Loading...
HomeMy WebLinkAbout*May 6, 2025 Regular City Council Meeting PacketMay 06, 2025 Dublin City Council Regular Meeting Agenda 1 Additional Meeting Procedures This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures: - Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, May 6, 2025. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the staff presentation ends, or until the public comment period on non-agenda items is closed. - Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform. - When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom. - Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option. 1 May 06, 2025 Dublin City Council Regular Meeting Agenda 2 CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS AND PROCLAMATIONS 3.1 The City Council will present the Affordable Housing Month Proclamation. Present the proclamation. Staff Report Attachment 1 - Affordable Housing Month Proclamation The City Council will present the Lupus Awareness Month Proclamation. Present the proclamation. Staff Report Attachment 1 - Lupus Awareness Month Proclamation The City Council will present the Job’s Daughters International Day Proclamation. Present the proclamation. Staff Report Attachment 1 - Job's Daughters International Day Proclamation PUBLIC COMMENT At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. The City Council will consider approving the minutes of the April 15, 2025 Regular City Council Meeting. 2 May 06, 2025 Dublin City Council Regular Meeting Agenda 3 Approve the minutes of the April 15, 2025 Regular City Council Meeting. Staff Report Attachment 1 - April 15, 2025 Regular City Council Meeting Minutes The City Council will consider authorizing the submission of an Affordable Housing and Sustainable Communities (AHSC) Program grant application, jointly with The Related Companies of California, LLC, for the Amador Station affordable housing project. The City Council will also consider approving an agreement with The Related Companies for the implementation of the AHSC grant. If awarded, the grant will help fund the construction of the Amador Station affordable housing project, transportation-related improvements by the City, the developer, and Livermore Amador Valley Transit Authority (LAVTA), operating funds for LAVTA, and the purchase of three Bay Area Rapid Transit rail cars. Adopt the Authorizing Application for the Affordable Housing and Sustainable Communities Program and Approving the Affordable Housing and Sustainable Communities Co-Applicants’ Agreement. Staff Report Attachment 1 - Resolution Authorizing Application for the Affordable Housing and Sustainable Communities Program and Approving the Affordable Housing and Sustainable Communities Co-Applicants’ Agreement Attachment 2 - Exhibit A to the Resolution - AHSC Co-Applicants’ Agreement The City Council will consider approving the plans and specifications and awarding a construction contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project. The project will relocate a pathway, fencing, site furnishings, turf, and associated irrigation away from the creek bank that was damaged in the 2022-2023 storms. Adopt the Approving the Plans and Specifications and Awarding a Contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221. Staff Report Attachment 1 - Resolution Approving the Plans and Specifications and Awarding a Contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221 Attachment 2 - Exhibit A to Resolution - Agreement with CLS Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221 Attachment 3 - CIP No. GI0221 Attachment 4 - Mape Memorial Park Pathway Relocation Bid Results The City Council will approve the Frontline Worker Appreciation Month Proclamation. Approve the proclamation. 3 May 06, 2025 Dublin City Council Regular Meeting Agenda 4 Staff Report Attachment 1 - Frontline Worker Appreciation Month Proclamation The City Council will consider approving an agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services in a Progressive Design-Build delivery method for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223 and GI0423. The project includes the design phase of future improvements to and preventative maintenance of the exterior building envelopes of the following City of Dublin facilities: Civic Center, Library, Clock Tower, Kolb House Museum, Sunday School Barn, Murray Schoolhouse Museum, Old St. Raymond’s Church, Senior Center, The Wave, Fire Stations 16, 17, and 18. Adopt the Approving an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223, and GI0423. Staff Report Attachment 1 - Resolution Approving an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services for the Exterior Improvements Project Attachment 2 - Exhibit A to the Resolution - Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services Attachment 3 - CIP Nos. GI0122, GI0125, GI0223, and GI0423 Attachment 4 - Request for Qualifications from Design-Build Entities PUBLIC HEARING – None. 7. UNFINISHED BUSINESS – None. 8. NEW BUSINESS 8.1 The City Council will consider the funding recommendations for the Human Services Grant Program and approve funding allocations for Fiscal Years 2025-26 and 2026-27. Adopt the Approving Human Services Grant Program Funding Recommendations for Fiscal Years 2025-26 and 2026-27. Staff Report Attachment 1 - Resolution Approving Human Services Grant Program Funding Recommendations for Fiscal Years 2025-26 and 2026-27 Attachment 2 - Exhibit A to the Resolution - Human Services Commission Funding Recommendations for Fiscal Years 2025-26 and 2026-27 Attachment 3 - City of Dublin Mission and Vision Statements Attachment 4 - 2024 Eastern Alameda County Human Services Needs Assessment Community-Level Challenges and Opportunity Areas 4 May 06, 2025 Dublin City Council Regular Meeting Agenda 5 Attachment 5 - Community Grant Program Guiding Principles and Rating Guide Attachment 6 - Fiscal Years 2025-26 and 2026-27 Human Services Grant Applications 8.1 - PowerPoint Presentation The City Council will receive a report on current laws and efforts by Dublin Police Services to conduct education and enforcement in the community related to the use of electric bicycles and electric scooters. The report includes recommended action items designed to enhance outreach and ensure compliance with applicable laws and regulations Receive the report and provide direction on the creation of a bicycle ordinance and administrative citation program, and enhanced education and enforcement efforts. Staff Report 8.2 - PowerPoint Presentation CITY MANAGER AND CITY COUNCIL REPORTS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility. Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe, secure, and sustainable environment, fosters new opportunities, and champions a culture of equity, diversity, and inclusion. 5 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 3.1 DATE:May 6, 2025 TO:Honorable Mayor and City Councilmembers FROM:Colleen Tribby, City Manager SUBJECT:Affordable Housing Month Proclamation Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will present the Affordable Housing Month Proclamation. STAFF RECOMMENDATION: Present the proclamation. FINANCIAL IMPACT: None. DESCRIPTION: May is Affordable Housing Month, is an opportunity to raise awareness about the need for affordable housing and to educate the community on how affordable housing benefits us all. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Affordable Housing Month Proclamation 6 Attachment 1 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Affordable Housing Month” WHEREAS, quality affordable homes are vital to healthy, safe, and vibrant and diverse communities; and WHEREAS, stable affordable homes are part of the solution to homelessness, and support seniors, families, youth, veterans, people with disabilities or special needs, and our whole community; and WHEREAS,the rising cost of housing threatens our regions’ diversity and economic prosperity; and WHEREAS,the role of local governments and non-profit organizations are critical in maintaining support for producing, preserving, and protecting affordable housing opportunities for low-income communities. WHEREAS, after 41 years East Bay Housing Organizations continues to champion affordable housing in the East Bay and will feature events acknowledging the need for and benefits of affordable housing;and WHEREAS, local jurisdictions like the City of Dublin can play an important role by supporting investments in affordable housing; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May as Affordable Housing Month in the City of Dublin and works to support affordable and stable housing at the local, regional, state, and federal levels. DATED: May 6, 2025 Mayor Sherry Hu Vice Mayor Kashef Qaadri _______ Councilmember Jean Josey Councilmember Michael McCorriston Councilmember John Morada 7 STAFF REPORT CITY COUNCIL Page 1 of 2 Lupus Awareness Month Proclamation The City Council will present the Lupus Awareness Month Proclamation. Present the proclamation. None. Lupus Awareness Month is recognized annually in May. Lupus is a chronic autoimmune disease that causes inflammation of various parts of the body particularly the skin, heart, joints, and kidneys. Lupus research shows that close to two million Americans have been diagnosed with lupus, which strikes women nine times more frequently than it does men. Early diagnosis and proper treatment are crucial to the quality of life and survival rate of lupus sufferers. Increased public awareness, education, and research are the key to winning the battle against the disease. None. 8 Page 2 of 2 The City Council Agenda was posted. 1) Lupus Awareness Month Proclamation 9 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Lupus Awareness Month” WHEREAS, systemic lupus erythematosus (lupus)is a chronic autoimmune disease in which the immune system randomly attacks the body's own tissues and vital organs, including the kidneys, brain, heart, lungs, blood, skin, and joints. It is a leading cause of premature cardiovascular disease, kidney disease and stroke among young women; and WHEREAS, lupus affects close to two million people in the United States, causing thousands of people (90% are young women, and disproportionately women of color)to be newly diagnosed with lupus annually; and WHEREAS,lupus is one of the most difficult diseases to diagnose because the symptoms come and go, mimic those of other diseases, and there is no single test that can definitively identify the illness. Early diagnosis and treatment usually lessen the progression and severity of the disease and are vital to preserving health and preventing further complications, organ damage, and death; and WHEREAS,lupus impacts more than just the life of the patient, it affects the patient’s family, friends, coworkers, employers, and community. Existing public information and programs about lupus remain inadequately disseminated and insufficient in addressing the needs of specific diverse populations and underserved groups; and WHEREAS,the Lupus Foundation of Northern California, serving California from Santa Cruz to the Oregon border, was founded as a non-profit organization to alleviate suffering for lupus patients through patient and family services, achieve early detection of undiagnosed cases through awareness promotion, and champion lupus research with the goal of eradicating this disease. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May to be Lupus Awareness Month in the City of Dublin and encourages all residents to observe this month by educating themselves on the symptoms and impacts of lupus. DATED: May 6, 2025 Mayor Sherry Hu Vice Mayor Kashef Qaadri _______ Councilmember Jean Josey Councilmember Michael McCorriston Councilmember John Morada Attachment 1 10 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.3 DATE:May 6, 2025 TO:Honorable Mayor and City Councilmembers FROM:Colleen Tribby, City Manager SUBJECT:Job’s Daughters International Day Proclamation Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will present the Job’s Daughters International Day Proclamation. STAFF RECOMMENDATION: Present the proclamation. FINANCIAL IMPACT: None. DESCRIPTION: Job’s Daughters International (JDI) is an organization for young women between the ages of 10 and 20 that provides a safe space for girls to learn leadership skills and be an active part of their communities. JDI Bethel No. 1 Dublin has participated in numerous volunteer events, including but not limited to the City of Dublin’s St. Patrick’s Day festivities and Eggstravaganza, as well as various school clean-up projects. Job’s Daughters International Day is observed on May 27. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. 11 Page 2 of 2 ATTACHMENTS: 1) Job’s Daughters International Day Proclamation 12 Attachment 1 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Job’s Daughters International Day” WHEREAS, Job’s Daughters International (JDI)is an organization for young women between the ages of 10 and 20, with over one million members and alumni worldwide over the course of the last 100 years. JDI provides a safe place for girls to have fun, learn leadership skills, and be an active part of their community. JDI also offers its members with a life-long community of support to help them succeed in society, and through local gatherings and service projects, provides a place for girls to become confident women; and WHEREAS,JDI was founded by Ethel T. Wead Mick in Nebraska and expanded to California by Elsie Bonneville Daskam with the first Bethel receiving their charter signed on June 9,1923,in Oakland,CA. Bethel No.1 moved from Oakland to Dublin in 1983 and is one of 70 Bethels in the State of California; and WHEREAS, JDI Bethel No. 1 Dublin has played a vital role in the community through their generous charitable contributions, including volunteering and providing support during the City of Dublin’s St.Patrick’s Day festivities and Eggstravaganza, as well as helping with various school clean-up projects; and WHEREAS, JDI of California, in partnership with the California Masonic Families, offers tens of thousands of dollars annually in scholarships and grants to its members and in support of local, regional, and international charities; and WHEREAS, the City of Dublin encourages youth to get involved in organizations such as JDI who, through business meetings, leadership camps, and organizing events and fundraisers, helps young women develop the skills needed to be outstanding leaders. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May 27, 2025,as “Job’s Daughters International Day” in the City of Dublin, and encourages the support of the Job’s Daughters International program and its participants, and the work they do to enable youth to realize their full potential. DATED: May 6, 2025 Mayor Sherry Hu Vice Mayor Kashef Qaadri _______ Councilmember Jean Josey Councilmember Michael McCorriston Councilmember John Morada 13 Agenda Item 5.1 STAFF REPORT CITY COUNCIL Page 1 of 1 The City Council will consider approving the minutes of the April 15, 2025 Regular City Council Meeting. Approve the minutes of the April 15, 2025 Regular City Council Meeting. None. The City Council will consider approving the minutes of the April 15, 2025 Regular City Council Meeting. None. The City Council Agenda was posted. 1) April 15, 2025 Regular City Council Meeting Minutes Approval of April 15, 2025 Regular City Council Meeting Minutes 14 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Regular Meeting: April 15, 2025 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING April 15, 2025 The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at:https://dublin.ca.gov/ccmeetings REGULAR MEETING 7:00 PM A Regular Meeting of the Dublin City Council was held on Tuesday, April 15, 2025, in the Peter W. Snyder Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hu. 1)CALL TO ORDER Attendee Name Status Dr. Sherry Hu, Mayor Present Kashef Qaadri, Vice Mayor Present Jean Josey, Councilmember Present Michael McCorriston, Councilmember Present John Morada, Councilmember Present (left at 10:01 PM) 2)PLEDGE OF ALLEGIANCE 3)PRESENTATIONS AND PROCLAMATIONS 3.1)American Muslim Appreciation and Awareness Month Proclamation The City Council presented the American Muslim Appreciation and Awareness Month proclamation. 3.2)Arts, Culture, and Creativity Month Proclamation The City Council presented the Arts, Culture, and Creativity Month proclamation. 3.3)Sexual Assault Awareness Month Proclamation The City Council presented the Sexual Assault Awareness Month proclamation. Attachment 1 15 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING April 15, 2025 4)PUBLIC COMMENT None. 5)CONSENT CALENDAR 5.1)Approved the March 29, 2025 Special City Council Meeting Minutes and April 1, 2025 Regular City Council Meeting Minutes. 5.2)Adopted Resolution No. 22-25 titled, “Approving the Plans and Specifications and Awarding a Contract to Pavement Coatings Co. for the Annual Street Resurfacing (2025 Street Resurfacing Project), CIP No. ST0117.” 5.3)Adopted Resolution No.23-25 titled, “Approving the Preliminary Engineer’s Reports, Declaring Intent to Levy and Collect Assessments, and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1.” 5.4)Received notification of the City Engineer’s pending approval of the Final Map for Tract 8452, Planning Area 3 (PA-3) The Dublin Centre (The DC). 5.5)Received a report of payments issued from March 1, 2025 – March 31, 2025, totaling $5,815,425.98. 5.6)Waived the reading and adopted Ordinance No. 03-25 titled, “Designating Fire Hazard Severity Zones in the City of Dublin Based on the Recommendation of the State Fire Marshal.” On a motion by Vice Mayor Qaadri, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted the Consent Calendar. RESULT:ADOPTED [UNANIMOUS] MOVED BY:Kashef Qaadri, Vice Mayor SECOND:Jean Josey, Councilmember AYES:Hu, Josey, McCorriston, Qaadri, Morada 6)PUBLIC HEARING 6.1)Status Update on Vacancies in Compliance with Assembly Bill 2561 16 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING April 15, 2025 The City Council received a presentation on position vacancies for 2024, in compliance with Assembly Bill 2561 – Local public employees; vacant positions. Mayor Hu opened the Public Hearing. Upon receiving no public comment, Mayor Hu closed the Public Hearing. On a motion by Councilmember Josey, seconded by Vice Mayor Qaadri, and by unanimous vote, the City Council directed Staff to continue recruitment and retention efforts. RESULT:DIRECTION PROVIDED MOVED BY:Jean Josey, Councilmember SECOND:Kashef Qaadri, Vice Mayor AYES:Hu, Josey, McCorriston, Qaadri, Morada 7)UNFINISHED BUSINESS –None. 8)NEW BUSINESS 8.1)Preliminary Fiscal Year 2025-26 General Fund Budget The City Council received a presentation regarding the Preliminary Fiscal Year 2025-26 Budget, focusing on the General Fund. Mike Grant provided public comment. The City Council asked clarifying questions, provided feedback, and directed Staff to do further evaluation of potential cost-cutting measures while maintaining a high level of services, revenue enhancements, and the scaling back of capital projects that utilize General Fund contributions, prior to the June 3 meeting. Mayor Hu called for a break at 9:20 PM. Mayor Hu reconvened the meeting at 9:29 PM. 8.2)Preliminary 2024-2029 Five-Year Capital Improvement Program Update The City Council received a presentation regarding the Preliminary 2024-2029 Five-Year Capital Improvement Program (CIP), in preparation for the CIP Update scheduled for June 3, 2025. Councilmember Morada left the meeting at 10:01 PM. 17 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING April 15, 2025 The City Council asked clarifying questions, provided feedback, and directed Staff to do further analysis of projects, including prioritizing them with an emphasis on General Fund-funded and grant-funded projects, prior to the June 3 meeting. 9)CITY MANAGER AND CITY COUNCIL REPORTS The City Council and Staff provided brief information-only reports, including committee reports and reports related to meetings attended at the City’s expense (AB1234). By consensus, the City Council directed Staff to bring a proclamation for Frontline Worker Appreciation Month back for approval on May 6 and add it to the Annual Proclamation. 10)ADJOURNMENT Mayor Hu adjourned the meeting at 10:26 PM. Mayor ATTEST: City Clerk 18 STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 5.2 DATE:May 6, 2025 TO:Honorable Mayor and City Councilmembers FROM:Colleen Tribby, City Manager SUBJECT:Affordable Housing and Sustainable Communities Program Application and Associated Agreement Prepared by: Sai Midididdi, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will consider authorizing the submission of an Affordable Housing and Sustainable Communities (AHSC) Program grant application, jointly with The Related Companies of California, LLC, for the Amador Station affordable housing project. The City Council will also consider approving an agreement with The Related Companies for the implementation of the AHSC grant. If awarded, the grant will help fund the construction of the Amador Station affordable housing project, transportation-related improvements by the City, the developer, and Livermore Amador Valley Transit Authority (LAVTA), operating funds for LAVTA, and the purchase of three Bay Area Rapid Transit rail cars. STAFF RECOMMENDATION: Adopt the Resolution Authorizing Application for the Affordable Housing and Sustainable Communities Program and Approving the Affordable Housing and Sustainable Communities Co-Applicants’ Agreement. FINANCIAL IMPACT: Funding from the Affordable Housing and Sustainable Communities grant program is provided by the California Greenhouse Gas Reduction Fund, an account established to receive Cap- and-Trade auction proceeds. If the grant is awarded, it will fund a portion of the Amador Station affordable housing project, associated infrastructure procurement and improvements, and transit program elements. The City would use a portion of the grant funds for design, construction, project management, and grant administration of pedestrian and bicycle infrastructure improvements within public streets. 19 Page 2 of 5 DESCRIPTION: Background On March 21, 2023,and on February 20, 2024, the City Council adopted resolutions authorizing applications for the Affordable Housing and Sustainable Communities (AHSC) Program and approving AHSC Co-Applicants' Agreement (Resolution 25-23 and Resolution 13-24). The Resolutions were in response to Notices of Funding Availability (NOFA) issued by the California Strategic Growth Council (SGC) and the Department of Housing and Community Development (HCD),under the AHSC program. The resulting 2023 and 2024 applications were not selected for AHSC grant funding. On March 25, 2025, SGC and HCD issued a new NOFA,providing another opportunity for the City to partner with The Related Companies of California, LLC to apply for Round 9 of the AHSC program. The program provides grant funds for affordable housing projects that support sustainable communities by reducing greenhouse gas (GHG) emissions. Emission reductions are achieved through strategies that increase access to affordable housing and community amenities via low-carbon transportation options, such as walking, biking, and transit. These efforts aim to reduce the vehicle miles traveled through shortened trip lengths or mode shifts from single-occupancy vehicle use. Project Description The Amador Station project is located on a vacant 3.6-acre parcel owned by the San Francisco Bay Area Rapid Transit (BART)at 6501 Golden Gate Drive. This site is located adjacent to the West Dublin/Pleasanton BART Station (Figure 1). The site is bounded by I-580 to the south, Avalon West residential development to the west, Connolly Station residential community to the north, and Golden Gate Drive to the east. The property lies within the Transit Oriented District of the Downtown Dublin Specific Plan (DDSP)and is being developed by The Related Companies of California, LLC.The Related Companies of California LLC is partnering with Affordable Housing Access, a non-profit agency, for this project. Figure 1:Location Map Grant Funding AHSC program funds are allocated through a competitive process, based on the merits of the SUBJECT PROPERTAvalo n West Conne lly 20 Page 3 of 5 application to support a sustainable housing development that improves transit, walking, and biking infrastructure. The AHSC grant provides an opportunity for the City to partner with The Related Companies of California, LLC to receive funds for bicycle and pedestrian infrastructure improvements. Partnering with the City will result in a complete and competitive AHSC grant application. The Related Companies will also be entering into separate agreements with the Valley Transit Authority (VTA) for the purchase of three BART rail cars and with Livermore Amador Valley Transit Authority (LAVTA) to provide infrastructure and operating funds. VTA is collaborating with BART on the Silicon Valley Extension Project, with VTA managing construction and funding, and BART operating the service. The procurement of BART rail cars provides the project with a competitive application by providing a strong GHG emission reduction component. Discussions between Staff, Related Companies, VTA, and LAVTA have resulted in a proposed AHSC grant application that, if successful, will help fund the affordable housing project, acquisition of BART rail cars, pedestrian and bicycle infrastructure improvements, transit passes, and other program elements. The AHSC program limits the total requested program funding amount to $50,000,000, of which up to $35,000,000 may be requested as a loan for Affordable Housing Development or Housing Related Infrastructure to fund the Amador Station affordable housing project. A maximum of $15,000,000 can be requested for Sustainable Transportation Infrastructure which includes a maximum of $600,000 for Program activities. Costs incurred for required transit passes will not contribute to the $600,000 Program activities cap. These activities are defined in the AHSC Program Guidelines as follows: “Affordable Housing Development” means a capital project of residential development or the residential portion of a mixed-use development in which at least 20 percent of the total units are Affordable Units. “Housing Related Infrastructure” means a capital infrastructure improvement required as a condition of approval of an Affordable Housing Development by a Locality, transit agency, or special district such as sewer, water, or utility system upgrades, streets, drainage basins, etc. or a capital infrastructure improvement allowed under Section 103(c). “Sustainable Transportation Infrastructure” means capital projects that result in the improvement or addition of infrastructure that encourages mode-shift from single occupancy vehicles by enhancing: 1) public transit service, 2) pedestrian networks, or 3) bicycle networks (includes public bike-share programs), as well as transit operations expenditures that directly support transit expansion, within the defined project area meeting the transit requirements detailed in Section 102. Table 1 below provides an overview of the requested funding amount and allocations. 21 Page 4 of 5 Table 1: Funding Request Amounts AHSC Loan Type Maximum Funding Amount Per Program Guidelines Anticipated Funding Request, Not to Exceed Description Funds Recipient Affordable Housing Development (AHD)or Housing related infrastructure $35,000,000 $35,000,000 Phase 1A – Amador Station The Related Companies of California, LLC/Affordable Housing Access Sustainable Transportation Infrastructure (STI) $15,000,000 $8,350,000 BART cars VTA via The Related Companies of California, LLC/ Affordable Housing Access $5,000,000 Bicycle and Pedestrian Improvements Project City of Dublin $500,000 New Sidewalk – On AHD Site Pedestrian Improvements The Related Companies of California, LLC/Affordable Housing Access $200,000 Bus Shelters LAVTA via The Related Companies of California, LLC/ Affordable Housing Access $200,000 Transit Signal Priority (TSP) LAVTA via The Related Companies of California, LLC/ Affordable Housing Access Program Costs (PGM) $300,000*Transit Passes* The Related Companies of California, LLC/ Affordable Housing Access $450,000 Program Component (TBD) The Related Companies of California, LLC/ Affordable Housing Access * Costs incurred for required transit passes do not contribute to the $600,000 Program Costs cap. 22 Page 5 of 5 City Project As shown in the table above, the AHSC application includes a funding request of $5,000,000 for pedestrian and bicycle infrastructure improvements within the City public street rights-of- way. The proposed City project includes pedestrian improvements by reconstructing existing sidewalks to improve accessibility and meet current standards on Regional Street from St. Patrick Way to Dublin Boulevard, and on Dublin Boulevard from Regional Street to Golden Gate Drive. The grant application includes a request for funding bicycle improvements that include installing Class II bicycle lanes on Sierra Court north of Dublin Boulevard and on Sierra Lane from Sierra Court to Dougherty Road, and a Class III bikeway or a Bicycle Boulevard, including signs and shared lane markings, on Civic Plaza south of Dublin Boulevard connecting to the Alamo Canal Trail. Additionally, the AHSC grant will provide funds for five new bus shelters in Dublin, as well as funding for Transit Signal Prioritization along Village Parkway, both of which were identified in partnership with LAVTA. Agreement between the City and The Related Companies To comply with the AHSC program requirements, the City and The Related Companies are required to enter into the AHSC Co-Applicants’ Agreement (Attachment 2). The agreement defines the terms and responsibilities for the City and The Related Companies to implement and deliver their respective improvements to comply with the AHSC program requirements. The AHSC application deadline is May 28, 2025. Announcement of AHSC award recipients is anticipated to be in December 2025. STRATEGIC PLAN INITIATIVE: Strategy 3: Housing Inclusivity and Affordability. Objective 3B: Support efforts to produce housing affordable at all levels of income. Strategy 5: Long-Term Infrastructure and Sustainability Investments. Objective 5A: Continue to explore funding mechanisms for capital and ongoing maintenance needs. Objective 5C: Continue to make progress on the Climate Action Plan and sustainable operations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Authorizing Application for the Affordable Housing and Sustainable Communities Program and Approving the Affordable Housing and Sustainable Communities Co-Applicants’ Agreement 2) Exhibit A to the Resolution – AHSC Co-Applicants’ Agreement 23 Attachment 1 Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 1 of 3 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING APPLICATION FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM AND APPROVING THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES CO-APPLICANTS’ AGREEMENT WHEREAS, on August 10, 2021, the Planning Commission approved the Site Development Review Permit for the proposed 300-unit Amador Station development by BRIDGE Dublin, LLC., on a 3.6-acre vacant property owned by the San Francisco Bay Area Rapid Transit District (BART) on Golden Gate Drive, adjacent to the West Dublin/Pleasanton BART Station. The Site Development Review Permit approval was contingent upon subsequent approval of a Community Benefit Program Agreement by the City Council; and WHEREAS, on September 21, 2021, the City Council approved the Community Benefit Program Agreement and Affordable Housing Assistance Agreement between the City and BRIDGE Dublin, LLC; and WHEREAS, BRIDGE Dublin, LLC, has subsequently partnered with The Related Companies of California, LLC, a for profit affordable housing developer; and WHEREAS, on February 21, 2023, the City Council approved amendments to the Community Benefit Program Agreement and Affordable Housing Assistance Agreement between the City and The Related Companies of California, LLC; and WHEREAS, the State of California, the Strategic Growth Council (SGC) and the Department of Housing and Community Development (Department) issued a Notice of Funding Availability on March 25, 2025 (NOFA), under the Affordable Housing and Sustainable Communities (AHSC) Program established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200; and WHEREAS, The Related Companies of California, LLC, engaged the City on partnering on the AHSC Program grant application in an effort to prepare a complete and competitive application; and WHEREAS, The Related Companies of California, LLC, and the City (Applicant) desire to apply for AHSC Program funds and submit the Application Package released by the Department for the AHSC Program; and WHEREAS,The Related Companies of California, LLC., and the City desire to enter into an agreement that defines the terms and responsibilities for the City, and The Related Companies, LLC to implement and deliver their respective improvements to comply with the AHSC program requirements, attached hereto as Affordable Housing and Sustainable Communities Program Co- Applicants’ Agreement (Exhibit A); and WHEREAS, the AHSC Program Application includes up to $5,000,000, for improvements to bicycle and pedestrian infrastructure in the City of Dublin and in the vicinity of the project; and 24 Attachment 1 Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 2 of 3 WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. The Department is authorized to administer the approved funding allocations of the AHSC Program. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby make the following findings and determinations: 1. Applicant is hereby authorized and directed to apply for and submit to the Department the AHSC Program Application as detailed in the NOFA dated March 25, 2025, for Round 9 in a total amount not to exceed $50,000,000.00 of which up to $35,000,000.00 is requested as a loan for an Affordable Housing Development (AHD) (“AHSC Loan”) or Housing-Related Infrastructure (HRI), and $15,000,000.00 is requested for a grant for Sustainable Transportation Infrastructure (STI) or Program (PGM) activities (“AHSC Grant”) as defined in the AHSC Program Guidelines adopted by SGC on Feb. 24, 2025. If the application is approved, the Applicant is hereby authorized and directed to enter into,execute,anddeliveraStateofCaliforniaStandard Agreement(Standard Agreement) in a total amount not to exceed $50,000,000.00 ($35,000,000.00 for the AHSC Loan and $15,000,000.00 for the AHSC Grant), and any and all other documents required or deemed necessary or appropriate to secure the AHSC Program funds from the Department, and all amendments thereto (collectively, the “AHSC Documents”). 2. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. 3. The City Manager or designee is authorized to execute in the name of Applicant the AHSC Program Application Package and the AHSC Program Documents as required by the Department for participation in the AHSC Program. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the Affordable Housing and Sustainable Communities Program Co-applicants’ Agreement, 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. 25 Attachment 1 Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 6th day of May 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 26 1 Attachment 2 Exhibit A to the Resolution AHSC CO-APPLICANTS’ AGREEMENT This AHSC Co-Applicants' Agreement (the “Agreement”) is made as of____, 2025, by and amongst the City of Dublin (the “City”) and The Related Companies of California, LLC, a California limited liability company (the “Developer”) with reference to the following facts and purposes: RECITALS A. Developer intends to develop that certain real property located in the City of Dublin (the “Property”) commonly referred to as (the “Project”). Developer has formed Amador Station Phase 1 Housing Partners, LP, a California limited partnership (Partnership), who will own and operate the Project. B. The State of California, the Strategic Growth Council (SGC) and the Department of Housing and Community Development (HCD) issued a Notice of Funding Availability dated March 25, 2025 (the AHSC NOFA), under the Affordable Housing and Sustainable Communities (AHSC) Program established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200. C. Developer and the City, as co-applicants, jointly applied for funds under the AHSC NOFA to provide funding for the Project, as well as funding for transportation- related public improvements to be constructed by the City. D. HCD awarded Developer and the City an aggregate amount of $up to $50,000,000 in AHSC Program Funds consisting of (A) $up to $35,000,000 for a permanent loan for the Project (AHSC Loan) and (B)$up to $50,000,00 for a grant (AHSC Grant), which shall be used for: (i)$up to $5,000,000 for construction of the City’s Sustainable Transportation Infrastructure improvements (STI Improvements). The AHSC Grant and the AHSC Loan are collectively referred to herein as the “AHSC Financing.” E. As co-applicants, the City and Developer are required to enter into certain agreements with HCD, including but not limited to standard agreements and a disbursement agreement (collectively, the AHSC Documents), where City and Developer will be jointly and severally liable for the full and timely performance of all obligations set forth in the AHSC Documents, including completion of the Project and the STI Improvements. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties hereto agree as follows: 27 2 AGREEMENT 1. Obligations 1.1.The City and Developer each acknowledge and agree that the inability or failure by either party to fully and timely complete each party’s respective improvements required by the AHSC Documents may affect the timing and right of the other party to receive disbursement of AHSC Financing due the other party notwithstanding the other party’s full and timely performance of its obligations. Developer has informed the City and the City acknowledges that if the City is not in compliance with the City’s obligations under the AHSC Documents, or the STI Improvements are not completed in accordance with the requirements and schedule under the AHSC Documents, the City may cause a default under AHSC Documents, and the documents evidencing the Partnership’s loans and financing for the Project (the “Partnership Financing Documents”). The City and Developer each acknowledge and agree that each, for itself, will exercise all commercially reasonable, good faith efforts to do all things at all times necessary to commence and complete each party’s own improvements in accordance with the AHSC Documents. The City and Developer agree to give the other party a written monthly status report on the improvements to be constructed and/or installed by each party, i.e., Developer will report on the Partnership’s progress on the Project, and the City will report on the progress of the STI Improvements. 