HomeMy WebLinkAbout5.5 Exterior Improvements Project CIP- Approval of an Agreement with Plant Construction Company L.P. for Design and Preconstruction Phase Services in a Progressive Design-Build Delivery Method
STAFF REPORT
CITY COUNCIL
Page 1 of 5
Agenda Item 5.5
DATE: May 6, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223 and GI0423 -
Approval of an Agreement with Plant Construction Company, L.P. for Design
and Preconstruction Phase Services in a Progressive Design-Build Delivery
Method
Prepared by: Michael Boitnott, CIP Manager
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with Plant Construction Company, L.P. for
Design and Preconstruction Phase Services in a Progressive Design-Build delivery method for the
Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223 and GI0423. The project
includes the design phase of future improvements to and preventative maintenance of the
exterior building envelopes of the following City of Dublin facilities: Civic Center, Library, Clock
Tower, Kolb House Museum, Sunday School Barn, Murray Schoolhouse Museum, Old St.
Raymond’s Church, Senior Center, The Wave, Fire Stations 16, 17, and 18.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Plant Construction Company, L.P. for Design
and Preconstruction Phase Services for the Exterior Improvements Project, CIP Nos. GI0122,
GI0125, GI0223, and GI0423.
FINANCIAL IMPACT:
The agreement is for a not-to-exceed amount of $731,320 for progressive design-build preliminary
design and collaboration services. Sufficient funds are available in the approved budgets for CIP
Nos. GI0122, GI0125, GI0223, and GI0423.
DESCRIPTION:
The 2024-2029 Capital Improvement Program (CIP) includes the following projects: Civic Center
Rehabilitation CIP No. GI0122, Civic Center Exterior Glazing, Sealing & Painting CIP No. GI0125,
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Exterior Painting at Various City Facilities CIP No. GI0223, and Roof Replacement at Various City
Facilities CIP No. GI0423 (Attachment 3). The scopes of work of these CIP projects are similar in
nature and Staff recommends the separate projects be combined into a newly created Exterior
Improvements Project and that the progressive design-build project delivery method be utilized to
complete the project.
Public Works Project Delivery Methods
There are several construction project delivery methods, but California law limits cities to three
project delivery methods for public works construction projects. The three methods are Design-
Bid-Build (DBB), Design-Build (DB), and Progressive Design-Build (PDB). Each project delivery
method has benefits and limitations depending upon several factors, including but not limited to,
budget, construction type, schedule, and complexity. A brief description of each delivery method
is provided below.
Design-Bid-Build (DBB)
The DBB project delivery method is the long standing, traditional method for construction projects
by public agencies, including the City of Dublin. In DBB, a design team prepares a complete
(100%) set of construction documents for the agency. The agency then solicits bids from
contractors based on the completed documents and awards the construction contract to the
responsible bidder that offers the lowest price. During construction, the agency administers the
project including any coordination between the contractor and the design team, such as
contractor requests for information. In this model, the agency is responsible for the project design
and the contractor may seek additional time and/or money for defects in the design documents.
DBB is the most popular delivery method for public projects in the United States, including City of
Dublin construction projects. However, alternative delivery methods have become available to
public agencies in California, offering more flexibility in some cases.
Design-Build (DB)
In the DB project delivery method, the agency contracts with a single entity for both the final
design and construction. The DB contract is based upon the agency’s program that outlines the
project requirements. The program is often defined through a preliminary or concept design and
associated documents that identify the agency’s needs, such as size, uses, performance needs,
and appearance.
DB contracts are typically solicited first through a prequalification process to identify a limited
number of DB contractors, which often include a contractor and an architect or engineer. Then,
DB contractors that are deemed qualified are invited to submit a proposal. The agency reviews the
proposals and selects the DB team based on the request for proposals criteria, which can be
lowest bid or best value. The selected DB contractor is responsible for the final design and
construction documents and the DB contractor cannot seek additional time and/or money for
defects in its own design documents.
The DB project delivery method is available to California cities through State law, Public Contract
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Code Division 2, Part 3, Chapter 4. The enabling legislation requires that a city’s public works
project be valued at a minimum of $1,000,000 to use the DB project delivery method.
Benefits of DB for cities include: the option of selecting the DB contractor based on best value
versus lowest bid; potential reduced design effort and costs; innovative design and construction
solutions brought by the DB contractor; improved communication between the designer and
contractor; and reduced risk associated with design deficiencies. Disadvantages of DB for cities
include: reduced control of the design and construction phases; limited opportunities for
competitive bidding; and the need for a qualified owner representative to confirm the final design
and construction meet the program and contract requirements because the designer is working
for the contractor instead of for the city. The City of Dublin utilized DB project delivery for the City
Hall HVAC and Roof Replacement project, CIP No. GI0119, in July 2020.
Progressive Design-Build (PDB)
Progressive Design-Build is the newest project delivery method available to California cities for
public works projects. The implemented legislation is codified in Public Contract Code, Division 2,
Part 3, Chapter 4.7, and became effective for cities on January 1, 2023. To utilize the PDB method,
a city public works project must exceed $5,000,000, and cities are limited to using PDB for up to
10 projects. As PDB utilization increases, it is anticipated that these limits will be changed by the
State legislature.
The PDB delivery method is a two-step variation of the DB method. The differences between PDB
and DB are that PDB enables cities to engage the design-builder earlier, allowing collaborative
project development before commitment to the final costs. It also allows for inclusion of contract
clauses, sometimes referred to as off-ramps, which allow the city or design-builder to terminate
the project before construction if the parties cannot reach agreement on final terms. Such off-
ramps provide flexibility and reduce risk for the city by providing an alternative way to move
forward with the project using another procurement method, if necessary, versus being bound by
a construction contract. For the Exterior Improvements Project, the PDB steps are as follows:
Step 1 – Preliminary Design and Collaboration: The City selects a Design-Builder based on
qualifications and overall approach. The City and Design-Builder work closely to develop the
project’s scope, design, budget, and risk profile. At the end of this phase, the City and Design-
Builder negotiate a Guaranteed Maximum Price (GMP) for design and construction.
Off-Ramp: If the City is unable to negotiate an acceptable GMP with the Design-Builder,
the City can choose to use the design documents and proceed with an alternative procurement
method, such as competitive public bidding. This off-ramp would also allow the City to reconsider
proceeding with the next PDB step based on factors such as available budget or new City
priorities.
Step 2 – Final Design and Construction: Upon approval of the GMP, the Design-Builder
proceeds with final design, permitting, and construction. The same integrated team remains
involved throughout the life of the project.
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The PDB process offers several advantages for public infrastructure projects such as:
• Enhanced Collaboration: Early involvement of design and construction teams improves
communication and problem-solving.
• Design Flexibility: Design decisions can be refined as the project evolves, with real-time
feedback from the agency.
• Cost Control: The GMP is established after the scope is better defined, reducing risk of
cost overruns.
• Faster Delivery: Design and construction phases can overlap, expediting project
completion.
• Transparency and Risk Mitigation: The agency gains insight into cost development and can
address potential issues early.
There are disadvantages of the PDB process too, such as:
• Uncertainty in Final Costs: The GMP is not known at the beginning of the collaboration with
the design-build contractor.
• Limited Owner Control and Flexibility: The agency may have less direct control over the
design process, especially with the firms working under the design-builder. The agency’s
ability to make changes or adjustments later in the process can also be limited.
• Hesitancy in Off-Ramping: The agency might hesitate to “off-ramp” the project team, even
if there are issues with the project’s performance.
• Extensive Collaboration and Communication: PDB requires a high level of communication,
collaboration, and decision making by the agency.
Exterior Improvements Project
The preliminary design and collaboration step for the Exterior Improvements Project provides for
the design service and preconstruction services to obtain a GMP for the final design and
construction of the improvements. The table below summarizes the types of improvements that
are included in the Project.
Location Roofing
Painting/
Sealing Gutters
Exterior
Repairs Other
Civic Center X X Glazing
Library X X X
Clock Tower Cladding Replacement
Kolb House X X X
Sunday School Barn X
Murray Schoolhouse X X
St. Raymond’s Church X X X
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Senior Center X X
The Wave X Repair Cracked Cement Siding
Fire Stations 16 X X
Fire Stations 17 X
Fire Stations 18 X
On March 12, 2025, a Request for Qualifications from Design-Build Entities (Attachment 4) was
released. Three qualification packages were received on April 7, 2025. Staff reviewed the
qualifications packages and ranked the Design-Build Entities as follows:
1. Plant Construction Company, L.P. and Architectural Resources Group
2. Gilbane Building Company and Dahlin Group
3. W.E. Lyons Construction Co. and Allanna Buick & Bers, Inc.
The most qualified and best overall approach was provided by Plant Construction Company, L.P.
with a not-to-exceed cost for the preliminary design and collaboration services of $731,320
(Attachment 2). If the City Council approves the agreement for design and preconstruction phase
services, Staff and the Plant Construction team will start the preliminary design and collaboration
work. Staff anticipates bringing a final design and construction contract, including a GMP, back to
the City Council this summer.
STRATEGIC PLAN INITIATIVE:
Strategy 5. Long-Term Infrastructure and Sustainability Investments.
Objective 5A. Continue to explore funding mechanisms for capital and ongoing maintenance
needs.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and a copy of this report was provided to Plant Construction
Company, L.P.
ATTACHMENTS:
1) Resolution Approving an Agreement with Plant Construction Company, L.P. for Design and
Preconstruction Phase Services for the Exterior Improvements Project, CIP Nos. GI0122,
GI0125, GI0223, and GI0423
2) Exhibit A to the Resolution – Agreement with Plant Construction Company, L.P. for Design and
Preconstruction Phase Services
3) CIP Nos. GI0122, GI0125, GI0223, and GI0423
4) Request for Qualifications from Design-Build Entities
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Attachment 1
Reso. No. XX-25, Item X.X, Adopted 5/6/2025 Page 1 of 2
RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH PLANT CONSTRUCTION COMPANY, L.P. FOR
DESIGN AND PRECONSTRUCTION PHASE SERVICES FOR THE EXTERIOR
IMPROVEMENTS PROJECT, CIP NOS. GI0122, GI0125, GI0223, AND GI0423
WHEREAS,on March 12, 2025, the City of Dublin issued a Request for Qualifications
(RFQ) from design-build entities for the Exterior Improvements Project, CIP Nos. GI0122, GI0125,
GI0223, and GI0423. The project provides for exterior improvements and preventative
maintenance located at the following city facilities: Civic Center, Library, Clock Tower, Kolb House
Museum, Sunday School Barn, Murray Schoolhouse Museum, Old St. Raymond’s Church, Senior
Center, The Wave, Fire Stations 16, 17, and 18; and
WHEREAS,on April 7, 2025, the City of Dublin received three responses to the RFQ; and
WHEREAS,the City of Dublin reviewed and evaluated the qualifications submitted in
accordance with the RFQ rating criteria; and
WHEREAS,the City of Dublin desires to enter into an agreement with Plant Construction
Company, L.P. for a not-to-exceed amount of $731,320 for design and preconstruction phase
services of the Exterior Improvements Project under the progressive design-build project delivery
method.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement with Plant Construction Company, L.P., attached hereto as Exhibit
A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent
of this Resolution.
{Signatures on the follow page}
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Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 6th day of May 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PLANT CONSTRUCTION COMPANY, L.P.
FOR
DESIGN AND PRECONSTRUCTION PHASE SERVICES FOR THE EXTERIOR
IMPROVEMENTS PROJECT UNDER THE PROGRESSIVE DESIGN-BUILD
PROJECT DELIVERY METHOD
THIS AGREEMENT for consulting services is made by and between the City of
Dublin (“City”) and Plant Construction Company, L.P. (“Consultant”) (together
sometimes referred to as the “Parties”) as of May 7, 2025 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in the Scope of
Work attached as Exhibit A at the time and place and in the manner specified therein.
In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the
Effective Date and shall end on June 30, 2026, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section
8. The time provided to Consultant to complete the services required by
this Agreement shall not affect the City’s right to terminate the Agreement,
as referenced in Section 8. Notwithstanding the foregoing this Agreement
may be extended on a month to month basis for up to 12 months upon the
written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price
charged by the Consultant for the provision of the serves described in
Exhibit A does not increase. None of the foregoing shall affect the City’s
right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required
pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which
Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent
personnel to perform services pursuant to this Agreement. If City, in its
sole discretion, at any time during the term of this Agreement, desires the
reassignment of any such persons, Consultant shall, immediately upon
receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to meet the
Attachment 2
Exhibit A to the Resolution
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May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 2
standard of performance provided in Subsection 1.2 above and to satisfy
Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit
A include “work performed during the design and preconstruction phases
of construction including, but not limited to, inspection and land surveying
work,” the services constitute a public works within the definition of
Section 1720(a)(1) of the California Labor Code. As a result, Consultant is
required to comply with the provisions of the California Labor Code
applicable to public works.
