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Home My WebLink AboutDecember 4, 2018 Agenda PacketDecember 4, 2018 Dublin City Council Agenda Page 1 of 4 REGULAR MEETING Tuesday, December 4, 2018 Council Chamber, 100 Civic Plaza DUBLIN CITY COUNCIL A G E N D A • Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov) • Agendas may be picked up at the City Clerk’s Office for no charge, or to request information on being placed on the annual subscription list, please call 833-6650. • A complete packet of information containing Staff Reports and exhibits relate to each item is available of public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk’s Office and also at the Dublin Library. CLOSED SESSION 6:30 P.M. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case Facts and circumstances: Letter from Stuart Flashman to Mayor and City Council, dated October 18, 2018 REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. 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). 4. 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. 4.1. Approval of the November 20, 2018 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the November 20, 2018 Regular meeting. STAFF RECOMMENDATION: Approve the minutes of the November 20, 2018 Regular City Council meeting. 4.2. Ordinance Amending Dublin Municipal Code Section 7.98 Solid Waste and Recycling Enclosure Standards The City Council will consider introducing an Ordinance amending Dublin Municipal Code Section 7.98, Solid Waste and Recycling Enclosure Standards, to establish design criteria and size requirements for enclosures at new developments and specifying locations that trigger a planning entitlement such as a site development review or conditional use permit. December 4, 2018 Dublin City Council Agenda Page 2 of 4 STAFF RECOMMENDATION: Waive the reading and INTRODUCE an Ordinance Amending Chapter 7.98, Solid Waste and Recycling Enclosure Standards. 4.3. Authorizing Staff to Procure Computer Supplies through CDW Government, LLC (CDW-G) The City Council will consider the use of CDW Government, LLC (CDW-G) as a City’s primary vendors for computer related software and supplies for the City’s daily business operations. STAFF RECOMMENDATION: Authorize the City Manager to approve computer related software and supplies purchases annually through CDW-G. 4.4. Notice of City Engineer’s Pending Decision on the Final Map for Tracts 8365 and 8367 The City Council will receive a notification of the City Engineer’s pending approval of the Final Map for Tracts 8365 and 8367, Boulevard Neighborhoods 14, 15, and 18. STAFF RECOMMENDATION: Receive the notification. 4.5. Veterans Art Word Selection The City Council is being asked to approve wording that will be included in a public artwork honoring veterans and military personnel, to be located at Don Biddle Community Park. STAFF RECOMMENDATION: Approve the following words to be included in the Veterans Art: Honor, Service, Courage and Integrity. 4.6. Creation of a Cemetery Policy The City Council will consider the adoption of a Cemetery Policy. The Policy defines activities and items that are allowable and prohibited in the Dublin Pioneer Cemetery and outlines maintenance standards for Cemetery common areas and privately-held grave plots. STAFF RECOMMENDATION: Adopt the Resolution Adopting the Cemetery Policy. 4.7. Fiscal Year 2018-19 1st Quarter Financial Review The City Council will receive a financial report through the first quarter for Fiscal Year 2018-19 and consider amendments to the Fiscal Year 2018-19 Budget via a budget change. STAFF RECOMMENDATION: Receive the report and approve the budget change. 4.8. Modification of Parking Regulation along Antone Way The City Council will consider adding a No Parking zone along Antone Way. This action will improve traffic circulation at the entrance of John Green Elementary School on Antone Way. STAFF RECOMMENDATION: Adopt the Resolution Amending the Dublin Traffic Code Approving a No Parking Zone along Antone Way, west of South Bridgepoint Lane. 4.9. Public Safety Complex Art Agreement The City Council will consider approval of a Public Art Agreement between the City of Dublin and Gordon Huether + Partners, Inc. The artist Gordon Huether is to design, fabricate and install a piece of public artwork at the new Public Safety Complex. STAFF RECOMMENDATION: Adopt the Resolution Approving a Public Art Agreement with Gordon Huether + Partners, Inc. for a Public Art Project at the Dublin Public Safety Complex, and approve the budget change. December 4, 2018 Dublin City Council Agenda Page 3 of 4 4.10. City of Dublin Legislative Platform 2019 The City Council will consider approving a Legislative Platform for 2019 for the City of Dublin. The Platform would guide the City’s response to pending and possible legislation that affects the Dublin community. STAFF RECOMMENDATION: Adopt the Resolution Approving the 2019 City of Dublin Legislative Platform. 4.11. New Agreement with DKS Associates, Amendment to Agreement with Geosyntec Consultants, Inc., and Additional Funding Request for Amador Valley Boulevard – Wildwood Road and Stage Coach Intersection Improvements, CIP No. ST0317; and Amendment to Agreement with BKF Engineers and Additional Funding Request for Dublin Boulevard Extension – Fallon Road to North Canyons Parkway, CIP No. ST0216 The City Council will consider approval of an on-call consultant services agreement with DKS Associates, and amendments to the agreements with Geosyntec Consultants, Inc. and BKF Engineers. The City Council will also consider a budget change adding $626,250 to CIP No. ST0317 and $212,692 to CIP No. ST0216. STAFF RECOMMENDATION: 1) Adopt the Resolution Approving On-call Consulting Services Agreement with DKS Associates; 2) Approve Budget Change to CIP No. ST0317; 3) Adopt the Resolution Approving Amendment #2 to the Consulting Services Agreement with Geosyntec Consultants, Inc. for Green Infrastructure Planning and Stormwater Resource Evaluation Plan; 4) Adopt the Resolution Approving Amendment #2 to the Consulting Services Agreement with BKF Engineers for Additional Environmental Work on Extension of Dublin Boulevard to North Canyons Parkway Project; and 5) Approve Budget Change to CIP No. ST0216. 4.12. Amendment to the Acquisition Agreement for Community Facilities District No. 2015-1 (Dublin Crossing) The City Council will consider an amendment to the Acquisition Agreement for Community Facilities District No. 2015-1 (Dublin Crossing). The purpose of the amendment is to include additional City-imposed impact fees as authorized fees and to revise the competitive bidding requirement for authorized facilities. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Acquisition Agreement for Community Facilities District No. 2015-1 (Dublin Crossing). 4.13. Climate Action Plan Task Force The City Council will consider approving the formation of a Climate Action Plan (CAP) Task Force. Staff is working to develop an updated CAP with strategies to achieve greenhouse gas (GHG) emissions reduction goals by 2030 and 2050. The CAP Task Force will provide feedback to Staff on potential GHG emissions reduction strategies throughout the development of the City of Dublin’s updated CAP. STAFF RECOMMENDATION: Adopt the Resolution Approving the Formation of a Climate Action Plan Task Force. 4.14. Revisions to the Personnel System The City Council will consider proposed changes to the City’s current Personnel System. The proposed adjustments are based on the need to revise the City’s Classification, Salary, Benefit Plans. STAFF RECOMMENDATION: Adopt the Resolution Amending the Classification Plan; adopt the Resolution Amending the Salary Plan; and, adopt the Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated Positions. December 4, 2018 Dublin City Council Agenda Page 4 of 4 4.15. Temporary Relocation for Alameda County Fire Department Administrative Offices The City C ouncil will consider authorizing the City Manager to enter into agreements to provide temporary housing for the Alameda County Fire Department. The Department is located in the Public Safety Complex and must be relocated for a short period of time while unexpected structural upgrades are made to the building. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Enter into Agreements Necessary for the Temporary Relocation for the Alameda County Fire Department Administrative Offices, and approve the budget change. 5. WRITTEN COMMUNICATION – NONE. 6. PUBLIC HEARING – NONE. 7. UNFINISHED BUSINESS – NONE. 8. NEW BUSINESS 8.1. Update on The Wave Operations The City Council will receive an update on The Wave's second operational season. STAFF RECOMMENDATION: Receive report and provide direction. 9. OTHER BUSINESS 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). 10. 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), 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. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of the November 20, 2018 Regular City Council Meeting Minutes Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the November 20, 2018 Regular meeting. STAFF RECOMMENDATION: Approve the minutes of the November 20, 2018 Regular City Council meeting. FINANCIAL IMPACT: N/A DESCRIPTION: The City Council will consider approval of the minutes of the November 20, 2018 Regular City Council meeting. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Draft Minutes of the November 20, 2018 Regular City Council Meeting 4.1 Packet Pg. 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – NOVEMBER 20, 2018 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING NOVEMBER 20, 2018 Closed Session 6:30 P.M. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case Facts and circumstances: Letter from Stuart Flashman to Mayor and City Council, dated October 18, 2018 Stuart Flashman provided public comment. Shirley Lewandowski, Dublin resident, provided public comment. 1. Call to Order and Pledge of Allegiance – The meeting was called to order at 7:16 p.m. by Mayor Haubert. The pledge of allegiance was recited by the City Council, Staff, and those present at the meeting. Attendee Name Title Status David Haubert Mayor Present Melissa Hernandez Vice Mayor Present Arun Goel Councilmember Present Abe Gupta Councilmember Present Janine Thalblum Councilmember Present 2. Report on Closed Session – Mayor Haubert stated that there was no reportable action. 3. Oral Communications On motion of Mayor Haubert, seconded by Cm. Goel and by unanimous vote, the City Council agreed to postpone Item 6.1 AT Dublin Project (PLPA-2017-00061), to a future date, at the request of the Applicant. 3.1. Recognition of Alameda County Fire Department's 25th Anniversary The City Council presented the proclamation to Chief Rocha of the Alameda County Fire Department. 3.2. Recognition of 2018 Inside Dublin Participants The City Council recognized the members of the 2018 Inside Dublin class. 4.1.a Packet Pg. 6 Attachment: 1. Draft Minutes of the November 20, 2018 Regular City Council Meeting (Draft Minutes of the November 20, 2018 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING NOVEMBER 20, 2018 3.3. Presentation of Banners to 2018 Military Banner Program Participants The City Council presented the Military Banners to those participants present. 3.4. Proclamation in Recognition of Small Business Saturday (November 24, 2018) The City Council presented the Small Business Saturday 2018 proclamation to the Chamber representative. 3.5. Public Comment Norm Lewandowski, Dublin resident, provided public comment. Guv Parkesh, Dublin resident, provided public comment. Harry Mann provided public comment. Jeff Gebel, Dublin resident, provided public comment. John McClain, Dublin resident, provided public comment. Claire Hall, Dublin resident, provided public comment. Steve Jung provided public comment. By consensus, the City Council agreed to cancel the December 3, 2018 Special City Council meeting regarding the Valley Christian Project. 4. Consent Calendar Staff pulled Item 4.3 from the Agenda, for a vote at a later date. Cm. Goel pulled Item 4.15 for a separate vote. 4.1. Approved the minutes of the November 8, 2018 Adjourned Regular and Special City Council meeting. 4.2. Adopted RESOLUTION NO. 120 – 18 APPROVING AMENDMENTS TO AGREEMENTS WITH CAL ENGINEERING AND GEOLOGY, JERRY HAAG, AND COIT CLEANING AND RESTORATION SERVICES 4.1.a Packet Pg. 7 Attachment: 1. Draft Minutes of the November 20, 2018 Regular City Council Meeting (Draft Minutes of the November 20, 2018 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING NOVEMBER 20, 2018 4.4. Waived the second reading and adopted ORDINANCE NO. 11 – 18 AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC RELATED TO THE DUBLIN CROSSING PROJECT PLPA-2018-00027 (HISTORICAL APNs 986-0001-001-15 (PARTIAL), 986- 0034-002-00, AND 986-0034-006-00) 4.5. Adopted RESOLUTION NO. 121 – 18 ACCEPTING THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX AUDIO SYSTEM (CIP NO. PK0105) 4.6. Adopted RESOLUTION NO. 122 – 18 AUTHORIZING STAFF TO PROCURE ONE 2019 POLICE HARLEY-DAVIDSON FLHTP ELECTRA GLIDE FROM LIVERMORE HARLEY-DAVIDSON AND EMERGENCY EQUIPMENT 4.7. Adopted RESOLUTION NO. 123 – 18 AUTHORIZING STAFF TO PROCURE COMPUTERS AND RELATED EQUIPMENT FROM DELL, INC. 4.8. Adopted RESOLUTION NO. 124 – 18 APPROVING CONTRACT INSTRUCTOR SERVICES AGREEMENT WITH AKSHAY ARORA DBA ARORA TENNIS AND FITNESS FOR RECREATION SERVICES 4.9. Adopted RESOLUTION NO. 125 – 18 AUTHORIZING THE CITY MANAGER TO ACCEPT THE DOUGHERTY ROAD IMPROVEMENTS AND TO APPROVE THE FINAL CONTRACT CHANGE ORDER (CIP NO. ST0911) 4.10. Received the City Treasurer's Informational Report of Investments for the Quarter Ending September 30, 2018. 4.1.a Packet Pg. 8 Attachment: 1. Draft Minutes of the November 20, 2018 Regular City Council Meeting (Draft Minutes of the November 20, 2018 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING NOVEMBER 20, 2018 4.11. Waived the reading and adopted ORDINANCE NO. 12 – 18 LEVYING A SPECIAL TAX WITHIN AND RELATING TO THE CITY OF DUBLIN COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING) 4.12. Approve and authorize the Mayor to execute the Fourth Amendment to City Manager’s Employment Agreement; and adopted RESOLUTION NO. 126 – 18 AMENDING THE SALARY PLAN 4.13. Approved the Amended and Restated Agreement for Legal Services and authorized the Mayor to execute the same. 4.14. Received the Payment Issuance Report. 4.16. Confirmed the Mayor’s appointment of Vice Mayor Hernandez and himself as the 2018 Ad-Hoc Audit Review Committee that will serve for a limited time. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Melissa Hernandez, Vice Mayor AYES: Goel, Gupta, Haubert, Hernandez, Thalblum 4.15. Waived the reading and adopted ORDINANCE NO. 13 – 18 AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT WITH A RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR THE IKEA RETAIL CENTER PROJECT PLPA 2016-00016 (APNs 986-0033-004-00, 986-0033-005-02, 986-0033-006-00) RESULT: ADOPTED [4 TO 1] MOVED BY: Abe Gupta, Councilmember SECOND: David Haubert, Mayor AYES: Gupta, Haubert, Hernandez, Thalblum NAYS: Goel 4.1.a Packet Pg. 9 Attachment: 1. Draft Minutes of the November 20, 2018 Regular City Council Meeting (Draft Minutes of the November 20, 2018 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 5 REGULAR MEETING NOVEMBER 20, 2018 5. Written Communication – None. 6. Public Hearing 6.1. At Dublin Project (PLPA-2017-00061) Earlier in the meeting, the City Council agreed to postpone the item to a future date, at the request of the Applicant. 7. Unfinished Business – None. 8. New Business 8.1. Fiscal Year 2017-18 4th Quarter Financial Review The City Council received the report and confirmed General Fund reserve designations as of June 30, 2018. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Melissa Hernandez, Vice Mayor AYES: Goel, Gupta, Haubert, Hernandez, Thalblum 9. Other Business – 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). 10. Adjournment The Mayor adjourned the meeting at 8:22 p.m. Mayor ATTEST: ___________________________ City Clerk 4.1.a Packet Pg. 10 Attachment: 1. Draft Minutes of the November 20, 2018 Regular City Council Meeting (Draft Minutes of the November 20, 2018 Regular Meeting) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Ordinance Amending Dublin Municipal Code Section 7.98 Solid Waste and Recycling Enclosure Standards Prepared by: Rebecca Parnes, Environmental Technician EXECUTIVE SUMMARY: The City Council will consider introducing an Ordinance amending Dublin Municipal Code Section 7.98, Solid Waste and Recycling Enclosure Standards, to establish design criteria and size requirements for enclosures at new developments and specifying locations that trigger a planning entitlement such as a site development review or conditional use permit. STAFF RECOMMENDATION: Waive the reading and INTRODUCE an Ordinance Amending Chapter 7.98, Solid Waste and Recycling Enclosure Standards. FINANCIAL IMPACT: None. DESCRIPTION: Dublin Municipal Code, Section 7.98, Solid Waste and Recycling Enclosure Standards governs the standards for waste and recycling enclosures associated with new commercial development, new multifamily development with shared enclosures, and for commercial development projects that require Site Development Review or a Conditional Use Permit. Section 7.98 was last updated on August 21, 2012, when City Council adopted Ordinance 13-12. Staff is recommending an amendment to Section 7.98 in order to streamline the design, review, and permitting of projects that include waste and recycling enclosures. Other recommended amendments will clarify the requirement for hose bibs and sanitary sewer connections; specify the maintenance requirements for enclosures; specify the placement and spacing of trash and recycling cans in new development; and specify where pet-waste disposal stations are installed in new development. 