( AM and PM) 84 $ 13,556. 39 0.7%

3.4 Execute Project VISSIM Model ( AM and PM models) 114 $ 19,751.24 1.0%

3.5 Multimodal Traffic Operations Documentation 64 $ 12,948. 11 0.6% Subtotal - TASK 3.0 381 $ 65,743.77 3.2%
TASK 4.0 Public Outreach

4.1 Facilitate Community Engagement Meetings 335 $ 67,563. 65 3.3%

4.2 Agency Engagement 172 $ 36,835. 59 1.8%

4.3 City Committees and Council Meetings 84 $ 18,874. 43 0.9% Subtotal - TASK 4.0 591 $ 123,273. 68 6.1%
TASK 5.0 PS& E Design Services

5.1 Develop Corridor Planimetric and Topographic Surveys 292 $ 39,384. 25 1.9%

5.2 Develop Right of Way and Existing Utility Base Mapping 212 $ 28,680.23 1.4%

5.3 Facilitate Conceptual Geometric Design Development 280 $ 52,798. 31 2.6%

5.4 Develop and Finalize Geometric Approval Drawings ( 35% Milestone) 1,348 $ 214,574. 89 10.6%

5.5 Develop Final Construction Drawings ( 65% Milestone) 1,898 $ 272,250. 80 13.4%

5.6 Develop Final Construction Drawings ( 95% Milestone) 1,957 $ 294,197. 85 14.5%

5.7 Develop Final Construction Drawings ( 100% Milestone) 1,329 $ 198,714. 07 9.8%

5.8 Develop Final Construction Drawings ( Final PS& E Milestone) 668 $ 101,329. 59 5.0%

5.9 Prepare Updated Construction Cost Estimate ( 35%, 65%, 95%, 100%, Final) 612 $ 101,809. 44 5.0%

5.10 Prepare Project Specifications ( 65%, 95%, 100% and Final) 295 $ 55,304.52 2.7%

5.11 Utility Coordination 180 $ 29,799. 94 1.5%

5.12 Photometric Study 60 $ 10,164. 32 0.5%

5.13 Easement Support 228 $ 33,861. 12 1.7%

5.14 Monument Preservation 120 $ 15,802. 66 0.8%
Subtotal - TASK 5.0 9,479 $ 1,448,672.00 71.4%
TASK 6.0 Project Approvals

6.1 Coordinate and Manage PS& E Reviews and Approvals ( City of Emeryville) 72 $ 17,421. 01 0.9%

6.2 Coordinate and Manage PS& E Reviews and Approvals ( City of Oakland) 48 $ 11,228. 34 0.6%

6.3 Coordinate and Manage PS& E Reviews and Approvals ( Caltrans) 68 $ 16,330.84 0.8%

6.4 Caltrans LAPM Forms 52 $ 11,768. 00 0.6%
Subtotal - TASK 6.0 240 $ 56,748.19 2.8%
TASK 7.0 Project Funding Outlook and Grant Support

7.1 Evaluate Grant Opportunities 16 $ 3,608. 00 0.2%

7.2 Support the City with Grant Writing ( Narrative, Mapping, Exhibits, and Forms) 56 $ 12,043. 72 0.6% Subtotal - TASK 7.0 72 $ 15,651.72 0.8%
12,318 $ 2,027,969.88 100%
Other Direct Costs ( Reimbursables):

Reprographics, Expenses, Mileage and Title Reports $ 19,778. 87 Topographic Surveys/ Aerial Mapping/ Field Surveys/ Potholing $ 37,000. 00 Prepare Irrigation Plans ( subcontracted expense)$ 45,000. 00 Supplimental Weekday Traffic Counts $ 3,000. 00
Traffic Control, Coring and Soils Lab Testing $ 17,200. 00 Total Other Direct Costs ( Reimbursables):$ 121,978. 87 Diablo Engineering Group Labor ( Hours and Fee) 4,118 $ 788, 387. 60 38.0% CD+ A (Hours and Fee) 2,216 $ 320, 791. 40 15.4%
Fehr & Peers ( Hours and Fee) 1,983 $ 366, 101. 22 17.6% NCE ( Hours and Fee) 461 $ 80, 834. 59 3.9%
MNS ( Hours and Fee) 3,540 $ 520, 713. 16 25.1%
Total Hours and Labor 12,318 $ 2,076, 827. 97 100.0%
Total Other Direct Costs ( Reimbursables):$ 121, 978. 87 Total Time and Materials Cost $ 2,198, 806. 84
Total Hours/ Fee Task 1 Through Task 7
Tasks Supporting the 40th Street Transit- Only Lanes/Multimodal Enhancements Project 1 DocuSign 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED

CALIFORNIA
REV 08/2020 Page 1 of 5

EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to DIABLO ENGINEERING GROUP.

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 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED 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
All Contract Types
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
Construction Specific
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 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED 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 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED 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 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED 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 6876764F7468DocuSign Envelope Envelope ID: ID: AA11BE2C- 2C4FB8D9- 93F4- D954-4455- 4527-81C0- B1FE-F42A6E79B7ED

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.

REV 06/2020

FIRST AMENDMENT

THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT Amendment”) is effective as of ____________________ ( the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and DIABLO ENGINEERING GROUP (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

W I T N E S S E T H T H A T
WHEREAS , the City and Contractor entered into a Professional Services Contract dated January 13, 2023 (“Contract”) for the purpose of retaining the services of Contractor to provide Professional Design Services on the 40th Street Multimodal Project; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. AMENDMENT
The Parties agree to amend the Contract as checked below:

1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-1 and Exhibit A-2, attached hereto and incorporated herein by this reference.

DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E T-13
23-108
23039E-0122-PW01
22242002
08/09/2023
City of Emeryville | Professional Services Contract Amendment REV 06/2020

1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to NEW END DATE.

1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by SEVEN HUNDRED SEVENTY SIX

THOUSAND, SIX HUNDRED SEVENTY TWO DOLLARS AND NO
CENTS ($776,672.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed TWO MILLION, NINE HUNDRED

SEVENTY FIVE THOUSAND, FOUR HUNDRED SEVENTY EIGHT
DOLLARS AND EIGHTY FOUR CENTS ($2,975,478.84).

2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.

From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.

3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.

SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E City of Emeryville | Professional Services Contract Amendment REV 06/2020

6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT

FIRST AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: DIABLO ENGINEERING GROUP
Signature)
Jennifer Harmon, President/CEO
Attach:

W-9 Form
Attach:

Business License
Certificate
Attach:

Insurance Certificate
and Endorsements
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E 08/04/2023
08/09/2023
Proposal - 40th Street Multimodal Project Amendment Request 1 SCOPE OF WORK – PHASE 1
The Diablo Team will collaborate with the City Team to implement the following design and coordination items for the Project.

Project Tasks

8. 40th Street Phase 1 Added Scope of Work

8.1. Video Data Collection: For Hubbard Street, Horton Street, Holden Street, and Watts Street between 40th Street and Park Avenue, IDAX to obtain 24-hour video for 4 weeks and then processing 12 hours per day for the first 14 days, given that the nighttime will likely have little activity. All videos will be collected using strategically placed wide angle timelapse cameras to cover the curb space. Full video will be provided in addition to a summary of Delivery Truck, Single Unit Truck and Truck w/Trailer per road and by date.

8.2. Added Traffic Analysis for Horton Diverter and Chick-Fil-A: For Hubbard Street, Holden Street, Haven Street and Watts Street, the traffic analysis includes all of these streets either opened or fully closed. In the original Alternative 2, the Horton Diverter was added to the analysis as requested by the City. After further coordination, the decision on if the Horton Diverter will be installed has been postponed until after this project. The City has also brought up concerns about the heavy traffic caused by the new Chick-Fil-A restaurant. Therefore, the following tasks will be added to the traffic analysis:

Collect traffic data for Chick-Fil-A.

Update Alternative 1 (all streets open) with Chick-Fil-A data.

Add New Alternative 3 (unsignalized streets closed, no Horton Diverter) with Chick-Fil-A data.

Prepare the final operations report with updated analysis.

Exclude Alternative 2 from any further analysis and exclude it from the final report.

8.3 Added Field Topography for Hubbard Street: For Hubbard Street sidewalk on the West side, topography will be collected to be used for designing new sidewalk to close the gap between 40th Street and Park Boulevard.

8.4 Added Design for Hubbard St and Path Connection to Halleck St: For Hubbard Street sidewalk on the West side, design of new sidewalk (approximately 320 linear feet) to close the gap between 40th Street and Park Boulevard will be added to the 40th Street plan submittals.

In addition, a new Class I path (approximately 280 linear feet) will be added to connect Halleck Street to the new cycle track on 40th Street in the area of Hubbard Street. This design will involve tight grading and potentially retaining walls given the constraints between 40th Street and the Pottery & Beyond lot. This will also be added to the 40th Street plan submittals.

8.5 Additional Outreach Efforts: Unsignalized Intersection Outreach: Effort for the preparation and mailing of the mailer to these stakeholders has gone through additional rounds of review which has increased labor cost. The area the mailer is being sent to has increased the number of mailings, currently estimated to be 550.

