City Council and Concurrent Authorities
May 21, 2024

Professional Services Contract – MARK THOMAS AND COMPANY, INC. – PROJECT NO. WT24030 (Updated 04/24/23)
PROF

ESSIONAL SERVICES CONTRACT
THIS CONTRACT is entered into this day of 2024, between the CITY OF STOCKTON, a munici pal corporation (“City”), and MARK THOMAS AND COMPANY, INC. whose address is 701 UNIVERSITY AVENUE, SUITE 200, SACRAMENTO, CA 95825 (“Consultant”) for the DR. MARTIN LUTHER KING JR.

BOULEVARD UNDERPASS RECONSTRUCTION (PROJECT NO. WT24030) , hereinafter referred to as "Project".

RECITALS
A. Consultant represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.

NOW THEREFORE , in consideration of the mu tual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.

2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this refer ence. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $1,429,195.00 or as otherwise mutually agreed to in a Contract Amendment.

3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expens e the insurance coverage as set forth in the attached Exhibit C and shall otherwise comply with the other provisions of Exhibit C.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted under the public policy of the State of California, Consultant shall

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Professional Services Contract – MARK THOMAS AND COMPANY, INC. – PROJECT NO. WT24030 (Updated 04/24/23)

indemnify, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against any and all claims and causes of action which result in liabilities, judgments, awards, losses, damages, expenses, and costs (including reasonable attorneys’ fees, expert and consultant fees, and other expenses of litigation) including, but not limited to, death or injury to persons, or damage to property, which arise out of any violation of federal, state, or municipal law or ordinance, to the extent damages are caused by the Consultant’s negligent services provided under this Agreement, or are in any way caused by the negligent performance of work by the Consultant or Consultant’s officers, agents, employees, or subcontractor s. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a cour t of law or ar bitrator to arise from the negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit th e defense or indemnity obligations of Consultant to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Consult ant under the law. T he indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With the exception that this section shall in no event be construed to require indemnification by Consultant to a greater extent than permitted u nder the public policy of the State of California, and in addition to the other indem nity obligations in this Agreement, Consultant shall indemnify, defend, and hold harmless the City of Stockton, its officers, officials, employees, and volunteers from and against claims, losses, expenses, and costs including, but not limited to, reasonable attorneys’ fees, arising out of any claim brought against the City by an employee of Consultant, regardless of whether such claim may be covered by any applicab le workers compensation insurance.

Consultant’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Consultant under workers’ compensation acts, disability acts, or other employee benefit acts.

5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on August 31, 2028 , unless extended by mutual agreement through the issuance of a Contract Amendment.

a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City.

b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitat ion. City shall have no obligation or liability to pay any invoice for work performed whic h Consultant fails or neglects to

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Professional Services Contract – MARK THOMAS AND COMPANY, INC. – PROJECT NO. WT24030 (Updated 04/24/23)

submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employme nt of persons or in the prov ision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

a. TITLE VI

Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits o f, or be subjected to discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

b. DISCRIMINATION AND HARASSMENT POLICY

The City of Stockton has a Discr imination and Harassment Policy (Exhibit D). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigat ing, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVISIO NS/CALIFORNIA LABOR CODE

The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode shall be considered part of the contract
agreement. https://leginfo.legislature.ca.gov/faces/codes_displayText.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2.

d. PREVAILING WAGE RATES

Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has

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Professional Services Contract – MARK THOMAS AND COMPANY, INC. – PROJECT NO. WT24030 (Updated 04/24/23)

determined the general prevailing rate s of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar pur poses applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.

i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate det ermination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual co st of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of Califo rnia. To forfeit as a penalty to City the sum of TWENTY-FIVE A ND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work mo re than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the pr ovisions of Sections 1770 to 1781 of the Labor Code of the St ate of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.

iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall ensure that the prim e and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all

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Professional Services Contract – MARK THOMAS AND COMPANY, INC. – PROJECT NO. WT24030 (Updated 04/24/23)
subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) ce rtified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admin ister and conduct apprenticeship programs, if applicable to the job.
e. SANCTIONS
Deliverables must conform with all applicable federal, state, and loc al laws.

Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively ai d and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.

8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrant s that it has or will have at the time this Contract is executed, all licenses, permits , qualifications, insurance, and approvals of whatsoever nature which are legally requir ed for the Consultant to pr actice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations , and provide professional advice and recommendations regarding this project.

9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other document s completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject ma tter in all materials is hereby assigned to the City and the Consultant agrees to exec ute any additional do cuments that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not

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Professional Services Contract – MARK THOMAS AND COMPANY, INC. – PROJECT NO. WT24030 (Updated 04/24/23)

be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.

11. TERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultan t. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

12. CONSULTANT STATUS. In performing the obligat ions set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Cons ultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.

The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Cons ultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

a. If in the performance of this Contra ct any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of C onsultant. All terms of employment including hours, wages, working c onditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.

i. It is further understood and agreed t hat Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.

ii. As an independent cont ractor, Consultant he reby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any content ion by any third party that employer-employee relationship exists by reason of this Contract.

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Professional Services Contract – MARK THOMAS AND COMPANY, INC. – PROJECT NO. WT24030 (Updated 04/24/23)

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior writt en consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

15. NOTICES. Any and all notices herein require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: Mark Thomas and Co., Inc. To City: Public Works Director 701 University Avenue City of Stockton
Suite 200 22 E. Weber Ave., Rm. 301
Sacramento, CA 95825 Stockton, CA 95202

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained al l certificates, licenses, permits and the like required to perform the services under this Contract.

17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for serv ices under this Contract. Upon request, Consultant agrees to furnish City, or a designated representat ive, with necessary information and assistance.

Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant informati on requested, and shall permit City or its delegate access to its prem ises, upon reasonable notice, dur ing normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance wit h this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or in vestment that would be affected in any manner

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Professional Services Contract – MARK THOMAS AND COMPANY, INC. – PROJECT NO. WT24030 (Updated 04/24/23)

or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

20. WAIVER. In the event either City or C onsultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

21. GOVERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be am ended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency o ccur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
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DR. MARTIN LUTHER KING JR. BOULEVARD UNDERPASS RECONSTRUCTION PROJECT PA&ED and 50% Design
City of Stockton

WORK PLAN SCOPE
The Mark Thomas team has successfully delivered PA&ED projects across the state and within the San Joaquin Valley.

With this experience and knowledge, we’ve developed a detailed work plan that addresses critical and non- critical tasks needed to complete a streamlined PA&ED and 50% design.

TASK 1. PROJECT MANAGEMENT – MARK THOMAS
Mark Thomas will manage the project team and Mark Thomas’s Project Manager will plan, organize, direct, and monitor project work activities and resources in accordance with contracted scope, schedule, and budget. This task will include managing the team, coordinating with the City of Stockton (City), and includes preparing contract paperwork, memos, letters, and emails along with making phone calls and maintaining project files. These activities commence with receiving the Notice-To-Proceed and continue through submittal of the key final project deliverables. The PA&ED is anticipated to take 14 months with an additional 4 months for 50% design for a total of 18 months .

Task 1.1. Project Administration
This task will include managing subconsultant contracts and planning ahead for milestones requiring joint project team efforts. Our project manager will develop and maintain a project schedule, prepare monthly invoices and progress reports, and maintain project files. The monthly progress report will include a summary report of progress, including schedule and budget notes. The project schedule will be updated on a monthly basis.

Mark
Thomas will manage the project team which includes general project coordination with the City, preparing contract paperwork, memo’s, letters and emails along with making phone calls, preparing invoices and monthly progress report and maintaining project files. We will update the Critical Path Schedule (CPM) on a monthly basis to track performance and identify issues that could either delay or accelerate the schedule. Each submittal will clearly be shown in the CPM and tracked for internal progress and external review periods. The CPM will be presented as a discussion item at each Project Development Team (PDT) meeting.

Task 1.2. Meetings and Coordination
This task includes coordinating and scheduling meetings, periodically checking in on subconsultant progress, and assisting in communication between team members, City, and other stakeholders. Mark Thomas will attend a project kickoff meeting with the City and hold up to twelve (12) Project Development Team (PDT) meetings and four (4) technical focus meetings with City staff to keep the project on track.

Mark
Thomas working with City staff will establish a Project Development Team (PDT) that will includ e members of the design team, City, SJRRC, and other individuals critical to the project delivery. This task includes preparing agendas and summarizing meeting notes and action items. Action items will be tracked until resolved. This scope assumes a total of 14 meetings over the anticipated 14-month schedule. The majority of the meetings will be conducted virtually. A few meetings will be face-to-face and for budget purposes it is assumed that three will be face-to-face.