1.2.If requested by either party, the other party will make available copies of approved design and construction documents, written public notices, and/or construction contracts. If either party anticipates not meeting the targeted construction and grant disbursement milestones as established in the AHSC Documents, that party will notify the other party in writing. If either party anticipates not being able to meet the required milestone dates as established in the AHSC Documents, that party will contact the other party as soon as is reasonably possible to discuss the reasons why the milestone dates may not be met and what actions the delayed party intends to take to meet the milestones or otherwise rectify the Project schedule in order to maintain good standing with the terms and conditions established in the AHSC Documents. 1.3.The City shall submit to HCD all draw requests for AHSC Grant funds for the costs associated with the STI Improvements, and apply such proceeds to pay invoices for such work. The City shall be solely responsible for the performance and completion of the STI Improvements in accordance with the terms of the AHSC Documents and the approved design and construction documents. The Partnership shall be solely responsible for the performance and completion of the Project in accordance with the terms of the AHSC Documents and the approved design and construction documents. 28 3 1.4.The City will provide Developer with copies of all requisitions for work related to the STI Improvements, the notice of completion, and other documents related to the STI Improvements that Developer may reasonably request. 1.5.Developer assumes responsibility for any monitoring or reporting of reductions in greenhouse gas emissions during the term of the Standard Grant Agreement, which is one of the AHSC Documents. The City will cooperate with Developer and assist in responding to any reporting requests to the extent feasible. 2. Term of Agreement The term of this Agreement shall coincide with the term of the AHSC Documents. 3. Developer Indemnification 3.1 Developer shall indemnify, defend (with counsel approved by City), and hold the City and its officers, directors, employees, agents, consultants (collectively, “City Indemnitees”) harmless from and against any and all claims, losses, costs, damages, liability and judgments, including reasonable attorneys’ fees (with counsel of City’s choice), incurred by or asserted against any City Indemnitees arising in connection with any breach by Developer, the Partnership, any affiliate of Developer, or any contractor, subcontractor, agent or employee of Developer, the Partnership or any affiliate of Developer of any term or condition of the AHSC Financing, including the AHSC Documents and any related documents executed by Developer, the Partnership, or any affiliate of Developer; provided, that Developer’s indemnification obligations under this Agreement shall not extend to claims resulting solely from the gross negligence or willful misconduct of City Indemnitees. It is further agreed that City does not and shall not waive any rights against Developer or the Partnership that it may have by reason of this indemnity and hold harmless agreement because of City’s acceptance, or Developer’s or the Partnership’s deposit with City of any of the insurance policies. 3.2 City shall indemnify, defend (with counsel approved by Developer), and hold the Developer, the Partnership and their respective officers, directors, employees, agents, consultants and partners (collectively, “Developer Indemnitees”) harmless from and against any and all claims, losses, costs, damages, liability and judgments, including reasonable attorneys’ fees (with counsel of Developer’s choice), incurred by or asserted against any Developer Indemnitees arising in connection with any breach by City, or any division, department, office, contractor, subcontractor, agent or employee of City of any term or condition of the AHSC Financing, including the AHSC Documents, and any related documents executed by City; provided, that City’s indemnification obligations under this Agreement shall not extend to claims resulting solely from the gross negligence or willful misconduct of Developer Indemnitees. It is further agreed that Developer does not and shall not waive any rights against City that it may have by reason of this indemnity and hold harmless agreement because of Developer’s acceptance, or City’s deposit with Developer of any of the insurance policies. 29 4 4. Cost Overruns Developer and/or the Partnership shall be responsible for paying all costs required to complete the Project irrespective of whether such costs exceed the AHSC Loan proceeds, and the City shall be responsible for paying all costs required to complete the STI Improvements irrespective of whether such costs exceed the AHSC Grant proceeds allocated to the STI Improvements. 5. General Provisions 5.1.Headings. The title and headings of the various Sections of this Agreement are intended for means of reference and are not intended to place any construction on the provisions of this Agreement. 5.2.Invalidity. If any provision of this Agreement shall be invalid or unenforceable the remaining provisions shall not be affected thereby, and every provision ofthis Agreement shall be valid and enforceable to the fullest extent permitted by law. 5.3.Entire Agreement. The terms of this Agreement are intended by theparties hereto as a final expression of their agreement and may not be contradicted by evidence of any prior or contemporaneous agreement. No provision of this Agreement may be amended except by an agreement in writing signed by the parties hereto or their respective successors in interest. The parties hereto were represented by attorneys with regard to the drafting of this Agreement, and neither party shall be deemed to be the drafter of this Agreement. 5.4.Successors. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. 5.5.Governing Law; Venue. This Agreement shall be governed by the law of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Francisco. 5.6.Execution. This Agreement may be executed in multiple counterpart originals. 5.7.Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed, either by the parties hereto or by any third party, to create the relationship of principal and agent or create any partnership, joint venture or other association between the City and Developer. 30 5 5.8.Notices. All notices, including deliveries of documentation (i.e., plans and contracts) for review and approval herein, shall be sent be a party hereto or its counsel by either personal delivery, a reputable overnight courier which keeps receipts of delivery (such as UPS, CalOvernight, or Federal Express), or through the facilities of the United States Post Office, postage prepaid, certified or registered mail, return receipt requested. Any such notice shall be effective upon delivery, if delivered by personal delivery or overnight courier, and 72 hoursafter dispatch, if mailed in accordance with the above. Notice to the respective parties shall be sent to the following addresses unless written notice of a change of address has been given pursuant hereto: To Developer: The Related Companies of California 44 Montgomery Street, Suite 1310 San Francisco, CA 94104 Attn: Ann Silverberg To City: Colleen Tribby City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 925-833-6000 5.9.Third Party Beneficiary. The Partnership is intended to be and shall be a third-party beneficiary of this Agreement, and Developer and the City shall not amend, modify or terminate the Agreement without the Partnership’s express written consent. 5.10.Compliance with Laws. Developer shall keep itself fully informed of the City’s Charter, codes, ordinances and duly adopted rules and regulations of the City and of all state, and federal laws in any manner affecting the performance of this Agreement, and must at all times comply with such local codes, ordinances, and regulations and all applicable laws as they may be amended from time to time. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 31 6 IN WITNESS WHEREOF, the parties have executed this Agreement on or as of the date first above written. DEVELOPER: The Related Companies of California, LLC, a California limited liability company By: Ann Silverberg, Vice President CITY: City of Dublin By: Colleen Tribby City Manager 32 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 5.3 DATE:May 6, 2025 TO:Honorable Mayor and City Councilmembers FROM:Colleen Tribby, City Manager SUBJECT:Mape Memorial Park Pathway Relocation Project, CIP No. GI0221 – Approval of Plans and Specifications and Award of Contract to CLS/Cervantes Landscape Services, Inc. Prepared by: Laurie Sucgang, City Engineer EXECUTIVE SUMMARY: The City Council will consider approving the plans and specifications and awarding a construction contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project. The project will relocate a pathway, fencing, site furnishings, turf, and associated irrigation away from the creek bank that was damaged in the 2022-2023 storms. STAFF RECOMMENDATION: Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221. FINANCIAL IMPACT: The bid submitted by CLS/Cervantes Landscape Services, Inc. is $147,777. Sufficient funds are available in the approved budget for CIP No. GI022. Staff applied for grant funding through the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (CalOES) for the Mape Memorial Park Pathway Relocation 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. DESCRIPTION: The 2024-2029 Capital Improvement Program (CIP) includes the Resiliency and Disaster Preparedness Improvements Project, CIP No. GI0221. The Resiliency and Disaster 33 Page 2 of 3 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. Martin Canyon Creek runs along the southern property line of Mape Memorial Park. The creek experienced bank erosion during the storms that created an unsafe condition for the pathway adjacent to the creek. The project will move the pathway and adjacent facilities, such as fencing, waste bins, and a bench, away from the creek and allow the pathway to be reopened to park users. The relocation of the pathway also requires modification to the turf and associated irrigation. Bid Process and Results The City of Dublin issued a bid package for the Mape Memorial Park Pathway Relocation Project on March 6, 2025. The bid package consisted of one lump sum base bid item. Five sealed bids were received and opened on April 8, 2025. The five accepted bids ranged from $147,777 to $227,000, with the lowest bid submitted by CLS/Cervantes Landscape Services, Inc. Two submitted bids were non-responsive because the contractors did not submit their bids on the required bid forms obtained from the City’s plan room. A summary of the bids is provided as Attachment 4. Staff reviewed the bid results, checked references and necessary licenses, and recommends that the City Council award the construction contract to CLS/Cervantes Landscape Services, Inc. as the lowest responsive and responsible bidder. Staff anticipates work to begin in June and be completed in the fall. California Environmental Quality Act (CEQA) The project is exempt under Section 15301, Class 1 Repair or Minor Alteration of Existing Public Facilities; Section 15302, Class 2 Replacement or Reconstruction of Existing Facilities Located on the Same Site; and Section 15304, Class 4 Minor Public Alterations of the CEQA Guidelines. A Notice of Exemption was filed with the Office of the Alameda County Clerk on March 18, 2025. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted, and a copy of this report was provided to CLS/Cervantes Landscape Services, Inc. 34 Page 3 of 3 ATTACHMENTS: 1) Resolution Approving the Plans and Specification and Awarding a Contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221 2) Exhibit A to Resolution –Agreement with CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221; Plans - Construction Drawings: https://www.dublinplanroom.com/preview/1844/6125/22105; and Specifications: https://www.dublinplanroom.com/preview/1844/6124/22106 3) CIP No. GI0221 4) Mape Memorial Park Pathway Relocation Bid Results 35 Attachment 1 Reso. No. XX-25, Item X.X, Adopted 05/06/2025 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 CLS/CERVANTES LANDSCAPE SERVICES, INC. FOR THE MAPE MEMORIAL PARK PATHWAY RELOCATION PROJECT, CIP NO. GI0221 WHEREAS,the design team has completed the plans and specifications for the Resiliency and Disaster Preparedness Improvements (Mape Memorial Park Pathway Relocation) Project, CIP No. GI0221, which includes the relocation of an existing pathway, fencing, site furnishings, turf and associated irrigation away from the creek bank that was damaged in the 2022-2023 storms; and WHEREAS,the City of Dublin did, on April 8, 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 proceedings under the request for bids; and WHEREAS,said bids were submitted to Staff, and CLS/Cervantes Landscape Services, Inc. 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. 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, CLS/Cervantes Landscape Services, Inc., at a bid of one-hundred forty-seven thousand seven-hundred seventy- seven dollars and zero cents ($147,777.00), the particulars of which bids are on file in the Office of the Public Works Director. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with CLS/Cervantes Landscape Services, Inc., 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} 36 Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of May 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 37 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 41 SECTION 00 52 00 AGREEMENT 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 __________________________________ (“Contractor”). RECITALS A.NOTICE INVITING BIDS. The City gave notice inviting bids to be submitted by _________________ for the MAPE MEMORIAL PARK PATHWAY RELOCATION Project No. GI0221 by published notice and/or posting pursuant to California Public Contract Code Section 20164 and other applicable law. B.BID OPENING. On __________, City representatives opened the bids for the MAPE MEMORIAL PARK PATHWAY RELOCATION Project No. GI0221 and read the bids aloud. C.PROJECT AWARD. On __________, the City Council awarded the MAPE MEMORIAL PARK PATHWAY RELOCATION Project No. GI0221 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 twenty-one (21) 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 twenty-one (21) 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: 11711 Mape Way in Dublin, California. 3.TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within 170 calendar days (60 Calendar days + 10 Adverse Weather Days Allowance for Construction + 100 Day Maintenance Period) 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 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 $500 per day pursuant to Attachment 2 Exhibit A to the Resolution CLS/Cervantes Landscape Services, Inc. April 8, 2025 April 8, 2025 May 6, 2025 38 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 42 California Government Code Section 53069.85 and section 00 72 00 of the General 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 $_________ (the “Contract Price”) as specified in the Contractor’s completed Bid Schedule dated __________________________________, _____, 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 overtime 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 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 Division 0 – 33, 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 00 72 00 “General Conditions” for document precedence in the event there is a conflict that arises from section 00 72 00 “General Conditions,” 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 Executed Change Orders; ____$147,777.00_______ April 8 2025 39 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 43 7.2 Addenda in inverse chronological order, and in the same order as specific portions they are modifying; 7.3 Section 00 52 00 Agreement, and terms and conditions referenced therein; 7.4 Section 00 72 00 General Conditions; 7.5 Division 1 Specifications; 7.6 Technical Specifications Divisions 2 through 33; 7.7 Project Drawings; 7.8 City Standard Details; 7.9 Other referenced standards or specifications. 7.10 Notice Inviting Bids. 7.11 Instructions to Bidders. 7.12 The successful bidder’s completed Proposal Form and Bidder’s Sheet. 7.13 The successful bidder’s completed Contractor License Information. 7.14 The successful bidder’s completed List of Proposed Subcontractors. 7.15 The successful bidder’s Insurance Certifications. 7.16 The successful bidder’s completed Non-collusion Affidavit. 7.17 The successful bidder’s Debarment Certification. 7.18 The successful bidder’s completed Certificates of Insurance and Endorsements. 7.19 The successful bidder’s executed Performance Bond. 7.20 The successful bidder’s executed Payment Bond. 7.21 Executed Escrow for Deposit Agreement, if applicable. 7.22 Change Order Form. 7.23 The Maintenance Bond form included in the bid package that the Contractor must execute prior to release of final payment under the Contract. 7.24 The successful bidder’s Qualification Statement, if any. 7.25 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 Standard Specifications) are only a part of this Agreement to the extent expressly incorporated in this Agreement by section number, and references in the 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 40 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 44 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 “A” or Type “C-27” 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 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 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 41 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 45 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 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 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. 42 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 46 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 defect, 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 final 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. 22.MEDIATION. All claims for $375,000 and less shall be subject to the provisions of Public Contract Code Section 20104 et seq. 43 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 47 Executed on _______________________, __________, by CONTRACTOR CITY OF DUBLIN a Municipal Corporation ________________________________ _________________________________ By:_____________________________ Colleen Tribby, City Manager Title:___________________________ ________________________________ Corporate Entity Number ________________________________ DIR Number [Attach Notary Page] ATTEST: _________________________________ Marsha Moore, City Clerk CLS/Cervantes Landscape Services, Inc. Alejandro Cervantes Perez Owner/CEO 1000711354 44 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 48 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. 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 45 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 49 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: 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. 46 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 50 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 105% 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. 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) calendar days prior written notice has been given to the City. Contractor shall inform the City in writing thirty (30) calendar 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 follow the requirements. 47 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 51 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: 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 calendar 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 that 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, 48 MAPE MEMORIAL PARK PATHWAY RELOCATION CITY OF DUBLIN, PROJECT No. GI0221 AGREEMENT 00 52 00 - 52 under subrogation or otherwise, against the City and all tiers of contractors or consultants engaged directly by the City. Contractor will require all tiers 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. END OF INSURANCE REQUIREMENTS END OF SECTION 49 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 3 50 Mape Memorial Park Pathway Relocation Project GI0221 Bid Date: BID # 1: BASE CONTRACT WORK Cervantes Landscaping Services Frontline General Engineering Kerex Engineering Raposo Engineering Galeb Paving Inc. ITEM DESCRIPTION Qty.UNIT Unit Cost Unit Cost Unit Cost Unit Cost Unit Cost 1 1 LS $147,777.00 $152,118.00 $195,000.00 $198,450.00 $227,000.00 Total $147,777.00 $152,118.00 $195,000.00 $198,450.00 $227,000.00 APPARENT LOW BIDDER Cervantes Landscaping Services Frontline General Engineering Kerex Engineering Raposo Engineering Galeb Paving Inc. Lonestar Landscape Frank and Grossman Golden Bay Fence Golden Bay Fence Golden Bay Fence Meridian Survey Tully Consulting Group R&R Maher List of Sub-Contractors Survey Fencework Description Landscaping Project Work CITY OF DUBLIN ENGINEERING DIVISION BID SUMMARY April 8, 2025 Project Name: Project No. : PUBLIC WORKS DEPARTMENT Concrete Stormwater Control Page 1 of 1 Green Stormwater Infrastructure Project Bid Summary Attachment 4 51 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 5.4 DATE:May 6, 2025 TO:Honorable Mayor and City Councilmembers FROM:Colleen Tribby, City Manager SUBJECT:Frontline Worker Appreciation Month Proclamation Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will approve the Frontline Worker Appreciation Month Proclamation. STAFF RECOMMENDATION: Approve the proclamation. FINANCIAL IMPACT: None. DESCRIPTION: From teachers shaping the future, to healthcare workers saving lives, to firefighters, police officers, and medical personnel rushing into emergencies— frontline workers keep our communities safe, healthy, and thriving. Frontline Worker Appreciation Month is celebrated in May to honor and show appreciation for frontline workers in Dublin and in the greater community. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Frontline Worker Appreciation Month Proclamation 52 Attachment 1 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Frontline Worker Appreciation Month” WHEREAS, frontline workers are the builders of our community, exercising curiosity, compassion, courage, and creativity to provide essential services that ensure the safety, health, and education of our residents; and WHEREAS,over 9 million healthcare workers across the United States serve in hospitals, clinics, and long-term care facilities, often placing themselves at risk to provide lifesaving care; and WHEREAS, firefighters respond to an estimated 36 million emergency calls each year, over 800,000 sworn law enforcement officers nationwide work tirelessly to uphold the law and ensure public safety, and emergency medical services (EMS) personnel respond to more than 240 million calls annually; and WHEREAS, teachers dedicate their careers to shaping the future of our communities, with over 3.7 million educators in the U.S. providing knowledge and guidance to our youth; and WHEREAS, frontline workers embody the essence of flexible thinking and constructive problem solving, respecting the dignity of all people by dedicating themselves to overcoming challenges and uniting communities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May 2025,as “Frontline Worker Appreciation Month” in the City of Dublin and encourages all residents to join in recognizing and honoring the heroic contributions of our healthcare workers, firefighters, law enforcement officers, EMS personnel, and teachers. DATED: May 6, 2025 Mayor Sherry Hu Vice Mayor Kashef Qaadri _______ Councilmember Jean Josey Councilmember Michael McCorriston Councilmember John Morada 53 STAFF REPORT CITY COUNCIL Page 1 of 5 Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223 and GI0423 - Approval of an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services in a Progressive Design-Build Delivery Method The City Council will consider approving an agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services in a Progressive Design-Build delivery method for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223 and GI0423. The project includes the design phase of future improvements to and preventative maintenance of the exterior building envelopes of the following City of Dublin facilities: Civic Center, Library, Clock Tower, Kolb House Museum, Sunday School Barn, Murray Schoolhouse Museum, Old St. Raymond’s Church, Senior Center, The Wave, Fire Stations 16, 17, and 18. Adopt the Approving an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223, and GI0423. The agreement is for a not-to-exceed amount of $731,320 for progressive design-build preliminary design and collaboration services. Sufficient funds are available in the approved budgets for CIP Nos. GI0122, GI0125, GI0223, and GI0423. The 2024-2029 Capital Improvement Program (CIP) includes the following projects: Civic Center Rehabilitation CIP No. GI0122, Civic Center Exterior Glazing, Sealing & Painting CIP No. GI0125, 54 Page 2 of 5 Exterior Painting at Various City Facilities CIP No. GI0223, and Roof Replacement at Various City Facilities CIP No. GI0423 (Attachment 3). The scopes of work of these CIP projects are similar in nature and Staff recommends the separate projects be combined into a newly created Exterior Improvements Project and that the progressive design-build project delivery method be utilized to complete the project. There are several construction project delivery methods, but California law limits cities to three project delivery methods for public works construction projects. The three methods are Design- Bid-Build (DBB), Design-Build (DB), and Progressive Design-Build (PDB). Each project delivery method has benefits and limitations depending upon several factors, including but not limited to, budget, construction type, schedule, and complexity. A brief description of each delivery method is provided below. The DBB project delivery method is the long standing, traditional method for construction projects by public agencies, including the City of Dublin. In DBB, a design team prepares a complete (100%) set of construction documents for the agency. The agency then solicits bids from contractors based on the completed documents and awards the construction contract to the responsible bidder that offers the lowest price. During construction, the agency administers the project including any coordination between the contractor and the design team, such as contractor requests for information. In this model, the agency is responsible for the project design and the contractor may seek additional time and/or money for defects in the design documents. DBB is the most popular delivery method for public projects in the United States, including City of Dublin construction projects. However, alternative delivery methods have become available to public agencies in California, offering more flexibility in some cases. In the DB project delivery method, the agency contracts with a single entity for both the final design and construction. The DB contract is based upon the agency’s program that outlines the project requirements. The program is often defined through a preliminary or concept design and associated documents that identify the agency’s needs, such as size, uses, performance needs, and appearance. DB contracts are typically solicited first through a prequalification process to identify a limited number of DB contractors, which often include a contractor and an architect or engineer. Then, DB contractors that are deemed qualified are invited to submit a proposal. The agency reviews the proposals and selects the DB team based on the request for proposals criteria, which can be lowest bid or best value. The selected DB contractor is responsible for the final design and construction documents and the DB contractor cannot seek additional time and/or money for defects in its own design documents. The DB project delivery method is available to California cities through State law, Public Contract 55 Page 3 of 5 Code Division 2, Part 3, Chapter 4. The enabling legislation requires that a city’s public works project be valued at a minimum of $1,000,000 to use the DB project delivery method. Benefits of DB for cities include: the option of selecting the DB contractor based on best value versus lowest bid; potential reduced design effort and costs; innovative design and construction solutions brought by the DB contractor; improved communication between the designer and contractor; and reduced risk associated with design deficiencies. Disadvantages of DB for cities include: reduced control of the design and construction phases; limited opportunities for competitive bidding; and the need for a qualified owner representative to confirm the final design and construction meet the program and contract requirements because the designer is working for the contractor instead of for the city. The City of Dublin utilized DB project delivery for the City Hall HVAC and Roof Replacement project, CIP No. GI0119, in July 2020. Progressive Design-Build is the newest project delivery method available to California cities for public works projects. The implemented legislation is codified in Public Contract Code, Division 2, Part 3, Chapter 4.7, and became effective for cities on January 1, 2023. To utilize the PDB method, a city public works project must exceed $5,000,000, and cities are limited to using PDB for up to 10 projects. As PDB utilization increases, it is anticipated that these limits will be changed by the State legislature. The PDB delivery method is a two-step variation of the DB method. The differences between PDB and DB are that PDB enables cities to engage the design-builder earlier, allowing collaborative project development before commitment to the final costs. It also allows for inclusion of contract clauses, sometimes referred to as off-ramps, which allow the city or design-builder to terminate the project before construction if the parties cannot reach agreement on final terms. Such off- ramps provide flexibility and reduce risk for the city by providing an alternative way to move forward with the project using another procurement method, if necessary, versus being bound by a construction contract. For the Exterior Improvements Project, the PDB steps are as follows: The City selects a Design-Builder based on qualifications and overall approach. The City and Design-Builder work closely to develop the project’s scope, design, budget, and risk profile. At the end of this phase, the City and Design- Builder negotiate a Guaranteed Maximum Price (GMP) for design and construction. If the City is unable to negotiate an acceptable GMP with the Design-Builder, the City can choose to use the design documents and proceed with an alternative procurement method, such as competitive public bidding. This off-ramp would also allow the City to reconsider proceeding with the next PDB step based on factors such as available budget or new City priorities. Upon approval of the GMP, the Design-Builder proceeds with final design, permitting, and construction. The same integrated team remains involved throughout the life of the project. 56 Page 4 of 5 The PDB process offers several advantages for public infrastructure projects such as: • Enhanced Collaboration: Early involvement of design and construction teams improves communication and problem-solving. • Design Flexibility: Design decisions can be refined as the project evolves, with real-time feedback from the agency. • Cost Control: The GMP is established after the scope is better defined, reducing risk of cost overruns. • Faster Delivery: Design and construction phases can overlap, expediting project completion. • Transparency and Risk Mitigation: The agency gains insight into cost development and can address potential issues early. There are disadvantages of the PDB process too, such as: • Uncertainty in Final Costs: The GMP is not known at the beginning of the collaboration with the design-build contractor. • Limited Owner Control and Flexibility: The agency may have less direct control over the design process, especially with the firms working under the design-builder. The agency’s ability to make changes or adjustments later in the process can also be limited. • Hesitancy in Off-Ramping: The agency might hesitate to “off-ramp” the project team, even if there are issues with the project’s performance. • Extensive Collaboration and Communication: PDB requires a high level of communication, collaboration, and decision making by the agency. The preliminary design and collaboration step for the Exterior Improvements Project provides for the design service and preconstruction services to obtain a GMP for the final design and construction of the improvements. The table below summarizes the types of improvements that are included in the Project. 57 Page 5 of 5 On March 12, 2025, a Request for Qualifications from Design-Build Entities (Attachment 4) was released. Three qualification packages were received on April 7, 2025. Staff reviewed the qualifications packages and ranked the Design-Build Entities as follows: 1. Plant Construction Company, L.P. and Architectural Resources Group 2. Gilbane Building Company and Dahlin Group 3. W.E. Lyons Construction Co. and Allanna Buick & Bers, Inc. The most qualified and best overall approach was provided by Plant Construction Company, L.P. with a not-to-exceed cost for the preliminary design and collaboration services of $731,320 (Attachment 2). If the City Council approves the agreement for design and preconstruction phase services, Staff and the Plant Construction team will start the preliminary design and collaboration work. Staff anticipates bringing a final design and construction contract, including a GMP, back to the City Council this summer. Strategy 5. Long-Term Infrastructure and Sustainability Investments. Objective 5A. Continue to explore funding mechanisms for capital and ongoing maintenance needs. The City Council Agenda was posted, and a copy of this report was provided to Plant Construction Company, L.P. 1) Resolution Approving an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223, and GI0423 2) Exhibit A to the Resolution – Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services 3) CIP Nos. GI0122, GI0125, GI0223, and GI0423 4) Request for Qualifications from Design-Build Entities 58 Attachment 1 Reso. No. XX-25, Item X.X, Adopted 5/6/2025 Page 1 of 2 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH PLANT CONSTRUCTION COMPANY, L.P. FOR DESIGN AND PRECONSTRUCTION PHASE SERVICES FOR THE EXTERIOR IMPROVEMENTS PROJECT, CIP NOS. GI0122, GI0125, GI0223, AND GI0423 WHEREAS,on March 12, 2025, the City of Dublin issued a Request for Qualifications (RFQ) from design-build entities for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223, and GI0423. The project provides for exterior improvements and preventative maintenance located at the following city facilities: Civic Center, Library, Clock Tower, Kolb House Museum, Sunday School Barn, Murray Schoolhouse Museum, Old St. Raymond’s Church, Senior Center, The Wave, Fire Stations 16, 17, and 18; and WHEREAS,on April 7, 2025, the City of Dublin received three responses to the RFQ; and WHEREAS,the City of Dublin reviewed and evaluated the qualifications submitted in accordance with the RFQ rating criteria; and WHEREAS,the City of Dublin desires to enter into an agreement with Plant Construction Company, L.P. for a not-to-exceed amount of $731,320 for design and preconstruction phase services of the Exterior Improvements Project under the progressive design-build project delivery method. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Plant Construction Company, L.P., attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution. {Signatures on the follow page} 59 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of May 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 60 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND PLANT CONSTRUCTION COMPANY, L.P. FOR DESIGN AND PRECONSTRUCTION PHASE SERVICES FOR THE EXTERIOR IMPROVEMENTS PROJECT UNDER THE PROGRESSIVE DESIGN-BUILD PROJECT DELIVERY METHOD THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Plant Construction Company, L.P. (“Consultant”) (together sometimes referred to as the “Parties”) as of May 7, 2025 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 12 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. If City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the Attachment 2 Exhibit A to the Resolution 61 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 2 standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder. 1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works. 1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. City hereby agrees to pay Consultant as provided in further detail in Exhibit A, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict regarding the amount of compensation between this Agreement and Consultant’s proposal, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees 62 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 3 and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; The Consultant’s signature; Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of 63 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 4 time necessary to complete work under any other agreement between Consultant and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 64 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 5 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In 65 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 6 the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $5,000,000 for claims made in the aggregate annually for all personal injury and property damage, to include liability assumed under this Agreement, the use of any licensed motor vehicle by DBE or subconsultants/subcontractors, and naming City of Dublin, its governing body, officers and employees as additional insureds. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. 66 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 7 Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. 67 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 8 4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $25,000, for all damages or losses because of errors, omissions, or malpractice arising out of the provision of professional services by DBE and DBE’s subconsultants/subcontractors under this Agreement. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.4 All Policies Requirements. 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to 68 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 9 the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 69 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 10 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault. Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. 70 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 11 Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no 71 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 12 authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. 