Exhibit A-1 Page 1 of 3
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 2 Postcard to Broader Area around 40th Street project: This is a new task requiring content development and layout for the postcard to inform a broader area of stakeholders about the project moving forward and the Council Meeting where the 35% design will be approved.

Printing and mailing costs of the postcard is based on an estimated 750 addresses.

Exhibit A-1 Page 2 of 3
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E

TASK BREAKDOWN INVOICE SUMMARY
Diablo Engineering Group Team Invoicing
40th Street Transit-Only Lanes and Multimodal Enhancements Project Budget
TASK 1.0 Project Management and Grant Management

1.1 Regularly Scheduled Project Team Meetings $ 72,107.15

1.2 City/Project Manager Communications and Consultations $ 11,632.67

1.3 Partner Agency ( Staff) Coordination and/or Meetings $ 15,645.01

1.4 Develop and Update Project Schedule $ 3,192.00

1.5 Manage SB1 ATP Cycle 5 Grant Funding Agreement Tasks $ 5,468.00

1.6 Manage ACTC Forms and Reports Deliverables $ 5,468.00

1.7 Perform Project Administration Tasks $ 72,077.21
Subtotal - TASK 1.0 $ 185,590.05
TASK 2.0 Environmental Review

2.1 Review Existing Project Environmental Approvals $ 3,232.40

2.2 Prepare Memo of NEPA Environmental Recommendations $ 4,033.26

2.3 Pavement Investigation and Design $ 13,109.93

2.4 Optional NEPA Clearance Assuming Caltrans Federal Funding $ 8,401.37

2.5 FEMA Floodplain Maps $ 887.65

2.6 Biological Technical Memo $ 6,628.28

2.7 Visual Impact Assessment Questionnaire $ 2,137.86

2.8 Equipment Staging Technical Memo $ 2,775.51

2.9 Cultural Resources APE and Memo - Section 106 compliance $ 16,049.14

2.10 Water Quality Technical Memo $ 6,389.22

2.11 Hazardous Materials Technical Memo $ 3,155.13

2.12 Hydrology $ 3,508.89

2.13 ROW Information Technical Memo ( Diablo)$ 45,233.12

2.14 Traffic Technical Memo ( F&P)$ 16,748.72
Subtotal - TASK 2.0 $ 132,290.48
TASK 3.0 Traffic Impact Assessment

3.1 Expand Existing VISSIM Model ( AM and PM models)$ 6,383.35

3.2 Execute Existing VISSIM Model ( AM and PM models)$ 13,104.67

3.3 Traffic Diversion Study ( AM and PM)$ 13,556.39

3.4 Execute Project VISSIM Model ( AM and PM models)$ 19,751.24

3.5 Multimodal Traffic Operations Documentation $ 12,948.11 Subtotal - TASK 3.0 $ 65,743.77
TASK 4.0 Public Outreach

4.1 Facilitate Community Engagement Meetings $ 67,563.65

4.2 Agency Engagement $ 36,835.59

4.3 City Committees and Council Meetings $ 18,874.43
Subtotal - TASK 4.0 $ 123,273.68
TASK 5.0 PS& E Design Services

5.1 Develop Corridor Planimetric and Topographic Surveys $ 39,384.25

5.2 Develop Right of Way and Existing Utility Base Mapping $ 28,680.23

5.3 Facilitate Conceptual Geometric Design Development $ 52,798.31

5.4 Develop and Finalize Geometric Approval Drawings ( 35% Milestone)$ 214,574.89

5.5 Develop Final Construction Drawings ( 65% Milestone)$ 272,250.80

5.6 Develop Final Construction Drawings ( 95% Milestone)$ 294,197.85

5.7 Develop Final Construction Drawings ( 100% Milestone)$ 198,714.07

5.8 Develop Final Construction Drawings ( Final PS&E Milestone)$ 101,329.59

5.9 Prepare Updated Construction Cost Estimate ( 35%, 65%, 95%, 100%, Final)$ 101,809.44

5.10 Prepare Project Specifications ( 65%, 95%, 100% and Final)$ 55,304.52

5.11 Utility Coordination $ 29,799.94

5.12 Photometric Study $ 10,164.32

5.13 Easement Support $ 33,861.12

5.14 Monument Preservation $ 15,802.66
Subtotal - TASK 5.0 $ 1,448,672.00
TASK 6.0 Project Approvals

6.1 Coordinate and Manage PS&E Reviews and Approvals ( City of Emeryville)$ 17,421.01

6.2 Coordinate and Manage PS&E Reviews and Approvals ( City of Oakland)$ 11,228.34

6.3 Coordinate and Manage PS&E Reviews and Approvals ( Caltrans)$ 16,330.84

6.4 Caltrans LAPM Forms $ 11,768.00
Subtotal - TASK 6.0 $ 56,748.19
TASK 7.0 Project Funding Outlook and Grant Support

7.1 Evaluate Grant Opportunities $ 3,608.00

7.2 Support the City with Grant Writing ( Narrative, Mapping, Exhibits, and Forms)$ 12,043.72 Subtotal - TASK 7.0 $ 15,651.72
TASK 8.0 Added Scope of Work*

8.1 Video Data Collection $ 47,400.00

8.2 Added Traffic Analysis for Horton Diverter and Chick-Fil-A $ 18,000.00

8.3 Added Field Topography for Hubbard St $ 5,000.00

8.4 Added Design for Hubbard St and Path Connection to Halleck St $ 35,332.00

8.5 Additional Outreach Efforts $ 14,500.00
Subtotal - TASK 8.0 $ 120,232.00
2,027, 969. 88
Other Direct Costs (Reimbursables):

Reprographics, Expenses, Mileage and Title Reports $ 19,778.87 Topographic Surveys/ Aerial Mapping/ Field Surveys/ Potholing $ 37,000.00 Prepare Irrigation Plans ( subcontracted expense)$ 45,000.00 Supplimental Weekday Traffic Counts $ 3,000.00
Traffic Control, Coring and Soils Lab Testing $ 17,200.00 Total Other Direct Costs ( Reimbursables):$ 121,978.87
Diablo Engineering Group Labor ( Hours and Fee)$ 823,719.60 CD+A (Hours and Fee)$ 335,291.40
Fehr & Peers ( Hours and Fee)$ 431,501.22
NCE ( Hours and Fee)$ 80,834.59
MNS ( Hours and Fee)$ 525, 713. 16
Total Hours and Labor $ 2,197,059.97
Total Other Direct Costs (Reimbursables):$ 121,978.87
Total Time and Materials Cost Approved $ 2,198,806.84
Total Time and Materials Cost with Task 8 Amendment $ 2,319,038.84 Total Hours/Fee Task 1 Through Task 7
40th Street Transit-Only Lanes/Multimodal Enhancements Project

Exhibit A-1 Page 3 of 3
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 1 SCOPE OF WORK – PHASE 2
The Diablo Team will collaborate with the City Team to implement the following design and coordination items for the Project.

Task 9 – Phase 2: Bay Trail Gap Closure Project Tasks
The Diablo Team understands that the City of Emeryville will be implementing a new Bay Trail Gap Closure Project to create a new cycle track on the West side of Shellmound Street to reduce driveway conflicts and connect the 40th Street Cycle Track to the existing cycle track on Christie. The project will tie into the 40th Street Multimodal Project at the Ikea entrance intersection, where the cycle track will shift sides of the street. The following tasks are associated with this Phase 2 planning and design.

9.0. Project Management and Grant Management (Lead by Jennifer Harmon of Diablo)

9.01. Regularly Scheduled Project Team Meetings: Consultant will coordinate and attend meetings, virtually or in person if allowable, to coordinate the project with the City Project Manager and other departments as needed, including:
a. Facilitate and attend project meetings and other coordination meetings as needed, b. Prepare meeting agendas and keep records of meeting minutes as well as key decisions,
c. Control, store, and maintain project records, through hard copy and/ or electronic media,
d. It is assumed that this will be minimized as there is some crossover coordination with the 40th Street first phase of the project.

9.02. City/ Project Manager Communications and Consultations: Consultant will provide written project management communications and consultations to document critical decisions throughout the development of the project within the budgeted hours.

9.03. Partner Agency (Staff) Coordination and/ or Meetings: Consultant will coordinate and attend meetings within the budgeted hours, virtually or in person if allowable, to coordinate the project with the partner agencies, including:
a. Facilitate and attend project meetings and other coordination meetings as needed, b. Prepare meeting agendas and keep records of meeting minutes as well as key decisions,
c. Control, store, and maintain project records, through hard copy and/ or electronic media,

9.04. Develop and Update Project Schedule: Consultant will develop and update the project schedule in Microsoft Project, Excel, or Word, depending on client’ s preference. As anything changes, updates to the schedule will be coordinated with the City PM.