EXHIBIT A

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DR. MARTIN LUTHER KING JR. BOULEVARD UNDERPASS RECONSTRUCTION PROJECT PA&ED and 50% Design
City of Stockton

Task 1.3. Quality Assurance / Quality Control
Mark Thomas will use their in-house specific Quality Management Plan that describes the quality procedures that will be implemented for work performed during the development, review, and approval of the PR. This task also includes performing QA/QC work on project milestone deliverables.

TASK 1 DELIVERABLES:
• Project Schedule with monthly updates (up to 14)
• Monthly invoices and progress reports (up to 14)
• Meeting Agendas and Minutes for Kickoff Meeting:
o 1 Kick-off Meeting
o 12 PDT Meetings
o 4 technical focus meetings
• QA/QC documentation
Deliverables to be submitted in .pdf format unless specifically stated otherwise TASK 2. BACKGROUND RESEARCH
The Mark Thomas team will gather and compile available data into a base map to be used as a starting point for the preliminary engineering and environmental studies. Some survey control and photogrammetric topography has been completed as a part the previous project phase and is assumed it can be used for the PA&ED. However, if this information is not available, the project will use GIS level surveys for design and right -of-way.

Task 2.1. Data Collection – MARK THOMAS / HDR
The Mark Thomas team will gather and review available existing information and reports relevant to the project site, history, and planning context from the City, UPRR/BNSF and other local agencies. These may include as-built plans, utility maps, City planning documents, previous study reports, Stockton Diamond Project plans, and local and regional funding plans. Our team will compile record information, Assessor’s Parcel Maps and GIS to depict the approximate location of the existing right of way, property lines, and easements. We assume the City will provide copies of all relevant record maps.

Task 2.2. Base Map – MARK THOMAS
In order to advance design beyond PA&ED phase, budget is earmarked for design in this phase of work and supplemental surveys and mapping will be conducted in the subsequent phase of work for the 65% design phase. The existing aerial mapping and GIS mapping will be compiled into an Electronic Base Map. This will be in AutoCAD format.

TASK 2 DELIVERABLES:
• Compiled existing topography supplemented with GIS mapping – not a separate deliverable but is included with preliminary engineering plans
Deliverables to be submitted in .pdf format unless specifically stated otherwise

EXHIBIT A

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DR. MARTIN LUTHER KING JR. BOULEVARD UNDERPASS RECONSTRUCTION PROJECT PA&ED and 50% Design
City of Stockton

TASK 3. ENVIRONMENTAL SERVICES
Task 3.1. Environmental Documentation (CEQA/NEPA) - LSA CEQA Compliance
LSA will work with the City as the CEQA lead agency to provide clearance pursuant to the California Environmental Quality Act (CEQA). The State Legislature established that CEQA environmental review provisions do not apply to a railroad grade separation project that reconstructs an existing grade crossing (CEQA Guidelines Section 15282(g). The project would reconstruct the western Union Pacific Railroad bridge grade separation at Dr. MLK Jr. Boulevard; therefore, the project qualifies for a Statutory Exemption. LSA will prepare a Notice of Exemption (NOE) for review and approval by the City, and upon approval, LSA will file the signed NOE with the San Joaquin County Clerk’s Office. The City will be responsible for the appropriate filing fees.

Note: Although it is not anticipated, but if it is determined that the project does not qualify for a Statutory Exemption due to inclusion of extenuating project components requiring CEQA evaluation, documentation for clearance of the project under CEQA will be prepared but it will be considered additional work and a revised scope and budget would need to be evaluated and negotiated.

NEPA Compliance
The project could utilize federal transportation funds and would therefore require environmental clearance under NEPA as well as CEQA clearance. This scope of work assumes that Caltrans will be the NEPA lead agency under their Memorandum of Understanding with the Federal Highway Administration.

23 CFR 771.117 defines the class of actions that may quality for Categorical Exclusions (CE) under NEPA. CEs are divided into two groups based on the action's potential for impacts. The first group consists of categories of actions that experience has shown almost never cause significant environmental impacts. These categories involve minor construction activities and activities that do not lead to construction. They are listed in subsection (c) of 23 CFR 771.117.

These actions are automatically classified as CEs, except where unusual circumstances occur. The 771.117 (c) list, item number 3 includes the following class of actions:

 “Construction of bicycle and pedestrian lanes, paths, and facilities.”

While the project will demolish the old railroad bridge and associated facilities, and reconstruct Dr. MLK Jr. Boulevard, the primary purpose of the project is to provide modern, safe, and accessible facilities for all modes of transportation, including bicycles and pedestrians. The new Dr. MLK Jr. Boulevard will provide new and uninterrupted connectivity of communities east and west of the railroad corridor.

FHWA regulation 23 CFR 771.117(b) provides that any action which normally would be classified as a CE but could involve unusual circumstances require Caltrans to conduct appropriate environmental studies to determine whether a categorical exclusion is proper. Unusual circumstances include actions that involve:

 Significant environmental impacts;
 Substantial controversy on environmental grounds;
 Significant impact to properties protected under 4(f) of the USDOT Act or section 106 National Historic Preservation Act; and Inconsistencies with any federal, State, or local law relating to environmental impacts.

EXHIBIT A

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DR. MARTIN LUTHER KING JR. BOULEVARD UNDERPASS RECONSTRUCTION PROJECT PA&ED and 50% Design
City of Stockton

To evaluate whether any unusual circumstance exist with the proposed project, the LSA team will prepare the Draft and Final PES form. The PES form will be based on information data provided by various sources that include the City of Stockton. SJRRC, Stockton Diamond, site visits, and records searches . The PES will assist in scoping the level of environmental documentation needed for the proposed project. The PES will be prepared per the requirements of Chapter 6 of the Caltrans Local Assistance Procedures Manual (LAPM) and the Caltrans SER web site (June 2021). The completed PES form will include both the PES Checklist (Parts A and B) and typed responses to the checklist questions to support the conclusions in the PES.

L
SA will prepare the final PES based on comments from the City, SJRRC, and Caltrans and submit the Draft Final PES to the City, SJRRC, and Caltrans for review. Following Caltrans review, LSA will revise the PES per Caltrans comments and submit the PES to Caltrans for signature and approval. The Final signed PES will be distributed to the City, SJRRC, Mark Thomas, and Caltrans.

Task 3.2. Technical Studies
Task 3.2.1. Community Impacts Assessment (CIA) Memorandum - LSA The LSA team will prepare a CIA memorandum that analyzes social, economic, public services, land use and growth impacts in accordance with the current guidance from Caltrans (July 2022 or the current guidance at the time of initiation of the CIA memorandum). The memorandum will also consider whether the project might affect environmental justice communities, local land uses, businesses, neighborhoods/social cohesion, and the delivery of public services. The project is anticipated to result in a potential beneficial impact by improving bicycle and pedestrian facilities thereby improving connectivity between the communities east and west of the railroad corridor. The project is not expected to result in growth inducement. This topic will be addressed at a qualitative level in the CIA memorandum.

Task 3.2.2. Minor Visual Impact Assessment (VIA) – LSA/MARK THOMAS LSA will prepare a Minor VIA in coordination with the Mark Thomas landscape architect, according to the most recent Caltrans Minor VIA annotated outline (August 2023 or the current guidance at the time of initiation of the Minor VIA).

LSA assumes that no visual simulations will be required to support the minor VIA.

Task 3.2.3. Archaeological Survey Report, Historic Resource Evaluation, and Historic Property Survey Report - LSA
As required by Caltrans, LSA proposes to conduct cultural resource studies for the Dr. MLK Jr. Boulevard Underpass Project, Stockton, San Joaquin County, California. These studies are needed for the City of Stockton (City) and the California Department of Transportation (Caltrans) to comply with Section 106 of the National Historic Preservation Act, the Programmatic Agreement Among The Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal-Aid Highway Program in California. Caltrans is the lead agency for Section 106 compliance.

The following tasks will be completed:

EXHIBIT A

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DR. MARTIN LUTHER KING JR. BOULEVARD UNDERPASS RECONSTRUCTION PROJECT PA&ED and 50% Design
City of Stockton

• Area of Potential Effects (APE) Map. LSA will develop an APE map depicting the construction footprint of the project. The APE is defined as the area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties, should any be present.