1.6 Public Works Contractor Registration. Consultant agrees, in
accordance with Section 1771.1 of the California Labor Code, that
Consultant or any subconsultant shall not be qualified to bid on, be listed
in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for public
work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor
Code, unless currently registered and qualified to perform public work
pursuant to California Labor Code section 1725.5. It is not a violation of
this section for an unregistered contractor to submit a bid that is
authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5
at the time the contract is awarded. No contractor or subcontractor may
be awarded a contract for public work on a public works project unless
registered with the Department of Industrial Relations pursuant to
California Labor Code section 1725.5. Consultant agrees, in accordance
with Section 1771.4 of the California Labor Code, that if the work under
this Agreement qualifies as public work, it is subject to compliance
monitoring and enforcement by the Department of Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant as provided in
further detail in Exhibit A, notwithstanding any contrary indications that may be
contained in Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict regarding the amount of
compensation between this Agreement and Consultant’s proposal, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at
the time and in the manner set forth herein. The payments specified below shall be the
only payments from City to Consultant for services rendered pursuant to this
Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, Consultant shall not bill City for
duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to
Consultant under this Agreement is based upon Consultant’s estimated costs of
providing the services required hereunder, including salaries and benefits of employees
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and subcontractors of Consultant. Consequently, the Parties further agree that
compensation hereunder is intended to include the costs of contributions to any
pensions and/or annuities to which Consultant and its employees, agents, and
subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for services
performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this Agreement shall bill more than 2,000
hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the
first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount
of prior billings, the total due this period, the balance available under
the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual
performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or
quarter hour
o If this Agreement covers multiple projects, all hours must
also be logged by project assignment
o A brief description of the work, and each reimbursable
expense
The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number
of hours worked by Consultant and any individual employee, agent, or
subcontractor of Consultant reaches or exceeds 800 hours within a 12-
month period under this Agreement and any other agreement between
Consultant and City. Such notice shall include an estimate of the time
necessary to complete work described in Exhibit A and the estimate of
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time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized
reimbursable costs incurred. City shall have 30 days from the receipt of
an invoice that complies with all of the requirements above to pay
Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant
to this Agreement within 60 days after completion of the services and
submittal to City of a final invoice, if all services required have been
satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by
Consultant pursuant to this Agreement. City shall not pay any additional
sum for any expense or cost whatsoever incurred by Consultant in
rendering services pursuant to this Agreement. City shall make no
payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Consultant submit any invoice for an amount in excess of
the maximum amount of compensation provided above either for a task or
for the entire Agreement, unless the Agreement is modified prior to the
submission of such an invoice by a properly executed change order or
amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis
shall not exceed the amounts shown on the compensation schedule
attached hereto as Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in
Exhibit A. Expenses not listed in Exhibit A are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation
provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal
or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant
terminates this Agreement pursuant to Section 8, the City shall
compensate the Consultant for all outstanding costs and reimbursable
expenses incurred for work satisfactorily completed as of the date of
written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
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2.9 Authorization to Perform Services. The Consultant is not authorized to
perform any services or incur any costs whatsoever under the terms of
this Agreement until receipt of authorization from the Contract
Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant
shall, at its sole cost and expense, provide all facilities and equipment that may be
necessary to perform the services required by this Agreement. City shall make
available to Consultant only the facilities and equipment listed in this section, and only
under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space,
as may be reasonably necessary for Consultant’s use while consulting with City
employees and reviewing records and the information in possession of the City. The
location, quantity, and time of furnishing those facilities shall be in the sole discretion of
City. In no event shall City be obligated to furnish any facility that may involve incurring
any direct expense, including but not limited to computer, long-distance telephone or
other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall
procure the types and amounts of insurance listed below against claims for injuries to
persons or damages to property that may arise from or in connection with the
performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant
shall provide proof satisfactory to City of such insurance that meets the requirements of
this section and under forms of insurance satisfactory in all respects, and that such
insurance is in effect prior to beginning work. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of
such insurance shall be included in the Consultant's bid or proposal. Consultant shall
not allow any subcontractor to commence work on any subcontract until Consultant has
obtained all insurance required herein for the subcontractor(s) and provided evidence to
City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE
SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO
EXECUTION. Consultant shall maintain all required insurance listed herein for the
duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and
expense, maintain Statutory Workers’ Compensation Insurance and
Employer’s Liability Insurance for any and all persons employed
directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall
be provided with limits of not less than $1,000,000 per accident. In
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the alternative, Consultant may rely on a self-insurance program to
meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the
standards of the California Labor Code shall be solely in the
discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver
of subrogation in favor of the entity for all work performed by the
Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1,
Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section; and
b. Waiver of Subrogation Endorsement as required by the
section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense,
shall maintain commercial general liability insurance for the term of
this Agreement in an amount not less than $5,000,000 for claims
made in the aggregate annually for all personal injury and property
damage, to include liability assumed under this Agreement, the use
of any licensed motor vehicle by DBE or
subconsultants/subcontractors, and naming City of Dublin, its
governing body, officers and employees as additional insureds. If a
Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit
shall be at least twice the required occurrence limit. Such coverage
shall include but shall not be limited to, protection against claims
arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities
contemplated under this Agreement, including without limitation,
blanket contractual liability and the use of owned and non-owned
automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage
shall be at least as broad as Insurance Services Office Commercial
General Liability occurrence form CG 0001 (most recent edition)
covering comprehensive General Liability on an “occurrence” basis.
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Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any
auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included
in the insurance coverage or added as a certified endorsement to
the policy:
a. The Insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to
be covered as additional insureds as respects: liability
arising out of work or operations performed by or on behalf
of the Consultant; or automobiles owned, leased, hired, or
borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any
insurer or contractor may require from vendor by virtue of the
payment of any loss. Consultant agrees to obtain any
endorsements that may be necessary to effect this waiver of
subrogation.
d. For any claims related to this Agreement or the work
hereunder, the Consultant’s insurance coverage shall be
primary insurance as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Consultant’s insurance and
shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2,
Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the
section; and
d. Primary Insurance Endorsement as required by the
section.
4.3 Professional Liability Insurance.
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4.3.1 General Requirements. Consultant, at its own cost and expense,
shall maintain for the period covered by this Agreement
professional liability insurance for licensed professionals performing
work pursuant to this Agreement in an amount not less than
$2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not
exceed $25,000, for all damages or losses because of errors,
omissions, or malpractice arising out of the provision of
professional services by DBE and DBE’s
subconsultants/subcontractors under this Agreement.
4.3.2 Claims-Made Limitations. The following provisions shall apply if
the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must
be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance
must be provided for at least 3 years after completion of the
Agreement or the work, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced
with another claims-made policy form with a retroactive date
that precedes the date of this Agreement, Consultant shall
purchase an extended period coverage for a minimum of 3
years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement
of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3,
Consultant shall submit the Certificate of Liability Insurance in the
amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is
to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with complete copies of all
Certificates of Liability Insurance delivered to Consultant by the
insurer, including complete copies of all endorsements attached to
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the policies. All copies of Certificates of Liability Insurance and
certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City
does not receive the required insurance documents prior to the
Consultant beginning work, it shall not waive the Consultant’s
obligation to provide them. The City reserves the right to require
complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall
disclose to and obtain the written approval of City for the self-
insured retentions and deductibles before beginning any of the
services or work called for by any term of this Agreement. At the
option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its
officers, employees, and volunteers; or the Consultant shall provide
a financial guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim administration and
defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall
include a “wasting” policy limit (i.e. limit that is eroded by the cost of
defense).
4.4.5 Endorsement Requirements. Each insurance policy required by
Section 4 shall be endorsed to state that coverage shall not be
canceled by either party, except after 30 days’ prior written notice
has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and
certified endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated
herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements
to the extent and within the time herein required, City may, at its sole
option exercise any of the following remedies, which are alternatives to
other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under the
Agreement;
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Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work
and withhold any payment, until Consultant demonstrates compliance
with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
Consultant shall, to the extent permitted by law, including without limitation California
Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in
any actions at law or in equity, the City, its employees, agents, volunteers, and elective
and appointive boards, from all claims, losses, and damages, including property
damage, personal injury, death, and liability of every kind, nature and description,
arising out of, pertaining to or related to the negligence, recklessness or willful
misconduct of Consultant or any person directly or indirectly employed by, or acting as
agent for, Consultant, during and after completion of Consultant’s work under this
Agreement.
With respect to those claims arising from a professional error or omission, Consultant
shall defend, indemnify and hold harmless the City (including its elected officials,
officers, employees, and volunteers) from all claims, losses, and damages arising from
the professionally negligent acts, errors or omissions of Consultant, however, the cost to
defend charged to Consultant shall not exceed Consultant’s proportionate percentage
fault.
Consultant's obligation under this section does not extend to that portion of a claim
caused in whole or in part by the sole negligence or willful misconduct of the City.
Consultant shall also indemnify, defend and hold harmless the City from all suits or
claims for infringement of any patent rights, copyrights, trade secrets, trade names,
trademarks, service marks, or any other proprietary rights of any person or persons
because of the City or any of its officers, employees, volunteers, or agents use of
articles, products things, or services supplied in the performance of Consultant’s
services under this Agreement, however, the cost to defend charged to Consultant shall
not exceed Consultant’s proportionate percentage fault.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless
City and its officers, elected officials, employees, agents and volunteers from and
against any and all liability, loss, damage, claims, expenses, and costs (including
without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”)
of every nature arising out of or in connection with Consultant’s performance of the
services called for or its failure to comply with any of its obligations contained in this
Agreement, except such Liability caused by the sole negligence or willful misconduct of
City.
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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract”
as defined by California Civil Code Section 2782, as may be amended from time to
time, such duties of Consultant to indemnify shall not apply when to do so would be
prohibited by California Civil Code Section 2782.
The Consultant’s obligation to defend and indemnify shall not be excused because of
the Consultant’s inability to evaluate Liability or because the Consultant evaluates
Liability and determines that the Consultant is not liable to the claimant. The Consultant
must respond within 30 days to the tender of any claim for defense and indemnity by the
City. If the Consultant fails to accept or reject a tender of defense and indemnity within
30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered
necessary by the City, may be retained by the City until disposition has been made of
the claim or suit for damages, or until the Consultant accepts or rejects the tender of
defense, whichever occurs first.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and shall not be an
employee of City. This Agreement shall not be construed as an agreement
for employment. City shall have the right to control Consultant only insofar
as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by
which Consultant accomplishes services rendered pursuant to this
Agreement. Consultant further acknowledges that Consultant performs
Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the Consultant performs for the City and
has the option to perform such work for other entities. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to
the contrary, Consultant and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify
for or become entitled to, and hereby agree to waive any and all claims to,
any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public
Employees Retirement System (PERS) as an employee of City and
entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing,
Consultant shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Consultant shall have no
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authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors
shall comply with all laws and regulations applicable to the performance of
the work hereunder, including but not limited to, the California Building
Code, the Americans with Disabilities Act, and any copyright, patent or
trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall
constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement
may be funded by fiscal assistance from another governmental entity,
Consultant and any subcontractors shall comply with all applicable rules
and regulations to which City is bound by the terms of such fiscal
assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all
licenses, permits, qualifications, and approvals of whatsoever nature that
are legally required to practice their respective professions. Consultant
represents and warrants to City that Consultant and its employees,
agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits,
and approvals that are legally required to practice their respective
professions. In addition to the foregoing, Consultant and any
subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not
discriminate, on the basis of a person’s race, sex, gender, religion
(including religious dress and grooming practices), national origin,
ancestry, physical or mental disability, medical condition (including cancer
and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression,
political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a
“Protected Characteristic”), against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in,
recipient of, or applicant for any services or programs provided by
Consultant under this Agreement.
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Consultant shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without
cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City
and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation
for services performed to the effective date of termination; City, however,
may condition payment of such compensation upon Consultant delivering
to City any or all documents, photographs, computer software, video and
audio tapes, and other materials provided to Consultant or prepared by or
for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection 1.1. Any
such extension shall require a written amendment to this Agreement, as
provided for herein. Consultant understands and agrees that, if City
grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for
in this Agreement. Similarly, unless authorized by the Contract
Administrator, City shall have no obligation to reimburse Consultant for
any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The Parties may amend this Agreement only by a writing
signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and
agree that this Agreement contemplates personal performance by
Consultant and is based upon a determination of Consultant’s unique
personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of
Consultant. Consultant may not assign this Agreement or any interest
therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract
Administrator.
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8.5 Survival. All obligations arising prior to the termination of this Agreement
and all provisions of this Agreement allocating liability between City and
Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches
any of the terms of this Agreement, City’s remedies shall include, but are
not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Consultant
pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in
Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the
work described in Exhibit A that is unfinished at the time of breach
and the amount that City would have paid Consultant pursuant to
Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda,
plans, studies, specifications, records, files, or any other documents or
materials, in electronic or any other form, that Consultant prepares or
obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of the City. Consultant hereby agrees to
deliver those documents to the City upon termination of the Agreement. It
is understood and agreed that the documents and other materials,
including but not limited to those described above, prepared pursuant to
this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Consultant agree
that, until final approval by City, all data, plans, specifications, reports and
other documents are confidential and will not be released to third parties
without prior written consent of both Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, and other
records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to the City under this Agreement
for a minimum of 3 years, or for any longer period required by law, from
the date of final payment to the Consultant to this Agreement.
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9.3 Inspection and Audit of Records. Any records or documents that
Subsection 9.2 of this Agreement requires Consultant to maintain shall be
made available for inspection, audit, and/or copying at any time during
regular business hours, upon oral or written request of the City. Under
California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall
be subject to the examination and audit of the State Auditor, at the request
of City or as part of any audit of the City, for a period of 3 years after final
payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including
an action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’
fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought
for that purpose.
10.2 Venue. In the event that either party brings any action against the other
under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in the state courts of California in the County of
Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the
provisions of this Agreement not so adjudged shall remain in full force and
effect. The invalidity in whole or in part of any provision of this Agreement
shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other
breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure
to the benefit of and shall apply to and bind the successors and assigns of
the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all
reports, written studies and other printed material on recycled paper to the
extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless
of location, would place Consultant in a “conflict of interest,” as that term is
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defined in the Political Reform Act, codified at California Government
Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed
pursuant to this Agreement. No officer or employee of City shall have any
financial interest in this Agreement that would violate California
Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the
previous 12 months, an employee, agent, appointee, or official of the City.
If Consultant was an employee, agent, appointee, or official of the City in
the previous 12 months, Consultant warrants that it did not participate in
any manner in the forming of this Agreement. Consultant understands
that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not
be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be
required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding
public office in the State of California.
At City’s sole discretion, Consultant may be required to file with the City a
Form 700 to identify and document Consultant’s economic interests, as
defined and regulated by the California Fair Political Practices
Commission. If Consultant is required to file a Form 700, Consultant is
hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,
focus group, or interview related to this Agreement, either orally or through
any written materials.
10.9 Contract Administration. This Agreement shall be administered by the
City Manager ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Plant Construction Company, L.P.
Att: Phillip Aguilar, Vice President / Construction Manager
300 Newhall Street
San Francisco, CA 94124
Any written notice to City shall be sent to:
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City of Dublin
Att: Michael Boitnott
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto
and incorporated herein as Exhibit A, and the Special Conditions to this
Agreement attached hereto and incorporated herein as Exhibit B
represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A Scope of Services & Compensation Schedule/Reimbursable
Expenses
Exhibit B Special Conditions to the Services Consulting Agreement
10.12 Counterparts and Electronic Signatures. This Agreement may be
executed in multiple counterparts, each of which shall be an original and
all of which together shall constitute one agreement. Counterparts
delivered and/or signatures executed by City-approved electronic or digital
means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in
accordance with applicable federal and California law. Either Party may
revoke its agreement to use electronic signatures at any time by giving
notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this
contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature
below Consultant certifies that Consultant, and any parent entities,
subsidiaries, successors or subunits of Consultant are not identified on a
list created pursuant to subdivision (b) of Section 2203 of the California
Public Contract Code as a person engaging in investment activities in Iran
as described in subdivision (a) of Section 2202.5, or as a person
described in subdivision (b) of Section 2202.5 of the California Public
Contract Code, as applicable.
10.14 Provisions Required For Public Works Contracts Pursuant To
California Labor Code Section 1720 Et Seq.
A. HOURS OF WORK:
i. In accordance with California Labor Code Section 1810, 8 hours of
labor in performance of the services described in Exhibit A shall
constitute a legal day’s work under this contract.
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ii. In accordance with California Labor Code Section 1811, the time of
service of any worker employed in performance of the services
described in Exhibit A is limited to 8 hours during any one calendar
day, and 40 hours during any one calendar week, except in
accordance with California Labor Code Section 1815, which
provides that work in excess of 8 hours during any one calendar
day and 40 hours during any one calendar week is permitted upon
compensation for all hours worked in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week at
not less than one-and-one-half times the basic rate of pay.
iii. The Consultant and its subcontractors shall forfeit as a penalty to the
City $25 for each worker employed in the performance of the
services described in Exhibit A for each calendar day during which
the worker is required or permitted to work more than 8 hours in
any one calendar day, or more than 40 hours in any one calendar
week, in violation of the provisions of California Labor Code Section
1810 and following.