72 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 13 Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 73 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 14 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 74 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 15 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is 75 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 16 defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Plant Construction Company, L.P. Att: Phillip Aguilar, Vice President / Construction Manager 300 Newhall Street San Francisco, CA 94124 Any written notice to City shall be sent to: 76 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 17 City of Dublin Att: Michael Boitnott 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the Special Conditions to this Agreement attached hereto and incorporated herein as Exhibit B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses Exhibit B Special Conditions to the Services Consulting Agreement 10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. 10.14 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq. A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. 77 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 18 ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. B. WAGES: i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or 78 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 19 subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records. c. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records 79 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 20 showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of 80 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 21 the person affected and during the continuance of such employment. SIGNATURES ON FOLLOWING PAGE 81 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 22 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN PLANT CONSTRUCTION COMPANY, L.P. Colleen Tribby, City Manager Chris Rivielle, President 1000575696 Attest: Consultant’s DIR Registration Number Marsha Moore, City Clerk 199832800016 Consultant’s Business Entity Number Approved as to Form: City Attorney 82 May 7, 2025 Exhibit A Page 1 EXHIBIT A SCOPE OF SERVICES COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES The City of Dublin intends to repair, replace, and improve the exterior building envelope on several City buildings to modernize facilities and perform needed maintenance. These improvements include waterproofing, glazing, exterior painting, and roofing. 1. Civic Center Waterproofing The Civic Center complex was constructed in the late 1980’s, and with time has experienced water intrusion and routine aging of the components of its exterior envelope, including the exterior tile wall system, and exterior window and skylight systems. In 2024, the City retained Axis Building Envelope Design to prepare design documents for this repair work for the western wing of the Civic Center complex, which are attached here as Project Criteria Documents describing the scope of work for the Civic Center Waterproofing portion of the project. The scope of work is to perform this work for the entire Civic Center complex (it does not include the Library at the southern part of the site). The scope of work includes phasing, staging, and protecting the work, and occupants of, the Civic Center complex which will remain operational during the project. 2. Roofing The scope of work also includes roofing replacement at several City buildings, as part of routine roof replacement and maintenance. 3. Exterior Painting The scope of work includes exterior painting and related minor repairs at several City buildings to maintain the structures' appearance and to prevent damage caused by moisture infiltration. 4. Minor Exterior Repairs and Replacement Prior to Painting The scope of work includes repair work, most to be executed prior to exterior painting, to a number of facilities. This work includes stairways, skylights, stonework, decking, siding, windows, etc. 5. Civic Center Clock Tower The scope of work includes demolish and discard or reuse existing exterior stone and metal cladding; inspect and repair steel superstructure, clean and paint all structural steel, repair of the existing light gauge metal framing; install new stone and metal cladding over new weather resistant barrier, sheathing, adhesive, stucco and lath; add ventilation, remove existing electrical and lighting system; install new electrical and lighting system; remove, remediate, store and reinstall existing clock faces. A. Overview and General Requirements 83 May 7, 2025 Exhibit A Page 2 1. City intends to design and construct exterior building upgrades to City of Dublin buildings and facilities as more fully described below. Professional design skills and preconstruction services are essential for the proper and satisfactory execution of this project. For this reason, City is entering into this Agreement with Consultant. 2. As provided in Section 1.3 of the Agreement, Project Personnel, subconsultants/subcontractors retained by Consultant must be authorized in advance, in writing by City’s Department Head. Consultant shall direct tasks and activities of its authorized subconsultants/subcontractors and ensure that the tasks, activities and/or products required by this Agreement are completed in a timely manner and in accordance with the applicable standard of care for the given subconsultant/subcontractor. Notwithstanding the authorization for work to be performed by a particular subconsultant/subcontractor, Consultant is solely responsible for the performance of all services and delivery of all products under this Agreement. 3. Work shown or specified in reports, drawings, and specifications must comply with all requirements of the City of Dublin Municipal Code, applicable State and Federal codes and regulations, and the local fire district and utility companies or districts having jurisdiction over the project or area in which the project is located. Project Description Civic Center Exterior Envelope: 1. Storefront/glazing: a. Remove and replace original storefront and sloped glazing in kind, size and location. Install liquid-applied flashing at rough openings and galvanized sheet metal (GSM) flashing in full sealant embed. Install backer rod and Sealant at rough opening perimeter b. At existing storefront to remain, remove and replace sealants at storefront rough opening perimeter. Install Backer rod and sealant following liquid-applied at rough openings. c. Alternatively, remove and replace all storefront units in kind, size and location. Install liquid-applied flashing at rough openings and GSM flashing. Install backer rod and sealant at rough opening perimeter. d. Work at new storefront work installed as part of the current Cultural Arts Center project is excluded. 2. Remove and replace backer rod and sealant at vertical control joints at concrete masonry unit (CMU) wall and stone veneer. Remove and replace backer rod and sealant at base of exterior wall and horizontal sealant between CMU and stone veneer. Install silicone coating over CMU. 3. At second floor exterior building walls and inside face of parapet, remove and replace sealant joints. Route and seal open cracks up to 1/8" wide. Install silicone coating over plaster. 84 May 7, 2025 Exhibit A Page 3 4. At existing metal panels, remove and replace sealant joints at walls, cladding transitions and parapet caps. Install Silicone coating over metal panel parapet coping. 5. At stone parapet caps remove and replace 100% joint backer rod and sealant. 6. Remove and replace deteriorated mortar joints at stone and CMU walls and stone parapet caps. Inspect joints in field and replace deteriorated joints as required. Tuckpoint with in-kind mortar grade, strength, texture and color. 7. Prepare and clean all exterior surfaces and install silicone coating at stone veneer, CMU and plaster surfaces. Install silicone coating over all parapet caps. Provide final construction- grade cleaning following approved punchlist. 8. All penetrations to have sealant removed, annular space cleaned, and detail coated with silicone coating. Install backer rod and sealant. Roofing: 1. Heritage Museum & Storage Building: architectural asphalt shingle & gutter replacement 2. Old St. Raymond Church: 3-tab asphalt shingle 3. Kolb House: add period correct gutters and downspouts (likely wood) and SD to collect downspout runoff. 4. Sunday School Barn: add period correct gutters and downspouts (likely wood) and SD to collect downspout runoff 5. Senior Center: TPO at all roofs except standing seam. Standing seam roof should be evaluated and determine if repairs are warranted (note flat roof has solar panels). 6. Fire Station 16: TPO flat roof (note flat roof has solar panels). Standing seam roof should be evaluated and determine if repairs are warranted. 6. Library: Water testing and remediation leaks at the following: 1) Standing seam roofing 2) Gutters 3) PV solar attachments Minor Exterior Repairs and Replacement Prior to Painting 1. Kolb House * • Repointing the brick chimney • Repairs/restore to historic window • Repairs to horizontal wood siding • Repairs to wood decking 2. Old St. Raymond’s Church * • Replace wooden ramp walking surface • Repairs to wood decking/stairs 3. Museum/Schoolhouse * • Replace wooden ramp walking surface • Repairs to wood decking/stairs 85 May 7, 2025 Exhibit A Page 4 • Door and window repair/restore • Repairs to horizontal wood siding 4. Civic Center City Hall • Replacement of five skylights 5. Wave • Replacement of cracked fiber cement horizontal siding 7. Library • Stone wainscoting recaulking and sealing * Work on historic buildings will need to comply with The Secretary of the Interior's Standards for the Treatment of Historic Properties. Painting: This project will include exterior painting and repair work at the following locations: 1. Heritage Museum 2. Old St. Raymond's Church 3. Kolb House 4. Senior Center 5. Fire Stations 16, 17, and 18 6. The Wave Waterpark and Aquatic Center 7. Dublin Public Library 86 May 7, 2025 Exhibit A Page 5 Supplemental Scope of Work 87 May 7, 2025 Exhibit A Page 6 88 May 7, 2025 Exhibit A Page 7 89 May 7, 2025 Exhibit A Page 8 90 May 7, 2025 Exhibit A Page 9 91 May 7, 2025 Exhibit A Page 10 92 May 7, 2025 Exhibit A Page 11 93 May 7, 2025 Exhibit A Page 12 For this Project, the City will utilize a Progressive Design-Build procurement method wherein a single entity will provide both the design and construction of the Project pursuant to Public Contract Code section 22172. B. Time Consultant understands and agrees that time is of the essence in this agreement and that the services shall start immediately upon full execution of this Agreement. Consultant shall perform the services expeditiously and with the adequate forces and shall complete the services within the time specified in Sections 3 and 13 of this Agreement. C. Scope of Services The Scope of Services for this Agreement only includes services during the Preconstruction Phase. The Preconstruction Phase is defined as the period following the award and execution of this Agreement to a Consultant for a progressive design-build project in which the Consultant completes the necessary design activities and any preconstruction activities to produce a Guaranteed Maximum Price (GMP). Services include, but are not limited to, providing design services, preconstruction services, project management services, labor, hazardous materials assessment as required, limited destructive field investigations if needed, coordination, materials, tools, and equipment as necessary to produce a GMP. DEFINITIONS The following terms are used throughout Exhibit A and are defined as follows: Agreement: The written and executed document known as the Agreement by and between Consultant and City, together with those Contract Documents identified therein and any Change Orders or Amendments thereto made in writing, signed by the parties, and approved as required. The terms Agreement and Contract are used interchangeably throughout this document. Contract Documents: The Contract Documents form the Contract for the Project and consist of the Agreement, together with those documents set forth in the Agreement and any Change Orders or Amendments thereto made in writing, signed by the parties, and approved as required. Design-Build: A project delivery process in which both the design and construction of a project are procured from a single entity. Design-Build Budget: The budget amount established by the City that represents the total cost for the Project, including the cost to perform all activities necessary to complete the Preconstruction Phase and the Final Design and Construction Phase. 94 May 7, 2025 Exhibit A Page 13 Design-Build Entity (DBE): A partnership, Limited Liability Company, joint venture, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a Design-Build Contract. Final Design and Construction Phase: The remaining design and preconstruction activities necessary after the Preconstruction Phase, and all construction activities necessary to complete construction and closeout of a Progressive Design-Build Project. Guaranteed Maximum Price (GMP): The maximum payment amount agreed upon by the City and the DBE for the DBE to finish all remaining design, preconstruction, and construction activities to complete and close out the Project. Preconstruction Phase: The period following the award of a contract to a DBE for a progressive design-build project in which the DBE completes necessary design activities and any preconstruction activities to produce a GMP. Progressive Design-Build: A project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualification-based selection at the earliest feasible stage of the project. Project Criteria: The information that describes the scope of a proposed design-build Project and includes, but is not limited to: the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and, any other information deemed necessary to sufficiently describe the City’s needs. Project Criteria may include concept drawings, including schematic drawings or architectural renderings, that are prepared in the detail necessary to sufficiently describe the City’s needs. PRECONSTRUCTION PHASE A. GENERAL 1. The Scope of Services includes, but is not limited to, providing design services, preconstruction services, project management services, labor, hazardous materials assessment as required, limited destructive field investigations if needed, coordination, materials, tools, and equipment as necessary to produce a GMP and to complete the Preconstruction Phase of the Project. 2. Consultant shall perform all services identified herein, together with any related services necessary to achieve the standard of care and workmanship required by the terms of the Agreement. 3. Consultant shall certify that all Design Submissions, construction documents, or other related project documents are coordinated with all contributing subcontractors and consultants, whether they are contracted directly with the Consultant or not and must ensure quality assurance. 95 May 7, 2025 Exhibit A Page 14 4. Necessary accommodations must be made to ensure the facility’s operations and activities are minimally impacted during the design and Preconstruction Phase activities. B. BASIC SERVICES Consultant agrees to provide all services required by and in accordance with the Scope of Services, and such related and incidental services which are necessary to meet its obligations. Such services include those professional services of an architectural, engineering, or land surveying nature, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. Such services shall be performed in phases, with each succeeding phase begun only upon authorization to proceed given by City. Consultant shall: 1. Consult, as necessary, or as directed by City, with representatives of City relative to the development of Guaranteed Maximum Price (GMP), design and construction of the Project. 2. Consultant shall fully cooperate and coordinate with other consultants to facilitate performing their respective agreements and shall not commit any act that will interfere with the performance of the work of any other consultant or City employee. City may undertake or award other agreements for the design, coordination or construction management of other work related to the Project. 3. Field check existing conditions as required to complete the work of this Agreement. All field checks of existing conditions shall be documented by means of a report. The report must identify the existing conditions found and list recommendations or plans of action. 4. Contract for, at Consultant's expense, Subconsultants/Subcontractors to the extent deemed necessary for design of the Project including mechanical, electrical, structural, and civil engineers (licensed as such by the state of California), industrial designers, and all other Subconsultants/Subcontractors necessary for development of the Project. The names of said Subconsultants/Subcontractors shall be submitted to City for approval prior to commencement of work. Personnel provided shall be consistent with personnel identified in Consultant’s Statement of Qualifications dated April 7, 2025. City reserves the right to reject the use of any Subconsultant/Subcontractor. 5. Be responsible for the professional quality, technical accuracy and the coordination of all analyses, reports, studies, surveys, plans, designs, drawings, specifications, and other deliverables and services provided by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or omissions, and incorporate responses to City review comments in provided deliverables until the deliverables are accepted by City. Documents shall be prepared in full compliance with all applicable building codes, ordinances, and other requirements of regulatory authorities. The documents produced shall, at a minimum, comply with all applicable California State Building Codes, to 96 May 7, 2025 Exhibit A Page 15 include, but not be limited to, Title 8 (Industrial Relations), Title 15 (Crime Prevention and Corrections), Title 17 (Public Health), and Title 24 (Building Standards). 6. Prepare all documents for licenses or permits for facilities under Consultant’s design that may be required to comply with Federal or State regulatory agencies' laws, codes and regulations, and City ordinances. City will be responsible for payment of all applicable licensing or permit fees during the Preconstruction Phase. 7. Use design drawings, specifications or calculations provided by City, when requested by City to do so. Unless otherwise directed in writing, Consultant shall review for correctness and completeness such designs and any other design data, drawings, specifications, and calculations provided by City. Consultant shall correct any errors or omissions as approved by City and shall be responsible therefore to the same extent as if such materials had been provided by Consultant under this Agreement. Consultant may be provided with applicable change orders, proposed change orders, clarifications, and data from previous projects. Consultant shall incorporate all pertinent material as approved by City into the new drawings and specifications. If Consultant has provided design services to City on previous projects and has designs similar to components of this Project, which are in Consultant's charge, upon approval of City, Consultant shall modify and reuse those existing designs as much as possible. 8. Provide sufficient design and engineering data to City in the time specified to enable design compatibility with other consultants, which may be employed on this Project. 9. Consultant, unless otherwise mutually agreed, shall be the main point of contact for permitting through the applicable approving agencies and authorities having jurisdiction. C. PROJECT SCHEDULE 1. Consultant will provide a Baseline Project Schedule, representing all tasks necessary to complete the Project within the Project durations as outlined in the Request for Qualifications from Design-Build Entities for a Progressive Design-Build for the City of Dublin Exterior Improvements Project dated April 7, 2025 (Part III. B Preliminary Project Schedule). The schedule shall include tasks for the Preconstruction Phase and the Final Design and Construction Phase. a. The schedule shall utilize the Critical Path Method. b. The Baseline Project Schedule must include a summary of milestone tasks by all parties, regulatory and City approvals, reasonable durations for document review, risk, affecting the Project, phases of construction, significant milestones, and consultant/contractor selection. 2. Consultant and City agree to establish and define specific milestones and phases for review and approval throughout the design process to ensure a continuous flow of work in alignment with the progressive design build process. 3. Consultant shall report proactively on potential schedule impacts and recommend potential solutions to schedule problems. 97 May 7, 2025 Exhibit A Page 16 4. The Schedule shall be updated and submitted to the City, no less than monthly. 5. Each schedule shall be submitted in the format and method approved by the City. 6. The Consultant shall utilize Primavera Project Planner for Windows software (P6) by Primavera Systems, Inc., unless the City’s Representative approves otherwise. Consultant shall provide request and description of any alternative scheduling program to City for approval. 7. The Consultant shall review the Project Schedule with the City’s Representative regularly and notify the City of potential schedule risks in a Risk Matrix developed by Consultant and approved by City. 8. Consultant shall actively evaluate the schedule and identify schedule efficiencies. When schedule efficiencies are identified, Consultant shall recommend modifications to the schedule that would expedite Project completion including Preconstruction Phase. 9. Consultant shall use this schedule to plan and conduct the work and shall submit an update with each submittal of a fee invoice. D. COST CONTROL MANAGEMENT 1. As an initial task, the Consultant, shall review the Design-Build Budget and determine if it is sufficient to plan, design and construct the Project. The Consultant shall submit the initial budget review within 14 days of the NTP. a. The Consultant shall prepare a cost estimate and evaluate the estimate against the Design-Build Budget and recommend, if necessary, the appropriate action to avoid potential cost overruns. 2. The Consultant shall monitor the budget as compared to the Project scope throughout the Preconstruction Phase. 3. Consultant shall recommend potential Project savings to the City. a. Recommendations for proposed savings shall be accompanied by a firm quote and shall include any applicable additional services required due to the changes, and any required changes to the schedule. b. Cost proposals for Project savings shall be as proposed by the Consultant and approved by the City. Acceptance of a suggested savings will be determined at the sole discretion of the City. 4. The Consultant shall establish target cost values for the components of the Project in accordance with Association of the Advancement of Cost Engineering (AACE). Tracking of those values shall be reported in a format approved by the City. a. If changes are suggested to the Project scope that may cause Project cost overruns, Consultant shall notify the City in writing as part of the regular project meetings. 98 May 7, 2025 Exhibit A Page 17 5. Consultant shall make estimating information regularly available to the City so that the City can consider cost wherever possible throughout the planning, development, and design of the Project. a. Cost Estimates will be required during preconstruction with detail consistent with that level of development defined by the AACE Cost Estimate Classification System. (Class 1 detailed unit cost with detailed take off) b. The Consultant shall submit cost estimates no less than every four weeks. 6. If the Consultant identifies potential cost overruns, Consultant shall notify the City as part of regular development and coordination meetings. E. MEETINGS AND CONFERENCES 1. The meetings and conferences listed should be considered as minimum recommendations and convey the City’s interest in their content and purpose. The Consultant should expand and modify as appropriate. 2. During the Preconstruction Phase, the Consultant shall provide an outline for meetings and conferences, processes and procedures, and how they will be incorporated and utilized in the Project. 3. Project Kickoff Conference: The objective of this meeting is to introduce the Project team members, confirm understandings, roles, responsibilities, schedules, emergency contacts, partnering, neighborhood awareness and outreach, and to review the procedural requirements of the Project as established by the contract requirements and the PMP. The Consultant will conduct the Project Kickoff Conference within 14 calendar days after the Notice to Proceed. It will be attended by the Consultant, the City’s Project team, including the Construction Project Manager, and others as appropriate. The Consultant will, with input from the Construction Project Manager, prepare the agenda. The Consultant will prepare and distribute the meeting minutes no later than three business days after the meeting is held. The City shall be a participant in all meetings. 4. Design Meetings: The objective of these meetings is to proactively facilitate the Consultant’s liaison with the City’s Project team and subconsultants for the purposes of design discussion during schematic design, design development, completion of design development and construction documents, and to establish a mutually acceptable review procedure. These meetings shall also serve to review and affirm modifications to existing building systems and identify design clarifications prior to development of the construction documents. These meetings are to be held at a mutually agreed upon location. Consultant shall meet at least weekly with City, City representatives, and consultants and provide such information as necessary to inform City of the Project design status and obtain City input and approval regarding design issues. Attendees shall include appropriate members of the Consultant, City, and others, as appropriate. Consultant will prepare and distribute the agenda and minutes. Meetings will include an overview of the Consultant’s look ahead schedule. Meeting minutes to be distributed no later than three business days after such meeting is held. 99 May 7, 2025 Exhibit A Page 18 5. Weekly Progress Meetings: The objective of these meetings is to review and monitor progress, procedures, issues, schedules, and other concerns/issues of the Project. Attendees shall include appropriate members of the Consultant, City, and others, as appropriate. City’s Construction Project Manager will prepare and distribute the agenda and minutes. Meetings will include an overview of the Consultant’s look ahead schedule. 6. Payment Application Meeting: Each month the Consultant shall attend a payment meeting with the City’s Representative to agree on the percentage of the work completed during the current month to establish an amount to be requested in the Application for Payment. 7. Contractor shall attend meetings for each phase of work as required below and submit to the City meeting minutes for all Consultant lead meetings in a format acceptable to the City. 8. Consultant shall set up a preliminary meeting, as applicable, with: the City of Dublin Building Department, Alameda County Fire Department (ACFD), Dublin San Ramon Services District (DSRSD), Pacific Gas and Electric (PG&E), AT&T, and Comcast to review submittal requirements, project scope, proposed schedule, and review the permit process. a. The Consultant shall attend pre submittal review meetings with the ACFD in the Preconstruction Phase and shall present the fire and life safety code analysis and design approaches to ACFD for preliminary review. b. The Consultant shall schedule a kickoff meeting with PG&E in the Preconstruction Phase and shall present the power and gas design approaches to PG&E for preliminary review. F. PERIODIC REPORTS 1. The Contractor will cooperate with the City and assist in preparing monthly/periodic Project reports required by the City, its committees, or community based organizations as determined by the City. 2. On a monthly basis, the City’s Construction Project Manager shall produce a Monthly Report that updates the City on the work accomplished during the prior monthly period. The Consultant shall provide information (e.g., design progress, project cost including status of estimating and value engineering efforts, schedule updates, project issues that may impact cost/schedule) as necessary to include in the Monthly Report. G. ENVIRONMENTAL HAZARD PLAN 1. The Consultant shall develop a plan for communication and coordination with the City to mitigate and control environmental hazards that may be encountered during the Project. 2. Establish site specific procedures for the responsible management of hazardous materials and waste involved in the construction of the Project from points of generation to ultimate disposition. 100 May 7, 2025 Exhibit A Page 19 3. The plan should include the hazardous materials abatement in the demolition plans. H. SITE INVESTIGATIONS 1. Consultant shall perform any necessary site investigations, surveys, and studies to thoroughly verify all known site conditions, identify unknown conditions, and collect information and data necessary to develop the GMP for the Project. 2. When required for site investigation, Consultant shall locate and protect control points prior to starting the investigations and preserve permanent reference points throughout the Project and shall require the engineer or surveyor to replace control points which become lost or destroyed. 3. Any destructive testing or exploration as required during the Preconstruction Phase will need to be patched and/or repaired to the original condition unless directed otherwise by the City. Provide photo documentation of the original condition prior to the destructive investigation work. I. DESIGN 1. The Consultant shall meet with the City to review the design process required to meet the project critical success factors and criteria requirements. Process shall address the operational needs of the facility, need for stakeholder reviews, phasing, and lead times required to complete the work within the Project schedule. 2. Validation Period: Prior to start of design, Consultant and City will engage in a validation period to identify potential project risks and establish early alignment on cost, schedule and scope. Outcomes include establishing the following: a. Target Budget b. Target Scope c. Target Schedule d. Deferred Scope not included in Target Scope 3. Consultant shall work with the City to identify all stakeholders and their level of engagement for design during Preconstruction. 4. The City’s Representative shall support coordination with stakeholders. 5. The Consultant shall provide design services that will best achieve the City’s needs, function, quality, performance, and to confirm the Design Build Budget and schedule. 6. The Consultant shall hold meetings with the City, City representatives, consultants and stakeholders as needed to develop a design that is approved by the City. 7. The Consultant shall incorporate approved items and processes from the City of Dublin’s Department of Public Works as applicable (Exhibit A). 101 May 7, 2025 Exhibit A Page 20 8. The Consultant shall create a Responsibility Matrix including fixtures, furnishings, and equipment. 9. The design must reflect the requirements of the City, all stakeholders, and end users. The City, City Representatives, and consultants will review the design and provide comments. Consultant shall reconcile or incorporate all City, City Representatives, and consultants’ comments until accepted by the City. 10.Contractor shall identify any subsequent required environmental permits and clearances, and prepare permit applications and provide technical information for securing such permits or clearances. This shall include the development and implementation of Best Management Practices (BMPs) for dust control, hazardous material abatement, and sediment control consistent with California Storm Water Quality Association (CASQA) Best Management Practice Handbook, Storm Water Pollution Prevention Plan, Storm Water Management Requirements (SWR), and other authorities as required. 11.Consultant shall provide a copy of agreements with architects, engineers, and subconsultants/subcontractors to the City. 12.The necessary design services shall be apportioned into the Preconstruction Phase to support the development of the GMP. The anticipated design submissions are listed in Paragraph 14.e. Design Submissions. Consultant shall manage the services provided so that the transition between phases is seamless. The design services may be provided under either or both contract phases and in many instances will be started in the Preconstruction Phase and completed in the Final Design and Construction Phase. 13.Provide services to develop plan layouts to reflect the requirements of all stakeholders and end users. Consultant shall provide architectural, engineering, and consulting services as required to construct the Project in accordance with all stakeholder requirements, good practices, applicable building codes, and the Project Criteria. 14.Design Submissions a. Consultant shall prepare Design Submissions to the level of development consistent with the AIA guidelines. b. Consultant shall separately identify in writing at the time of each of its formal submissions of Design Documents, any portions thereof that by reason of information contained or omitted constitute deviations from the requirements of the Project Criteria, design intent or approved deviations previously approved by City. c. All Design Submissions shall be submitted in a format and file type approved by the City. d. Specifications shall not contain restrictions that will limit competitive subcontractor bids. Where articles, materials, and equipment are identified by brand names, at least two brand names shall be specified, and shall be followed by the words “or equal”. Exceptions shall only be as permitted by California Public Contract Code section 3400. e. Design Submissions shall be required to be submitted to the City at: 102 May 7, 2025 Exhibit A Page 21 i. Design Development (100%) f. Provide Basis of Design/Systems Confirmation i. The Consultant shall develop and provide a Systems Confirmation and Basis of Design Submittal with the City as soon as practical after the Preconstruction Phase starts. This Submittal will validate the design direction and identify the final Basis of Design for the City’s review and approval. The Systems Confirmation and the Basis of Design shall be complete for all disciplines. These documents shall depict the materials, equipment, design, layout, and general conditions of each scope of work in sufficient detail to confirm compliance with the City provided references including but not limited to the Performance Criteria. g. Provide Design Documentation i. Site Plan: Overall site plan including the size and locations of all proposed elements. Provide plans showing the following site elements: 1. Prepare Code Analysis Plans to show compliance with codes including CalGreen, accessibility, Alameda County Fire Department for fire access, fire separation, firefighting, and circulation. h. All submission of documents shall be subject to review by the City, City representatives, and consultants. i. Review meetings between the Consultant and the City to review the Design Submissions shall be scheduled and held so as not to delay the Work. Such review shall not relieve the Consultant from its responsibilities under the Agreement. ii. Such review shall not be deemed an approval or waiver by the City of any deviation from, or of the Consultant’s failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the document submitted by the Consultant and approved in writing by the City. iii. Consultant must incorporate, clarify, or reconcile all design review comments provided by the City. i. Submit quality review check and final drawings to City at all phases of the project for review. Prior to submittal, documents must have been reviewed by Consultant for compatibility, professional quality, technical accuracy, coordination, and continuity in design, as well as construction phasing/sequencing. This applies to all submittals made to City. Submissions shall be in digital (pdf) format per current industry standards. j. All drawings, specifications and calculations submitted to City shall contain a statement that the document has been reviewed for professional quality, technical accuracy, completeness and coordination within and between disciplines and coordination with other City consultants. The statement shall be signed by the respective licensed person for that discipline. This applies to all submittals made to City. J. GUARANTEED MAXIMUM PRICE (GMP) 1. The GMP proposal will include a written statement of its basis which shall include: a. A list of all the documents used to prepare the GMP proposal. 103 May 7, 2025 Exhibit A Page 22 b. A list of clarifications and assumptions made by the Consultant in preparation of the GMP to supplement the information in the Construction Documents. c. A detailed breakdown of all Project costs included in the GMP in a format and level of detail approved by the City. d. Any other information required by the City to define or evaluate the GMP. e. The GMP shall be organized by trade buy out categories, contingencies, and other items that comprise the GMP, including but not limited to trade buy-out packages and CSI masterformat summaries. f. The date of contract completion which the GMP is based, and a schedule of the construction documents issuance upon which the completion date is based. g. Consultant shall provide price breakdown in the level of detail as required for City’s evaluation of fee items including but not limited to: i. General Conditions ii. General Requirements iii. Design Contingency iv. Construction Contingency v. Bonds and Insurance vi. General Contractor Fee 2. Elements within this Preconstruction Phase scope of services may be modified or removed by mutual agreement between the Consultant and the City to support the earliest and most efficient development of the GMP (e.g., 100% Design Development Submission may be removed if GMP can be developed at an earlier stage of the design). 3. The GMP must not exceed the Design-Build Budget. 