4.2 Packet Pg. 11 Page 2 of 3 The proposed Municipal Code amendments intend to make waste enclosures easier and safer to use and incorporate greater stormwater pollution prevention strategies. This includes minor adjustments to enclosure design requirements related to size an d ensures ease of use and serviceability during regular operations. The existing and new requirements for enclosure design are presented in a streamlined table as compared to the paragraph format of the current code. The proposed changes should result in the development, construction and operation of waste management infrastructure that is easy to use and is well maintained resulting in less litter on Dublin streets, parks, and in private developments. Description of the changes to the Municipal Code are outlined below: 1. Change current waste enclosure requirement mandating installation of a hose bib and sanitary sewer connection for all developments, excluding industrial uses, to only requiring installation of a hose bib and sanitary sewer connection for waste enclosures intended for use by food service establishments. This aligns with requirements of the Alameda County Health Department and with the Dublin San Ramon Services District. The proposed ordinance adjustment will reduce the cost of enclosure construction for locations that are non-food service establishments. 2. New requirement for proper ongoing maintenance and use of enclosures. This includes mandating all enclosures must be well maintained; used only to house trash, recycling, and organics containers; and that each business subscribes to the levels of service they need so to prevent overflowing of waste containers. In addition to preventing stormwater pollution, well maintained enclosures help prevent safety issues for employees that are servicing solid waste and for the solid-waste service provider when emptying waste containers. Good enclosure maintenance also reduces the instances of vector problems. 3. New requirement for new commercial and multifamily development projects or existing developments with documented ongoing litter issues to install and maintain public litter collection containers. This will help reduce litter inside and around shopping centers and multi-family properties. This proposed adjustment would require litter containers for trash and recycling at the entrance and exit of all properties, throughout the facility at every 300 to 350 feet, and within 10 feet of any food generating or selling store. Public litter containers installed will be required to match the design elements of the development. The owner or property manager will be responsible for emptying the containers a minimum of once a week and keeping the containers clean and graffiti free. 4. New requirement for property owners to install, maintain, and empty pet w aste bag and disposal stations within new parks and trails, or at locations with an on - going pet waste litter concerns. This will help insure Dublin’s parks and trails stay clean and reduce storm water issues related to pet waste. In an effort to streamline solid waste and recycling enclosure development, review, and permitting, Staff recently created two documents that are provided to all development applicants. The documents are titled “Waste Handling Standards for Commercial and Multi-Family Properties” (Attachment 2), and “Waste Enclosure Requirements Checklist” (Attachment 3). 4.2 Packet Pg. 12 Page 3 of 3 The Waste Handling Standards document includes all requirements outlined in the Municipal Code as well as photos, diagrams, and greater detail on all items required by the Municipal Code. The Enclosure Requirements Checklist ensures that developers understand the requirements and that they provide the detail needed for Staff to fully review projects for compliance with the requirements. The goal is to make plan submittal and review related to waste enclosures more efficient for applicants and staff. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City held a public meeting on November 20, 2018 from 5:00 -7:00pm. Information about the meeting was sent to businesses, multifamily properties, developers, and property management companies. ATTACHMENTS: 1. Ordinance 13-12 2. Waste Handling Standards for Commercial and Multi-Family Properties 3. Waste Enclosure Requirements Checklist 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling Enclosure Standards 4.2 Packet Pg. 13 ORDINANCE NO. 13-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 7.98 RELATING TO SOLID WASTE AND RECYCLING ENCLOSURE STANDARDS The City Council of the City of Dublin does hereby ordain as follows: Section 1: Compliance with California Environmental Quality Act ("CEQA"): This Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2: Section 7.98.010 of the Dublin Municipal Code is hereby amended to read as follows: 7.98.010 Applicability. A. The requirements of this Chapter shall apply to all building or development permits for: 1. New commercial development projects. 2. New multi-family development projects with 5 units or more that will utilize shared waste and recycling enclosures. 3. Commercial development projects that trigger a Planning entitlement (such as a Site Development Review or Conditional Use Permit) and consist of uses, including but not limited to grocery stores, restaurants, markets, auto repair/use and daycares, that generate food waste, grease and/or vehicle fluids, and packaging material in addition to users that have the potential to pollute stormwater as determined by the Director of Public Works. 4. Any other project, including but not limited to tenant improvements, where the Public Works Department concludes that the use has the potential to discharge pollution into the City's storm sewer system. When this Chapter applies to a tenant improvement, the property owner or Applicant shall be responsible for making improvements only to the solid waste and recycling enclosure used by the tenant. Page 1 of 8 4.2.a Packet Pg. 14 Attachment: 1. Ordinance 13-12 (Solid Waste Ordinance Update) Section 3: Section 7.98.030 of the Dublin Municipal Code is hereby amended to read as follows: 7.98.030 General Construction and Design Standards. The location, design and construction of enclosures for the set out and collection of garbage, recyclables, food waste, landscaping debris or other discarded materials shall conform to all applicable regulations set out in these standards and to all other provisions of the Dublin Municipal Code. A development may have multiple solid waste and recycling enclosures to meet the required amount of capacity. The Public Works Director shall review the design of all enclosures. All enclosures are subject to a Site Development Review permit. Standard enclosures shall have a minimum inside usable floor and wall dimension of 18 feet wide by 10 feet deep, to allow tenant and Collector access to the bins/carts and placement of bins sideways in the enclosure if necessary. In some instances, the required enclosure size may be greater than 18 feet by 10 feet. All commercial uses within the City must at a minimum provide adequate space for separate garbage bins, cardboard only bins and mixed recycling bins. In addition, food service establishments shall provide adequate space for food waste/organics. If a food establishment will generate grease, fat or tallow, adequate space for those containers is also required. The types and size of bins shall be based on the volume of tonnage generated by the development activity, as estimated by the Public Works Director, and with the aim of reducing, as much as possible, the number of service trips per week by the Collector. A. Height Clearance of the Enclosure Approach. The entire approach to and from the front of the enclosure shall have at least 18 feet of vertical clearance to accommodate refuse truck height. The area immediately in front of the enclosure itself, or the location where the bin will be serviced, shall have at least 32 feet of vertical clearance to accommodate the servicing of the bin. All projects shall provide clearance for front end loading vehicles, as defined below: Vertical (approach and exit) 18 feet high Vertical (when dumping bin) 32 feet high Lateral 15 feet wide B. Driveways. An asphalt or concrete driveway with 50 feet of straight, direct access that leads to and from the enclosures to the bin is required and shall be built to withstand trucks weighting up to 62,000 pounds Gross Vehicle Weight (GVW). The driveway shall be built in accordance with the City Standard Plans and Specifications. C. Concrete Apron at the Approach. 1. The apron surface shall be the same elevation as the enclosure pad threshold and the surrounding surfaces, with a minimum slope of 1/8 inch (1% grade) per foot away from the enclosure pad so as to direct runoff away from the enclosure. Page 2 of 8 4.2.a Packet Pg. 15 Attachment: 1. Ordinance 13-12 (Solid Waste Ordinance Update) 2. The apron shall extend 10 feet from the enclosure pad and be the width of the enclosure opening. To prevent damage to the asphalt paving caused by receptacle impact, the enclosure base shall be designed to withstand up to 20,000 pounds of direct force from a single truck axle. A sufficient strength concrete shall be used to prevent chipping. D. Concrete Enclosure Pad. 1. The enclosure pad shall be engineered to withstand up to 20,000 pounds of direct force from a single truck axle for any portion of the pad that is subject to vehicle traffic. 2. The enclosure pad surface shall be the same elevation as the apron threshold. 3. On the open side of the enclosure, a grade break line shall be constructed at the inside edge of the wall with the slab sloping inwards on the inside of the structure and away from the structure on the outside. 4. The ground on all other sides of the structure shall be sloped away from the structure. E. Enclosure Design. Enclosures shall be designed to provide adequate space for collecting and storing solid waste and recyclable materials, including mixed recycling, separated cardboard and food waste/organics when appropriate). All solid waste and recycling enclosures shall be designed to provide for adequate capacity, based on the volume and tonnage generated by the development activity, as estimated by the Public Works Director, and with the aim of reducing, as much as possible, the number of service trips per week by the Collector. 1. Material: The design of the enclosure shall incorporate the same materials used for the primary buildings for a coordinated look and feel to the development. 2. Landscaping: In instances where the enclosure is visible from roadways or other public spaces, an irrigated 5-foot wide landscape strip running the length of the three non-gated enclosure walls shall be provided to allow for vines or large shrubs to shield the walls and discourage graffiti. 3.Height of walls: All enclosures shall have walls with a minimum height of 6 feet. 4. Roof: All solid waste and recycling area enclosures that are not located inside a building shall have roofs to prevent contaminants from washing into the storm drain system. The lowest part of the ceiling cannot be lower than 9 feet high. The roof shall extend past any open sides. Additionally, the roof shall not overhang the front gate so that the garbage trucks can access the bins. Page 3 of 8 4.2.a Packet Pg. 16 Attachment: 1. Ordinance 13-12 (Solid Waste Ordinance Update) 5.Inside Dimension a. All enclosures must have sufficient space for at least one bin for solid waste, a second bin of at least equal size for storing and collecting separated cardboard, and either a mixed recycling bin or cart for mixed paper, bottles and cans of sufficient size to collect mixed recycling items generated on-site. Enclosures that will be used by food establishments must also allow space for a separate food waste/organics bin of sufficient size to collect food waste generated on-site. b. The required interior dimensions shall not include space required for protective curbs or bumpers and shall allow for pairing of trash and recycling container(s) in the same enclosure. All bins must be configured inside the enclosure so as to ensure full access to the entire front area of the bin. c.If the enclosure will service food service establishments, adequate space must also be provided for waste cooking oil storage containers, which must be placed so that they will not interfere with the Collector's ability to service the enclosure, either by blocking access or as a result of leaking oil that creates a hazard for drivers. d. The enclosure shall be large enough to provide a minimum of 24 inches on each side of the bins, 24 inches between bins placed side by side and 36 inches from the front of the bin to the gate. If bins are placed facing each other, a minimum of 36 inches between bins is required. A protective buffer (cement curb, bollards or wood/rubber bumper) is required around all interior walls, including partial walls on the gated side, to prevent damage to the enclosure during servicing. Enclosure dimensions will increase depending on the size and number of required bins, which is dependent upon the use. Multiple enclosures may also be required, depending on the size of the development and type(s) of use. If there are multiple enclosures required, each enclosure shall have enough space to pair trash and recycling containers in the same enclosure, to ensure optimum diversion and to minimize contamination of recycling loads. All enclosures shall conform to the standards listed above. 6. Recycling Only Enclosures Smaller "recycling only" enclosures may be allowed in certain cases where an existing site has adequate enclosure space for trash, but it is not possible to locate the required recycling containers within the trash enclosure, based on the Public Works Director's estimate of required volume. Drainage requirements for recycling only enclosures will depend on the types of materials stored for recycling. Recycling only enclosures designated for separated non putrescible waste (i.e. cardboard only or mixed recycling bins or carts) shall be subject to a Site Development Review permit. Page 4 of 8 4.2.a Packet Pg. 17 Attachment: 1. Ordinance 13-12 (Solid Waste Ordinance Update) 7. Gates Pedestrian Doors a.Double gates are required for enclosures that contain two or more trash or recycling bins. b. Gates shall be free hanging with no center pole. The gates/doors shall be designed to ensure access and removal of each bin from the enclosure without having to move another bin. c.Gates shall be solid metal painted to incorporate the overall design theme of the development with outside handles on each door and a slide latch to secure the doors. The solid waste and recycling area should not be visible through the gates. In addition, gates must be approximately the same size as the enclosure walls. d. The gated opening shall be a minimum of 16 feet wide. Gate posts shall be placed outside this span. e. Bolts shall be used to secure the gate to the poles or walls. f.The gate doors must be constructed with a mechanism that will provide a means of securing the gate doors in both an opened and closed position. All gates must be lockable using a standard padlock. g. A pedestrian entrance shall be provided for all enclosures. All pedestrian doors shall open outward to avoid interfering with placement of, and access to, containers. h. An accessible path of travel shall be provided from the main building to the pedestrian entrance door described above. 8.Lighting The area around and inside the enclosure must be lit with a minimum of 1.0 foot candle. A motion sensor is required. 9. Storage inside the Enclosure/ Maintenance a. The enclosure is for the storage of solid waste, mixed recycling, cardboard, organics and grease containers only. b.Enclosures shall be kept clean, with all recyclables and garbage to be placed in the proper receptacle. No trash or recyclables may be stored on the enclosure floor on either a temporarily or permanent basis. Storage of hazardous materials is not allowed in the enclosure. Page 5 of 8 4.2.a Packet Pg. 18 Attachment: 1. Ordinance 13-12 (Solid Waste Ordinance Update) c.All solid waste, mixed recycling, cardboard, organics and grease containers are required to have lids that must be closed when not in use to contain litter and to prevent odor, pests and possible storm water pollution. In addition, all waste cooking oil storage containers must be leak proof and/or have secondary containment that does not interfere with access to cooking oil, trash or recycling containers. In addition, the waste oil hauler or property manager shall keep a supply on hand of material designed to absorb oil near the container in case there is a spill. 10. Waste Water Pollution Prevention a. Solid waste and recycling enclosures, with the exception of industrial uses, shall have a drain connected to the sanitary sewer. A hose bib shall be available for periodic wash down. b. The Applicant must contact the Dublin San Ramon Services District DSRSD) for specific sanitary sewer connection and discharge requirements. Sanitary sewer connections and inclusion of a grease or sand/oil interceptor shall be in accordance with DSRSD standard specifications. c.In accordance with DSRSD discharge regulations, solid waste and recycling enclosures servicing industrial uses are prohibited from draining into the sanitary sewer system. Waste generated from these users shall be directly taken to the appropriate waste facility. d. Stormwater is prohibited from entering the sanitary sewer system; therefore, all solid waste and recycling enclosures that are connected to the sanitary sewer system shall have a roof to prevent stormwater from entering the sanitary system. Grading around the solid waste and recycling enclosure shall be designed to drain stormwater away from the enclosure. F. Enclosure Location & Accessibility. 