B. WAGES:
i. In accordance with California Labor Code Section 1773.2, the City has
determined the general prevailing wages in the locality in which the
services described in Exhibit A are to be performed for each craft or
type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and
Research, a copy of which is on file in the City Public Works Office
and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services
described in Exhibit A shall pay no less than these rates to all
persons engaged in performance of the services described in
Exhibit A.
ii. In accordance with California Labor Code Section 1775, the
Consultant and any subcontractors engaged in performance of the
services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker
engaged in the performance of the services described in Exhibit A
that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be
determined by the Labor Commissioner and shall be based on
consideration of the mistake, inadvertence, or neglect of the
Consultant or subcontractor in failing to pay the correct rate of
prevailing wages, or the previous record of the Consultant or
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subcontractor in meeting applicable prevailing wage obligations, or
the willful failure by the Consultant or subcontractor to pay the
correct rates of prevailing wages. A mistake, inadvertence, or
neglect in failing to pay the correct rate of prevailing wages is not
excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or
subcontractor shall pay the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day or
portion thereof for which each worker was paid less than the
prevailing wage rate. If a subcontractor worker engaged in
performance of the services described in Exhibit A is not paid the
general prevailing per diem wages by the subcontractor, the
Consultant is not liable for any penalties therefore unless the
Consultant had knowledge of that failure or unless the Consultant
fails to comply with all of the following requirements:
a. The contract executed between the Consultant and the
subcontractor for the performance of part of the services
described in Exhibit A shall include a copy of the
provisions of California Labor Code Sections 1771, 1775,
1776, 1777.5, 1813, and 1815.
b. The Consultant shall monitor payment of the specified
general prevailing rate of per diem wages by the
subcontractor by periodic review of the subcontractor’s
certified payroll records.
c. Upon becoming aware of a subcontractor’s failure to pay
the specified prevailing rate of wages, the Consultant
shall diligently take corrective action to halt or rectify the
failure, including, but not limited to, retaining sufficient
funds due the subcontractor for performance of the
services described in Exhibit A.
d. Prior to making final payment to the subcontractor, the
Consultant shall obtain an affidavit signed under penalty
of perjury from the subcontractor that the subcontractor
has paid the specified general prevailing rate of per diem
wages for employees engaged in the performance of the
services described in Exhibit A and any amounts due
pursuant to California Labor Code Section 1813.
iii. In accordance with California Labor Code Section 1776, the
Consultant and each subcontractor engaged in performance of the
services described in Exhibit A shall keep accurate payroll records
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showing the name, address, social security number, work, straight
time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or
other employee employed in performance of the services described
in Exhibit A. Each payroll record shall contain or be verified by a
written declaration that it is made under penalty of perjury, stating
both of the following:
a. The information contained in the payroll record is true
and correct.
b. The employer has complied with the requirements of
California Labor Code Sections 1771, 1811, and 1815 for
any work performed by the employer’s employees on the
public works project.
The payroll records required pursuant to California Labor Code
Section 1776 shall be certified and shall be submitted directly to the
Labor Commission, and available for inspection by the Owner and
its authorized representatives, the Division of Labor Standards
Enforcement, the Division of Apprenticeship Standards of the
Department of Industrial Relations and shall otherwise be available
for inspection in accordance with California Labor Code Section
1776.
iv. In accordance with California Labor Code Section 1777.5, the
Consultant, on behalf of the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A,
shall be responsible for ensuring compliance with California Labor
Code Section 1777.5 governing employment and payment of
apprentices on public works contracts.
v. In case it becomes necessary for the Consultant or any
subcontractor engaged in performance of the services described in
Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory,
administrative, clerical, or other non-manual workers as such) for
which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the Consultant or
subcontractor shall pay the minimum rate of wages specified
therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The
minimum rate thus furnished shall be applicable as a minimum for
such trade or occupation from the time of the initial employment of
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the person affected and during the continuance of such
employment.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons
whose signatures appear below certify that they are authorized to sign on behalf of the
respective Party.
CITY OF DUBLIN PLANT CONSTRUCTION COMPANY,
L.P.
Colleen Tribby, City Manager Chris Rivielle, President
1000575696
Attest:
Consultant’s DIR Registration Number
Marsha Moore, City Clerk
199832800016
Consultant’s Business Entity Number
Approved as to Form:
City Attorney
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May 7, 2025 Exhibit A Page 1
EXHIBIT A
SCOPE OF SERVICES
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
The City of Dublin intends to repair, replace, and improve the exterior building envelope on
several City buildings to modernize facilities and perform needed maintenance. These
improvements include waterproofing, glazing, exterior painting, and roofing.
1. Civic Center Waterproofing
The Civic Center complex was constructed in the late 1980’s, and with time has experienced
water intrusion and routine aging of the components of its exterior envelope, including the
exterior tile wall system, and exterior window and skylight systems. In 2024, the City retained
Axis Building Envelope Design to prepare design documents for this repair work for the
western wing of the Civic Center complex, which are attached here as Project Criteria
Documents describing the scope of work for the Civic Center Waterproofing portion of the
project.
The scope of work is to perform this work for the entire Civic Center complex (it does not
include the Library at the southern part of the site). The scope of work includes phasing,
staging, and protecting the work, and occupants of, the Civic Center complex which will remain
operational during the project.
2. Roofing
The scope of work also includes roofing replacement at several City buildings, as part of
routine roof replacement and maintenance.
3. Exterior Painting
The scope of work includes exterior painting and related minor repairs at several City buildings
to maintain the structures' appearance and to prevent damage caused by moisture infiltration.
4. Minor Exterior Repairs and Replacement Prior to Painting
The scope of work includes repair work, most to be executed prior to exterior painting, to a
number of facilities. This work includes stairways, skylights, stonework, decking, siding,
windows, etc.
5. Civic Center Clock Tower
The scope of work includes demolish and discard or reuse existing exterior stone and metal
cladding; inspect and repair steel superstructure, clean and paint all structural steel, repair of
the existing light gauge metal framing; install new stone and metal cladding over new weather
resistant barrier, sheathing, adhesive, stucco and lath; add ventilation, remove existing
electrical and lighting system; install new electrical and lighting system; remove, remediate,
store and reinstall existing clock faces.
A. Overview and General Requirements
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May 7, 2025 Exhibit A Page 2
1. City intends to design and construct exterior building upgrades to City of Dublin buildings
and facilities as more fully described below. Professional design skills and preconstruction
services are essential for the proper and satisfactory execution of this project. For this
reason, City is entering into this Agreement with Consultant.
2. As provided in Section 1.3 of the Agreement, Project Personnel,
subconsultants/subcontractors retained by Consultant must be authorized in advance, in
writing by City’s Department Head. Consultant shall direct tasks and activities of its
authorized subconsultants/subcontractors and ensure that the tasks, activities and/or
products required by this Agreement are completed in a timely manner and in accordance
with the applicable standard of care for the given subconsultant/subcontractor.
Notwithstanding the authorization for work to be performed by a particular
subconsultant/subcontractor, Consultant is solely responsible for the performance of all
services and delivery of all products under this Agreement.
3. Work shown or specified in reports, drawings, and specifications must comply with all
requirements of the City of Dublin Municipal Code, applicable State and Federal codes and
regulations, and the local fire district and utility companies or districts having jurisdiction
over the project or area in which the project is located.
Project Description
Civic Center Exterior Envelope:
1. Storefront/glazing:
a. Remove and replace original storefront and sloped glazing in kind, size and location. Install
liquid-applied flashing at rough openings and galvanized sheet metal (GSM) flashing in full
sealant embed. Install backer rod and Sealant at rough opening perimeter
b. At existing storefront to remain, remove and replace sealants at storefront rough opening
perimeter. Install Backer rod and sealant following liquid-applied at rough openings.
c. Alternatively, remove and replace all storefront units in kind, size and location. Install
liquid-applied flashing at rough openings and GSM flashing. Install backer rod and sealant
at rough opening perimeter.
d. Work at new storefront work installed as part of the current Cultural Arts Center project is
excluded.
2. Remove and replace backer rod and sealant at vertical control joints at concrete masonry unit
(CMU) wall and stone veneer. Remove and replace backer rod and sealant at base of exterior
wall and horizontal sealant between CMU and stone veneer. Install silicone coating over
CMU.
3. At second floor exterior building walls and inside face of parapet, remove and replace sealant
joints. Route and seal open cracks up to 1/8" wide. Install silicone coating over plaster.
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4. At existing metal panels, remove and replace sealant joints at walls, cladding transitions and
parapet caps. Install Silicone coating over metal panel parapet coping.
5. At stone parapet caps remove and replace 100% joint backer rod and sealant.
6. Remove and replace deteriorated mortar joints at stone and CMU walls and stone parapet
caps. Inspect joints in field and replace deteriorated joints as required. Tuckpoint with in-kind
mortar grade, strength, texture and color.
7. Prepare and clean all exterior surfaces and install silicone coating at stone veneer, CMU and
plaster surfaces. Install silicone coating over all parapet caps. Provide final construction-
grade cleaning following approved punchlist.
8. All penetrations to have sealant removed, annular space cleaned, and detail coated with
silicone coating. Install backer rod and sealant.
Roofing:
1. Heritage Museum & Storage Building: architectural asphalt shingle & gutter replacement
2. Old St. Raymond Church: 3-tab asphalt shingle
3. Kolb House: add period correct gutters and downspouts (likely wood) and SD to collect
downspout runoff.
4. Sunday School Barn: add period correct gutters and downspouts (likely wood) and SD to
collect downspout runoff
5. Senior Center: TPO at all roofs except standing seam. Standing seam roof should be
evaluated and determine if repairs are warranted (note flat roof has solar panels).
6. Fire Station 16: TPO flat roof (note flat roof has solar panels). Standing seam roof should be
evaluated and determine if repairs are warranted.
6. Library: Water testing and remediation leaks at the following:
1) Standing seam roofing
2) Gutters
3) PV solar attachments
Minor Exterior Repairs and Replacement Prior to Painting
1. Kolb House *
• Repointing the brick chimney
• Repairs/restore to historic window
• Repairs to horizontal wood siding
• Repairs to wood decking
2. Old St. Raymond’s Church *
• Replace wooden ramp walking surface
• Repairs to wood decking/stairs
3. Museum/Schoolhouse *
• Replace wooden ramp walking surface
• Repairs to wood decking/stairs
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• Door and window repair/restore
• Repairs to horizontal wood siding
4. Civic Center City Hall
• Replacement of five skylights
5. Wave
• Replacement of cracked fiber cement horizontal siding
7. Library
• Stone wainscoting recaulking and sealing
* Work on historic buildings will need to comply with The Secretary of the Interior's Standards
for the Treatment of Historic Properties.
Painting:
This project will include exterior painting and repair work at the following locations:
1. Heritage Museum
2. Old St. Raymond's Church
3. Kolb House
4. Senior Center
5. Fire Stations 16, 17, and 18
6. The Wave Waterpark and Aquatic Center
7. Dublin Public Library
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Supplemental Scope of Work
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For this Project, the City will utilize a Progressive Design-Build procurement method wherein a
single entity will provide both the design and construction of the Project pursuant to Public
Contract Code section 22172.
B. Time
Consultant understands and agrees that time is of the essence in this agreement and that the
services shall start immediately upon full execution of this Agreement. Consultant shall perform
the services expeditiously and with the adequate forces and shall complete the services within
the time specified in Sections 3 and 13 of this Agreement.
C. Scope of Services
The Scope of Services for this Agreement only includes services during the Preconstruction
Phase. The Preconstruction Phase is defined as the period following the award and execution
of this Agreement to a Consultant for a progressive design-build project in which the
Consultant completes the necessary design activities and any preconstruction activities to
produce a Guaranteed Maximum Price (GMP).
Services include, but are not limited to, providing design services, preconstruction services,
project management services, labor, hazardous materials assessment as required, limited
destructive field investigations if needed, coordination, materials, tools, and equipment as
necessary to produce a GMP.
DEFINITIONS
The following terms are used throughout Exhibit A and are defined as follows:
Agreement: The written and executed document known as the Agreement by and between
Consultant and City, together with those Contract Documents identified therein and any
Change Orders or Amendments thereto made in writing, signed by the parties, and approved
as required. The terms Agreement and Contract are used interchangeably throughout this
document.
Contract Documents: The Contract Documents form the Contract for the Project and consist
of the Agreement, together with those documents set forth in the Agreement and any Change
Orders or Amendments thereto made in writing, signed by the parties, and approved as
required.
Design-Build: A project delivery process in which both the design and construction of a
project are procured from a single entity.
Design-Build Budget: The budget amount established by the City that represents the total
cost for the Project, including the cost to perform all activities necessary to complete the
Preconstruction Phase and the Final Design and Construction Phase.
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Design-Build Entity (DBE): A partnership, Limited Liability Company, joint venture,
corporation, or other legal entity that is able to provide appropriately licensed contracting,
architectural, and engineering services as needed pursuant to a Design-Build Contract.
Final Design and Construction Phase: The remaining design and preconstruction activities
necessary after the
Preconstruction Phase, and all construction activities necessary to complete construction and
closeout of a Progressive Design-Build Project.
Guaranteed Maximum Price (GMP): The maximum payment amount agreed upon by the City
and the DBE for the DBE to finish all remaining design, preconstruction, and construction
activities to complete and close out the Project.
Preconstruction Phase: The period following the award of a contract to a DBE for a
progressive design-build project in which the DBE completes necessary design activities and
any preconstruction activities to produce a GMP.
Progressive Design-Build: A project delivery process in which both the design and
construction of a project are
procured from a single entity that is selected through a qualification-based selection at the
earliest feasible stage of the project.
Project Criteria: The information that describes the scope of a proposed design-build Project
and includes, but is not limited to: the size, type, and design character of the buildings and site;
the required form, fit, function, operational requirements, and quality of design, materials,
equipment, and workmanship; and, any other information deemed necessary to sufficiently
describe the City’s needs. Project Criteria may include concept drawings, including schematic
drawings or architectural renderings, that are prepared in the detail necessary to sufficiently
describe the City’s needs.
PRECONSTRUCTION PHASE
A. GENERAL
1. The Scope of Services includes, but is not limited to, providing design services,
preconstruction services, project management services, labor, hazardous materials
assessment as required, limited destructive field investigations if needed, coordination,
materials, tools, and equipment as necessary to produce a GMP and to complete the
Preconstruction Phase of the Project.
2. Consultant shall perform all services identified herein, together with any related services
necessary to achieve the standard of care and workmanship required by the terms of
the Agreement.
3. Consultant shall certify that all Design Submissions, construction documents, or other
related project documents are coordinated with all contributing subcontractors and
consultants, whether they are contracted directly with the Consultant or not and must
ensure quality assurance.
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4. Necessary accommodations must be made to ensure the facility’s operations and
activities are minimally impacted during the design and Preconstruction Phase activities.
B. BASIC SERVICES
Consultant agrees to provide all services required by and in accordance with the Scope of
Services, and such related and incidental services which are necessary to meet its obligations.
Such services include those professional services of an architectural, engineering, or land
surveying nature, as well as incidental services that members of these professions and those
in their employ may logically or justifiably perform. Such services shall be performed in phases,
with each succeeding phase begun only upon authorization to proceed given by City.
Consultant shall:
1. Consult, as necessary, or as directed by City, with representatives of City relative to the
development of Guaranteed Maximum Price (GMP), design and construction of the
Project.
