HomeMy WebLinkAbout5.10 Dougherty Hills Open Space Slide and Trail Repair Proj FEMA Proj 716372 -Dublin Blvd Slide Repair-Between Inspiration Drive and Silvergate Drive Proj FEMA Proj 733037 CIP No. GI0221–Approval Plans Specs
STAFF REPORT
CITY COUNCIL
Page 1 of 5
Agenda Item 5.10
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Dougherty Hills Open Space Slide and Trail Repair Project (FEMA Project
No. 716372) and Dublin Boulevard Slide Repair-Between Inspiration Drive
and Silvergate Drive Project (FEMA Project No. 733037), CIP No. GI0221
– Approval of Plans and Specifications and Award of Contracts to Granite
Construction Company and Approval of a Budget Change
Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving the plans and specifications and awarding
construction contracts to Granite Construction Company for the Dougherty Hills Open Space
Slide and Trail Repair Project and the Dublin Boulevard Slide Repair-Between Inspiration Drive
and Silvergate Drive Project. The projects will repair damage caused by the storms in winter
2022-2023. The City Council will also consider approving a budget change to increase the
project funding.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to
Granite Construction Company for the Dougherty Hills Open Space Slide and Trail Repair
Project, CIP No. GI0221, FEMA Project No. 716372; adopt the Resolution Approving the
Plans and Specifications and Awarding a Contract to Granite Construction Company for the
Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project, CIP No.
GI0221, FEMA Project No. 733034; and approve the budget change.
FINANCIAL IMPACT:
The bid submitted by Granite Construction Company for the Dougherty Hills Open Space Slide
and Trail Repair Project is $965,078. Staff recommends a construction contingency of $96,500
(about 10%) to facilitate change orders for unforeseen construction issues, bringing the total
potential construction cost to $1,061,578.
The bid submitted by Granite Construction Company for the Dublin Boulevard Slide Repair-
Between Inspiration Drive and Silvergate Drive Project is $587,620. Staff recommends a
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construction contingency of $58,800 (about 10%) to facilitate change orders for unforeseen
construction issues, bringing the total potential construction cost to $646,420.
These two projects, along with five other storm damage repair projects, are a part of the
Resiliency and Disaster Preparedness Improvements Capital Improvement Program (CIP)
project, CIP No. GI0221. The total budget for CIP No. GI0221 is $2,754,189. To date, one
other project (Mape Memorial Park Pathway Relocation Project) has completed the design
phase, and the City Council awarded a construction contract on May 6, 2025 in the amount of
$147,777. Additionally, the preliminary engineering and design phase of four other projects has
begun and task orders for professional engineering services have been issued in the total
amount of $925,000.
With the previously awarded construction and the in-process preliminary engineering and
design work, there is a funding need of approximately $660,000 to award construction
contracts for the Dougherty Hills Open Space Slide and Trail Repair Project and the Dublin
Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project. Staff
recommends a budget change of $660,000 from the General Fund to increase the budget of
CIP No. GI0221. Current project funding, encumbrances, and funding need are summarized in
the table below.
Preliminary
Engineering,
Design,
Environmental
Permitting
Construction,
Inspection, Community
Workforce Agreement
Administration (if
applicable)
Total
Dougherty Hills Open
Space Slide & Trail
Repair
Proposed to be
Awarded
for Construction
$193,700 $1,200,000 $1,393,700
Dublin Boulevard Slide
Repair
Proposed to be
Awarded
for Construction
$70,800 $708,300 $779,100
Mape Memorial Park
Pathway Relocation
In Construction
$60,000 $206,000 $266,000
Four other projects
In Design Phase $925,000 N/A $925,000
Staff and Miscellaneous
Costs $50,000
Total Estimated
Expenditures
$3,413,800
Total Project Funding
Through FY 2025-26
(General Fund)
$2,754,189
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Current Funding Shortfall $659,611
Current Proposed
Budget Increase
(Rounded)
$660,000
As the remaining four storm damage repair projects progress from design to the construction
phase additional budget increases will be needed to fund construction and complete the
projects.
Staff applied for grant funding through the Federal Emergency Management Agency (FEMA)
and the California Office of Emergency Services (CalOES) for the Dougherty Hills Open Space
Slide and Trail Repair Project and the Dublin Boulevard Slide Repair -Between Inspiration Drive
and Silvergate Drive Project. Staff is working with FEMA and CalOES, and will submit costs to
the organizations, who will determine which project expenditures are eligible for
reimbursement, which could be up to 75% of the costs.
DESCRIPTION:
The 2024-2029 Capital Improvement Program (CIP) includes the Resiliency and Disaster
Preparedness Improvements Project, CIP No. GI0221 . The Resiliency and Disaster
Preparedness Improvements Project provides for the planning, design, environmental
permitting, and construction of repairs at various sites throughout the City that were damaged
in the series of rainfall events in December 2022 and January 2023, which were declared a
major disaster for the State of California by the President on January 14, 2023.
During the rainfall events, a number of shallow landslides occurred, including in these two
locations: one slide occurred at the Dougherty Hills Open Space at the Crossridge Road
trailhead; and six small slides occurred along Dublin Boulevard between Inspiration Drive and
Silvergate Drive. Both sites experienced damage to the adjacent t rails with sediment and
debris flowing into the public street rights-of-way. During and immediately following the
landslides, City maintenance contractors were deployed to remove the debris and secure the
sites to prevent further debris from impacting the trails and roadways.
The sites have been temporarily stabilized through the last two rainy seasons while Staff and
the design consultants prepared designs and environmental documents, and coordinated with
FEMA. The project repairs consist of trail reconstruction, grading, slide debris removal, and
drainage improvements. Upon receiving the authorization to proceed to construction from
FEMA, Staff solicited public bids for the construction of both projects.
Bid Process and Results
The City of Dublin issued bid packages for the Dougherty Hills Open Space Slide and Trail
Repair Project (Site #1) and the Dublin Boulevard Slide Repair-Between Inspiration Drive and
Silvergate Drive Project (Site #2) on April 15, 2025. The bid packages consisted of 35 bid
items for Site #1 and 17 bid items for Site #2. Five sealed bids were received for Site #1 and
three sealed bids were received for Site #2, and all bids were publicly opened on May 15,
2025. The five bids for Site #1 ranged from $965,078 to $1,997,255, with the lowest bid
submitted by Granite Construction Company. The three bids for Site #2 ranged from $587,620
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to $658,195, with the lowest bid submitted by Granite Construction Company. Summaries of
the bids are provided as Attachments 4 and 8.
Staff reviewed the bid results, checked references and necessary licenses, and recommends
that the City Council award a construction contract to Granite Construction Company for the
Dougherty Hills Open Space Slide and Trail Repair Project (Site #1) as the lowest responsive
and responsible bidder. Staff also recommends that the City Council award a construction
contract to Granite Construction Company for the Dublin Boulevard Slide Repair-Between
Inspiration Drive and Silvergate Drive Project (Site #2) as the lowest responsive and
responsible bidder.
To facilitate the approval of contract change orders and avoid construction delays, it is
requested that the City Manager be authorized to approve change orders up to the
contingency amount of $96,500 for Site #1 and $58,800 for Site #2. The resolutions will
authorize this change as it relates to the project s. If the construction contracts are awarded to
Granite Construction Company, Staff anticipates work to begin in July and be completed in the
fall before the next rainy season.
Community Workforce Agreement
On January 11, 2022, the City Council approved a Community Workforce Agreement (CWA)
with the Building and Construction Trades Council of Alameda County and its Affiliated Local
Unions. The CWA is applicable to public works projects valued at over $1,000,000, ensures
that there are no labor issues related to said projects, and bolsters local efforts to connect
residents with careers in the building and construction trades. The CWA includes a Local Hire
Goal where 20% of all hours on a project are worked by Local Residents, which are defined as
individuals that reside within Alameda County or within a 15-mile radius of City limits. The
CWA also requires contractors to hire one new apprentice for the first $1,000,00 0 of
construction costs, and an additional new apprentice for every $5,000,000 construction costs,
based on the engineer’s estimate. Apprentices must work a minimum of 10% of the total craft’s
work hours, but the CWA allows that apprentices may be deployed to another project to ensure
the minimum number of hours are met.
Staff worked with a consultant, Workforce Integrity and Training Solutions, to prepare bid
documents and solicit bids for the Dougherty Hills Open Space Slide and Trail Repair Project
(Site #1) that comply with the provisions of the CWA. The provisions include the requirement
that responsive bidders include an executed Agreement to be Bound to and by the CWA, and
that all subcontractors of the successful bidder also execute the Agreement to be Bound within
14 days after Notice of Award.
California Environmental Quality Act (CEQA)
The projects are exempt under Section 15301, Class 1 Repair or Minor Alteration of Existing
Public Facilities, Section 15302, Class 2 Replacement or Reconstruction of Existing Facilities,
and Section 15304, Class 4 Minor Alterations which do not involve the removal of trees . A
Notice of Exemption was filed with the Office of the Alameda County Clerk on March 10, 2025.
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STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and a copy of this report was provided to Granite
Construction Company.
ATTACHMENTS:
1) Resolution Approving the Plans and Specifications and Awarding a Contract to Granite
Construction Company for the Dougherty Hills Open Space Slide and Trail Repair Project,
CIP No. GI0221, FEMA Project No. 716372
2) Exhibit A to Resolution – Agreement with Granite Construction Company for the
Dougherty Hills Open Space Slide and Trail Repair Project, CIP No. GI0221, FEMA
Project No. 716372
3) Exhibit B to Resolution – Dougherty Hills Open Space Slide and Trail Repair Project
Plans : https://www.dublinplanroom.com/projects/1888/plans/dougherty-hills-open-space-
slide-trail-repair/?preview=22469; and Specifications:
https://www.dublinplanroom.com/projects/1888/specs/dougherty-hills-open-space-slide-
trail-repair/?preview=22470
4) Dougherty Hills Open Space Slide and Trail Repair Project Bid Results
5) Resolution Approving the Plans and Specifications and Awarding a Contract to Granite
Construction Company for the Dublin Boulevard Slide Repair-Between Inspiration Drive
and Silvergate Drive Project, CIP No. GI0221, FEMA Project No. 733034
6) Exhibit A to Resolution – Agreement with Granite Construction Company for the Dublin
Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project, CIP No.
GI0221, FEMA Project No. 733034
7) Exhibit B to Resolution – Dublin Boulevard Slide Repair-Between Inspiration Drive and
Silvergate Drive Project Plans:
https://www.dublinplanroom.com/projects/1889/plans/dublin-blvd-slide-repair-between-
inspiration-drive-silvergate-drive/?preview=22472; and Specifications:
https://www.dublinplanroom.com/projects/1889/specs/dublin-blvd-slide-repair-between-
inspiration-drive-silvergate-drive/?preview=22473
8) Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project Bid
Results
9) CIP No. GI0221
10) Budget Change Form
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Attachment 1
Reso. No. XX-25, Item X.X, Adopted 06/17/2025 Page 1 of 2
RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO
GRANITE CONSTRUCTION COMPANY FOR THE DOUGHERTY HILLS OPEN SPACE
SLIDE AND TRAIL REPAIR PROJECT, CIP NO. GI0221, FEMA PROJECT NO. 716372
WHEREAS, the design team has completed the plans and specifications for the Dougherty
Hills Open Space Slide and Trail Repair Pro ject, CIP No. GI0221, FEMA Project No. 716372,
which consists of trail reconstruction, grading, slide debris removal, water bar replacements,
modifications to trail signage, and drainage improvements; and
WHEREAS, the City of Dublin did, on May 15, 2025, publicly open, examine, and declare
all sealed bids for doing the work described in the approved plans and specifications for the
Project, which plans and specifications are hereby expressly referred to for a description of said
work and for all particulars relative to the procee dings under the request for bids; and
WHEREAS, said bids were submitted to Staff, and Granite Construction Company was
determined to be the lowest responsive and responsible bidder for doing said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the Plans and Specifications for the Project, attached hereto as Exhibit B.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award
the Contract for the Project to the lowest, responsive, and responsible bidder, Granite Construction
Company, at a bid of nine-hundred sixty-five thousand seventy-eight dollars and zero cents
($965,078.00), the particulars of which bids are on file at the Office of the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager, or designee, to approve project contract change orders based on the
appropriated funds designated for the Project up to the contingency amount of ninety-six thousand
five-hundred dollars and zero cents ($96,500.00).