• Record Search. LSA will request an archaeological and historical records review and literature search at the Central California Information Center (CCIC) of the California Historical Resources Information System. The CCIC is an affiliate of the State of California Office of Historic Preservation and is the official state repository of cultural resource reports and records for San Joaquin County. The records search will include a 0.5 -mile radius search area around the APE. The objectives of this archival research will be to: (1) establish the status and extent of previously recorded sites, surveys, and excavations in and adjacent to the APE; and (2) note what site types might be expected to occur within the APE based on the existing data from archaeological sites located within

0.5 mile of the APE. LSA will conduct outreach to individuals or historical societies, including the San Joaquin County Historical Society & Museum in Lodi and the Haggin Museum in Stockton, for any information they may have about cultural resources in the APE.

• Survey and Report. A qualified archaeologist will do a field survey of the direct impact portion of the APE, then prepare an Archaeological Survey Report (ASR) and Historic Property Survey Report (HPSR) to Caltrans standards as outlined in the Caltrans Standard Environmental Reference (SER) Volume 2: Cultural Resources (ASR: June 2021 and HPSR: June 2022 or the current guidance at the time of initiation of the ASR and HPSR).

These documents will be used by Caltrans in support of their Section 106 consultation requirements with SHPO.

In addition, LSA will draft outreach letters to Native American tribes, based on a list received from the Native American Heritage Commission. LSA will mail the approved letters and track responses from tribes .

Task 3.2.4. Area of Potential Effect (APE) – LSA/MARK THOMAS In addition to what was identified in the previous task, the Mark Thomas team will work with City to develop an APE map that encompasses the entire project area and indirect parcels that could be impacted by the project. This includes both permanent and temporary impacts.

Task 3.2.5. Initial Site Assessment (ISA) - LSA
Blackburn will complete a Phase I Environmental Site Assessment (Phase I ESA) to assess whether potential sources or indications of hazardous materials conditions are present within or adjacent to the Project area. Blackburn will complete the Phase I ESA in general accordance with ASTM E1527-21 “Standard Practice for Environmental Site Assessment:

Phase I Environmental Site Assessment Process” requirements by performing the following tasks:

Task 3.2.5.1. Project Coordination and Site Review
Blackburn will review the Area of Potential Effects (APE) Map with the project design team (and will review previous environmental documents for the project area, as made available by others.

Task 3.2.5.2. Records and Published Literature Review, Site Reconnaissance, and Owner Interview Blackburn will review published literature for general geology and groundwater conditions at the project. Blackburn will also review on-line regulatory databases GeoTracker (State Water Resources Control Board) and EnviroStor (Department of Toxic Substances Control (DTSC)) to determine if known impacts and/or previous environmental data exists for the project area. Blackburn will conduct interview(s) with available people knowledgeable about project area

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history to evaluate potential environmental conditions (as contact information is provided by others). A site reconnaissance will be conducted to observe current land use and indications of potential hazardous material contamination on or adjacent to the project. We assume any required right-of-entry will be obtained by others. The site reconnaissance includes documentation of areas showing evidence of surface staining, storage, dumping, handling, and mixing areas for hazardous materials (such as pesticides and fuel products), and apparent locations of fuel tanks and wells.

Task 3.2.5.3. Historical Research
Blackburn will review historical aerial photography, topographic maps, and Sanborn Maps covering the project and surrounding areas for indications of sources for potential contamination. Blackburn will also conduct a review of a commercial database including federal, state, and county records for indications of the use, misuse, or storage of hazardous and/or potentially hazardous materials on or near the project. Based on the historical research, Blackburn will attempt to identify past and present operations conducted on or adjacent to the Project area to assess the potential for hazardous material impacts.

Task 3.2.5.4. Report
Blackburn will prepare a Phase 1 ESA report (one draft and one final) that includes:
 Project and site descriptions.
 General geology, groundwater, and surface/subsurface conditions.  Findings of our document reviews, owner interviews, site reconnaissance, historical evaluations, and regulatory records reviews.
 Location and general extent of known or suspected contamination on or adjacent to the Project, as applicable.  Recommendations for further investigation and analysis, if necessary.  Limitations of the report.
 Vicinity and site maps.
 Photo report of general site conditions.

Task 3.2.6. Noise Technical Memorandum - LSA
LSA will prepare a Noise Technical Memorandum for the project. LSA will review applicable noise criteria for the proposed project and surrounding area, including noise standards identified in the Municipal Code and the Caltrans Standard Specifications.

Should it be determined that the project is considered a Type I Project, a detailed noise impact analysis and associated Noise Study Report would be required. However, based on our understanding that this is a Type III Project and based upon Caltrans’ Protocol requirements, LSA will prepare a brief technical memorandum addressing construction noise impacts.

The technical memorandum will document the existing project site conditions relative to noise including the regulatory environment and the physical existing conditions. LSA will identify the applicable State of California and City noise standards. Noise impacts during construction on the project site will be analyzed based on available project specific construction information provided to LSA. United States Environmental Protection Agency (EPA) recommended noise emission levels will be used to calculate the noise levels of equipment used during the construction duration. Impacts resulting from construction noise will be evaluated in terms of maximum levels (L max) and/or hourly equivalent

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continuous noise levels (Leq) and their frequency of occurrence. Based on the equipment noise levels and applicable noise standards, LSA will recommend noise abatement measures to be implemented during project construction.

LSA has budgeted 4 hours for responding to comments generated during review of the Noise Memorandum.

Task 3.2.7. Biological Compliance Technical Memorandum - LSA Prior to visiting the project area, LSA will obtain a list of special-status species from the California Department of Fish and Wildlife California Natural Diversity Database, the California Native Plant Society Inventory of Rare and Endangered Plants, and the U.S. Fish and Wildlife Service Information for Planning and Consultation (IPaC) online database. LSA will then conduct a biological resources reconnaissance-level survey to document current site conditions and assess the potential for occurrence of special-status plant and animal species and sensitive habitat. The survey will include the project area as well as any staging areas and access points or roads. Based on the project’s location within a largely industrial environment, the occurrence of special-status species, sensitive habitat, and aquatic features potentially subject to regulatory jurisdiction (e.g., wetlands or other waters of the United States) is highly unlikely. Tree pruning/removal and potential impacts to nesting birds and roosting bats will likely be the primary biological constraints for this project. This scope of work does not include a formal tree survey; however, if desired, an LSA arborist can conduct a tree survey of the project site under a separate scope and fee.

LSA will document the results of the database review and biological reconnaissance survey in a Biological Compliance Technical Memorandum according to Caltrans format (July 2010 or the current guidance at the time of initiation of the Biological Compliance Technical Memorandum). Based on the documentation of existing conditions within the project area (including potential habitat for special-status plants and/or animals), LSA will identify potential impacts from the proposed project (including impacts to nesting birds and trees) and identify minimization and avoidance measures to be included in the draft Technical Memorandum. LSA will prepare a preliminary draft Technical Memorandum for submittal to the City and/or other members of the project team for review. Following the internal review, the draft Technical Memorandum will be finalized and submitted to Caltrans for review. Following revisions to the draft Technical Memorandum, the final Technical Memorandum will be prepared and submitted to Caltrans.

The scope summarized above assumes that a Biological Compliance Technical Memorandum will be the appropriate level of biological report required to meet Caltrans’ requirements. If additional resource constraints or impacts are identified that would elevate the report requirements to a Natural Environment Study – Minimal Impacts (NES-MI) or standard Natural Environment Study (NES), a budget augment would be required. A formal delineation of waters of the United States/State is not included as part of this scope of work.

Task 3.3. NEPA CE – LSA
Based on the technical reports identified above, LSA will prepare a Draft CE checklist, determination, and continuation sheets for Caltrans review. LSA will respond to up to two (2) rounds of Caltrans comments on the CE submittal package.

Approval and issuance of the CE will constitute completion of this task.

TASK 3 DELIVERABLES:
• CEQA NOE
• PES Form
• CIA Memo
• Minor VIA
• ASR
• HRER

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• HPSR
• ISA
• ACM/LBP Assessment (Optional)
• Noise Memo
• NEPA CE
• Deliverables to be submitted in .pdf format unless specifically stated otherwise TASK 4. UTILITY AND RAIL COORDINATION
Task 4.1. Existing Utility Mapping - HDR
HDR will work with utility providers to request information regarding their utility facilities within the project area. We will compile existing and available data and incorporate it into the utility base map. HDR’s utility coordination tasks during the development of the PA/ED will include the following:

• Prepare a project limits map with will be sent to each utility owner with a request for their facilities information mapping or to confirm that they do not have facilities within the project area. • Prepare Utility Letters “A” to be sent to each utility owner who could have facilities within the project area. The letters will be drafted on City letter head or if the City prefers, HDR will provide the letters in Word format for the City to place on their letter head. HDR will send the completed letters along with the project limits map to each utility owner.
• Add the utility information received from the owners to the utility base map. If provided by the utility owners, the utility base map will include the size, capacity, and/or operating pressure for each facility. If elevation data is provided it will be included in the utility base plans.