Exhibit A-2 Page 1 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 2 9.05. Perform Project Administration Tasks: Consultant will provide project management and coordination services throughout the development of the project and preparation of design, including:
a. Act as a single point of contact for all team members, b. Coordinate project activities with all team members and stakeholders, c. Monitor project progress, milestones, and critical path actions, d. Monitor project budget and submit invoices,
e. Submit required documents to ensure a successful project delivery, f. Provide QA/ QC on all formal submittals to the City and other stakeholders.

Deliverables
Project Meeting Notes and Action Items
Written Documentation of Key Decisions
Detailed Project Schedule
Project Invoicing and Status

9.1. Environmental ( Lead by Gail Ervin of NCE)

9.10. CEQA/ NEPA Clearance Assuming Caltrans Federal Funding: The assumption is that the Phase 2 portion of the project will be added to the Phase 1 contracted portion of the 40th Street Multimodal CEQA/ NEPA clearance and all documents and coordination with Caltrans will be one combined effort. The scope and fee outlined includes the additional effort required to add the Phase 2 portion. Construction of the cycle track in Phase 2 may include three individual CIDH pile foundations that are 3.5’ in diameter and 12’ deep for relocated traffic signal poles and will involve relocating two center medians and landscaping. The location is on a known shellmound site, highly culturally sensitive. It also requires cutting through a cap into contaminated soils that will require coordination with DTSC. While the use of spread footings are being investigated on the 40th Street project to hopefully avoid penetrating the cap, excavating into native and contaminated soils on the Shellmound cycle track cannot be avoided. At the current time, it must be assumed that both projects will involve excavating through the cap into native soils, and therefore coordination with the Department of Toxic Substances Control ( DTSC) will be required, and Caltrans will require an extended Phase I investigation for potential shellmound materials.

NCE will provide the following services related to regulatory requirements and both CEQA and NEPA clearance:

1. Initial agency consultation/ coordination

2. Background research of existing environmental conditions ( database searches)

3. Identification of environmental permits and documentation required

4. Preparation of a CEQA Categorical Exemption ( CatEx)

5. Preparation of Caltrans NEPA required documentation per the Local Assistance Training Manual
Exhibit A-2 Page 2 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 3 NCE’ s approach to providing regulatory permits and CEQA/ NEPA support services includes conducting early communication with permitting agencies and collecting background research to identify the scope of regulatory requirements affecting a project. Under the following tasks, NCE will work with the Diablo Team and the City to develop a Project Description and project boundary to use in initial consultations with agencies and verify permits, conduct background research, assist the City with their CEQA determination, and provide documentation requested by Caltrans.

NCE will conduct background research to understand which resources have the potential to occur at the sites, which environmental approvals may be required, and begin to understand potential permitting requirements. The specific database sources may include the U.S. Fish and Wildlife Service ( USFWS) ‘ IPAC’ list, U.S. Forest Service ( USFS) Existing Vegetation CALVEG, California Department of Fish and Wildlife ( CDFW) California Natural Diversity Database CNDDB), California Native Plant Society’ s (CNPS) Inventory of Rare and Endangered Plants of California, the Northwest Information Center ( NWIC) cultural resources database, Native American Heritage Commission ( NAHC) Sacred Lands File, as well as local sources of information. This information will be summarized in both tabular and graphical form to provide the City with a general understanding of resources with potential to occur within the project boundary.

NCE will review proposed project elements and will conduct initial agency consultation with the USACE and San Francisco Regional Water Quality Control Board ( Water Board) to determine potential scope of regulatory requirements affecting the project. Due to lack of federally regulated waterways being impacted by the project, NCE assumes no Clean Water Act (CWA) Section 404 permit is required from the USACE. As such, a CWA Section 401 permit from the Water Board would similarly not be required. NCE will coordinate with the Water Board to determine if the project requires a Waste Discharge Requirement ( WDR) permit for construction activities. A WDR would require a CEQA determination from the Lead Agency ( in this case, City of Emeryville) as presented in Task 2 below.

NCE will develop a memorandum presenting results of background research efforts, initial agency consultation, and subsequent list of permits anticipated to be required. Background research data collected for the memorandum will additionally be used to support the administrative record for CEQA. Some added effort to expand the project has been added to the technical memos.

9.11. Federal Emergency Management Agency (FEMA) Floodplain Maps (i.e., Firmettes)

9.12. Biological Technical Memo, including U.S. Fish and Wildlife Service ( USFWS) Species List by Quad and Endangered Species Lists from NMFS, and Wetlands Inventory Map

9.13. Visual Impact Assessment Questionnaire

9.14. Equipment Staging Technical Memo
Exhibit A-2 Page 3 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 4 9.15. Cultural Resources APE and Memo - Section 106 compliance Technical Memo will be provided for the combined project. NCE has considered the proposed project and anticipates the proposed activities can qualify for one of the 33 ‘ classes’ of State CEQA Guidelines Categorical Exemptions ( Sections 15301 through 15333). To assist the Lead Agency ( City of Emeryville) in demonstrating and determining the proposed action falls within an exempt category, NCE will develop a ‘CatEx Package’ which includes the CEQA Administrative Record containing a detailed Project Description of proposed actions; the results of database searches collected; a cultural resources study that determines no tribal cultural resources are present; a CatEx Determination specifying the exemptions( s) under which the project activities fall; and a Notice of Exemption ( NOE) form that summarizes the City’ s determination with factual evidence.

If any of the exceptions to exemptions applies ( Public Resources Code Section 21084( c), (d), and e) and State CEQA Guidelines Section 15300. 2) then the project no longer qualifies for a categorical exemption.

Although not required by the CEQA Guidelines, NCE recommends the City file the NOE form with the County Clerk (or the Office of Planning and Research when filed by a state agency). The benefit of filing a NOE is that it reduces the statute of limitations for filing a legal challenge to the project from 180 days after project approval to 35 days after filing of the NOE. Thus, filing a NOE reduces the timeframe within which a project is susceptible to legal challenge.

Assumptions
The cultural report prepared for Caltrans will result in a finding of no adverse impact on a tribal cultural resource.

If significant impacts on tribal cultural resources are identified, an initial study/ mitigated negative declaration can be prepared for an additional scope and fee.

NCE will coordinate with the Department of Toxic Substance Control on behalf of the City to permit and manage the anticipated penetrations of the cap.

9.16. Water Quality Technical Memo: Based on NCE’ s experience with the local Water Board, it is anticipated a Waste Discharge Requirement ( WDR) will be required to regulate pollutants caused by general construction activities. In the event it is determined this permit is not required based on the agency consultations conducted, the scope and fee shall be adjusted accordingly.

9.17. Hazardous Materials Technical Memo with Geotracker Hazardous Waste Information NCE will prepare and submit the request for a Field Review by Caltrans District 4. Following the field review, Caltrans determines the environmental studies required to achieve NEPA clearance. Based on our experience and preliminary review of the environment and resources near the proposed project area, we have included in this scope and fee the technical studies which we anticipate will be required by Caltrans. However, should Caltrans require a NEPA document other than a categorical exclusion, or additional technical studies other than those listed in the deliverables below, NCE can provide these services for an additional scope and fee.

To complete Environmental and Field Review NCE will complete the below deliverables.

Field Review Cover Letter
Meeting Summary of Field Review
Exhibit A-2 Page 4 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 5 Preliminary Environmental Study ( PES) Section A ( Exhibit 6-A in the Local Assistance Procedures Manual)
Field Review Form (Exhibit 7-B)
Federal Emergency Management Agency (FEMA) Floodplain Maps (i.e., Firmettes) U.S. Fish and Wildlife Service ( USFWS) Species List by Quad A Visual Resource Assessment Questionnaire
Geotracker Hazardous Waste Information
Hazardous Materials Technical Memo discussing DTSC requirements regarding cap.

ROW Information Technical Memo
Traffic Technical Memo
Summary Floodplain Encroachment Report Technical Memo
Location Hydraulic Study
Wetlands Inventory Map
Tribal Lands Map
Endangered Species Lists from NMFS
PES Supporting Notes
Historic Property Survey Report
Archaeological Survey Report
It is assumed for purposes of this scope and fee that Caltrans will request an Extended Phase I investigation ( XPI) due to the location of the known shellmound in the project area.

9.18. Hydrology
Summary Floodplain Encroachment Report Technical Memo
Location Hydraulic Study

9.19. ROW Information Technical Memo – Diablo: Scope assumes:

The goal will be to have no right of way takes, only permits to enter and construct if necessary. Diablo will provide engineering and mapping support but assumes that appraisals and other efforts of a right of way consultant will not be required.

9.20. Traffic Technical Memo – F& P: Scope assumes:

We are using the technical analysis from phase 1 and other nearby projects We do not need to forecast traffic growth
We do not need to conduct technical analysis of the forecast traffic growth

9.21. Extended Phase 1 Investigation ( XPI): This task includes borings that will provide geotechnical data for design purposes and testing and disposal costs for contaminated soil cuttings. Activities include:

1. Conduct a limited geotechnical investigation for the purposes of constructing drilled piers at locations identified on Shellmound Street.