2. Consultant shall fully cooperate and coordinate with other consultants to facilitate
performing their respective agreements and shall not commit any act that will interfere
with the performance of the work of any other consultant or City employee. City may
undertake or award other agreements for the design, coordination or construction
management of other work related to the Project.
3. Field check existing conditions as required to complete the work of this Agreement. All
field checks of existing conditions shall be documented by means of a report. The report
must identify the existing conditions found and list recommendations or plans of action.
4. Contract for, at Consultant's expense, Subconsultants/Subcontractors to the extent
deemed necessary for design of the Project including mechanical, electrical, structural,
and civil engineers (licensed as such by the state of California), industrial designers,
and all other Subconsultants/Subcontractors necessary for development of the Project.
The names of said Subconsultants/Subcontractors shall be submitted to City for
approval prior to commencement of work. Personnel provided shall be consistent with
personnel identified in Consultant’s Statement of Qualifications dated April 7, 2025. City
reserves the right to reject the use of any Subconsultant/Subcontractor.
5. Be responsible for the professional quality, technical accuracy and the coordination of
all analyses, reports, studies, surveys, plans, designs, drawings, specifications, and
other deliverables and services provided by the Consultant under this Agreement. The
Consultant shall, without additional compensation, correct or revise any errors or
omissions, and incorporate responses to City review comments in provided deliverables
until the deliverables are accepted by City.
Documents shall be prepared in full compliance with all applicable building codes,
ordinances, and other requirements of regulatory authorities. The documents produced
shall, at a minimum, comply with all applicable California State Building Codes, to
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include, but not be limited to, Title 8 (Industrial Relations), Title 15 (Crime Prevention
and Corrections), Title 17 (Public Health), and Title 24 (Building Standards).
6. Prepare all documents for licenses or permits for facilities under Consultant’s design
that may be required to comply with Federal or State regulatory agencies' laws, codes
and regulations, and City ordinances. City will be responsible for payment of all
applicable licensing or permit fees during the Preconstruction Phase.
7. Use design drawings, specifications or calculations provided by City, when requested by
City to do so. Unless otherwise directed in writing, Consultant shall review for
correctness and completeness such designs and any other design data, drawings,
specifications, and calculations provided by City. Consultant shall correct any errors or
omissions as approved by City and shall be responsible therefore to the same extent as
if such materials had been provided by Consultant under this Agreement. Consultant
may be provided with applicable change orders, proposed change orders, clarifications,
and data from previous projects. Consultant shall incorporate all pertinent material as
approved by City into the new drawings and specifications. If Consultant has provided
design services to City on previous projects and has designs similar to components of
this Project, which are in Consultant's charge, upon approval of City, Consultant shall
modify and reuse those existing designs as much as possible.
8. Provide sufficient design and engineering data to City in the time specified to enable
design compatibility with other consultants, which may be employed on this Project.
9. Consultant, unless otherwise mutually agreed, shall be the main point of contact for
permitting through the applicable approving agencies and authorities having jurisdiction.
C. PROJECT SCHEDULE
1. Consultant will provide a Baseline Project Schedule, representing all tasks necessary to
complete the Project within the Project durations as outlined in the Request for
Qualifications from Design-Build Entities for a Progressive Design-Build for the City of
Dublin Exterior Improvements Project dated April 7, 2025 (Part III. B Preliminary Project
Schedule). The schedule shall include tasks for the Preconstruction Phase and the Final
Design and Construction Phase.
a. The schedule shall utilize the Critical Path Method.
b. The Baseline Project Schedule must include a summary of milestone tasks by all
parties, regulatory and City approvals, reasonable durations for document
review, risk, affecting the Project, phases of construction, significant milestones,
and consultant/contractor selection.
2. Consultant and City agree to establish and define specific milestones and phases for
review and approval throughout the design process to ensure a continuous flow of work
in alignment with the progressive design build process.
3. Consultant shall report proactively on potential schedule impacts and recommend
potential solutions to schedule problems.
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4. The Schedule shall be updated and submitted to the City, no less than monthly.
5. Each schedule shall be submitted in the format and method approved by the City.
6. The Consultant shall utilize Primavera Project Planner for Windows software (P6) by
Primavera Systems, Inc., unless the City’s Representative approves otherwise.
Consultant shall provide request and description of any alternative scheduling program
to City for approval.
7. The Consultant shall review the Project Schedule with the City’s Representative
regularly and notify the City of potential schedule risks in a Risk Matrix developed by
Consultant and approved by City.
8. Consultant shall actively evaluate the schedule and identify schedule efficiencies. When
schedule efficiencies are identified, Consultant shall recommend modifications to the
schedule that would expedite Project completion including Preconstruction Phase.
9. Consultant shall use this schedule to plan and conduct the work and shall submit an
update with each submittal of a fee invoice.
D. COST CONTROL MANAGEMENT
1. As an initial task, the Consultant, shall review the Design-Build Budget and determine if
it is sufficient to plan, design and construct the Project. The Consultant shall submit the
initial budget review within 14 days of the NTP.
a. The Consultant shall prepare a cost estimate and evaluate the estimate against
the Design-Build Budget and recommend, if necessary, the appropriate action to
avoid potential cost overruns.
2. The Consultant shall monitor the budget as compared to the Project scope throughout
the Preconstruction Phase.
3. Consultant shall recommend potential Project savings to the City.
a. Recommendations for proposed savings shall be accompanied by a firm quote
and shall include any applicable additional services required due to the changes,
and any required changes to the schedule.
b. Cost proposals for Project savings shall be as proposed by the Consultant and
approved by the City. Acceptance of a suggested savings will be determined at
the sole discretion of the City.
4. The Consultant shall establish target cost values for the components of the Project in
accordance with Association of the Advancement of Cost Engineering (AACE). Tracking
of those values shall be reported in a format approved by the City.
a. If changes are suggested to the Project scope that may cause Project cost
overruns, Consultant shall notify the City in writing as part of the regular project
meetings.
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5. Consultant shall make estimating information regularly available to the City so that the
City can consider cost wherever possible throughout the planning, development, and
design of the Project.
a. Cost Estimates will be required during preconstruction with detail consistent with
that level of development defined by the AACE Cost Estimate Classification
System. (Class 1 detailed unit cost with detailed take off)
b. The Consultant shall submit cost estimates no less than every four weeks.
6. If the Consultant identifies potential cost overruns, Consultant shall notify the City as
part of regular development and coordination meetings.
E. MEETINGS AND CONFERENCES
1. The meetings and conferences listed should be considered as minimum
recommendations and convey the City’s interest in their content and purpose. The
Consultant should expand and modify as appropriate.
2. During the Preconstruction Phase, the Consultant shall provide an outline for meetings
and conferences, processes and procedures, and how they will be incorporated and
utilized in the Project.
3. Project Kickoff Conference: The objective of this meeting is to introduce the Project
team members, confirm understandings, roles, responsibilities, schedules, emergency
contacts, partnering, neighborhood awareness and outreach, and to review the
procedural requirements of the Project as established by the contract requirements and
the PMP. The Consultant will conduct the Project Kickoff Conference within 14 calendar
days after the Notice to Proceed. It will be attended by the Consultant, the City’s Project
team, including the Construction Project Manager, and others as appropriate. The
Consultant will, with input from the Construction Project Manager, prepare the agenda.
The Consultant will prepare and distribute the meeting minutes no later than three
business days after the meeting is held. The City shall be a participant in all meetings.
4. Design Meetings: The objective of these meetings is to proactively facilitate the
Consultant’s liaison with the City’s Project team and subconsultants for the purposes of
design discussion during schematic design, design development, completion of design
development and construction documents, and to establish a mutually acceptable
review procedure. These meetings shall also serve to review and affirm modifications to
existing building systems and identify design clarifications prior to development of the
construction documents. These meetings are to be held at a mutually agreed upon
location. Consultant shall meet at least weekly with City, City representatives, and
consultants and provide such information as necessary to inform City of the Project
design status and obtain City input and approval regarding design issues. Attendees
shall include appropriate members of the Consultant, City, and others, as appropriate.
Consultant will prepare and distribute the agenda and minutes. Meetings will include an
overview of the Consultant’s look ahead schedule. Meeting minutes to be distributed no
later than three business days after such meeting is held.
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5. Weekly Progress Meetings: The objective of these meetings is to review and monitor
progress, procedures, issues, schedules, and other concerns/issues of the Project.
Attendees shall include appropriate members of the Consultant, City, and others, as
appropriate. City’s Construction Project Manager will prepare and distribute the agenda
and minutes. Meetings will include an overview of the Consultant’s look ahead
schedule.
6. Payment Application Meeting: Each month the Consultant shall attend a payment
meeting with the City’s Representative to agree on the percentage of the work
completed during the current month to establish an amount to be requested in the
Application for Payment.
7. Contractor shall attend meetings for each phase of work as required below and submit
to the City meeting minutes for all Consultant lead meetings in a format acceptable to
the City.
8. Consultant shall set up a preliminary meeting, as applicable, with: the City of Dublin
Building Department, Alameda County Fire Department (ACFD), Dublin San Ramon
Services District (DSRSD), Pacific Gas and Electric (PG&E), AT&T, and Comcast to
review submittal requirements, project scope, proposed schedule, and review the permit
process.
a. The Consultant shall attend pre submittal review meetings with the ACFD in the
Preconstruction Phase and shall present the fire and life safety code analysis
and design approaches to ACFD for preliminary review.
b. The Consultant shall schedule a kickoff meeting with PG&E in the
Preconstruction Phase and shall present the power and gas design approaches
to PG&E for preliminary review.
F. PERIODIC REPORTS
1. The Contractor will cooperate with the City and assist in preparing monthly/periodic
Project reports required by the City, its committees, or community based organizations
as determined by the City.
2. On a monthly basis, the City’s Construction Project Manager shall produce a Monthly
Report that updates the City on the work accomplished during the prior monthly period.
The Consultant shall provide information (e.g., design progress, project cost including
status of estimating and value engineering efforts, schedule updates, project issues that
may impact cost/schedule) as necessary to include in the Monthly Report.
G. ENVIRONMENTAL HAZARD PLAN
1. The Consultant shall develop a plan for communication and coordination with the City to
mitigate and control environmental hazards that may be encountered during the Project.
2. Establish site specific procedures for the responsible management of hazardous
materials and waste involved in the construction of the Project from points of generation
to ultimate disposition.
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3. The plan should include the hazardous materials abatement in the demolition plans.
H. SITE INVESTIGATIONS
1. Consultant shall perform any necessary site investigations, surveys, and studies to
thoroughly verify all known site conditions, identify unknown conditions, and collect
information and data necessary to develop the GMP for the Project.
2. When required for site investigation, Consultant shall locate and protect control points
prior to starting the investigations and preserve permanent reference points throughout
the Project and shall require the engineer or surveyor to replace control points which
become lost or destroyed.
3. Any destructive testing or exploration as required during the Preconstruction Phase will
need to be patched and/or repaired to the original condition unless directed otherwise
by the City. Provide photo documentation of the original condition prior to the
destructive investigation work.
I. DESIGN
1. The Consultant shall meet with the City to review the design process required to meet
the project critical success factors and criteria requirements. Process shall address the
operational needs of the facility, need for stakeholder reviews, phasing, and lead times
required to complete the work within the Project schedule.
2. Validation Period: Prior to start of design, Consultant and City will engage in a validation
period to identify potential project risks and establish early alignment on cost, schedule
and scope. Outcomes include establishing the following:
a. Target Budget
b. Target Scope
c. Target Schedule
d. Deferred Scope not included in Target Scope
3. Consultant shall work with the City to identify all stakeholders and their level of
engagement for design during Preconstruction.
4. The City’s Representative shall support coordination with stakeholders.
5. The Consultant shall provide design services that will best achieve the City’s needs,
function, quality, performance, and to confirm the Design Build Budget and schedule.
6. The Consultant shall hold meetings with the City, City representatives, consultants and
stakeholders as needed to develop a design that is approved by the City.
7. The Consultant shall incorporate approved items and processes from the City of
Dublin’s Department of Public Works as applicable (Exhibit A).
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8. The Consultant shall create a Responsibility Matrix including fixtures, furnishings, and
equipment.
9. The design must reflect the requirements of the City, all stakeholders, and end users.
The City, City Representatives, and consultants will review the design and provide
comments. Consultant shall reconcile or incorporate all City, City Representatives, and
consultants’ comments until accepted by the City.
10.Contractor shall identify any subsequent required environmental permits and
clearances, and prepare permit applications and provide technical information for
securing such permits or clearances. This shall include the development and
implementation of Best Management Practices (BMPs) for dust control, hazardous
material abatement, and sediment control consistent with California Storm Water
Quality Association (CASQA) Best Management Practice Handbook, Storm Water
Pollution Prevention Plan, Storm Water Management Requirements (SWR), and other
authorities as required.
11.Consultant shall provide a copy of agreements with architects, engineers, and
subconsultants/subcontractors to the City.
12.The necessary design services shall be apportioned into the Preconstruction Phase to
support the development of the GMP. The anticipated design submissions are listed in
Paragraph 14.e. Design Submissions. Consultant shall manage the services provided
so that the transition between phases is seamless. The design services may be
provided under either or both contract phases and in many instances will be started in
the Preconstruction Phase and completed in the Final Design and Construction Phase.
13.Provide services to develop plan layouts to reflect the requirements of all stakeholders
and end users. Consultant shall provide architectural, engineering, and consulting
services as required to construct the Project in accordance with all stakeholder
requirements, good practices, applicable building codes, and the Project Criteria.
14.Design Submissions
a. Consultant shall prepare Design Submissions to the level of development
consistent with the AIA guidelines.
b. Consultant shall separately identify in writing at the time of each of its formal
submissions of Design Documents, any portions thereof that by reason of
information contained or omitted constitute deviations from the requirements of
the Project Criteria, design intent or approved deviations previously approved by
City.
c. All Design Submissions shall be submitted in a format and file type approved by
the City.
d. Specifications shall not contain restrictions that will limit competitive
subcontractor bids. Where articles, materials, and equipment are identified by
brand names, at least two brand names shall be specified, and shall be followed
by the words “or equal”. Exceptions shall only be as permitted by California
Public Contract Code section 3400.
e. Design Submissions shall be required to be submitted to the City at:
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i. Design Development (100%)
f. Provide Basis of Design/Systems Confirmation
i. The Consultant shall develop and provide a Systems Confirmation and
Basis of Design Submittal with the City as soon as practical after the
Preconstruction Phase starts. This Submittal will validate the design
direction and identify the final Basis of Design for the City’s review and
approval. The Systems Confirmation and the Basis of Design shall be
complete for all disciplines. These documents shall depict the materials,
equipment, design, layout, and general conditions of each scope of work
in sufficient detail to confirm compliance with the City provided references
including but not limited to the Performance Criteria.
g. Provide Design Documentation
i. Site Plan: Overall site plan including the size and locations of all proposed
elements. Provide plans showing the following site elements:
1. Prepare Code Analysis Plans to show compliance with codes
including CalGreen, accessibility, Alameda County Fire Department
for fire access, fire separation, firefighting, and circulation.
h. All submission of documents shall be subject to review by the City, City
representatives, and consultants.
i. Review meetings between the Consultant and the City to review the
Design Submissions shall be scheduled and held so as not to delay the
Work. Such review shall not relieve the Consultant from its responsibilities
under the Agreement.
ii. Such review shall not be deemed an approval or waiver by the City of any
deviation from, or of the Consultant’s failure to comply with, any provision
or requirement of the Contract Documents, unless such deviation or failure
has been identified as such in writing in the document submitted by the
Consultant and approved in writing by the City.
iii. Consultant must incorporate, clarify, or reconcile all design review
comments provided by the City.
i. Submit quality review check and final drawings to City at all phases of the project
for review. Prior to submittal, documents must have been reviewed by Consultant
for compatibility, professional quality, technical accuracy, coordination, and
continuity in design, as well as construction phasing/sequencing. This applies to
all submittals made to City. Submissions shall be in digital (pdf) format per
current industry standards.
j. All drawings, specifications and calculations submitted to City shall contain a
statement that the document has been reviewed for professional quality,
technical accuracy, completeness and coordination within and between
disciplines and coordination with other City consultants. The statement shall be
signed by the respective licensed person for that discipline. This applies to all
submittals made to City.