1. All solid waste, recycling and organics receptacles shall be placed so as to be readily accessible for removal and emptying by the collector, but they shall not be placed within the vehicle traveled portion of any street, road, avenue, way or alley, or at any location so as to constitute a nuisance, pursuant to Section 5.32.070. 2. All bins/enclosures are required to have direct access for collection trucks during normal solid waste, recycling and organics collection days and hours. Direct access means the collection truck can directly access the bin, and insert the forks into the sides of the bin without the driver having to get out of the truck to move the bin. A minimum straight approach of 50 feet is necessary to line up directly with the bin. Page 6 of 8 4.2.a Packet Pg. 19 Attachment: 1. Ordinance 13-12 (Solid Waste Ordinance Update) 3.Provide a turn around or separate exit that allows the truck to move forward rather than backwards. Maximum back-up distance is 50 feet (unless a greater distance is approved by the Franchise Hauler) for any maneuver and shall be in a straight line. 4.Solid waste and recycling enclosures shall not be placed in front of fire hydrants and no enclosure shall be placed within 5 feet of a combustible building wall, opening, or combustible roof eave line. 5. Solid waste and recycling enclosures shall not be installed behind parking spaces except for instances with unusual site constraints. 6.For safety reasons, the turning radius shall be adequate for a 3-axle truck and shall have a minimum outside turning radius of 45 feet. A turnaround must be provided for any street, driveway or travel aisle that would otherwise require the collection truck to back up a distance greater than 150 feet. 7. Truck Specifications: a.Front End Loader vehicles need a minimum of 50 feet of unobstructed clearance to access the solid waste and recycling enclosure. Commercial collection vehicles access the solid waste and recycling enclosure at the front of the vehicle. b. Vehicles servicing Roll-off containers need a minimum of 132 feet to approach and load the container, and 30 feet of overhead clearance. Roll- off containers are 20 feet in length and 8 feet wide. The weight of a Roll-off container cannot exceed 10 tons when full. • G. Existing Development. . If an existing development does not have an existing trash enclosure, the development may be required to install a trash enclosure that meets the requirements of this Section 7.98.030. Section 4: Section 7.98.090 of the Dublin Municipal Code is hereby amended to read as follows: 7.98.090 Exceptions. Applicants that believe they need a smaller enclosure than required in the City's Enclosure Design Standards, may request an exception from the Public Works Department. The Public Works Director or his or her designee shall have the authority to grant exceptions to the requirements of this Chapter including, but not limited to, the requirement to connect to the sanitary sewer, and the location, design and construction requirements. The Public Works Director or his or her designee shall review the requests for exceptions on a case by case basis. In instances where the Public Works Director or designee waives the requirement to connect to the sanitary sewer, alternative options may be required, including but not limited to the installation of filters in the storm drain inlets. The determination of the Public Works Director may be appealed to the City Manager. Page 7 of 8 4.2.a Packet Pg. 20 Attachment: 1. Ordinance 13-12 (Solid Waste Ordinance Update) Section 5. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or.circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 6. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. . Section 7. Posting.. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 21st day of August, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Acj Mayor ATTE T: Deputy City Clerk Ord No. 13-12, Adopted 8-21-12, Item 4.7 Page 8 of 8 4.2.a Packet Pg. 21 Attachment: 1. Ordinance 13-12 (Solid Waste Ordinance Update) WASTE HANDLING STANDARDS For Commercial Properties and Multi-Family Properties with Shared Service Environmental Services Division 925-833-6630 Available electronically at www.ci.dublin.ca.us/DocumentCenter/View/17026 4.2.b Packet Pg. 22 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 2 Contents 1. Overview and Ke y Terms…..…………………………………………………………….....3 2. General Garbage, Rec ycling, and Composting Requirements................................................4 3. Multifamily Residential with Shared Waste Service Locations ....………………………....6 4. Commercial and Industrial Requirements...............................................................................9 5. Compactor Requirements......................................................................................................11 6. Roll off Box Requirements…….…......……………………………………………………13 7. Trash Enclosure Design Requirements ............................................................................... 14 8. Ongoing Enclosure Operations ………….………………………………………………...23 4.2.b Packet Pg. 23 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 3 1. Overview The Waste Handling Standards document includes: A. Information on design, construction and operational phases of multifamily, commercial, industrial, or government projects B. Waste generation guidelines to help assess the level of garbage, cardboard onl y, mixed rec ycling, and organics service required for each project C. Details on garbage, cardboard onl y, mixed recycling, and organics container sizes D. Instruction on the design, dimensions, placement, construction, and maintenance of waste enclosures Key Terms A. Solid waste- items discarded from a business including garbage, rec ycling, and organic material. Hazardous waste and electronic waste are not included in this definition and must be handled separately. B. Garbage- items such as plastic film, broken furniture, broken dishes, polyst yrene, diapers, pet waste, tattered clothing, and other items that are not acceptable for rec ycling or organics collection. C. Recycling – items such as cardboard, mixed paper (newspapers, magazines, office paper, junk mail, paperboard boxes, etc.), metal cans and foil, plastic and glass containers (bottles, jars and jugs onl y). D. Organics – items such as food (meat, diary, grains, fruits and vegetables), food soiled paper (napkins, paper serve ware, paper towels), plant debris, and wood that is not painted or chemically treated. E. Dumpster- a metal container used to collect solid waste that can hold at least one cubic yard of material. This container type is sometimes also referred to as a bin. They are most commonly used to collect discards from businesses and multifamily complexes. F. Cart- a plastic wheeling container used to collect solid waste. Cart capacit y ranges from a 32 gallon container to a 96 gallon container. Carts are most frequently used for residential collection service but are also appropriate for use at businesses that generate very little waste. 4.2.b Packet Pg. 24 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 4 2. General Garbage, Recycling, and Organics Requirements A. Garbage, rec ycling and organics services are provided by Amador Valle y Industries1 (AVI) on an exclusive franchise basis. B. Weekly garbage removal is required for all commercial and multifamily properties. Businesses ma y self-haul material directl y to a permitted disposal facilit y using their own vehicle at least once ever y seven da ys as an alternative to weekl y collection service. C. Recycling service is required2 for all commercial properties that generate 4 cubic yards or more of trash weekl y and for all multifamil y properties regardless of waste generation quantities. Commercial properties that generate less than 4 cubic yards of trash per week are strongly encouraged to establish a rec ycle program. D. Organics service is required for restaurants, grocery stores or other facilities that generate 4 cubic yards or more of organic waste per week3. In coming years this requirement will expand to all businesses regardless of organics waste generation levels. Adequate space in enclosures to collect all organic waste is required. All food related businesses are strongl y encouraged to establish an organics collection program toda y. AVI’s rec ycle coordinator can help businesses establish a program. E. Disposal of plant debris in the landfill is prohibited by the Alameda County Waste Management Authorit y4 (ACWMA). The material must be composted or delivered to a transfer station and placed with other “clean green material” to be composted. Additional fees ma y be imposed by the ACWMA if plant debris is placed in the trash dumpster. F. Overfilling of trash, rec ycling and organics containers is prohibited. Solid waste ma y not protrude above the top rim of the container and must allow for the lid(s) to close full y. Establishments that consistently have issues with overflowing containers will be required to increase their service level(s) to meet their needs. G. All new construction projects and tenant improvements are required to provide space to 1 http://www.amadorvalleyindustries.com/ 2 State law AB 341 mandates this recycling. For co mplete text visit https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB341 . 3 State law AB 1826 mandates organics diversion. For co mplete text visit http://leginfo.legislature.ca.go v/faces/billNavClient.xhtml?bill_id=201320140AB1826 . 4 Per Alameda County Waste Management Authority Ordinance 2008-01, to view the co mplete ordinance visit http://www.recyclingrulesac.org/docs/Landfill -Ban-WMA-Ordinance2008-01.pdf. 4.2.b Packet Pg. 25 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 5 store garbage, rec ycling, and organics receptacles in an enclosure or inside a building5. This space must be commensurate with the number and size of containers needed and take into account the applicant’s short and long-term disposal and rec ycling needs. H. The Public Works Director, or designee, shall review the design of all enclosures. All enclosures are subject to a site development review permit. I. Per Cit y Municipal Code 7.306, all construction, demolition, and renovation projects within the city, the total costs of which are greater than or equal to $100,000 shall comply with the City’s diversion standards. Code stipulates these projects must recycle at least 65% of the waste for remodels or tenant improvements and 75% of the waste for new construction generated on a job site, excluding asphalt and concrete debris of which one hundred percent (100%) must be rec ycled. All projects less than $100,000 are strongl y encouraged to meet these standards. The City's municipal code 7.30 has specific procedures for complying with these requirements. 5 2016 CALGreen Code 4.410.2 and 5.410.1 https://codes.iccsafe.org/public/document/details/toc/657 6 Dublin Municipal Code 7.30 Waste Management Plan http://www.codepublishing.co m/CA/Dublin/ Additional informatio n and required forms can be found at http://ca-dublin2.civicplus.co m/147/Construction- Demolition 4.2.b Packet Pg. 26 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 3. Multifamily Residential with Centralized Service Locations Apartments/Condos/Flats o Multifamily garbage, recycling, and organics collection is available in carts and bins. Cart collection is available once per week. Bin collection can be more frequent; garbage service is available up to six (6) days per week (Monday through Saturday), cardboard onl y and mixed rec ycling collection is available up to five (5) days per week (Monda y through Friday) and organics collection is available four (4) da ys a week (Monday, Wednesday, Thursday, and Friday). Twice a day pick up is not available. Enclosure design shall maximize container size to limit the number of service days needed. Specific services days and schedules vary according to categor y of service and container type and are subject to change. A. Internal Storage Requirements: i. All residential units need equal amounts of internal storage space to store garbage, rec ycling, and organic materials (e.g. under kitchen sink or in pantry). B. Chutes: i. Chute systems must be pre-approved b y the Environmental Services Division because of the unique space and access design challenges. ii. Applicant must provide two chute s ystems side by side, one for garbage and one for rec ycling. There must be a minimum of 6”5” between the center of the trash chute and the center of the recycling chute and a minimum of 6” between the chute opening and the trash room floor. Chutes are not required or recommended for organics. Extra space inside the chute room is required to accommodate collection of residents’ food scraps using a 32 gallon organics cart or a collection container of the property’s choosing. Organic discards collected in alternate containers will need to be placed in an AVI organics container and moved to an agreed upon location for service. iii. Chute vestibule rooms must 6 Figure 1: Trash and Recycle Chutes 4.2.b Packet Pg. 27 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 7 be distributed to prevent any resident from traveling more than 250 feet to dispose of discards. iv. Chute vestibule rooms must observe requirements of the current California Building Code regarding accessibilit y to solid waste collection receptacles for persons with disabilities (CCR Title 24, Part 2). v. Chute systems must comply with current building codes for 2014 fire sprinkler requirements. C. External Storage Requirements: i. Multifamily residential garbage, mixed rec ycling, and organics receptacles must be stored in an enclosure. ii. Bins are recommended for collecting mixed recycling so that the large quantities of cardboard typicall y generated at multifamil y complexes can be easil y rec ycled b y residents. Cardboard onl y bins in addition to mixed recycle service are often appropriate in a multifamily setting. AVI provides standard front end loader bins for collection service. An y modifications to AVI’s bins, including hitches for towing individual or multiple bins are the responsibility of the propert y owner or manager and must be approved by AVI beforehand. Complexes also have the option of purchasing and using their own customized or standard front end load bins at their own cost as long as the y are compatible with AVI’s standard front end load trucks and fork configurations. iii. Unless other arrangements are made in advance, propert y management is responsible for transporting (b y an agreed upon time) all AVI-serviced bins from indoor trash rooms to a mutually agreed upon staging area accessible to AVI trucks. iv. Trash enclosures must be distributed throughout larger complexes so that no resident will have to travel more than 250 feet to reach an enclosure. v. Trash enclosures must observe requirements of the current California Building Code regarding accessibility to solid waste collection receptacles for persons with disabilities (CCR Title 24, Part 2). D. Estimating Service Needs i. To ensure adequate space for solid waste a safe rule is 50 gallons or ¼ cubic yard of solid waste for ever y three residents. Of that 40% for trash, 40% for rec ycling, and 20% for organic material. This does not include plant debris 4.2.b Packet Pg. 28 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 8 from landscaping, account for additional space if landscaping debris is disposed of on the propert y. i. For example, a 60-unit multifamily complex with average occupanc y of three people per unit would require 15 cubic yards of total capacit y (1/4 CY x 60), which, following the 40-40-20 rule, equates to 6 cubic yards each for trash and rec ycling and 2 cubic yards for organics. ii. Another approach is to estimate the number of occupants by multiplying the number of bedrooms by 2, and allowing 15 to 18 gallons per occupant, then applying the 40% - 40% - 20% proportions cited above. iii. It is good practice to provide 20% to 35% excess capacity for seasonal variation and other surges in volume. iv. Use estimated container needs to calculate space needs for your enclosure(s). v. See Trash Enclosure Design Requirements section (pg15) for cart and dumpster dimensions. 4.2.b Packet Pg. 29 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 9 4. Commercial and Industrial Requirements Individual or centralized shared commercial service locations o Commercial garbage collection is available up to six (6) days per week (Monday through Saturday). Cardboard only and mixed rec ycling collection is available up to five (5) days per week (Monda y through Frida y). Organics collection in carts is available once a week and in bins four (4) days a week (Monda y, Wednesday, Thursda y, and Friday). Twice a da y pick up is not available. Enclosure design should maximize container size to limit the number of service days needed. Specific services da ys and schedules vary according to categor y of service and container type and are subject to change. A. Internal Storage Requirements: i. Design space inside the building for the storage of all materials including racks, crates, boxes, pallets, and other items that require storage space. Storage of any materials outside the building is prohibited. ii. CA Green Building Code Section 5.410.1 – Building Maintenance and Operation: Recycling b y occupants: Provide readil y accessible areas that serve the entire building and are identified for the depositing, storage, and collection of non- hazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics, organic waste, and metals, or meet a lawfull y enacted local rec ycling ordinance, if more restrictive. iii. Design space inside the building for in-store grease containers rather than external communal containers. External grease containers stored in enclosures will be considered onl y as a last resort when in-store storage is not feasible. In-store grease container design must comply with Alameda County Health Department7 requirements for grease storage. B. External Storage Requirements i. Roofed trash enclosures are required for storing external garbage, recycling, organics, and used oil/grease containers when there is not capacity to store them 7 https://www.acgov.org/aceh/food/plancheck.htm 4.2.b Packet Pg. 30 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 10 inside the business. ii. Trash enclosures are to be used onl y for the storage of garbage, rec ycling, organics and used oil/grease receptacles. No ongoing storage or temporar y staging of any materials outside of these designated receptacles is allowed inside the enclosure. Trash enclosures must be large enough to store all appropriately sized collection containers for trash, recycling and organics generated at the site, based on the size and use of the business(es). If a used oil or grease receptacle is located inside the enclosure, the receptacle must be sized and located to not interfere with user or driver access to the trash, recycling, or organics collection containers. All grease receptacles must have a mechanism for secondary containment of spilled oil/grease, per approval from Dublin San Ramon Services District8 and the City of Dublin. iii. Each parcel must have a minimum of one trash enclosure. A commercial and industrial development may require multiple trash enclosures to meet the required capacit y needs. iv. Trash enclosures must comply with regulations from the City of Dublin, the Alameda County Health Department and Dublin San Ramon Services District when applicable. 