Note: Potholing is not included in this phase of work but will be included in the final design. At this time, meetings with utility owners are not anticipated in the PA/ED phase of work but will be included in the final design phase.

Task 4.2. Rail Coordination- HDR
To support railroad engagement and activities to be developed during the MLK Jr. Drive Bridge PA&ED, HDR will coordinate with freight railroad UP and passenger rail tenant SJRRC/ACE to solicit key inputs that will drive project development. Discussion topics with UP and SJRRC/ACE would include:

• Initial project approach and schedule discussion to align City of Stockton, and SJRRC/ACE to identify preliminary needs, issues, challenges, and opportunities before PA/ED activities commence. • Current and anticipated future railroad operations (including corridor-specific observations and local rail yard functionality), requirements for connectivity between railroads and railroad lines for interoperability and interchange at Stockton and needs for access to the area rail network (BNSF and Central California Traction interchange traffic with UP immediately north of the bridge). • Engineering requirements for the project, including for example, acceptable curvature for main tracks designed on the replacement structure and approaches, or on connection tracks between main tracks and yards and between the main tracks of various railroads; bridge and structure types; and drainage considerations. • Coordination and correspondence with separate SJRRC Stockton Diamond Grade Separation Project, which proposes improvements in the vicinity of the MLK Jr. Drive bridge.

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• Acquisition of data needed from UP to support planning, design, and environmental activities during PA&ED (i.e., valuation / right-of-way maps, track charts, as-built bridge drawings, train counts, bridge strike data, etc.).

Key Assumptions

• Participate in up to two (2) virtual one-hour coordination meetings with UP and up to two (2) one-hour virtual coordination meetings with SJRRC during PA&ED, as required. • Separate design and review coordination meetings will be held with UP at the appropriate submittal milestones during design development, as required by the UP Public Projects Manual and Public Projects Checklist. The level of effort associated with those meetings is included in Task 5.4.

TASK 4 DELIVERABLES:
• Utility Letter “A”
• Utility mapping
• UPRR Meeting Agenda and Minutes (assume 4 total meetings) • Deliverables to be submitted in .pdf format unless specifically stated otherwise EXCLUSTIONS:
• No rail yard re-configuration is anticipated for this project. • Only Track 113 will be re-aligned.
• Post-construction maintenance evaluation is not included in this phase of work.

TASK 5. PRELIMINARY ENGINEERING
Task 5.1. Traffic Studies – F&P
Fehr & Peers will complete a traffic operations analysis, vehicle miles traveled analysis, and active transportation and safety review for the Project, in compliance with CEQA and in accordance with the City of Stockton Transportation Impact Analysis Guidelines.

Task 5.1.1. Data Collection
Fehr & Peers will collect the following data for use in the analysis:

• Three days of AM (7:00 – 9:00 AM) and PM (4:00 – 6:00 PM) peak period traffic count data, including passenger vehicle, heavy vehicle, bicycle, and pedestrian counts, at the following intersections:
o Dr. MLK Jr. Boulevard/S Airport Way
o Dr. MLK Jr. Boulevard /S Pilgrim Street
o Dr. MLK Jr. Boulevard /Aurora Street
o Dr. MLK Jr. Boulevard /S Grant Street/Sikh Temple Street • 72-hour roadway segment count data for Dr. MLK Jr. Boulevard between S Pilgrim Street and Aurora Street • Roadway and intersection geometries and lane configurations • Traffic signal timings for signalized intersections
• Collision history – most recent 5-year period using from the UC Berkeley SafeTREC Transportation Injury Mapping System (TIMS) data

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• Existing bicycle and pedestrian facilities on Dr. MLK Jr. Boulevard between Airport Way and S Grant Street/Sikh Temple Street, including presence and adequacy of sidewalks, curb ramps, crosswalks, and bicycle facilities

Task 5.1.2. Traffic Operations Analysis
Traffic operations at the following intersections will be analyzed:

1. Dr. MLK Jr. Boulevard /S Airport Way

2. Dr. MLK Jr. Boulevard /S Pilgrim Street

3. Dr. MLK Jr. Boulevard /Aurora Street

4. Dr. MLK Jr. Boulevard /S Grant Street/Sikh Temple Street

AM and PM peak hour intersection operations will be evaluated consistent with methodologies described in the Highway Capacity Manual, 7th Edition (Transportation Research Board, 2022), and applied using Synchro/Simtraffic 11 microsimulation software. Analysis results will include intersection level of service, control delay, and maximum queue lengths for key turning movements.

Peak hour operations will be evaluated for the following scenarios:

• Opening year conditions without improvements (No-Build Alternative) • Opening year condition with MLK one lane in each direction (Under Construction Analysis) • Opening year conditions with improvements (Project Preferred Alternative) • Design year conditions without improvements (No-Build Alternative) • Design year conditions with improvements (Project Preferred Alternative)

Fehr & Peers will develop AM and PM peak hour forecasts for the study intersections using the City of Stockton Travel Demand Model. The model was originally developed for the Envision Stockton 2040 General Plan but has been recently updated for the City of Stockton Transportation Master Plan and Impact Fee Study.

The difference method, which adds forecasted traffic change from the model to the existing traffic counts, will be used to forecast design year traffic volumes. The growth between the base year and cumulative year model, along the corridor, will be used to develop a growth rate that will be applied to estimate opening year forecasts.

Task 5.1.3. Effective Active Transportation Network and Safety Review Fehr & Peers will evaluate existing active transportation facilities in the corridor and complete a safety assessment. This will include:

• Documentation of existing active transportation facilities, including an updated level of traffic stress analysis. • Documentation of all fatal/injury collisions and bicycle and pedestrian involved collisions on Dr. MLK Jr.

Boulevard between Airport Way and S Grant Street/Sikh Temple Street.

Task 5.1.4. Recommended Improvements
Fehr & Peers will provide recommended intersection improvements based on the results of the operations analysis and recommended bicycle and pedestrian improvements based on the results of the existing active transportation network and safety review. Existing conditions, collision history, and goals, policies, and improvements noted in prior planning

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documents, such as the City of Stockton Bicycle Master Plan and City of Stockton General Plan, will be used to inform recommended improvements.

Task 5.1.5. Vehicle Miles Traveled (VMT)
Fehr & Peers will qualitatively discuss the Project’s impacts to vehicle miles traveled in compliance with CEQA and the City of Stockton Transportation Impact Analysis Guidelines. The Project is not adding additional vehicular travel lanes and is not anticipated to result in induced VMT. Although VMT may temporarily increase during construction if residents choose to detour around the construction site, this would be a short -term impact that cannot easily be mitigated, is necessary for construction, and would not result in a long-term increase in VMT. Additionally, the Project incorporates complete streets improvements. For these reasons, a quantitative VMT analysis is not anticipated to be needed.

Task 5.1.6. Documentation and Meetings
Fehr & Peers will prepare two separate memorandums for the project team:

• One memorandum will summarize the methodologies and results of the intersection operations analysis and VMT analysis
• One memorandum will summarize the results of the existing active transportation network and safety review.

Tables, graphics, and figures will be used as needed to convey the results of the analysis and any recommended improvements.

Fehr & Peers will respond to one set of comments on each draft memorandum and produce the final memorandums.

In addition, Fehr & peers has budgeted to attend up to three meetings throughout the course of the project.

Task 5.2. Preliminary Design
Mark Thomas will develop/refine design alternatives using the traffic forecast and demand projections and prepare geometric drawings for the preferred alternative. Various technical studies will be prepared for the preferred alternative, which are described in more detail below.

Task 5.2.1. Preliminary Design – MARK THOMAS / HDR
Based on the results of the Traffic Analysis and a conceptual alignment review, Mark Thomas will prepare preliminary plans for the widening along Martin Luther King Jr. Boulevard and for the replacement of the existing undercrossing. It is assumed that one alternative alignment will be prepared. The geometrics will include traffic operations data, with basic controlling geometric features shown. As a part of the development of the preliminary plans, Mark Thomas will also identify bicycle, pedestrian, and transit improvements along the corridor.