J. GUARANTEED MAXIMUM PRICE (GMP)
1. The GMP proposal will include a written statement of its basis which shall include:
a. A list of all the documents used to prepare the GMP proposal.
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b. A list of clarifications and assumptions made by the Consultant in preparation of
the GMP to supplement the information in the Construction Documents.
c. A detailed breakdown of all Project costs included in the GMP in a format and
level of detail approved by the City.
d. Any other information required by the City to define or evaluate the GMP.
e. The GMP shall be organized by trade buy out categories, contingencies, and
other items that comprise the GMP, including but not limited to trade buy-out
packages and CSI masterformat summaries.
f. The date of contract completion which the GMP is based, and a schedule of the
construction documents issuance upon which the completion date is based.
g. Consultant shall provide price breakdown in the level of detail as required for
City’s evaluation of fee items including but not limited to:
i. General Conditions
ii. General Requirements
iii. Design Contingency
iv. Construction Contingency
v. Bonds and Insurance
vi. General Contractor Fee
2. Elements within this Preconstruction Phase scope of services may be modified or
removed by mutual agreement between the Consultant and the City to support the
earliest and most efficient development of the GMP (e.g., 100% Design Development
Submission may be removed if GMP can be developed at an earlier stage of the
design).
3. The GMP must not exceed the Design-Build Budget.
4. City and Consultant will negotiate the final terms of the GMP.
a. The City will review the GMP Proposal and provide comments.
b. The Consultant shall reconcile, incorporate, or respond to all City comments.
c. In the event the City and the Consultant do not agree to a GMP, the City may
solicit proposals to complete the Project from other firms. Any and all criteria,
information, documentation, deliverables, or other product developed as part of
the Preconstruction Phase shall become the sole property of the City and may be
used by the City to complete and close out the Project at no additional costs or
expense to the City.
K. PROJECT CRITERIA DOCUMENTS
1. During the development of the GMP, the Contractor will develop its Design and
Construction Documents using the City provided Project Criteria Documents. The
Consultant shall maintain a log of all changes to the Project Criteria documents and
shall submit and review the log with the City during the weekly meetings.
L. SUBCONTRACTOR PACKAGE BUYOUT PLAN AND RELATED INFORMATION
1. Consultant shall prepare a subcontractor package buyout plan that includes a
description of how they intend to approach subcontractor package buyout to maximize
values and meet City procurement requirements. The plan shall outline the trade
packages, buyout sequence, and anticipated dates of award. The buyout activities shall
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be included in the baseline Project schedule.
M. OUTREACH PROGRAM
Reserved.
N. COMMUNITY WORKFORCE AGREEMENT (“CWA”) POLICY
This project will be subject to the Community Workforce Agreement (“CWA”) policy adopted by
the City of Dublin, which applies to all construction projects of $1 Million or more awarded by
the City Council. If the contract award, including any bid alternates awarded by the Board,
totals $1 Million or more, as a condition of the contract award, the successful bidder must sign
the CWA acknowledgement/certification supplied by the City.
The Consultant and each Consultant member and its subcontractors will be required to
execute the City’s standard Community Workforce Agreement (CWA) adopted by the City of
Dublin City Council. The Consultant entering into a CWA is in lieu of the Consultant providing
an enforceable commitment to the City that it and its subcontractors at every tier will use a
skilled and trained workforce to perform all work on the project as required by Public Contract
Code section 22172(b).
O. OTHER REQUIREMENTS
Deliverables requiring submission and review during the Preconstruction Phase, include, but
are not limited to, the following:
1. Project Schedule
2. Cost Estimates
3. Environmental Permits and Clearances
4. Environmental Hazard Plan
5. Information as necessary to assist City in producing various reports and the PMP
6. Design Documents
7. GMP and Supporting Documents
8. Conformed Project Criteria
9. Subcontractor Buyout Package Plan
10.Other items as applicable
FINAL DESIGN AND CONSTRUCTION PHASE (NOT IN CONTRACT)
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PROJECT CRITERIA DOCUMENTS
1. Project Overview
The City of Dublin intends to perform exterior building upgrades including waterproofing,
roofing, exterior painting, and structural repairs at multiple City facilities. The project will be
executed under a Progressive Design-Build (PDB) delivery method.
2. Project Objectives
- Ensure the long-term integrity and aesthetic of public facilities.
- Maintain operational status of facilities during construction.
- Comply with regulatory, historic preservation, and safety standards.
3. Project Scope Summary
- Civic Center Waterproofing: Replace/storefront glazing, sealants, and apply coatings.
- Roofing: Replacement at multiple buildings including shingle and TPO systems.
- Painting & Repairs: Exterior painting, repairs to wood/stone siding, and compliance with
historical standards.
- Preconstruction Services: Design development, cost control, stakeholder coordination, GMP
development.
4. Key Project Phases
A. Preconstruction Phase
- Validation of schedule, scope, and budget
- Design development and coordination with stakeholders
- Site investigations and permitting
- Monthly cost estimates and progress reports
B. Final Design & Construction Phase
- Completion of construction documents
- Construction based on the Guaranteed Maximum Price (GMP)
5. Progressive Design-Build Criteria
Design-Build Entity (DBE) Qualifications
- Must include licensed professionals for architecture and engineering
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- Experience in occupied facility renovations and historical preservation
- Capable of producing cost-effective designs within budget and schedule
Responsibilities
- Deliver phased design services with City approvals at milestones
- Develop a Baseline Schedule using Primavera (P6)
- Provide monthly updated schedules and risk assessments
- Establish a Responsibility Matrix for FF&E
- Manage design compliance with Title 24, ADA, and all relevant codes
- Hold stakeholder and coordination meetings
- Maintain alignment with Project Criteria and City objectives
6. Performance Standards
- All services to meet professional standards and applicable codes
- Deliverables to be complete, coordinated, and constructible
- Consultant to be solely responsible for the quality and accuracy of work
7. Cost and Budget Control
- Review initial Design-Build Budget
- Provide monthly cost estimates per AACE Class 1
- Recommend value engineering options
- Submit formal GMP proposal with all supporting documentation
8. Project Criteria
The DBE must use the “Project Criteria Documents” (e.g., Civic Center waterproofing
documents, referenced in the agreement) as the baseline for scope and design.
9. Meetings and Reporting
- Kick-off within 14 days of NTP
- Weekly design and progress meetings
- Monthly progress reports covering cost, schedule, and issues
- Support City’s Monthly Report and public communication
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10. Design Submissions
- 100% Design Development
- Systems Confirmation and Basis of Design
- Permit and code compliance documentation
- Reconciliation of all City review comments
11. Legal and Compliance Requirements
- Compliance with California Labor Code (Section 1720 et seq.)
- Registration with the Department of Industrial Relations
- Adherence to prevailing wage and work hour laws
- Environmental hazard control and abatement plan
12. Deliverables
- Baseline Schedule and updates
- Design documents and cost estimates
- GMP proposal and supporting data
- Permitting and code analysis documents
- Final construction-grade documents and QA/QC reviews
13. Documents
The following documents are incorporated by reference:
1. Dublin Civic Center Clock Tower Condition Assessment Report
Prepared by Axix Building Envelope Design, Inc. January 31, 2025
2. Dublin Arts Center Exterior Envelope Repairs
Prepared by Axix Building Envelope Design, Inc. May 15, 2024
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PAYMENT PROVISIONS, PROJECT PERSONNEL AND BILLING RATES
I.PAYMENT PROVISIONS
A. Payments for services will not exceed Payment Limit specified in Section 2 of this Agreement.
In addition, payments will not exceed the following amounts for each phase or period indicated
below unless approved in writing by the City. The City shall authorize the use of allowances
prior to beginning any work associated with the identified allowances:
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Grand total including reimbursables and allowances is $731,320.00
B. Unless otherwise agreed, Consultant shall submit to the City, during the final week of each
payment period, an electronic draft request for payment projected out through the end of the
payment period. The City and Consultant shall meet to review the draft request for payment to
reach consensus on percentage completion. The Design Builder shall revise and resubmit
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request for payment to include agreed upon percentages complete.
C. Neither City’s right to review and comment upon the work of Consultant, nor the review of,
approval of, acceptance of, or payment for the services required under this Agreement, shall
be construed to operate as a waiver of any rights under this Agreement or of any cause of
action arising out of the performance or nonperformance of this Agreement.
D. City’s payment of the Contract Amount includes payment for any expenses Consultant may
incur in performing the services under this agreement, and City will not reimburse Consultant
for expenses it or its subconsultants’/subcontractors’ time and expenses for transportation
between Consultant’s and its subconsultants’/subcontractors’ various offices. Costs for such
transportation are deemed covered by the Contract Amount.
E. If City requires additional services outside of the scope of services, City and Consultant will
develop a scope of services describing the services, and Consultant will charge City at the
rates set forth in Attachment 1 (Billing Rates) to this Appendix B (Payment Provisions).
II. PROJECT PERSONNEL AND BILLING RATES
A. Consultant’s personnel positions assigned to the Project and their billing rates are set forth
below.
POSITION BILLING RATES
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EXHIBIT B
SPECIAL CONDITIONS TO THE CONSULTING SERVICES AGREEMENT
The parties to the Agreement agree that the following special conditions are incorporated into the
terms of this Agreement and are part of this Agreement.
ARTICLE 1: EXTRA SERVICES
A. When authorized by a written Amendment to this Agreement, the following extra services and
fees shall be mutually agreed upon in accordance with the rates specified in the Labor Rate
Schedule, Appendix B, and Article 1.D. below.
1. Revisions to approved design and Working Drawings to accommodate changes,
excluding corrections of errors or omissions by Consultant or changes initiated by
Consultant, when so directed by City.
2. Preparation of measured drawings of existing structures, except as required for
planning the additions or alterations thereto listed in the Scope of Services, Appendix A.
3. Selection of movable furniture, equipment, or other articles which are not otherwise
included in a construction Agreement or required by the Scope of Services listed in
Appendix A.
4. Additional services necessary to correct defects in or damage to the Project, excluding
corrections arising from the errors or omissions of Consultant.
5. No additional compensation shall be allowed for delays caused by the errors and
omissions of the Consultant.
B. If City makes any changes or expansions to the Scope, which results in an increase in the
work currently in Consultant’s charge, any additional fee and/or time shall be negotiated
commensurate with the work required to be performed by Consultant, provided that a cost/time
proposal is submitted in accordance with Article 1.C.
C. For any services Consultant considers additional, Consultant shall submit a written notice to
the City stating that Consultant considers the work to be additional services. This notification
from Consultant must be received within 10 calendar days of receiving verbal or written
direction and must specifically describe the scope of such services. In addition, the Consultant
must submit a cost proposal, in the format designated by City, within 30 calendar days of
receiving verbal or written direction. Failure by Consultant to furnish such written notice and
cost proposal within the timeframes specified herein shall constitute a waiver of Consultant’s
right for additional compensation.
D. In the event Consultant believes that it has been directed to perform extra services and City
believes the work to be within the current Scope of Services, Appendix A, or in the event that
the parties cannot agree upon the appropriate compensation for services which both parties
agree are extra, Consultant agrees to begin, continue and complete any and all outstanding
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work pending resolution of the dispute.
ARTICLE 2: CHANGES AND AMENDMENTS
A. Any change required and performed under the direction of City, within the existing Scope of
Services and without an Amendment, shall be accomplished under the then-current
Agreement price.
B. The rates reflected on the Labor Rate Schedule, Appendix B, which include overhead,
administrative costs and profit, shall remain in effect for one (1) year from the date of this
Agreement. Rates are subject to a negotiated increase thereafter and shall be utilized in
arriving at the negotiated fee for Extra Services. Failure on the part of Consultant to submit a
timely proposal shall result in all work being done at the current rate.
ARTICLE 3: CONSULTANT STAFF
A. In accordance with Section 1.3 of the Agreement, Consultant has been selected to perform the
work herein because of the skills, experience, and expertise of key individuals. Consultant
shall prepare an Organization Chart, identifying key members of its firm and
Subconsultants/Subcontractors including their titles. Personnel provided shall be consistent
with personnel identified in Consultant’s Statement of Qualifications dated April 7, 2025.
B. Consultant shall designate a qualified, experienced senior staff member satisfactory to City as
the Project Manager who shall, so long as the performance of that staff member continues to
be acceptable to City, remain in charge of the services for the Project from beginning of
program development and design through completion of Construction Support Services
provided for in this Agreement.
C. Consultant must furnish the names of all lead or key people in Consultant’s firm that will be
associated with this Project. If the designated Project Manager or any other designated
key/lead person fails to perform to the satisfaction of City, upon written notice, Consultant will
have 10 calendar days to remove that person from the Project and replace that person with
one acceptable to City.
D. A Project Manager and all lead/key personnel for any Subconsultant/Subcontractor must also
be designated by that Subconsultant/Subcontractor and are subject to all conditions previously
stated in Article 5.C.
E. Prior to making any changes in the lead/key personnel associated with this Project, Consultant
shall submit a written request for such change to City. The request shall be made at least 30
calendar days prior to the proposed change and shall outline the reason for the personnel
change and provide Statements of Qualifications of persons, which Consultant proposes for
assignment to that position. No lead/key personnel changes shall be made without prior written
approval of City.
F. When lead/key personnel are unable or unavailable to perform their duties for a period of time
longer than 14 calendar days, prior written approval must be obtained from City for Consultant
staff performing the duties of the person on leave during the leave period.
ARTICLE 4: CONDITIONS OF WORK
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A. Consultant Status and Responsibility
1. Consultant, as an independent consultant and not as an agent of City, shall, without
additional expense to City, be responsible for obtaining any business and professional
licenses and permits and for complying with any applicable Federal or State laws, codes
and regulations, and municipal ordinances, as necessary for the prosecution of
Consultant’s work. Consultant shall be similarly responsible for all damages to persons
or property that occurs as a result of Consultant’s fault or negligence to the extent
caused by Consultant.
2. Without prejudice to Section 5 of the Agreement, Consultant shall be liable for
reasonable expenses incurred by City, including court costs, as the result of
Consultant’s nonperformance, negligent performance, or delay in the performance of
the services required by the terms of this Agreement. In order for Consultant to
complete its services within the time schedule herein, Consultant, without additional
compensation, may be required to increase the number of staff, shifts, overtime
operations, days of work, or any combination of the above.