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
approve the agreement with Granite Construction Company, 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 following page}
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Reso. No. XX-25, Item X.X, Adopted 06/17/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CITY OF DUBLIN
City Hall, 100 Civic Plaza
Dublin, California 94568
CONSTRUCTION AGREEMENT
The City of Dublin, (“City”) enters into this agreement, dated for reference purposes only, with
Granite Construction Company (“Contractor”).
RECITALS
A.NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 2:00 p.m., May 15,
2025 for the Dougherty Hills Open Space Slide and Trail Repair Project by published notice and/or posting
pursuant to California Public Contract Code Section 20164 and other applicable law.
B.BID OPENING. On May 15, 2025, City representatives opened the bids for the Dougherty Hills
Open Space Slide and Trail Repair Project and read the bids aloud.
C.PROJECT AWARD. On June 17, 2025, the City Council awarded the Dougherty Hills Open Space
Slide and Trail Repair Project to the Contractor and directed City staff to send the Contractor written
notice of award of the project. The City Council conditioned award of the project on the Contractor’s
providing executed copies of all documents specified in the contract check list included in the bid package
within fifteen (15) calendar days of receiving written notice of award of the project.
D.REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all documents
specified in the contract check list included in the bid package within fifteen (15) calendar days of
receiving written notice of award.
AGREEMENT TERMS
The City and the Contractor agree as follows:
1.THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities,
material labor, and skill necessary to perform and complete in a good and workmanlike
manner the (Title of Project) (“Work”) as shown in the Technical Specifications and
Project Plans in accordance with the Contract Documents and applicable law.
2.LOCATION OF WORK. The Work will be performed at the following location:
Dougherty Hills Open Space at the Crossridge Road trailhead in Dublin, California.
3.TIME FOR COMPLETION. The Contractor must complete the Work in accordance with
the Contract Documents within seventy-five (75) working days from the date
specified in the City’s Notice to Proceed (“Time for Completion”).
4.REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails
to fully perform the Work in accordance with the Contract Documents by the Time for
Completion, as such time may be amended by change order or other modification to this
agreement in accordance with its terms, and/or if the Contractor fails, by the Time for
Completion, to fully perform all of the Contractor’s obligations under this agreement that
Attachment 2
Exhibit A to the Resolution
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have accrued by the Time for Completion, the Contractor will become liable to the City
for all resulting loss and damage in accordance with the Contract Documents and
applicable law. The City’s remedies for the Contractor’s failure to perform include, but
are not limited to, assessment of liquidated damages of $4,200 per day pursuant to
California Government Code Section 53069.85 and section SC-03 of the Special
Conditions, and/or obtaining or providing for substitute performance in accordance with
the Contract Documents.
5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of
completion of the Work in accordance with the Contract Documents and in consideration
of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the
City will pay the Contractor in lawful money of the United States the total price of
$965,078.00 (the “Contract Price”) as specified in the Contractor’s completed Bid
Schedule dated May 15, 2025, and attached to and incorporated in this agreement.
Payment to the Contractor under this agreement will be for Work actually performed in
accordance with the Contract Documents and will be made in accordance with the
requirements of the Contract Documents and applicable law. The City will have no
obligation to pay the Contractor any amount in excess of the Contract Price unless this
agreement is first modified in accordance with its terms. The City’s obligation to pay the
Contractor under this agreement is subject to and may be offset by charges that may
apply to the Contractor under this agreement. Such charges include but are not limited
to, charges for liquidated damages and/or substitute performance in accordance with the
Contract Documents.
6. PREVAILING WAGES. Pursuant to California Labor Code Section 1771, not less than
the general prevailing rate of per diem wages for work of a similar character in the locality
in which the Work is to be performed, and not less than the general prevailing rate of per
diem wages for holiday and overtime work fixed as provided in the California Labor Code
must be paid to all workers engaged in performing the Work. Pursuant to California Labor
Code Section 1770 and following, the Director of Industrial Relations has determined the
general prevailing wage per diem rates for the locality in which the Work is to be
performed. Pursuant to California Labor Code Section 1773, the City has obtained the
general prevailing rate of per diem wages and the general rate for holiday and ove rtime
work in the locality in which the Work is to be performed for each craft, classification or
type of worker needed to perform the project. Pursuant to California Labor Code Section
1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works
Department and will be made available on request. Throughout the performance of the
Work the Contractor must comply with all provisions of the Contract Documents and all
applicable laws and regulations that apply to wages earned in performance of the Work.
The Contractor is subject to prevailing wage rate compliance monitoring and enforcement
by the California Department of Industrial Relations.
The contractor or subcontractor(s) 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 this chapter,
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 unregiste red
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 California Labor C ode
Section 1725.5 at the time the contract is awarded.
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7. THE CONTRACT DOCUMENTS. This agreement consists of the following documents
(“Contract Documents” The Contract documents consist of the Plans as signed by the
City Engineer and issued for the project, and the entire set of Specifications incorporating
Sections P, IB, GC, SC, TP, including the appendices, all addendums and change orders
issued.), all of which are incorporated into and made a part of this agreement as if set
forth in full. See section GC-16 general for document precedence in the event there is a
conflict that arises from section GC-16 “Document Precedence”, shall be per the following
provisions. Written numbers and notes on a drawing govern over graphics, a detail
drawing governs over a general drawing, a detail specification governs over a general
specification, and a specification in a section governs over a specification referenced by
that section. In the event of a conflict between or among the Contract Documents,
precedence will be in the following order:
7.1 This agreement and change orders and other amendments to this agreement
signed by authorized representatives of the City and the Contractor.
7.2 The Technical Provisions and change orders and other amendments to the
Special Conditions signed by authorized representatives of the City and the
Contractor.
7.3 The Special Provisions, including the Geotechnical Report, addenda to the
General Conditions signed by authorized representatives of the City and issued
prior to bid opening, Equal Product Proposals accepted by the City and signed by
authorized City representatives prior to bid opening, and change orders and other
amendments to the Technical Specifications signed by authorized
representatives of the City and the Contractor.
7.4 The Project Plans, addenda to the Project Plans signed by authorized
representatives of the City and issued prior to bid opening, Equal Product
Proposals accepted by the City and signed by authorized City representatives
prior to bid opening, and change orders and other amendments to the Project
Plans signed by authorized representatives of the City and the Contractor.
7.5 The General Provisions
7.6 The Project Specifications.
7.7 The Revised Standard Specifications.
7.8 The Standard Specifications.
7.9 The City’s standard plans.
7.10 Revised Caltrans standard plans.
7.11 Caltrans standard plans.
7.12 Notice Inviting Bids.
7.13 Instructions to Bidders.
7.14 Community Workforce Agreement (CWA)
7.15 The successful bidder’s completed Proposal Form and Bidder’s Sheet.
7.16 The successful bidder’s completed Contractor License Information.
7.17 The successful bidder’s completed List of Proposed Subcontractors.
7.18 The successful bidder’s Insurance Certifications.
7.19 The successful bidder’s completed Non-collusion Affidavit.
7.20 The successful bidder’s Debarment Certification.
7.21 The successful bidder’s completed Certificates of Insurance and Endorsements.
7.22 The successful bidder’s executed Performance Bond.
7.23 The successful bidder’s executed Payment Bond.
7.24 Executed Escrow for Deposit Agreement, if applicable.
7.25 Change Order Form.
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7.26 The Maintenance Bond form included in the bid package that the Contractor
must execute prior to release of final payment under the Contract.
7.27 The successful bidder’s Qualification Statement, if any.
7.28 The successful bidder’s signed Signature Form.
8. AMENDMENTS. This Agreement may be amended from time to time as necessary by
formal and written amendment executed by the City Manager or his designee and
principal acting on behalf of the Contractor.
9. PROVISIONS INCORPORATED BY REFERENCE. Provisions or parts of provisions
that are incorporated by reference and not set forth at length in any of the Contract
Documents will only form a part of this Agreement to the extent the Contract Documents
expressly make such provisions or parts of provisions a part of this Agreement. For
example, published public works agreement provisions, such as those of the State of
California Department of Transportation Standard Specifications (known as the State
Standard Specifications) are only a part of this Agreement to the extent expressly
incorporated in this Agreement by section number, and references in the State Standard
Specifications incorporated by reference to other Standard Specifications do not make
such other Standard Specifications a part of this Agreement. When such published
provisions are made a part of this Agreement, references in the published provisions to
other entities, such as the State, the Agency, or similar references, will be deemed
references to the City as the context of this Agreement may require.
10. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent
or meaning of any provision of the Contract Documents, including, but not limited to, the
Technical Specifications or Project Plans, must be submitted to the Public Works
Department, for issuance of an interpretation and/or decision by an authorized Public
Works Department representative in accordance with the requirements of the Contract
Documents. Interpretations or decisions by any other person concerning the Contract
Documents will not be binding on the City. The decision of an authorized Public Works
Department representative shall be final.
11. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this
agreement, or any moneys due or to become under this agreement, or any other right or
interest of the Contractor under this agreement, or delegate any obligation or duty of the
Contractor under this agreement without the prior written approval of an official authorized
to bind the City and an authorized representative of Contractor’s surety or sureties. Any
such purported assignment or delegation without such written approval on behalf of the
City and the Contractor’s sureties will be void and a material breach of this agreement
subject to all available remedies under this agreement and at law and equity.
12. CERTIFICATION OF CONTRACTOR’S LICENSE. By signing this Agreement the
Contractor certifies that the Contractor holds a valid Type “_____” license issued by the
California State Contractors Licensing Board, and that the Contractor understands that
failure to maintain its license in good standing throughout the performance of the Work
may result in discipline and/or other penalties pursuant to the California Business and
Professions Code, and may constitute a material breach of this agreement subject to all
available remedies under this agreement and at law and equity.
13. SEVERABILITY. If any term or provision or portion of a term or provision of this
Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then
467
the remaining terms and provisions or portions of terms or provisions will not be affected
thereby and will remain in full force and effect.
14. INSURANCE. Contractor Agrees to have and maintain the insurance coverages and
polices set forth in Exhibit A to this Agreement, “Insurance Requirements”, which is
incorporated by this reference. All policies, endorsements, certificates, and/or binders
shall be subject to approval by the City as to form and content. These requirements are
subject to amendment or waiver only if so approved in writing by the City. A lapse in any
required insurance coverage during this agreement shall constitute a material breach of
this Agreement. The cost of such insurance shall be included in the Contractor’s bid.
a. Contractor agrees to maintain in force at all times during the performance of the
Scope of Work under this Agreement, workers’ compensation insurance as required
by law.
b. Contractor agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor’s work.