8 http://www.dsrsd.co m/do-business-with-us/planning-and-permitting 4.2.b Packet Pg. 31 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 11 5. Compactor Requirements General Requirements: A. Compactors must be pre-approved b y the Public Works Director and are subject to site plan and architectural approval. B. Compactors for garbage must be serviced by AVI at a minimum of once per week. Applicant must provide written agreement from AVI to the Public Works Director that the compactor may be serviced. C. Compactors are not recommended for garbage service, except in certain large commercial, industrial, institutional or other large scale applications. Compactors are not recommended for organic collection in an y circumstances. D. Use of a compactor or baler for one type of recyclable material such as cardboard only or paper only is encouraged. E. Compactors may require additional space and electrical connections, as well as separate building permits. F. Compactors are required to be covered with a roof and shall include plumbing to capture possible leaks and spills. G. Requirements for possible compactor approval: i. A backup distance of three times the length of the 35 foot truck is required (minimum 105 feet) to allow adequate space to hook and unhook the compactor from the roll-off truck. This distance must extend straight ahead from the end of the compactor. ii. Minimum of 30 feet in front of compactor must be a flat level surface. iii. Width of access leading up to the compactor must be at least 14 feet to allow room to maneuver and to provide clearance from objects/structures/vehicles on either side of the backup length. iv. Adequate room for backing-up and turning shall be provided on-site and shall not require use of the public right-of-wa y. v. When a compactor is proposed, indicate waste stream for compactor (e.g. trash or cardboard), and provide specs and size of compactor (e.g. stationary, top -load, etc.). vi. A business or residential development using an approved trash compactor must 4.2.b Packet Pg. 32 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 12 still recycle as required by all applicable State and local mandatory rec ycling laws. vii. Recyclable materials must be stored within a trash enclosure or on a shipping, receiving, or loading dock area that is readil y accessible and convenient for building occupants, facility maintenance personnel, and the collection service provider. viii. Site plans must show the location of all compactors and indicate truck routes, including turning templates. ix. Compactors shall comply with trash enclosure standards for location, access, screening, and design requirements. x. Late or unplanned addition of a compactor requires additional approval prior to installation. Additional space and electrical connections, as well as separate building permits ma y be required. H. Dimension requirements: i. Compactors require a minimum overhead clearance of 30 feet for truck servicing. Table 1: Typical Compactor Dimensions Commercial Compactors* Length (feet) Width (feet) Height (feet) 20 cubic yards 14 – 18 8 6 -8 30 cubic yards 20 – 25 8 7 – 8 40 cubic yards 22 - 26 8 7.5 *Compactor box lengths vary b y manufacturer and size; dimensions listed are most common by size. Compactors are not provided b y AVI, though the y must be serviced by AVI. 4.2.b Packet Pg. 33 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 13 6. Roll-off Box Requirements A. General Requirements: i. Roll-off boxes for on-going uses are generall y not permitted and are more appropriate for construction and demolition debris or one-time large clean-ups. ii. Roll-off containers shall be placed directl y behind a building where space is available at a loading dock to allow loading from above. iii. Roll-off containers shall be placed on a level surface, unless roll-away protection is required. Placement of roll-off boxes shall be subject to approval by the Public Works Director. iv. Loading docks shall be equipped with bumper pads of 8-inch-high curbs to avoid undue dock damage from heav y containers. v. A minimum of 132 feet is needed to approach and service the container. vi. All projects shall provide clearance for roll-off vehicles as follows: a. Vertical (approach and exit): 14 feet high b. Vertical (rails raised with bins): 30 feet high c. Lateral: 10 feet wide d. Service Area Length Minimum: 75 feet long Table 2: Typical Roll-Off Box Dimensions Roll-Off Boxes* Length (feet) Width (feet) Height (feet) Footprint (Sq. ft.) Max Tonnage 6 cubic yards 12 8 2 96 3 15 cubic yards 12 8 5 96 3 20 cubic yards 16 8 5 128 4 30 cubic yards 22 8 5 176 6 40 cubic yards 22 8 7.5 176 6 *Dimensions above based on roll-off boxes provided by AVI Figure 2: Roll-Off Servicing 4.2.b Packet Pg. 34 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 14 7. Trash Enclosure Design Requirements All solid waste enclosures must be enclosed on four sides and meet the requirements below. Roof Clearance Lighting Gates Materials and Design Pedestrian Access A. Location Truck Access Apron Landscapi i. Must be readil y accessible to AVI. ii. Trash enclosures shall not be located: a. Along an y frontage streets or roadwa ys or in an y location so as to cause a nuisance. b. In front of fire h ydrants or within 5 feet of a combustible building wall, opening, or combustible roof eave line. c. Behind parking spaces. d. Adjacent to a storm drain in which grading will result in drainage of stormwater into the storm drain. See Stormwater requirements below. e. Trash enclosures must be located on the propert y so a residential tenant will not have to travel more than 250 feet to reach a trash enclosure B. Access / Clearance iii. Trash enclosures for garbage, rec yclables, and organics at multifamil y and condominium housing shall observe the requirements of the California Building Code and the requirements of CCR Title 24, regarding accessibilit y to garbage, rec ycling, and organics collection receptacles for persons with disabilities (CCR Title 24, Part 2). 4.2.b Packet Pg. 35 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 15 iv. A pedestrian entrance shall be provided for all enclosures. All pedestrian doors shall open outward to avoid interfering with placement of and access to containers. v. An accessible path of travel shall be provided from the main building to the pedestrian entrance door described above. vi. Bins/enclosures are required to have reasonable access for collection trucks during normal collection days and hours, and shall provide direct access whenever possible. Direct access means the collection truck can drive straight up to the front of the enclosure for servicing. If a good location cannot be identified that provides direct access, a well located enclosure that provides side access to the bins is acceptable. Provide a driveway that is a minimum straight approach of 50 feet from the enclosure on asphalt or concrete built to withstand up to 62,000 pounds Gross Vehicle Weight(GVW). The drivewa y shall be built in accordance with City standard plans and specifications. vii. Provide a turnaround with a minimum radius of 45 feet or separate exit that allows the truck to move forward rather than backwards. Maximum back-up distance is 50 feet and shall be in a straight line and not on to a major street or thoroughfare. Figure 3: Front End Load Truck Turning Di mensions C. Dimensions i. Standard enclosures shall have a minimum inside usable floor and wall dimensions of 18 feet wide b y 10 feet deep. In some instances, enclosures will need to be larger to accommodate the appropriate makeup, number, and size of bins to match each propert y’s discards. If multiple enclosures are needed, adequate space for each waste stream within each enclosure is required. ii. Enclosures used by food-related facilities must provide adequate space for a used oil/grease bin if a grease collection receptacle cannot be stored in-store. If stored in the enclosure, used oil/grease receptacles must be placed in such a manner so as to not interfere with the collector’s abilit y to service the dumpsters, either b y blocking 4.2.b Packet Pg. 36 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 16 access or as a result of leaking oil that creates a slip hazard. iii. A minimum of 12- inches between the wall and each container and 18- inches between two containers is needed to accommodate container removal for servicing. A minimum 36- inch wide pathwa y is required along the front (loading side) of all bins and from the pedestrian entrance to the bins to insure ease of use. iv. Adequate protective buffers (minimum 6 inches concrete curbs, bollards, or wood/rubber wall bumpers) are required around all interior walls, including partial walls on the gated side to prevent damage to the enclosure, electrical fixtures, and plumbing fixtures during servicing. Curb stops placed away from the wall shall not be installed without City approval. Please note the side fork pockets of front end load bins extend 5 inches or more past the side body of the bin. A 6 inch curb will protect the wall but not any fixtures extending out from the wall. v. The required interior dimensions shall not include space required for protective curbs or bumpers and shall allow for pairing of trash, recycling, and organics containers in the same enclosure. All bins must be configured inside the enclosure so as to ensure full access to the entire front area of the bins. vi. All enclosures walls shall be at least 6 feet tall. When the open space between the top of the wall and the base of the roof is 2 feet or greater, a screen or other appropriate barrier shall be affixed to prevent illegal dumpin g. vii. All enclosures that are not located inside a building shall have roofs to prevent contaminants from washing out of enclosures. The lowest part of the ceiling or an y fixtures/rollup doors cannot be lower than 10.5 feet high so that the y are high enough to allow for the full opening of bin lids. The roof shall extend past any open sides but shall not overhang the front gate so as not to interfere with the provision of service. viii. See Section 6, Compactor Requirements, for compactor dimensions. ix. See Table 1 for wheeled cart dimensions and Table 4 below for front end load bin dimensions. Table 3: Wheeled Cart Di me nsions Wheeled Carts Depth Width Height Height w/ Lid Open Footprint (Sq. ft.) 32 gallons 24.25” 19.25” 38.50” 5’ 3 64 gallons 30.00” 27.50” 41.75” 5.5’ 5 96 gallons 34.50” 29.25” 43.50” 6.5’ 7.5 4.2.b Packet Pg. 37 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 17 Table 4: Front End Load/Bin Dimensions* Front End/Bin Loader Width Depth Height Height w/ Lid Open Footprint (Sq. ft.) 1 cubic yard (200 gallons) 81” 30” 36” 5.5’ 17 2 cubic yards 81” 41” 52” 8’ 23 3 cubic yards 81” 47.5” 60” 8.5’ 27 4 cubic yards 81” 56” 66” 10.5’ 32 6 cubic yards (no wheels) 81” 70” 72” 11’ 40 7 cubic yards (no wheels) 81” 73” 77” 11.5’ 43 *1-4 cubic yard bins have wheels and can be maneuvered for service. 6 and 7 yard bins require direct access b y the truck for service as they have no wheels. Figure 4: 3 Yard Bin on Wheels Figure 5: 6 Yard Bin without Wheels Figure 6: Carts D. Stormwater Side Fork Pocket i. Stormwater is prohibited from entering the enclosure. See Roof requirements. ii. Grading around the trash enclosure shall be designed to drain stormwater away from the enclosure. iii. The enclosure pad shall be designed to prevent run-on from outside the trash enclosure from entering the enclosure and liquids from inside the trash enclosure leaving the enclosure. iv. The enclosure shall be built to contain litter and garbage and prevent scattering b y wind or stormwater runoff. v. Enclosures for food service establishments shall include a hose bib and a drain connected to the sanitary sewer. The applicant must contact the Dublin San Ramon Services District (DSRSD) and the Alameda County Environmental Health Department for specifications and requirements. Sanitary sewer connections and inclusion of a grease or sand/oil interceptor shall be in accordance with DSRSD standard specifications. vii. In accordance with DSRSD discharge regulations, solid waste and rec ycling enclosures 4.2.b Packet Pg. 38 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 18 servicing industrial businesses are prohibited from draining into the sanitary sewer system and shall be directly taken to the appropriate waste facilit y. Figure 7: Hot/Cold Hose Bib Figure 8: Sanitary connection with sump Water Heater Drain with sanitary connections and two compartment sump. Hose E. Apron i. The apron surface shall be the same elevation as the enclosure pad threshold and the surrounding surfaces, with a minimum slope of 1/8 inch (1% grade) per foot away from the enclosure pad to drain run off or storm water away from the enclosure. The maximum slope shall be 2%. ii. The apron shall extend 10 feet from the enclosure pad and be the width of the enclosure opening. iii. The apron shall be designed to withstand up to 20,000 pounds of direct force from a single truck axle. A sufficient strength of concrete shall be used to prevent chipping. iv. Do not place a lip/berm at the entrance that would impede container placement and removal. F. Pad Interior i. The enclosure pad shall be engineered to withstand up to 20,000 pounds of direct force from a single truck axle for an y portion of the pad that is subject to vehicle traffic. ii. The enclosure pad surface shall be the same elevation as the apron threshold. iii. On the open side of the enclosure, a grade break line shall be constructed at the inside edge of wall with the slab sloping inwards toward the center of the enclosure with a slope of 1-1.5%. iv. If there is a sanitar y sewer drain inside the enclosure, the pad shall slope draining toward the interior drain in the enclosure with a slope of 1-1.5%. Drain shall be flush with enclosure pad to prevent catching of bin wheels on drain. 4.2.b Packet Pg. 39 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 19 Figure 9: Pad Interior Drainage to Sanitar y Sewer Figure 10: Pad Interior Drainage to Sanitary Sewer (plan view) (section view) Sanitary Sewer Sanitary sewer Drainage Flow G. Gates i. Double gates are required for all enclosures. The maximum length for each gate is 12 feet. A single set of gates must be used for gate openings 24 feet and under, unless otherwise approved by the City. ii. Gates shall be free hanging with no center pole. The gates/doors shall be designed to ensure access and removal of each bin from the enclosure without having to move another bin. iii. Gates shall be solid metal painted to incorporate the overall design theme of the development with outside handles on each door and a slide latch to secure the doors. The containers should not be visible through the gates. iv. The gated opening for a standard 18-foot-wide enclosure shall be a minimum of 12 feet wide, depending on enclosure la yout and dimensions, with required opening width at the discretion of the City. Gate posts shall be placed outside this span. Center walls are not allowed, except for ver y wide enclosures where double sets of gates alone are insufficient. Bolts shall be used to secure the gate to the poles or walls. v. The gate doors must be constructed with a mechanism that will provide a means of securing the gate doors in both an opened and closed position. vi. All gates must be lockable using a standard padlock. H. Roof i. Roofs are required for all enclosures. ii. The roof shall extend past any open side of the enclosure, except the front gates to allow access to the bins by garbage trucks. 