The preliminary plan set will include the following sheets:

 Title Sheet
 General Notes, Abbreviations and Legend
 Typical Cross Sections
 Key Map
 Plan and Profile
 Track General Notes, typical sections, plan and profile (see Task 5.2.2 for additional information)  Existing Utility Plan

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 Stage Construction Schematic Layouts (see Task 5.2.3 for additional information)  Structure Plans - APS for 2 bridges
The retaining wall information will be shown on the typical sections, plan and profile. Separate sheets for retaining wall design will be developed in a later design phase of the project. Similarly, drainage will also be shown on the plan sheets during this phase of the project.

During the refinement of the project alternatives Mark Thomas will identify features that do not meet current City, Caltrans, and AASHTO Design Standards. Design exceptions will be identified and documented with City staff. In addition, Mark Thomas will keep a decision log for key design decisions made during the PA&ED phase.

During the PA/ED phase, landscaping and planting plans are not included but the location for landscaping and planting will be identified in the plan sheets and a cost placeholder will be added in the cost estimate. Formal landscaping and planting plans will take place during the PS&E phase of the project.

During the PA/ED phase, HDR will identify the potential utility conflicts with the proposed project improvements. This will consist of reviewing existing utility information that was compiled and mapped in Task 4.1 with the proposed construction impacts. HDR will identify potential relocation corridors or solutions to avoid the conflicts. Formal coordination for utility relocations will take place during the PS&E phase of the project.

Task 5.2.2. Track Design - HDR
In support of the PA&ED, HDR will develop the 10% track design milestones.

Construction for the Charter Way Industrial Track/SW Wye (Connector) Bridge will consist of two phases of track design.

Phase 1 will shift approximately 3,000 feet of existing track slightly to the west on the existing structure over MLK Boulevard to allow for demolition of a portion of the eastern half of existing structure that allows space for construction of the new bridge. Phase 2 will realign the track and connections onto the new structure over MLK Boulevard.

10% Milestone – Concept Plans
This will be the first phase of design and shows the basics of the project and satisfies the level of detail for the 10% checklist for both track and structures. The 10% design level will include track alignments, track profiles, phasing schematic, track typical sections, rough grading limits, approximate property ownership impacts, and a preliminary engineer’s opinion of probable construction costs for one build alternative. The 10% plans will be based on survey and include detailed horizontal geometry per the UP Public Project Checklist.

Task 5.2.3. Staging/Traffic Handling – MARK THOMAS
The Mark Thomas team will prepare conceptual plans for the preferred alternative, outlining the stage construction and traffic handling requirements to verify the project is constructible, impacts to bicyclists, pedestrians, transit, and vehicl es are reduced, and public safety is in accordance with applicable professional standards. Roadway improvements will be coordinated with existing facilities to assess whether detours are needed to construct the improvements. Wherever possible, all efforts will be made to limit the need for detours for bicyclists and pedestrians. If bicycle and pedestrian detours are necessary, they will be shown on the conceptual plans for preliminary concepts.

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Task 5.2.4. Drainage - HDR
Task 5.2.4.1. Stormwater Quality Control Plan (SWQCP)
A Stormwater Quality Control Plan (SWQCP) is required for projects creating, replacing or expanding impervious surface by 5,000 square feet or more. HDR will prepare the SWQCP in accordance with the City’s standards. Site Design Controls, Source Controls, Volume Reduction Measures (VRMs), Treatment Controls, and Trash Capture Measures will be considered for the Project using Table 2-2, Control Measure Selection Matrix for New Development and Significant Redevelopment Project Categories, of the City’s Stormwater Quality Control Criteria Plan (SWQCCP). A draft SWQCP will be submitted to the City for review (for up to 10% design). The draft plan will be updated with the comments from the City prior to the final submittal.

Task 5.2.4.2. Water Quality Assessment Report (WQAR)
In order to provide the existing physical and regulatory environment information for water quality, HDR will: 1) identify and describe the current and upcoming laws that relate to water quality; 2) describe the beneficial uses as detailed by the Regional Water Quality Control Board (RWQCB) Basin Plan for potentially-affected waters; 3) discuss water quality objectives for potentially-affected waters; 4) list potential sources of pollutants, existing water quality of the receiving water bodies, i.e. Total Maximum Daily Loads (TMDL) or 303(d)impaired water bodies listed; and 5) describe the watershed, existing drainage, and hydrologic conditions. HDR will evaluate the water quality impacts for each proposed alternative and recommend possible best management practices (BMPs) or Project features to address water quality issues. HDR will document our findings in a technical report. The draft report will be updated with the comments from the City prior to the final submittal.

Task 5.2.4.3. Preliminary Drainage Report
HDR will conduct a preliminary Drainage Impact Study to determine existing hydrology and drainage systems within the Project area. The impact of the Project improvements will be documented, and recommendations for conceptual drainage improvements will be included in a technical report. The location and general size of the pump station will be discussed but no studies or engineering calculations will be provided. The Report will also discuss the Treatment BMP approach and the preliminary Treatment BMP concepts being considered for the project and will refer to the SWQP. A planning-level cost estimate for drainage and Treatment BMP improvements will also be included in the report (up to 10% design). The draft report will be updated with the comments from the City prior to the final submittal.

Task 5.2.5. Transportation Management Plan Data Sheet – MARK THOMAS Mark Thomas will prepare a Transportation Management Plan (TMP) Data Sheet for the preferred alternative. The TMP Data Sheet will identify potential traffic impacts, mitigation strategies, traffic control plan elements, construction durations, and traffic management costs associated the construction of the project. TMP Data Sheet will utilize the TMP Data Sheet template for Consultant TMP Projects.

Task 5.3. Geotechnical Studies - KLEINFELDER
Kleinfelder, as a part of the Mark Thomas team, will gather the geotechnical recommendations for the 10% design for the PA&ED Phase of the project based on existing geotechnical data available. Kleinfelder will review readily available data, including as-built Log of Test Borings (LOTBs) from Caltrans Digital Archive of Geotechnical Data (GeoDOG) website, other readily available public agency records, and geotechnical explorations recently performed by Kleinfelder in the vicinity of the SDGS project. Kleinfelder concept design geotechnical recommendations will be provided in one deliverable: a Preliminary Geotechnical Memorandum. Kleinfelder, as a part of the Mark Thomas team, will prepare the geotechnical memorandum.

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Task 5.3.1. Preliminary Geotechnical Memorandum
A Preliminary Geotechnical Memorandum is proposed to provide preliminary recommendations (10% design) to the design team and the City as a supporting document for the PA&ED phase. The proposed memorandum will be based on the review readily available data, including as-built LOTBs Log of Test Borings from the Caltrans Digital Archive of Geotechnical Data (GeoDOG) website, and other readily available public agency records, and geotechnical explorations recently performed by Kleinfelder in the vicinity of the project.

The potential geotechnical/geologic impacts and mitigations will be discussed on a broad basis, including geotechnical conditions (geology, topsoil/soil survey, surface/subsurface conditions, groundwater, and seismic hazards), geotechnical design evaluations. The preliminary acceleration response spectrum and the peak ground acceleration (PGA) will be developed based on the Caltrans ARS Online website. The PGA will be used to determine if the horizontal seismic coefficient of the project site exceeds the standard design parameters. The report will also provide preliminary foundation design considerations, such as potential foundation/wall types, slope stability, and settlement. Generally, the geotechnical evaluation relevant to the proposed project will be presented in a qualitative manner with no specific design recommendations.

Task 5.3.2. PA/ED Phase Geotechnical Exploration
As mentioned previously, no fieldwork or laboratory testing is planned for the PA&ED Phase of the project. The three deliverables described in Tasks 5.3.1 through 5.3.3 will be performed based on published geologic maps and available as-built geotechnical exploration boring data, as described herein. We expect that design level geotechnical investigations will be performed during later phases of the project, which would include subsurface explorations, laboratory testing, and engineering analysis.

Task 5.4. Structures – HDR/MARK THOMAS
Task 5.4.1. Bridge Structures – Advanced Planning Study - HDR In support of the PA&ED, Consultant will develop the Advance planning study for the Charter Way Industrial Track/SW Wye (Connector) grade separation structure in accordance with Union Pacific Railroad - BNSF Railway “Guidelines for Railroad Grade Separation Projects” dated January 5, 2016. Per the UPRR/BNSF guidelines, the Consultant will prepare and submit the preliminary design at the following milestones for railroad review. The proposed approach consists of development of The Bridge Structures Advance Planning Study that will coincide with the requirements listed in the UPRR/BNSF guidelines for a 10% Structures Concept submittal.