Subcontractors hired by the Contractor agree to be bound to Contractor and City in
the same manner and to the same extent as Contractor is bound to City under this
Agreement and any other applicable contract documents. Subcontractors further
agree to include these same provisions with any sub-subcontractor. A copy of the
Indemnity and Insurance provisions in this Agreement will be furnished to the
subcontractor upon request. The General Contractor shall require all subcontractors
to provide a valid certificate of insurance and the required endorsements included in
the Agreement prior to commencement of any work and will provide proof of
compliance to the City.
c. The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California.
d. Contractor agrees that if it does not keep the aforesaid insurance in full force and
effect, City may terminate this Agreement.
e. At all times during the term of this Agreement, Contractor shall maintain on file with
the City a certificate or certificates of the required insurance as set forth in the Exhibit
A Insurance Requirements showing that the required insurance policies are in effect
in the required amounts.
f. It is requirement under this Agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to the additional insured. Furthermore, the requirements for
coverage for coverage and limits shall be (1) the minimum coverage and limits of
coverage and the limits specified in this Agreement; or (2) the broader coverage and
maximum limits of coverage of an insurance policy or proceeds available to the
named Insured; whichever is greater.
15. INDEMNIFICATION. To the fullest extent permitted by law Contractor agrees to defend
(with legal counsel selected by the City), including the cost to defend, indemnify and hold
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harmless the City, its elected and appointed officials, officers, attorneys, agents,
employees, consultants, and volunteers, and each of them from and against any and all
claims, damages, losses and expenses, including attorney’s fees, and from any and all
suits, actions or claims filed or brought by and all person or persons arising out of the
performance of the work described herein, caused in whole or in part by any negligent
act or omission of the Contractor, any subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, except
where caused by the active negligence, sole negligence, or willful misconduct of the City.
a. General. This obligation to indemnify and defend City as set forth herein is binding on
the successors, assigns, or heirs of Contractor and shall survive the termination of
this Agreement or this section. By execution of this Agreement, Contractor
acknowledges and agrees that it has read and understands the provisions hereof and
that this section is a material element of consideration. The parties agree that if any
part of this Indemnification is found to conflict with applicable laws, such part shall be
unenforceable only insofar as it conflicts with said laws, and that this indemnification
shall be judicially interpreted and rewritten to provide the broadest possible
indemnification legally allowed and shall be legally binding upon Contractor.
b. Survival. Contractor and any subcontractor’s responsibility for such defense and
indemnity obligations shall survive the termination or completion of this Agreement
for the full period of time allowed by law.
c. No Limitation by Insurance Obligations. The defense and indemnification obligations
of this Agreement are undertaken in addition to, and shall not in any way be limited
by, the insurance obligations contained in this Agreement
d. Scope. This section shall in no event be construed to require indemnification by
Contractor to a greater extent than permitted under the public policy of the State of
California. The Contractor will take all responsibility for the Work, and will bear all
losses and damages directly or indirectly resulting to the Contractor, any
subcontractors engaged in performance of the Work, the City, its officials, officers,
employees, agents, and volunteers, and to third parties on account of the
performance or character of the Work, unforeseen difficulties, accidents, or
occurrences of other causes predicated on active or passive negligence of the
Contractor or of any subcontractor engaged in performance of the Work. The
Contractor assumes all liability for any accident or accidents resulting to any person
or property as a result of inadequate protective devices for the prevention of accidents
in connection with the performance of the Work. The Contractor will indemnify,
defend, and hold harmless the City and its officials, officers, employees, and,
volunteers from such liability. The Contractor will indemnify, defend and hold
harmless the City, the City’s officials, officers, employees and volunteers for all liability
on account of any patent rights, copyrights, trade names or other intellectual property
rights that may apply to the Contractor’s performance of the Work. The Contractor
will pay all royalties or other charges as a result of intellectual property rights that may
apply to methods, types of construction, processes, materials, or equipment used in
the performance of the Work, and will furnish written assurance satisfactory to the
City that any such charges have been paid.
16. BONDING REQUIREMENT. The Contractor agrees to post a Faithful Performance Bond
and payment bond for Labor and Materials, or other guarantees, in the required amounts
469
upon bond forms provided by the City, guarantying the performance of the terms of this
Agreement.
17. MAINTENANCE AND GUARANTY. The Contractor shall promptly repair, replace,
restore, or rebuild, as the CITY may determine, any finished product in which defects of
materials or workmanship may appear or to which damage may occur because of such
defects, during a one (1) year period after the date of the City Council‘s acceptance of
the project.
This Article does not in any way limit the guaranty on any items for which a longer
guaranty is specified or on any items which a manufacturer give a guaranty for a longer
period, nor does it limit the other remedies of the City in respect to a latent defe ct, fraud
or implied warranties. Contractor shall furnish the City all appropriate guaranties or
warranty certificates upon completion of the project.
18. MAINTENANCE BOND. The Contractor further agrees to post a maintenance bond in
the amount equal to at least 10 percent (10%) of the total value of the entire work prior to
CITY's acceptance of the project. The maintenance bond shall remain in effect for a
period of one (1) year after the City Council’s acceptance of the work to guarantee the
repair and/or replacement of the defective materials provided and/or workmanship
performed under this contract.
19. NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contracts Code section 9201,
the City Shall provide the Contractor with notice of Claims relating to this Contract filed
by third parties no later than ten (10) business days from the date of receipt of the claim.
The Contractor shall be responsible for reimbursing the City for its reasonable costs in
providing the notification.
20. SHORING FOR TRENCHES. The Contractor shall provide adequate sheeting, shoring,
and bracing for all trenching and excavations in accordance to applicable Safety
Regulations, and the California Labor Code.
Attention is directed to Sections 6423, 6424, 6705, and 6707 of the Labor Code of the
State of California, OSHA 29 CFR Part 1926 Federal Regulations, Standards-Excavation,
and elsewhere within these Contract Documents.
The Contractor shall not commence with any excavation with a depth of five feet or
deeper without first complying with all applicable Labor Code and Safety Regulations.
The Contractor shall designate a competent person who is responsible for trench and
structure excavation, shall obtain a Cal/OSHA Safety Permit for excavation, and shall
submit to the City a detailed plan showing the design of shoring, bracing, sloping, or other
provisions to be made for worker protection from the hazard of caving ground during the
excavation of such trench or trenches.
21. CHANGES OR EXTRA WORK. The Contractor acknowledges that in conformance with
the Contract Documents, any changes or extra work must be authorized in writing by the
City prior to the Contractor performing said work. Contractor further acknowledges that
it is solely responsible for obtaining written authorization from the City and that it shall not
be compensated for any additional work performed without said written authorization.
Oral authorization shall not be sufficient to bind the City absent specific written
authorization.
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22. MEDIATION. All claims for $375,000 and less shall be subject to the provisions of Public
Contract Code Section 20104 et seq.
Executed on _______________________, __________, by
CONTRACTOR CITY OF DUBLIN
________________________________ _________________________________
By:_____________________________ By:_______________________________
Title:___________________________ Title:_____________________________
[Attach Notary Page]
Attest:
By:_______________________________
_
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EXHIBIT A -- INSURANCE REQUIREMENTS
1. Insurance Requirements. Before commencing any Work under the Contract
Documents, Contractor shall furnish to the City satisfactory proof that Contractor has in
force continuously for the entire period covered by this Contract the following classes of
insurance in the form and with limits specified below.
1.1 Commercial General Liability Insurance covering claims for personal injury, bodily
injury and property damage arising out of the Work and in a form providing coverage
no less broad than that of the current ISO Commercial General Liability policy
(Occurrence Form, number CG 00 01). Such insurance shall provide for all
operations and include independent contractors, products liability, completed
operations, contractual liability, personal and advertising injury. Contractor shall keep
the commercial general liability insurance in place for 10 years following completion
of the work. The commercial general liability insurance limits shall be dedicated solely
to the specific Project described in the Contract Documents, and shall have limits not
less than:
1.1.1 $1 million each Occurrence;
1.1.2 $1 million each Occurrence for personal injury and advertising injury;
1.1.3 $2 million aggregate for products and completed operations;
1.1.4 $2 million general aggregate limit, which shall apply separately and be
reinstated annually.
Except for any exclusions relating to EIFS, lead and asbestos risks, the policy shall
not contain any exclusions directed toward any types of projects, materials, or
processes involved in the Work. Coverage shall include but not be limited to the
following and shall not include any endorsements restricting these coverages:
1.1.5 Contractual liability to cover liability assumed under the Contract Documents;
1.1.6 Products/Completed Operations Liability Insurance;
1.1.7 Broad Form Property Damage;
1.1.8 Explosion, collapse and underground hazards, if such exposure exists;
1.1.9 Independent subcontractors;
1.1.10 Severability of interests;
1.1.11 Cross liability;
1.1.12 Limited Professional Liability - contractor means and methods - CG 2279.
Any self-insured retention shall be selected by the City pursuant to these
requirements.
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1.2 Business Auto Insurance covering all owned, non-owned, and hired vehicles on
and off-site. Such insurance shall provide coverage not less than the standard
ISO Comprehensive Automobile Liability policy (CA 00 01, CA 00 05, CA 00 12,
CA 00 20), with limits not less than $2 million each accident, and $2 million each
occurrence for claims subject to the Motor Carrier Act of 1980. If the Work
involves transportation of hazardous or regulated substances, hazardous or
regulated wastes and/or hazardous or regulated materials, Contractor shall
provide pollution auto coverage equivalent to that provided under the ISO
pollution liability-broaden coverage for covered autos endorsement (CA 99 48)
shall be provided, and the Motor Carrier Act endorsement (MCS 90) shall be
attached. Any statutorily required “No-Fault” benefits and uninsured/underinsured
motorists coverage should be included.
1.3 Worker’s Compensation and Employers Liability Insurance for all persons
whom the Contractor may employ carrying out Work contemplated under the
Contract Documents, in accordance with the Act of Legislature of State of
California, known as “Worker’s Compensation Insurance and Safety Act,”
approved May 26, 1913, and all acts amendatory or supplemental thereto, in the
statutory amount. Coverages and limits shall include:
1.3.1 Worker’s Compensation – statutory limit;
1.3.2 Employer’s liability;
(a) $1 million bodily injury for each accident;
(b) $1 million bodily injury by disease for each employee;
(c) $1 million bodily injury disease aggregate;
1.3.3 Voluntary Compensation;
1.3.4 If there is an exposure or injury to Contractor’s employees under the US
Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or
under laws, regulations or statutes applicable to maritime employees,
coverage shall be included for all such injuries or claims.
1.4 Umbrella/Excess Liability Insurance on an Occurrence basis in excess of the
underlying insurance identified in paragraphs 1.1, 1.2, and 1.3.2 above, and which
is at least as broad as each and every one of the underlying policies. The
umbrella/excess liability policy shall be written on a “drop-down-following form”
basis, with only such exceptions as the City shall expressly approved in writing.
The amounts of insurance required in paragraphs 1.1, 1.2, and 1.3.2 and this
Section may be satisfied by Contractor purchasing coverage for the limits
specified or by any combination of underlying and umbrella limits, so long as the
total amount of insurance is not less than the limits specified below for these types
when added to the limit for this section. The umbrella/excess liability insurance
limits shall be dedicated solely to the specific Project described in this Contract
Documents, and shall have limits of not less than the following amounts:
473
1.4.1 $5 million any one occurrence and annually reinstating General
Aggregate; and
1.4.2 $5 million any one occurrence and Aggregate Products/Completed
Operations.
The umbrella/excess liability insurance shall be kept in place for 10 years
following completion of the work. Any self-insured retention shall be selected by
the City pursuant to these requirements.