4. City and Consultant will negotiate the final terms of the GMP. a. The City will review the GMP Proposal and provide comments. b. The Consultant shall reconcile, incorporate, or respond to all City comments. c. In the event the City and the Consultant do not agree to a GMP, the City may solicit proposals to complete the Project from other firms. Any and all criteria, information, documentation, deliverables, or other product developed as part of the Preconstruction Phase shall become the sole property of the City and may be used by the City to complete and close out the Project at no additional costs or expense to the City. K. PROJECT CRITERIA DOCUMENTS 1. During the development of the GMP, the Contractor will develop its Design and Construction Documents using the City provided Project Criteria Documents. The Consultant shall maintain a log of all changes to the Project Criteria documents and shall submit and review the log with the City during the weekly meetings. L. SUBCONTRACTOR PACKAGE BUYOUT PLAN AND RELATED INFORMATION 1. Consultant shall prepare a subcontractor package buyout plan that includes a description of how they intend to approach subcontractor package buyout to maximize values and meet City procurement requirements. The plan shall outline the trade packages, buyout sequence, and anticipated dates of award. The buyout activities shall 104 May 7, 2025 Exhibit A Page 23 be included in the baseline Project schedule. M. OUTREACH PROGRAM Reserved. N. COMMUNITY WORKFORCE AGREEMENT (“CWA”) POLICY This project will be subject to the Community Workforce Agreement (“CWA”) policy adopted by the City of Dublin, which applies to all construction projects of $1 Million or more awarded by the City Council. If the contract award, including any bid alternates awarded by the Board, totals $1 Million or more, as a condition of the contract award, the successful bidder must sign the CWA acknowledgement/certification supplied by the City. The Consultant and each Consultant member and its subcontractors will be required to execute the City’s standard Community Workforce Agreement (CWA) adopted by the City of Dublin City Council. The Consultant entering into a CWA is in lieu of the Consultant providing an enforceable commitment to the City that it and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project as required by Public Contract Code section 22172(b). O. OTHER REQUIREMENTS Deliverables requiring submission and review during the Preconstruction Phase, include, but are not limited to, the following: 1. Project Schedule 2. Cost Estimates 3. Environmental Permits and Clearances 4. Environmental Hazard Plan 5. Information as necessary to assist City in producing various reports and the PMP 6. Design Documents 7. GMP and Supporting Documents 8. Conformed Project Criteria 9. Subcontractor Buyout Package Plan 10.Other items as applicable FINAL DESIGN AND CONSTRUCTION PHASE (NOT IN CONTRACT) 105 May 7, 2025 Exhibit A Page 24 PROJECT CRITERIA DOCUMENTS 1. Project Overview The City of Dublin intends to perform exterior building upgrades including waterproofing, roofing, exterior painting, and structural repairs at multiple City facilities. The project will be executed under a Progressive Design-Build (PDB) delivery method. 2. Project Objectives - Ensure the long-term integrity and aesthetic of public facilities. - Maintain operational status of facilities during construction. - Comply with regulatory, historic preservation, and safety standards. 3. Project Scope Summary - Civic Center Waterproofing: Replace/storefront glazing, sealants, and apply coatings. - Roofing: Replacement at multiple buildings including shingle and TPO systems. - Painting & Repairs: Exterior painting, repairs to wood/stone siding, and compliance with historical standards. - Preconstruction Services: Design development, cost control, stakeholder coordination, GMP development. 4. Key Project Phases A. Preconstruction Phase - Validation of schedule, scope, and budget - Design development and coordination with stakeholders - Site investigations and permitting - Monthly cost estimates and progress reports B. Final Design & Construction Phase - Completion of construction documents - Construction based on the Guaranteed Maximum Price (GMP) 5. Progressive Design-Build Criteria Design-Build Entity (DBE) Qualifications - Must include licensed professionals for architecture and engineering 106 May 7, 2025 Exhibit A Page 25 - Experience in occupied facility renovations and historical preservation - Capable of producing cost-effective designs within budget and schedule Responsibilities - Deliver phased design services with City approvals at milestones - Develop a Baseline Schedule using Primavera (P6) - Provide monthly updated schedules and risk assessments - Establish a Responsibility Matrix for FF&E - Manage design compliance with Title 24, ADA, and all relevant codes - Hold stakeholder and coordination meetings - Maintain alignment with Project Criteria and City objectives 6. Performance Standards - All services to meet professional standards and applicable codes - Deliverables to be complete, coordinated, and constructible - Consultant to be solely responsible for the quality and accuracy of work 7. Cost and Budget Control - Review initial Design-Build Budget - Provide monthly cost estimates per AACE Class 1 - Recommend value engineering options - Submit formal GMP proposal with all supporting documentation 8. Project Criteria The DBE must use the “Project Criteria Documents” (e.g., Civic Center waterproofing documents, referenced in the agreement) as the baseline for scope and design. 9. Meetings and Reporting - Kick-off within 14 days of NTP - Weekly design and progress meetings - Monthly progress reports covering cost, schedule, and issues - Support City’s Monthly Report and public communication 107 May 7, 2025 Exhibit A Page 26 10. Design Submissions - 100% Design Development - Systems Confirmation and Basis of Design - Permit and code compliance documentation - Reconciliation of all City review comments 11. Legal and Compliance Requirements - Compliance with California Labor Code (Section 1720 et seq.) - Registration with the Department of Industrial Relations - Adherence to prevailing wage and work hour laws - Environmental hazard control and abatement plan 12. Deliverables - Baseline Schedule and updates - Design documents and cost estimates - GMP proposal and supporting data - Permitting and code analysis documents - Final construction-grade documents and QA/QC reviews 13. Documents The following documents are incorporated by reference: 1. Dublin Civic Center Clock Tower Condition Assessment Report Prepared by Axix Building Envelope Design, Inc. January 31, 2025 2. Dublin Arts Center Exterior Envelope Repairs Prepared by Axix Building Envelope Design, Inc. May 15, 2024 108 May 7, 2025 Exhibit A Page 27 PAYMENT PROVISIONS, PROJECT PERSONNEL AND BILLING RATES I.PAYMENT PROVISIONS A. Payments for services will not exceed Payment Limit specified in Section 2 of this Agreement. In addition, payments will not exceed the following amounts for each phase or period indicated below unless approved in writing by the City. The City shall authorize the use of allowances prior to beginning any work associated with the identified allowances: 109 May 7, 2025 Exhibit A Page 28 Grand total including reimbursables and allowances is $731,320.00 B. Unless otherwise agreed, Consultant shall submit to the City, during the final week of each payment period, an electronic draft request for payment projected out through the end of the payment period. The City and Consultant shall meet to review the draft request for payment to reach consensus on percentage completion. The Design Builder shall revise and resubmit 110 May 7, 2025 Exhibit A Page 29 request for payment to include agreed upon percentages complete. C. Neither City’s right to review and comment upon the work of Consultant, nor the review of, approval of, acceptance of, or payment for the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance or nonperformance of this Agreement. D. City’s payment of the Contract Amount includes payment for any expenses Consultant may incur in performing the services under this agreement, and City will not reimburse Consultant for expenses it or its subconsultants’/subcontractors’ time and expenses for transportation between Consultant’s and its subconsultants’/subcontractors’ various offices. Costs for such transportation are deemed covered by the Contract Amount. E. If City requires additional services outside of the scope of services, City and Consultant will develop a scope of services describing the services, and Consultant will charge City at the rates set forth in Attachment 1 (Billing Rates) to this Appendix B (Payment Provisions). II. PROJECT PERSONNEL AND BILLING RATES A. Consultant’s personnel positions assigned to the Project and their billing rates are set forth below. POSITION BILLING RATES 111 May 7, 2025 Exhibit B Page 1 EXHIBIT B SPECIAL CONDITIONS TO THE CONSULTING SERVICES AGREEMENT The parties to the Agreement agree that the following special conditions are incorporated into the terms of this Agreement and are part of this Agreement. ARTICLE 1: EXTRA SERVICES A. When authorized by a written Amendment to this Agreement, the following extra services and fees shall be mutually agreed upon in accordance with the rates specified in the Labor Rate Schedule, Appendix B, and Article 1.D. below. 1. Revisions to approved design and Working Drawings to accommodate changes, excluding corrections of errors or omissions by Consultant or changes initiated by Consultant, when so directed by City. 2. Preparation of measured drawings of existing structures, except as required for planning the additions or alterations thereto listed in the Scope of Services, Appendix A. 3. Selection of movable furniture, equipment, or other articles which are not otherwise included in a construction Agreement or required by the Scope of Services listed in Appendix A. 4. Additional services necessary to correct defects in or damage to the Project, excluding corrections arising from the errors or omissions of Consultant. 5. No additional compensation shall be allowed for delays caused by the errors and omissions of the Consultant. B. If City makes any changes or expansions to the Scope, which results in an increase in the work currently in Consultant’s charge, any additional fee and/or time shall be negotiated commensurate with the work required to be performed by Consultant, provided that a cost/time proposal is submitted in accordance with Article 1.C. C. For any services Consultant considers additional, Consultant shall submit a written notice to the City stating that Consultant considers the work to be additional services. This notification from Consultant must be received within 10 calendar days of receiving verbal or written direction and must specifically describe the scope of such services. In addition, the Consultant must submit a cost proposal, in the format designated by City, within 30 calendar days of receiving verbal or written direction. Failure by Consultant to furnish such written notice and cost proposal within the timeframes specified herein shall constitute a waiver of Consultant’s right for additional compensation. D. In the event Consultant believes that it has been directed to perform extra services and City believes the work to be within the current Scope of Services, Appendix A, or in the event that the parties cannot agree upon the appropriate compensation for services which both parties agree are extra, Consultant agrees to begin, continue and complete any and all outstanding 112 May 7, 2025 Exhibit B Page 2 work pending resolution of the dispute. ARTICLE 2: CHANGES AND AMENDMENTS A. Any change required and performed under the direction of City, within the existing Scope of Services and without an Amendment, shall be accomplished under the then-current Agreement price. B. The rates reflected on the Labor Rate Schedule, Appendix B, which include overhead, administrative costs and profit, shall remain in effect for one (1) year from the date of this Agreement. Rates are subject to a negotiated increase thereafter and shall be utilized in arriving at the negotiated fee for Extra Services. Failure on the part of Consultant to submit a timely proposal shall result in all work being done at the current rate. ARTICLE 3: CONSULTANT STAFF A. In accordance with Section 1.3 of the Agreement, Consultant has been selected to perform the work herein because of the skills, experience, and expertise of key individuals. Consultant shall prepare an Organization Chart, identifying key members of its firm and Subconsultants/Subcontractors including their titles. Personnel provided shall be consistent with personnel identified in Consultant’s Statement of Qualifications dated April 7, 2025. B. Consultant shall designate a qualified, experienced senior staff member satisfactory to City as the Project Manager who shall, so long as the performance of that staff member continues to be acceptable to City, remain in charge of the services for the Project from beginning of program development and design through completion of Construction Support Services provided for in this Agreement. C. Consultant must furnish the names of all lead or key people in Consultant’s firm that will be associated with this Project. If the designated Project Manager or any other designated key/lead person fails to perform to the satisfaction of City, upon written notice, Consultant will have 10 calendar days to remove that person from the Project and replace that person with one acceptable to City. D. A Project Manager and all lead/key personnel for any Subconsultant/Subcontractor must also be designated by that Subconsultant/Subcontractor and are subject to all conditions previously stated in Article 5.C. E. Prior to making any changes in the lead/key personnel associated with this Project, Consultant shall submit a written request for such change to City. The request shall be made at least 30 calendar days prior to the proposed change and shall outline the reason for the personnel change and provide Statements of Qualifications of persons, which Consultant proposes for assignment to that position. No lead/key personnel changes shall be made without prior written approval of City. F. When lead/key personnel are unable or unavailable to perform their duties for a period of time longer than 14 calendar days, prior written approval must be obtained from City for Consultant staff performing the duties of the person on leave during the leave period. ARTICLE 4: CONDITIONS OF WORK 113 May 7, 2025 Exhibit B Page 3 A. Consultant Status and Responsibility 1. Consultant, as an independent consultant and not as an agent of City, shall, without additional expense to City, be responsible for obtaining any business and professional licenses and permits and for complying with any applicable Federal or State laws, codes and regulations, and municipal ordinances, as necessary for the prosecution of Consultant’s work. Consultant shall be similarly responsible for all damages to persons or property that occurs as a result of Consultant’s fault or negligence to the extent caused by Consultant. 2. Without prejudice to Section 5 of the Agreement, Consultant shall be liable for reasonable expenses incurred by City, including court costs, as the result of Consultant’s nonperformance, negligent performance, or delay in the performance of the services required by the terms of this Agreement. In order for Consultant to complete its services within the time schedule herein, Consultant, without additional compensation, may be required to increase the number of staff, shifts, overtime operations, days of work, or any combination of the above. Consultant shall provide all subconsultants/subcontractors with a copy of this Agreement, which shall also be made a part of the subconsultant's/subcontractor’s agreement with the Consultant. Further, the subconsultant’s/subcontractor’s agreement with the Consultant shall require that the subconsultant/subcontractor is bound to the Consultant in the same manner, and to the same extent, as the Consultant is bound to the City under the prime contract documents, with respect to the subconsultant’s/subcontractor’s portion of the work. 114 Attachment 3 11 5 General Improvements Five-Year Capital Improvement Program 2024-2029 16 Number – GI0125 CIVIC CENTER EXTERIOR GLAZING, SEALING & PAINTING Program – GENERAL IMPROVEMENTS PROJECT DESCRIPTION This project will provide for design and construction for the sealing of the exterior natural stone veneer, concrete masonry block, reinstallation and replacement of the glazing in the window systems, and replacement of the caulked joints in the architectural metal panels and stonework at Civic Center. The work on the Dublin Art Center “DAC” side of Civic Center will be done in conjunction with the DAC improvements. The project will also paint the accent trim colors inside City Hall and the exterior surfaces of the building that are not stone or architectural panels. Buildings should be sealed approximately every 10 years and caulking replaced every 30 years to maintain the exterior's appearance and to prevent damage caused by moisture infiltration. PROJECT TIMELINE: The project is currently in design. Construction will begin in 2024. ANNUAL OPERATING IMPACT: None. 2024-2029 CAPITAL IMPROVEMENT PROGRAM ESTIMATED COSTS PRIOR YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 FUTURE YEARS TOTALS 9100 – Salaries & Benefits $150,000 $150,000 9200 – Contract Services $450,000 $450,000 9400 – Improvements $3,650,000 $3,650,000 TOTAL $4,250,000 $4,250,000 FUNDING SOURCE PRIOR YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 FUTURE YEARS TOTALS 6205 – Internal Service Fund – Facilities $4,250,000 $4,250,000 TOTAL $4,250,000 $4,250,000 116 11 7 11 8 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 9/ 3 0 / 2 0 2 5 177 9/ 3 0 / 2 0 2 5 178 9/ 3 0 / 2 0 2 5 179 9/ 3 0 / 2 0 2 5 180 9/ 3 0 / 2 0 2 5 181 9/ 3 0 / 2 0 2 5 182 9/ 3 0 / 2 0 2 5 183 9/ 3 0 / 2 0 2 5 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 CITY OF DUBLIN COMMUNITY WORKFORCE AGREEMENT Between THE CITY OF DUBLIN and THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF ALAMEDA COUNTY AND ITS AFFILIATED LOCAL UNIONS EFFECTIVE as of December 7, 2021 226 INTRODUCTION/FINDINGS 7th day of December, 2021 of all tiers, who shall become signatory to this Agreement by signing the (Addendum A) s that have executed this Agreement (referred to collectively PURPOSE The purpose of this Agreement is to promote the efficiency of construction operations for the City of Dublin through the use of skilled labor resulting in quality construction outcomes, to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project(s) hereinafter defined and covered by this Agreement, and to increase training and employment opportunities in the construction trades through local hire, apprenticeship and pre- apprenticeship, and community partnership programs for residents of the Local Area hereinafter defined. RECITALS projects is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and WHEREAS, large numbers of workers of various skills will be required in the performance of construction work on Projects and will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Projects and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to the Agreement; and WHEREAS, the Contractor/Employers and the Union(s) and the City of Dublin wish to ensure labor peace at the jobsite devoid of any disruption that could jeopardize the schedule and timeliness of the construction process, where both contractors that are signatory to collective bargaining agreements and contractors that are not signatory to collective bargaining agreements are supervising employees; and, WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and 227 City of Dublin, CA December 2021 Community Workforce Agreement Page 3 of 26 WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, SB 922, codified as Public Contract Code Section 2500 et seq., authorizes public entities to use, enter into, or require contractors to enter into, project labor agreements for construction projects, provided the agreement includes specified taxpayer protection provisions, which requirements have been incorporated into this Agreement; and WHEREAS, the contract(s) for construction work on the Projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and WHEREAS, the City of Dublin has the absolute right to select the lowest responsive and responsible bidder for the award of the construction contracts; and WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of the Projects. AGREEMENT NOW, THEREFORE, IT IS AGREED AMONG THE PARTIES HERETO, AS FOLLOWS: 1 DEFINITIONS 1.1 1.2 executed by each and every Contractor/Employer as a condition of working on the Project. 1.3 1.4 of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work. 1.5 (including design-bid, design-build, lease- leaseback or other contracts under which construction of a Project is done) for construction of any Project as that term is hereinafter defined. 1.6 partnership or corporation (including a prime contractor, general contractor, construction manager, design-build entity, lease-leaseback entity, or equivalent), or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and enters into a contract with the City with respect to the construction of any part of the Project, under contract terms and conditions that are approved by the City, and all contractors and subcontractors of any tier. 228 City of Dublin, CA December 2021 Community Workforce Agreement Page 4 of 26 1.7 at a Contractor/Employer can demonstrate meets the all the following qualifications: he or she (a) appeared on the Contractor/Employer's active payroll for at least ninety (90) of the last one hundred and eighty (180) working days prior to award of a Construction Contract; (b) possesses of all licenses and certifications required by applicable state and federal law for the work being performed; (c) has the ability to safely perform the basic functions of the applicable trade as required by law; and(d) has worked at least one thousand (1,000) hours in the applicable craft or trade. 1.8 1.9 December 7, 2021. 1.10 e City has finally determined that the work pursuant to a Construction Contract has been completed. 1.11 within a 15-mile radius of City limits (which includes but is not limited to all or portions of the cities and unincorporated communities of Alamo, Danville, San Ramon, Walnut Creek, Lafayette, Orinda, and Moraga). 1.12 permanently residing in the Local Area, as demonstrated by proof of residency that is not a post office box. 1.13 signatory hereto. 1.14 state-approved apprenticeship training program administered by a Joint Apprenticeship Training Committee for less than two years. 1.15 calendar days following the Effective Date. However, should the City issue any bid documents, requests for proposals, or other equivalent solicitations for a project(s) that satisfies the definition in Section 1.17 between the Effective Date and the Operative Date, this Agreement and all of its provisions shall apply to said project(s). 1.16 the end of the Term. 1.17 the cumulative bid amount(s) submitted by the contractor(s) awarded Construction Contracts for the Project, meets or exceeds one million dollars ($1,000,000). All Construction Contracts required to complete an integrated Project shall be considered in determining whether this threshold is met. The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. projects as defined in this section, whether used in the singular or plural herein. Projects shall not be divided or split into separate contracts for the purpose of evading coverage under this Agreement. 229 City of Dublin, CA December 2021 Community Workforce Agreement Page 5 of 26 1.18 Projects and the implementation of this Agreement. 1.19 as Master Agreement. 1.20 o employees and exempted by the pursuant to California Business and Professions Code section 7125. 1.21 Operative as those phrases are defined in Section 18.2. 1.22 ounty and its affiliated Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.. 1.23 rved in the United States military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable, which is the same meaning set out in 38 U.S.C. § 101(2). 2 SCOPE OF AGREEMENT 2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers performing Construction Contracts on the Project (including subcontractors at any tier), and their successors and assigns, the City, the Council, and the Unions. 2.2 Applicability: During the Operative Term, this Agreement governs all Construction Contracts awarded on a Project as defined. This Agreement shall no longer apply after Completion, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract, when a Contractor performs work under a change order for a Construction Contract, and when start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Project are performed pursuant to a Construction Contract. 2.3 Covered Work: This Agreement covers, without limitation, site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related activities for the Project, that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of a Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary and permanent HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps, pump stations, start up, installation of modular furniture, and final clean up. On-site work includes work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site batch plant constructed to supply materials to the Project. 230 City of Dublin, CA December 2021 Community Workforce Agreement Page 6 of 26 2.3.1 This Agreement covers all on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project). This Agreement also covers any off-site work, including fabrication for the Project defined herein, that is traditionally performed by the Unions and is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s). 2.3.2 The furnishing of supplies, equipment or materials that are stockpiled for later use shall in no case be considered subcontracting. However, construction trucking work, such as the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process, as well as the off- hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation material, construction debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement. Contractor(s)/Employer(s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications. 2.3.3 The on-site installation or application of all items shall be performed by the craft having jurisdiction over such work as set forth under the provisions of this Agreement; provided, however, that the installation of specialty items which may be furnished by the Contractor shall be performed by construction persons employed under this Agreement who may be directed by other personnel in a supervisory role; further, provided, however, in circumstances requiring special knowledge of the particular item(s), work may be performed by construction persons of a manufacturer or vendor where rer or vendor can demonstrate, by an enumeration of specific tasks, that the work cannot be performed by construction persons employed under this Agreement. 2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of various National Agreements as follows: the National Agreement of Elevator Constructors, the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles 4, 13, and 14 of this Agreement shall apply to such work. 2.4 Exclusions: The following shall be excluded from the scope of this Agreement. 2.4.1 Construction Contracts awarded by entities other than the City. 2.4.2 The current or anticipated operation, maintenance, repair, access to or use of any of the es, except in those circumstances where the Project satisfies the requirements set forth in Section 1.17 . 2.4.3 W 231 City of Dublin, CA December 2021 Community Workforce Agreement Page 7 of 26 2.4.4 non-construction craft employees such as executives, managerial employees, engineering employees, design employees, supervisors above the level of general foreman (unless covered by a Master Agreement), and office, clerical, and administrative personnel that are not performing construction work on the project. 2.4.5 Any non-Project work performed on, near or leading to the site of work covered by this Agreement that is undertaken by state, county, or other governmental bodies or their contractors; or by public or private utilities or their contractors. Work performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building shall be excluded. All electrical utility, voice-data-video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work. Additionally, all contracted work performed ahead of the service entrance connection and main point of entry that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work. 2.4.6 Off-site maintenance of leased equipment and on-site supervision of such work. 2.4.7 Construction Contracts issued during a Locally Declared Emergency, pursuant to Dublin Municipal Code Chapter 2.44, which are associated with emergency response and recovery activities and are subject to FEMA Procurement and Contracting Requirements. 2.4.8 Construction Contracts substantially funded by any federal, state, local or other public agency that prohibits the application of this Agreement; however, with respect to such work, the City agrees to make a reasonable effort to defend the application of this Agreement, including by making a written request to the funding source. Notwithstanding the foregoing, should only a specific provision of the Agreement be prohibited by the funding source, then, upon mutual agreement by the Council, the City shall modify the requirements of this Agreement accordingly to allow this Agreement to remain in place and to advance the purposes of this Agreement to the maximum extent feasible. 2.5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified bidder for the award of Construction Contracts under this Agreement, pursuant to Public Contract Code Section 2500 et. seq. The bidder need only be willing, ready, and able to execute the Agreement to be Bound. This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project. A copy of all invitations to bid shall be provided to the Council at the time of issuance. In the event that a Construction Contract extends beyond the Operative Term or any Extended Term, the terms of this Agreement incorporated therein shall survive until Completion, notwithstanding anything to the contrary in this Agreement. 2.6 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its sole option, may change, terminate, delay and/or suspend any and all portions of the covered work at any time; however, if such a Construction Contract or portion of a Construction Contract is later reauthorized, this Agreement shall apply. Furthermore, the City may prohibit some or all work on certain days or during certain hours of the day to comply with applicable codes, laws or 232 City of Dublin, CA December 2021 Community Workforce Agreement Page 8 of 26 mitigate the effect of the ong neighborhood of the Project sites; and/or require such other operational or schedule changes that may be deemed necessary, in its sole judgment, to effectively maintain the primary purpose of the C Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor and Union(s) with reasonable notice of any changes it requires pursuant to this section. 3 EFFECT OF AGREEMENT 3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement. 3.2 By accepting the award of work under a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A. 3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project. 3.4 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Schedule A, the provision of this Agreement shall prevail. Where a provision of a Schedule A does not conflict with this Agreement, the provision of the Schedule A shall apply. 3.5 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement. 3.6 The Contractor(s) has the primary obligation for performance of all conditions of this Agreement. This obligation cannot be relieved, evaded or diminished by subcontracting. Should the Contractor(s) elect to subcontract, the Contractor(s) shall continue to have such primary obligation. 233 City of Dublin, CA December 2021 Community Workforce Agreement Page 9 of 26 3.7 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement. 3.8 The Unions agree that this agreement does not have the effect of creating any joint employment status between or among the City and/or any contractor or subcontractor. 4 WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS 4.1 The Council, the Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of the Project: 4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, refusal to work, walk-off, sit down, stand-in, wobble, boycott, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or any other facility of the City because of a dispute on the Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article, except that the Unions or construction persons employed on the Projects may not participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor dispute exists at a Project jobsite because of a dispute between Unions and Contractor(s) on any other project. 4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on the Project. 4.1.3 As indicated in Section 4.1.1, there shall be no strike, sympathy strike, picketing, handbilling or otherwise advising the public that a labor dispute exists, refusal to work, walk-off, sit-down, stand-in, wobble, boycott, or slowdowns of any kind as a result of the expiration of any local, regional or other applicable labor agreement having application at the Projects and/or failure of the parties to that agreement to reach a new contract. If a Master Agreement expires before the Contractor/Employer completes the performance of work under a Construction Contract and the Union or Contractor/Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike or withhold labor from the Contractor(s) on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the Union(s) and Contractor(s) agree to an interim agreement that will apply until a new Master Agreement is reached, the employees shall work under the terms of the interim agreement until a new or modified Master Agreement is reached between the Union(s) and Contractors(s). If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on the Project 234 City of Dublin, CA December 2021 Community Workforce Agreement Page 10 of 26 during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement. 4.1.4 In consideration of the foregoing, the Contractor(s) shall not incite, encourage, or participate in any lockout or cause to be locked out any employee covered under the termination or layoff of employees by the Contractor(s) for any reasons in the exercise of for any reason. 4.1.5 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/Employer nonpayment of trust fund contributions has occurred, and one (1 when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck, of the intent to withhold labor from the Contractor/Employer subcontractor's workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor/Employer who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article. 4.1.6 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify, in writing, the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. 4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred. 4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or Barry Winograd, as the alternate arbitrator, under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 13.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation. 4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists. 4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate 235 City of Dublin, CA December 2021 Community Workforce Agreement Page 11 of 26 recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator. 4.2.4 The sole issue at the hearing shall be whether or not a violation of Section 4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this mail upon issuance. 4.2.5 Liquidated Damages: If the Arbitrator determines that a violation of Section 4.1 has occurred, the breaching party shall, within eight (8) hours of the issuance of the decision take all steps necessary to immediately cease such activities and return to work. If the breaching party involved does not cease such activities by the beginning of the next regularly scheduled shift following the expiration of the eight (8) hour period after the thousand dollars ($10,000) as liquidated damages to the City per shift until the breach is remedied. The arbitrator shall retail jurisdiction for the sole purpose of determining compliance with this obligation and determining the amount of liquidated damages, if any; but such retention shall not prevent the moving party from seeking judicial enforcement of the initial decision. 4.2.6 filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail. 4.2.7 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties. 4.2.8 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article. 4.2.9 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement. 236 City of Dublin, CA December 2021 Community Workforce Agreement Page 12 of 26 5 PRE-JOB CONFERENCES 5.1 Timing: The Project Manager shall convene and conduct, at a physical or virtual location and time agreeable to the Council, a pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below, at least ten (10) working days prior to the commencement of any Project work, or the commencement of any Project work under a subsequently awarded Construction Contract. 5.2 The pre-job conference shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City or their designee may attend at their discretion. 5.3 The pre-job conference shall include but not be limited to the following subjects: 5.3.1 5.3.2 The craft assignments; 5.3.3 The estimated number of craft workers required to perform the work 5.3.4 Transportation arrangements; 5.3.5 The estimated start and completion dates of the work; and 5.3.6 Discussion of pre-fabricated materials. 5.4 Joint Administrative Committee: In order to ensure the terms of this Agreement are being fulfilled and concerns pertaining to the operation of this Agreement are addressed, the City and the Council shall establish a Joint Administrative Committee comprised of an equal number of representatives from the City and the Council. The Joint Administrative Committee shall meet on a periodic basis during the term of construction, at least annually, to assess the implementation of this Agreement, review the progress of Projects, and facilitate harmonious relations between the parties. Both the City and the Council shall have the right to call a meeting of the Joint Administrative Committee. 6 NO DISCRIMINATION 6.1 The Contractors and the Unions agree to not engage in any form of discrimination on the ground or because of race, color, creed, national origin, ancestry, age, sex, sexual orientation, gender identity, disability or any other basis made illegal by federal, state, and local law against any person, or applicant for employment on the Projects. 7 UNION REPRESENTATION 7.1 The Contractor(s)/Employer(s) recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on the Project. 7.2 The Contractor(s)/Employer(s) shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non-Union contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the independent requirements of 237 City of Dublin, CA December 2021 Community Workforce Agreement Page 13 of 26 the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work. 7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed on the Project. 