Task 5.4.1.1. Bridge Structures Advance Planning Study – (UPRR/BNSF 10% Concept Design) The Bridge Structures Advance Planning Study will include the following:

1. Plan, Elevation and Typical Section of proposed grade separation. Drawings will conform to Bridge Standards - Plan No. 711100 for overhead structures and Plan No. 711200 for underpass structures for the Charter Way Industrial Track/SW Wye (Connector) Bridge assuming a No Build and One Build Alternative.

2. Preliminary phasing plan.

3. Photo log with pictures of the proposed project location. Site pictures will be in controlling directions including but not limited to, North, East, South and West. The plan view should show a reference location and direction for each picture.

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Task 5.4.2. Retaining Wall Structures – MARK THOMAS
Mark Thomas will prepare structure studies for the retaining walls/specialty walls proposed as a part of the underpass replacement; a maximum of two (2) alternatives will be evaluated.

We will perform preliminary engineering to justify the proposed wall types. There will be several retaining wall structures along the widened MLK Blvd. These will be indicated in the plan and profile drawings in plan and elevation views and in the typical cross-sections and no separate plans will be prepared.

Task 5.4.3. Pumping Plant Structure – HDR/MARK THOMAS
The location and approximate footprint of the pump plant station will be indicated on the roadway plan sheets and no separate plans will be prepared.

TASK 5 DELIVERABLES:
• Preliminary plan sheets
• 10% Preliminary Engineering plans, profiles, and typical sections for one build alternative submitted to UPRR/BNSF for review and Comment
• 10% Revision 1 Preliminary Engineering plans, profiles, and typical sections for one build alternative incorporating comments received from UPRR and BNSF on the initial 10% track plans submittal • Geotechnical Memorandum
• 10% Concept Plans for one alternative for the MLK (Charter Way) Industrial Track/SW Wye (Connector) Bridge Submitted to UPRR/BNSF for Review
• Stormwater Quality Control Plan
• Water Quality Assessment Report
• Preliminary Drainage Report
• TMP Data Sheet
• Deliverables to be submitted in .pdf format unless specifically stated otherwise TASK 6. PUBLIC OUTREACH
Task 6.1. Public Meetings Plan & Workback Schedule - HDR HDR will develop in collaboration with the City of Stockton, a Public Meetings Plan and Workback Schedule that will outline the two public meetings opportunities to support the PA/ED phase of the Dr. Martin Luther King Jr. Boulevard Underpass Reconstruction Project. The Public Meetings Plan will outline outreach strategies and tactics to engage meeting attendees the public (residents, businesses, and area motorists) and key project stakeholders. The Public Meeting Plan and Workback Schedule will outline meeting planning strategy, public outreach tools and materials, tactical action steps, schedules, and meeting summary reports.

Task 6.2. Public Meetings – HDR
Engaging with the community will be a very important aspect educating the public on project benefits, garnering support, and obtaining critical input for the Dr. Martin Luther King Jr. Boulevard Underpass Reconstruction Project.

In partnership and collaboration with the City of Stockton, HDR will facilitate the planning and implementation of two

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(2) in-person community meeting at a gathering location within the community to engage the public (residents, businesses, and area motorists) and key project stakeholders to support educating the community on the project and to support the circulation of the draft environmental document for comments and feedback .

The public meetings will allow interactive participation and engagement between the project team and the public.

The goal of the meeting is to share information, obtain critical feedback on community concerns, provide answers to community member questions, and obtain community-based feedback.

Activities associated with each meeting will include:
• Plan, organize, facilitate, and conduct one (1) public meeting (approximately 1 -1.5 hours in duration) that is open to area residents, businesses, key stakeholders, and community organizations. • Prepare and place two (2) public meeting advertisements in a major community newspaper to promote the public meeting. One ad will be in an English-based publication, while the other ad will be in a Spanish-based publication with translation.
• Prepare one (1) promotional flier for each meeting to detail public meeting elements to the public ( 200 pieces) for canvassing and public distribution purposes.
• Prepare and distribute one (1) direct mail postcard that is distributed within the project area with up to 2,500 recipients) to promote the public meeting to the public and key stakeholders. • Prepare and distribute one (1) news release for each meeting to local and regional media to promote the public meeting
• One outreach canvassing activity to area businesses within the immediate project area to notify them of the public meeting and to obtain project feedback.
• Obtain a Spanish language translator for each public meeting, as necessary. • Develop and produce a meeting agenda (100 pieces), comment cards (100 pieces), two (2) informational handouts including a project fact sheet and a FAQ sheet (100 pieces each), up to five (5) printed 24- inch x 36- inch informational display boards, and a PowerPoint presentation. Spanish translation will be conducted for select collateral materials for each meeting, as needed. • Prepare a public meeting recap summary that includes a detailed overview of how the workshop was promoted/noticed, organized, facilitated, conducted, documentation of issues and comments from participants, and a list of action items/next steps.

ASSUMPTIONS:
• All advertisement, direct mail print and mailing, flyer/copy printing, collateral translation, meeting venue costs, Audio/Visual rental fees, and meeting translator costs will be billed directly to the City of Stockton and are not included in the fee ODCs.

TASK 6 DELIVERABLES:
• One (1) Public Meeting Plan & Workback Schedule
• Two (2) Public Meetings:
o Two (2) in-person public meeting (approximately 1-1.5 hours in duration)  General Information Community Meeting #1
 Draft Environmental Document Public Meeting #2

EXHIBIT A

EXHIBIT 2
DR. MARTIN LUTHER KING JR. BOULEVARD UNDERPASS RECONSTRUCTION PROJECT PA&ED and 50% Design
City of Stockton

o Two (2) advertisements in a major community newspaper for each meeting (English & Spanish formats)
o One (1) direct mail postcard for each meeting (with printing, mailing and postage services to up to 2,500 recipients)
o One (1) public meeting promotional flier for each meeting (100 pieces) o One (1) news release for each meeting
o One (1) outreach canvassing activity with up to two (2) HDR staff (up to 8 hours in duration) with canvassing recap report.
o Supportive collateral materials for each public meeting to include meeting agenda (100 pieces), comment cards (100 pieces), one (1) informational handout (100 pieces each), up to five (5) printed 24- inch x 36-inch informational display board.
o PowerPoint presentation for each meeting
o Recap summary report for each meeting
• Deliverables to be submitted to the client in .pdf format if not required in a printed format to support collateral needs for the two public meetings, unless specifically stated otherwise TASK 7. RIGHT OF WAY
Task 7.1. Preliminary Right of Way Exhibit – MARK THOMAS Based on the preferred alternative, Mark Thomas will prepare a Preliminary Right of Way exhibit that documents the impacts to properties adjacent to the underpass. The exhibit will document existing ownership, anticipated acquisitions for the proposed improvements, potential construction and utility easements, and property needs for access during construction.

Task 7.2. Right of Way Data Sheet - MONUMENT
Monument will prepare ROW Data Sheets for each alternative, and a ROW plan for the preferred alternative. We are assuming impacts to up to 12 parcels with up to 3 business. The scope of work for preparing Right-of-Way Data Sheets for each alternative under consideration includes:
• Tak
e an inventory of the affected properties for each selected option. • Using public Assessor’s Roll information, investigate the ownership, lot size, and building size of each affected property.
• Visually inspect each property (exterior street view) and evaluate effects of proposed acquisition. List all businesses on each property and the approximate space they occupy. • Sort each property into product types to determine the universe of real estate data sets to research and create valuation data sets for each product type.
• Prepare an estimate of the probable cost of each full property acquisition or the cost of each partial acquisition (plus damages) using the data sets created and utilizing our various real estate value data bases. • Prepare an estimate of the probable relocation assistance exposure for each residential or non -residential occupant located on each property.
• Prepare an estimate of the immoveable fixtures and equipment associated with each business property. • Prepare an estimate of the total probable loss of business goodwill attributable to each operating business. • Prepare a desktop estimate of the inspection and demolition costs associated with delivering each cleared site.

EXHIBIT A

EXHIBIT 2

DR. MARTIN LUTHER KING JR. BOULEVARD UNDERPASS RECONSTRUCTION PROJECT PA&ED and 50% Design
City of Stockton

• Prepare a desktop estimate of the total services and incidental costs associated with each real estate acquisition program (appraisals, acquisition and relocation agents, title/escrow, and legal services). • Prepare Draft Relocation Impacts Memorandum for under 10 relocations per Caltrans ROW manual 10.02.04

The scope of work will be performed and delivered in the form of a report containing a textual description of the project areas studied, a summary of total probable costs of the study area itemized by major component, and will include detailed spreadsheets showing how the summary sheets were calculated. The spreadsheets contain a parcel - by-parcel breakdown of all probable costs.