4.2.b Packet Pg. 40 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 20 iii. The lowest part of the ceiling/light fixtures/rollup doors cannot be lower than 10.5 feet high to allow for complete opening of a 4-cubic yard container lid. iv. All metal roofs, including galvanized roofs, must be coated with rust-inhibitive paint. v. Roofs shall be sloped to drain to available landscaping. Landscaping shall be designed with adequate energy dissipation (e.g. splash blocks, cobbles, etc.) to prevent erosion from roof runoff. If landscaping is not available, the roof may be sloped to drain away, avoiding run-on into the enclosure. I. Materials i. The design of the enclosure shall incorporate the same materials and architectural interest used in the design of the primar y building for a coordinated look and feel to the development. ii. Enclosures constructed from chain link fencing with wooden/plastic slats enclosures or wooden enclosures are prohibited. iii. A graffiti resistant coating is required on the exterior walls of the enclosure. iv. Roofs shall be painted with rust-inhibitive paint. Figure 11: Enclosure Designed with Unacceptable M aterial J. Fire Code i. Waste receptacles exceeding 1.5 cubic yard capacit y shall not be stored in buildings or placed within 5 feet of combustible walls, openings, or combustible roof eave lines. ii. A trash enclosure is considered a building structure, and must follow these Automatic Fire Extinguishing S ystem (AFES) requirements: a. All enclosures are required to be made of CMU, Type I or T ype II fire resistive construction. b. Enclosure less than 500 square feet: 1. Do not require an AFES. 2. Shall be located at least 10 feet from other buildings or building openings. 4.2.b Packet Pg. 41 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 21 a. Enclosure between 500 and 1,500 square feet shall: 1. Have a fire alarm s ystem. 2. Be located at least 5 feet away from the property line and 10 feet from an y building. K. Landscaping i. When the enclosure is visible from roadways or other public spaces, an irrigated 5-foot wide landscape strip running the length of the three non-gated enclosure walls shall be provided to allow for vines or large shrubs to shield the walls and discourage graffiti. L. Li ghting i. The area around and inside the enclosure must be lit with a minimum of 1.0 foot candle. ii. A motion sensor is required. Optional Design Considerations A. Signage i. All new enclosures should be equipped with effective signage guiding users how to properl y sort discards between the trash, cardboard only, rec ycling, and organics container. ii. Signage should be placed in locations easily viewable by patrons. iii. Signage can be obtained through AVI for free. Figure 12: Sample Enclosure Signage Enclosure Plans Submitted to the City Must Show the Following: A. Site Plan i. Proposed enclosure location and orientation relative to access and egress streets, driveways and drive aisles. 4.2.b Packet Pg. 42 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 22 ii. Proposed truck entr y and exit points and proposed routes for servicing garbage and rec ycling to and from public streets and within the site. Site plan must show all public streets immediately surrounding the project site. a. Widths of streets, entrances, drive aisles and driveways for service truck access. b. Dimensions and slope(s) of reinforced concrete staging area outside enclosure gate. B. Enclosure Drawings i. Description of materials used for enclosure construction. ii. Provide detailed drawings of enclosure interior la yout showing: i. Sanitary sewer drain location. ii. Slope(s) of enclosure pad. iii. Interior la yout and dimensions of enclosure including all curb stops, wall bumpers and bollards. iv. Interior enclosure pad dimensions, including length of each interior wall. v. Location and width of pedestrian door entrance. vi. Location of all plumbing and electrical fixtures. A. Size and la yout of all trash, rec ycling, organics and grease containers showing distances between containers and distances between the containers and walls/openings (e.g. pedestrian entrance, gatewa ys, etc.). B. Location of the enclosure gate and its operational dimensions when fully closed and full y opened. NOTE: If a roll up door is to be used instead of a gate, the distance between the enclosure floor and the lowest point of the door and tracks when in the full y rolled up position must be shown. C. Estimated waste generation Provide anticipated weekly collection service needs in cubic yards for garbage, recycling, and organics. There are 200 gallons in one cubic yard. i. Yards of weekl y garbage. This includes items such as plastic film, broken furniture, broken dishes, polyst yrene, diapers, pet waste, and clothing, along with other items that are not acceptable for rec ycling or organics collection. ii. Yards of weekl y rec ycling. This includes items such as cardboard, paper, metal cans and foil, plastic and glass containers. iii. Yards of weekly organics. This includes items such as food scraps, food soiled paper, and plant debris. 4.2.b Packet Pg. 43 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 23 9. Ongoing Enclosure Operations A. Garbage, rec ycling and organics services are provided exclusively b y Amador Valley Industries. B. CA Green Building Code Section 5.410.1 – Building Maintenance and Operation: Recycling b y occupants: Provide readil y accessible areas that serve the entire building and are identified for the depositing, storage, and collection of nonhazardous materials for rec ycling, including (at a minimum) paper, corrugated cardboard, glass, plastics and metals, or meet a lawfully enacted local rec ycling ordinance, if more restrictive. C. Maintenance and cleaning of the trash enclosure is the day-to-da y responsibility of the occupant or owner of the premises. D. Trash enclosures are required to be maintained in good working condition and in the condition that they were approved. Gates must open and close properl y. The enclosure floor must remain free of debris and any other substances (e.g. spilled food, used cooking oil or other liquids) that can attract rodents or other scavengers, create slipping hazards for those using or servicing the receptacles, and possibly become a source of illegal storm water pollution. When a spill or other mess occurs that interferes with use or servicing of the containers, the occupant or owner of the premises must clean up the mess in a timel y manner (e.g. within 48hrs), including power washing the enclosure floor when necessar y. All wash water must be contained such that it does not enter the storm drain system. E. The enclosure is only for storage of solid waste, recycling, cardboard, organics and used oil/grease receptacles. Storage of hazardous waste any other items inside the enclosure, either temporaril y or permanently, is prohibited. F. All receptacles are required to remain or be returned to and stored inside the trash enclosure. The storage of anything outside the trash enclosure is prohibited. G. All solid waste and used cooking oil must alwa ys be contained within the appropriate water-tight, covered external container including secondary containment. A supply of spill response materials designed to absorb oil and grease shall be kept near the container. H. Overfilling trash, recycling and/or organics containers is prohibited. Solid waste may not protrude above the top rim of the container and must allow for the lid(s) to close full y. Establishments that consistently have issues with overflowing containers will be required to increase their service level(s) to meet their needs and local storm water 4.2.b Packet Pg. 44 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 24 pollution regulations. I. Landscaping and plant debris should be separated for composting, not thrown in the garbage (this is mandatory for sites that generate 4 cubic yards or more of trash per week). If no food waste/organics bin or cart is available on site, the landscaper must take the plant debris to a facility for composting. J. Washing out the trash enclosure to a storm drain system is prohibited. Wash water must be collected and discharged to the sanitar y sewer only. K. Compactors containing putrescible municipal solid waste must be serviced at least once per week. If compactors are found leaking, alternative service may be required to prevent ongoing storm water violations. L. Use of equipment to compact or bale cardboard, office paper, plastic shrink wrap and other rec yclable materials is encouraged. Sharing balers for rec ycling material among tenants within an office, commercial or retail center is also encouraged. M. Weight of a roll-off container cannot exceed 10 tons when full (legal street limit). Customers may incur overweight charges when the container exceeds 5 tons. N. If gates with locks limit access to the enclosure or to the propert y gate codes must be provided to AVI. If a customer uses their own lock on an enclosure or gate it must be unlocked by 3 am for commercial customers and 6 am for residential customers. Alternativel y, customers can request a lock from AVI for a monthl y fee. All gates shall be maintained in good working order and should remain closed except when in use. O. Push / Pull Services: AVI will onl y push out a commercial front -load bin under the following circumstances: i. max distance 100- feet, one way ii. slope 0-3% iii. smooth path of travel required iv. additional fees appl y 4.2.b Packet Pg. 45 Attachment: 2. Waste Handling Standards for Commercial and Multi-Family Properties (Solid Waste Ordinance Update) 1 WASTE ENCLOSURE REQUIREMENTS CHECKLIST This handout summarizes requirements for a waste enclosure submittal as part of overall plan review. For design specifications, refer to Dublin’s Waste Handling Standards available electronically at http://dublin.ca.gov/DocumentCenter/View/17026/Waste-Handling-Standards?bidId and Dublin’s Municipal Code 7.98. Project Name: Project Address: Applicant E-mail: Phone Number: Estimated waste generation: All projects must submit anticipated weekly discard generation levels in cubic yards for garbage, recycling, and organics. There are 200 gallons in one cubic yard.  _____ cubic yards of weekly garbage. This includes items such as flimsy plastic, broken furniture, broken dishes, polystyrene, diapers, pet waste, and clothing, along with other items that are not acceptable for recycling or organics collection.  _____ cubic yards of weekly recycling. This includes items such as cardboard, paper, metal cans and foil, plastic and glass containers.  _____ cubic yards of weekly organics. This includes items such as food scraps, food soiled paper, and plant debris. Applicable Projects: Per Dublin Municipal Code 7.98, new or upgraded enclosures are required for the three project types listed below. The City reserves the right to require the same for any project not listed below that has the potential to discharge pollution to the storm sewer system. For a tenant improvement, the property owner or applicant shall be responsible for making improvements only to the solid waste and recycling enclosure used by the tenant:  New commercial development project.  New multifamily development project with five (5) units or more that will utilize shared waste and recycling enclosures.  Commercial development projects that trigger a planning entitlement (such as a site development review or conditional use permit) and consist of uses including but not limited to grocery stores, restaurants, markets, auto repair/use and daycare facilities that generate food waste, grease, or packaging material in addition to other uses that have the potential to pollute stormwater.  None of the three scenarios above describe my project. I am exempt from this requirement. 4.2.c Packet Pg. 46 Attachment: 3. Waste Enclosure Requirements Checklist (Solid Waste Ordinance Update) 2 Submittal Requirements: All applicants required to construct a new or upgraded enclosure shall submit a site plan and scaled drawing (1:20) of the proposed enclosure(s) and include the information outlined in items 1-3. The site plan and scaled drawing shall also be emailed to es@dublin.ca.gov. 1. Site Plan  Proposed enclosure location and orientation relative to access and egress streets, driveways and drive aisles.  Proposed truck entry and exit points and proposed routes for servicing garbage and recycling to and from public streets and within the site. Site plan must show all public streets immediately surrounding the project site.  Widths of streets, entrances, drive aisles and driveways for service truck access.  Dimensions and slope(s) of reinforced concrete staging area outside enclosure gate. 2. Enclosure Drawings  Description of materials used for enclosure construction per City of Dublin’s Waste Handling Standards. Provide detailed drawings of enclosure interior layout showing:  Sanitary sewer drain location, as applicable per City of Dublin’s Waste Handling Standards.  Slope(s) of enclosure pad.  Interior layout and dimensions of enclosure including all curb stops, wall bumpers and bollards.  Interior enclosure pad dimensions, including length of each interior wall.  Location and width of pedestrian door entrance.  Location of all plumbing and electrical fixtures.  Size and layout of all trash, recycling, organics and grease containers showing distances between containers and distances between the containers and walls/openings (e.g. pedestrian entrance, gateways, etc.).  Location of the enclosure gate and its operational dimensions when fully closed and fully opened. NOTE: If a roll up door is to be used instead of a gate, the distance between the enclosure floor and the lowest point of the door and tracks when in the fully rolled up position must be shown. By signing below, I hereby certify that I have reviewed the waste enclosure submittal requirements an d will follow all guidelines if applicable to my project. __________________________________ _______________________________ Signature Date __________________________________ Print Name 4.2.c Packet Pg. 47 Attachment: 3. Waste Enclosure Requirements Checklist (Solid Waste Ordinance Update) ORDINANCE NO. __ - 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* REPLACING SECTION 7.98 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE SOLID WASTE AND RECYCLING ENCLOSURE STANDARDS The City Council of the City of Dublin does hereby ordain as follows: Section 1: Compliance with California Environmental Quality Act ("CEQA"): This Ordinance is exempt from CEQA per CEQA Guidelines Section 15061( b)( 3). Section 15061( b)( 3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2: Section 7.98 of the Dublin Municipal Code is hereby deleted in its entirety and replaced with the following: Chapter 7.98 SOLID WASTE AND RECYCLING ENCLOSURE STANDARDS 7.98.010 Applicability. A. The requirements of this chapter shall apply to all bu ildings or development permits for: 1. New commercial development projects. 2. New multifamily development projects with five (5) units or more that will utilize shared waste and recycling enclosures. 3. Commercial development projects that trigger a planning entit lement (such as a site development review or conditional use permit) and consist of uses including but not limited to grocery stores, restaurants, markets, auto repair/use and daycares that generate food waste, grease and/or vehicle fluids, and packaging m aterial in addition to uses that have the potential to pollute stormwater as determined by the Director of Public Works. 4.2.d Packet Pg. 48 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling 4. Any other project, including but not limited to tenant improvements, where the Public Works Department concludes that the use has the p otential to discharge pollution into the city’s storm sewer system. When this chapter applies to a tenant improvement, the property owner or applicant shall be responsible for making improvements only to the waste enclosure used by the tenant. 7.98.020 Definitions. The terms used in this chapter have the meanings set forth below: “Collection” means the removal and transportation of solid waste, recycling and organics by the collector from the place of delivery to a disposal facility approved under the collector’s agreement with the city or by a nonexclusive franchise agreement. “Collector” means that person or business having an exclusive franchise agreement with the city granting to him/her or it the exclusive privilege of collecting or causing to be collected or transported for a fee any solid waste within the city or any portion thereof. “Commercial development” means construction of buildings consisting of retail, professional, wholesale, or industrial facilities. “Compactor” means any roll-off container or bin which has a compaction mechanism, whether stationary or mobile. “Discharge” means (A) any addition of any pollutant that has potential to enter navigable waters from any point source or (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft. “Food service establishments” include restaurants, markets, bakeries, grocery stores and all other establishments that prepare and/or serve fresh food on the premises . “National Pollutant Discharge Elimination System (NPDES)” means a national program under Section 402 of the Clean Water Act for regulation of discharges of pollutants from 4.2.d Packet Pg. 49 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling point sources to waters of the United States. Discharges are illegal unless author ized by a NPDES permit. “Organics” means all types of plant debris including grass and weed clippings, shrub and tree pruning, branches (less than four (4) feet in length and four (4) inches in diameter), leaves, plants, flowers, food scraps and food-soiled paper products. “Owner” means the owner or owners of real property having fee title to the property as identified in the most recent equalized assessment roll of the Alameda County Assessor. “Park” means and includes all grounds, trails, buildings, improvements and areas dedicated for use by property residents and their guests for park, recreation or open space purposes, and any part, portion or area thereof, whether developed or undeveloped or over which the property owner has acquired right of use for s uch purposes. “Pollutant” means dredged soil, solid waste, incinerator residue, sewage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal and agricultural waste discharge into water. “Public Works Director” means the City of Dublin Public Works Director or his or her designee. “Recycling” consists of any clean, dry paper, plastic and glass (bottles, jars and jugs only), and metal cans (tin and aluminum) placed in a single container. Cardboard is accepted in recycling bins and carts; however, cardboard only dumpsters are also available. Cardboard only dumpsters can be a logistically preferable option to maximize space within containers as a cardboard box can often fill an entire recycling cart. “Roll-off container” means a metal container that is normally loaded onto a motor vehicle and transported to an appropriate facility. “Solid waste” means all putrescible and non-putrescible solid waste (garbage), including paper, ashes, industrial or commercial wastes, demolition and construction wastes, discarded home and industrial appliances, animal solid and semi -solid wastes other than fecal matter, vegetable wastes, and other discarded solid and semi-solid wastes, but 4.2.d Packet Pg. 50 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling does not include hazardous waste, as herein defined, sewage, or abandoned automobiles. “Stormwater” means rainwater runoff, snow melt runoff, surface runoff and drainage. “Tenant” means any person or persons other than the owner occu pying or in possession of the residence or commercial space. “Waste Enclosure” means a structure intended to serve collection and storage needs for solid waste, recycling, and organics waste. “Waste Handling Standards for Commercial Properties and Multi -Family Properties with Shared Service” means the document maintained by the Public Works Director describing waste enclosure design, construction and operational standards. 