8 REFERRAL AND CORE WORKERS 8.1 Contractor(s)/Employer(s) performing construction work on the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Unions shall operate the Job Referral System in a non-discriminatory manner and in full compliance with all federal, state, and local laws and regulations, including those that require equal employment opportunities and prohibit discrimination 8.2 The Contractor(s)/Employer(s), including those that are not signatory to a Master Agreement, shall have the right to reject any applicant referred by the Union(s), to the extent permitted under the terms of the applicable Master Agreement. 8.3 Sole Operators. A Sole Operator self-performing work on a covered Project shall execute an Agreement to be Bound, attend the pre-job conference and identify themselves as a Sole Operator, but shall not be required to request dispatch from the union hall with jurisdiction over covered Project, the Sole Operator will be treated as a Core Worker and any subsequent employee(s) will be dispatched from the hiring hall. Before hiring an employee(s) on the Project, the Sole Operator must request permission from the JAC through the Coordinator and provide evidence of compliance with CLSB and Workers Compensation requirements.. 8.4 Core Workers 8.4.1 A Contractor may request by name, and the local Union shall honor, referral of Core Workers. The Union will first refer to such Contractor one (1) worker from the applicable hi procedure shall repeat until such Contractor/Employer has hired a maximum of five (5) Core Workers. Thereafter, all additional employees shall be hired exclusively from the applicable hiring hall out-of- shall be maintained and when the Contractor's workforce is reduced, employees shall be reduced in reverse order and in the same ratio of Core Workers to hiring hall referrals as was applied in the initial hiring. This Section applies only to employers not signatory to a Master Agreement and is not intended to limit the transfer provisions of the Master Agreement of any trade. As part of this process, and in order to facilitate contract administration procedures and the appropriate fringe benefit fund coverage, all Contractors shall require their Core Workers to register with the appropriate Union hiring hall and be dispatched to the Project prior to starting work. 8.4.2 Upon request by any Party to this Agreement, including the applicable Union, the Contractor employing any Core Worker shall provide satisfactory proof (i.e., payroll 238 City of Dublin, CA December 2021 Community Workforce Agreement Page 14 of 26 qualification as a Core Worker to the City and the Council. 8.4.3 Prior to each Contractor performing any Covered Work on a Project, such Contractor or subcontractor shall provide a list of its Core Workers to the City and the Council. Failure of such a Contractor to do so will result in that Contractor being prohibited from using any Core Workers on that Construction Contract. 8.5 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman they consider necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement. 8.6 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires any worker(s) pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately direct such worker(s) to the appropriate Union hiring hall to be referred for work on the Project. 9 WAGES AND BENEFITS 9.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on the Project, in the amounts designated in the applicable Master Agreement(s). 9.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 9.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s). 9.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail. 9.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement. 9.5 Work on Fire Sprinkler Systems: All inspections on a Fire Sprinkler System shall be performed by an ASSE 15000 certified Sprinkler Fitter who is registered with the Office of the California State Fire 239 City of Dublin, CA December 2021 Community Workforce Agreement Page 15 of 26 Marshall. All testing and/or maintenance performed on any Fire Sprinkler System shall be performed by an individual who has graduated from a state-approved apprenticeship program. All apprentices working on fire protection systems shall be registered with a state-approved apprenticeship program. 10 LOCAL HIRE, APPRENTICES, AND WORKFORCE DEVELOPMENT 10.1 Local Hire: It is in the interest of the parties to this Agreement to facilitate employment of Local Area residents and to use resources in the Local Area in construction of the Project. It is the objective of the parties that not less than twenty percent (20%) of all hours worked on the Project will be worked by residents of the Local Area. The Unions will exert their utmost efforts to recruit sufficient numbers of craft persons that are Local Residents to fulfill the referral requirements of the Contractor(s)/Employer(s). To the greatest extent allowed by law, and to the greatest extent and qualifications, the Unions shall refer Local Residents, including journeymen and apprentices, for Project work covered by this Agreement. 10.2 Apprenticeship and Workforce Development: 10.2.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in their respective crafts to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured. Notwithstanding the foregoing, Contractor may employ an apprentice that is enrolled in a California state- approved apprenticeship program other than a Joint Apprenticeship Training Program provided that (i) the apprentice is a Local Resident, (ii) the Contractor previously requested a Local Resident apprentice from the applicable Joint Apprenticeship Training Committee and one was not provided, and (iii) the apprentice counts toward the maximum number of Core Workers allowed to the Contractor on the Project under Section 8.4.1. 10.2.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination. 10.2.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised. 10.2.4 Consistent with the requirements of California Labor Code §§ 1776, 1777.5 and 1777.6, Contractor(s)/Employer(s) shall hire one (1) New Apprentice for the first one million Thereafter, Contractor(s) will be required to hire one (1) New Apprentice for every five million dollars ($5,000,000) The New Apprentice(s) must work a minimum of to the fullest extent permissible by state law and the Master Agreements. 10.2.5 The Contractor may deploy the apprentice to work on another concurrent project in order to meet the minimum hours, and those hours will be counted towards the total hours of the 240 City of Dublin, CA December 2021 Community Workforce Agreement Page 16 of 26 craft on the City of Dublin project. Certified Payroll must reflect the hours worked. The Contractor must fully document efforts to hire a New Apprentice, through the following steps: 1) requesting New Apprentices through the Union dispatch procedure, 2) contacting a minimum of three (3) MC3-certified or Union pre-apprenticeship training programs for the applicable craft or trade for referral of Local Residents. 10.2.6 There can be no more than one (1) entry-level New Apprentice for each craft, provided said crafts have apprenticeship openings and the general contractor will be able to include New Apprentices hired by their subcontractor to meet this requirement. The Unions will agree to cooperate with the Contractor(s) in furnishing apprentices as requested and the hiring of the apprentices will be in accordance with the Apprenticeship provisions listed in the Master Agreements and/or the Union agreements with the Division of Apprenticeship Standards, and the apprentices shall be properly supervised and paid in accordance with provisions contained within the Master Agreements. The Unions and Contractor(s)/Employer(s) shall cooperate with local pre-apprenticeship programs to ensure Local Residents have the opportunity to apply for and enter into the apprenticeship programs. 10.2.7 Failure of Contractors and their subcontractors to maintain qualified apprentices on the job will be subject to corrective action and, if not corrected, monetary penalties, as determined by the Grievance Committee as identified in Article 13. 10.2.8 Enforcement, Compliance & Reporting: Contractors will be required to submit Certified Weekly Payrolls to the City along with monthly workforce utilization reports documenting Article 10. At a minimum the monthly reports must include 1) data on Local Residents work hour utilization on a craft by craft basis, 2) number of New Apprentices hired and the hours they have worked, 3) documentation showing any requests made to the Union dispatchers for Local according to the Grievance and Arbitration procedure outlined in Article 13. 10.3 Community Workforce Partnerships. The parties recognize the need to build within the Tri-Valley goals of providing career opportunities and of developing adequate numbers of competent workers in the construction industry. In furtherance of these goals, the parties agree to work together in good faith, and in partnership with the Construction Trades Workforce Initiative (CTWI), and in conjunction with other interested Tri-Valley community-based organizations, to identify and develop an initiative or multiple initiatives to connect residents of the Tri-Valley Region with careers in the Building and Construction Trades, with a particular focus on providing opportunities to disadvantaged individuals. 10.4 Helmets to Hardhats. 10.4.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment resource for preliminary orientation, assessment of construction aptitude, referral to 241 City of Dublin, CA December 2021 Community Workforce Agreement Page 17 of 26 apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties. 10.4.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for the Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience. 11 COMPLIANCE 11.1 It shall be the responsibility of the Contractor(s)/Employer(s) and Unions, and not the City, to investigate and monitor compliance with the provisions of Article 9 of this Agreement. Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on the Project. Because the Project is a public work subject to the California Labor Code, the City or its designee shall comply with its obligations thereunder as well as this Agreement. 12 JOINT ADMINISTRATIVE COMMITTEE 12.1 shall be comprised of two (2) representatives selected by the City and two (2) representatives selected by the Council. The City and the Council shall designate alternates who may serve in the absence of the designated representatives for any purpose. The JAC shall meet quarterly, or at the request of any Party to the Agreement, including Contractor(s)/Employer(s), to review the implementation of the Agreement, review progress of the Projects, and resolve concerns or issues relating to the administration of the Agreement; however, the JAC may not change, amend, add to or detract from any of the provisions of the Agreement. The Project Manager shall convene and facilitate the quarterly meetings and any other meetings as requested. 12.2 The City and Council representatives shall report on Project progress and provide ongoing workforce projections to facilitate efficient construction and compliance with the Local Hire goal. 12.3 The JAC shall convene in an effort to resolve any grievance filed pursuant to Article 13 by unanimous vote, with such resolutions to be final and binding on all signatories to the Agreement. The failure of any party to attend said hearing shall not delay the hearing or issuance of an award by the JAC, and in the absence of any party to the grievance, the hearing may proceed ex parte. If the JAC is unable to resolve the grievance, the grievance may be referred in accordance with Step 3 of Article 13. 13 GRIEVANCE ARBITRATION PROCEDURE 13.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article 4 and Article 14, shall be subject to resolution by the grievance arbitration procedures set forth in this Article. 13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee working on the Project shall be resolved through the grievance and arbitration provisions 242 City of Dublin, CA December 2021 Community Workforce Agreement Page 18 of 26 contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or discharged without just cause. 13.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties. 13.4 Grievances shall be settled according to the following procedures: Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance. Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the ntative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2. Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article 4, or if not available, the alternate arbitrator designated in Article 4, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three (3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second. 1. William Riker 2. Carol Vendrillo 3. Morris Davis 13.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall 243 City of Dublin, CA December 2021 Community Workforce Agreement Page 19 of 26 be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator. 13.6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes. 13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting. 13.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union(s) prevail. The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so order. 13.9 Should any of the arbitrators listed in this Article or Article 4 no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement. 14 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 14.1 The assignment of Covered Work will be solely the responsibility of the Contractor(s)/Employer(s) performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction 14.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Contractor(s)/Employer(s) shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractor(s)/Employer(s) and Unions parties to this Agreement. 14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan. 14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow- is resolved. Individual employees violating this section shall be subject to immediate discharge. 244 City of Dublin, CA December 2021 Community Workforce Agreement Page 20 of 26 14.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together. 15 MANAGEMENT RIGHTS 15.1 Consistent with the Master Agreements, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized. 16 DRUG AND ALCOHOL TESTING 16.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited. In addition, the use and/or sale of tobacco or vaping products on City property is prohibited. 16.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A. 17 SAVINGS CLAUSE 17.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent. 17.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void. 17.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article 4. 18 TERM 18.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project. 245 City of Dublin, CA December 2021 Community Workforce Agreement Page 21 of 26 18.2 The Operative Term shall be a period of five (5) years. Prior to the five (5) year anniversary of the Operative Date of this Agreement, the City and the Council shall meet to discuss proposed changes to the Agreement and/or whether to extend the agreement for an additional period or periods of 19 MISCELLANEOUS PROVISIONS 19.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require. 19.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed PDF signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures. The Parties agree that the Agreement may be executed using electronic signatures so long as they are valid and enforceable under California law. 19.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement. 19.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof. 19.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require. [SIGNATURES TO FOLLOW] 246 City of Dublin, CA December 2021 Community Workforce Agreement Page 22 of 26 CITY: COUNCIL: CITY OF DUBLIN, a California Municipal Building and Construction Trades Council of Corporation Alameda County , AFL-CIO By: ______________________________ By: ___________________________________ Linda Smith, City Manager Andreas Cluver, Secretary-Treasurer Date: ______________________________ Date: ___________________________________ Attest: By: ______________________________ Marsha Moore, City Clerk Approved as to Form: By: ______________________________ John Bakker, City Attorney 247 City of Dublin, CA December 2021 Community Workforce Agreement Page 23 of 26 SIGNATORY UNIONS Asbestos Workers, Local 16 _____________________________________ Boilermakers, Local 549 ______________________________________ Bricklayers and Allied Craftworkers, Local 3 _____________________________________ Northern California Carpenters Regional Council (on behalf of Carpenters, Local 713, Carpenters, Local 2236, Lathers, Local 68L, Millwrights, Local 102, and Pile Drivers, Local 34) ______________________________________ Cement Masons, Local 300 _____________________________________ Plasterers, Local 66 ______________________________________ Electrical Workers, Local 595 _____________________________________ Elevator Constructors, Local 8 ______________________________________ International Union of Painters and Allied Trades, District Council No. 16 (on behalf of Auto & Marine Painters, Local 1176, Carpet & Linoleum Layers, Local 12, Glaziers, Architectural Metal & Glassworkers, Local 169, Painters & Tapers, Local 3) _____________________________________ Ironworkers, Local 378 ______________________________________ Laborers, Local 67 _____________________________________ Laborers, Local 304 ______________________________________ Operating Engineers, Local 3 _____________________________________ Roofers and Waterproofers, Local 81 ______________________________________ 248 City of Dublin, CA December 2021 Community Workforce Agreement Page 24 of 26 Sheet Metal Workers, Local 104 ______________________________________ Sprinkler Fitters, Local 483 ______________________________________ Teamsters, Local 853 _____________________________________ United Association of Steamfitters, Pipefitters, Plumbers and Gasfitters, Local 342 ______________________________________ United Association, Underground Utility & Landscape, Local 355 _____________________________________ 249 City of Dublin, CA December 2021 Community Workforce Agreement Page 25 of 26 ADDENDUM A AGREEMENT TO BE BOUND [Date] [Addressee] [Address] Re: Community Workforce Agreement for the City of Dublin Agreement to be Bound Dear ________________: The undersigned confirms that it agrees to be a party to and bound by the Community Workforce Agreement for the City of , as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms. By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section 9.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s). The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement undertaken by the undersigned, and the undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound. This Agreement to Be Bound shall survive the end of the Term of the Agreement, as specified in Section 2.5 of the Agreement. This letter shall constitute a subscription agreement, to the extent of the terms of the letter. CONTRACTOR/SUBCONTRACTOR:____________________________________________ California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________ Name of Authorized Person (print): ________________________________________________ Signature of Authorized Person: ___________________________________________________ Title of Authorized Person: ______________________________________________________ Telephone Number of Authorized Person:___________________________________________ Address of Authorized Person:____________________________________________________ State Public Works Registration Number: __________________________________________ 250 City of Dublin, CA December 2021 Community Workforce Agreement Page 26 of 26 ADDENDUM B SIDE LETTER REGARDING AMADOR VALLEY INDUSTRIES Pursuant to this Side Letter, the Community Workforce Agreement does not apply to off-hauling of construction debris contained in a debris box by the City of Dublin , Amador Valley Industries, LCC, provided that such hauling is performed by a member of Teamsters Local 70. Any other off-hauling is covered by the Community Workforce Agreement if covered under Section 2.3.2. therein. This Side Letter shall not apply to any other franchisee of the City. 150439\1221412 251 STAFF REPORT CITY COUNCIL Page 1 of 6 Agenda Item 8.1 DATE:May 6, 2025 TO:Honorable Mayor and City Councilmembers FROM:Colleen Tribby, City Manager SUBJECT:City of Dublin Human Services Grant Program Funding Recommendations for Fiscal Years 2025-26 and 2026-27 Prepared by: Brad Olson, Management Analyst II EXECUTIVE SUMMARY: The City Council will consider the funding recommendations for the Human Services Grant Program and approve funding allocations for Fiscal Years 2025-26 and 2026-27. STAFF RECOMMENDATION: Adopt the Resolution Approving Human Services Grant Program Funding Recommendations for Fiscal Years 2025-26 and 2026-27. FINANCIAL IMPACT: The City’s Human Services Grant Program is supported by four funding sources – the General Fund, the Affordable Housing Fund, the Community Development Block Grant Program (CDBG), and the American Rescue Plan Act (ARPA). Each qualifying program/project is eligible for a minimum award of $5,000 and a maximum of $25,000. DESCRIPTION: Background The Human Services Grant Program provides financial support to local non-profit organizations serving the Dublin community. Following a recommendation by the Human Services Commission, the City Council awards funding to organizations that best meet the community’s needs in support of the City’s adopted Mission and Vision (Attachment 3) and the community-level challenges and opportunity areas identified in the 2024 Eastern Alameda County Needs Assessment (Attachment 5). In response to a key priority identified in 2024 Eastern Alameda County Needs Assessment, Staff collaborated with counterparts from the cities of Livermore and Pleasanton to revamp and streamline the human services grant process. The revised process includes a simplified 252 Page 2 of 6 application, standardized documentation, and clarified application process. As a result of these improvements, organizations were able to apply for grant funding from all three cities (Dublin, Livermore, and Pleasanton) using a single unified application. Dublin and Livermore transitioned to a two-year grant cycle to further reduce the burden on applicants and provide a longer-term funding commitment. Due to fiscal challenges, Pleasanton chose to continue with a one-year grant cycle, with the option to reassess in the future. Dublin’s funding parameters remain unchanged under the new two-year cycle. Organizations are eligible to apply for an award ranging from $5,000 to $25,000 per project per year. The organizations that are awarded funds will enter into a Funding Agreement. Except for agreements that are for only one year of funding, agreements will stipulate that the total award will be paid over a two-year timeframe and will provide funding amounts for Year 1 and Year 2. These agreements will further stipulate that funding in Fiscal Year 2026-27 is contingent upon funding availability and the satisfactory completion of the grantee’s obligations under the Agreement. Organizations receiving funds will be required to submit insurance documents, timely invoices, and quarterly progress reports on their projected goals. Organizations funded with the County-administered Community Development Block Grant (CDBG) will also be required to participate in annual site monitoring visits. Fiscal Years 2025-26 and 2026-27 mark the 21st and 22nd years of this grant program. The table below summarizes the allocation history of the Human Services Grant Program. ARPA funding will remain available in Fiscal Year 2025-26 but will no longer be available in Fiscal Year 2026-27. At that time, the City’s General Fund allocation is anticipated to return to $160,000. 253 Page 3 of 6 Table 1: Funding Support History Fiscal Year General Fund Affordable Housing Fund CDBG ARPA TOTAL 2015-16 $120,000 $8,000 $69,812 $197,812 2016-17 $140,000 $8,000 $75,602 $223,602 2017-18 $140,000 $8,000 $79,781 $227,781 2018-19 $130,000 $8,000 $91,462 $229,462 2019-20 $130,000 $8,000 $93,970 $231,970 2020-21 $160,000 $8,000 $99,711 $267,711 2021-22 $89,780 $0*$99,183 $163,251 $352,214 2022-23 $98,000 $0*$99,000 $163,000 $360,000 2023-24 $99,000 $8,000 $59,862 $163,000 $329,862 2024-25 $89,000 $8,000 $70,000 $163,000 $330,000 2025-26 $99,000 $8,000 $60,000**$163,000 $330,000 2026-27 $160,000 $8,000 $60,000***$0****$228,000 * Forecasted annually at $8,000 since FY 2015-16 – not utilized in FY 2021-22 and FY 2022-23. **$14,500 is earmarked for a loan obligation, leaving $45,500 for the public service grants. ***$14,100 is earmarked for a loan obligation, leaving $45,900 for the public service grants. ****ARPA funding no longer available in FY 2026-27. Alameda County Urban County CDBG Program Urban County Cities The City of Dublin participates in The Alameda County Urban County CDBG Program along with the cities of Albany, Emeryville, Newark, and Piedmont (cities whose population is/was less than 50,000). These are called the “Urban County Cities,” along with the unincorporated areas of Alameda County. Public Service Grants Per County limits on each Urban County City’s use of CDBG funds, only 15% of CDBG allocation can be used for public-service-based projects. The remaining 85% must be used for capital projects. The County’s past practice has been to review all applications received from each Urban County City to determine if the overall request for service-based projects exceeds the 15% limit. If so, the County requests that each city adjust the service-based project allocation. As recently as Fisal Year 2022-23, CDBG accounted for almost $100,000 of the funds for public service projects. In more recent years, this amount has been reduced as participants in the Urban-County CDBG Program began using more of their share. For example, in Fiscal Year 2023-24, the amount from CDBG was reduced to $59,862, and in Fiscal Year 2024-25 it was reduced to $70,000. Staff is estimating $60,000 per year from CDBG in Fiscal Years 2025-26 and 2026-27. Of this amount, $14,500 is earmarked for the annual loan obligation for the Axis Community Health Clinic in Fiscal Year 2025-26, and $14,100 for the annual loan obligation in Fiscal Year 2026-27. This leaves an estimated $45,500 and $45,900 in Fiscal 254 Page 4 of 6 Years 2025-26 and 2026-27 respectively, available from CDBG for the public service grants. Capital Project Grant For Fiscal Year 2025-26, Goodness Village has requested capital funding to address exterior damage to their existing tiny homes. The request, totaling $17,000, is anticipated to be available as part of the Urban County CDBG Capital Allocation after July 1, and will go straight to review by the Urban County Technical Advisory Committee (TAC). Therefore, it was not included in the competitive review and allocation completed by the Human Services Commission. Staff will return to the City Council to formally review the capital project and request funding support after approval by the TAC. No capital funding requests were submitted for the Fiscal Year 2026-27. Fiscal Year 2025-27 Public Service Projects Typically, the City receives far more service project requests than capital project requests, making the public service grant program relatively competitive. Applications were accepted via the online platform, ZoomGrants, between November 25, 2024 and January 17, 2025. Dublin received 24, as provided in Attachment 6. Table 2 summarizes the total funding requests and availability by source for each of the fiscal years. Table 2. Funding Requests and Availability by Source and by Fiscal Year Funding Source 2025-26 Requested 2025-26 Available 2026-27 Requested 2026-27 Anticipated CDBG (Capital Projects)*$17,000 TBD $0 TBD CDBG (Service Projects)*$64,500 $60,000 $79,100 $60,000 City General Fund, Affordable Housing Fund & ARPA**$405,349 $270,000 $387,367 $168,000 Total $486,849 $330,000 $466,467 $228,000 * Funding from CDBG is not guaranteed for FY 2025-26 or FY 2026-27. Adjustments may be necessary before the start of the fiscal year. ** The $270,000 total in FY 2025-26 comprises $99,000 from the General Fund, $8,000 from the Affordable Housing Fund, and $163,000 from ARPA (for qualifying projects). The $168,000 total in FY 2026-27 comprises $160,000 from the General Fund and $8,000 from the Affordable Housing Fund. Review and Rating Criteria In February 2025, Staff and the Human Services Commission reviewed the public service grant applications to verify that all requests qualified for funding based on the adopted program guidelines. The Community Grant Program Guiding Principles and Rating Guide used in this review is included as Attachment 5. The rating guide was one of several factors used in determining funding recommendations. Other factors included consideration of: The number of Dublin residents served and cost per participant. 255 Page 5 of 6 Past performance of existing Dublin programs. Whether the project addresses one or more of the 9 Community-Level Challenges and Opportunity Areas identified in the 2024 Eastern Alameda County Needs Assessment. Whether City funds are used to leverage other funding sources. Presentation at a Dublin, Livermore, and Pleasanton Joint Human Services Commission Meeting on February 11, 2025. One application, from Senior Health Clinic, was removed from consideration during the review process. The organization is still developing the program and also lacks financial history as discussed during their presentation to the Human Services Commission. Funding Recommendations At its March 27, 2025, meeting, the Human Services Commission discussed and considered funding allocations. The Commission recommended funding all 23 applications in Fiscal Year 2025-26, and 17 applications in Fiscal Year 2026-27. The amounts recommended by the Human Services Commission include reductions across all program/project requests to align with available funding. Attachment 2 summarizes the amounts recommended by the Human Services Commission for each project/program. Six of the applications were from organizations that were new to Dublin, therefore a determination was made to not allocate funds to them in Year 2 (and focus instead of longer-standing grantees) due to the decrease in total anticipated funding. Therefore, the Human Services Commission recommended awarding these organizations $5,000 in Fiscal Year 2025-26 only. Funding Breakdown by Project Type Table 3 breaks down funding recommendations for the public service projects by type (loan obligation, food, shelter, and other). Attachment 2 is also sorted by project type. Table 3: Funding Recommendations by Project Type * “Services – Other” includes projects/programs that provide safety-net services addressing issues like domestic violence/child abuse, disabled/special needs, financial/legal needs, medical/health needs, etc. STRATEGIC PLAN INITIATIVE: None. Project Type Recommended Funding FY 2025-26 Recommended Funding FY 2026-27 Loan Obligation $14,500 $14,100 Services - Food $56,500 $34,840 Services - Shelter $109,000 $70,425 Services - Other *$150,000 $108,635 Total $330,000 $228,000 256 Page 6 of 6 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted, and all grant applicants were provided with a web link to the Staff Report. Outreach and Promotion In November and December 2024, in preparation for the first Tri-Valley grant application process, Staff from Dublin, Livermore, and Pleasanton conducted the following outreach efforts: Provided notice of funding to non-profit organizations. Advertised the funding availability in the East Bay Times. Provided information on the City website. Held a mandatory Grant Application Workshop to review the online application process and discuss program guidelines for the upcoming fiscal year. ATTACHMENTS: 1) Resolution Approving Human Services Grant Program Funding Recommendations for Fiscal Years 2025-26 and 2026-27 2) Exhibit A to the Resolution - Human Services Commission Funding Recommendation Details for Fiscal Years 2025-26 and 2026-27 3) City of Dublin Mission and Vision Statements 4) 2024 Eastern Alameda County Needs Assessment Community-Level Challenges and Opportunity Areas 5) Community Grant Program Guiding Principles and Rating Guide 6) Fiscal Years 2025-26 and 2026-27 Human Services Grant Applications 257 Attachment 1 Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 1 of 2 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING HUMAN SERVICES GRANT PROGRAM FUNDING RECOMMENDATIONS FOR FISCAL YEARS 2025-26 AND 2026-27 WHEREAS,the City received 24 qualifying public service applications for the Fiscal Year 2025-26 Human Services Grant Program and 23 qualifying public service applications for the Fiscal Year 2026-27 Human Services Grant Program; and WHEREAS,funding sources for the Human Services Grant Program include the federally funded Community Development Block Grant (CDBG), the City of Dublin General Fund, the City of Dublin Affordable Housing Fund, and the American Rescue Plan Act (ARPA); and WHEREAS,on March 27, 2025, the Human Services Commission recommended that 23 public service applications receive funding in Fiscal Year 2025-26, and that 17 public service applications receive funding in Fiscal Year 2026-27; and WHEREAS,the City Council considered the recommended service projects attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approve the Human Services Grant Program Funding Recommendations for Fiscal Year 2025-26 and Fiscal Year 2026-27. BE IT FURTHER RESOLVED that the City Manager is authorized to take the following actions: 1.Direct Staff to work with the County of Alameda as required on the CDBG funding allocations in Fiscal Year 2025-26 and Fiscal Year 2026-27 by reallocating funds as needed based on the confirmed CDBG funding guidelines and funding levels each year; and 2.Execute yearly agreements with the County of Alameda for use of CDBG funds, effective July 1, 2025 and July 1, 2026 respectively; and 3.Execute 2-year or 1-year agreements (as applicable) with each grant recipient effective July 1, 2025, in the amounts included in Exhibit A,and take such further actions as may be necessary or appropriate to carry out the City Council’s obligations pursuant to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to the agreements, and make any necessary, non-substantive changes to carry out the intent of this Resolution. 258 Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of May 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 259 Attachment 2 Human Services Commission Funding Recommendation Details for Fiscal Years 2025-26 and 2026-27 Organization Name Grant Proposal Estimated Unduplicated Residents Served Application Scoring Average Funding Received FY24-25 Grant Amount Requested FY25-26 Funding Recommendation FY25-26 Average Cost Per Resident FY 25-26 Anticipated Funding Source Grant Amount Requested FY26-27 Funding Recommendation FY26-27 Average Cost Per Resident FY 26-27 Anticipated Funding Source $31,500 $14,500 $14,100 $14,100 City of Pleasanton Section 108 Loan Obligation (Axis Community Health Clinic)- - $15,000.00 $14,500 $14,500 - CDBG $14,100 $14,100 - CDBG Goodness Village Home Preservation and Weatherproofing (Capital Project)- - NEW $17,000 TBD - - $0 $0 - - SERVICES - FOOD 316 $70,000 $56,500 $70,000 $34,840 Culinary Angels Nutritious Meals for Cancer Patients and Caregivers 6 56.0 NEW $10,000 $5,000 $833.33 GF $10,000 $0 $0.00 - Mercy Retirement and Care Mercy Brown Bag Program 50 74.8 NEW $10,000 $5,000 $100.00 GF $10,000 $0 $0.00 - Open Heart Kitchen Senior Meal Program  200 87.3 $23,000.00 $25,000 $24,000 $120.00 ARPA/GF $25,000 $17,980 $89.90 GF Spectrum Community Services Meals on Wheels: More Than a Meal 60 79.7 $22,500.00 $25,000 $22,500 $375.00 CDBG $25,000 $16,860 $281.00 CDBG SERVICES - SHELTER 759 $157,446 $109,000 $153,568 $70,425 Arukah Tri-Valley Housing and Human Services Grant 1 55.5 NEW $10,000 $5,000 $5,000.00 GF $10,000 $0 $0.00 - Centro Legal de la Raza Tri-Valley Fair and Secure Housing Project 10 75.3 $18,000.00 $22,446 $15,000 $1,500.00 ARPA/GF $23,568 $11,240 $1,124.00 GF City Serve of the Tri-Valley Homeless Prevention, Intervention, and Crisis Stabilization 244 87.8 $23,000.00 $25,000 $23,000 $94.26 ARPA/GF $25,000 $17,230 $70.61 GF Community Resources for Independent Living Housing and Independent Living Skills 30 80.7 $9,000.00 $15,000 $10,500 $350.00 ARPA/GF $15,000 $7,870 $262.33 GF East Bay Innovations Tri-Valley Roadmap to Affordable Housing 15 70.5 NEW $5,000 $5,000 $333.33 GF $0 $0 $0.00 - Front Porch Communities Home Match 6 50.8 NEW $20,000 $5,000 $833.33 GF $20,000 $0 $0.00 - Goodness Village Building Vocational Skills, Community Engagement, and Pathways to Stability*2 72.5 $12,500.00 $20,000 $12,500 $6,250.00 GF $20,000 $9,365 $4,682.50 GF Partners for Change Tri-Valley Alleviating Poverty and Homelessness in the Tri- Valley 26 73.7 $5,000.00 $15,000 $10,000 $384.62 ARPA/GF $15,000 $7,490 $288.08 GF Tri-Valley Haven Homeless and Family Support Services 425 87.2 $22,500.00 $25,000 $23,000 $54.12 CDBG $25,000 $17,230 $40.54 CDBG SERVICES - OTHER 2200 $227,903 $150,000 $228,799 $108,635 Chabot-Las Positas Community College District dba Tri-Valley Career Center Dublin Pathways to Employment 130 70.8 $16,000.00 $24,989 $19,000 $146.15 ARPA/GF $24,989 $14,235 $109.50 GF Chabot-Las Positas Community College District dba Tri-Valley Career Center Dublin VITA Services 120 71.3 $16,000.00 $17,914 $16,000 $133.33 ARPA/GF $18,810 $11,990 $99.92 GF City Serve of the Tri-Valley Senior 60+ Stabilization Program 35 77.5 $17,000.00 $25,000 $18,500 $528.57 GF $25,000 $13,860 $396.00 GF Hively Hive on Wheels Mobile Family Resource Center 1000 90.3 $24,000.00 $25,000 $24,000 $24.00 ARPA/GF $25,000 $17,980 $17.98 GF Legal Assistance for Seniors Legal Services, Medicare Counseling, and Community Education 15 81.7 $10,000.00 $15,000 $10,000 $666.67 CDBG/GF $15,000 $7,490 $499.33 CDBG Lions Center for the Visually Impaired Independent Living Skills for Blind and Visually Impaired Adults 25 78.2 $4,500.00 $10,000 $9,000 $360.00 GF $10,000 $6,745 $269.80 GF Love Never Fails Therapeutic Outreach Network 150 85.2 $7,500.00 $10,000 $7,500 $50.00 GF $10,000 $5,620 $37.47 GF Senior Health Program Senior Health - 60.0 NEW $25,000 $0 $0.00 - $25,000 $0 $0.00 - Sewa Cultivating Acceptance Love and Mindfulness 150 51.8 NEW $25,000 $5,000 $33.33 GF $25,000 $0 $0.00 - Sunflower Hill Dublin Food Access Project 500 76.3 $15,000.00 $25,000 $18,000 $36.00 GF $25,000 $13,485 $26.97 GF Tri-Valley Haven Domestic Violence Services  75 87.3 $23,000.00 $25,000 $23,000 $306.67 ARPA/GF $25,000 $17,230 $229.73 CDBG/GF *8,000 from Affordable Housing Fund Totals: $486,849 $330,000 $466,467 $228,000 PROJECTS FUNDED OUTSIDE OF COMPETITIVE GRANTS PROGRAM FY 2025-26 FY 2026-27 Exhibit A to the Resolution 260 MISSION The City of Dublin promotes and supports a high quality of life, ensures a safe, secure, and sustainable environment, fosters new opportunities, and champions a culture of equity, diversity, and inclusion. VISION Dublin is a great community to live, work, and raise a family. Dublin values: •Business – We will provide a full spectrum of opportunity by supporting current and prospective businesses through ongoing economic development efforts and helping them grow and thrive locally. •Customer Service – We will provide welcoming, excellent customer services to our residents and businesses at all times. •Diversity – We will support a wide range of programs and events that reflect and cater to the diversity of our residents. •Environmental Sustainability – We will continue to lead in building a well-planned sustainable community and protecting our natural resources. •Equity – We will deliver our services in a way that ensures equitable access to all. •Finances – We will strive to be fiscally transparent and balance our budgets annually. •History – We will honor our history through places and programs that remind people of our beginnings. •Inclusivity – We will advocate for programs and policies that support inclusive access to housing and cultural opportunities. •Innovation – We will continue to innovate in every aspect of government and promote innovation within the business community. •Living an Active Lifestyle – We will continuously promote an active lifestyle through our parks and facilities and encourage participation in local sports. •Safety – We are dedicated to excellent public safety resources, including police and fire. Attachment 3 261 Attachment 4 2024 Eastern Alameda County Human Services Needs Assessment Community-Level Challenges and Opportunity Areas* 1 Housing Services 2 Health Care Services 3 Mental Health Services 4 Services Provision, Awareness, and Navigation 5 Racial/Linguistic/Cultural Responsiveness 6 Substance Abuse Services 7 Safety 8 Transportation 9 Youth Services *See page 47 of the 2024 Eastern Alameda County Human Services Needs Assessment 262 Dublin Community Grant Program Guiding Principles The City of Dublin Human Services Grants Program provides financial support to local non-profit organizations serving Dublin residents. The grant program is typically funded through three sources: The City General Fund Affordable Housing Fund Federal Community Development Block Grant Program (CDBG) Other funding sources are also used as they become available. The principles listed below will provide guidance for each funding source. 