1.5 Contractor’s equipment. Contractor will maintain All Risk Equipment Insurance
covering all risk of physical damage to equipment provided for use at the Project
site by the Contractor, whether owned, leased, rented, borrowed or used at the
Project site. Contractor agrees to waive and does hereby waive its rights of
recovery against the City and each of its officers, employees, consultants and
agents including, but not limited to the City’s council members and each City
representative, as to any damage or loss which may occur to its equipment to the
extent covered by insurance. Contractor will have the insurance company
specifically agree to this waiver. If uninsured, Contractor will hold harmless the
City and each of its officers, employees, consultants and agents including, but not
limited to the City’s Board of Trustees and each City representative, for loss or
damage to its tools and equipment.
1.6 Contractors Pollution Legal Liability Insurance covering claims for bodily
injury, property damage, including mold and loss of use of damage property or of
property that has not been physically injured or destroyed; cleanup costs; and
defense, including costs and expenses incurred in the investigation, defense, or
settlement of claims; all in connection with any pollution conditions arising from
Contractor’s operations or completed operations, performed by or on behalf of
Contractor. Completed operations coverage will remain in effect for no less than
5 years after substantial completion of the work. Such coverage shall be written
on an occurrence basis and shall apply to sudden and non-sudden pollution
conditions and shall be placed with an insurer and in a form acceptable to the
City. If any pollution liability coverages cannot be obtained on an occurrence
form, after using best efforts to do so, such coverages may be provided on a
claims-made basis. The pollution legal liability policy shall be dedicated solely to
the specific Project described in the Contract Documents, and shall have limits
not less than $5 million per occurrence and in the aggregate. Any self-insured
retention shall be selected by the City pursuant to these requirements.
1.7 Builder’s Risk. The Contractor must, at the Contractor’s own expense, maintain
a builder’s risk policy covering “all risks”, including special form including extended
coverage and vandalism, and malicious mischief endorsements. The policy must
name the City and the Contractor as insureds. Such insurance must be carried
in the amount of 100% of the Contract Price. In the event of a partial or total
destruction of any or all of the Work at any time prior to the completion and
acceptance thereof, the Contractor shall promptly reconstruct all Work so
destroyed or injured at the Contractor’s own cost and expense and at no cost to
the City.
474
1.8 If any aircraft are to be used in the performance of the work, Contractor shall
provide Aircraft Liability Insurance (including owned and non-owned) with the
following minimum limits: Bodily Injury – $10 million each occurrence, $2 million
each person; Property Damage – $10 million each occurrence.
1.9 All policies of insurance shall be placed with insurers acceptable to the City. The
insurance underwriter(s) must be duly licensed to do business in the State of
California and (other than for Worker’s Compensation) must have a rating of A
XV or better in the most recent edition of Best’s Insurance Reports or otherwise
satisfactory to the City. Required minimum amounts of insurance may be
increased should conditions of Work, in the sole opinion of the City, warrant such
increase. Contractor shall increase required insurance amounts upon direction
by the City.
2. Certificates of Insurance.
2.1 Contractor shall furnish the City with certificates of insurance completed by a duly
authorized representative evidencing coverage required under Section 1 of these
requirements. Such certificates shall be delivered to the City before any Work
hereunder is commenced by Contractor and annually thereafter on or before the
policy effective dates of Contractor’s general liability insurance policy, and shall
provide that no coverage under the policy shall be terminated, canceled or
materially modified unless and until at least thirty (30) days prior written notice
has been given to the City. Contractor shall inform the City in writing thirty (30)
days prior to terminating or materially modifying coverage required in these
requirements.
2.2 Failure of the City to demand such certificate or other evidence of full compliance
with these insurance requirements, or failure of the City to identify a deficiency
from evidence provided will not be construed as a waiver of the Contractor’s
obligation to maintain such insurance.
2.3 The City’s acceptance of delivery of any certificate of insurance evidencing the
required coverages and limits does not constitute approval or agreement by the
City that the insurance requirements have been met or that the insurance policy
shown in the certificates of insurance are in compliance with the requirements.
2.4 The City has the right, but not the obligation, of prohibiting Contractor or any
subcontractor from entering the Project site until the City receives all certificates
or other evidence that insurance has been placed in complete compliance with
these requirements.
2.5 If any of the coverages are required to remain in force after Substantial
Completion, Contractor shall submit an additional certificate evidencing
continuation of such coverage with its final billing and at each subsequent renewal
of Contractor’s insurance.
3. Required Endorsements. Except as provided below, the policies required under
Section 1 of these requirements shall be endorsed, in a form and manner acceptable to
the City, providing as follows:
475
3.1 Except with regard to the Worker’s Compensation and Employer’s Liability
Insurance, the City, its parent, subsidiary and affiliated organizations, and its City
council, employees, representatives, consultants, and agents, shall be named as
additional insureds, but only with respect to liability arising out of the activities of
the named insured. Such additional insured endorsement for Commercial
General Liability and excess/umbrella coverages shall be equivalent to ISO form
GC 20 10 07 04, together with ISO form GC 20 37 07 04. The additional insured
requirement for Commercial General Liability and excess/umbrella coverages is
for the duration of this Agreement and an additional ten (10) years following
Substantial Completion of the Work.
3.2 Except with regard to the Worker’s Compensation and Employer’s Liability
insurance, each policy, including additional insured coverages, shall be primary
and no other insurance or self-insured retention carried or held by the City shall
be called upon to contribute to a loss covered by insurance for the named insured.
3.3 The insurance carriers waive their rights of subrogation against the City and all
additional insureds, as well as other insurance carriers for the Work.
3.4 Declarations pages required. Contractor or its insurance broker shall submit a
copy of the declarations page for each policy. The page shall include the name
of the carrier, policy number, the types of coverages and limits, the effective dates
of the policy, and the broker’s name and license number.
4. Certificates of Insurance and Endorsements shall have clearly typed thereon the City’s
name and title of the Contract Documents. Written notice of cancellation, non-renewal,
or reduction in coverage of any policy shall be mailed to the City Manager at 100 Civic
Plaza, Dublin, CA, 94568, 30 days in advance of the effective date of the cancellation,
non-renewal, or reduction in coverage. Contractor shall maintain insurance in full force
and effect during entire period of performance of this Agreement, and such additional
periods as required in these requirements. At the time of making an application for
extension of the Time for Completion, and during all periods exceeding the Time for
Completion resulting from any cause, Contractor shall submit evidence th at insurance
policies will be in effect during the requested additional period of time. Upon the City’s
request, Contractor shall submit to the City, within 10 days, copies of the actual insurance
policies or renewals or replacements.
5. Insurance Primary. All limits and coverage is required of the Contractor in these
requirements shall be primary over any insurance or self -insurance program carried by
the City and the additional insureds.
6. Joint ventures. If the Contractor is a joint venture involving two or more entities, each
independent entity will satisfy the limits and coverage is specified in these requirements
or the joint venture will be named insured under each policy specified.
7. Waiver of Right to Recovery Including Subrogation. Contractor hereby waives all its
rights of recovery and shall require all insurance policies in any way related to the Work
secured and maintained by the Contractor to include clauses stating each insurer will
waive all rights of recovery, under subrogation or otherwise, against the City and all tiers
of contractors or consultants engaged directly by the City. Contractor will require all tiers
476
of subcontractors, vendors and suppliers, by appropriate written agreements, to provide
similar waivers each in favor of all parties enumerated in this paragraph.
8. Cooperation. Contractor shall fully cooperate, participate, and comply with all
reasonable requirements and recommendations of the insurers and insurance brokers
issuing or arranging for issuance of the required policies, in all areas of safety, insurance
program administration, claim reporting and investigating, and audit procedures.
9. If injury occurs to any employee of Contractor, subcontractor, or sub-subcontractor for
which the employee, or the employee’s dependents in the event of the employee’s death,
is entitled to compensation from the City under provisions of the Worker’s Compensation
Insurance and Safety Act, as amended, or for which compensation of any kind is claimed
from the City, the City may retain out of sums due Contractor under the Contract
Documents, an amount sufficient to cover such compensation, as fixed by the Act, as
amended, until such compensation is paid, or until it is determined that no compensation
is due. If the City is compelled to pay compensation, the City may, in its discretion, either
deduct and retain from the Contract Price the amount so paid, or require Contractor to
reimburse the City.
10. Nothing in these requirements shall be construed as limiting in any way the extent to
which Contractor or any subcontractor may be held responsible for payment damages
resulting from their operations. Contractor’s obligations to procure insurance are
separate and independent of, and shall not limit Contractor’s contractual indemnity and
defense obligations. The City does not represent that coverages and limits required in
this contract will necessarily be adequate to protect the Contractor.
11. Except for Worker’s Compensation coverages, Contractor shall by appropriate written
agreements flow-down the additional insured coverage, certificate, endorsement, waiver
of subrogation, and all other requirements of these requirements to all tiers of
subcontractors for all insurance required of such subcontractors by Contractor for the
work.
12. Contractor shall pay all insurance premiums including any charges for required waivers
of subrogation or the endorsement of additional insureds. If Contractor fails to maintain
insurance, the City may take out comparable insurance, and deduct and retain amount
of premium from any sums due Contractor under the Contract Documents. If the
aggregate limits on any Contractor’s insurance policy are no longer available, Contractor
must notify the City and immediately, at Contractor’s expense, purchase replacement
coverage to meet the insurance requirements as specified in these requirements.
Alternatively, the Contractor’s failure to maintain the required insurance shall be grounds
for a termination for default in accordance with the Contract Documents.