2. The investigation will advance up to five geotechnical borings, to depths of approximately 10 to 20 ft below ground surface, at locations where traffic signal pole foundations are expected to be placed as a part of the proposed class I bike path improvements in front of IKEA.

3. A geotechnical memo will be prepared to summarize the soil boring operations, Exhibit A-2 Page 5 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 6 locations, and findings related to subsurface and groundwater conditions, including results from limited soils testing.

4. Scope includes legal disposal of contaminated soils, obtaining a permit with Alameda County Department of Environmental Health, and necessary traffic control and encroachment permitting with the City.

5. NCE will request any available as-builts of the existing signal pole foundations for review and consideration.

6. Fee for work completed by geotechnical subconsultant is $44,922 +10%.

7. NCE will review the DTSC Operations and Maintenance Plan and coordinate with DTSC and the City. This Plan and coordination would provide direction on what operations are allowable, if any oversight is required, including the need for a responsible person overseeing the borings. If additional review and coordination effort is required, and/ or disposal and or cap repair assistance is needed from NCE, additional scope and fee will be provided.

Assumptions
Does not include hours and fees related to coordinating with Native American tribes and cultural monitor during the advancement of the geotechnical borings. It is assumed this contract will be handled by Diablo or the City.

Level of effort for DTSC and City coordination on the cap is 8 hours for a principal Greg Fasiano) and 16 hours for project staff (Matt Kinney).

Deliverables
CEQA/ NEPA Documentation
Draft & Final Technical Memorandums for each Task 9.1 Memo

9.2. Public Outreach (Lead by Phil Erickson of CD+A)
The following defines an outreach strategy to address the varied community and agency engagement needs of this Phase 2 of the 40th Street Project. The main issues to address through the broader engagement process are:

1. General public outreach through the project webpage, with updates to the project information to add the extended area of Shellmound to Christie.

2. The relationship of the multimodal improvements with people who work at businesses and hotels along and near to 40th St and Shellmound St.

3. Minor Outreach to Oakland Councilmembers for support to understand if they see the improvements as a benefit for improved access to jobs, services, etc.

4. Outreach to Bay Trail users and other cyclists about the Shellmound St. improvements.

9.22. Outreach to Local Employees of Businesses along Shellmound: This task will include meeting with the Emeryville Transportation Management Association ( ETMA) Board, request membership list, prepare mailing to membership requesting they share information about survey with employees, digital invitiation to employees to take survey, prepare survey, monitor survey, prepare summary of survey input. Including Spanish translation.

Exhibit A-2 Page 6 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 7 9.23. Outreach-Oakland Councilmembers: Consultant will reach out to Oakland Councilmember staff for Kalb and Fife to discuss obtaining letters of support from Oakland Councilmembers to help in obtaining funding for Phase 2 construction.

9.24. Outreach to General Public – Pop Up: Scope assumes one pop-up, likely at Bay Street or Powell Street shopping malls. The purpose will be to receive comments on the concept design and to hopefully obtain statements of support for the project to connect 40th Street from the Oakland border all the way to the shopping mall area.

9.25. Project Specific Website/ additional materials to add Phase 2: Diablo Team members will create a project specific website where a survey and additional project information may be posted. The materials addressing Phase 2 will be added to the project specific 40th Street Multimodal website. It is assumed that a large general outreach meeting or public hearing will not be required.

9.3. PS& E Design Services ( Lead by Jennifer Harmon of Diablo)

9.30. Develop Corridor Planimetric and Topographic Surveys: It is assumed that topographic and right of way information received from the City will be used from Bay Street to Christie.

MNS survey will provide the following:

Mapping along Shellmound St from Ikea Entrance to Bay St Intersection ( Approx. 1100 LF) Mapping will include hardscape, structures, walls, fencing, striping, observable utilities, signage, and trees.

Mapping information will be provided for medians, bus stop, signal mods and ADA ramp design.

Control establishment and recovery of existing control from previous survey work (Translation will be required from the City to merge the projects.)
Additional monumentation for record centerline/ ROW establishment.

Deliverables
Topographic Mapping Base in AutoCAD Civil3D

9.31. Develop Right of Way and Existing Utility Base Mapping: Utilizing the right of way and topography provided by MNS, Diablo will create an existing utility base map.

Deliverables
Utility Base in AutoCAD Civil3D

9.32. Facilitate Conceptual Geometric Design Development: Consultant will request and review base maps including as-builts, utility plans, existing conditions, City standards and other pertinent information to design the project. City to provide any Emeryville- specific specifications and details that may be pertinent to the project.

Exhibit A-2 Page 7 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 8 Deliverables
Consultant will provide conceptual plans to be shared in the community outreach. Conceptual approval to be obtained prior to incorporating information into the geometric approval drawings.

9.33. Develop and Finalize Geometric Approval Drawings ( 35% Milestone): Consultant will scope major elements of the project with input from the City. Securing City and AC Transit approval of the project geometry is a very important project milestone. There will likely be impacts to the geometry based on the details collected along the corridor. The Consultant will prepare preliminary drawings at a scale of 1”=20’ which will reflect the agreed upon geometric information. The drawings will clearly identify the number of vehicle lanes and widths, horizontal curb alignments, geometric design for the cycletrack, sidewalk conforms, bicycle lanes/ routes conforms, the locations of proposed ADA compliant curb ramp improvements, transitions, and join conditions. Consultant will assess the existing and proposed truck turning and fire engine access based upon agreed upon design vehicles for various movements. This analysis will be incorporated into the 35% design plans. Street sections to facilitate buy off on geometry will also be included.

Fehr & Peers will assess existing traffic signal equipment and phasing at the signalized intersection crossings. Any required signal modification recommendations to best accommodate all users to be evaluated and costs estimated. The signals will incorporate the new bicycle and transit infrastructure and modified street geometry. Consultant will prepare 35% plan sheets of the signalized intersections based on the as-built plans and field investigations. The plan sheets will show existing and proposed poles, equipment, and phasing and will be coordinated with civil curb ramp improvements.

CD+A will develop 35% conceptual landscape, hardscape, and bus stop site furnishings. Scope assumes this design work will build upon the Extended 40th Street Multimodal Concept Design Draft Plans prepared earlier for the project. Work effort to include:

West side transit island, median reconstruction with new landscape and irrigation at the IKEA exit intersection, minor design changes at the north and southwest corners of Christie and Shellmound for tree replacement, including irrigation for new trees. It is assumed that no green infrastructure is required for this Phase 2 area.

Based on one consolidated set of City staff and community comments, the Consultant will revise the geometric drawings and establish the final base plans to use for the PS& E phase of the project. The final version of the geometric approval drawings is to be approved by the City before commencing with 65% plans and estimates.

Deliverables
Geometric Approval Drawings in PDF format

9.34. Develop Final Construction Drawings ( 65% Milestone): Consultant will review city comments on the 35% submittal and prepare and submit written responses to them, and AC Transit comments related to improvements at bus stops including the Transit Hub. The Diablo Team will respond to comments as appropriate and prepare 65% design plans taking comments into account.

Exhibit A-2 Page 8 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 9 Consultant anticipates demolition plans to show items to be removed, saw-cut lines, areas removed, cold milling, and utilities to be protected/ adjusted. Utilities will be shown on the demolition plans. It is anticipated that only lid adjustments to grade will be required on the civil plans and that no major utility relocations will be required. Finish grading will be shown on the improvement plans and grading details.

Traffic Signal Plans assume the following:
o IKEA, south driveway entrance for left turn pocket shift: Signal will require pole with longer mast arm.
o IKEA, north driveway exit, relocation of signals in medians: There are two signal poles in the median which will need to be relocated.
o Bay Street Driveway:

There is a southbound bus stop and pedestrian crosswalk across Shellmound. The design may require a signal modification to get the bus stop, sidewalk, and bikeway integrated with constrained ROW because of the triangle development parcel.

There is a need to maintain the property access ( It is a small parcel). We assume that the future development will be responsible for upgrading the traffic signal for the driveway and intersecting bikeway.

Shifting the lanes will cause the mast arm signal heads to shift particularly for the left turn lanes. Need new signal poles because the mast arm length needs to increase. o Hotel / Ohlone:

Lane shifts will require changing signal heads and potentially lengthen the mast arms i.e., new poles.

Need to integrate the bikeway into the signal system.
o Christie for cross over redesign
Diablo will control the master base files and keep consultants informed of any updates.

Deliverables
The 65% Drawings in PDF format (all drawings may not be included in the 65% milestone)

9.35. Develop Final Construction Drawings ( 95% Milestone): Consultant will review city comments on the 65% submittal and prepare and submit written responses to them, and AC Transit comments related to improvements at bus stops including the Transit Hub. If received, consultant will also respond to Caltrans comments. The Diablo Team will respond to comments as appropriate and prepare 95% design plans taking comments into account.

Deliverables
The Drawings in PDF format (all drawings will be included in the 95% milestone)

9.36. Develop Final Construction Drawings (100% Milestone): Consultant will review city, AC Transit and Caltrans comments on the 95% submittal and prepare and submit written responses to them. The Diablo Team will respond to comments as appropriate and prepare 100% design plans taking comments into account.