Consultant shall provide all subconsultants/subcontractors with a copy of this Agreement, which shall
also be made a part of the subconsultant's/subcontractor’s agreement with the Consultant. Further,
the subconsultant’s/subcontractor’s agreement with the Consultant shall require that the
subconsultant/subcontractor is bound to the Consultant in the same manner, and to the same extent,
as the Consultant is bound to the City under the prime contract documents, with respect to the
subconsultant’s/subcontractor’s portion of the work.
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Attachment 3
11
5
General Improvements Five-Year Capital Improvement Program 2024-2029 16
Number – GI0125 CIVIC CENTER EXTERIOR GLAZING, SEALING &
PAINTING Program – GENERAL IMPROVEMENTS
PROJECT DESCRIPTION
This project will provide for design and construction for the sealing of the exterior natural stone veneer, concrete masonry block, reinstallation and replacement of the
glazing in the window systems, and replacement of the caulked joints in the architectural metal panels and stonework at Civic Center. The work on the Dublin Art
Center “DAC” side of Civic Center will be done in conjunction with the DAC improvements. The project will also paint the accent trim colors inside City Hall and the
exterior surfaces of the building that are not stone or architectural panels. Buildings should be sealed approximately every 10 years and caulking replaced every 30 years
to maintain the exterior's appearance and to prevent damage caused by moisture infiltration.
PROJECT TIMELINE: The project is currently in design. Construction will begin in 2024.
ANNUAL OPERATING IMPACT: None.
2024-2029 CAPITAL IMPROVEMENT PROGRAM
ESTIMATED COSTS
PRIOR
YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029
FUTURE
YEARS TOTALS
9100 – Salaries & Benefits $150,000 $150,000
9200 – Contract Services $450,000 $450,000
9400 – Improvements $3,650,000 $3,650,000
TOTAL $4,250,000 $4,250,000
FUNDING SOURCE
PRIOR
YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029
FUTURE
YEARS TOTALS
6205 – Internal Service Fund –
Facilities $4,250,000 $4,250,000
TOTAL $4,250,000 $4,250,000
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CITY OF DUBLIN
COMMUNITY WORKFORCE AGREEMENT
Between
THE CITY OF DUBLIN
and
THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF ALAMEDA COUNTY
AND ITS AFFILIATED LOCAL UNIONS
EFFECTIVE as of December 7, 2021
226
INTRODUCTION/FINDINGS
7th day of December, 2021
of all tiers, who shall become signatory to this Agreement by signing the (Addendum A)
s that have executed this Agreement (referred to collectively
PURPOSE
The purpose of this Agreement is to promote the efficiency of construction operations for the City of Dublin
through the use of skilled labor resulting in quality construction outcomes, to provide for the peaceful settlement of
labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely
and economical completion of the Project(s) hereinafter defined and covered by this Agreement, and to increase
training and employment opportunities in the construction trades through local hire, apprenticeship and pre-
apprenticeship, and community partnership programs for residents of the Local Area hereinafter defined.
RECITALS
projects is of the utmost
importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the performance of construction
work on Projects and will be represented by the Unions who are signatory to this Agreement and employed by the
Contractors and subcontractors who are also signatory to this Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well
as the quality of completed work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be
best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy
strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and
WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages,
hours and working conditions for the workers employed on the Projects and to encourage close cooperation among
the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist
among the parties to the Agreement; and
WHEREAS, the Contractor/Employers and the Union(s) and the City of Dublin wish to ensure labor peace at
the jobsite devoid of any disruption that could jeopardize the schedule and timeliness of the construction process,
where both contractors that are signatory to collective bargaining agreements and contractors that are not signatory to
collective bargaining agreements are supervising employees; and,
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing
local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding
agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this
Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement
shall prevail; and
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WHEREAS, the City places high priority upon the development of comprehensive programs for the
recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local
pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the
construction industry; and
WHEREAS, SB 922, codified as Public Contract Code Section 2500 et seq., authorizes public entities to use,
enter into, or require contractors to enter into, project labor agreements for construction projects, provided the
agreement includes specified taxpayer protection provisions, which requirements have been incorporated into this
Agreement; and
WHEREAS, the contract(s) for construction work on the Projects will be awarded in accordance with the
applicable provisions of the California State Public Contract Code and all state, local and federal laws; and
WHEREAS, the City of Dublin has the absolute right to select the lowest responsive and responsible bidder
for the award of the construction contracts; and
WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually
satisfactory completion of the Projects.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AMONG THE PARTIES HERETO, AS FOLLOWS:
1 DEFINITIONS
1.1
1.2
executed by each and every Contractor/Employer as a condition of working on the Project.
1.3
1.4
of Completion. For purposes of this definition, "Final Acceptance" means that point in time at
which the City has determined upon final inspection that the work has been completed in all
respects and all required contract documents, contract drawings, warranties, certificates, manuals
and data have been submitted and training completed in accordance with the contract documents
and the City has executed a written acceptance of the work.
1.5 (including design-bid, design-build, lease-
leaseback or other contracts under which construction of a Project is done) for construction of any
Project as that term is hereinafter defined.
1.6
partnership or corporation (including a prime contractor, general contractor, construction
manager, design-build entity, lease-leaseback entity, or equivalent), or combination thereof,
including joint ventures, and their successors and assigns, that is an independent business
enterprise and enters into a contract with the City with respect to the construction of any part of
the Project, under contract terms and conditions that are approved by the City, and all contractors
and subcontractors of any tier.
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1.7 at a Contractor/Employer can demonstrate meets the all the following
qualifications: he or she (a) appeared on the Contractor/Employer's active payroll for at least
ninety (90) of the last one hundred and eighty (180) working days prior to award of a
Construction Contract; (b) possesses of all licenses and certifications required by applicable state
and federal law for the work being performed; (c) has the ability to safely perform the basic
functions of the applicable trade as required by law; and(d) has worked at least one thousand
(1,000) hours in the applicable craft or trade.
1.8
1.9 December 7, 2021.
1.10 e City has finally determined that the work
pursuant to a Construction Contract has been completed.
1.11
within a 15-mile radius of City limits (which includes but is not limited to all or portions of the cities
and unincorporated communities of Alamo, Danville, San Ramon, Walnut Creek, Lafayette,
Orinda, and Moraga).
1.12 permanently residing in the Local Area, as demonstrated by
proof of residency that is not a post office box.
1.13
signatory hereto.
1.14
state-approved apprenticeship training program administered by a Joint Apprenticeship Training
Committee for less than two years.
1.15 calendar days following the Effective Date. However,
should the City issue any bid documents, requests for proposals, or other equivalent solicitations
for a project(s) that satisfies the definition in Section 1.17 between the Effective Date and the
Operative Date, this Agreement and all of its provisions shall apply to said project(s).
1.16
the end of the Term.
1.17
the cumulative bid amount(s) submitted by the contractor(s) awarded Construction Contracts for
the Project, meets or exceeds one million dollars ($1,000,000). All Construction Contracts
required to complete an integrated Project shall be considered in determining whether this
threshold is met. The City and the Council may mutually agree in writing to add additional projects
or components to be covered by this Agreement.
projects as defined in this section, whether used in the singular or plural herein. Projects shall not
be divided or split into separate contracts for the purpose of evading coverage under this
Agreement.
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1.18
Projects and the implementation of this Agreement.
1.19 as Master Agreement.
1.20 o employees and exempted by the
pursuant to California Business and Professions Code section 7125.
1.21 Operative
as those phrases are defined in Section 18.2.
1.22 ounty and
its affiliated Unions signatory to this Agreement, acting on their own behalf and on behalf of their
respective affiliates and member organizations whose names are subscribed hereto and who
have through their officers executed this Agreement..
1.23 rved in the United States military, naval, or air service, and who
was discharged or released therefrom under conditions other than dishonorable, which is the
same meaning set out in 38 U.S.C. § 101(2).
2 SCOPE OF AGREEMENT
2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers performing
Construction Contracts on the Project (including subcontractors at any tier), and their successors
and assigns, the City, the Council, and the Unions.
2.2 Applicability: During the Operative Term, this Agreement governs all Construction Contracts
awarded on a Project as defined. This Agreement shall no longer apply after Completion, except
when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list
work under a Construction Contract, when a Contractor performs work under a change order for a
Construction Contract, and when start-up, calibration, commissioning, performance testing, repair,
maintenance, and operational revisions to systems and/or subsystems for the Project are
performed pursuant to a Construction Contract.
2.3 Covered Work: This Agreement covers, without limitation, site preparation, surveying,
construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or
repair of buildings, structures and other works, and related activities for the Project, that is within
the craft jurisdiction of one of the Unions and that is directly or indirectly part of a Project,
including, without limitation to the following examples, geotechnical and exploratory drilling, soils
and materials testing and inspection, temporary and permanent HVAC, landscaping and
temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps,
pump stations, start up, installation of modular furniture, and final clean up. On-site work includes
work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project,
and at any on-site or off-site batch plant constructed to supply materials to the Project.
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2.3.1 This Agreement covers all on-site fabrication work over which the City,
Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work
done for the Project in any temporary yard or area established for the Project). This
Agreement also covers any off-site work, including fabrication for the Project defined
herein, that is traditionally performed by the Unions and is directly or indirectly part of the
Project, provided such work is covered by a Master Agreement or local addenda to a
national agreement of the applicable Union(s).
2.3.2 The furnishing of supplies, equipment or materials that are stockpiled for later use shall
in no case be considered subcontracting. However, construction trucking work, such as
the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar
material that is directly incorporated into the construction process, as well as the off-
hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation material, construction
debris and excess fill, material and/or mud, shall be covered by the terms and conditions
of this Agreement. Contractor(s)/Employer(s), including brokers, of persons providing
construction trucking work shall provide certified payroll records to the City within ten
(10) days of written request or as required by the bid specifications.
2.3.3 The on-site installation or application of all items shall be performed by the craft having
jurisdiction over such work as set forth under the provisions of this Agreement; provided,
however, that the installation of specialty items which may be furnished by the
Contractor shall be performed by construction persons employed under this Agreement
who may be directed by other personnel in a supervisory role; further, provided,
however, in circumstances requiring special knowledge of the particular item(s), work
may be performed by construction persons of a manufacturer or vendor where
rer or vendor can
demonstrate, by an enumeration of specific tasks, that the work cannot be performed by
construction persons employed under this Agreement.
2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be
performed under the terms of various National Agreements as follows: the National
Agreement of Elevator Constructors, the National Transient Lodge (NTL) Articles of
Agreement, the National Stack/Chimney Agreement, the National Cooling Tower
Agreement, and any instrument calibration work and loop checking shall be performed
under the terms of the UA/IBEW Joint National Agreement for Instrument and Control
Systems Technicians, with the exception that Articles 4, 13, and 14 of this Agreement
shall apply to such work.
2.4 Exclusions: The following shall be excluded from the scope of this Agreement.
2.4.1 Construction Contracts awarded by entities other than the City.
2.4.2 The current or anticipated operation, maintenance, repair, access to or use of any of the
es, except in those circumstances where the Project satisfies the
requirements set forth in Section 1.17 .
2.4.3 W
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2.4.4 non-construction craft employees such as executives, managerial
employees, engineering employees, design employees, supervisors above the level of
general foreman (unless covered by a Master Agreement), and office, clerical, and
administrative personnel that are not performing construction work on the project.
2.4.5 Any non-Project work performed on, near or leading to the site of work covered by this
Agreement that is undertaken by state, county, or other governmental bodies or their
contractors; or by public or private utilities or their contractors. Work performed by public
or private utilities including all electrical utility, voice-data-video, and security installation
work ahead of and up to the electrical service entry connection or the main point of entry
into the building shall be excluded. All electrical utility, voice-data-video, and security
installation work performed after the electrical utility service entrance or the main point of
entry shall be Covered Work. Additionally, all contracted work performed ahead of the
service entrance connection and main point of entry that is inside the property line and
provides for access to the building via a conduit or series of conduits shall be Covered
Work.
2.4.6 Off-site maintenance of leased equipment and on-site supervision of such work.
2.4.7 Construction Contracts issued during a Locally Declared Emergency, pursuant to Dublin
Municipal Code Chapter 2.44, which are associated with emergency response and
recovery activities and are subject to FEMA Procurement and Contracting Requirements.
2.4.8 Construction Contracts substantially funded by any federal, state, local or other public
agency that prohibits the application of this Agreement; however, with respect to such
work, the City agrees to make a reasonable effort to defend the application of this
Agreement, including by making a written request to the funding source. Notwithstanding
the foregoing, should only a specific provision of the Agreement be prohibited by the
funding source, then, upon mutual agreement by the Council, the City shall modify the
requirements of this Agreement accordingly to allow this Agreement to remain in place
and to advance the purposes of this Agreement to the maximum extent feasible.
2.5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified
bidder for the award of Construction Contracts under this Agreement, pursuant to Public Contract
Code Section 2500 et. seq. The bidder need only be willing, ready, and able to execute the
Agreement to be Bound. This Agreement shall be included in all bid documents, requests for
proposals, or other equivalent Project solicitations, which shall indicate that entering into this
Agreement is a condition of the award of a Construction Contract(s) for the Project. A copy of all
invitations to bid shall be provided to the Council at the time of issuance. In the event that a
Construction Contract extends beyond the Operative Term or any Extended Term, the terms of
this Agreement incorporated therein shall survive until Completion, notwithstanding anything to the
contrary in this Agreement.
2.6 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its
sole option, may change, terminate, delay and/or suspend any and all portions of the covered
work at any time; however, if such a Construction Contract or portion of a Construction Contract is
later reauthorized, this Agreement shall apply. Furthermore, the City may prohibit some or all
work on certain days or during certain hours of the day to comply with applicable codes, laws or
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mitigate the effect of the ong
neighborhood of the Project sites; and/or require such other operational or schedule changes that
may be deemed necessary, in its sole judgment, to effectively maintain the primary purpose of the
C
Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the
City will provide the affected Contractor and Union(s) with reasonable notice of any changes it
requires pursuant to this section.
3 EFFECT OF AGREEMENT
3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each
and all of the provisions of the Agreement.
3.2 By accepting the award of work under a Construction Contract for the Project, whether as a
Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each
and every provision of this Agreement and agree to evidence their acceptance prior to the
commencement of work by executing the Agreement to be Bound in the form attached hereto
as Addendum A.
3.3 At the time that any Contractor/Employer enters into a subcontract with any
subcontractor providing for the performance of work under a Construction Contract, the
Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall
require the subcontractor, as a condition of accepting the award of a construction subcontract, to
agree in writing, by executing the Agreement to be Bound, to be bound by each and every
provision of this Agreement prior to the commencement of work. The obligations of a Contractor
may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to
be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project.
3.4 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall
apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area
and/or national agreements which may conflict with or differ from the terms of this Agreement. To
the extent a provision of this Agreement conflicts with a Schedule A, the provision of this Agreement
shall prevail. Where a provision of a Schedule A does not conflict with this Agreement, the provision
of the Schedule A shall apply.
3.5 This Agreement shall only be binding on the signatory parties hereto, and their successors and
assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such
party. Each Contractor shall alone be liable and responsible for its own individual acts and
conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by
law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s)
with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations
and duties between the Union(s) and other Contractor(s) party to this Agreement.