477
Attachment 3
Exhibit B
Dougherty Hills Open Space Slide and Trail Repair Project Plans and Specifications
Plans: https://www.dublinplanroom.com/projects/1888/plans/dougherty-hills-open-
space-slide-trail-repair/?preview=22469
Specifications: https://www.dublinplanroom.com/projects/1888/specs/dougherty-hills-
open-space-slide-trail-repair/?preview=22470
478
Dougherty Hills Open Space Slide and Trail Repair
GI0221 (FEMA PN: 716372)
Bid Date:
BASE BID
ITEM DESCRIPTION Qty. UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension
1 1 LS $90,000.00 $90,000.00 $100,000.00 $100,000.00 $49,000.00 $49,000.00 $117,647.00 $117,647.00 $100,000.00 $100,000.00
2 1 LS $2,700.00 $2,700.00 $40,000.00 $40,000.00 $24,780.00 $24,780.00 $47,059.00 $47,059.00 $10,010.00 $10,010.00
3 1 LS $10,000.00 $10,000.00 $40,000.00 $40,000.00 $24,465.00 $24,465.00 $13,714.00 $13,714.00 $15,000.00 $15,000.00
4 1 LS $10,000.00 $10,000.00 $40,000.00 $40,000.00 $17,240.00 $17,240.00 $18,558.00 $18,558.00 $10,000.00 $10,000.00
5 1 LS $30,000.00 $30,000.00 $100,000.00 $100,000.00 $39,845.00 $39,845.00 $43,882.00 $43,882.00 $40,000.00 $40,000.00
6 4800 CY $79.00 $379,200.00 $100.00 $480,000.00 $159.00 $763,200.00 $105.00 $504,000.00 $80.00 $384,000.00
7 1 EA $100.00 $100.00 $15,000.00 $15,000.00 $810.00 $810.00 $3,457.00 $3,457.00 $3,000.00 $3,000.00
8 70 CY $100.00 $7,000.00 $900.00 $63,000.00 $193.00 $13,510.00 $316.00 $22,120.00 $1,000.00 $70,000.00
9 2 EA $15,000.00 $30,000.00 $20,000.00 $40,000.00 $15,010.00 $30,020.00 $16,021.00 $32,042.00 $15,000.00 $30,000.00
10 70 CY $800.00 $56,000.00 $500.00 $35,000.00 $589.00 $41,230.00 $244.00 $17,080.00 $1,000.00 $70,000.00
11 650 LF $140.00 $91,000.00 $450.00 $292,500.00 $85.00 $55,250.00 $86.00 $55,900.00 $160.00 $104,000.00
12 317 LF $209.00 $66,253.00 $300.00 $95,100.00 $219.00 $69,423.00 $67.00 $21,239.00 $150.00 $47,550.00
13 1 EA $2,800.00 $2,800.00 $20,000.00 $20,000.00 $1,788.00 $1,788.00 $5,160.00 $5,160.00 $5,000.00 $5,000.00
14 250 LF $145.00 $36,250.00 $600.00 $150,000.00 $197.00 $49,250.00 $135.00 $33,750.00 $250.00 $62,500.00
15 540 LF $64.00 $34,560.00 $300.00 $162,000.00 $50.00 $27,000.00 $170.00 $91,800.00 $100.00 $54,000.00
16 110 LF $100.00 $11,000.00 $500.00 $55,000.00 $89.50 $9,845.00 $90.00 $9,900.00 $100.00 $11,000.00
17 4 EA $1,000.00 $4,000.00 $4,500.00 $18,000.00 $1,725.00 $6,900.00 $3,813.00 $15,252.00 $400.00 $1,600.00
18 5 EA $1,000.00 $5,000.00 $4,500.00 $22,500.00 $1,750.00 $8,750.00 $4,232.00 $21,160.00 $500.00 $2,500.00
19 14 EA $980.00 $13,720.00 $3,500.00 $49,000.00 $1,030.00 $14,420.00 $1,808.00 $25,312.00 $1,000.00 $14,000.00
20 3 EA $400.00 $1,200.00 $1,500.00 $4,500.00 $385.00 $1,155.00 $561.00 $1,683.00 $200.00 $600.00
21 2 EA $600.00 $1,200.00 $750.00 $1,500.00 $535.00 $1,070.00 $588.00 $1,176.00 $200.00 $400.00
22 3 EA $800.00 $2,400.00 $750.00 $2,250.00 $1,275.00 $3,825.00 $2,587.00 $7,761.00 $800.00 $2,400.00
23 16520 SQFT $0.75 $12,390.00 $1.50 $24,780.00 $0.40 $6,608.00 $0.50 $8,260.00 $1.00 $16,520.00
24 1 LS $8,000.00 $8,000.00 $7,500.00 $7,500.00 $5,975.00 $5,975.00 $866.00 $866.00 $5,000.00 $5,000.00
25 1 EA $500.00 $500.00 $2,500.00 $2,500.00 $1,055.00 $1,055.00 $3,665.00 $3,665.00 $500.00 $500.00
26 600 LF $10.00 $6,000.00 $20.00 $12,000.00 $11.30 $6,780.00 $14.00 $8,400.00 $20.00 $12,000.00
27 7 EA $250.00 $1,750.00 $750.00 $5,250.00 $615.00 $4,305.00 $409.00 $2,863.00 $200.00 $1,400.00
28 1 EA $4,000.00 $4,000.00 $7,500.00 $7,500.00 $4,350.00 $4,350.00 $6,849.00 $6,849.00 $4,000.00 $4,000.00
29 1 LS $22,000.00 $22,000.00 $40,000.00 $40,000.00 $9,595.00 $9,595.00 $17,491.00 $17,491.00 $10,000.00 $10,000.00
30 965 SQYD $27.00 $26,055.00 $75.00 $72,375.00 $3.80 $3,667.00 $36.00 $34,740.00 $10.00 $9,650.00
BASE BID TOTAL:$965,078.00 $1,997,255.00 $1,295,111.00 $1,192,786.00 $1,096,630.00
**$1,295,201.00
DETERMINATION OF LOW BID
* Mathematical error "unit cost extension"
** Mathematical error "summation of bid items"
D-Line Constructors, Inc.
D-Line Constructors, Inc.
1,096,630.00$
D-Line Constructors, Inc.Ground Control Inc.
Ground Control Inc.
Ground Control Inc.
Nitta Erosion Control (Loomis, CA)
Terocons Inc (San Fransisco, CA)
1,997,255.00$ 1,295,111.00$ 1,192,786.00$
Mike O' Dell Surveys (San Fransisco,
CA)
Erosion Control
Concrete
Lonestar Landscape Inc. (San Martin, CA)
Kerex Engineering, Inc Brannon Corporation
Brannon Corporation
CF&T (Oakland, CA)
Kerex Engineering, Inc
Lonestar Landscaping (San Martin, CA)
A1 Trucking (Oakland, CA)
Nitta (Loomis, CA)
Freeman Environmental (Aptos, CA)
F3 (Benicia, CA)
Granite Construction Company
$965,078.00
APPARENT LOW BIDDER
Granite Construction Company
CITY OF DUBLIN
ENGINEERING DIVISION
BID SUMMARY
May 15, 2025
Project Name:
Project No. :
PUBLIC WORKS DEPARTMENT
Granite Construction Company
Erosion Control, Landscaping
Roadway Excavation
Mobilization (10%)
6" Perforated Plastic Pipe Underdrain
6" Non-Perforated Plastic Pipe Underdrain
Two-Stream Trash Receptacle
Landscape Reconstruction Area
Underdrain Cleanout Box
Hydroseed & Fiber Rolls
Concrete Pumping
List of Sub-Contractors
Survey
SWPPP
Description
Hydroseed, Landscaping
Trucking
Slide Debris Removal
Post and Foundation for Sign
Remove Post and Foundation, and Salvage Sign
Remove Sign, Post, and Foundation
Drainage Inlet Cleanout
Water Bar
Construction Survey
Brannon Corporation
Clear and Grub
Water Pollution Control Work
Remove Sandbags
Hydroseed
Salvage Trash Receptacle
Fiber Roll
Temporary Inlet Protection
Kerex Engineering, Inc
Remove Concrete Pad
Import Borrow
Storm Drain Inlet (Type "C")
Class II Aggregate Base
Minor Concrete (Ditch)
Minor Concrete (Retaining Curb)
Minor Concrete (Pad)
12" Plastic Pipe
Traffic Control/Detour (7%)
Page 1 of 1
Attachment 4
479
Attachment 5
Reso. No. XX-25, Item X.X, Adopted 06/17/2025 Page 1 of 2
RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO
GRANITE CONSTRUCTION COMPANY FOR THE DUBLIN BOULEVARD SLIDE REPAIR-
BETWEEN INSPIRATION DRIVE AND SILVERGATE DRIVE PROJECT, CIP NO. GI0221,
FEMA PROJECT NO. 733034
WHEREAS, the design team has completed the plans and specifications for the Dublin
Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project, CIP No. GI0221,
FEMA Project No. 733034, which consists of slide debris removal and slope reconstruction,
grading, rock slope protection and drainage improvements, and asphalt trail reconstruction ; and
WHEREAS, the City of Dublin did, on May 15, 2025, publicly open, examine, and declare
all sealed bids for doing the work described in the approved plans and specifications for the
Project, which plans and specifications are hereby expressly referred to for a descri ption of said
work and for all particulars relative to the proceedings under the request for bids; and
WHEREAS, said bids were submitted to Staff, and Granite Construction Company was
determined to be the lowest responsive and responsible bidder for doing said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the Plans and Specifications for the Project, attached hereto as Exhibit B.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award
the Contract for the Project to the lowest, responsive, and responsible bidder, Granite Construction
Company at a bid of five-hundred eighty-seven thousand six-hundred twenty dollars and zero
cents ($587,620.00), the particulars of which bids are on file at the Office of the Public Works
Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager, or designee, to approve the project contract change orders based on
the appropriated funds designated for the Project up to the contingency amount of fifty-eight
thousand eight-hundred dollars and zero cents ($58,800.00).
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
approve the agreement with Granite Construction Company, 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 following page}
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Reso. No. XX-25, Item X.X, Adopted 06/17/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CITY OF DUBLIN
City Hall, 100 Civic Plaza
Dublin, California 94568
CONSTRUCTION AGREEMENT
The City of Dublin, (“City”) enters into this agreement, dated for reference purposes only, with
Granite Construction Company (“Contractor”).
RECITALS
A.NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by 2:00 p.m., May 15,
2025 for the Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project by
published notice and/or posting pursuant to California Public Contract Code Section 20164 and other
applicable law.
B.BID OPENING. On May 15, 2025, City representatives opened the bids for the Dublin Boulevard
Slide Repair-Between Inspiration Drive and Silvergate Drive Project and read the bids aloud.
C.PROJECT AWARD. On June 17, 2025, the City Council awarded the Dublin Boulevard Slide Repair-
Between Inspiration Drive and Silvergate Drive Project to the Contractor and directed City staff to send
the Contractor written notice of award of the project. The City Council conditioned award of the project
on the Contractor’s providing executed copies of all documents specified in the contract check list
included in the bid package within fifteen (15) calendar days of receiving written notice of award of the
project.
D.REQUIRED DOCUMENTS. The Contractor has provided the City executed copies of all documents
specified in the contract check list included in the bid package within fifteen (15) calendar days of
receiving written notice of award.
AGREEMENT TERMS
The City and the Contractor agree as follows:
1.THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities,
material labor, and skill necessary to perform and complete in a good and workmanlike
manner the (Title of Project) (“Work”) as shown in the Technical Specifications and
Project Plans in accordance with the Contract Documents and applicable law.
2.LOCATION OF WORK. The Work will be performed at the following location:
Dublin Boulevard, Between Inspiration Drive and Silvergate Drive, in Dublin, California.
3.TIME FOR COMPLETION. The Contractor must complete the Work in accordance with
the Contract Documents within forty-five (45) working days from the date
specified in the City’s Notice to Proceed (“Time for Completion”).
4.REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails
to fully perform the Work in accordance with the Contract Documents by the Time for
Attachment 6
Exhibit A to Resolution
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Completion, as such time may be amended by change order or other modification to this
agreement in accordance with its terms, and/or if the Contractor fails, by the Time for
Completion, to fully perform all of the Contractor’s obligations under this agreement that
have accrued by the Time for Completion, the Contractor will become liable to the City
for all resulting loss and damage in accordance with the Contract Documents and
applicable law. The City’s remedies for the Contractor’s failure to perform include, but
are not limited to, assessment of liquidated damages of $3,600 per day pursuant to
California Government Code Section 53069.85 and section SC-03 of the Special
Conditions, and/or obtaining or providing for substitute performance in accordance with
the Contract Documents.
5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of
completion of the Work in accordance with the Contract Documents and in consideration
of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the
City will pay the Contractor in lawful money of the United States the total price of
$587,620.00 (the “Contract Price”) as specified in the Contractor’s completed Bid
Schedule dated May 15, 2025, and attached to and incorporated in this agreement.
Payment to the Contractor under this agreement will be for Work actually performed in
accordance with the Contract Documents and will be made in accordance with the
requirements of the Contract Documents and applicable law. The City will have no
obligation to pay the Contractor any amount in excess of the Contract Price unless this
agreement is first modified in accordance with its terms. The City’s obligation to pay the
Contractor under this agreement is subject to and may be offset by charges that may
apply to the Contractor under this agreement. Such charges include but are not limited
to, charges for liquidated damages and/or substitute performance in accordance with the
Contract Documents.