Deliverables
The Drawings in PDF format
Exhibit A-2 Page 9 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 10 9.37. Develop Final Construction Drawings (Final PS& E Milestone): Consultant will review city, AC Transit and Caltrans comments on the 100% submittal and prepare and submit written responses to them. The Diablo Team will respond to comments as appropriate and prepare final plans, specifications, and estimate taking comments into account.

Deliverables
The Drawings in PDF and CADD format

9.38. Prepare Updated Construction Cost Estimate (35%, 65%, 95%, 100%, Final): Consultant will prepare the construction cost estimate prepared in City of Emeryville format if applicable with the 35%, 65%, 95%, 100%, Final submittals. Consultant will calculate quantities with quantity backup sheets and will use unit costs based on recent relevant projects bid within the area. Budget assumes no redirection of design and minor comments. Cost estimate will be prepared to its level of specificity appropriate for each level of submittal.

Deliverables
Each Estimate in PDF and Microsoft Excel format

9.39. Prepare Project Specifications ( 65%, 95%, 100%, Final): Consultant will prepare and refine the project technical special provisions for plan items based upon the submittal comments received from the city and using the City’ s boiler plate template and Caltrans standard specifications. It is assumed that no redirection of design and minor comments.

Specifications will be developed to their level of specificity appropriate for each level of submittal.

Deliverables
Each Set of Special Provisions in PDF and Microsoft Word format

9.40. Utility Coordination: Consultant will submit utility requests on City’ s behalf. Consultant will gather utility information in the project area. This will include but it is not limited to sending utility information letters, contacting utility companies by phone or email to gather as-builts or maps. Consultant will attempt to avoid utility relocation. If utilities must be relocated, consultant to coordinate plans prepared separately by associated utility company. It is assumed that most conflicts could be avoid and that no major utility relocations are required. It is assumed that potholing will not be required.

Deliverables
Utility request documentation and tracking matrix
Exhibit A-2 Page 10 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E Proposal - 40th Street Multimodal Project Amendment Request 11 KEY ASSUMPTIONS
The following represents the key scope assumptions for our regulatory analysis and CEQA/ NEPA:

1. The project area does not contain threatened, endangered, or other special status species.

2. No biological field survey will be warranted.

3. No federally jurisdictional waterways are associated with the project, thus no regulatory permitting.

4. Construction excavation depths will extend into native subgrade only at the Ikea entrance and exit intersection and medians, requiring up to four test borings.

5. NCE will require a project boundary map, description of proposed activities, and an approximate 30% concept design to effectively consult with regulatory agencies.

6. A categorical exemption for CEQA is assumed to be the appropriate level of CEQA documentation required. If ‘ unusual circumstances’ occur ( i.e., if the cultural resources investigation identifies the presence of tribal cultural resources), a Negative Declaration or Mitigated Negative Declaration may need to be prepared under a separate scope and fee.

7. A categorical exclusion under NEPA will meet Caltrans LAPM requirements.

8. Improvements will be constructed within the City ROW.

9. Although not anticipated at this time, if it is determined through agency consultation efforts additional permits are required, a separate scope and fee will be provided.

Exhibit A-2 Page 11 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E 40th Street Multimodal Project Amendment Tasks

TASK BREAKDOWN SUMMARY
Entire Diablo Engineering Group Team
Job Nunber: Proposal
Date Revised: 5/25/2023
Prepared By: Jennifer Harmon
Final Hours
Total
Final Fee Total
Percentage
of
Total
Labor
TASKS 1-7 Total Time and Materials Cost Approved $ 2,198,806.84 TASK 8.0 40th St Phase 1 Added Scope of Work (See attached)$ 120,232.00 Phase 2: Bay Trail Gap Closure Project Tasks
TASK 9.0 Project Management and Grant Management

9.01 Regularly Scheduled Project Team Meetings 86 $ 20,042.02 3.5%

9.02 City/Project Manager Communications and Consultations 14 $ 3,192.00 0.6%

9.03 Partner Agency (Staff) Coordination and/or Meetings 14 $ 3,192.00 0.6%

9.04 Develop and Update Project Schedule 8 $ 1,832.00 0.3%

9.05 Perform Project Administration Tasks 70 $ 15,736.20 2.7% Subtotal - TASK 9.0 192 $ 43,994.22 7.6%
TASK 9.1 Environmental Review

9.10 CEQA/ NEPA Clearance Assuming Caltrans Federal Funding 58 $ 11,852.19 2.1%

9.11 FEMA Floodplain Maps 4 $ 661.24 0.1%

9.12 Biological Technical Memo 10 $ 1,357.29 0.2%

9.13 Visual Impact Assessment Questionnaire 7 $ 908.23 0.2%

9.14 Equipment Staging Technical Memo 5 $ 1,028.78 0.2%

9.15 Cultural Resources APE and Memo - Section 106 compliance* 86 $ 13,856. 62 2.4%

9.16 Water Quality Technical Memo 11 $ 1,586.29 0.3%

9.17 Hazardous Materials Technical Memo 76 $ 13,679.55 2.4%

9.18 Hydrology 8 $ 1,338.38 0.2%

9.19 ROW Information Technical Memo (Diablo) 4 $ 916.00 0.2%

9.20 Traffic Technical Memo (F&P) 57 $ 11,825.79 2.0%

9.21 *Extended Phase 1 Investigation (XPI) 114 $ 20,884.64 3.6% Subtotal - TASK 9.1 440 $ 79,894.99 13.8%
TASK 9.2 Public Outreach

9.22 Outreach to Local Employees of Businesses along Shellmound 141 $ 23,006.00 4.0%

9.23 Outreach-Oakland Councilmembers 16 $ 3,368.00 0.6%

9.24 Outreach to General Public - Pop Up 72 $ 11,912.00 2.1%

9.25 Project Specific Website/ additional materials to add Phase 2 78 $ 13,090.19 2.3% Subtotal - TASK 9.2 307 $ 51,376.19 8.9%
TASK 9.3 PS&E Design Services

9.30 Develop Corridor Planimetric and Topographic Surveys 130 $ 18,120.98 3.1%

9.31 Develop Right of Way and Existing Utility Base Mapping 8 $ 1,476.00 0.3%

9.32 Facilitate Conceptual Geometric Design Development 180 $ 28,676.00 5.0%

9.33 Develop and Finalize Geometric Approval Drawings ( 35% Milestone) 406 $ 68,241.96 11.8%

9.34 Develop Final Construction Drawings (65% Milestone) 524 $ 86,544.52 15.0%

9.35 Develop Final Construction Drawings ( 95% Milestone) 471 $ 77,669.42 13.4%

9.36 Develop Final Construction Drawings (100% Milestone) 259 $ 40,751.05 7.1%

9.37 Develop Final Construction Drawings ( Final PS&E Milestone) 187 $ 28,874.36 5.0%

9.38 Prepare Updated Construction Cost Estimate (35%, 65%, 95%, 100%, Final) 179 $ 27,975.85 4.8%

9.39 Prepare Project Specifications ( 65%, 95%, 100% and Final) 112 $ 20,063.34 3.5%

9.40 Utility Coordination 24 $ 4,072.00 0.7%
Subtotal - TASK 9.3 2,480 $ 402,465.48 69.7%
3,419 $ 577,730.88 100%
Other Direct Costs (Reimbursables):

Reprographics, Expenses, and Mileage $ 7,540.00
Topographic Surveys/Aerial Mapping/Field Surveys $ 1,200.00 Irrigation for reconstructed medians at IKEA exit & potential new tree areas $ 15,500.00 Traffic Control, Coring and Soils Lab Testing $ 54,500.00 Total Other Direct Costs (Reimbursables):$ 78,740.00
Diablo Engineering Group Labor (Hours and Fee) 1,250 $ 219,566.00 38.0% CD+A (Hours and Fee) 885 $ 133,130.00 23.0%
Fehr & Peers (Hours and Fee) 761 $ 136,111.92 23.6%
NCE (Hours and Fee) 401 $ 72,277.98 12.5%
MNS (Hours and Fee) 122 $ 16,644.98 2.9%
Total Hours and Labor 3,419 $ 577,700.00 100.0%
Total Other Direct Costs (Reimbursables):$ 78,740.00
Total Time and Materials Cost Task 9 $ 656,440.00
Total Requested Amendment $ 776,672.00
Total Time and Materials Cost with Tasks 8 & 9 Amendment $ 2,975,478.84 Total Hours/Fee Task 9
Amendment Tasks Supporting the 40th Street Multimodal Project 1 Exhibit A-2 Page 12 of 12
DocuSign Envelope ID: F4E26542- 0952-49A2-A18E-B52A39B3D15E

C A L I F O R N I A

PROFESSIONAL SERVICES CONTRACT

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

REV02/ 2024

SECOND AMENDMENT

THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT Amendment”) is effective as of ____________________ ( the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and DIABLO ENGINEERING GROUP (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

WITNESSETH THAT
WHEREAS, the City and Contractor entered into a Professional Services Contract dated January 13, 2023 (“Contract”) for the purpose of retaining the services of Contractor to provide Professional Design Services on the 40th Street Multimodal Project; and
WHEREAS, the City and Contractor entered into a first amendment of the Contract on August 9, 2023 for the purpose of increasing the contract amount; and WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. AMENDMENT
The Parties agree to amend the Contract as checked below:

1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-3, attached hereto and incorporated herein by this reference.