3.6 The Contractor(s) has the primary obligation for performance of all conditions of this Agreement.
This obligation cannot be relieved, evaded or diminished by subcontracting. Should the
Contractor(s) elect to subcontract, the Contractor(s) shall continue to have such primary
obligation.
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3.7 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall
be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the
rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to
this Agreement.
3.8 The Unions agree that this agreement does not have the effect of creating any joint employment
status between or among the City and/or any contractor or subcontractor.
4 WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS
4.1 The Council, the Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement
agree that for the duration of the Project:
4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or
otherwise advising the public that a labor dispute exists, refusal to work, walk-off, sit
down, stand-in, wobble, boycott, or slowdowns of any kind, for any reason, by the
Unions or employees employed on the Project, at the job site of the Project or any other
facility of the City because of a dispute on the Project. Disputes arising between the
Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the
terms of the Agreement or this Article, except that the Unions or construction persons
employed on the Projects may not participate in any strikes, sympathy strikes, work
stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a
labor dispute exists at a Project jobsite because of a dispute between Unions and
Contractor(s) on any other project.
4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on
the Project.
4.1.3 As indicated in Section 4.1.1, there shall be no strike, sympathy strike, picketing,
handbilling or otherwise advising the public that a labor dispute exists, refusal to work,
walk-off, sit-down, stand-in, wobble, boycott, or slowdowns of any kind as a result of the
expiration of any local, regional or other applicable labor agreement having application at
the Projects and/or failure of the parties to that agreement to reach a new contract. If a
Master Agreement expires before the Contractor/Employer completes the performance
of work under a Construction Contract and the Union or Contractor/Employer gives
notice of a demand for a new or modified Master Agreement, the Union agrees that it will
not strike or withhold labor from the Contractor(s) on work covered by this Agreement
and the Union and the Contractor/Employer agree that the expired Master Agreement
will continue in full force and effect for work covered under this Agreement until a new or
modified Master Agreement is reached. If the Union(s) and Contractor(s) agree to an
interim agreement that will apply until a new Master Agreement is reached, the
employees shall work under the terms of the interim agreement until a new or modified
Master Agreement is reached between the Union(s) and Contractors(s). If the new or
modified Master Agreement provides that any terms of the Master Agreement shall be
retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the
new or modified Master Agreement that are applicable to any employee(s) on the Project
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during the interim, with retroactive payment due within seven (7) calendar days of the
effective date of the new or modified Master Agreement.
4.1.4 In consideration of the foregoing, the Contractor(s) shall not incite, encourage, or
participate in any lockout or cause to be locked out any employee covered under the
termination or layoff of employees by the Contractor(s) for any reasons in the exercise of
for any
reason.
4.1.5 In the case of nonpayment of wages or trust fund contributions on the Project, the Union
shall give the City and the Contractor/Employer
nonpayment of trust fund contributions has occurred, and one (1
when nonpayment of wages has occurred or when paychecks being tendered to a
financial institution normally recognized to honor such paychecks will not honor such
paycheck, of the intent to withhold labor from the Contractor/Employer
subcontractor's workforce, during which time the Contractor/Employer may correct the
default. In this instance, a Union's withholding of labor (but not picketing) from a
Contractor/Employer who has failed to pay its fringe benefit contributions or failed to
meet its weekly payroll shall not be considered a violation of this Article.
4.1.6 Notification: If the City or any Contractor contends that any Union has violated this
Article, it will so notify, in writing, the Senior Executive of the Council and the Senior
Executive of the Union, setting forth the facts alleged to violate the Article, prior to
instituting the expedited arbitration procedure set forth below. The Council will
immediately use its best efforts to cause the cessation of any violation of this Article. The
leadership of the Union will immediately inform the workers of their obligations under this
Article.
4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to
initiating any other action at law or equity, when a breach of this Article is alleged to have
occurred.
4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or
Barry Winograd, as the alternate arbitrator, under this procedure. In the event the
permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither
is available, the parties shall select the arbitrator from the list in Section 13.4. Notice to
the arbitrator shall be by the most expeditious means available, with notice by email and
telephone to the City, the involved Contractor, and the party alleged to be in violation,
and to the Council and involved local Union if a Union is alleged to be in violation.
4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above,
or the alternate if the permanent arbitrator is not available, who will attempt to convene a
hearing within twenty-four (24) hours if it is contended that the violation still exists.
4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the
hearing. Said hearing shall be completed in one session, which, with appropriate
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recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless
otherwise agreed upon by all parties. A failure of any party to attend said hearings shall
not delay the hearing of evidence or the issuance of an award by the arbitrator.
4.2.4 The sole issue at the hearing shall be whether or not a violation of Section 4.1 of the
Agreement has occurred. The arbitrator shall have no authority to consider any matter of
justification, explanation or mitigation of such violation or to award damages, which issue
is reserved for court proceedings, if any. The award shall be issued in writing within three
(3) hours after the close of the hearing, and may be issued without a written opinion. If
any party desires a written opinion, one shall be issued within fifteen (15) calendar days,
but the parties shall not delay compliance with or enforcement of the award due to the
issuance of a written opinion. The arbitrator may order cessation of the violation of this
mail upon issuance.
4.2.5 Liquidated Damages: If the Arbitrator determines that a violation of Section 4.1 has
occurred, the breaching party shall, within eight (8) hours of the issuance of the decision
take all steps necessary to immediately cease such activities and return to work. If the
breaching party involved does not cease such activities by the beginning of the next
regularly scheduled shift following the expiration of the eight (8) hour period after the
thousand dollars ($10,000) as liquidated damages to the City per shift until the breach is
remedied. The arbitrator shall retail jurisdiction for the sole purpose of determining
compliance with this obligation and determining the amount of liquidated damages, if
any; but such retention shall not prevent the moving party from seeking judicial
enforcement of the initial decision.
4.2.6
filing of this Agreement and all other relevant documents referred to above in the
following manner. The party filing such enforcement proceedings shall give written notice
to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's
award as issued under this Article, all parties waive the right to a hearing and agree that
such proceeding may be ex parte. However, such agreement does not waive any party's
right to seek or participate in a hearing for a final order of enforcement. Any court order
enforcing the arbitrator's award shall be served on all parties by hand or delivered by
certified mail.
4.2.7 Any rights created by statute or law governing arbitration proceedings inconsistent with
the above procedure, or which interfere with compliance with the above procedure, are
waived by the parties.
4.2.8 The fees and expenses of the arbitrator shall be divided equally between the party
instituting the arbitration proceedings provided in this Article and the party alleged to be
in breach of its obligation under this Article.
4.2.9 Should either the permanent or the alternate arbitrator identified above no longer work
as a labor arbitrator, the City and the Council shall mutually agree to a replacement.
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5 PRE-JOB CONFERENCES
5.1 Timing: The Project Manager shall convene and conduct, at a physical or virtual location and
time agreeable to the Council, a pre-job conference with the Unions and the representatives of all
involved Contractors/Employers, who shall be prepared to announce craft assignments and
discuss in detail the scope of work and the other issues set forth below, at least ten (10) working
days prior to the commencement of any Project work, or the commencement of any Project work
under a subsequently awarded Construction Contract.
5.2 The pre-job conference shall be attended by a representative of each participating Contractor and
each affected Union, and the Council and City or their designee may attend at their discretion.
5.3 The pre-job conference shall include but not be limited to the following subjects:
5.3.1
5.3.2 The craft assignments;
5.3.3 The estimated number of craft workers required to perform the work
5.3.4 Transportation arrangements;
5.3.5 The estimated start and completion dates of the work; and
5.3.6 Discussion of pre-fabricated materials.
5.4 Joint Administrative Committee: In order to ensure the terms of this Agreement are being fulfilled
and concerns pertaining to the operation of this Agreement are addressed, the City and the
Council shall establish a Joint Administrative Committee comprised of an equal number of
representatives from the City and the Council. The Joint Administrative Committee shall meet on
a periodic basis during the term of construction, at least annually, to assess the implementation of
this Agreement, review the progress of Projects, and facilitate harmonious relations between the
parties. Both the City and the Council shall have the right to call a meeting of the Joint
Administrative Committee.
6 NO DISCRIMINATION
6.1 The Contractors and the Unions agree to not engage in any form of discrimination on the ground
or because of race, color, creed, national origin, ancestry, age, sex, sexual orientation, gender
identity, disability or any other basis made illegal by federal, state, and local law against any
person, or applicant for employment on the Projects.
7 UNION REPRESENTATION
7.1 The Contractor(s)/Employer(s) recognize the Unions as the sole bargaining representative of all
craft employees performing Covered Work under this Agreement, and all such employees must
be represented by a Union for the duration of their employment on the Project.
7.2 The Contractor(s)/Employer(s) shall make and transmit all deductions for Union dues, fees, and
assessments that have been authorized by employees in writing in accordance with the
applicable Master Agreement. This Agreement does not require any employee of a non-Union
contractor to join a Union or to pay dues or fees to a Union as a condition of working on the
Project; however, nothing in this Article is intended to supersede the independent requirements of
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the applicable Master Agreements as to Contractors/Employers signatory to such Master
Agreements and as to employees of those Contractors/Employers who are performing Covered
Work.
7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered
by this Agreement is being, has been, or will be performed on the Project.
8 REFERRAL AND CORE WORKERS
8.1 Contractor(s)/Employer(s) performing construction work on the Project shall, in filling craft job
requirements, utilize and be bound by the registration facilities and referral systems established or
authorized by the Unions signatory hereto. The Unions shall operate the Job Referral System in a
non-discriminatory manner and in full compliance with all federal, state, and local laws and
regulations, including those that require equal employment opportunities and prohibit
discrimination
8.2 The Contractor(s)/Employer(s), including those that are not signatory to a Master Agreement,
shall have the right to reject any applicant referred by the Union(s), to the extent permitted under
the terms of the applicable Master Agreement.
8.3 Sole Operators. A Sole Operator self-performing work on a covered Project shall execute an
Agreement to be Bound, attend the pre-job conference and identify themselves as a Sole
Operator, but shall not be required to request dispatch from the union hall with jurisdiction over
covered Project, the Sole Operator will be treated as a Core Worker and any subsequent
employee(s) will be dispatched from the hiring hall. Before hiring an employee(s) on the Project,
the Sole Operator must request permission from the JAC through the Coordinator and provide
evidence of compliance with CLSB and Workers Compensation requirements..
8.4 Core Workers
8.4.1 A Contractor may request by name, and the local Union shall honor, referral of Core
Workers. The Union will first refer to such Contractor one (1) worker from the applicable
hi
procedure shall repeat until such Contractor/Employer has hired a maximum of five (5)
Core Workers. Thereafter, all additional employees shall be hired exclusively from the
applicable hiring hall out-of-
shall be maintained and when the Contractor's workforce is reduced, employees shall be
reduced in reverse order and in the same ratio of Core Workers to hiring hall referrals as
was applied in the initial hiring. This Section applies only to employers not signatory to a
Master Agreement and is not intended to limit the transfer provisions of the Master
Agreement of any trade. As part of this process, and in order to facilitate contract
administration procedures and the appropriate fringe benefit fund coverage, all
Contractors shall require their Core Workers to register with the appropriate Union hiring
hall and be dispatched to the Project prior to starting work.
8.4.2 Upon request by any Party to this Agreement, including the applicable Union, the
Contractor employing any Core Worker shall provide satisfactory proof (i.e., payroll
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qualification as a Core Worker to the City and the Council.
8.4.3 Prior to each Contractor performing any Covered Work on a Project, such Contractor or
subcontractor shall provide a list of its Core Workers to the City and the Council. Failure
of such a Contractor to do so will result in that Contractor being prohibited from using
any Core Workers on that Construction Contract.
8.5 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors
above the level of general foreman they consider necessary and desirable, without such persons
being referred by the Union(s), unless such craft construction employee is covered by a Master
Agreement.
8.6 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a
Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and
Holidays excluded) after such requisition is made by the Contractor/Employer, the
Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer
who hires any worker(s) pursuant to this section shall immediately provide the appropriate Union
with the name and address of such worker(s) and shall immediately direct such worker(s) to the
appropriate Union hiring hall to be referred for work on the Project.
9 WAGES AND BENEFITS
9.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other
deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit
funds established by the applicable Master Agreement(s) for each hour worked on the Project, in
the amounts designated in the applicable Master Agreement(s).
9.2 By signing this Agreement, the Contractors/Employers adopt and agree to be
bound by the written terms of the legally established Trust Agreements described in Section 9.1,
which may from time to time be amended, specifying the detailed basis upon which payments are
to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize
the parties to such local Trust Agreements to appoint trustees and successor trustees to
administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were
appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate
subscription agreement(s) when such Trust Fund(s) requires such document(s).
9.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and
conditions of employment on the Project shall be governed by the Master Agreement of the
respective craft, to the extent such Master Agreement is not inconsistent with this Agreement.
Where a subject is covered by the Master Agreement and not covered by this Agreement, the
Master Agreement will prevail. When a subject is covered by both the Master Agreement and this
Agreement, to the extent there is any inconsistency, this Agreement will prevail.
9.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.
9.5 Work on Fire Sprinkler Systems: All inspections on a Fire Sprinkler System shall be performed by
an ASSE 15000 certified Sprinkler Fitter who is registered with the Office of the California State Fire
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Marshall. All testing and/or maintenance performed on any Fire Sprinkler System shall be
performed by an individual who has graduated from a state-approved apprenticeship program. All
apprentices working on fire protection systems shall be registered with a state-approved
apprenticeship program.
10 LOCAL HIRE, APPRENTICES, AND WORKFORCE DEVELOPMENT
10.1 Local Hire: It is in the interest of the parties to this Agreement to facilitate employment of Local
Area residents and to use resources in the Local Area in construction of the Project. It is the
objective of the parties that not less than twenty percent (20%) of all hours worked on the Project
will be worked by residents of the Local Area. The Unions will exert their utmost efforts to recruit
sufficient numbers of craft persons that are Local Residents to fulfill the referral requirements of the
Contractor(s)/Employer(s). To the greatest extent allowed by law, and to the greatest extent
and qualifications, the Unions shall refer Local Residents, including journeymen and apprentices,
for Project work covered by this Agreement.
10.2 Apprenticeship and Workforce Development:
10.2.1 Recognizing the need to develop adequate numbers of competent workers in the
construction industry, including on public works projects, the Contractors/Employers shall
employ apprentices from a California state-approved Joint Apprenticeship Training
Program in their respective crafts to perform such work as is within their capabilities and
that is customarily performed by the craft in which they are indentured. Notwithstanding
the foregoing, Contractor may employ an apprentice that is enrolled in a California state-
approved apprenticeship program other than a Joint Apprenticeship Training Program
provided that (i) the apprentice is a Local Resident, (ii) the Contractor previously requested
a Local Resident apprentice from the applicable Joint Apprenticeship Training Committee
and one was not provided, and (iii) the apprentice counts toward the maximum number of
Core Workers allowed to the Contractor on the Project under Section 8.4.1.
10.2.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code
and the applicable state prevailing wage determination.
10.2.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of
apprentices in performing the work of their craft provided they are properly indentured and
supervised.