Task 7.3. Preserving and Perpetuating Survey Monuments – MARK THOMAS Record research will be performed to locate recorded maps including right-of-way maps, records of survey, corner records, and other official maps of record necessary to determine the Right of Way within the project area. Right of Way Lines as shown on record maps in the area will be plotted. The location of the Right of Way lines will be based solely on record mapping and a best fit of the line work based on the topographic data and/or monumentation found during the topographic survey. Time is not included to find physical evidence necessary to resolve the Right of Way and/or parcel lines. No Title reports or plotting of easements is included in this scope of work.

TASK 7 DELIVERABLES:
• ROW Exhibit
• ROW Data Sheet
• Deliverables to be submitted in .pdf format unless specifically stated otherwise TASK 8. PROJECT REPORT EQUIVALENT (PRE)
Task 8.1. Project Report Equivalent (PRE)
Mark Thomas will prepare a Project Report Equivalent (PRE) to document design features and receive approval for the project. Because the project anticipates CEQA and NEPA clearance through a statuary exemption under SB 922 and a Categorical Exclusions (CE) under NEPA, there will be no circulation of an environmental document for public review . As such, no formal Draft Project Report (DPR) will be required. (A DPR provides Caltrans approval for alternatives included in the circulation of a draft environmental document. Since only a single alternative is being included in the evaluation of the project and no circulation will be required, only a PRE will be prepared.) It is anticipated that the PRE will require four (4) submittals to City to receive approval.

Attachments included in the PRE include:

• Location Map
• Geometric Drawings
• Cost Estimate
• Right of Way Exhibit
• TMP Data Sheet
• Storm Water Data Report
• Risk Management Plan and Risk Register
• Safety Analysis Memo

EXHIBIT A

EXHIBIT 2
DR. MARTIN LUTHER KING JR. BOULEVARD UNDERPASS RECONSTRUCTION PROJECT PA&ED and 50% Design
City of Stockton

• Environmental Document (Title page only)
• Advanced Planning Studies
Task 8.2. Cost Estimates
Mark Thomas will prepare an 11-page Cost Estimate for the project and include it as an attachment to the PRE based on Caltrans format. The cost estimate will consider total project costs, including items of work, right of way, structures, utilities, and construction cost escalation. This task also includes support cost estimates for future phases TASK 8 DELIVERABLES:
• Project Report
• Cost Estimate
• Deliverables to be submitted in .pdf format unless specifically stated otherwise

PA&ED PHASE ASSUMPTIONS/EXCLUSIONS
• Datum or unit conversion of base mapping, as-builts, and centerlines are not included. • Supplemental surveys are not included.
• Utility Potholing is not included.
• Geotechnical testing and exploration are not included. • Hazardous materials testing is not included.
• Preparation of permits for jurisdictional agencies is not included. • Conceptual Landscape, Drainage, Staging Plans are not included. • Life Cycle Cost Analysis (LCCA) is not included.
• Floodplain and Location Hydraulics Analysis is not included. • Preparation and approval of Draft Project Report is not included or required.

TASK 9. FUNDING – MARK THOMAS
Mark Thomas will support the City’s efforts to secure additional funds to advance the project. We will identify and evaluate the competitiveness of funding programs that are applicable for the project. The funding program analysis will be documented in a memorandum which will include the following:
• Pr
ogram name
• Funding cycle schedule
• Program description
• Available funding
• Eligible phases of work
• Project alignment.

The m
emorandum will also include recommendations on which funding programs to include, a grants pursuit schedule, and action items to position the project to be successful obtaining competitive funds. No detailed grant application packages are included within this scope. Should the City decide to pursue a specific grant application,

EXHIBIT A

EXHIBIT 2
DR. MARTIN LUTHER KING JR. BOULEVARD UNDERPASS RECONSTRUCTION PROJECT PA&ED and 50% Design
City of Stockton

Mark Thomas will provide a separate scope/fee for completion of the grant application package.

TASK 10. 50% DESIGN
Following completion of the PA/ED phase of the project, the project would continue into a 5 0% design level phase.

This level of effort for this phase is defined as “unchecked details” and roughly based on the definition used by Caltrans. There are still unknowns that will be defined during the PA/ED phase and this scope and fee should be reviewed once the project is better defined and CEQA/NEPA clearances are secured/obtained.

Task 10.1. Utility Relocation Matrix
Based on information compiled during the PA/ED phase, we will identify utilities requiring relocation or “protect -in- place” and we will work with utility providers to request information regarding their utility facilities within the project area. We will compile a utility matrix that show the disposition of utilities within the project area and identify responsible parties for design relocation and construction.

Design of utility relocations will be part of the final design phase and not included in this scope of work. In addition, potholing and positive identification (such as GPR) will be conducted during final design phase.

Task 10.2. Plans
The Mark Thomas team will prepare a 50% design based on comments received during the PA/ED phase. The following sheet are anticipated:

No. Sheets Sheet Type
1 Title
1 General Notes, Abbreviations, Legend
2 Typical Sections
1 Demolition Plan
2 Roadway Plan and Profile
3 Track Package (per UPRR design guidelines) – Notes, Plan, Profile, Track Data, Details
2 Drainage Plan
2 Utility Plan
4 Stage Construction
2 Pavement Delineation
2 Retaining Wall Plan and Profile
2 Structure General Plan
24 TOTAL
Task 10.3. Cost Estimate
Mark Thomas will update the cost estimate for the project prepared for the PA&ED phase. The cost estimate will consider total project costs, including items of work, right of way, structures, utilities, and construction cost escalation.

EXHIBIT A

EXHIBIT 2
Matt Brogan,
Principal
Etty Mercurio, Sr.

Engineering
Manager (Project
Manager)
Eric Fredrickson, Sr.

Project Manager
(Retaining Walls)
Ryan Bissegger,
Funding Manager
(Funding)
Sr. Project Manager
(Civil)
Project Manager
(Civil)
Sr. Project Manager
(SW/Drainage)
Sr. Technical Lead
(Utilities)
Sr. Technical Lead
(Retaining Walls)
Sr. Project Engineer
Project Engineer
Design Engineer II
Design Engineer I
Sr. Graphic Designer
Intern
Survey Division
Manager
Sr. Surve
y Manager
(Survey)
Survey Manager
Sr. Project Surveyor
Project Surveyor
Lead Survey
Technician
Sr. Surveyor
Sr. Survey
Technician
Surveyor
2 Person Field Crew
Sr. Project
Coordinator
Project Accountant
HDR
LSA
Kleinfelder
Fehr & Peers
Monument
$426 $380 $291 $307 $291 $232 $291 $291 $291 $202 $175 $160 $131 $168 $77 $356 $267 $241 $211 $201 $181 $171 $156 $143 $377 $157 $144 Local Local

1.0 PROJECT  MANAGEMENT

1.1 Project  Administration 10 40 80 80 210 $43,535 ‐  ‐   ‐   ‐                  ‐                  $43,535

1.2 Meetings  and Coordination 10 100 10 10 60 190 $62,153 ‐  ‐   ‐   ‐                  ‐                  $62,153

1.3 Quality  Assurance / Quality control 20 20 40 $16,120 ‐  ‐   ‐   ‐                  ‐                  $16,120 OTHER DIRECT COSTS $0 ‐  ‐   ‐   ‐                  ‐                  $0 Subtotal Phase 1 4 0 1 6 0 1 0 1 00 6 00000000000000000000 8 0 8 0 4 4 0 $121,808 $0 $0 $0 $0 $0 $121,808

2.0 BACKGROUND  RESEARCH

2.1 Data  Collection 81 6 16 40 $6,991 10,150          ‐   ‐   ‐                  ‐                  $17,140

2.2 Base  Map 4 8 20 20 4 56 $12,031 ‐  ‐   ‐   ‐                  ‐                  $12,031 OTHER DIRECT COSTS $0 ‐  ‐   ‐   ‐                  ‐                  $0 Subtotal Phase 2 0
0000008000 1 6 1 600480 2 00 2 0000040 9 6 $19,021 $10,150 $0 $0 $0 $0 $29,171

3.0 ENVIRONMENTAL  SERVICES

3.1 Environmental  Documentation (CEQA/NEPA) 10 40 40 90 $31,119 ‐  8,652           ‐   ‐                  ‐                  $39,771