Docusign BD840C48F41ADocusign Envelope Envelope ID: ID: DD68D901- C5FD2A2E- FAB2- 83A4F70-64B-BAEC- BC87- 71807724F28A 1324077E- 0222-PW01 T24-141 22242002
12/30/2024
City of Emeryville | Professional Services Contract Amendment REV02/ 2024

1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to DECEMBER 31, 2028.

1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by FIVE HUNDRED NINETY SEVEN

THOUSAND, FIVE HUNDRED SEVENTEEN DOLLARS AND NO
CENTS ($597,517.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed THREE MILLION, FIVE

HUNDRED SEVENTY TWO THOUSAND, NINE HUNDRED NINETY
FIVE DOLLARS AND EIGHTY FOUR CENTS ($3,572,995.84).

2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.

From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.

3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.

SIGNATURES ON FOLLOWING PAGE
Docusign BD840C48F41ADocusign Envelope Envelope ID: ID: DD68D901- C5FD2A2E- FAB2- 83A4F70-64B-BAEC- BC87- 71807724F28A City of Emeryville | Professional Services Contract Amendment REV02/ 2024

6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT

SECOND AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
Adam Politzer, Interim City Manager
Dated: DIABLO ENGINEERING GROUP
Signature)
Jennifer Harmon, President/CEO
Attach:

W-9 Form
Attach:

Business License
Certificate
Attach:

Insurance Certificate
and Endorsements
Docusign Envelope ID: DD68D901- FAB2-464B-BC87-BD840C48F41A 11/12/2024
Docusign Envelope ID: C5FD2A2E- 83A2-4F70-BAEC- 71807724F28A 12/30/2024
Diablo Engineering Group
1300 Clay Street, Suite 600
Oakland, CA 94612
Jennifer@diabloengineeringgroup. com
510) 550-8959
November 12, 2024
Mohamed Alaoui
Public Works Director
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Subject: PROPOSAL – 40th Street Multimodal Project 2nd Amendment Request Dear Mr. Alaoui:

Diablo Engineering Group (Diablo) is excited to provide this proposal for the City of Emeryville 40th Street Multimodal Project 2nd amendment. This proposal provides added scope to account for additional requested benefit cost analysis ( BCA), Vissim Traffic Analysis, grant applications, added design for tree mitigations and wayfinding changes, potential Hubbard redesign and design services during construction.

Diablo Engineering Group will continue to be supported by four highly qualified and strategic subconsultant partners providing expertise in environmental clearance, landscape/ wayfinding, land surveying and traffic design. Our team has the capacity to deliver the proposed scope. Please find attached a detailed scope of work and fee schedule for added task 8 subtasks.

As Principal, Jennifer Harmon is authorized to negotiate on behalf of Diablo Engineering Group and to sign any contract amendment that may result from this proposal.

We appreciate the opportunity to submit our proposal for expanding the 40th Street Multimodal Project.

Please contact me at ( 510) 550-8959, Jennifer@diabloengineeringgroup. com for any communication regarding this proposal, as necessary.

Sincerely,
Diablo Engineering Group
Jennifer Harmon, P.E.

President and CEO
AmendmentDocusign Exhibit A-3 for Second
BD840C48F41ADocusign Envelope Envelope ID: ID: DD68D901- C5FD2A2E- FAB2- 83A4F70-64B-BAEC- BC87- 71807724F28A Proposal - 40th Street Multimodal Project Amendment Request 1 SCOPE OF WORK
The Diablo Team will collaborate with the City Team to implement the following design and coordination items for the Project.

Project Tasks

8. 40th Street Phase 1 Added Scope of Work

8.1. through 8.5 approved with the 1st Amendment.

8.6. Federal Grant Benefit Cost ( B-C) Analysis:

In support of the City of Emeryville applying for Federal Funding for the 40th Street Multimodal Project through the Reconnecting Communities Pilot Program. Diablo team members from Kimley-Horn to coordinate with team members to prepare Benefit Cost Analysis (BCA) meeting the USDOT Benefit-Cost Analysis guidance For Discretional Grant Program ( January 2003).

Development and review of Cal B-C 2023 INFRA/ RAISE Active Transportation model o Prepare preliminary spreadsheet - Fill in project information and background as applicable
o Develop growth rates for Daily Cycling and Pedestrian trips characteristic of context of local area for existing and new facility segments. Growth rates to be sensitive to modal shift and diverted traffic specific to this project area. o Produce estimated Time Savings per Improved Intersection o Gather and analyze all collisions and incident data from applicable sources for cyclists and pedestrians
o Compile project support, Right of Way acquisition, and Construction costs per year o Estimate projected annual infrastructure Operations and Maintenance cost per year Development and review of Cal B-C 2023 INFRA/ RAISE Sketch Model v8.1 o Prepare preliminary spreadsheet - Fill in project information and background as applicable
o Develop growth rates for Daily Traffic trips characteristic of context of local area for existing and new facility segments. Growth rates to be sensitive to modal shift and diverted traffic specific to this project area.
o Gather and analyze all vehicle collisions, incident data, and statewide basic average crash rates from applicable sources. Define reduction in transit accidents o Compile rail and transit data to define Annual Person- Trips, existing annual VehicleMiles, and future annual vehicle miles. o Define Changes in average transit travel time in non-peak and peak conditions o Compile project support, Right of Way acquisition, and Construction costs per year o Estimate projected annual infrastructure Operations and Maintenance cost per year Docusign BD840C48F41ADocusign Envelope Envelope ID: ID: DD68D901- C5FD2A2E- FAB2- 83A4F70-64B-BAEC- BC87- 71807724F28A Proposal - 40th Street Multimodal Project Amendment Request 2 Development of Summary Narrative for final Benefit Cost Analysis o BCA to be summarized as the net benefit/ cost of the multiple components of the 40th Street Multimodal Project
o All values and assumptions used in Cal B-C spreadsheets to be documented and discussed

8.7 Additional Vissim Traffic Analysis: This scope of work and fee summarizes the City request to expand the 40th Street Multimodal Transportation Analysis in response to stakeholder questions raised during the engagement process.

Diablo team members from Fehr & Peers will expand the weekday PM peak hour Vissim microsimulation model to incorporate the following intersections:

Park at Horton (all-way stop)
Park at Watt (all-way stop)
Park at San Pablo (signal)
45th at San Pablo ( signal)
This work will include multimodal data collection ( weekday 4 to 6 PM) at the above-listed intersections. The collected data will be processed to establish the peak hour traffic volumes.

Once established the volumes will be incorporated into the Vissim microsimulation models for Scenario # 1 (Existing). The model will be tested to ensure it functions like the previous model and then Measure of Effectiveness ( MOEs) will be generated.

Fehr & Peers will update and expand the Scenario # 3 (Plus Project) microsimulation model to reflect the additional intersections and the model volumes will be modified to reflect the current project as shown in the 65% submittal. Specifically, the Scenario # 3 model will be updated to reflect project design changes including:

Hubbard will be closed at 40th
Holden will remain open for right turns inbound only
Haven will be closed
Watt will remain open for right turns inbound only
The Scenario #3 model will be tested to ensure it functions like the Scenario #1 model and then MOEs will be generated.

Once the MOEs from Scenario # 1 and Scenario # 3 models have been established the documentation will be updated to reflect the new results. The documentation will also be expanded to discuss the timeline and technical justification for the unsignalized street closures.

The draft documentation will be provided to the Team ( City and Consultants) for review and comment. After receipt of all comments, the documentation will be finalized. This scope and fee assume one round of review. Subsequent rounds of review may necessitate scope and fee amendment.

Docusign BD840C48F41ADocusign Envelope Envelope ID: ID: DD68D901- C5FD2A2E- FAB2- 83A4F70-64B-BAEC- BC87- 71807724F28A Proposal - 40th Street Multimodal Project Amendment Request 3 8.8 Grant Documents:

8.8.1 State Active Transportation Program ( ATP)
Effort for the preparation of the City of Emeryville ATP grant application and supplemental MTC ATP grant application. This application includes extensive writing in response to specific questions and a compilation of photos and letters of support, including 25 attachments with numerous exhibits. Team members to provide updated community outreach statistics and summary to support the project. Diablo to prepare all documents for the ATP grant and assist the City of Emeryville with populating the on-line form.

8.8.2 Federal Active Transportation Infrastructure Investment Program ( ATIIP) Effort for the preparation of the City of Emeryville Federal ATIIP grant application. This application has different requirements than the ATP, and also includes extensive writing in response to specific questions and a compilation of letters of support, including 20 attachments with numerous exhibits. Diablo to prepare all documents for the ATIIP grant and assist the City of Emeryville with populating the on-line form.