10.2.4 Consistent with the requirements of California Labor Code §§ 1776, 1777.5 and 1777.6,
Contractor(s)/Employer(s) shall hire one (1) New Apprentice for the first one million
Thereafter, Contractor(s)
will be required to hire one (1) New Apprentice for every five million dollars ($5,000,000)
The New Apprentice(s) must work a minimum of
to the fullest extent permissible by state law and the Master Agreements.
10.2.5 The Contractor may deploy the apprentice to work on another concurrent project in order
to meet the minimum hours, and those hours will be counted towards the total hours of the
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craft on the City of Dublin project. Certified Payroll must reflect the hours worked. The
Contractor must fully document efforts to hire a New Apprentice, through the following
steps: 1) requesting New Apprentices through the Union dispatch procedure, 2) contacting
a minimum of three (3) MC3-certified or Union pre-apprenticeship training programs for
the applicable craft or trade for referral of Local Residents.
10.2.6 There can be no more than one (1) entry-level New Apprentice for each craft, provided
said crafts have apprenticeship openings and the general contractor will be able to include
New Apprentices hired by their subcontractor to meet this requirement. The Unions will
agree to cooperate with the Contractor(s) in furnishing apprentices as requested and the
hiring of the apprentices will be in accordance with the Apprenticeship provisions listed in
the Master Agreements and/or the Union agreements with the Division of Apprenticeship
Standards, and the apprentices shall be properly supervised and paid in accordance with
provisions contained within the Master Agreements. The Unions and
Contractor(s)/Employer(s) shall cooperate with local pre-apprenticeship programs to
ensure Local Residents have the opportunity to apply for and enter into the apprenticeship
programs.
10.2.7 Failure of Contractors and their subcontractors to maintain qualified apprentices on the job
will be subject to corrective action and, if not corrected, monetary penalties, as determined
by the Grievance Committee as identified in Article 13.
10.2.8 Enforcement, Compliance & Reporting: Contractors will be required to submit Certified
Weekly Payrolls to the City along with monthly workforce utilization reports documenting
Article 10. At a
minimum the monthly reports must include 1) data on Local Residents work hour utilization
on a craft by craft basis, 2) number of New Apprentices hired and the hours they have
worked, 3) documentation showing any requests made to the Union dispatchers for Local
according to the Grievance and Arbitration procedure outlined in Article 13.
10.3 Community Workforce Partnerships. The parties recognize the need to build within the Tri-Valley
goals of providing career opportunities and of developing adequate numbers of competent workers
in the construction industry. In furtherance of these goals, the parties agree to work together in good
faith, and in partnership with the Construction Trades Workforce Initiative (CTWI), and in
conjunction with other interested Tri-Valley community-based organizations, to identify and develop
an initiative or multiple initiatives to connect residents of the Tri-Valley Region with careers in the
Building and Construction Trades, with a particular focus on providing opportunities to
disadvantaged individuals.
10.4 Helmets to Hardhats.
10.4.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the
building and construction trades of veterans who are interested in careers in the building
and construction industry. The Contractors/Employers and Unions agree to utilize the
services of the Center for Military Recruitment, Assessment and Veterans Employment
resource for preliminary orientation, assessment of construction aptitude, referral to
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apprenticeship programs or hiring halls, counseling and mentoring, support network,
employment opportunities and other needs as identified by the parties.
10.4.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate
in an integrated database of veterans interested in working on the Project and of
apprenticeship and employment opportunities for the Project. To the extent permitted by
law, the Unions will give credit to such veterans for bona fide, provable past experience.
11 COMPLIANCE
11.1 It shall be the responsibility of the Contractor(s)/Employer(s) and Unions, and not the City, to
investigate and monitor compliance with the provisions of Article 9 of this Agreement. Nothing
in this Agreement shall be construed to interfere with or supersede the usual and customary
legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent
wages or Trust Fund contributions from Contractors/Employers on the Project. Because the
Project is a public work subject to the California Labor Code, the City or its designee shall comply
with its obligations thereunder as well as this Agreement.
12 JOINT ADMINISTRATIVE COMMITTEE
12.1
shall be comprised of two (2) representatives selected by the City and two (2) representatives
selected by the Council. The City and the Council shall designate alternates who may serve in
the absence of the designated representatives for any purpose. The JAC shall meet quarterly,
or at the request of any Party to the Agreement, including Contractor(s)/Employer(s), to review
the implementation of the Agreement, review progress of the Projects, and resolve concerns or
issues relating to the administration of the Agreement; however, the JAC may not change,
amend, add to or detract from any of the provisions of the Agreement. The Project Manager
shall convene and facilitate the quarterly meetings and any other meetings as requested.
12.2 The City and Council representatives shall report on Project progress and provide ongoing
workforce projections to facilitate efficient construction and compliance with the Local Hire goal.
12.3 The JAC shall convene in an effort to resolve any grievance filed pursuant to Article 13 by
unanimous vote, with such resolutions to be final and binding on all signatories to the
Agreement. The failure of any party to attend said hearing shall not delay the hearing or issuance
of an award by the JAC, and in the absence of any party to the grievance, the hearing may
proceed ex parte. If the JAC is unable to resolve the grievance, the grievance may be referred
in accordance with Step 3 of Article 13.
13 GRIEVANCE ARBITRATION PROCEDURE
13.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master
Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant
to the resolution procedures of the Master Agreement. All disputes relating to the interpretation
or application of this Agreement, other than disputes under Article 4 and Article 14, shall be
subject to resolution by the grievance arbitration procedures set forth in this Article.
13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee
working on the Project shall be resolved through the grievance and arbitration provisions
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contained in the Master Agreement for the craft of the affected employee. No employee working
on the Project shall be disciplined or discharged without just cause.
13.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own
behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own
behalf) provides notice in writing to the party with whom it has a dispute within five (5) business
days after becoming aware of the dispute but in no event more than thirty (30) business days
after it reasonably should have become aware of the event giving rise to the dispute. Time limits
may be extended by mutual agreement of the parties.
13.4 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the
representative of the involved Union or District Council, or his/her designee, and the
representative of the involved Contractor/Employer, shall confer and attempt to resolve
the grievance.
Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1
meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged
grievance may be referred in writing by either involved party to the Business
Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the
ntative, for
discussion and resolution. This time limit may be extended by mutual consent of both
parties. Regardless of which party has initiated the grievance, the Union shall notify its
International Union representative prior to the Step 2 meeting, and the International
Union representative shall advise if it intends to participate in the Step 2 meeting. The
Project Manager and the Council shall have the right to participate in any efforts to
resolve the dispute at Step 2.
Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be
submitted to arbitration within five (5) business days of the Step 2 meeting or the
conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended
by mutual consent of both parties. Within five (5) business days after referral of a
dispute to arbitration, the representatives shall notify the permanent arbitrator
designated in Article 4, or if not available, the alternate arbitrator designated in Article
4, for final and binding arbitration. If the permanent arbitrator or the alternate is not
available, an arbitrator shall be selected by the alternate striking method from the list
of three (3) below. The order of striking names from the list of arbitrators shall be
determined by a coin toss, the winner of which shall decide whether they wish to strike
first or second.
1. William Riker
2. Carol Vendrillo
3. Morris Davis
13.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have
no authority to change, amend, add to or detract from any of the provisions of the Agreement.
The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange
for a hearing on the earliest available date from the date of his/her selection. A decision shall
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be given to the parties within five (5) calendar days after completion of the hearing unless such
time is extended by mutual agreement. A written opinion may be requested by a party from the
presiding arbitrator.
13.6 The time limits specified at any step of the grievance procedure may be extended by mutual
agreement of the parties. However, failure to process a grievance, or failure to respond in writing
within the time limits provided above, without an agreed upon extension of time, shall be deemed
a waiver of such grievance without prejudice, or without precedent to the processing and/or
resolution of like or similar grievances or disputes.
13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this
grievance procedure, the parties agree that such settlements shall not be precedent setting.
13.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement,
the Union(s) may request that the City withhold and retain an amount from what is due and
owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor,
sufficient to cover the damages alleged in the grievance, should the Union(s) prevail. The
amount shall be retained by the City until such time as the underlying grievance giving rise to
the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid
to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so
order.
13.9 Should any of the arbitrators listed in this Article or Article 4 no longer work as a labor arbitrator,
the City and the Council shall mutually agree to a replacement.
14 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
14.1 The assignment of Covered Work will be solely the responsibility of the
Contractor(s)/Employer(s) performing the work involved; and such work assignments will be in
accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction
14.2 All jurisdictional disputes on this Project between or among the building and construction trades
Unions and the Contractor(s)/Employer(s) shall be settled and adjusted according to the present
Plan established by the Building and Construction Trades Department or any other plan or
method of procedure that may be adopted in the future by the Building and Construction Trades
Department. Decisions rendered shall be final, binding and conclusive on the
Contractor(s)/Employer(s) and Unions parties to this Agreement.
14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional
Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures
specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo,
the offices of the California State Building and Construction Trades Council in Sacramento,
California within fourteen (14) calendar days of the selection of the arbitrator. All other
procedures shall be as specified in the Plan.
14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage,
or slow-
is resolved. Individual employees violating this section shall be subject to immediate discharge.
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14.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work.
The City and the Project Manager will be advised in advance of all such conferences and may
participate if they wish. Pre-job conferences for different Employers may be held together.
15 MANAGEMENT RIGHTS
15.1 Consistent with the Master Agreements, the Contractor(s)/Employer(s) shall retain full and
exclusive authority for the management of their operations, including the right to direct their work
force in their sole discretion. No rules, customs or practices shall be permitted or observed which
limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful
manning provisions in the Master Agreement shall be recognized.
16 DRUG AND ALCOHOL TESTING
16.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or
firearms at any time during the work day is prohibited. In addition, the use and/or sale of tobacco or
vaping products on City property is prohibited.
16.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention
policies set forth in the applicable Schedule A.
17 SAVINGS CLAUSE
17.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or
void as being in contravention of any applicable law, by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect. The parties further agree that if
any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void,
by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place
and stead, an article, provision, clause, sentence or word that will meet the objections to its validity
and will be in accordance with its original intent.
17.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this
Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null
and void.
17.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or
accordingly determines that compliance with this Agreement will not be required in order to perform
work under a Construction Contract, the Unions will no longer be bound by the provisions of Article
4.
18 TERM
18.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent
Project solicitations, which shall indicate that entering into this Agreement is a condition of the award
of a Construction Contract(s) for the Project.
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18.2 The Operative Term shall be a period of five (5) years. Prior to the five (5) year anniversary of the
Operative Date of this Agreement, the City and the Council shall meet to discuss proposed changes
to the Agreement and/or whether to extend the agreement for an additional period or periods of
19 MISCELLANEOUS PROVISIONS
19.1 The section headings contained in this Agreement are inserted for convenience only and shall not
affect in any way the meaning or interpretation of this Agreement. All defined terms used in this
Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context
and/or particular facts may require.
19.2 This Agreement may be executed in counterparts, such that original signatures may appear on
separate pages and when bound together all necessary signatures shall constitute an original.
Faxed or emailed PDF signature pages transmitted to other parties to this Agreement shall be
deemed the equivalent of original signatures. The Parties agree that the Agreement may be
executed using electronic signatures so long as they are valid and enforceable under California law.
19.3 Each of the persons signing this Agreement represents and warrants that such person has been
duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties
signing this Agreement warrants and represents that such party is legally authorized and entitled to
enter into this Agreement.
19.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to
have this Agreement reviewed by their respective legal counsel, and that the terms and conditions
of this Agreement are not to be construed against any party on the basis of such party's
draftsmanship thereof.
19.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in
each instance as the context and/or particular facts may require.
[SIGNATURES TO FOLLOW]
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CITY: COUNCIL:
CITY OF DUBLIN, a California Municipal Building and Construction Trades Council of
Corporation Alameda County , AFL-CIO
By: ______________________________ By: ___________________________________
Linda Smith, City Manager Andreas Cluver, Secretary-Treasurer
Date: ______________________________ Date: ___________________________________
Attest:
By: ______________________________
Marsha Moore, City Clerk
Approved as to Form:
By: ______________________________
John Bakker, City Attorney
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SIGNATORY UNIONS
Asbestos Workers, Local 16
_____________________________________
Boilermakers, Local 549
______________________________________
Bricklayers and Allied Craftworkers, Local 3
_____________________________________
Northern California Carpenters Regional Council (on
behalf of Carpenters, Local 713, Carpenters, Local
2236, Lathers, Local 68L, Millwrights, Local 102, and
Pile Drivers, Local 34)
______________________________________
Cement Masons, Local 300
_____________________________________
Plasterers, Local 66
______________________________________
Electrical Workers, Local 595
_____________________________________
Elevator Constructors, Local 8
______________________________________
International Union of Painters and Allied Trades,
District Council No. 16 (on behalf of Auto & Marine
Painters, Local 1176, Carpet & Linoleum Layers, Local
12, Glaziers, Architectural Metal & Glassworkers,
Local 169, Painters & Tapers, Local 3)
_____________________________________
Ironworkers, Local 378
______________________________________
Laborers, Local 67
_____________________________________
Laborers, Local 304
______________________________________
Operating Engineers, Local 3
_____________________________________
Roofers and Waterproofers, Local 81
______________________________________
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Sheet Metal Workers, Local 104
______________________________________
Sprinkler Fitters, Local 483
______________________________________
Teamsters, Local 853
_____________________________________
United Association of Steamfitters, Pipefitters, Plumbers
and Gasfitters, Local 342
______________________________________
United Association, Underground Utility & Landscape,
Local 355
_____________________________________
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ADDENDUM A
AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: Community Workforce Agreement for the City of Dublin
Agreement to be Bound
Dear ________________:
The undersigned confirms that it agrees to be a party to and bound by the Community Workforce Agreement for the
City of , as such Agreement may, from time to time, be amended by the parties or interpreted
pursuant to its terms.
By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written
terms of the legally established trust fund documents as set forth in Section 9.1 of the Agreement, as they may from
time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits
made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The
undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s)
require(s) such document(s).
The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement
undertaken by the undersigned, and the undersigned shall require all of its subcontractors, of whatever tier, to become
similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.
This Agreement to Be Bound shall survive the end of the Term of the Agreement, as specified in Section 2.5 of the
Agreement.
This letter shall constitute a subscription agreement, to the extent of the terms of the letter.
CONTRACTOR/SUBCONTRACTOR:____________________________________________
California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________
Name of Authorized Person (print): ________________________________________________
Signature of Authorized Person: ___________________________________________________
Title of Authorized Person: ______________________________________________________
Telephone Number of Authorized Person:___________________________________________
Address of Authorized Person:____________________________________________________
State Public Works Registration Number: __________________________________________
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ADDENDUM B
SIDE LETTER REGARDING AMADOR VALLEY INDUSTRIES
Pursuant to this Side Letter, the Community Workforce Agreement does not apply to off-hauling of construction
debris contained in a debris box by the City of Dublin , Amador Valley Industries, LCC,
provided that such hauling is performed by a member of Teamsters Local 70. Any other off-hauling is covered by the
Community Workforce Agreement if covered under Section 2.3.2. therein.
This Side Letter shall not apply to any other franchisee of the City.
150439\1221412
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