3.2.1 Community  Impacts Assessment (CIA) Memorandum 0$ 0 ‐  12,565         ‐   ‐                  ‐                  $12,565

3.2.2 Minor  Visual Impact Assessment (VIA) 10 10 40 60 $11,662 ‐  5,878           ‐   ‐                  ‐                  $17,541

3.2.3 Archeological  Survey Report and Historic Property Survey Report 10 20 30 $6,950 ‐  36,078         ‐   ‐                  ‐                  $43,029

3.2.4 Initial  Site Assessment (ISA) 10 10 10 30 $9,629 ‐  16,874         ‐   ‐                  ‐                  $26,503

3.2.5 Noise  Technical Memorandum 10 10 $2,915 ‐  7,884           ‐   ‐                  ‐                  $10,799

3.2.6 Biological  Compliance Technical Memorandum 10 10 $2,915 ‐  5,683           ‐   ‐                  ‐                  $8,598

3.3 NEPA  CE 10 40 20 40 110 $36,948 ‐  5,632           ‐   ‐                  ‐                  $42,580 OTHER DIRECT COSTS $0 ‐  5,200           ‐   ‐                  ‐                  $5,200 Subtotal Phase 3 2 09 0 3 00 1 3 00000 3 0000 4 00000000000000 3 4 0 $102,138 $0 $104,447 $0 $0 $0 $206,586

4.0 UTILITY  COORDINATION AND RAIL COORDINATION

4.1 Existing  Utility Mapping 20 20 20 20 80 $16,290 34,232         ‐   ‐   ‐                  ‐                  $50,522

4.2 Rail  Coordination 10 10 $3,800 22,663          ‐   ‐   ‐                  ‐                  $26,463 OTHER DIRECT COSTS $0 $0
Subtotal Phase 4 01 0000 2 00 2 0000 2 0 2 000000000000000 9 0 $20,090 $56,896 $0 $0 $0 $0 $76,986

5.0 PRELIMINARY  ENGINEERING (30% DESIGN)

5.1 Traffic  Studies 0$ 0 ‐  ‐   ‐   59,750      ‐                 $59,750

5.2 Preliminary  Design 10 40 40 60 40 40 80 120 120 120 80 80 830 $160,013 44,308         ‐   ‐   ‐                  ‐                  $204,321

5.3 Geotechnical  Studies 20 20 $5,829 ‐  ‐   29,124         ‐                  ‐                 $34,953

5.4.1 Bridge  Structure ‐ Advanced Planning Studies 0 $0 167,884        ‐   ‐   ‐                  ‐                  $167,884

5.4.2 Retaining  Wall Structures 20 80 80 180 $45,289 ‐  ‐   ‐   ‐                  ‐                  $45,289

5.4.3 Pumping  Plant Structure 40 40 $8,071 ‐  ‐   ‐   ‐                  ‐                  $8,071 OTHER DIRECT COSTS $0 1,800           ‐   ‐   5,200        ‐                 $7,000 Subtotal Phase 5 1
04 0 4 00 4 0 6 0 4 0 4 0 8 0 2 0 0 1 2 0 1 2 0 1 2 0 8 0 8 0000000000000 1070 $219,202 $213,992 $0 $29,124 $64,950 $0 $527,268

6.0 PUBLIC  OUTREACH

6.1 Stakeholder and Community Outreach 30 30 60 $18,355 95,492         ‐   ‐   ‐                  ‐                  $113,848 OTHER DIRECT COSTS $0 12,000         ‐   ‐   ‐                  ‐                  $12,000 Subtotal Phase 6 03 0000 3 0000000000000000000000 6 0 $18,355 $107,492 $0 $0 $0 $0 $125,848

7.0 RIGHT  OF WAY

7.1 Preliminary  Right of Way Exhibit 4 4 30 30 118 $39,241 ‐  ‐   ‐   ‐                  ‐                  $39,241

7.2 Right  of Way Data Sheet 4 4 20 20 48 $9,159 ‐  ‐   ‐   ‐                  12,140      $21,299

7.3 Preserving  and Perpetuating Survey Monuments 4 8 16 28 $5,305 ‐  ‐   ‐   ‐                  ‐                  $5,305 OTHER DIRECT COSTS $0 ‐  ‐   ‐   ‐                  ‐                  $0 Subtotal Phase 7 0 0000000000000008 1 20 5 80 1 6 5 00000 1 9 4 $53,705 $0 $0 $0 $0 $12,140 $65,845

8.0 PROJECT  REPORT

8.1 Project Report 10 40 10 20 20 40 40 40 40 260 $59,544 ‐  ‐   ‐   ‐                  ‐                  $59,544

8.2 Cost Estimates 10 10 20 40 40 40 40 200 $39,247 ‐  ‐   ‐   ‐                  ‐                  $39,247 OTHER DIRECT COSTS $0 ‐  ‐   ‐   ‐                  ‐                  $0 Subtotal Phase 8 1 05 0 2 00 4 0 2 0000 8 0 8 0 8 0 8 000000000000000 4 6 0 $98,792 $0 $0 $0 $0 $0 $98,792

9.0 FUNDING

9.1 FUNDING 40 40 $12,272 ‐  ‐   ‐   ‐                  ‐                  $12,272 OTHER DIRECT COSTS $0 ‐  ‐   ‐   ‐                  ‐                  $0 Subtotal Phase 9 0 00 4 000000000000000000000000 4 0 $12,272 $0 $0 $0 $0 $0 $12,272

10.0 50%  Design

10.1 Utility Relocatio n Matrix 84 0 48 $14,699 ‐  ‐   ‐   ‐                  ‐                  $14,699

10.2 Plans 10 20 20 50 40 100 200 200 60 700 $123,146 ‐  ‐   ‐   ‐                  ‐                  $123,146

10.3 Cost Estimate 10 10 40 40 100 $17,766 ‐  ‐   ‐   ‐                  ‐                  $17,766 OTHER DIRECT COSTS $0 ‐  ‐   ‐   ‐                  ‐                  $0 Subtotal Phase 1 0 1 03 800 2 0 6 0 4 000 4 0 1 0 0 2 4 0 2 4 0 6 00000000000000 8 4 8 $155,610 $0 $0 $0 $0 $0 $155,610 TOTAL HOURS 90 418 100 50 230 250 80 68 80 350 300 476 476 180 80 4 16 12 20 58 20 16 50 0 0 84 80 3638 1902 470.5 150 342 84 Anticipated Salary Increases (5% for 2 years) $0 $0 $0 $0 $0 $0 $0 OTHER DIRECT COSTS $8,310 $14,500 $5,200 $0 $5,200 $0 $33,210 TOTAL COST $38,340 $174,137 $29,147 $15,340 $67,038 $57,960 $23,318 $19,820 $23,318 $70,620 $52,390 $76,283 $62,318 $30,285 $6,167 $1,424 $4,276 $2,887 $4,225 $11,630 $3,617 $2,739 $7,793 $0 $0 $13,160 $11,541 $829,303 $389,230 $104,447 $29,124 $64,950 $12,140 $1,429,195 TOTAL COST
COST PROPOSAL FOR PROJECT SCOPE ‐ City of Stockton: Dr MLK Jr. Blvd Undercrossing PA&ED Total MT
Cost
Mark Thomas
Total
Hours
Subconsultants
Please note that the rates shown are for estimating purposes only. See rate schedule for actual rates/ranges. 12/12/2023

EXHIBIT B

EXHIBIT 2
REV 2022‐05‐17
Insurance Requirements
(Design - Dr Martin Luther King Jr Blvd Underpass Reconstruction WT24030) Consultant shall 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 hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)

4. Professional Liability/Errors and Omissions Insurance appropriate to the Consulta
nt’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

4. Railroad Protective Liability Insurance. Railroad Protective Liability insurance with a limit of $5,000,000 per occurrence and aggregate of $10,000,000.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Other Insurance Provisions

EXHIBIT C

EXHIBIT 2
REV 2022‐05‐17
The insurance policies are to contain, or be endorsed to contain, the following
provisions:

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation

EXHIBIT C

EXHIBIT 2
REV 2022‐05‐17
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insure
d retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Claims Made Policies (Professional & Pollution Only)
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-
renewed, and not replaced with another claims-
made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

EXHIBIT C

EXHIBIT 2
REV 2022‐05‐17

Verification of Coverage

Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address

The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3
rd Floor – HR
Stockton, CA 95202

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