1.All applications submitted must: a.Address at least one of the City Council’s Funding Priorities b. Address at least one of HUD’s Strategic Goals and Policy Priorities c. Address at least one of the 9 Community-Level Challenges and Opportunity Areas in the Eastern Alameda County Needs Assessment Report (https://www.dublin.ca.gov/DocumentCenter/View/36930/Final-Eastern- Alameda-County-Human-Services-Needs-Assessment-with-Executive-Summary) 2.All funded programs must benefit low-income or high-risk individuals or households in Dublin. 3.All agencies receiving funds cannot discriminate in selecting clients or proselytizing when providing services. 4.Organizations may apply for more than one grant. Each funding request must address a separate program or project and fulfill a different need. Each application will be evaluated on its own merits. 5. Households/individuals may be experiencing more than one critical need. A household/individual will be counted as an unduplicated client in each program that fulfills a different need. 6.The rating sheet will evaluate each application against a specific set of criteria and receive a score on the extent to which those criteria are met. 7.Grantees must submit demographic data on clients, board members, and staff to inform and support City Diversity, Equity, and Inclusion (DEI) initiatives. City Council’s Funding Priorities to fund programs that specifically address critical human service needs: Food and Nutrition Healthcare Homelessness Childcare Attachment 5 263 US Department of Housing and Urban Development (HUD) Strategic Goals Increase homeownership Promote decent affordable housing Strengthen communities Ensure equal opportunities in housing Promote participation of grass-roots faith-based and other community-based organizations US Department of Housing and Urban Development (HUD) Policy Priorities Provide increased homeownership and rental opportunities for low and moderate- income persons, persons with disabilities, the elderly, minorities, and families with limited English proficiency. Improving the quality of life in our Nation’s communities. Encouraging accessible design features. Participation of minority-serving institutions in HUD programs. End chronic homelessness within ten years. Removal of barriers to affordable housing. Tri-Valley Needs Assessment Community-Level Challenges and Opportunity Areas: Housing Services Health Care Services Mental Health Services Services Provision, Awareness, and Navigation Racial/Linguistic/Cultural Responsiveness Substance Abuse Services Safety Transportation Youth Services 264 CITY OF DUBLIN HUMAN SERVICES GRANT RATING GUIDE Organization: Program: City Staff Score Each project has already been scored by city staff in the Grant Ratings Worksheet using the criteria below. These scores will automatically be added to the scores you add for every project that is selected to receive funding. Organization/Management (1 point each, maximum of 5) Description Score The organization previously received funding from Dublin and has fully complied with the City’s management procedures, including invoice and report deadlines. The organization, as presented in the application, is able to achieve the stated goals and outcomes. The organization and its staff are qualified and have the capacity to provide for the program. (non-profit status, resumes for staff, Board of Directors, information on clients served) The organization has completed all required aspects of the application process. The proposed program has a successful proven track record (not a new program). Commission Member Rating Categories Please review each of the applications in ZoomGrants. For each application, provide a score (1-10) for each of the categories below. Descriptions of each score range are included below for guidance. Add your scores for each category, and any notes on each application, to the corresponding cells in the Grant Ratings Worksheet. Need – Rate the need for this program/service. Rating Description Score Low 0-2 The applicant does not articulate a clear need for the project in their application and to address that need. Mid 3-5 The applicant identifies a clear need, but it is not a critical human service need, and/or the applicant does not demonstrate a high likelihood of addressing that need. High 6-10 The applicant identifies a critical human service need in Dublin that other organizations do not and demonstrates a high likelihood of addressing that need. 265 Benefit – Rate the benefit to low-income or high-risk individuals/households in Dublin. Rating Description Score Low 0-2 Applicant demonstrates a low number of low-income or high-risk Dublin individuals/households who will benefit from the project, and the application fails to identify any outcomes or ways it will measure project success. Mid 3-5 Applicant demonstrates a moderate number of low-income or high-risk Dublin individuals/households who will benefit from the project. The application identifies outcomes but is unclear or unlikely to demonstrate a project impact. High 6-10 Applicant demonstrates a high number of low-income or high-risk Dublin individuals/households who will benefit from the project. The application identifies clear and measurable outcomes to demonstrate project impact. Funding Request – Rate the applicant’s funding request. Rating Description Score Low 0-2 The funding request is unreasonably high given the project's proposed impact, and of people served; the project budget is unrealistic. Mid 3-5 The funding request is reasonable but does not demonstrate a high impact or cost effectiveness given the proposed number of people served and/or the project budget has significant questions or flaws. High 6-10 The funding request is a reasonable amount demonstrating high impact and cost effectiveness given the proposed number of people served; the project budget is feasible and sound. Funding Sustainability – Rate the diversification of the project’s funding sources. Rating Description Score Low 0-2 Mid 3-5 The applicant has identified more than one funding source to support the proposed activity/service, but this grant request would be the main source of funds, and the long- term sustainability of the project is questionable. High 6-10 The applicant has identified multiple funding sources to support the proposed activity/service and ensure sustainability. The organization produces other income that may be used to support this program (fundraising). 266 City Funding Necessity – Rate the necessity of City funding for this project. Rating Description Score Low 0-2 The project is not appropriate for City funds and will not reduce demands on other City resources. Mid 3-5 The project is an appropriate use for City funds but will not reduce demands on other City resources and/or other types of funding sources would be a better fit for this project. High 6-10 City funds are critical to the project, and funding request is appropriate for City sources and reduces demands for other City resources. Consistency with Policies – Rate the proposal’s consistency with the HUD Strategic Goals and HUD Policy Priorities. (To determine CDBG eligibility) Rating Description Score Low 0-2 Mid 3-5 High 6-10 City Council Priorities – Rate the extent the proposal addresses one or more of the City Council’s priorities. Rating Description Score Low 0-2 Mid 3-5 The proposal addresses one or two of the Council’s priorities but does not have a high likelihood of doing so effectively. High 6-10 267 Alameda County 9 Community-Level Challenges and Opportunity Areas – Rate the extent the proposal addresses one or more of the 9 challenges and opportunity areas as identified by the 2024 Eastern Alameda County Human Services Needs Assessment. Rating Description Score Low 0-2 9 challenges and opportunity areas. Mid 3-5 The proposal addresses one or two of the 9 challenges and opportunity areas but does not have a high likelihood of doing so effectively. High 6-10 The proposal is highly likely to address multiple areas of the 9 challenges and opportunity areas. Innovation – If funds were allocated last year for the same project/activity, rate the extent to which the applicant adequately responds to changing community conditions. If the proposal is for a new project, rate the extent to which the project uses a new and innovative approach to solve an identified problem. Rating Description Score Low 0-2 The applicant does not demonstrate an ability to adapt the project to changing needs or is not using an innovative approach. Mid 3-5 It is unclear how the project will respond to changing community conditions identified in the application or use an effective but not particularly innovative approach. High 6-10 The applicant demonstrates a high likelihood of responding to changing conditions and/or using an innovative approach. Access – Rate the extent to which the project will ensure non-English speakers, people with disabilities, people experiencing homelessness, seniors, low-income families, and/or youth can access the proposed program or activities. Rating Description Score Low 0-2 The proposal does not mention accessibility concerns and does not describe how it will remove barriers or help community members access its services. Mid 3-5 The proposal addresses accessibility concerns but does not identify concrete or impactful ways the project will remove barriers for priority populations. High 6-10 The proposal describes concrete and impactful ways the applicant will improve language, technology, and/or transportation access for priority populations. 268 + eZl!e:iDUBLIN ll\1£l�@RI:, rLCA�-\WO'-.. Tri-Valley Grants Application Powered by ZoomGrants TM and City of Dublin Tri-Valley Grants Application Email This Preview Save as PDF Print Close Window A1,,. � Attachment 6 FY 2025-2027 Tri-Valley Housing and Human Services Grants Deadline: 1/17/2025 Arukah Arukah: 2025-2027 Tri-Valley Housing and Human Services Grant Jump to: Application Questions Budget Documents Submitted: 1/17/20251:28:13 PM (Pacific) Project Contact Josh Jonas Application Questions top ORGANIZATION INFORMATION Arukah 1.Please identify if your organization is a Non-Profit or Public Agency: For-profit agencies are not eligible for these grants funds � Non-Profit□Public Agency 2.Please state your agency's mission and/or vision statement(s): Mission: Arukah exists to help men who are dealing with the realities of homelessness due to loss of job, being recently released from prison, addictions, or lack of family support. We focus on men who are ready to move forward in life by providing transitional housing, job vocational training, and mentorship. Vision: Arukah envisions Arukah Transitional Homes in every city in the Bay Area and throughout California. We want to give men the opportunity to become better men physically, relationally, emotionally, and spiritually which will in turn have them become better fathers, husbands, sons, friends, and employees. PROJECT INFORMATION 3.Provide a brief summary of the project for which your agency is seeking grant funding. This 269 270 271 272 273 274 275 276 277 underserved by eviction defense legal services providers. This project has been critical in expanding access to eviction defense legal services in the Tri-Valley area. It also enables us to face tenants most at risk of eviction, which includes tenants with disabilities, women with children, elderly tenants, immigrant tenants, and tenants with extremely low income. In our most recent reporting period, 67% of the Dublin tenants we served had extremely low incomes, 50% had a household member with a disability, and 33% were female-headed households. In the same reporting period, 100% of the Pleasanton tenants we served had extremely low incomes, 67% had a household member with a disability, 33% had an elderly person in the home, and 33% were female-headed households. In this way, this project is directly in line with our broader goals and is critical to maximize our impact in Dublin and Pleasanton. 6. Describe the needs, challenges, and/or service gaps that your project addresses. How will clients access the services? If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. Between 2010 - 2020, the share of renters that were burdened by the cost of housing in Tri-Valley increased from 42% to 47%, whereas the 9-county Bay Area saw a decrease from 50% to 47% in the same period (https://bayareaequityatlas.org/indicators/housing-burden). This has only worsened in the post-pandemic reality of increased inflation and the lingering financial impacts of the COVID-19 pandemic, which have affected women and women-headed household the most (https://bayareaequityatlas.org/recovery-tracker/how-women-are-faring). Additionally, Alameda County is in the midst of an eviction crisis. Data from Alameda County Superior Court shows that eviction rates are holding steady at 150% of pre-pandemic levels, with no end in sight. This holds true for Pleasanton and Dublin. Between June 2023 and June 2024, 268 Dublin tenants and 278 Pleasanton tenants faced eviction cases. During that same time period, Dublin and Pleasanton had higher eviction rates than their rates of renter-occupied households. Evictions in Dublin comprised 3.8% of all County evictions, yet Dublin has 2.8% of the County’s renter population. Evictions in Pleasanton comprised 3.7% of all County evictions, and Pleasanton has 3.5% of all County renters. In FY 23-24, 27% of Dublin and Pleasanton tenants served by Centro Legal reported receiving an Unlawful Detainer (eviction notice); an additional 23% were unable to pay rent; 23% received a notice of termination of tenancy; 9% needed repairs necessary for health or safety; 9% reported they were still impacted by COVID-19; and 6% were dealing with unfair or illegal behavior by their landlord. Data from the American Housing Survey estimates that there are 5.5 times as many “informal evictions'' as formal evictions. (Zainulbai & Daly, Informal Evictions: Measuring Displacement Outside of the Courtroom (2022)). “Informal evictions” occur when a tenant is coerced or otherwise pushed to leave their home outside of the court process. This often occurs because tenants do not understand their legal rights and options. Equipping tenants with information before an eviction case is filed is critical to keeping tenants housed. Historically, there has been a lack of tenant legal services targeted to Tri-Valley cities. This program is essential to meet the ongoing and increased need. If we do not receive funding, more residents will face eviction without the assistance of an attorney. Research consistently shows that low-income residents who have the right to stay in their homes need legal representation in order to make that right a reality. Low-income clients will access our services by reaching us by phone, email, online, in-person, or through the Get Help Tool on the www.ac-housingsecure.org website. We also receive referrals from partner organizations by email, particularly from City Serve of the Tri-Valley. We hold virtual clinics to meet with clients in addition to phone and in-person meetings. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. Our primary objective is to enhance the quality of life for low-income tenants via housing-related services to prevent homelessness and to promote stable, affordable, healthy housing. We aim to achieve this objective through the goals and outcomes below. 278 279 280 281 282 283 284 285 286 By preparing 80 Tri-Valley job seekers for high growth industries through intensive career counseling and industry-recognized trainings, this project will help us achieve our overall annual job placement goal. 6. Describe the needs, challenges, and/or service gaps that your project addresses. How will clients access the services? If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. One of the actionable recommendations/goals brought forth in the Eastern Alameda County Human Services Needs Assessment is to build pipelines for a diverse workforce. This need is what the Pathways to Employment program will work to address. By partnering with other non-profit organizations in the Tri-Valley, TVCC will recruit job seekers from diverse, low-income backgrounds and train them to work in occupational sectors experiencing challenges in finding qualified employees. By focusing on the Healthcare (including Mental Health), Professional Services, Advanced Manufacturing, Construction, Transportation and Warehousing industries, TVCC will not only work to address the need for racially, culturally and linguistically responsive workforce, TVCC will also work to address the growing shortages of workers, specifically healthcare and mental health workers, caused by the pandemic. Our Certified Nursing Assistant program will help to fill in the gaps of services needed for the elderly as this population continues to grow in the Tri-Valley. Our Behavioral Health Technician Apprenticeship will help address the need for more mental health providers including those trained to work with individuals navigating substance abuse. Our Community Health Worker/Health Coach Apprenticeship will address the need for systems navigation support as these workers are trained to work with clients one-on-one to support their physical health while helping them navigate other community resources that will support their emotional and economical health. Our Advanced Manufacturing, Construction, Transportation and Warehousing training will provide specific groups - veterans, justice-involved and those who prefer hands-on, technical work with the skills and certifications they need to make an actual living wage in the Tri-Valley. Meanwhile, our Professional Services training will provide job seekers with the skills they need to work in non-profits, government and social services agencies. All of these programs will push the Tri-Valley's most-underserved and underpaid residents towards economic stability. Lastly, to address job retention issues, all program participants will have access to free, group mental health classes/workshops. TVCC will also connect participants, through referrals, to other services, such as housing, education and childcare support, as needed. Clients will be able to access our services both in-person and online. Those who participate in our intensive training programs (i.e. Certified Nursing Assistant training) will be provided with transportation support such as Clipper Cards, Uber/Lyft vouchers and gas cards as needed to attend their in-person trainings. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. TVCC’s one-on-one career counseling and case management is tracked through CalJobs and adheres to the Alameda County Workforce Development Board (ACWDB) and WIOA regulations. All counseling activity is recorded online in clients’ files (located in CalJobs) and recorded for the ACWDB to follow and aggregate for the agency’s quarterly and annual reports. TVCC also keeps hard copies of client files including enrollment, training and placement data in a secured filing cabinet. Quantitative metrics that TVCC collects includes: the number of enrollments, placements, trainings and credentials obtained. TVCC also collects demographic information that includes annual income, city of residence, race/ethnicity and age through our program application. This application is required for anyone participating in intensive trainings like the Health Coach program. For those participating in one-on-one resume reviews, mock interviews or group workshops, this some metrics (income, race/ethnicity, age) is voluntary. 287 288 289 290 291 292 County Workforce Development Board $ 250,000.00 $ 250,000.00 FY 2025-2026 Prologis $ 165,000.00 $ 165,000.00 FY 2025-2026 Alameda County - Oakland Community Action Partnership $ 40,000.00 $ 40,000.00 Total $ 40,000.00 $ 415,000.00 $ 88,409.00 $ 543,409.00 2025-2026 Forecasted Expenses City of Dublin City of Livermore City of Pleasanton Other Sources Total Project Cost Personnel Costs: Salary & Benefits $ 10,196.00 $ 12,654.00 $ 12,714.00 $ 359,578.00 $ 395,142.00 Operating Costs $ 550.00 $ 680.00 $ 770.00 $ 350.00 $ 2,350.00 Marketing & Outreach $ 275.00 $ 396.00 $ 350.00 $ 600.00 $ 1,621.00 Contracted Services $ 2,000.00 $ 2,100.00 $ 2,200.00 $ 6,032.00 $ 12,332.00 Client Training Fees $ 7,618.00 $ 9,305.00 $ 9,351.00 $ 69,980.00 $ 96,254.00 Client Supportive Services $ 4,000.00 $ 5,800.00 $ 6,200.00 $ 1,100.00 $ 17,100.00 Transportation $ 350.00 $ 700.00 $ 200.00 $ 160.00 $ 1,410.00 Total $ 24,989.00 $ 31,635.00 $ 31,785.00 $ 437,800.00 $ 526,209.00 Budget Narrative Operational costs for community service programs are often the most challenging to cover as they may not seem as compelling as specific projects. However, without funding for operational and staff expenses we could not serve our communities. With our delivery of services revolving around training cohort models, our operational costs and staff expenses have increased and the need for support to continue serving our community is greater than ever. Staff Salary & Benefits - We are requesting $35,564 total for staff costs. Below is the employee and the percentage of their salary and benefits that will be paid with grant funds: Program Manager: 1%, $1,778.00/yr Administrative Assistant: 2%, $1,778.00/yr Enrollment Specialist: 9%, $7,113.00/yr Receptionist: 6%, $3,556.00/yr Case Managers #1: 8%, $7,113.00/yr Case Managers #2: 10%, $7,113.00/yr Job Developer: 10%, 9%, $7,113.00/yr Operating Costs: This line item will cover costs to run the training program. These costs include supplies (notebooks, pens etc.), pre-training fees (i.e. fingerprinting services as required by the state of California for all who apply for Certified Nursing Assistant Training), printing costs and exam fees for clients. Marketing: this line item will help us cover the cost of paid, targeted marketing to Tri-Valley residents Contracted Services: This line item will help us cover the cost of our training coordinator dedicated to our Pathway to Employment program and mental health service providers for clients. Client Training Fees: This line item will help us cover additional training fees that pose barriers to program completion. This includes training school fees, books, uniforms, and other training related expenses. Client Supportive Services: This line item is for client supportive services. This fund directly supports 293 294 295 296 Access to Benefits and Social Services - TVCC's tax preparers also help clients navigate other social services, including unemployment benefits, child care subsidies, or healthcare options. This holistic approach supports workforce development by ensuring individuals are equipped with the resources they need to be successful in the workforce. Goal #2: Continue implementing Diversity, Equity, Inclusion, Accessibility and Anti-Racist (DEIAA) initiatives in our services and support programs for disproportionately impacted groups. The Tri-Valley VITA program helps bridge the gap for low-income individuals, including people of color, who may not have the financial means to afford commercial tax preparation. This ensures that these communities can benefit from the same tax credits and deductions as others. This service also aims to reduce disparities by helping people access financial support, such as the Earned Income Tax Credit (EITC) or Child Tax Credit, which can be transformative for families in need. Lastly, many racial and ethnic minority groups face systemic barriers that result in wealth disparities, and free tax preparation services work to counter these inequities. By ensuring fair and equitable access to tax credits and deductions, these services can help reduce the racial wealth gap. It also helps individuals navigate complex tax systems and avoid predatory financial practices, such as high-fee tax preparers or refund anticipation loans. 6. Describe the needs, challenges, and/or service gaps that your project addresses. How will clients access the services? If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. One of the actionable recommendations/goals brought forth in the Eastern Alameda County Human Services Needs Assessment is to consider multi-sector solutions to challenges influenced by structural factors. This need is what the Tri-Valley VITA program will work to address. By assisting individuals and families in accessing their Earned Income Tax Credit and providing them with financial literacy workshops, the VITA program provides temporary financial assistance to those in need; specifically for those experiencing or at risk of becoming unhoused. Many families use their EITC refund to catch up on past due bills or start their first savings fund. In the past, TVCC has also had clients who have used their refund to keep them afloat while they complete a short- term career training program at our center. VITA can be the push that clients need to start their journey towards economic stability. While clients meet with tax preparers, they are also screened for CalFresh eligibility. Those who are eligible for CalFresh but have not applied are connected to our CalFresh enrollment specialist who works with them one-on-one to help them secure this resource. Not only does the Tri-Valley VITA program provide clients with a financial boost, it also assists those in need with obtaining food benefits. To access this program, we will offer in-person tax preparation services at multiple locations across the Tri-Valley with our Pleasanton location being the main hub. This location has ample parking and is directly across the street from Pleasanton BART and multiple bus stops. With enough funding, we plan to reopen an additional site at the Livermore library (pending library approval and volunteer numbers) and/or at the Vineyard Resource Center, to increase access specifically for the unhoused community in Livermore as well as other residents who are unable to commute to our Pleasanton location. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. We measure the effectiveness of this project by how many tax returns we've prepared, the average and total amount of federal refunds clients receive broken down by city and how many clients applied and received CalFresh benefits. Our partnership with the IRS and United Way of the Bay Area provides us with quantitative tax data while our partnership with the Alameda County Food Bank and Alameda County Social Services provides us with quantitative CalFresh data. Each year, we set a numeric goal for the overall number of taxes we plan to prepare. We also set a numeric goal for each city that provides funding. In addition to this, we set a numeric goal for the number of CalFresh application submitted and approved. 297 298 299 300 301 FY 2025-2026 City of Dublin $ 17,914.00 $ 17,914.00 FY 2025-2026 City of Livermore $ 20,396.00 $ 20,396.00 FY 2025-2026 City of Pleasanton $ 18,914.00 $ 18,914.00 FY 2025-2026 United Way of the Bay Area $ 0.00 $ 40,000.00 $ 40,000.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 0.00 $ 0.00 $ 97,224.00 $ 97,224.00 2025-2026 Forecasted Expenses City of Dublin City of Livermore City of Pleasanton Other Sources Total Project Cost Personnel Costs: Salary & Benefits $ 6,749.00 $ 4,000.00 $ 3,954.00 $ 23,900.00 $ 38,603.00 Supplies/Operating Expense $ 550.00 $ 680.00 $ 570.00 $ 5,000.00 $ 6,800.00 Marketing & Outreach $ 275.00 $ 396.00 $ 350.00 $ 600.00 $ 1,621.00 Contracted Coordinator $ 10,140.00 $ 14,820.00 $ 14,040.00 $ 10,000.00 $ 49,000.00 Transportation $ 200.00 $ 500.00 $ 0.00 $ 500.00 $ 1,200.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 17,914.00 $ 20,396.00 $ 18,914.00 $ 40,000.00 $ 97,224.00 Budget Narrative Personnel Costs: Salaries & Benefits: Due to our growing number of clients, we anticipate an even greater need resulting from the pandemic. So many people in the community are without jobs and living expenses are only increasing. We are projecting to reach more people when we open our second location. A portion of expenses comes from staff which total about 582 hours plus 45% in fringe benefits. We are requesting $14,703 total for staff costs. Below is the employee and the percentage of their salary and benefits that will be paid with grant funds: Program Manager: 1%, $1,470.30/yr Administrative Assistant: 9%, $7,351.50/yr Receptionist: 10%, $5881.20/yr . Supplies/Operating Expenses: Includes the cost of fingerprinting all volunteers which is mandatory for the program. Also includes printing fees, postage fees, and recognition for volunteers for in-kind work as required by the VITA program. This expense also includes snacks for volunteers during their in- person, mandatory, 3 full-day trainings as well as transportation support for low-income clients who travel to our offices for services and basic supplies (paper, pens etc.) Marketing and Outreach: this line item will help us cover the cost of paid, targeted marketing to Tri- Valley residents so that we can recruit both volunteers and clients. Contracted Coordinator; We are in need of a contractor who will manage the second site as well as the ITIN portion of our program. Without a coordinator, we will not be able to open a second location and we will have to end our ITIN assistance program Transportation: To support staff traveling to our multiple sites across the Tri-Valley to help volunteers and pick up/deliver supplies. This budget does not include the in-kind work of 4725 hours from 65 volunteers, which is about $180,435.93 302 303 304 305 Comprehensive Care Coordination: By addressing diverse needs such as housing, food security, transportation, and resource education, the project ensures holistic support for families and individuals. Community Engagement: We partner with over 50 nonprofits, city and county agencies, businesses, clubs, and churches to leverage resources and expertise, ensuring we meet the diverse needs of residents without duplication. Targeted Support for Vulnerable Populations: The project emphasizes services for low-to-no-income individuals, housing-unstable families, victims of domestic violence, and aging seniors. The project is designed to achieve measurable outcomes that align with our annual goals: Care Coordination: Serve over 6,500 individuals annually through case management, crisis stabilization, and direct support. Housing Support: Assist at least 150 households annually in securing stable housing or emergency shelter, addressing the ongoing housing crisis. Senior Outreach: Conduct 200+ in-home visits to homebound seniors annually, providing companionship and critical resources to reduce isolation. Food Security: Distribute 6,000+ resource flyers annually to families and individuals in need, ensuring access to nutritious food. Transportation Assistance: Provide 200+ rides for medical appointments, employment, or shelter needs, removing barriers to critical services. Collaboration: Strengthen partnerships with existing organizations and expand our network to ensure efficient and comprehensive service delivery through hosting quarterly Collab Lab gatherings. This project ensures that CityServe continues to meet its goal of acting as a safety net for vulnerable populations while fostering long-term stability. By addressing crises and providing the tools and resources needed for self-sufficiency, the project empowers individuals and families to move toward stability and independence. Through targeted outreach, comprehensive care, and strong community collaboration, this project not only aligns with our organizational goals but also strengthens our ability to respond to the evolving needs of the Tri-Valley community. With both qualitative and quantitative measures in place, it demonstrates our commitment to serving the Tri-Valley region most effectively and compassionately. 6. Describe the needs, challenges, and/or service gaps that your project addresses. How will clients access the services? If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. The primary problem this project seeks to address is the lack of access to essential services and resources for low-to-no-income families, unhoused individuals, and vulnerable seniors in the Tri-Valley region. Rising housing costs, economic instability, and fragmented social services leave many without stable housing, access to basic necessities, or the support needed to navigate crises. Additionally, homebound seniors face increasing isolation, contributing to physical and emotional decline and highlighting gaps in current services. This project is designed to address these critical gaps by providing holistic, wrap-around services that stabilize individuals and families and empower them toward long-term independence. Housing instability is a key focus, with services that include housing navigation, emergency shelter placement, and assistance in securing long-term housing. The project also addresses the immediate needs of food, transportation, financial literacy, and life skills training to ensure clients can meet basic necessities. For individuals facing health challenges or crises such as domestic violence, the program provides case management and crisis intervention to stabilize their situations. Seniors, who are often isolated, benefit from regular visits, companionship, caregiver support, and resource navigation to improve their overall well-being. Clients access these services through multiple, inclusive entry points. Street outreach teams engage unhoused individuals directly, offering immediate crisis intervention and referrals to services. Our extensive network of over 50 partner organizations ensures a robust referral system, reaching individuals already in crisis. Clients can also walk into our easy access office locations for personalized care coordination, participate in community resource events, or connect through phone or online platforms for support. By addressing these needs through targeted interventions and accessible services, this project ensures vulnerable populations in the Tri-Valley region receive the comprehensive support necessary to achieve stability and independence. It provides a pathway to address immediate crises while building a foundation 306 307 308 309 310 311 312 Problems? Contact us at Questions@ZoomGrants.com ©2002-2025 GrantAnalyst.com. All rights reserved. "ZoomGrants" and the ZoomGrants logo are trademarks of GrantAnalyst.com, LLC. Logout | Browser 313 314 315 If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. The primary problem this project seeks to address is the lack of access to essential services and resources for low-to-no-income vulnerable seniors in the Tri-Valley region. Rising housing costs, economic instability, and fragmented social services leave many without stable housing, access to basic necessities, or the support needed to navigate crises. Additionally, homebound seniors face increasing isolation, contributing to physical and emotional decline and highlighting gaps in current services. This project is designed to address these critical gaps by providing holistic, wrap-around services that stabilize seniors and empower them toward independence. Housing instability is a key focus, with services that include housing navigation, emergency shelter placement, and assistance in securing longer-term or supportive housing such as skilled nursing or cognitive care facilities. The project also addresses the immediate needs of food, transportation, financial literacy, and life skills training to ensure clients can meet basic necessities. For individuals facing health challenges or crises such as elder abuse, the program provides case management and crisis intervention to stabilize their situations. Seniors, who are often isolated, benefit from regular visits, companionship, caregiver support, and resource navigation to improve their overall well-being. Clients access these services through multiple, inclusive entry points. Street outreach teams engage unhoused individuals directly, offering immediate crisis intervention and referrals to services. Our extensive network of over 50 partner organizations ensures a robust referral system, reaching seniors already in crisis. Clients can also walk into our easy access office locations for personalized care coordination, participate in community resource events, or connect through phone or online platforms for support. We also provide care coordination in-home for those that are homebound. By addressing these needs through targeted interventions and accessible services, this project ensures vulnerable seniors in the Tri-Valley region receive the comprehensive support necessary to achieve stability and independence. It provides a pathway to address immediate crises while building a foundation for long-term resilience and well-being. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. CityServe will measure the effectiveness of this project using a combination of qualitative and quantitative metrics to ensure that it meets its objectives and creates meaningful impact for the community. We will track specific, measurable outcomes to evaluate the project's performance, including: Number of Individuals Served: Track the total number of clients receiving services, with a target of serving 6,500+ individuals annually through care coordination, crisis stabilization, and outreach. Housing Outcomes: Measure the number of clients successfully placed in temporary or permanent housing, with a goal of assisting 150+ households annually. Crisis Intervention Metrics: Record the number of clients engaged through street outreach and immediate crisis intervention, ensuring timely responses to urgent needs. Senior Support: Monitor the delivery of 200+ home visits annually to reduce isolation and connect seniors with critical resources. Basic Necessities Distributed: Track the distribution of essential items, as well as transportation support and other resources. Client Retention and Follow-Up: Record the percentage of clients who continue to engage in care coordination programs to ensure long-term stability. We will also collect qualitative data to understand the impact of the project on individual lives and the community at large: Client Testimonials: Gather feedback and personal stories from clients to highlight how services have positively impacted their lives and helped them achieve stability. Partnership Feedback: Conduct surveys and interviews with our strategic service partners to evaluate the effectiveness of collaboration and identify opportunities for improvement. Case Studies: Provide in-depth case studies showcasing success stories and the program’s role in overcoming challenges such as housing instability, food insecurity, and social isolation. (Launch a 2.0 version of our newly released 5 year case study entitled, “From Crisis to Stability: CityServe's Plan to End and Prevent Homelessness in the Tri-Valley” Lastly, we will use our client management system to record and analyze data in real-time, enabling us to track progress against project goals. Regular evaluations and reports will assess key performance indicators and inform the team regarding any adjustments needed to optimize program effectiveness. 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 client with a developmental disability was living in a single-room occupancy (SRO) unit. With significant health concerns– heart disease and diabetes, the SRO’s limitations posed significant risks to the individual’s health. The client explained that, “…not having a full kitchen and having to share a bathroom with approximately 15 other residents negatively affected my physical, mental, and emotional well-being.” Furthermore, the high cost of the SRO, fully two-thirds of the tenant’s monthly SSI income, exacerbated day to day challenges. Soon after connecting with EBI, the individual said that finding affordable housing that meets their needs at 30% of their income improved their financial situation and enhanced their health and autonomy. “My mental and emotional health has improved considerably, enabling me to focus on improving my physical well-being. With support, I secured affordable housing in Livermore in a safe neighborhood near the shopping center and bus routes.” This client’s story is one of many that demonstrates the importance of affordable housing on individuals’ health, safety, and well-being. By educating clients/families through TVRAH about their options and showing them various support resources that are stepping stones to securing affordable housing, the likelihood of individuals’ achieving positive physical, emotional, and mental health outcomes is much greater. 6. Describe the needs, challenges, and/or service gaps that your project addresses. How will clients access the services? If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. The Eastern Alameda County Human Services Needs Assessment indicates that “finding affordable housing is near-impossible” for individuals with disabilities or people receiving Supplemental Security Income (SSI) or Social Security Disability Insurance Program (SSDI). This report identifies people with disabilities as a group that is disproportionately affected by the lack of affordable housing options and housing instability, which in turn negatively impacts multiple significant areas in their lives (physical health, mental health, and more). Additionally, people with disabilities and family members assisting them often struggle when navigating unfamiliar systems and resources. The process of finding accessible and affordable housing can be daunting, particularly for those with disabilities who have extremely low income, and face significant financial barriers. To address the identified gaps and barriers to housing, EBI’s outreach efforts will include collaborating and coordinating with other agencies and organizations in the Tri-Valley working with individuals with disabilities and their families. Through a series of hour-long educational webinars that include an interactive question and answer (Q & A) component, participants will receive essential information about applying for affordable housing, accessing waiting lists, becoming eligible for subsidies, the various benefits of different housing programs, and the local community resources available to them. This four- part series will also address essential life skills needed to live independently. TVRAH online webinars – with accessibility features including closed captioning, chat features, etc.-- will provide information and foundational tools to participants that can inform their next steps in securing affordable housing in the Tri- Valley Area. Participants can choose to attend one or more sessions, depending on their interest in the topics covered. WIth experienced, qualified staff, a well-established history of accessing housing in the Tri-Valley, and a longstanding commitment to seeing individuals with disabilities live independently, EBI is confident that the proposed TVRAH program will make a dramatic difference in the lives of the individuals it reaches. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. The primary objective of TVRAH is to equip people with disabilities and their families with knowledge about affordable housing opportunities. The program's effectiveness will be measured by utilizing surveys to assess participants' understanding of and sense of preparedness about pursuing housing in the Tri- Valley. To collect measurable data, participants will be asked to complete two brief surveys: a pre-survey during the time of registration, and a post-survey after each webinar.. The pre-survey and the post-survey will ask various quantitative, scale-based questions to measure the participants’ perception of preparedness and confidence in pursuing affordable housing options and, based on self-reporting, their knowledge about affordable housing. Additionally, the pre-survey will include qualitative, open-ended questions that allow participants to ask questions or share specific challenges they have experienced as it relates to housing. Once the webinar has ended, the post-survey will prompt follow-up questions and allow participants to provide feedback on the information they received. Results from both sets of surveys will then be compared to show changes in participants’ knowledge and confidence level in navigating 339 340 341 342 343 344 345 346 serves, and in Alameda County specifically, increasing the amount of home matches it makes from 25 to 50. Front Porch Community Service programs are designed to help the whole person; all programs, but especially Home Match, are considered “high touch,” meaning participants are guided along the application process and through any necessary mediation, at a pace and method comfortable to them. Too often, help is piecemeal or obfuscated behind complicated applications or requirements that can be difficult to parse for even the most government- or tech-savvy person. Home Match in particular is designed to assuage all those issues through the human element – face-to-face contact and reassurance that they can improve their living situation, mental health, and even financial health. Through Home Match and all other programs, Front Porch intends to not just help older adults in the Tri-Valley survive, but thrive. 6. Describe the needs, challenges, and/or service gaps that your project addresses. How will clients access the services? If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. According to the 2024 Eastern Alameda County Human Services Needs Assessment, the median home rental cost is more than 40% higher than in the median state home rental cost, and as many as 50% of Tri- Valley renters and 27% of Tri-Valley homeowners are “housing cost burdened,” meaning 30% or more of household income is spent on housing, utilities, taxes, and insurance if applicable. According to the assessment, “Housing is best summed up as a need for more…with certain groups or sub-populations disproportionately affected…including older adults.” The most fundamental tenet of the Home Match program is preserving housing for older adults who are at risk of displacement. Even as rent and interest rates continue to balloon, Front Porch believes that everybody deserves the opportunity to age in place. Home Match creates more affordable housing opportunities without subsidies or expensive real estate development projects. The program is also intentionally designed to cater to individuals who often fall through the cracks of support services, are currently awaiting HUD housing, or those who do not quite qualify for a housing voucher or other government funded support services. With Home Match, both home providers and home seekers gain housing stability through a thoroughly vetted process, ensuring that home providers can remain safely in their homes, and home seekers will not be priced out of their chosen communities. Home Match staff engage with potential participants through in-person tabling events at libraries, senior centers, and resource fairs; partnerships with and referrals from local community-based organizations and municipalities; USPS Every Door Direct Mailing (EDDM); digital social media marketing, as well as traditional media outlets. These outreach efforts are focused on the program’s target communities and populations (economically vulnerable older adults), and are designed to educate individuals broadly about the concept of supported home sharing, and more specifically, how Home Match can help meet their housing and supplemental income needs. Home Match Alameda County currently has an office in Oakland, but program staff is cognizant that coming to an office for an in-person meeting may be difficult for individuals with disabilities, mobility issues, and limited resources or access to transportation. Therefore, most initial inquiries are fielded in- person at an outreach event, or by phone or email. Follow-up for an intake, and eventually the more intensive work of matching and supporting matches, is done via Zoom or in-person at a mutually agreed- upon and convenient public location. In other areas, Home Match program staff have established co- location agreements with local senior/community centers, libraries, nonprofit organizations, and local municipalities where intakes or other match-related meetings can conveniently take place for clients. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. In addition to the straightforward quantitative measurement of the number of inquiries fielded, the number of intakes conducted, and the number of matches made, Home Match reviews data such as referral sources, demographics, length of time to create a match, and reasons why matches end. Staff survey matched participants annually about their confidence and trust in the program, housing stability, financial 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 work and education, critical building blocks for financial independence. The problem? Many families who qualify for this support do not know it exists. In fact, there are over 100,000 children in Alameda County who live in families that qualify for child care assistance. But, only 1 in 7 children are receiving this support. In the Tri-Valley alone, 9,668 children under the age of 12 are in families that are eligible for subsidized child care, but Hively only has 803 enrolled. As part of our efforts to identify families who qualify for vital stage 2 subsidies and are in need of our continued support, Hively’s VP of Programs, Mona Shirk, has advocated alongside the Child Law Center and Parent Voices of California and in partnership with Alameda County to access a monthly list of families (and their zip codes) who are entitled for our Stage 2 program. Approximately 900 new children will qualify for this program every year. Hively only has 2.7% of those 900 eligible children currently enrolled in Stage 2 subsidies. By leveraging this information and combining it with our mobilization and outreach efforts, pinpointed in the most vulnerable areas of the Tri Valley, we will be able to cast a wide net and increase our ability to connect with the families who both qualify for, and are in need of, our programs and support. As we meet families, we will develop relationships. We know that most people learn about our services by word-of-mouth from a family member, friend or through a child care provider. As the Hive on Wheels becomes more of a community fixture, we will naturally become more a part of the community conversation. We’ll invite parents to sign up to receive communications so they can find out where the Mobile Resource van (and the Bee mascot!) will be next. They will share news and information with their friends and our efforts will multiply. 6. Describe the needs, challenges, and/or service gaps that your project addresses. How will clients access the services? If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. Our Hively family resource centers provide an important foundation for families who need support. We offer access to diapers, wipes, infant formula, children’s clothing and shoes, and early learning and literacy materials. These additional resources help our most vulnerable families get the essentials they need. Nearly 50% of Americans with young children cannot afford all the diapers they need, according to the National Diaper Bank Network. About 25% of those families reported missing work because they didn’t have enough extra diapers to give to child care facilities. Providing these key resources while also offering a gathering place for families with knowledgeable and friendly staff is not only incredibly valuable for the communities we serve, but also an important outreach tool for meeting and assisting families who also qualify for our child care programs. Moreover, with 43% of Hively staff who are bilingual or multilingual, we are prepared with the capacity to relate to the diverse groups and families that make up the Tri-Valley area. Our family resource centers are vital community resource and outreach hubs, but they are fixed in place. By mobilizing our Family Resource Centers, we can broaden our outreach in the Tri Valley. The Hive on Wheels: Mobile Family Resource Center will reach into the areas of the community where families live, work, worship and play. The Mobile Family Resource Center is designed to break down transportation and accessibility barriers. Child Care Providers will also benefit from this expanded outreach. Our resources are also available to them and through continued enrollments and partnership, our efforts will support quality child care environments and strong small businesses. The child care sector is facing challenges due to low wages, poor benefits, and high turnover rates. Strengthening the provider workforce with health enrollments, basic essentials, training and professional development is essential. Many providers access the partnership and support we provide through our Family Resource Centers. Adding the mobile component will increase this access. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. Currently, we use a database called “Charity Tracker” to track clients who visit our family resource centers. We log the number of visits, types of items procured, number of children per family, and additional demographics. We will continue to use Charity Tracker to track clients served via the mobile family resource center. Additionally, we will be implementing a new Customer Relationship Management (CRM) 365 366 367 368 369 370 371 372 373 attorneys help older adults file for restraining orders that protect them from their abusers and advocate for their rights as consumers. Guardianship: Over 800 foster youth currently reside in Alameda County. It is far preferable to keep children out of the foster care system and with their own extended families. LAS helps older adults obtain the legal right to raise minor children. Health Law: Older adults’ healthcare benefits and rights are often threatened or denied. In tandem with our Health Insurance Counseling and Advocacy Program (HICAP), our health law attorneys provide older adults with the advocacy required to maintain their health benefits. Public Benefits: According to Alameda County’s Countywide Area Plan for Older Adults (2024-2028), BIPOC older adults are disproportionately vulnerable to income insecurity. Interruptions or reductions in public benefits cause an inability to pay for housing, food, and medical care. LAS’s attorneys protect older adults’ public benefits through advocacy and representation. Naturalization: Many older legal permanent residents qualify for U.S. citizenship but, without assistance, are unsuccessful in obtaining citizenship. LAS attorneys help these older adults with applications and represent them at hearings. Medicare Counseling: According to the 2024 Needs Assessment, residents are concerned about their health care, including accessibility, cost, and quality. LAS’s Health Insurance Counseling and Advocacy Program (HICAP) helps older adults navigate the complex world of Medicare by providing individual counseling on Medicare and related issues. Education: The 2024 Needs Assessment reports that residents need education on avoiding eviction, preventing homelessness, and available social services. LAS’s Community Education program educates older adults on these and other vital issues, empowering them to make informed decisions. Access to Services: All of LAS’s services are free and accessible, regardless of disabilities, transportation, or language barriers. LAS prioritizes low-income BIPOC older adults by providing services at easily accessible locations, such as low-income senior housing sites and senior centers, in addition to making home visits. LAS staff and volunteers provide verbal and written translation in multiple languages, and use Language Line if needed, which provides translators in 240 languages. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. LAS will consider this project to have been effective if we complete or exceed our program goals. We expect most clients will achieve their desired outcomes, and that the vast majority of returned evaluations will indicate that clients were satisfied with the services they received. LAS’s Legal Director and Health Insurance Counseling and Advocacy Program (HICAP) Manager review case notes for all completed cases, which include the client’s goals, actions taken, the outcome of the case, and whether the client experienced financial savings or received financial reimbursement. Examples of legal outcomes include obtaining an elder abuse restraining order, preventing eviction, obtaining guardianship of a minor in the client’s care, or restoring a client’s public benefits. HICAP outcomes include a client successfully enrolling in a Medicare Part D plan or applying for a cost-savings program. LAS’s management team also reviews completed client evaluations for all three programs. We expect most clients will achieve their desired outcomes, and most evaluations will indicate clients were satisfied with the services received. For community education presentations, we expect participants’ knowledge of the subject matter will increase. If there is negative feedback, a member of the management team follows up with the client to better understand the comments and determine whether the client needs further assistance. Client feedback is a major driver of program improvement at LAS. We request feedback from our clients at the conclusion of services, including whether they felt supported and had their concerns addressed. Our 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 Pleasanton, with increasing levels of homelessness and human trafficking activities. The relationship between homelessness and trafficking is strongly correlated, and homelessness is a well- documented problem in Alameda County (with an 79% increase in homeless individuals from 2017-2022). With a $30/hr income required to rent a studio apartment in the county (National Low Housing Income Coalition), housing is unaffordable for many. Nearly 10% of Alameda County residents live in poverty (U.S. Census). Poverty is a risk factor for human trafficking as traffickers will offer false promises of employment and education opportunities to people who lack financial resources. Further, a 2019 survey of unhoused youth in Alameda County indicated that nearly half have psychiatric or mental health issues, putting them at even greater risk of exploitation. These unaddressed needs enable a cycle of victimization in which victims have no way to escape, and if they do, they may return to trafficking due to a lack of support services. LNF has designed this project to break this cycle, meet the needs of survivors and those at risk, and to help to prevent and/or end human trafficking in Dublin, Livermore, and Pleasanton. Our evidence-based approach meets people where they are and meets the immediate and long-term needs of victims by giving them access to safe housing, counseling, mentoring, workforce development training, and educational opportunities. The project will reach individuals living on the streets in Dublin, Livermore, and Pleasanton through weekly street outreach conducted by trained volunteers and LNF staff. Outreach workers will build trust with individuals by providing them with emotional support and meeting their basic needs for food and hygiene through the distribution of harm reduction supplies. Individuals can also access mobile counseling and crisis support, and will be given warm referrals to long-term services provided by LNF and our partner agencies. LNF is one of the only organizations doing street outreach to deliver life-changing services directly to those who need them most. Other organizations provide mental health services, but the wait time can be up to five weeks. People being trafficked or those who are unhoused also do not often have transportation to attend therapy sessions, therefore this project meets people where they are to provide these critical services on the street. This helps stabilize the immediate crisis and enables people to access long-term support services to ensure positive outcomes for the future. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. The following quantitative metrics will be used to measure the effectiveness of the project: 1. LNF’s outreach project will provide harm reduction supplies, on-site counseling and crisis support, as well as referrals to ongoing trauma-focused care, mentoring, counseling, housing, education, and workforce development training to 300 vulnerable individuals in Dublin during the grant period (FY25-FY27). 2. LNF’s outreach project will provide harm reduction supplies, on-site counseling and crisis support, as well as referrals to ongoing trauma-focused care, mentoring, counseling, housing, education, and workforce development training to 300 vulnerable individuals in Livermore during the grant period (FY25-FY27). 3. LNF’s outreach project will provide harm reduction supplies, on-site counseling and crisis support, as well as referrals to ongoing trauma-focused care, mentoring, counseling, housing, education, and workforce development training to 150 vulnerable individuals in Pleasanton during the grant period (FY25-FY26). The following qualitative metrics will be used to measure the effectiveness of the project: 1. Individuals served through the project will gain increased knowledge and access to critical safety net services (emergency housing, counseling, etc.), social services (victims compensation), and programs that promote economic stability (workforce development training, restorative housing, education). LNF maintains in-depth data collection practices and data-driven evaluations to track a program’s effectiveness and make necessary adjustments for continuous improvement. We utilize Salesforce to track key demographics and performance indicators, including participant names, gender, age, services provided, location of the meeting, and outcome of all proposed project activities. LNF's programs have a robust track record of consistently meeting the needs of victims of human trafficking and other vulnerable individuals. LNF’s safe and transitional housing programs have an 50% completion rate as participants heal, become empowered, and transform their lives through economic sustainability and education. LNF's IT workforce development training experiences have an 89% retention rate, with 61% of graduates securing a paid internship or living wage job within just six months of graduation. 390 391 392 393 394 Application ID: 489337 Become a fan of ZoomGrants™ on Facebook Problems? Contact us at Questions@ZoomGrants.com ©2002-2025 GrantAnalyst.com. All rights reserved. "ZoomGrants" and the ZoomGrants logo are trademarks of GrantAnalyst.com, LLC. Logout | Browser 395 396 397 in these cities while ensuring that our operational capacity keeps pace with their needs. This project ensures that we can continue to provide a dependable safety net, upholding the dignity and well-being of the seniors we serve in Livermore and Pleasanton and those we hope to serve in Dublin. 6. Describe the needs, challenges, and/or service gaps that your project addresses. How will clients access the services? If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. The Mercy Brown Bag Program is committed to addressing the critical needs, challenges, and service gaps faced by low-income seniors in Livermore, Pleasanton, and Dublin. Currently, we serve 129 seniors in Livermore at Arbor Vista, Carmen Avenue Apartments, Hillcrest Garden, and Vineyard Village. In Pleasanton, 245 seniors rely on our food assistance at locations including Chestnut Square, Estabrook Place, Kottinger Gardens, Ridgeview Commons, and Stanley Junction. However, a significant gap remains in Dublin, where we are unable to provide direct services despite growing demand. Each week, we receive calls from Dublin residents seeking food assistance, many of whom face substantial barriers to accessing our services in Livermore or Pleasanton. Transportation is a major obstacle for these seniors, who often lack access to a personal vehicle or face financial and mobility constraints that make public transit difficult or impossible, especially burdened with a 20 pound bag of groceries. These challenges emphasize the urgent need for localized support in Dublin. To address this gap, MBBP plans to establish a new distribution site in Dublin, providing convenient access to nutritious groceries within the community. This site will follow the same model as our existing culturally sensitive, USDA-compliant food distributions, prioritizing fresh fruits, vegetables, lean protein, and whole grains to support healthier outcomes. Clients will have access to this site through an inclusive intake process, and our community coordinators—MBBP drivers who serve as transporters and on-site resources—will ensure the site is welcoming, efficient, and supportive. MBBP’s efforts extend beyond hunger relief to combatting social isolation, which the U.S. Surgeon General in 2023 identified as being as deadly as heart disease, cancer, and diabetes. Our robust volunteer network of 43 volunteers contributing 1,513.25 hours across Livermore and Pleasanton in calendar year 2024—plays a critical role in fostering community connections. At key sites like Hillcrest (330.5 hours), Vineyard Village (294 hours), and Ridgeview Commons (326.75 hours), volunteers not only provide practical support but also offer companionship, helping to alleviate the loneliness that many seniors face. These efforts are part of the 19,271 volunteer hours logged across all Mercy Brown Bag sites in 2024, creating a sense of purpose and improving mental health for both seniors and volunteers. The addition of a proposed Dublin site represents a vital step forward in our mission to combat senior hunger and create equitable access to resources across all three cities, and our ability to respond positively to your residents in need. With this expansion, MBBP will not only fill a critical service gap but also foster a stronger, more connected community of support for the vulnerable seniors of Dublin, addressing both their nutritional needs and the devastating effects of isolation. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. The Mercy Brown Bag Program (MBBP) employs a robust system of qualitative and quantitative measures to evaluate the effectiveness of our program, ensuring accountability and continuous improvement. Following years of disruption caused by COVID-19 and key findings from our 2022 audit, we have strengthened our data collection and tracking processes to better serve our community. 398 399 consistent access to nutritious food, the program seeks to improve health outcomes, enhance quality of life, and build a stronger support network for seniors in the Tri-Valley region. Our goals are to serve 9,000 seniors in 2025: MBBP will continue bi-weekly grocery distributions to meet the rising demand, building on the 8,583 households we served last fiscal year. This will include maintaining and expanding services in Pleasanton and Livermore while establishing local distribution points in Dublin to reduce travel barriers for Dublin residents. Maintain our 80 distribution points across Alameda County: Increasing accessibility for seniors in Pleasanton and Livermore while adding new sites in Dublin will ensure equitable access to food assistance throughout the Tri-Valley area. Provide culturally sensitive food options aligned with USDA guidelines: Distributions will include at least 50% fresh fruits and vegetables, complemented by lean protein (so essential for senior health) and whole grains, catering to the diverse dietary needs and preferences of the communities we serve. Intended outcomes are improved access to nutritious food for seniors in Pleasanton, Livermore, and Dublin: This will reduce food insecurity and provide seniors with a reliable source of high-quality groceries. MBBP hopes to strengthen community connections by offering culturally appropriate and consistent services, MBBP will foster a sense of belonging and support among seniors in the region. The Housing and Human Services grant funds will directly support the acquisition, transportation, and distribution of food for seniors in Pleasanton, Livermore, and Dublin. A significant portion of the funding will be allocated to purchasing nutritious groceries, including fresh fruits, vegetables, lean protein, and whole grains, ensuring that seniors receive culturally appropriate and health-promoting food options. Additionally, a percentage of the funds will be used to support the Mercy Brown Bag Program (MBBP) drivers who serve as community coordinators. These drivers play a dual role by not only transporting food to Tri-Valley points but also helping coordinate volunteers and fostering connections with recipients, addressing concerns, and providing critical support to seniors at each site. 10. If this project was not funded by one or more of the Cities, would this project still exist? How would you adapt the project if it was partially funded by one or more of the Cities? If the Mercy Brown Bag Program were not funded by the cities of Livermore and Pleasanton, it would face significant challenges in sustaining current operations and meeting the growing needs of vulnerable seniors in those areas. City funding is essential to our ability to provide consistent, nutritious groceries to seniors who face barriers to food access. Without this critical support, maintaining service levels and expanding to underserved areas, such as establishing distribution sites within Dublin, would be extremely difficult. As a result, many Dublin residents would continue to face the choice of no local food assistance from MBBP or the burden of traveling 11 miles to our closest senior center open to the public. Partial funding from the Cities of Livermore and Pleasanton would necessitate strategic adjustments to ensure the program's continued impact. First, we would prioritize establishing local distribution sites in Dublin to reduce the travel burden for seniors and improve access to food assistance for this underserved community. This approach aligns with our mission to eliminate barriers and provide equitable access to resources. Additionally, we would focus on streamlining operations by optimizing delivery schedules, enhancing volunteer coordination, and leveraging partnerships with community organizations to maintain a strong distribution network. To address potential funding gaps, the Mercy Brown Bag Program would intensify targeted fundraising efforts within Livermore, Pleasanton, and Dublin. These efforts would include engaging local businesses, individual donors, and community groups to increase private contributions. We would also explore opportunities to collaborate with healthcare providers, faith-based organizations, and other local stakeholders to implement innovative initiatives like 'Food as Medicine,' which integrates food assistance with health and wellness outcomes. The impact of reduced funding would be significant, as more than 85% of our recipients report that the groceries provided by our program account for most or all of the food they consume. Limited resources could result in fewer food deliveries, disproportionately affecting the most vulnerable seniors who depend 400 401 402 403 404 405 406 407 408 409 Application ID: 486896 Become a fan of ZoomGrants™ on Facebook Problems? Contact us at Questions@ZoomGrants.com ©2002-2025 GrantAnalyst.com. All rights reserved. "ZoomGrants" and he ZoomGrants logo are trademarks of GrantAnalyst.com, LLC. Logout | Browser 410 411 412 413 414 415 416 417 418 419 access the services? If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. The project aims to improve access to mental health services, nutrition counseling, and medication safety programs particularly among underserved populations to promote health equity. Mental health challenges are pervasive, and many individuals face significant financial and cultural barriers to accessing care. According to the National Institute of Mental Health (NIMH), nearly one in five older adults in the US lives with a mental illness, but less than half of that group receive adequate treatment. These disparities are even more pronounced among racial minorities and low-income populations. This project seeks to bridge these gaps by increasing access to affordable and culturally competent mental health resources. Research from the Substance Abuse and Mental Health Services Administration (SAMHSA) highlights that limited provider availability, stigma, and lack of insurance coverage are the primary causes of mental health needs going unmet. By expanding access to care, integrating services into community settings, and leveraging technology to reach remote areas, the initiative seeks to reduce barriers and improve overall mental well-being. The project also promotes health equity by focusing on populations disproportionately impacted by systemic inequities. This project also aims to promote environmental health, a facet of health that focuses on the interplay between people and their environment, emphasizing the need to safeguard human health by managing and improving one's environment. Our approach towards environmental health has four aspects: 1. Preventing Diseases and Illnesses: Environmental health addresses factors such as air and water quality, sanitation, and waste management. By reducing pollution and improving these conditions, it prevents diseases like asthma, cholera, and lead poisoning. 2. Ensuring Safe Living Conditions: Clean environments reduce exposure to hazardous materials, toxic chemicals, and unsafe living conditions, promoting overall well-being and safety. 3. Promoting Public Health: Healthy environments enhance community health outcomes by reducing the prevalence of chronic conditions linked to environmental hazards, such as respiratory diseases and cardiovascular problems. 4: Enhancing Quality of Life: A clean, healthy environment fosters physical, mental, and social well-being, leading to improved productivity and longer lifespans. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. Senior Health Program has demonstrated significant impact through targeted initiatives aimed at improving mental health and health equity for older adults. The effectiveness of these projects and future projects will be analyzed using self reported surveys. Below are three key accomplishments that exemplify our efforts: 1. Launch of the Senior Mental Wellness Initiative We successfully implemented a community-based mental health program for older adults focused on reducing isolation and addressing age-related mental health challenges such as depression and anxiety. Through partnerships with senior centers and local healthcare providers, we've reached out to seniors through workshops, support groups, connecting them to licensed health professionals, and one-on-one counseling. This initiative demonstrated the power of integrating mental health care into social and community settings, addressing language barriers, and recognizing the challenges faced by seniors in Tri-Valley areas. Key outcomes include: • Reduced self-reported feelings of isolation by 40%, as measured by pre- and post-program surveys. • Health Program: Our Health services have allowed seniors to consult with healthcare providers without leaving their homes, or senior housing ,which is especially beneficial for those with mobility issues, cognitive impairments, or chronic health conditions. 