6. PREVAILING WAGES. Pursuant to California Labor Code Section 1771, not less than
the general prevailing rate of per diem wages for work of a similar character in the locality
in which the Work is to be performed, and not less than the general prevailing rate of per
diem wages for holiday and overtime work fixed as provided in the California Labor Code
must be paid to all workers engaged in performing the Work. Pursuant to California Labor
Code Section 1770 and following, the Director of Industrial Relations has determined the
general prevailing wage per diem rates for the locality in which the Work is to be
performed. Pursuant to California Labor Code Section 1773, the City has obtained the
general prevailing rate of per diem wages and the general rate for holiday and ove rtime
work in the locality in which the Work is to be performed for each craft, classification or
type of worker needed to perform the project. Pursuant to California Labor Code Section
1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works
Department and will be made available on request. Throughout the performance of the
Work the Contractor must comply with all provisions of the Contract Documents and all
applicable laws and regulations that apply to wages earned in performance of the Work.
The Contractor is subject to prevailing wage rate compliance monitoring and enforcement
by the California Department of Industrial Relations.
The contractor or subcontractor(s) 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 this chapter,
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
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the contractor is registered to perform public work pursuant to California Labor Code
Section 1725.5 at the time the contract is awarded.
7. THE CONTRACT DOCUMENTS. This agreement consists of the following documents
(“Contract Documents” The Contract documents consist of the Plans as signed by the
City Engineer and issued for the project, and the entire set of Specifications incorporating
Sections P, IB, GC, SC, TP, including the appendices, all addendums and change orders
issued.), all of which are incorporated into and made a part of this agreement as if set
forth in full. See section GC-16 general for document precedence in the event there is a
conflict that arises from section GC-16 “Document Precedence”, shall be per the following
provisions. Written numbers and notes on a drawing govern over graphics, a detail
drawing governs over a general drawing, a detail specification governs over a general
specification, and a specification in a section governs over a specification referenced by
that section. In the event of a conflict between or among the Contract Documents,
precedence will be in the following order:
7.1 This agreement and change orders and other amendments to this agreement
signed by authorized representatives of the City and the Contractor.
7.2 The Technical Provisions and change orders and other amendments to the
Special Conditions signed by authorized representatives of the City and the
Contractor.
7.3 The Special Provisions, including the Geotechnical Report, addenda to the
General Conditions signed by authorized representatives of the City and issued
prior to bid opening, Equal Product Proposals accepted by the City and signed by
authorized City representatives prior to bid opening, and change orders and other
amendments to the Technical Specifications signed by authorized
representatives of the City and the Contractor.
7.4 The Project Plans, addenda to the Project Plans signed by authorized
representatives of the City and issued prior to bid opening, Equal Product
Proposals accepted by the City and signed by authorized City representatives
prior to bid opening, and change orders and other amendments to the Project
Plans signed by authorized representatives of the City and the Contractor.
7.5 The General Provisions
7.6 The Project Specifications.
7.7 The Revised Standard Specifications.
7.8 The Standard Specifications.
7.9 The City’s standard plans.
7.10 Revised Caltrans standard plans.
7.11 Caltrans standard plans.
7.12 Notice Inviting Bids.
7.13 Instructions to Bidders.
7.14 Community Workforce Agreement (CWA)
7.15 The successful bidder’s completed Proposal Form and Bidder’s Sheet.
7.16 The successful bidder’s completed Contractor License Information.
7.17 The successful bidder’s completed List of Proposed Subcontractors.
7.18 The successful bidder’s Insurance Certifications.
7.19 The successful bidder’s completed Non-collusion Affidavit.
7.20 The successful bidder’s Debarment Certification.
7.21 The successful bidder’s completed Certificates of Insurance and Endorsements.
7.22 The successful bidder’s executed Performance Bond.
7.23 The successful bidder’s executed Payment Bond.
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7.24 Executed Escrow for Deposit Agreement, if applicable.
7.25 Change Order Form.
7.26 The Maintenance Bond form included in the bid package that the Contractor
must execute prior to release of final payment under the Contract.
7.27 The successful bidder’s Qualification Statement, if any.
7.28 The successful bidder’s signed Signature Form.
8. AMENDMENTS. This Agreement may be amended from time to time as necessary by
formal and written amendment executed by the City Manager or his designee and
principal acting on behalf of the Contractor.
9. PROVISIONS INCORPORATED BY REFERENCE. Provisions or parts of provisions
that are incorporated by reference and not set forth at length in any of the Contract
Documents will only form a part of this Agreement to the extent the Contract Documents
expressly make such provisions or parts of provisions a part of this Agreement. For
example, published public works agreement provisions, such as those of the State of
California Department of Transportation Standard Specifications (known as the State
Standard Specifications) are only a part of this Agreement to the extent expressly
incorporated in this Agreement by section number, and references in the State Standard
Specifications incorporated by reference to other Standard Specifications do not make
such other Standard Specifications a part of this Agreement. When such published
provisions are made a part of this Agreement, references in the published provisions to
other entities, such as the State, the Agency, or similar references, will be deemed
references to the City as the context of this Agreement may require.
10. INTERPRETATION OF CONTRACT DOCUMENTS. Any question concerning the intent
or meaning of any provision of the Contract Documents, including, but not limited to, the
Technical Specifications or Project Plans, must be submitted to the Public Works
Department, for issuance of an interpretation and/or decision by an authorized Public
Works Department representative in accordance with the requirements of the Contract
Documents. Interpretations or decisions by any other person concerning the Contract
Documents will not be binding on the City. The decision of an authorized Public Works
Department representative shall be final.
11. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this
agreement, or any moneys due or to become under this agreement, or any other right or
interest of the Contractor under this agreement, or delegate any obligation or duty of the
Contractor under this agreement without the prior written approval of an official authorized
to bind the City and an authorized representative of Contractor’s surety or sureties. Any
such purported assignment or delegation without such written approval on behalf of the
City and the Contractor’s sureties will be void and a material breach of this agreement
subject to all available remedies under this agreement and at law and equity.
12. CERTIFICATION OF CONTRACTOR’S LICENSE. By signing this Agreement the
Contractor certifies that the Contractor holds a valid Type “_____” license issued by the
California State Contractors Licensing Board, and that the Contractor understands that
failure to maintain its license in good standing throughout the performance of the Work
may result in discipline and/or other penalties pursuant to the California Business and
Professions Code, and may constitute a material breach of this agreement subject to all
available remedies under this agreement and at law and equity.
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13. SEVERABILITY. If any term or provision or portion of a term or provision of this
Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then
the remaining terms and provisions or portions of terms or provisions will not be affected
thereby and will remain in full force and effect.
14. INSURANCE. Contractor Agrees to have and maintain the insurance coverages and
polices set forth in Exhibit A to this Agreement, “Insurance Requirements”, which is
incorporated by this reference. All policies, endorsements, certificates, and/or binders
shall be subject to approval by the City as to form and content. These requirements are
subject to amendment or waiver only if so approved in writing by the City. A lapse in any
required insurance coverage during this agreement shall constitute a material breach of
this Agreement. The cost of such insurance shall be included in the Contractor’s bid.
a. Contractor agrees to maintain in force at all times during the performance of the
Scope of Work under this Agreement, workers’ compensation insurance as required
by law.
b. Contractor agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor’s work.
Subcontractors hired by the Contractor agree to be bound to Contractor and City in
the same manner and to the same extent as Contractor is bound to City under this
Agreement and any other applicable contract documents. Subcontractors further
agree to include these same provisions with any sub-subcontractor. A copy of the
Indemnity and Insurance provisions in this Agreement will be furnished to the
subcontractor upon request. The General Contractor shall require all subcontractors
to provide a valid certificate of insurance and the required endorsements included in
the Agreement prior to commencement of any work and will provide proof of
compliance to the City.
c. The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California.
d. Contractor agrees that if it does not keep the aforesaid insurance in full force and
effect, City may terminate this Agreement.
e. At all times during the term of this Agreement, Contractor shall maintain on file with
the City a certificate or certificates of the required insurance as set forth in the Exhibit
A Insurance Requirements showing that the required insurance policies are in effect
in the required amounts.
f. It is requirement under this Agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to the additional insured. Furthermore, the requirements for
coverage for coverage and limits shall be (1) the minimum coverage and limits of
coverage and the limits specified in this Agreement; or (2) the broader coverage and
maximum limits of coverage of an insurance policy or proceeds available to the
named Insured; whichever is greater.
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15. INDEMNIFICATION. To the fullest extent permitted by law Contractor agrees to defend
(with legal counsel selected by the City), including the cost to defend, indemnify and hold
harmless the City, its elected and appointed officials, officers, attorneys, agents,
employees, consultants, and volunteers, and each of them from and against any and all
claims, damages, losses and expenses, including attorney’s fees, and from any and all
suits, actions or claims filed or brought by and all person or persons arising out of the
performance of the work described herein, caused in whole or in part by any negligent
act or omission of the Contractor, any subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, except
where caused by the active negligence, sole negligence, or willful misconduct of the City.
a. General. This obligation to indemnify and defend City as set forth herein is binding on
the successors, assigns, or heirs of Contractor and shall survive the termination of
this Agreement or this section. By execution of this Agreement, Contractor
acknowledges and agrees that it has read and understands the provisions hereof and
that this section is a material element of consideration. The parties agree that if any
part of this Indemnification is found to conflict with applicable laws, such part shall be
unenforceable only insofar as it conflicts with said laws, and that this indemnification
shall be judicially interpreted and rewritten to provide the broadest possible
indemnification legally allowed and shall be legally binding upon Contractor.
b. Survival. Contractor and any subcontractor’s responsibility for such defense and
indemnity obligations shall survive the termination or completion of this Agreement
for the full period of time allowed by law.
c. No Limitation by Insurance Obligations. The defense and indemnification obligations
of this Agreement are undertaken in addition to, and shall not in any way be limited
by, the insurance obligations contained in this Agreement
d. Scope. This section shall in no event be construed to require indemnification by
Contractor to a greater extent than permitted under the public policy of the State of
California. The Contractor will take all responsibility for the Work, and will bear all
losses and damages directly or indirectly resulting to the Contractor, any
subcontractors engaged in performance of the Work, the City, its officials, officers,
employees, agents, and volunteers, and to third parties on account of the
performance or character of the Work, unforeseen difficulties, accidents, or
occurrences of other causes predicated on active or passive negligence of the
Contractor or of any subcontractor engaged in performance of the Work. The
Contractor assumes all liability for any accident or accidents resulting to any person
or property as a result of inadequate protective devices for the prevention of accidents
in connection with the performance of the Work. The Contractor will indemnify,
defend, and hold harmless the City and its officials, officers, employees, and,
volunteers from such liability. The Contractor will indemnify, defend and hold
harmless the City, the City’s officials, officers, employees and volunteers for all liability
on account of any patent rights, copyrights, trade names or other intellectual property
rights that may apply to the Contractor’s performance of the Work. The Contractor
will pay all royalties or other charges as a result of intellectual property rights that may
apply to methods, types of construction, processes, materials, or equipment used in
the performance of the Work, and will furnish written assurance satisfactory to the
City that any such charges have been paid.
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16. BONDING REQUIREMENT. The Contractor agrees to post a Faithful Performance Bond
and payment bond for Labor and Materials, or other guarantees, in the required amounts
upon bond forms provided by the City, guarantying the performance of the terms of this
Agreement.
17. MAINTENANCE AND GUARANTY. The Contractor shall promptly repair, replace,
restore, or rebuild, as the CITY may determine, any finished product in which defects of
materials or workmanship may appear or to which damage may occur because of such
defects, during a one (1) year period after the date of the City Council‘s acceptance of
the project.
This Article does not in any way limit the guaranty on any items for which a longer
guaranty is specified or on any items which a manufacturer give a guaranty for a longer
period, nor does it limit the other remedies of the City in respect to a latent defe ct, fraud
or implied warranties. Contractor shall furnish the City all appropriate guaranties or
warranty certificates upon completion of the project.