8.9 Grant Applications:

8.9.1 MTC RM3 SR2TBT
Effort for the preparation of the City of Emeryville Safe Routes to Transit and Bay Trail (SR2TBT) grant application supporting the 40th Street multimodal project in Emeryville. Diablo will be responsible for final review of the application, and for final submittal of the document. It is understood that the City will have limited bandwidth to collaborate in the preparation of the application. This application has different requirements than the ATP and ATIIP, and also includes extensive writing in response to specific questions and a compilation of letters of support, including 15 attachments with numerous exhibits. Diablo team members will prepare:

An outline and set of questions for the City
Draft application for Diablo and City review
Final application based on one round of consolidated comments.

The application will include updated figures and new figures to respond to MTC’ s specific requests. Updated cost estimating and design will be incorporated.

8.9.2 Alameda CTC 2026 CIP funding
Effort for the preparation of City of Emeryville Alameda CTC 2026 CIP funding grant application. Diablo will be responsible for final review of the application, and for final submittal of the document. It is understood that the City will have limited bandwidth to collaborate in the preparation of the application. Diablo team members will prepare:

An outline and set of questions for the City
Coordination with Alameda CTC staff on application requirements Draft application for Diablo and City review
Final application based on one round of consolidated comments.

8.10 Added Design for Tree Mitigations and Wayfinding Changes: Added design efforts to incorporate full landscaping of medians, new tree mitigations requested by the City arborist, and implementation of revised City wayfinding standards. This effort includes coordination with the City engineering staff and the City arborist to agree on the parameters of the required over excavation, structural soil limits and deepened asphalt base under sidewalk near trees.

Docusign BD840C48F41ADocusign Envelope Envelope ID: ID: DD68D901- C5FD2A2E- FAB2- 83A4F70-64B-BAEC- BC87- 71807724F28A Proposal - 40th Street Multimodal Project Amendment Request 4 8.11 Potential Hubbard Redesign: Because there is potential for the property owners along Hubbard Street to continue to pursue only a partial closure of Hubbard Street, still allowing vehicles to turn from 40th Street onto Hubbard St, there is a possibility that Hubbard Street would need to be redesigned. The design team has determined that a new signal or RRFB would not be appropriate at this location, therefore the redesign would focus on shifting the bike facilities to the north in order to create space for a right turn pocket. Lighting and landscaping, including the green infrastructure layout, will need to be updated in addition to the revised civil infrastructure.

8.12 Design Services During Construction:

Efforts have been estimated to provide adequate budget for design services during construction, however, the amount of effort that construction will require will vary. Budget assumes that the City of Emeryville will hire a construction management firm with a qualified resident engineer to run this complicated project. Scope included in the budget, billed on time and materials.

8.12.1. Review Shop Drawings and Submittals: Review and approve Contractor’ s submittals including shop drawings, product data and specifications.

8.12.2. Attend job site meetings: Attend job site meetings and perform site observations as needed.

8.12.3. Prepare Meeting Agenda and Minutes: Prepare for construction meetings as needed.

8.12.4. Prepare proposal requests and change order documents as required.

8.12.5. Respond to RFIs: Review and respond to Contractor’ s Request for Information ( RFI).

It is anticipated that the support of an arborist will be needed for this for the following:

Field review and monitoring
Field review reports on impacted trees.

Review tree protection, when tree roots are exposed, post construction, do potential stress test if needed, etc.

8.12.6. AutoCAD As-built Drawings: Consultant will prepare and review AutoCAD As-Built drawings.

Docusign BD840C48F41ADocusign Envelope Envelope ID: ID: DD68D901- C5FD2A2E- FAB2- 83A4F70-64B-BAEC- BC87- 71807724F28A Proposal - 40th Street Multimodal Project Amendment Request 5 FEE ESTIMATE
The Diablo Team will provide the scope of work within the following fee estimate.

TASK DESCRIPTION FEE

8.6 Federal Grant Benefit Cost Analysis $ 24,000.00

8.7 Additional Vissim Traffic Analysis $ 37,517.00

8.8 ATP and ATIIP Grant Documents $ 62,000.00

8.9 MTC RM3 SR2TBT & ACTC Grant Applications $ 44,000.00

8.10 Added Design for Tree Mitigations and Wayfinding Changes $ 30,000.00

8.11 Potential Hubbard Redesign $ 100,000.00

8.12 Design Services During Construction $ 300,000.00
Total: $ 597,517.00
Docusign BD840C48F41ADocusign Envelope Envelope ID: ID: DD68D901- C5FD2A2E- FAB2- 83A4F70-64B-BAEC- BC87- 71807724F28A RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE

AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE

PROFESSIONAL SERVICES CONTRACT WITH DIABLO ENGINEERING GROUP FOR COSTS FOR ADDITIONAL SERVICES ASSOCIATED WITH THE 40TH STREET

MULTIMODAL PROJECT, AND INCREASING THE TOTAL CONTRACT
COMPENSATION BY $1,437,285.00 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $5,010,280.84
WHEREAS, on March 3, 2020, the City Council approved the conceptual design of the 40th Street Multimodal Project and found it to be exempt from the California Environmental Quality Act; and
WHEREAS, in August 2022, the Public Works Department issued a Request for Proposals for Professional Design Services for the 40th Street Transit-Only Lanes and Multimodal Enhancements Project and after careful evaluation City staff identified Diablo Engineering Group (“Diablo Engineering”) as the most suitable consultant considering their approach, experience, and understanding of the City's requirements; and WHEREAS, the City and the Contractor entered into a Professional Services Contract on January 13, 2023 in the amount of $2,198,806.84; and
WHEREAS, the First Amendment to the Professional Services Contract with Diablo Engineering Group was executed on August 8, 2023, for additional services in the amount of $776,672, increasing the total contract amount to $2,975,478.84; and WHEREAS, the Second Amendment to the Professional Services Contract with Diablo Engineering Group was approved by the City Council on November 19, 2024 (Resolution No. 24-141) for additional services in the amount of $597,517, increasing the total contract amount to $3,572,995.84; and
WHEREAS, since approval of the Second Amendment, the Project has completed environmental review pursuant to the California Environmental Quality Act (CEQA), completed tribal consultation pursuant to Assembly Bill 52, and is nearing completion of environmental review pursuant to the National Environmental Policy Act (NEPA) through Caltrans; and
WHEREAS, additional consultant services were and will be required to complete environmental documentation, finalize engineering design, prepare bid-ready Plans, Specifications, and Estimates (PS&E), and provide design support during construction for the 40th Street Multimodal Project; and
WHEREAS, funding for the Third Amendment will be provided through previously appropriated project funds; and
Resolution No. _____
40th Street Multimodal Project – Diablo Engineering Group 3rd Amendment City Council Meeting | March 17, 2026

WHEREAS, Diablo Engineering work has been satisfactory to date; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville by the City Council of the City of Emeryville that the City Manager is authorized to execute a Third Amendment to the Professional Services Contract with Diablo Engineering Group for costs for additional services associated with the 40th Street Multimodal Project, as described in Exhibit A, and increasing the total compensation to the Contractor by $1,437,285.00, for a total contract amount not to exceed $5,010,280.84.

ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held March 17, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
▪ Exhibit A – Professional Services Contract Third Amendment

City of Emeryville

C A L I F O R N I A

M E M O R A N D U M
DATE: March 17, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY:Mohamed Alaoui, Public Works Director
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EMERYVILLE ADOPTING AN INITIAL STUDY / MITIGATED
NEGATIVE DECLARATION FOR THE 40TH STREET MULTIMODAL

PROJECT IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA); AUTHORIZING THE

CITY ENGINEER TO ADVERTISE THE PROJECT FOR
CONSTRUCTION BIDS; APPROVING VEHICLE ACCESS

RESTRICTIONS PURSUANT TO CALIFORNIA VEHICLE CODE
SECTION 21101; DESIGNATING TRANSIT-ONLY LANES
PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 21655.1;

AND CONFIRMING THAT PROJECT PLANS INCLUDE DISABLED

PARKING ZONES, LOADING ZONES, AND CURB COLORS

REQUESTED BY ADJACENT PROPERTIES

RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled resolution adopting an Initial Study/Mitigated Negative Declaration for the 40th Street Multimodal Project (Project) in accordance with the California Environmental Quality Act (CEQA); and authorizing for the City Engineer to advertise the Project for construction bids; authorizing vehicle access restrictions pursuant to California Vehicle Code section 21101; designating transit-only lanes pursuant to California Vehicle Code section 21655.1; and confirming that Project plans include disabled parking zones, loading zones, and curb colors requested by adjacent properties.

BACKGROUND
The 40th Street Multimodal Project (“Project”) is an initiative undertaken by the City of Emeryville to improve transportation modalities for bus riders, pedestrians, and cyclists.

The Project focuses on the redesign of 40th Street and Shellmound Street, as well as sections of San Pablo Avenue and adjacent unsignalized side streets intersections. 40th Street is a vital multimodal connector, providing access to employment, essential services, and regional transit hubs including the MacArthur BART Station and the Bay Trail, and the purpose of the Project is to enhance connectivity, safety, and efficiency for all modes of transportation.