2. Cultural Competency and Outreach Program for Minority Seniors Impact: We recognized the need to create culturally relevant health programming for seniors from diverse racial and ethnic backgrounds. To address this, we launched a series of culturally tailored wellness programs, including nutrition education, mental health support, and chronic disease management workshops, specifically designed for 420 421 422 423 424 Capital Costs (Pre- Development) $ 0.00 $ 0.00 $ 0.00 $ 0.00 Capital Costs (Construction) $ 0.00 $ 0.00 $ 0.00 $ 0.00 Class supplies $ 3,000.00 $ 3,800.00 $ 9,600.00 $ 16,400.00 Training $ 1,830.00 $ 1,830.00 $ 1,830.00 $ 5,490.00 Mileage/Travel $ 3,000.00 $ 4,000.00 $ 5,000.00 $ 12,000.00 Total $ 25,000.00 $ 50,000.00 $ 50,000.00 $ 0.00 $ 125,000.00 Budget Narrative Personnel: Suichen Lin: 80% Cassie Yang: 80% Michelle Moore: 80% Lynn Hunter Pidoli: 80% Mary Mcnamara: 80% Marjory Tilley: 80% Barbara Stiehr: 35% Laura Lepe: 35% Total: $560,000 annually Annual Budget of Assessments and Exercise program tools (total budget is divided amongst the 3 cities, except for nutrition, which is given to Pleasanton): Masking Tape Amazon bulk 10 for $33.00 (total $660) Yard stick and 1/2-yard stick $100.00 (total: 1000) Pens/pencils/paper/name tags bulk $600 Pilons/cones (4) $20.00 (200 seniors) total:$1000 Chalk $5.00(200 seniors) total: $1000, Tally counter $40.00 Popsicle sticks $20.00 Timers/stop watch 20.00 x 6 = $120.00 Possible folding chair assessments $30.00 Books: Fall Proof, by Debra rose $53.00 and Senior Fitness Test Manual, by Roberta E. Rikli and C. Jessie Jones $70.00 Scale $25.00 total: $75 Resistance bands Amazon and OPTP $300.00 total Weights 1,2,3,4,5,8lb. range 4.99 to 10.00 each $50.00 for assessments Balls need at least 20 for a class 48.00 (total: $768) Squish balls Amazon 24 for $16.00, for each class total: $160 Rubber bands size 64 Amazon $5.00 Paper plates $5.00 total:50 Music program $15.00 monthly( total: $180) Music Dock $100 - $200 Step Dots 12 for $30.00 total:$150 Balance pods 6 for $30.00 Total:150 Airex pad $50.00 12-inch ½ foam rollers 10 for $100.00 total:$500 Small magnifying glass for the nutrition class $89 /box total: $445 Total: $6,800 annually 425 426 427 428 429 The Livermore area faces significant challenges related to mental health, substance use and overall well- being. Vulnerable populations, including seniors, low-income families, and previously unhoused individuals, experience compounded challenges, placing them at higher risk for mental health issues, and substance use disorders. These factors significantly impact their quality of life. Mental Health and Wellness Needs Mental health issues are prevalent among vulnerable populations but often go unaddressed due to stigma and lack of awareness. Many individuals are unaware of the signs of mental health challenges, do not know where to seek help, or delay seeking care. Financial instability and limited access to healthcare exacerbate these issues, highlighting the urgent need for education and awareness in these communities. Substance Use Awareness Substance use remains a critical challenge, fueled by stress, trauma, and inadequate coping mechanisms. Vulnerable populations, including seniors, low-income families, and the unhoused, are particularly susceptible to the physical and mental toll of substance abuse. Targeted awareness and prevention programs are essential to equip these individuals with tools and strategies to manage stress and make informed decisions about their well-being. Challenges in Accessing Services Barriers such as financial constraints, transportation issues, and limited awareness of available resources prevent many in underserved populations from accessing necessary services. Cultural stigmas, language barriers, and a lack of trust in service providers further disconnect individuals from existing resources. How Clients Will Access Services To address these gaps, the mental health and wellness program will provide accessible, inclusive, and community-centered services: Workshops and Sessions: Mental health first aid awareness, substance use awareness, and mindfulness workshops will be held at senior centers, community centers, libraries, and facilities for unhoused populations. Locations will be chosen for accessibility, and workshops will be scheduled at convenient times for working families, seniors, and those with transportation challenges. - Flexible Delivery: For individuals unable to attend in person, virtual options for workshops and mindfulness classes will be available. This ensures that participants can access services regardless of their physical location. By overcoming these barriers, the program will foster mental health awareness, substance use prevention, and overall well-being, ultimately creating a healthier and more resilient community. 7. Describe how your organization will measure the effectiveness of this project? Please include qualitative and quantitative metrics in your response. Sewa International will measure the success of this program using both qualitative and quantitative methods to make sure it meets the needs of the community. Qualitative Measures: Participant Feedback: We will collect stories and feedback from participants to understand how the program has helped them with mental health, stress, and coping skills. Observations: Program facilitators will observe how participants engage in workshops and classes to see if they are improving in relaxation, focus, and understanding of mental health. Community Involvement: We will track how many local people get involved as volunteers or partners to see if the community feels more connected and supportive. Quantitative Measures: Attendance: 430 431 432 433 434 435 436 437 438 439 440 441 442 443 Personnel Costs - Benefits $ 3,670.00 $ 12,600.00 $ 7,950.00 $ 33,827.00 $ 58,047.00 Administrative Costs $ 0.00 Capital Costs (Pre- Development) $ 0.00 Capital Costs (Construction) $ 0.00 Operating: Supplies $ 8,750.00 $ 8,750.00 Operating: Taxes & Licenses $ 15,050.00 $ 15,050.00 Operating: Postage $ 750.00 $ 750.00 Operating: Telephone $ 7,000.00 $ 7,000.00 Operating: Accounting/Audit $ 2,500.00 $ 2,500.00 Operating: Contracted Services $ 75,856.00 $ 75,856.00 Operating: Travel & Co Vehicles $ 12,000.00 $ 12,000.00 Operating: Misc Expense $ 52,000.00 $ 52,000.00 Operating: Rent & Utilities $ 8,390.00 $ 8,390.00 Operating: In Kind $ 140,000.00 $ 140,000.00 Total $ 25,000.00 $ 74,000.00 $ 55,000.00 $ 506,428.00 $ 660,428.00 Budget Narrative Dublin - We are asking for $25,000 from the City of Dublin to fund 4% of this project. We will use this funding for the salaries of two key individuals in this life saving service to Dublin residents as well as to try to meet the needs of all of the Dublin seniors. These funds will help prevent us from going back to a wait list. Individual 1 - Meals on Wheels coordinator who ensures that daily operations run smoothly - 22% of her salary which is $715/mo, $8,580 annually with benefits of $1,287 annually. Individual 2 - Meals on Wheels Program Manager establishes business and governmental partnerships as well as trains, recruits, and appreciates volunteers which is vital to our program - 15% of her salary which is $1,062.50/mos, $12,750 annually with benefits of $2,805 annually Livermore - We are asking for $74,000 from the City of Livermore to fund 11% of this project. We will use this funding for the salaries of two key individuals in this life saving service to Livermore residents as well as to continue to try to meet the needs of all of the Livermore Seniors. These funds will help us from not having a wait list. Individual 1 - Meals on Wheels coordinator who ensures that daily operations run smoothly - 55% of her salary which is $1,787/mos, $21,450 annually with benefits of $3,511 annually. Individual 2 - Meals on Wheels Program Manager will establish business, financial, governmental and service partnerships throughout the Tri-Valley area as well as foster current partnerships; will recruit and retain volunteers; supervise Meals on Wheels Coordinators; - 47% of her salary which is $3,330/mos, $39,950 annually with benefits of $9,082 annually. Pleasanton - We are asking for $55,000 from the City of Pleasanton to fund 8% of this project. We will use this funding for the salaries of two key individuals in this life saving service to Pleasanton residents as well as to try to meet the needs of all of the Pleasanton seniors. These funds will help us from having a wait list. Individual 1 - Meals on Wheels coordinator who ensures that daily operations run smoothly - 40% of her salary which is $1,300/mos, $15,600 annually with Benefits of $2,340 annually Individual 2 - Meals on Wheels Program Manager will establish business, financial, governmental, and service partnerships throughout the Tri-Valley area - 34% of her salary which is $2,087 /mos,$31,450 annually with benefits of $5,610 annually 444 445 446 447 priority areas outlined by the Dublin City Council/HUD and 2024 Eastern Alameda County Human Services Needs Assessment (EACHSNA) are also at the core of our mission/vision and 2025-2028 strategic goals. The proposed project aligns with the Dublin City Council's priority of food/nutrition (HUD’s focus on strengthening communities and improving quality of life) and the EACHSNA recommendation/approach of building organizational relationships and focusing on service provision, awareness, and navigation (EACHSNA; pages 74-85) One substantial focus area for our organization in 2025 is strengthening our presence and community partnerships in Dublin by adding new Dublin-centric community partners to our SFH “family.” This investment in Dublin is critical as we simultaneously develop our second residential community, Sunflower Hill, at Grace Point. There are 60 Dublin-centric participants and numerous community members who benefit from SFH’s gardens at Hagemann Ranch. We would like to increase this Dublin-specific number. Adding these three Dublin partners will start that process - allowing for a potential of 500+ unique beneficiaries on a monthly basis. SFH currently measures program participant satisfaction (qualitatively and quantitatively) on an annual basis. We will share the impact of the additional Dublin-centric recipients and partners receiving fresh produce as part of our grant reporting. The initiative to increase produce production and provide weekly fresh produce to participants addresses food insecurity, a critical need identified in the assessment. Funding our nonprofit produce donation efforts in Dublin supports broader community food access and directly impacts vulnerable populations. In 2024, Sunflower Hill harvested more than 4700 pounds of produce, with 90% donated to local nonprofits addressing food insecurity and residents experiencing health challenges in Alameda County. These organizations include Tri-Valley Haven, Shepherd's Gate, Culinary Angels, Open Heart Kitchen and One Nation Dream Makers. In 2024, we supplied fresh, organic, culturally relevant produce to individuals at Tri-Valley Haven Livermore's Food pantry, Open Heart Kitchen, Shepherd's Gate and Culinary Angels. However, to date, all of our produce deliveries to front line partners have been Livermore centric. Our 2025 four-season harvest schedule is now focused on the culturally relevant food preferences of our partners and increasing our yield. We are planting/harvesting the vegetables desired by our clients. This grant will expand the Sunflower fresh produce opportunity and presence in Dublin. 6. Describe the needs, challenges, and/or service gaps that your project addresses. How will clients access the services? If applicable, please describe how your organization’s programs and services directly respond to negative economic or public health impacts of the COVID-19 Pandemic. As cited in the 2024 EACHSNA report, Dublin has experienced a 50 percent increase in population from 2010 to 2021 (EACHSNA, page 30). Approximately 3.7 percent, or 2501, are below the federal poverty level (EACHSNA, table 14, page 35). Food is one of the six social and economic factors identified by the Kaiser Family Foundation (EACHSNA, page 35) that drive health outcomes, and access to fresh food is limited in the city of Dublin, with 54 percent of the population having “low access” (EACHSNA, page 45). In addition, individuals with I/DD traditionally have a difficult time navigating the services. Lack of knowledge and access can contribute significantly to this paradigm. (EACHSNA, page 58). More than 1500 unique individuals in the community are now receiving SFH produce via our front-line nonprofit garden partners (Tri-Valley Haven, Shepherd’s Gate, Culinary Angels, Open Heart Kitchen, and One Nation Dream makers). With the addition of two Dublin-centric food/front-line partner and their existing customer basis, we'll expand our access by 500 individuals monthly. Allowing Dublin program participants to take home their harvests benefits them and their families. In the United States, an estimated 6.2 million people live with intellectual or developmental disabilities (I/DD), most of whom are adults requiring long-term support and living with their families. According to the U.S. 448 449 450 451 452 453 454 455 456 457 458 459 460 Alameda County Linkages $ 56,808.00 $ 56,808.00 PLHA $ 306,071.00 $ 306,071.00 EFSP $ 35,000.00 $ 35,000.00 Alameda County SSA Shelter $ 79,760.00 $ 79,760.00 Total $ 980,226.00 $ 105,000.00 $ 135,000.00 $ 1,220,226.00 2025-2026 Forecasted Expenses City of Dublin City of Livermore City of Pleasanton Other Sources Total Project Cost Personnel Costs $ 25,000.00 $ 50,000.00 $ 60,000.00 $ 581,227.00 $ 716,227.00 Operating Costs $ 219,538.00 $ 219,538.00 Administrative Costs $ 56,017.00 $ 56,017.00 Capital Costs (Pre- Development) $ 0.00 Capital Costs (Construction) $ 0.00 Other: Insurance $ 15,000.00 $ 15,000.00 Other: Communications $ 13,000.00 $ 13,000.00 Other: Office Rent $ 15,380.00 $ 15,380.00 Other: Auto Expenses $ 7,200.00 $ 7,200.00 Other: Utilties $ 15,000.00 $ 15,000.00 Other: Shelter Rent $ 0.00 $ 0.00 $ 0.00 $ 162,864.00 $ 162,864.00 Total $ 25,000.00 $ 50,000.00 $ 60,000.00 $ 1,085,226.00 $ 1,220,226.00 Budget Narrative Revenue: The composition of revenue is our best estimate based on the previous year of operation. Expenses: personnel costs include salaries and benefits. Sick leave, vacation, and holidays are not included in the benefits calculation for staff who will be paid with Cites of Dublin or Pleasanton grant funds. Note that the personnel line above includes positions not charged to Dublin nor Pleasanton: Director of Domestic Violence Services, IT Manager, Facilities Coordinator, Data/Contracts Manager, Volunteer Coordinator, Linkages Case Manager, Crisis Line Coordinator, Clinical Supervisor, Shelter Manager, Family Case Manager, and Therapist. Operating Expenses: includes program supplies, office supplies, client assistance, staff development, maintenance and repair. Administrative Expenses: includes audit, accounting and payroll. Shelter Rent: rent at temporary shelter site. Upon completion of the shelter rebuild, TVH will no longer have a shelter rent expense. Personnel costs (salary and benefits) requested from the City of Dublin: Case Manager - 8.75% FTE: $467/month ($5,603/year) Therapist - 3.75% FTE: $690/month ($8,285/year) Legal Advocate - 9.12% FTE: $552/month ($6,627/year) Overnight Staff - 6.88%FTE: $374/month ($4,485/year) Personnel costs (salary and benefits) requested from the City of Pleasanton: Case Manager - 18.64% FTE: $995/month ($11,937/year) Therapist - 22.5% FTE: $1,657/month ($19,883/year) Legal Advocate - 22.5% FTE: $1,355/month ($16,355/year) Overnight Staff - 18.13%: $985/month ($11,825/year) The Domestic Violence Services budget is part of the overall agency budget that includes other programs and departments: a) Homeless and Family Support Services Department, b) Sexual 461 462 463 464 465 466 467 468 469 470 Application ID: 486503 Become a fan of ZoomGrants™ on Facebook Problems? Contact us at Questions@ZoomGrants.com ©2002-2025 GrantAnalyst.com. All rights reserved. "ZoomGrants" and the ZoomGrants logo are trademarks of GrantAnalyst.com, LLC. Logout | Browser 471 City of Dublin Human Services Grant Program Funding Recommendations for Fiscal Years 2025-26 and 2026-27 May 6, 2025 472 Agenda 1.Grant Program Priorities 2.Grants Application Process Overview 3.Tri-Valley Grant Application 4.Program Funding by Source 5.Funding Recommendations 6.Next Steps 473 Grant Program Priorities Healthcare Food Shelter Childcare Inclusivity Diversity Equity City Council Priorities: Critical Human Service Needs City Mission, Vision, and Values 474 Grant Program Priorities, 2 Safety Transportation Youth Services 2024 Tri-Valley Needs Assessment: Community-Level Challenges and Opportunity Areas Housing Health Care Mental Health Services Provision Cultural Responsiveness Substance Abuse Services 475 Grants Application Process Overview •Outreach and Education: November – December 2024 o Advertising/Postings/Outreach o Virtual Grant Workshop (Mandatory) •Application Period: November 25, 2024 – January 17, 2025 •Staff Review and Initial Recommendations •Joint-Commission Presentations (Mandatory): February 11, 2025 •Commission Review/Recommendation •City Council Approval: May 2025 476 Tri-Valley Grant Application •Tri-Valley Grants Application o Collaborative response to key priority in needs assessment o Revamped application process Synchronization of questions/requirements 3 cities, 1 application o 2-year funding cycle •Dublin Applications Received o 25 applications received (21 organizations) o 24 service project requests and 1 capital project 477 Program Funding by Source 2025-26:2026-27: CDBG ARPA GF AHF CDBG ARPA GF AHF $60,000 $60,000$163,000 $99,000 $8,000 $160,000 $8,000 $330,000 $228,000 478 CDBG Funding The Community Development Block Grant (CDBG) fund is provided by the U.S. Department of Housing and Urban Development (HUD). The City of Dublin works with Alameda County’s Urban County CDBG Program to allocate funds and to assure all CDBG funded activities follow Federal regulations. Program Fiscal Year 2025-26 Estimated Amounts Fiscal Year 2026-27 Estimated Amounts Human Services Grant Program $45,500 $45,900 Section 108 Loan Obligation (City of Pleasanton)*$14,500 $14,100 Total $60,000 $60,000 *In 2014, the City Council approved a resolution authorizing the City to enter into a Public Participating Jurisdiction Agreement (PPJ) with the City of Pleasanton, along with the City of Livermore, and the County of Alameda for repayment of a HUD loan to support Axis Community Health’s Health Center expansion. 479 Program Funding by Source 2025-26 Requested 2025-26 Available 2026-27 Requested 2026-27 Anticipated CDBG Capital Projects*$17,000 TBD $0 TBD $64,500 $60,000 $79,100 $60,000 $405,349 $270,000**$387,367 $168,000*** Total $486,849 $330,000 $466,467 $228,000 *Funding from CDBG is not guaranteed for FY 2025-26 or FY 2026-27. Adjustments may be necessary before the start of the fiscal year. **$99,000 from General Fund, $8,000 from Affordable Housing Fund, and $163,000 from ARPA ***160,000 from General Fund and $8,000 from the Affordable Housing Fund 480 Funding Recommendations Project Type Recommended Funding FY 2025-26 Recommended Funding FY 2026-27 Loan Obligation $14,500 $14,100 Services – Food $56,500 $34,840 Services – Shelter $109,000 $70,425 Services – Other*$150,000 $108,635 Total $330,000 $228,000 * “Services – Other” includes projects/programs that provide safety-net services addressing issues like domestic violence/child abuse, disabled/special needs, financial/legal needs, medical/health needs, etc. 481 Funding Recommendations Funding Recommendations 482 Funding Recommendations, 2 483 Human Services Grants Next Steps •Review and consider the recommendations put forth by Staff and the Human Services Commission. o CDBG reductions o Re-allocation of withdrawn funds •Adopt the Resolution Approving Human Services Grant Program Funding Recommendations for Fiscal Years 2025-26 and 2026-27. •Approved grant amounts will be incorporated into the budget requests for Fiscal Years 2025-26 (available 7/1/2025) and 2026-27 (available 7/1/2026). o Agreement execution (City/County and City/Provider) o Invoicing, reporting, and monitoring 484 Questions? 485 STAFF REPORT CITY COUNCIL Page 1 of 7 Agenda Item 8.2 DATE:May 6, 2025 TO:Honorable Mayor and City Councilmembers FROM:Colleen Tribby, City Manager SUBJECT:Report on Electric Bicycle and Electric Scooter Education and Enforcement Prepared by: Victor Fox, Chief of Police and Jordan Foss, Management Analyst II EXECUTIVE SUMMARY: The City Council will receive a report on current laws and efforts by Dublin Police Services to conduct education and enforcement in the community related to the use of electric bicycles and electric scooters. The report includes recommended action items designed to enhance outreach and ensure compliance with applicable laws and regulations. STAFF RECOMMENDATION: Receive the report and provide direction on the creation of a bicycle ordinance and administrative citation program, and enhanced education and enforcement efforts. FINANCIAL IMPACT: None. DESCRIPTION: Background At the September 3, 2024 meeting, the City Council asked that Staff explore an electric bicycle (e-bike) and electric scooter (e-scooter) education program. This request came on the heels of several incidents involving such vehicles, particularly related to their operation by young residents travelling to and from school. Since that time, Staff has collected data on incidents involving e-bikes and e-scooters, evaluated current outreach and educational programs offered, collaborated with the Dublin Unified School District, and conducted research on neighboring cities. With this report, Staff is recommending enhancements to Dublin’s policies and procedures that will help reduce incidents involving e-bikes and e-scooters, as well as traditional bicycles. 486 Page 2 of 7 Definitions Electric bicycles and electric scooters, commonly referred to as e-bikes and e-scooters, have become a popular and cost-effective mode of transportation. The following is a brief overview of the different classifications of e-bikes and e-scooters seen in the City of Dublin. E-Bikes An electric bike, or e-bike, is a bicycle equipped with an electric motor to assist the rider when they are pedaling. The motor receives its power from a rechargeable battery mounted on the bike. California Vehicle Code (CVC) 312.5 and 231 define e-bikes as bicycles. Additionally, CVC 21200a establishes that anyone riding a bicycle has the same rights and responsibilities as a driver of a motor vehicle, meaning that bicyclists are required to obey traffic laws. These include traveling with the flow of traffic, obeying traffic signs and traffic control devices, and traveling in bicycle lanes if available. E-bikes are generally classified into three classes based on their motor assistance and maximum speed. Class 1 and 3 are pedal-assist only, while Class 2 has both pedal- and throttle-assist options. The maximum assisted speed is 20 miles per hour (mph) for Class 1 and 2, and 28 mph for Class 3, as shown in Table 1. Table 1. E-Bikes Classification Class 1 Class 2 Class 3 Pedal Assist  Throttle  Max Speed 20 mph 20 mph 28 mph E-Scooters CVC 407.5(a) defines an electric scooter, or e-scooter, as a two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. The motor receives its power from a rechargeable battery mounted on the scooter. CVC 21235 mandates that all scooter riders in California must have a valid driver’s license and prohibits the operation of an e-scooter on a sidewalk, except to enter or leave adjacent property. Additionally, pursuant to CVC 22411, no person shall operate a motorized scooter at a speed in excess of 15 mph. Table 2 outlines the description, safety requirements, and local and state laws applicable to e- bikes and e-scooters. 487 Page 3 of 7 Table 2. E-Bike and E-Scooter Requirements Vehicle Description License Requirement Helmet Requirement Allowable Locations Other E-Scooter A two-wheeled vehicle with a motor, handlebars, and a standing floorboard; may include a seat that allows for standing. Driver's license or instruction permit. Bicycle helmet if under 18 years old. Bike lanes or on a road with 25 mph or less speed limit; sidewalk riding prohibited. 15 mph max speed limit; follow rules that apply to motor vehicles. Class 1 and 2 E-Bike An electric bicycle with pedal or throttle assist, providing motor support up to 20 mph. None.Bicycle helmet if under 18 years old. Anywhere traditional bikes may ride. No minimum age requirement; follow rules that apply to motor vehicles. Class 3 E-Bike A pedal-assisted electric bicycle with a speedometer, providing motor assistance only while pedaling, up to 28 mph. None.Bicycle helmet for all. Anywhere traditional bikes may ride. 16 years and older to ride; follow rules that apply to motor vehicles. Current Education and Enforcement Efforts The Dublin Police Services (DPS) Patrol Division, Traffic Unit, School Resource Officers, and the Crime Prevention Unit have collectively participated in community education efforts related to e-bikes and e-scooters. The emphasis has been on education to raise awareness among riders regarding current laws. Specifically, DPS has made the following efforts to enforce laws and to provide public education. DPS and City staff created social media posts on e-bike and e-scooter safety and produced an educational video that was distributed online. DPS worked with the Dublin Unified School District (DUSD) to ban the use of e-scooters at all elementary and middle school campuses. This was in response to several collisions involving e-scooters, as well as laws prohibiting their use for riders without a driver’s license or permit. DPS published an e-bike informational flyer. DPS continued the Bicycle Rodeo and Safety program to all Dublin elementary schools during the summer months for students in attendance. This program supports safe bicycle riding and builds upon the students’ riding ability in a safe and controlled environment. School Resource Officers worked with the schools to provide guidance and education to staff and students. DPS issued 24 citations citywide in 2024, compared to none in 2023, and none thus far in 2025. The increase in 2024 was directly related to a targeted enforcement campaign in response to collisions. The citations DPS currently issues are for violations of the 488 Page 4 of 7 California Vehicle Code, which are handled through the court system like other moving vehicle infractions. DPS will host a Community Safety Fair at Emerald Glen Park on May 17, 2025. Staff will be present to provide education on electric transportation laws and proper fitting of safety helmets. Collision Data Since January 1, 2023, DPS has taken a total of 56 reports for collisions involving traditional bicycles, e-bikes, and e-scooters (Figure 1 below). There were just over 20 collisions in each of the last two full calendar years, with 11 incidents reported in 2025 to date. Ninety-three percent of these incidents involved a motor vehicle (i.e., bike versus car), and injuries occurred. This data does not reflect the true number of collisions, as some go unreported. Figure 1. Bicycle and E-bike/E-scooter Collisions Surrounding Cities Efforts To help inform Dublin’s response to e-bike and e-scooter concerns, Staff conducted research on the policies and procedures in place in the neighboring agencies of Pleasanton, San Ramon, and Danville. The research concluded that, while safety concerns like Dublin’s exist in other cities, there are inconsistencies in how each agency regulates e-bikes and e-scooters. Table 3 below illustrates the findings. 15 8 4 5 7 2 3 7 4 2023 (23) 2024 (22) 2025 (YTD) (11) Number of Collisions Bicycles E-Bikes E-Scooters 489 Page 5 of 7 Table 3. Comparison of Municipal Safety Measures for E-Bikes and E-Scooters Municipality Ordinance Information Citation Information Website Safety Program Danville Ordinance that bans e-bikes and e-scooters from sidewalks in business district. Occasionally cite, but no exact citation data available. Dedicated webpage to e-bikes and e- scooters. Definitions and safety information included. Bicycle rodeo in collaboration with San Ramon Valley Unified School District (SRVUSD), San Ramon Valley Fire Protection District (SRVFPD), and City of San Ramon. Pleasanton Ordinance that defines prohibited areas for operation of bicycles and e- bikes. Occasionally cite, but no exact citation data available. No information on website. None. San Ramon No ordinance. No citations for violations. No information on website. Bicycle rodeo in collaboration with SRVUSD, SRVFPD, and Town of Danville. Dublin No ordinance.Targeted enforcement of the CA Vehicle Code. Dedicated webpage on Bike Education and Safety. Bicycle Rodeo and Safety Program offered to all DUSD elementary schools. Findings and Recommendations Next Steps The City’s social media outreach, inclusion of e-bike/e-scooter safety in the upcoming Community Safety Fair, and collaboration with DUSD are positive steps towards addressing concerns with electric conveyance technology. While there have been 11 incidents in this calendar year to date, Staff is hopeful that the actions already taken will be positively impactful through 2025, particularly as the DUSD e-scooter ban was put in place after the current school year began. However, due to the increasing popularity of e-bikes and e-scooters in the Dublin community, there is a pressing need to enhance compliance with the laws and regulations regarding their use. Staff recommends the following next steps as part of a coordinated strategy to enhance education, ensure compliance, and support responsible integration of e-bikes and e-scooters in the community. 1. Codification of Bicycle Laws into the Dublin Municipal Code (DMC) Currently, the DMC only contains Chapter 6.72, which identifies the locations of bicycle lanes but does not include language pertaining to e-bikes or e-scooters. Developing a bicycle ordinance would help establish clear expectations for the use of bicycles, e-bikes, and e- scooters within the community. It would also support enforcement and improve public safety. The proposed bicycle ordinance would be based on best practices and minimally include the following: 490 Page 6 of 7 Definitions to clearly define terms and classification of bicycles, e-bikes, and e-scooters. Helmet requirements. Requirements to obey traffic laws and traffic control devices. Restrictions on riding in certain areas, such as sidewalks, parks, and playgrounds. Identification of designated usage areas, including locations where devices are prohibited. Enforcement provisions and penalties for violations. 2. Create an Administrative Citation Program for Violations Creating an administrative citation program would allow DPS to cite violations of the Municipal Code, rather than the CA Vehicle Code. This would provide a level of local control that does not currently exist. In addition, instead of routing violations through the court system, which includes creating a vehicle infraction record, the City would administer the penalty – this will speed up the process and allow the City to offset enforcement costs. The citation process would begin with a warning for the first offense, followed by monetary fines for repeat violations. As outlined in the California Government Code Section 36900, fine amounts are as follows: $100 for a first violation, $200 for a second violation of the same ordinance within one year, and $500 for each additional violation of the same ordinance within one year of the first violation. It should be noted that DPS staff would reserve the right to issue a “Warning” if the first violation is not egregious in nature. An example of a case that might warrant a Warning is a helmeted minor riding an e-bike briefly on a sidewalk in a residential area where there are no pedestrians. This program would apply to bicycles, e-scooters, and Class 1-3 e-bikes. 3. Continued Public Education and Outreach Staff plans to continue and enhance public education and outreach efforts with the addition of public service announcements, targeted social media posts, and additions to the current website to include safety videos, resources, and information on the administrative citation program. Next Steps With City Council approval of the coordinated strategy described above, Staff will implement action items, including bringing back a bicycle ordinance for adoption, and report back to the City Council in spring 2026 on their efficacy. STRATEGIC PLAN INITIATIVE: Strategy 2: Public Safety. Objective B: Continue to invest in public safety technology and programs that advance proactive, community policing and protect citizens and law enforcement. 491 Page 7 of 7 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: None. 492 Report on Electric Bicycle and Electric Scooter Education and Enforcement May 6, 2025 493 Presentation Overview Background Definitions Current Education and Enforcement Efforts Collision Data Surrounding Cities Efforts Next Steps 494 Definitions Electric Bicycles (E-Bikes) An E-Bike is a bicycle equipped with fully operative pedals and an electric motor of less than 750 watts (CVC 312.5). E-Bikes are considered bicycles under the California Vehicle Code (CVC 231). CVC 21200a establishes that anyone operating a bicycle has the same rights and responsibilities as motorists, meaning that bicyclists are required to obey traffic laws. 495 Definitions, 2 Class 1 E-Bike •CVC 312.5(a)(1) –A bicycle equipped with an electric motor that provides assistance only when rider is pedaling with a maximum motor speed of 20 MPH. Rider Requirements: •Bicycle helmet (CVC 21212) if under 18 years old. •No minimum age requirement to ride. 496 Definitions, 3 Class 2 E-Bike •CVC 312.5(a)(2) –A bicycle with throttle assist, equipped with an electric motor that can exclusively propel the bicycle with a maximum motor assisted speed of 20 MPH. Rider Requirements: •Bicycle helmet (CVC 21212) if under 18 years old. •No minimum age requirement to ride. 497 Definitions, 4 Class 3 E-Bike •CVC 312.5(a)(3) –A pedal-assisted bicycle equipped with an electric motor that provides assistance only when the rider is pedaling, with a maximum motor assisted speed of 28 MPH. Rider Requirements: •Bicycle helmet (CVC 21212) for all. •Per CVC 21213, must be 16 years old or older to ride. 498 E-Bikes Classification Table 499 Definitions, 5 E-Scooter •CVC 407.5 –A two-wheeled device with an electric motor, handlebars, and either a standing floorboard or a seat with footrests. Rider Requirements: •Driver's license or instruction permit required. •Bicycle helmet (CVC 21212) if under 18 years old. •May ride in bike lanes or on a road with 25 MPH or less speed limit; sidewalk riding prohibited per CVC 21235. •15 MPH max speed limit (CVC 22411). 500 Current Education and Enforcement Efforts Dublin Police Services (DPS) and City staff created social media posts on e-bike and e-scooter safety and produced an educational video that was distributed online. DPS worked with the Dublin Unified School District to ban the use of e-scooters at all elementary and middle school campuses. DPS published an e-bike informational flyer in September 2024. DPS continued the Bicycle Rodeo and Safety Program for elementary students during the summer months. This program supports safe bicycle riding, challenges, and builds upon riding abilities in a safe and controlled environment. School Resource Officers worked with the schools to provide guidance and education to staff and students. 501 Current Education and Enforcement Efforts, 2 DPS issued 24 citations citywide (2024) for e-bike and e-scooter violations. Updated the DPS webpage to include e-bike and e-scooter laws as well as tips for safe riding. Upcoming Community Event –Hosting a Community Safety Fair on May 17, 2025, at Emerald Glen Park, where staff will educate attendees on e-bike and e- scooter laws and proper helmet fitting. 502 Collision Data 15 8 4 5 7 2 3 7 5 2023 (23) 2024 (22) 2025 (YTD) (11) Nu m b e r o f C o l l i s i o n s Bicycles E-Bikes E-Scooters 503 Surrounding Cities Efforts Municipality Ordinance Information Citation Information Website Safety Program Danville Ordinance that bans e-bikes and e-scooters from sidewalks in business district. Occasionally cite, but no exact citation numbers available. Dedicated webpage to e-bikes and e-scooters. Definitions and safety information included. Bicycle rodeo in collaboration with SRVUSD, SRVFPD, and City of San Ramon. Pleasanton Ordinance that defines prohibited areas for operation of bicycles and e-bikes. Occasionally cite, but no exact citation numbers available. No information on website.None. San Ramon No ordinance. No citations for violations.No information on website. Bicycle rodeo in collaboration with SRVUSD, SRVFPD, and Town of Danville. Dublin No ordinance. Targeted enforcement of the CA Vehicle Code. Dedicated webpage on Bike Education and Safety. Bicycle Rodeo and Safety Program offered to all DUSD elementary schools. 504 Next Steps With the increasing popularity of e-bikes and e-scooters in the Dublin community, there is a need to maintain community awareness of laws and regulations regarding their use. This is necessary to ensure public safety and adherence to traffic laws. Staff recommends the following next steps as part of a coordinated strategy to enhance safety, ensure compliance, and support reasonable integration of e-bikes and e-scooters in the community: Codification of bicycle laws into the Dublin Municipal Code. Create an Administrative Citation Program for violations. Continued public education and outreach. 505 Codification of Bicycle Laws into the Dublin Municipal Code The current Dublin Municipal Code (DMC) only contains Chapter 6.72, which identifies the locations of bicycle lanes. Development of an ordinance would help establish clear expectations for the use of bicycles, e-bikes, and e-scooters in the Dublin community. 506 Codification of Bicycle Laws into the Dublin Municipal Code, 2 The proposed bicycle ordinance would be based on best practices and minimally include the following: Definitions to clearly define terms and classifications of bicycles, e-bikes, and e- scooters. Helmet requirements. Obedience to traffic laws and traffic control devices. Designated usage areas, including where devices are prohibited. Enforcement provisions and penalty for violations. 507 Create an Administrative Citation Program for Violations An administrative citation program will allow DPS to cite bicycle, e-bike, and e-scooter violations under the DMC as opposed to the CA Vehicle Code. Instead of routing citations through the court system which generates a record, the City would administer the penalty locally. Having local control will speed up the process and allow the City to be flexible with a warning policy for the first offense. 508 Create an Administrative Citation Program for Violations, 2 Administrative fine amounts are dictated by the State of California under California Government Code 36900. The proposed citation process will begin with a warning for the first offense, followed by monetary fines for repeat violations. $100 for a first violation following a warning $200 for a second violation within one year $500 for each additional violation of the same ordinance within one year of the first violation. DPS staff would reserve the right to use discretion and issue a “Warning”. This program would apply to bicycles, Class 1-3 e-bikes, and e-scooters. 509 Continued Public Education and Outreach Development of additional public service announcements, including guidelines and responsible riding practices. Launching targeted social media campaigns to engage residents and provide accessible safety information. Current website update through the addition of safety videos, resources, and details about the administrative citation program. 510 Recommendation Receive the report and provide direction on the creation of a bicycle ordinance and administrative citation program, and enhanced education and enforcement efforts. Questions? 511