18. MAINTENANCE BOND. The Contractor further agrees to post a maintenance bond in
the amount equal to at least 10 percent (10%) of the total value of the entire work prior to
CITY's acceptance of the project. The maintenance bond shall remain in effect for a
period of one (1) year after the City Council’s acceptance of the work to guarantee the
repair and/or replacement of the defective materials provided and/or workmanship
performed under this contract.
19. NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contracts Code section 9201,
the City Shall provide the Contractor with notice of Claims relating to this Contract filed
by third parties no later than ten (10) business days from the date of receipt of the claim.
The Contractor shall be responsible for reimbursing the City for its reasonable costs in
providing the notification.
20. SHORING FOR TRENCHES. The Contractor shall provide adequate sheeting, shoring,
and bracing for all trenching and excavations in accordance to applicable Safety
Regulations, and the California Labor Code.
Attention is directed to Sections 6423, 6424, 6705, and 6707 of the Labor Code of the
State of California, OSHA 29 CFR Part 1926 Federal Regulations, Standards-Excavation,
and elsewhere within these Contract Documents.
The Contractor shall not commence with any excavation with a depth of five feet or
deeper without first complying with all applicable Labor Code and Safety Regulations.
The Contractor shall designate a competent person who is responsible for trench and
structure excavation, shall obtain a Cal/OSHA Safety Permit for excavation, and shall
submit to the City a detailed plan showing the design of shoring, bracing, sloping, or other
provisions to be made for worker protection from the hazard of caving ground during the
excavation of such trench or trenches.
21. CHANGES OR EXTRA WORK. The Contractor acknowledges that in conformance with
the Contract Documents, any changes or extra work must be authorized in writing by the
City prior to the Contractor performing said work. Contractor further acknowledges that
it is solely responsible for obtaining written authorization from the City and that it shall not
be compensated for any additional work performed without said written authorization.
Oral authorization shall not be sufficient to bind the City absent specific written
authorization.
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22. MEDIATION. All claims for $375,000 and less shall be subject to the provisions of Public
Contract Code Section 20104 et seq.
Executed on _______________________, __________, by
CONTRACTOR CITY OF DUBLIN
________________________________ _________________________________
By:_____________________________ By:_______________________________
Title:___________________________ Title:_____________________________
[Attach Notary Page]
Attest:
By:_______________________________
_
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EXHIBIT A -- INSURANCE REQUIREMENTS
1. Insurance Requirements. Before commencing any Work under the Contract
Documents, Contractor shall furnish to the City satisfactory proof that Contractor has in
force continuously for the entire period covered by this Contract the following classes of
insurance in the form and with limits specified below.
1.1 Commercial General Liability Insurance covering claims for personal injury, bodily
injury and property damage arising out of the Work and in a form providing coverage
no less broad than that of the current ISO Commercial General Liability policy
(Occurrence Form, number CG 00 01). Such insurance shall provide for all
operations and include independent contractors, products liability, completed
operations, contractual liability, personal and advertising injury. Contractor shall keep
the commercial general liability insurance in place for 10 years following completion
of the work. The commercial general liability insurance limits shall be dedicated solely
to the specific Project described in the Contract Documents, and shall have limits not
less than:
1.1.1 $1 million each Occurrence;
1.1.2 $1 million each Occurrence for personal injury and advertising injury;
1.1.3 $2 million aggregate for products and completed operations;
1.1.4 $2 million general aggregate limit, which shall apply separately and be
reinstated annually.
Except for any exclusions relating to EIFS, lead and asbestos risks, the policy shall
not contain any exclusions directed toward any types of projects, materials, or
processes involved in the Work. Coverage shall include but not be limited to the
following and shall not include any endorsements restricting these coverages:
1.1.5 Contractual liability to cover liability assumed under the Contract Documents;
1.1.6 Products/Completed Operations Liability Insurance;
1.1.7 Broad Form Property Damage;
1.1.8 Explosion, collapse and underground hazards, if such exposure exists;
1.1.9 Independent subcontractors;
1.1.10 Severability of interests;
1.1.11 Cross liability;
1.1.12 Limited Professional Liability - contractor means and methods - CG 2279.
Any self-insured retention shall be selected by the City pursuant to these
requirements.
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1.2 Business Auto Insurance covering all owned, non-owned, and hired vehicles on
and off-site. Such insurance shall provide coverage not less than the standard
ISO Comprehensive Automobile Liability policy (CA 00 01, CA 00 05, CA 00 12,
CA 00 20), with limits not less than $2 million each accident, and $2 million each
occurrence for claims subject to the Motor Carrier Act of 1980. If the Work
involves transportation of hazardous or regulated substances, hazardous or
regulated wastes and/or hazardous or regulated materials, Contractor shall
provide pollution auto coverage equivalent to that provided under the ISO
pollution liability-broaden coverage for covered autos endorsement (CA 99 48)
shall be provided, and the Motor Carrier Act endorsement (MCS 90) shall be
attached. Any statutorily required “No-Fault” benefits and uninsured/underinsured
motorists coverage should be included.
1.3 Worker’s Compensation and Employers Liability Insurance for all persons
whom the Contractor may employ carrying out Work contemplated under the
Contract Documents, in accordance with the Act of Legislature of State of
California, known as “Worker’s Compensation Insurance and Safety Act,”
approved May 26, 1913, and all acts amendatory or supplemental thereto, in the
statutory amount. Coverages and limits shall include:
1.3.1 Worker’s Compensation – statutory limit;
1.3.2 Employer’s liability;
(a) $1 million bodily injury for each accident;
(b) $1 million bodily injury by disease for each employee;
(c) $1 million bodily injury disease aggregate;
1.3.3 Voluntary Compensation;
1.3.4 If there is an exposure or injury to Contractor’s employees under the US
Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or
under laws, regulations or statutes applicable to maritime employees,
coverage shall be included for all such injuries or claims.
1.4 Umbrella/Excess Liability Insurance on an Occurrence basis in excess of the
underlying insurance identified in paragraphs 1.1, 1.2, and 1.3.2 above, and which
is at least as broad as each and every one of the underlying policies. The
umbrella/excess liability policy shall be written on a “drop-down-following form”
basis, with only such exceptions as the City shall expressly approved in writing.
The amounts of insurance required in paragraphs 1.1, 1.2, and 1.3.2 and this
Section may be satisfied by Contractor purchasing coverage for the limits
specified or by any combination of underlying and umbrella limits, so long as the
total amount of insurance is not less than the limits specified below for these types
when added to the limit for this section. The umbrella/excess liability insurance
limits shall be dedicated solely to the specific Project described in this Contract
Documents, and shall have limits of not less than the following amounts:
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1.4.1 $5 million any one occurrence and annually reinstating General
Aggregate; and
1.4.2 $5 million any one occurrence and Aggregate Products/Completed
Operations.
The umbrella/excess liability insurance shall be kept in place for 10 years
following completion of the work. Any self-insured retention shall be selected by
the City pursuant to these requirements.
1.5 Contractor’s equipment. Contractor will maintain All Risk Equipment Insurance
covering all risk of physical damage to equipment provided for use at the Project
site by the Contractor, whether owned, leased, rented, borrowed or used at the
Project site. Contractor agrees to waive and does hereby waive its rights of
recovery against the City and each of its officers, employees, consultants and
agents including, but not limited to the City’s council members and each City
representative, as to any damage or loss which may occur to its equipment to the
extent covered by insurance. Contractor will have the insurance company
specifically agree to this waiver. If uninsured, Contractor will hold harmless the
City and each of its officers, employees, consultants and agents including, but not
limited to the City’s Board of Trustees and each City representative, for loss or
damage to its tools and equipment.
1.6 Contractors Pollution Legal Liability Insurance covering claims for bodily
injury, property damage, including mold and loss of use of damage property or of
property that has not been physically injured or destroyed; cleanup costs; and
defense, including costs and expenses incurred in the investigation, defense, or
settlement of claims; all in connection with any pollution conditions arising from
Contractor’s operations or completed operations, performed by or on behalf of
Contractor. Completed operations coverage will remain in effect for no less than
5 years after substantial completion of the work. Such coverage shall be written
on an occurrence basis and shall apply to sudden and non-sudden pollution
conditions and shall be placed with an insurer and in a form acceptable to the
City. If any pollution liability coverages cannot be obtained on an occurrence
form, after using best efforts to do so, such coverages may be provided on a
claims-made basis. The pollution legal liability policy shall be dedicated solely to
the specific Project described in the Contract Documents, and shall have limits
not less than $5 million per occurrence and in the aggregate. Any self-insured
retention shall be selected by the City pursuant to these requirements.
1.7 Builder’s Risk. The Contractor must, at the Contractor’s own expense, maintain
a builder’s risk policy covering “all risks”, including special form including extended
coverage and vandalism, and malicious mischief endorsements. The policy must
name the City and the Contractor as insureds. Such insurance must be carried
in the amount of 100% of the Contract Price. In the event of a partial or total
destruction of any or all of the Work at any time prior to the completion and
acceptance thereof, the Contractor shall promptly reconstruct all Work so
destroyed or injured at the Contractor’s own cost and expense and at no cost to
the City.
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1.8 If any aircraft are to be used in the performance of the work, Contractor shall
provide Aircraft Liability Insurance (including owned and non-owned) with the
following minimum limits: Bodily Injury – $10 million each occurrence, $2 million
each person; Property Damage – $10 million each occurrence.
1.9 All policies of insurance shall be placed with insurers acceptable to the City. The
insurance underwriter(s) must be duly licensed to do business in the State of
California and (other than for Worker’s Compensation) must have a rating of A
XV or better in the most recent edition of Best’s Insurance Reports or otherwise
satisfactory to the City. Required minimum amounts of insurance may be
increased should conditions of Work, in the sole opinion of the City, warrant such
increase. Contractor shall increase required insurance amounts upon direction
by the City.
2. Certificates of Insurance.
2.1 Contractor shall furnish the City with certificates of insurance completed by a duly
authorized representative evidencing coverage required under Section 1 of these
requirements. Such certificates shall be delivered to the City before any Work
hereunder is commenced by Contractor and annually thereafter on or before the
policy effective dates of Contractor’s general liability insurance policy, and shall
provide that no coverage under the policy shall be terminated, canceled or
materially modified unless and until at least thirty (30) days prior written notice
has been given to the City. Contractor shall inform the City in writing thirty (30)
days prior to terminating or materially modifying coverage required in these
requirements.
2.2 Failure of the City to demand such certificate or other evidence of full compliance
with these insurance requirements, or failure of the City to identify a deficiency
from evidence provided will not be construed as a waiver of the Contractor’s
obligation to maintain such insurance.
2.3 The City’s acceptance of delivery of any certificate of insurance evidencing the
required coverages and limits does not constitute approval or agreement by the
City that the insurance requirements have been met or that the insurance policy
shown in the certificates of insurance are in compliance with the requirements.
2.4 The City has the right, but not the obligation, of prohibiting Contractor or any
subcontractor from entering the Project site until the City receives all certificates
or other evidence that insurance has been placed in complete compliance with
these requirements.
2.5 If any of the coverages are required to remain in force after Substantial
Completion, Contractor shall submit an additional certificate evidencing
continuation of such coverage with its final billing and at each subsequent renewal
of Contractor’s insurance.
3. Required Endorsements. Except as provided below, the policies required under
Section 1 of these requirements shall be endorsed, in a form and manner acceptable to
the City, providing as follows:
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3.1 Except with regard to the Worker’s Compensation and Employer’s Liability
Insurance, the City, its parent, subsidiary and affiliated organizations, and its City
council, employees, representatives, consultants, and agents, shall be named as
additional insureds, but only with respect to liability arising out of the activities of
the named insured. Such additional insured endorsement for Commercial
General Liability and excess/umbrella coverages shall be equivalent to ISO form
GC 20 10 07 04, together with ISO form GC 20 37 07 04. The additional insured
requirement for Commercial General Liability and excess/umbrella coverages is
for the duration of this Agreement and an additional ten (10) years following
Substantial Completion of the Work.