The Project has been developed for nearly a decade through a deliberate, phased process with extensive community engagement and multiple City Council decisions. 40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

The Project's origins date back to 2017, when public input led the City Council to direct staff to advance a design concept. Following further community engagement, the City Council formally approved the conceptual design for the Project on March 3, 2020 (Resolution No. 20-017) and at that time determined that the Project was exempt from the California Environmental Quality Act (CEQA). As part of that 2020 action, the Council also directed staff to study the feasibility of partially closing several unsignalized cross-streets on the north side of 40th Street to further enhance safety.

As the design and funding strategy progressed, the City Council took several key actions on July 18, 2023 (Resolution Nos. 23-105, 23-106, 23-107, and 23-108), to significantly refine and expand the Project's scope. The Council directed staff to bring back an updated design concept with an expanded Project scope to include:
• Vehicle access restrictions of Hubbard and Haven Streets and partial vehicle access restrictions of Holden and Watts Streets.
• Incorporation of the Shellmound Street segment (known as Part 2: Bay Trail Gap Closure) into the original Project scope, creating a single, unified 40th Street Multimodal Project.

Following July 2023 Council direction, staff and the consultant team completed a comprehensive traffic study and technical analysis, which was released to the public in August 2025. These reports validated the safety benefits and confirmed that the proposed design was appropriate. Subsequently, on November 18, 2025, the City Council held a public meeting and approved the final Project Description and design concept (the Updated Project) and directed staff to bring back the Updated Project for final approval following completion of environmental review pursuant to CEQA.

The City prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the Updated Project which was finalized and circulated for a 45-day public comment period beginning on November 24, 2025 and concluded on January 7, 2026. Preparation and circulation of the IS/MND for the Updated Project ran concurrently with the National Environmental Policy Act (NEPA) review process led by Caltrans.

The Updated Project has been refined for nearly a decade, with items being brought to various Bicycle and Pedestrian Committee meetings, Transportation Committee meetings, and (23) twenty-three items confirming direction and progress of the project at City Council since 2017.

DISCUSSION
The 40th Street Multimodal Project has reached its final approval milestone. Staff has completed the environmental review process as directed by Council and is now returning to seek final Updated Project approval and authorization to solicit construction bids.

Completion of Environmental Review (CEQA & NEPA)
40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

• CEQA Process & Response to Comments: The 45-day public comment period for the draft IS/MND resulted in 55 comments from residents, businesses, and public agencies. In accordance with CEQA, staff and the consultant team have prepared a "Response to Comments" document (RTC) (Section 2 of Attachment B), which provides a written response to every substantive environmental comment received. Where multiple commenters raised similar concerns, the RTC provides Master Responses. Other comments are addressed with individualized responses. Comments are organized into three categories: 1) comments from public agencies; 2) public comments that raise environmental issues; and 3) public comments that do not raise environmental issues but relate to project merits. All comments, regardless of category, are included in the final administrative record for the City Council's consideration. The RTC combined with the draft IS/MND constitutes the Final IS/MND for the Updated Project. The proposed resolution requests that the City Council formally adopt this Final IS/MND (Attachment B).
• Tribal Consultation: A key part of the environmental process involved formal consultation with interested Native American tribes. The City has successfully concluded the state-mandated AB 52 consultation process with all participating tribes as of February 19, 2026. All tribal feedback has been addressed and incorporated into the Updated Project's mitigation and monitoring plan. • NEPA Status: The federal NEPA environmental review, managed by Caltrans, is in its final stages. All Updated Project documentation has passed the District 4 review and is currently with Caltrans Headquarters for final signature as of February 9, 2026. Staff anticipates completion of the NEPA review process in the next few weeks.

Ongoing Stakeholder Outreach
Staff has continued to engage with key stakeholders to address specific community concerns. Such outreach efforts included several in-person meetings with the residents of 1440 By The Bay assisted living facility to confirm and refine biking, parking and loading modifications along their frontage, including the loading and drop-off zones along 40th Street. Staff met with the residents on February 2nd and again on March 2nd to confirm that the City’s proposed design is ADA compliant and balances their operational needs with the Updated Project's safety goals. The residents in attendance at the meetings confirmed that the design details in the drop-off zones along 40th Street addressed their concerns, and staff confirmed that these details would be included in the construction contract bid documents for the Updated Project.

In response to business owner concerns about access for large, infrequent truck deliveries, staff has been working with the affected business owner and proposed a license agreement with the City to permit large vehicle delivery access onto Hubbard Street from 40th Street for their businesses. Although at least one business owner has not agreed to the City’s terms in the proposed license agreement, City staff is optimistic 40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

that such an agreement can ultimately be reached and will continue to work with the affected business community to reach an amicable solution that balances both safety concerns and business delivery needs.

Vehicle Access Restrictions
The Updated Project includes vehicular access restrictions at several side streets intersecting with 40th Street in order to reduce turning conflicts with the proposed protected bicycle facilities and transit-only lanes and to improve corridor safety and operations. These access restrictions include vehicular access restrictions at Hubbard Street and Haven Street and partial vehicular access restrictions at Holden Street and Watts Street. Partial restrictions convert the intersections to entry-only configurations while maintaining two-way circulation on the side streets through cul-de-sac designs.

Pursuant to California Vehicle Code Section 21101, local authorities may restrict vehicular access or prohibit entry or exit movements through the installation of roadway design features such as medians, curbs, traffic barriers, or other traffic control devices.

The vehicular access restrictions proposed as part of the Updated Project are described in Attachment A – Project Description and will be implemented through the roadway design elements while maintaining access for emergency vehicles.

These vehicular access restrictions are intended to reduce turning conflicts, improve safety for pedestrians and bicyclists, and support reliable transit operations along the 40th Street corridor in accordance with the City’s circulation policies and multimodal transportation objectives.

Transit-Only Lanes
The Updated Project includes dedicated transit-only lanes along portions of 40th Street and Shellmound Street intended to improve transit reliability and support the City’s multimodal transportation goals. These lanes prioritize bus operations along a key regional transit corridor connecting to the MacArthur BART Station and other regional transit services.

Pursuant to California Vehicle Code Section 21655.1, transit-only lanes must be designated by ordinance or resolution of the City Council. Approval of the Updated Project therefore constitutes approval of the transit-only lanes described in Attachment A – Project Description, allowing for the installation and enforcement of the required pavement markings, signs, and traffic control devices necessary to implement the transit priority treatments included in the Updated Project.

Disabled Persons Parking Zones, Loading Zones, and Red Curbs The Updated Project includes the installation and relocation of disabled parking zones and modifications to existing loading zones to maintain accessible parking in areas where curb regulations are modified by the Project’s improvements. Pursuant to the Emeryville Municipal Code, the Transportation and Sustainability Committee may designate disabled parking zones and loading zones with the consent of the City Council. These changes can also be approved directly by the City Council. 40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026

As part of this project approval, City Council consent is requested for the following disabled parking zones:
• Park Avenue at Halleck Street
• Park Avenue at Hollis Street
• 40th Street at Horton Street
• 40th Street at Harlan Street
• 40th Street at Adeline Street
The Updated Project also includes establishment of an approximately 100-foot white curb loading zone with a one-hour time limit (between the hours of 6:00 AM to 8:00 PM) along the frontage of 1440 By The Bay. This loading zone was developed in coordination with residents and staff of the facility to accommodate emergency vehicles, passenger loading, resident move-ins, deliveries, and service vehicles while maintaining safe circulation along the corridor.

The Updated Project also includes installation of red curb markings at transit stops and other locations necessary for safety and operational purposes within the project corridor. These red curb designations support bus operations, improve visibility at intersections, and provide daylighting where needed to improve safety for pedestrians and bicyclists. These curb color modifications are reflected in the Updated Project plans and described in Attachment A – Project Description.

Approval of this Updated Project therefore includes the designated disabled parking zones, loading zones, and associated curb color modifications in Attachment A.

General Plan Consistency
The Updated Project implements several policies of the City’s General Plan, including policies supporting multimodal transportation safety, improved transit operations, and expanded bicycle and pedestrian facilities. The Updated Project advances the City’s Complete Streets and Active Transportation Plan objectives by reducing vehicle conflict points, improving bicycle and pedestrian infrastructure, and enhancing transit reliability along a key regional transportation corridor.

Updated Project Approval and Path to Construction
With the conclusion of the IS/MND public comment period and the preparation of the Final IS/MND (Attachment B), the environmental review process is complete and the Updated Project is ready for City Council approval. Staff recommend the City Council take the following final actions to move this vital Updated Project into construction:

1. Adopt the Final Initial Study/Mitigated Negative Declaration for the Updated Project.
• Authorize the City Engineer to advertise the Updated Project for construction bids and confirm that the following details will be included in the project plans:
o Loading zone design for the frontage of the 1440 By The Bay property, as selected by the residents.
40th Street Multimodal Project - IS/MND Adoption and Authorize Bids City Council Meeting | March 17, 2026