3.2 Except with regard to the Worker’s Compensation and Employer’s Liability
insurance, each policy, including additional insured coverages, shall be primary
and no other insurance or self-insured retention carried or held by the City shall
be called upon to contribute to a loss covered by insurance for the named insured.
3.3 The insurance carriers waive their rights of subrogation against the City and all
additional insureds, as well as other insurance carriers for the Work.
3.4 Declarations pages required. Contractor or its insurance broker shall submit a
copy of the declarations page for each policy. The page shall include the name
of the carrier, policy number, the types of coverages and limits, the effective dates
of the policy, and the broker’s name and license number.
4. Certificates of Insurance and Endorsements shall have clearly typed thereon the City’s
name and title of the Contract Documents. Written notice of cancellation, non-renewal,
or reduction in coverage of any policy shall be mailed to the City Manager at 100 Civic
Plaza, Dublin, CA, 94568, 30 days in advance of the effective date of the cancellation,
non-renewal, or reduction in coverage. Contractor shall maintain insurance in full force
and effect during entire period of performance of this Agreement, and such additional
periods as required in these requirements. At the time of making an application for
extension of the Time for Completion, and during all periods exceeding the Time for
Completion resulting from any cause, Contractor shall submit evidence th at insurance
policies will be in effect during the requested additional period of time. Upon the City’s
request, Contractor shall submit to the City, within 10 days, copies of the actual insurance
policies or renewals or replacements.
5. Insurance Primary. All limits and coverage is required of the Contractor in these
requirements shall be primary over any insurance or self -insurance program carried by
the City and the additional insureds.
6. Joint ventures. If the Contractor is a joint venture involving two or more entities, each
independent entity will satisfy the limits and coverage is specified in these requirements
or the joint venture will be named insured under each policy specified.
7. Waiver of Right to Recovery Including Subrogation. Contractor hereby waives all its
rights of recovery and shall require all insurance policies in any way related to the Work
secured and maintained by the Contractor to include clauses stating each insurer will
waive all rights of recovery, under subrogation or otherwise, against the City and all tiers
of contractors or consultants engaged directly by the City. Contractor will require all tiers
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of subcontractors, vendors and suppliers, by appropriate written agreements, to provide
similar waivers each in favor of all parties enumerated in this paragraph.
8. Cooperation. Contractor shall fully cooperate, participate, and comply with all
reasonable requirements and recommendations of the insurers and insurance brokers
issuing or arranging for issuance of the required policies, in all areas of safety, insurance
program administration, claim reporting and investigating, and audit procedures.
9. If injury occurs to any employee of Contractor, subcontractor, or sub-subcontractor for
which the employee, or the employee’s dependents in the event of the employee’s death,
is entitled to compensation from the City under provisions of the Worker’s Compensation
Insurance and Safety Act, as amended, or for which compensation of any kind is claimed
from the City, the City may retain out of sums due Contractor under the Contract
Documents, an amount sufficient to cover such compensation, as fixed by the Act, as
amended, until such compensation is paid, or until it is determined that no compensation
is due. If the City is compelled to pay compensation, the City may, in its discretion, either
deduct and retain from the Contract Price the amount so paid, or require Contractor to
reimburse the City.
10. Nothing in these requirements shall be construed as limiting in any way the extent to
which Contractor or any subcontractor may be held responsible for payment damages
resulting from their operations. Contractor’s obligations to procure insurance are
separate and independent of, and shall not limit Contractor’s contractual indemnity and
defense obligations. The City does not represent that coverages and limits required in
this contract will necessarily be adequate to protect the Contractor.
11. Except for Worker’s Compensation coverages, Contractor shall by appropriate written
agreements flow-down the additional insured coverage, certificate, endorsement, waiver
of subrogation, and all other requirements of these requirements to all tiers of
subcontractors for all insurance required of such subcontractors by Contractor for the
work.
12. Contractor shall pay all insurance premiums including any charges for required waivers
of subrogation or the endorsement of additional insureds. If Contractor fails to maintain
insurance, the City may take out comparable insurance, and deduct and retain amount
of premium from any sums due Contractor under the Contract Documents. If the
aggregate limits on any Contractor’s insurance policy are no longer available, Contractor
must notify the City and immediately, at Contractor’s expense, purchase replacement
coverage to meet the insurance requirements as specified in these requirements.
Alternatively, the Contractor’s failure to maintain the required insurance shall be grounds
for a termination for default in accordance with the Contract Documents.
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Attachment 7
Exhibit B
Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project
Plans: https://www.dublinplanroom.com/projects/1889/plans/dublin-blvd-slide-repair-
between-inspiration-drive-silvergate-drive/?preview=22472
Specifications: https://www.dublinplanroom.com/projects/1889/specs/dublin -blvd-
slide-repair-between-inspiration-drive-silvergate-drive/?preview=22473
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Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive
GI0221 (FEMA PN: 733034)
Bid Date:
BASE BID
ITEM DESCRIPTION Qty. UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension
1 1 LS $30,000.00 $30,000.00 $52,500.00 $52,500.00 $47,059.00 $47,059.00
2 1 LS $19,000.00 $19,000.00 $44,000.00 $44,000.00 $37,647.00 $37,647.00
3 1 LS $5,000.00 $5,000.00 $7,715.00 $7,715.00 $6,315.00 $6,315.00
4 1 LS $4,500.00 $4,500.00 $14,400.00 $14,400.00 $10,340.00 $10,340.00
5 1 LS $2,500.00 $2,500.00 $24,785.00 $24,785.00 $25,610.00 $25,610.00
6 1,016 CY $155.00 $157,480.00 $104.00 $105,664.00 $102.00 $103,632.00
7 30 TON $700.00 $21,000.00 $870.00 $26,100.00 $830.00 $24,900.00
8 30 CY $250.00 $7,500.00 $720.00 $21,600.00 $131.00 $3,930.00
9 332 CY $290.00 $96,280.00 $300.00 $99,600.00 $288.00 $95,616.00
10 603 CY $320.00 $192,960.00 $260.00 $156,780.00 $302.00 $182,106.00
11 920 SQYD $10.00 $9,200.00 $5.50 $5,060.00 $4.00 $3,680.00
12 130 LF $20.00 $2,600.00 $84.00 $10,920.00 $172.00 $22,360.00
13 735 LF $40.00 $29,400.00 $58.00 $42,630.00 $86.00 $63,210.00
14 6 EA $600.00 $3,600.00 $1,035.00 $6,210.00 $3,813.00 $22,878.00
15 5,000 SQFT $0.75 $3,750.00 $0.40 $2,000.00 $1.00 $5,000.00
16 3 EA $150.00 $450.00 $525.00 $1,575.00 $504.00 $1,512.00
17 240 LF $10.00 $2,400.00 $9.00 $2,160.00 $10.00 $2,400.00
BASE BID TOTAL:$587,620.00 $623,699.00 $658,195.00
DETERMINATION OF LOW BID
Superior Hydroseeding, Inc., Watsonville, CA
Terocons Inc, San Francisco, CAAC Paving
Hydroseed and Fiber Rolls
Traffic Control
List of Sub-Contractors
APPARENT LOW BIDDER
SWPPP
Erosion Control
Description
CITY OF DUBLIN
ENGINEERING DIVISION
BID SUMMARY
May 15, 2025
Temporary Inlet Protection
Underdrain Cleanout Pullbox
Hydroseed
6" Perforated Plastic Pipe Underdrain
6" Non-Perforated Plastic Pipe Underdrain
Project Name:
Project No. :
PUBLIC WORKS DEPARTMENT
Rock Slope Protection Fabric (Class B)
Hot Mix Asphalt (Type A)
Rock Slope Protection (300 lb, Class IV, Method B) (CY)
Rock Slope Protection (150 lb, Class III, Method B) (CY)
Survey Sandis, Cambell, CA
Brannon Corporation
Traffic Control/Detour (7%)
Clear and Grub
Water Pollution Control
Fiber Roll
Class II Aggregate Base
Granite Construction, Inc.
Construction Survey
Roadway Excavation
Mobilization (10%)
Freeman Environmental, Aptos, CA
City Rise LLC, Lodi, CA
Ground Control, Inc.
Ground Control, Inc.
$658,195.00
Granite Construction, Inc.
Nitta Erosion Control, Loomis, CA
Freeman Environmental, Aptos, CA
Brannon Corporation
DR Traffic, San Francisco, CA
Granite Construction, Inc.Brannon Corporation
$587,620.00 $623,699.00
Ground Control, Inc.
Page 1 of 1
Attachment 8
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General Improvements Five-Year Capital Improvement Program 2024-2029 32
Number – GI0221 IMPROVEMENTS Program – GENERAL IMPROVEMENTS
PROJECT DESCRIPTION
Beginning in the end of December 2022 through the first few weeks of 2023, Dublin and most of California experienced damage due to a series of rain fall events that
were declared a major disaster in Alameda County by the President on January 17, 2023. The City experienced damage at various sites, including street rights-of-way,
parks and open space, and facilities and buildings. This project will be utilized to provide for the planning, design, environmental permitting, if necessary, and construction
to make the repairs at various sites impacted. The following locations and types of repairs have been identified:
Dougherty Hills Open Space, Crossridge Road Trailhead – slide repair
Dublin Boulevard, west of Silvergate Road – slide repair
Mape Memorial Park – Pathway Realignment
Shannon Community Center/San Ramon Road – ditch and culvert improvements
Various citywide storm drainage facilities repairs, such as trash racks, culverts, ditches, bank stabilization, etc.
The City will apply for grants for this project through the Federal Emergency Management Agency (FEMA) and California Office of Emergency Services (CalOES).
PROJECT TIMELINE: The clean-up effort has been on-going since the storm events and the planning for the permanent repair began in Fiscal Year 2023-24.
The project is currently in the preliminary engineering and design phase. Construction is anticipated to begin in 2025, dependent on approvals from FEMA and
CalOES.
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 $54,189 $75,000 $129,189
9200 – Contract Services $223,000 $277,000 $300,000 $800,000
9400 – Improvements $825,000 $1,000,000 $1,825,000
TOTAL $1,102,189 $277,000 $1,375,000 $2,754,189
FUNDING SOURCE
PRIOR
YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029
FUTURE
YEARS TOTALS
1001 – General Fund $1,102,189 $277,000 $1,375,000 $2,754,189
TOTAL $1,102,189 $277,000 $1,375,000 $2,754,189
Attachment 9
498
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves
Account Amount Account Amount
GI0221.9400.9401 $660,000
GI0221.1001 $660,000
6/17/2025
Posted By:Date:
**********Finance Use Only**********
CITY OF DUBLIN
These two projects, along with five other storm damage repair projects, are a part of the Resiliency and Disaster
Preparedness Improvements Capital Improvement Program (CIP) project, CIP No. GI0221. With the previously awarded
construction and the in-process preliminary engineering and design work, there is a funding need of approximately $660,000
to award construction contracts for the Dougherty Hills Open Space Slide and Trail Repair Project and the Dublin Boulevard
Slide Repair-Between Inspiration Drive and Silvergate Drive Project. Staff recommends a budget change of $660,000 from
the General Fund to increase the budget of CIP No. GI0221.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2024-25
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
GI0221 - Resiliency and Disaster Preparedness
Improvements
GI0221 - Resiliency and Disaster Preparedness
Improvements - General Fund
City Council's Approval Required
Attachment - 10
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