7.98.030 General construction and design standards. The location, design and construction of enclosures for the set out and collection of garbage, recycling, organics or other discarded materials shall conform to all applicable regulations set out in this Ordinance and to all other provisions of the Dublin Municipal Code. A development may be required to have multiple waste enclosures to meet the required amount of capacity. The Public Works Director shall review the design of all enclosures. All enclosures are subject to a site development review permit. All commercial uses within the city shall at a minimum provide adequate space for separate garbage bins, recycling bins, and organics bins. If a food establishment will generate grease, fat or tallow, adequate space for those containers is also required if the grease, fat or tallow containers are not designed and established inside the commercial building. The types and size of bins shall be based on the volume of tonnage generated by the planned commercial activity, as estimated by the Public Works Director and applicant as reported in the required Waste Enclosure Requirements Checklist, and with the aim of reducing, as much as possible, the number of service trips per week by the collector. 4.2.d Packet Pg. 51 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling Enclosure Element Requirements Location Shall not be located along frontage roadways, in front of fire hydrants, behind parking spaces, or within 5’ of combustible building wall, opening, or combustible roof eave line User Access • Multifamily properties shall observe California Building Code and CCR Title 24 part 2 requirements regarding accessibility for persons with disabilities • Shall provide pedestrian entrance with outward opening door • An accessible path of travel shall be provided from the main building to the pedestrian entrance door Service Provider Access • Enclosure shall be directly accessible to service provider during normal collection days and hours • Provide a turnaround or separate exit that allows the truck to move forward rather than backwards • Minimum turnaround radius must be 45’ Standard Enclosure Floor Minimum 18’x10’ plus 6” protective buffers Dumpster Spacing • Minimum 1’ between the wall and container • Minimum 1’6” between two containers • Minimum 3’ wide pathway along the front side of the enclosure Protective Buffer on Interior Enclosure Walls Minimum 6” concrete curbs, bollards, or wall bumpers. 4.2.d Packet Pg. 52 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling Enclosure Wall Height Minimum 6’ Opening Between Wall and Ceiling or Screen Maximum 2’ Ceiling Height Minimum 10’6” Height Clearance for Enclosure Approach Minimum 18’ Height Clearance at Service Location Minimum 32’ Driveway Access Minimum 50’ direct access Driveway Weight Handling Requirements 62,000 lbs Apron Elevation • Apron surface shall be the same elevation as the enclosure pad threshold and the surrounding surfaces • Minimum slope of 1% grade per foot away from the enclosure pad and maximum of 2% Apron Length 10’ Apron Weight Handling Requirements 20,000 lbs. of direct force Pad Interior Elevation • Pad surface elevation shall equal that of the apron threshold • A slope of 1-1.5% toward the center of the enclosure. • Sanitary sewer drain shall be flush with the enclosure pad (when applicable) 4.2.d Packet Pg. 53 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling Enclosure Pad Weight Handling Requirements 20,000 lbs. of direct force Enclosure Gates • Double gates with a maximum length of 12’ each • Single set of gates required for openings of 24’ and under • Free hanging gates with no center poll • Shall have a mechanism to secure doors in b oth an open and closed position • Shall be lockable using a standard padlock Enclosure Opening Minimum of 12’ Roof • Roofs with a minimum height of 10’6” are required • Shall extend past any open side of enclosure except the front gates and be angled to drain into landscaping Material • Design of enclosure shall incorporate the same materials and style as the primary building • Graffiti resistant coating shall be used on exterior walls • Roofs shall be painted with rust-inhibitive paint Lighting Minimum 1’ candle with motion sensor in area around and inside the enclosure Landscaping 5’ landscape strip on the 3 non-gated walls if visible from roadways or other public spaces Service Level Minimum for Multifamily Properties with Minimum of 50 gallons of service shall be provided for every 3 residents. Of that provide space for 40% as 4.2.d Packet Pg. 54 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling Shared Service trash, 40% as recycling, and 20% as organics (excluding any plant debris from facility maintenance). Provide adequate enclosure space to store estimated solid waste generation. Estimated occupancy shall be based on the number of bedrooms with an assumed 2 people per bedroom Chutes for Multifamily Properties • If chutes are used, a garbage and recycling chute must be provided with space in the chute room to collect and store organic waste • Minimum of 6’ between chute opening and trash room floor • Minimum of 6’5” between the center of the trash chute and the center of the recycling chute 7.98.040 Food Service Establishments Requirements Waste enclosures for Food Service Establishments shall include a hose bib and a drain connected to the sanitary sewer. The applicant shall contact the Dublin San Ramon Services District and the Alameda County Environmental Health Department for specifications and requirements. 7.98.050 Existing Development If an existing development does not have an existing trash enclosure, the development may, at the discretion of the Public Works Director, be required t o install a trash enclosure that meets the requirements of this Chapter. 7.98.060 Multifamily Requirements A. Multifamily complex enclosures in the City of Dublin are required to contain space for separate collection of garbage, recycling and organics. B. Waste enclosures for collection of garbage, recycling and organics at multifamily apartment and condominium housing shall observe the requirements of the California Building Code and the requirements of CCR Title 24, regarding accessibility to solid 4.2.d Packet Pg. 55 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling waste and recycling collection containers for persons with disabilities (CCR Title 24, Part 2). 7.98.070 Compactors. A. Compactors are generally not permitted unless preapproved by the Public Works Director. Inclusion of a compactor shall not supplant the requirement s as per the Section 7.98.030 of this Chapter that a site provide adequate enclosure space for recycling and organics collection. B. Compactors may require additional space and electrical connections, as well as separate building permits. C. Compactors are required to be covered and shall include plumbing directed to the sanitary sewer system to capture possible leaks and spills. The applicant shall contact the Dublin San Ramon Services District for connection and discharge requirements. D. Adequate room for servicing and backing up and turning shall be provided on site and shall not require use of the public right-of-way. 7.98.080 Roll-off boxes A. Roll-off boxes are permitted only for temporary use, unless approved by the Public Works Director. B. Placement of roll-off boxes shall be subject to approval by the Public Works Director. 7.98.090 Permits All necessary permits shall be obtained prior to the construction of any enclosures within the city of Dublin. 7.98.100 Exceptions The Public Works Director or his or her designee shall have the authority to grant exceptions to the requirements of this chapter. The Public Works Director shall review the requests for exceptions on a case-by-case basis. The determination of the Public Works Director may be appealed to the City Manager as set forth in Section 1.04.050 of the Dublin Municipal Code. 4.2.d Packet Pg. 56 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling 7.98.110 Stormwater Pollution Prevention A. All properties shall comply with the federal Clean Water Ac t and provisions of Chapter 7.74 B. Waste enclosures within the city that are subject to the standards in this chapter shall have a roof to comply with the city of Dublin’s National Pollution Discharge Elimination System (NPDES) Stormwater Permit. C. Ongoing Waste Enclosure Use and Maintenance. At a minimum, the following best management practices shall be adhered to: 1. The enclosure shall only be used for storage of garbage, recycling, cardboard, organics and used cooking oil/grease containers. Storage of hazardous waste or any other items inside the enclosure is strictly prohibited. 2. Storage of garbage, recycling, cardboard only, or organics containers outside of the enclosure is strictly prohibited. All containers shall be stored inside of the enclosure. Exceptions to this requirement may be approved by the Director of Public Works due to lack of enclosure or lack of enclosure space. 3. All solid waste and used cooking oil/grease shall always be contained within appropriate water-tight, covered containers including secondary containment. A supply of spill response materials designed to absorb leaking fluids and/or cooking oil/grease spills shall be kept near the enclosure. 4. Overfilling garbage, recycling and/or organics containers is prohibited. Solid waste shall not protrude above the top rim of the container and shall allow for the lid(s) to close fully. Establishments that have more than three instances of overflowing containers within 6 months will be required to increase their service level(s). 5. Solid Waste enclosures shall be maintained in good working condition and in the condition that they were approved. Maintenance and cleaning of the solid waste enclosure is the day-to-day responsibility of the occupant or owner of the premises. 6. Washing out the solid waste enclosure to the storm drain system is prohibited. Wash water shall be collected and discharged to the sanitary 4.2.d Packet Pg. 57 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling sewer only and is subject to Dublin San Ramon Services District discharge requirements. 7.98.120 Public Litter Containers for Commercial and Multi-Family Properties A. It shall be the responsibility of the property owner to i nstall, maintain, and empty the public litter containers for all new developments. 1. Location of Public Litter Containers: a. Install public litter containers within 10 feet of any food-generating or -selling store planned for the property. b. Include containers along internal, on-site walkways at intervals of 300- 350 feet. c. Locate containers at entrance and exit of property. 2. Properties That Involve Outdoor Eating Area a. Include 3-compartment discard waste cans that are central and visible to the eating area b. Label the 3-compartment discard waste cans with clear signage describing organics, recycling and garbage. 3. Design of Public Litter Containers: a. When selecting public litter containers, they should be considered as a design element, and the design should reflect ae sthetic as well as functional concerns. b. Public litter containers should be selected from the same or a similar design family as other site furnishings (such as benches, bollards, bike racks, etc.) and should be finished or painted to complement other site furnishings. c. Public litter container construction should use durable, high quality materials, such as galvanized or stainless steel. d. Materials should be painted to reflect colors similar to nearby elements. Material and paint selection should be graffiti resistant. e. Public litter containers should include recycling containers and should be able to open from the side to allow easy access for removal of waste. 4. Maintenance of Public Litter Containers 4.2.d Packet Pg. 58 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling a. It is the responsibility of the property manager or owner to empty the contents of the public litter containers at least once a week or more frequently as use dictates to prevent overflow of any litter containers b. Public Litter Containers should be kept clean and free of graffiti. 5. The Public Works Director, at his or her discretion, may also require installation of public litter containers that comply with this Section 7.98.120, for any multi-family or commercial property having repeated litter issues. Such issues may include but are limited to overflowing garbage and/organics containers, litter on the ground in common areas, or other litter-related incidences causing a disturbance to the health, comfort or welfare of the community. 7.98.130 Pet Waste Containers A. It shall be the responsibility of the property owner to install, maintain, and empty pet waste bag and disposal stations within newly constructed or renovated parks that are privately owned or managed. Owners shall ensure that the frequency and location of the stations adequately address the unique needs of th e property. B. The Public Works Director, at his or her discretion, may also require installation of pet waste bag and disposal stations on any property having repeated pet waste issues. Such issues may include but are limited to overflowing pet waste containers, pet waste on the ground in high foot traffic areas, or other pet waste - related incidences causing a disturbance to the health, comfort or welfare of the community. Section 3. Severability. The provisions of this Ordinance are severable and if any p rovision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. 4.2.d Packet Pg. 59 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this ________ day of _________________. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 3057529.1 4.2.d Packet Pg. 60 Attachment: 4. Ordinance of the City of Dublin Amending Chapter 7.98 of the Dublin Municipal Code Relating to the Solid Waste and Recycling Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Authorizing Staff to Procure Computer Supplies through CDW Government, LLC (CDW-G) Prepared by: Tim Eisler, Information Systems Manager EXECUTIVE SUMMARY: The City Council will consider the use of CDW Government, LLC (CDW -G) as a City’s primary vendors for computer related software and supplies for the Cit y’s daily business operations. STAFF RECOMMENDATION: Authorize the City Manager to approve computer related software and supplies purchases annually through CDW -G. FINANCIAL IMPACT: The funding to purchase computer-related supplies is included in the General Fund Budget and Internal Service Fund Budget approved by the City Council as part of the annual budget process. DESCRIPTION: Over the last several years, the City has been engaging CDW Government, LLC (CDW - G) for computer-related purchases for daily business operations. The City has typically utilized Microsoft products provided through CDW -G for its desktop and server operating systems, office applications, and management of the yearly maintenance renewal. These products, as well as CDW -G’S customer service, have been well received by Staff. Purchases thus far in Fiscal Year 2018-19 have been under the $45,000 threshold outlined in the Municipal Code and have therefore not required City Council approval. In preparation for the next round of equipment updates, Staff is requesting the City Council’s approval to use CDW -G as a primary vendor of software and hardware products. 4.3 Packet Pg. 61 Page 2 of 2 Section 2.36.100.A.9 of the City's Purchasing Policy provides an exemption to a competitive bidding process when another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment. In 2017, the City of Mesa, AZ, in conjunction with National IPA’s cooperative purchasing program, conducted a bidding process to offer the same pricing for software and hardware to participating Public Agencies, including California state and local government agencies (Executive Summary included as Attachment 1). As such, Staff recommends that the City Council approve the Resolution (Attachment 2) authorizing the City Manager or designee to approve such purchases in excess of $45,000 annually, for the duration of the National IPA contract till February 28, 2023, through CDW -G. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. National IPA Contract: CDW -G Executive Summary 2. Resolution Authorizing Staff to Procure Computer Supplies through CDW Government, LLC (CDW -G) 4.3 Packet Pg. 62 Page 1 of 2 Information Technology Solutions & Services Executive Summary Lead Agency: City of Mesa, AZ Solicitation: # 2018011 RFP Issued: September 20, 2017 Pre-Proposal Date: October 3, 2017 Response Due Date: October 23, 2017 Proposals Received: 11 Awarded to: The City of Mesa, AZ Department of Procurement issued RFP # 201811 on September 20, 2017, to establish a national cooperative contract for information technology solutions and services. The solicitation included cooperative purchasing language in the SCOPE of WORK, # 2 “NATIONAL CONTRACT REQUIREMENTS: NATIONAL CONTRACT REQUIREMENTS. The City, as the Principal Procurement Agency, as defined in Attachment D, has partnered with the National Intergovernmental Purchasing Alliance Company (“National IPA”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by National IPA) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through National IPA’s cooperative purchasing program. The City of Mesa is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with National IPA as a Participating Public Agency in National IPA’s cooperative purchasing program. Attachment D contains additional information on National IPA and the cooperative purchasing agreement. Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • City of Mesa website • National IPA website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA • Honolulu Star-Advertiser, HI • The Advocate – New Orleans, LA • New Jersey Herald, NJ • Las Vegas Journal Review, LV • Times Union, NY • Daily Journal of Commerce, OR • The State, SC • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • Helena Independent Record, MT 4.3.a Packet Pg. 63 Attachment: 1. National IPA Contract: CDW-G Executive Summary (Computer & Software Supplies) Page 2 of 2 On September 20, 2017 proposals were received from the following offerors: • CDW-G • Cloudvara • Connection Public Sector Solutions • Hye Tech • Hypertech • Office Depot • PCMG • POP • SHI International • World Wide Technology • Zones The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with CDW-G and proceeding with contract award upon successful completion of negotiations. The City of Mesa, AZ, National IPA and CDW-G successfully negotiated a contract and the City of Mesa executed the agreement with a contract effective date of March 1, 2018. Contract includes: A comprehensive product and service offering including desktops, notebooks, servers, software, peripherals, cloud computing, consulting/analysis, design, technical support, leasing/financing, trade- ins, repair, configuration/system configurations, implementation, training, maintenance, installation, system testing, upgrades, and imaging Term: Initial five- year agreement from March 1, 2018 through February 28, 2023 with the option to renew for two (2) additional one-year periods through February 28, 2025. Pricing/Discount: CDW-G offers a percent off catalog pricing by category. Refer to pricing document for complete details. National IPA Web Landing Pages: http://www.nationalipa.org/Pages/Contracts-search.aspx?k=cdwg 4.3.a Packet Pg. 64 Attachment: 1. National IPA Contract: CDW-G Executive Summary (Computer & Software Supplies) ATTACHMENT 1 RESOLUTION NO. xx - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AUTHORIZING STAFF TO PROCURE COMPUTER SUPPLIES THROUGH CDW GOVERNMENT, LLC (CDW-G) WHEREAS, the City requires software licenses and computer equipment for City operations and routinely replaces computer equipment that has reached the end of its useful life ; and annually renews software licenses; and WHEREAS, Staff desires to purchase equipment replacements and software licenses from CDW -G; and WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and WHEREAS, CDW -G has a valid pricing agreement, through February 2023, publicly bid by National IPA, which meets this Municipal Code provision for a publicly bid agreement; and WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval of equipment with a cost greater than or equal to forty-five thousand dollars ($45,000). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager as Purchasing Agent to procure replacement computers and related equipment from CDW -G., under a purchasing agreement publicly bid by the National IPA and valid through February 2023. PASSED, APPROVED AND ADOPTED this 4th day of December, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.3.b Packet Pg. 65 Attachment: 2. Resolution Authorizing Staff to Procure Computer Supplies through CDW Government, LLC (CDW-G) (Computer & Software Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Notice of City Engineer’s Pending Decision on the Final Map for Tracts 8365 and 8367 Prepared by: Laurie Sucgang, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will receive a notification of the City Engineer’s pending approval of the Final Map for Tracts 8365 and 8367, Boulevard Neighborhoods 14, 15, and 18. STAFF RECOMMENDATION: Receive the notification. FINANCIAL IMPACT: There is no impact on the General Fund. DESCRIPTION: In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the following: City Engineer’s pending decision on: Tract Location Developer Number of Units/Lots Type 8365 Boulevard, Neighborhood 18 Brookfield Bay Area Holdings, LLC 40 Lots Single Family Residential 8367 Boulevard, Neighborhoods 14 and 15 Dublin Crossing, LLC 162 Units Condominiums 4.4 Packet Pg. 66 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Tract 8365 Final Map 2. Tract 8367 Final Map 4.4 Packet Pg. 67 CLERK OF THE BOARD OF SUPERVISORS' STATEMENT:STATE OF CALIFORNIA)COUNTY OF ALAMEDA)I, ANIKA CAMPBELL-BELTON, CLERK OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF ALAMEDA, STATE OFCALIFORNIA, DO HEREBY STATE, AS CHECKED BELOW, THAT:□AN APPROVED BOND HAS BEEN FILED WITH THE SUPERVISORS OF SAID COUNTY AND STATE IN THE AMOUNT OF$___________ CONDITIONED FOR THE PAYMENT OF ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES,APPROVED BY SAID LOCAL BOARD IN SAID AMOUNT.□ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES HAVE BEEN PAID AS CERTIFIED BY THE TREASURER-TAX COLLECTOR OF THE COUNTY OF ALAMEDA.IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF ____________, 2018.ANIKA CAMPBELL-BELTONBY: CLERK OF THE BOARD OF SUPERVISORS DEPUTY COUNTY CLERKCOUNTY OF ALAMEDA, STATE OF CALIFORNIACOUNTY RECORDER'S STATEMENT:FILED FOR RECORD THIS DAY OF , 2018 AT M., IN BOOK OF MAPS ATPAGES THROUGH , UNDER SERIES NO. 2018 AT THE REQUEST OFFIRST AMERICAN TITLE COMPANY IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ALAMEDA, STATE OFCALIFORNIA.FEE: $_____________STEVE MANNING COUNTY RECORDER IN AND FOR THE COUNTYOF ALAMEDA, STATE OF CALIFORNIABY: DEPUTYOWNER'S STATEMENT:THE UNDERSIGNED DOES HEREBY STATE THAT IT IS THE OWNER OF ALL THE LANDS DELINEATED AND EMBRACED WITHIN THEBOUNDARY LINES UPON THE HEREIN EMBODIED TRACT MAP ENTITLED: "TRACT 8365, CITY OF DUBLIN, ALAMEDA COUNTY,CALIFORNIA”, CONSISTING OF FIVE (5) SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1) THEREOF; THAT IT HAS CAUSED SAIDMAP TO BE PREPARED FOR RECORD AND DOES CONSENT TO THE MAKING AND RECORDATION OF SAID MAP; AND THAT SAID MAPDOES PARTICULARLY SET FORTH AND DESCRIBE ALL PARCELS BY THEIR NUMBER OR LETTER, BEARINGS AND DISTANCES.THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE CITY OF DUBLIN AS EASEMENTS FOR PUBLIC PURPOSES:1.THE AREA DESIGNATED AS EMERGENCY VEHICLE ACCESS EASEMENT (EVAE) AS SHOWN UPON SAID MAP, ARE FOR INGRESSAND EGRESS OF PUBLIC SAFETY VEHICLES AND EMERGENCY EQUIPMENT.2. THE AREAS OR STRIPS OF LAND DESIGNATED AS PUBLIC UTILITY EASEMENT (PUE), AS SHOWN UPON SAID MAP, ARE HEREBYDEDICATED AS EASEMENTS TO THE PUBLIC FOREVER, WITH THE RIGHT OF INGRESS AND EGRESS, FOR THE PURPOSE OFCONSTRUCTING AND MAINTAINING APPLICABLE UTILITY STRUCTURES, AND ALL APPURTENANCES THERETO, UNDER, UPON ANDOVER SAID AREAS OR STRIPS OF LAND. SAID AREAS OR STRIPS OF LAND ARE TO BE KEPT OPEN AND FREE FROM BUILDINGSAND STRUCTURES OF ANY KIND, EXCEPT APPLICABLE UTILITY STRUCTURES AND APPURTENANCES.AND THE UNDERSIGNED DOES HEREBY RESERVE TO ITSELF AND TO THE OWNERS, RESIDENTS, AND OTHERS DESIGNATED BY THEHOMEOWNER'S ASSOCIATION OF TRACT 8365, THE AREA MARKED AS PRIVATE ACCESS EASEMENT (PAE), PARCEL A (FALLBROOKCOURT), PARCEL B (BEALE PLACE), PARCEL C , PARCEL D , PARCEL E, PARCEL F, PARCEL G (FALLBROOK COURT), AND PARCEL H(FALLBROOK COURT) AS SHOWN UPON SAID MAP. SAID PARCELS ARE FOR THE PURPOSE OF BUT NOT LIMITED TO, PRIVATE INGRESSAND EGRESS, PRIVATE UTILITIES, PRIVATE STORM DRAINS, WATER QUALITY, LANDSCAPING AND ALL APPURTENANCES.MAINTENANCE OF SAID PRIVATE ACCESS WAYS AND PARCEL IS TO BE THE RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION OFTRACT 8365, ALL IN ACCORDANCE WITH THE SUBDIVISION RESTRICTIONS GOVERNING TRACT 8365. SAID PARCEL IS NOT OFFEREDFOR DEDICATION TO THE PUBLIC AND IS TO BE CONVEYED TO THE HOMEOWNER'S ASSOCIATION OF TRACT 8365 BY SEPARATEDOCUMENT SUBSEQUENT TO THE FILING OF THIS FINAL MAP.THE AREAS DESIGNATED AS DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) ARE HEREBY DEDICATED BY SEPARATE INSTRUMENTTO DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD), OR IT'S DESIGNEE IN GROSS, AS A SUBSURFACE EASEMENT AND SURFACEEASEMENT FOR POTABLE AND RECYCLED WATER AND SANITARY SEWER PURPOSES, INCLUDING ACCESS THERETO, FOR THECONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENTS OF WORKS, IMPROVEMENTS, AND STRUCTURES, AND THECLEARING OF OBSTRUCTIONS AND VEGETATION. NO BUILDING OR STRUCTURE MAY BE PLACED ON SAID EASEMENT, NOR SHALLANYTHING DONE THEREIN, NOR ACCESS RESTRICTED THERETO WHICH MAY INTERFERE WITH DSRSD'S FULL ENJOYMENT OF SAIDEASEMENT. ACCEPTANCE OF SAID EASEMENT WILL BE BY SEPARATE INSTRUMENT SUBSEQUENT TO THE FILING OF THIS FINAL MAP.THE REAL PROPERTY DESCRIBED HEREIN IS ALSO SUBJECT TO THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS, ANDRESTRICTIONS (CC&R'S) THAT GOVERN THIS SUBDIVISION AND ANY AMENDMENTS THERETO APPROVED IN ACCORDANCE WITH THEIRTERMS.THIS MAP SHOWS OR NOTES ALL EASEMENTS OF RECORD, WITHIN THE BOUNDARY LINES OF THE HEREIN EMBODIED MAP.IN WITNESS WHEREOF, THE UNDERSIGNED HAVE EXECUTED THIS STATEMENT.AS OWNERS: DUBLIN CROSSING, LLC, A DELAWARE LIMITED LIABILITY COMPANYBY: BY: NAME: NAME:TITLE: TITLE: DATE: DATE: ACTING CITY SURVEYOR'S STATEMENT:I HEREBY STATE THAT I HAVE EXAMINED THIS TRACT MAP ENTITLED “TRACT 8365", AND I AM SATISFIED THAT THIS TRACT MAP ISTECHNICALLY CORRECT.DEAN ANDREW JURADO, ACTING CITY SURVEYORCITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIADATED:, 2018SOILS REPORT NOTEA GEOTECHNICAL REPORT, HAS BEEN PREPARED BY BERLOGAR STEVENS & ASSOCIATES, JOB NO. 3761.107 "DESIGNLEVEL GEOTECHNICAL INVESTIGATION", DATED FEBRUARY 9, 2018 FOR THIS PROJECT, AND IS ON FILE WITH CITY OFDUBLIN.OWNER'S ACKNOWLEDGMENT:A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHOSIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OFTHAT DOCUMENT.STATE OF CALIFORNIA COUNTY OF )ON , 2018, BEFORE ME , A NOTARY PUBLIC,PERSONALLY APPEARED WHOPROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED TO THEWITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HIS/HER/THEIR EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZEDCAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OFWHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH ISTRUE AND CORRECT.WITNESS MY HAND:SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: CITY ENGINEER'S STATEMENT:I, ANDREW C. RUSSELL, CITY ENGINEER OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DOHEREBY STATE THAT I HAVE EXAMINED THE HEREIN EMBODIED TRACT MAP ENTITLED "TRACT 8365" , CITY OF DUBLIN,ALAMEDA COUNTY, CALIFORNIA, CONSISTING OF FIVE (5) SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1)THEREOF, AND THAT THE TRACT MAP WAS PRESENTED TO ME AS PROVIDED BY LOCAL ORDINANCE THIS DAY OF______________, 2018, AND THAT THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT ANDLOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING TENTATIVE MAP AND THE SUBDIVISION ASSHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE VESTING TENTATIVE MAP AND ANY APPROVEDALTERATION THEREOF, AND THAT I APPROVE SAID MAP AND ACCEPT, SUBJECT TO IMPROVEMENT, ON BEHALF OF THECITY OF DUBLIN, PUBLIC UTILITY EASEMENTS (PUE), AND EMERGENCY VEHICLE ACCESS EASEMENT(EVAE), OFFERED FORDEDICATION FOR PUBLIC USE IN CONFORMITY WITH THE TERMS OF THE OFFER OF DEDICATION, AND HEREBY REJECT THEDUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) OFFER OF DEDICATION.I FURTHER STATE THAT ALL AGREEMENTS AND SURETY REQUIRED BY LAW TO ACCOMPANY THE WITHIN TRACT MAP AREAPPROVED AND ARE FILED WITH THE CITY.SIGNED: ANDREW C. RUSSELL, CITY ENGINEERR.C.E. 61348CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIADATED: , 2018SURVEYOR'S STATEMENT:THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITHTHE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF DUBLIN CROSSING, LLC, ADELAWARE LIMITED LIABILITY COMPANY IN MARCH OF 2018. I HEREBY STATE THAT THIS TRACT MAP SUBSTANTIALLYCONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, AND THAT ALL THE MONUMENTS INDICATED HEREONARE OF THE CHARACTER AND OCCUPY POSITIONS INDICATED HEREON OR WILL BE SET WITHIN TWENTY FOUR MONTHS FROMRECORDATION OF THIS TRACT MAP, AND THE COMPLETION OF IMPROVEMENTS, AND WILL BE SUFFICIENT TO ENABLE THESURVEY TO BE RETRACED, AND THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THAT THE GROSS AREA WITHIN THEMAP IS 3.29 ACRES, MORE OR LESS. DATED: , 2018IAN BRUCE MACDONALDLS NO. 8817TRACT 8365HOPYARDROADDOUGHERTYROADSAN RAMO N V A L L E YI-680BLVD.ROADGLEASONDRIVETASSAJARA ROADPLEASANTONDRIVEHACIENDASANTA RITAROADI-580DUBLINBOULEVARDCENTRALPARKWAYEL CHARROROADFALLONDUBLINALAMEDA COUNTYCONTRA COSTA COUNTYROADN.CANYONSPARKWAYCOLLIERCANYONDOOLANROADI-580ARNOLDROADSCARLETTDRIVESIGNATURE OMISSIONSPURSUANT TO SECTION 66436(a), 3(A)(i) OF THE CALIFORNIA SUBDIVISION MAP ACT, THE SIGNATURES OF PARTIESOWNING THE FOLLOWING INTERESTS, WHICH CANNOT RIPEN INTO A FEE, HAVE BEEN OMITTED:1. UNITED STATES OF AMERICA ENVIRONMENTAL INVESTIGATION EASEMENT AND RIGHT OF ACCESS RESERVED ININSTRUMENT NOS. 2017-064517 AND 97-194235.2. UNITED STATES OF AMERICA UTILITY EASEMENT, TERMS AND PROVISIONS DESCRIBED IN INSTRUMENT NO. 94312570.3. PACIFIC GAS AND ELECTRIC COMPANY EASEMENT PER REEL 3276, IMAGE 82 OFFICIAL RECORDS.4.4.aPacket Pg. 68Attachment: 1. Tract 8365 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for TRACT 83654.4.aPacket Pg. 69Attachment: 1. Tract 8365 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for TRACT 83654.4.aPacket Pg. 70Attachment: 1. Tract 8365 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for TRACT 83654.4.aPacket Pg. 71Attachment: 1. Tract 8365 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for TRACT 83654.4.aPacket Pg. 72Attachment: 1. Tract 8365 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for 4.4.bPacket Pg. 73Attachment: 2. Tract 8367 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for 4.4.bPacket Pg. 74Attachment: 2. Tract 8367 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for 4.4.bPacket Pg. 75Attachment: 2. Tract 8367 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for 4.4.bPacket Pg. 76Attachment: 2. Tract 8367 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for 4.4.bPacket Pg. 77Attachment: 2. Tract 8367 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for 4.4.bPacket Pg. 78Attachment: 2. Tract 8367 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for 4.4.bPacket Pg. 79Attachment: 2. Tract 8367 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for 4.4.bPacket Pg. 80Attachment: 2. Tract 8367 Final Map (Notice of City Engineer’s Pending Decision on the Final Map for Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Veterans Art Word Selection Prepared by: Tegan McLane, Cultural Arts and Heritage Manager EXECUTIVE SUMMARY: The City Council is being asked to approve wording that will be included in a public artwork honoring veterans and military personnel, to be located at Don Biddle Community Park. STAFF RECOMMENDATION: Approve the following words to be included in the Veterans Art: Honor, Service, Courage and Integrity. FINANCIAL IMPACT: N/A DESCRIPTION: On February 21, 2017, the City Council selected the future Don Biddle Community Park as the site for public artwork to be commissioned by the City to honor all who have served and currently serve. At the March 20, 2018 meeting, the City Council approved artist Steven Whyte’s Crossroads design (recommended by the Heritage and Cultural Arts Commission), which features four larger-than-life bronze figures, representing veterans of different eras, branches of service and demographics, standing at attention before four flags. The figures are: an older male Caucasian Seabee from World War II, representative of tradesmen who left established careers to join t he war effort and trained at the newly established Camp Parks; an African-American Airman from the Korean War period, when Camp Parks was a U.S. Air Force facility; a Caucasian male Marine from the Vietnam era, and a modern-day, female Latina Army Reservist. The figures will stand on a 26-foot square plaza, composed of granite pavers and featuring an intersection of two concrete "roads" at its center. The roads will be 4.5 Packet Pg. 81 Page 2 of 3 constructed with a variety of textures to suggest jeep tracks, Marston matting used by the Seabees, and footprints representing the many servicemen and women who have passed through Dublin. During the discussion at the City Council meeting, Mayor Haubert requested that meaningful military value words be incorporated somehow to the finished artwork. The artist has informed Staff of his plan to incorporate value words in the actual design. The words will be etched in white granite at the points where visitors enter the artwork space. As there are four entrances to the Crossroads, the artist requests the City approve four words for this purpose. At its November 8, 2018 meeting, the Heritage and Cultural Arts Commission reviewed the items and recommended the incorporation of the following four words: Honor, Service, Courage and Integrity. These words were selected by the artist because they are values shared by two or more branches of the military. As the artwork is meant to honor all branches of service, the stated values of all have been considered. The Department of Defense lists them as: U.S. Army and National Guard – Loyalty, Duty, Respect, Selfless Service, Honor, Integrity and Personal Courage. Navy and Marine Corps – Honor, Courage, and Commitment. Air Force - “Integrity first, service before self, and excellence in all we do.” Coast Guard – Honor, Respect, and Devotion to Duty. National Guard – Same as the Army’s values listed above. Department of Defense – Duty, Integrity, Ethics, Honor, Courage and Loyalty. Staff has discussed with the artist that it would be appropriate to try and place the words on the entrance between two figures that share that value. For example, Service and Integrity are values shared by Army and Air Force, so if the airman and the reservist are adjacent, one of those values would be appropriate to place on the entrance that runs between them. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: None. 4.5 Packet Pg. 82 Page 3 of 3 4.5 Packet Pg. 83 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Creation of a Cemetery Policy Prepared by: Tegan McLane, Heritage and Cultural Arts Manager EXECUTIVE SUMMARY: The City Council will consider the adoption of a Cemetery Policy. The Policy defines activities and items that are allowable and prohibited in the Dublin Pioneer Cemetery and outlines maintenance standards for Cemetery common areas and privately-held grave plots. STAFF RECOMMENDATION: Adopt the Resolution Adopting the Cemetery Policy. FINANCIAL IMPACT: Cemetery maintenance costs are included within the Parks Maintenance budget previously approved by City Council. DESCRIPTION: The City of Dublin purchased the Dublin Pioneer Cemetery property from Dublin Cemetery Inc. in 1992. As part of the purchase agreement, the City assumed responsibility for maintaining the property as an active cemetery, coordinating burials for the existing plot-holders until the plots have been filled, and providing care of the grounds in perpetuity. Shortly after the purchase and over the intervening years, the City has implemented various operational procedures related to those obligations. However, no formal Policy was ever adopted. In the absence of a Policy, there has been some confusion regarding permissible activities within the Cemetery and regarding the standards of maintenance the City is expected to provide. In recent years, Staff has fielded questi ons from plot holders and the community regarding weed control, landscaping, trash removal and general repairs. 4.6 Packet Pg. 84 Page 2 of 2 To address these concerns and clarify the City's responsibilities, this draft Cemetery Policy has been developed by Staff and reviewed by the P ublic Works Superintendent and City Attorney. (Attachment 2) Staff recommends City Council adopt the proposed Cemetery Policy to take effect January 1, 2019. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: Notice of the proposed Policy was provided to Cemetery plot holders. ATTACHMENTS: 1. Resolution Adopting the Cemetery Policy 2. Exhibit A to the Resolution - Draft Cemetery Policy 4.6 Packet Pg. 85 ATTACHMENT 2 RESOLUTION NO. XX - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * ADOPTING THE CEMETERY POLICY WHEREAS, the City of Dublin (“City”), State of California, has owned and operated the Dublin Pioneer Cemetery since its purchase from Dublin Cemetery, Inc., in 1992; and WHEREAS, the Dublin Pioneer Cemetery is an active Cemetery, still being used by local families for burials of human remains; and WHEREAS, the Dublin Pioneer Cemetery is a site of great historic interest, containing the graves of some of Dublin’s earliest settlers and founders; and WHEREAS, the Dublin Pioneer Cemetery is located within the bounds of Heritage Park and is accessible to the general public in the course of their enjoyment of the park grounds; and WHEREAS, the City of Dublin desires to balance the interests of various types of cemetery users and maintain the Cemetery in a safe, dignified and attractive manner in perpetuity. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the Cemetery Policy, attached hereto as Exhibit A to the Resolution. PASSED, APPROVED AND ADOPTED this 4th day of December 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: 4.6.a Packet Pg. 86 Attachment: 1. Resolution Adopting the Cemetery Policy (Cemetery Policy) ATTACHMENT 2 _________________________________ City Clerk 4.6.a Packet Pg. 87 Attachment: 1. Resolution Adopting the Cemetery Policy (Cemetery Policy) THE CITY OF DUBLIN CEMETERY POLICY The Dublin Pioneer Cemetery (“Cemetery”), located on the grounds of Heritage Park, has served as a final resting place for Dublin residents since the early days of pioneer settlement. The first burial in the Cemetery occurred in 1859, and it remains active for burials only. All available plots have been sold. Although the primary purpose of the Cemetery is to serve as a burial park, the Cemetery is also a historical and educational resource for residents and visitors. Guided group tours are available with a reservation, and individuals are welcomed to take self-guided tours during daylight hours. The Cemetery is open to the public daily, from sunrise to sunset. The City maintains the common areas of the Cemetery and shares the responsibility to maintain each plot or grave with the plot- owning family. Service and volunteer groups are invited to assist in the maintenance of historic plots or graves that have no surviving family members. This Policy outlines the rules and etiquette for use of the Cemetery and identifies maintenance standards and procedures. The City has owned and operated the Cemetery since 1993 and has the authority to promulgate and enforce this Policy under California state law. The City expressly reserves the right to amend this Policy without notice. 1. Purpose. The City owns and operates the Cemetery and has jurisdiction over the general management, conduct and regulation of burials, as well as the disposition and management of plots. While all available plots have been sold, the Cemetery remains active and serves existing plot owners who are entitled to bury family members on the site. This Policy in intended to: a. Establish rules and regulations for allowed Cemetery uses. b. Identify roles and processes to ensure that the Dublin Pioneer Cemetery is managed and maintained in a dignified manner appropriate to its history and consistent with the City’s standards for park maintenance. c. Encourage groups and individuals with an interest in the Cemetery to share in the responsibility of protecting and preserving the Cemetery for future generations. 2. Definitions. The following words and phrases, whether capitalized or not, shall have the meaning defined in this section. All other words in this Policy shall have their customary dictionary definition unless the context suggests a contrary intention: a. Burial means the process of placing human remains in a grave. b. Grave means a space of earth in a burial park that is used or intended to be 4.6.b Packet Pg. 88 Attachment: 2. Exhibit A to the Resolution - Draft Cemetery Policy (Cemetery Policy) used for the disposition of human remains. c. Interment means the permanent disposition of the remains of a deceased human being by burial, cremation, inurnment, or entombment. d. Marker means the memorial placed upon the gravesite to identify the individual interred; also grave marker or gravestone. e. Monument means a memorial erected on a plot principally to identify the family name. f. Opening and closing of grave means the excavation of earth and other materials for the creation of the grave and the subsequent refilling after burial. g. Person means an individual, partnership, association, society, organization or corporation. h. Plot means the subdivision of land in a cemetery for the interment of one or more person(s). i. Plot owner means any person who is record owner of a plot 3. Purpose and Use of Cemetery. The primary purpose of the Dublin Pioneer Cemetery is to serve as the burial location for human remains. This purpose supersedes all other uses of the Cemetery. Secondarily, the Cemetery is a community heritage resource of great educational value. Finally, because it is located within the bounds of a Community Park, the Cemetery is considered passive park space where the general public is free to walk and enjoy the grounds. The City of Dublin complies with and enforces all applicable state laws concerning cemeteries. a. Use for Burials and Graves. i. Burials are restricted to existing plots. Plots are owned by the plot owner and his/her descendants. Plots may be used as the family wishes to bury family members until the capacity for graves within the plot has been reached. ii. Plots may not be re-sold. iii. Opening of grave, burial, and closing of grave must be coordinated through the City and performed in compliance with state law and current City procedures, including the payment of all necessary fees. Grave and burial costs are included in City fees. The City will determine the contractor. iv. Installation of any permanent feature within the plot, including monument, marker, and curbing, must be coordinated through the 4.6.b Packet Pg. 89 Attachment: 2. Exhibit A to the Resolution - Draft Cemetery Policy (Cemetery Policy) City and performed by a contractor approved by the City. Contractors must obtain City of Dublin business licenses and provide satisfactory proof of insurance in order to be approved. v. Any permanent plot landscaping, such as the addition of stones or planting, must be approved by the City. Planting is restricted to slow-growing, low-maintenance, drought-tolerant plants that will not infringe on neighboring plots. vi. Graveside memorial services must be coordinated through the City. b. Use for Tours and History-Related Events. i. Guided Cemetery tours are available for students and other groups with a reservation and payment of small fee. ii. Individual visitors are welcome to take self-guided tours daily during public hours between sunrise and sunset. iii. The City reserves the right to host public tours and other history- related events in the Dublin Pioneer Cemetery at any time. All activities in the cemetery are historical and educational in nature and conducted in a respectful manner. c. Passive Park Use. i. The Dublin Pioneer Cemetery is open to the public from sunrise to sunset. ii. All City of Dublin Park Rules and Regulations are applicable to the Dublin Pioneer Cemetery. iii. Park users must abide by general cemetery etiquette listed below in section 5(a). iv. Dogs must be leashed. 4. Cemetery Maintenance. It is the City’s desire to maintain the Cemetery in a way that is respectful to all ownership interests. The City is responsible for general and overall maintenance and retains the right to maintain all areas of the Cemetery and remove debris and materials it deems dangerous, unsightly or offensive to the public. a. Common areas. i. Common areas of the Cemetery will be regularly maintained by the City. Common areas to be maintained include the parking lot, pathways, wayfinding and historical signs, trees, fences and 4.6.b Packet Pg. 90 Attachment: 2. Exhibit A to the Resolution - Draft Cemetery Policy (Cemetery Policy) perimeter landscaping. ii. The City will hire professional contractors as needed to tend to common areas and will welcome assistance from volunteer groups. Volunteer group clean-ups must be coordinated through the Public Works Department (as during Dublin Pride) or directly with the Heritage Parks and Museums staff. iii. The City’s maintenance standards for the common areas are: (1) Pathways will be kept clear of branches and vines and piled leaves. (2) Dirt pathways, which are prone to mud, will be left with a thin carpet of natural leaf debris to minimize soil erosion. (3) Accepted safe herbicides will be used for weed control, as needed. (4) Weeds will be cut and removed a minimum of twice a year (late Spring and early Summer). A third weed cutting may be scheduled in wet years. (5) Non-routine maintenance issues, such as downed trees, broken signage or broken fencing, will be immediately secured in a safe manner and repaired as soon as practical. b. Plots and Graves. i. Maintenance of plots and graves within the Cemetery are the shared responsibility of the City and plot-owning families. Plot and grave maintenance includes trash, debris and weed removal, and plant care as applicable. ii. Plot owners may choose to take sole responsibility for care of their plot and graves if they wish. To exercise this choice, plot owner must provide the City annually with contact information of a local family member who will care for the plot and graves and who will remedy maintenance issues within two weeks of receiving notice from the City as to the maintenance issue. For plot owners who exercise this option, the City will install a small sign to indicate the plot is family maintained. Staff will refrain from entering the plot and will similarly prohibit access by contractors or volunteers. City staff will contact the family member and document any requests for maintenance. Should the family be unable to address maintenance concerns within a reasonable time, the City will exercise its right to maintain the plot. 4.6.b Packet Pg. 91 Attachment: 2. Exhibit A to the Resolution - Draft Cemetery Policy (Cemetery Policy) iii. The City will hire professional contractors as needed to provide minimal care to plots and graves. The City will welcome assistance from volunteer groups and individuals in maintaining plots and graves. Volunteer group clean-ups must coordinated through the Public Works Department (as during Dublin Pride) or directly with the Heritage Parks and Museums staff. iv. The City may encourage service and volunteer groups to adopt historic plots and graves where no surviving family members remain. If a service group agrees to maintain its section monthly for a commitment of one year, the City will install a small sign indicating that the section is maintained by the group. This will only be available for plots and graves where the City has no valid plot owner contact information and no new graves in the past 20 years. This is not a sponsorship; no business or organization logos would be placed in historic plots. v. The City’s maintenance standards for plots are: (1) Accepted safe herbicides will be used for weed control, as needed. (2) Weeds will be cut and removed a minimum of twice a year (late Spring and early Summer). A third weed cutting may be scheduled in wet years. (3) Non-routine maintenance issues, such as downed trees, broken headstones and sinking grave plots will be immediately secured in a safe manner and repaired as soon as practical. c. Regular inspections. i. Heritage Park Staff will visually inspect the entire cemetery on, at minimum, a monthly basis and shall report any maintenance issues to Maintenance Staff. ii. A walk-through with the maintenance contractor shall be conducted at least annually and after any significant damage, such as tree falls or earthquakes, to identify and address any maintenance and repair concern d. Records keeping. i. To the best of its ability, the City shall maintain records on the graves within Dublin Pioneer Cemetery and make this information available to the public upon request. 4.6.b Packet Pg. 92 Attachment: 2. Exhibit A to the Resolution - Draft Cemetery Policy (Cemetery Policy) ii. The City welcomes genealogy and history groups to research and assist with cataloging historical data on the individuals interred at the Dublin Pioneer Cemetery. 5. Special Restrictions. The following Rules and Regulations pertain only to the Dublin Pioneer Cemetery: a. Cemetery Etiquette i. Out of respect and for safety reasons, no climbing, standing, sitting or leaning upon grave markers. Also, avoid walking over graves. ii. Grave rubbings are not permitted. iii. Picnicking within the graves is not permitted. iv. Running and playing games such as hide-and-seek within the graves is not permitted. b. Grave Décor i. Family members and their designees may leave flowers and other tribute items within plots. ii. The City assumes no responsibility for items left on graves or in plots. iii. The City reserves the right to remove any item it deems a safety hazard, unsightly or offensive. iv. Any holiday items will be removed by Staff three weeks after the holiday passes. c. Veterans Events i. Veterans recognition events – including installation of flags – must be approved by the City in writing. ii. Ceremonies involving gunshot salutes require additional coordination with Dublin Police Services. Organizers may be required, at their own expense, to notify neighboring residents and businesses of any planned salutes. 3081748.1 4.6.b Packet Pg. 93 Attachment: 2. Exhibit A to the Resolution - Draft Cemetery Policy (Cemetery Policy) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Fiscal Year 2018-19 1st Quarter Financial Review Prepared by: Jay Baksa, Financial Analyst EXECUTIVE SUMMARY: The City Council will receive a financial report through the first quarter for Fiscal Year 2018-19 and consider amendments to the Fiscal Year 2018 -19 Budget via a budget change. STAFF RECOMMENDATION: Receive the report and approve the budget change. FINANCIAL IMPACT: Approval of the budget change will result in the addition of $3,600,000 to the General Fund revenue budget. Total General Fund reserves are projected at $136,340,768 by June 30, 2019. DESCRIPTION: The focus of this report is the Fiscal Year 2018-19 General Fund Amended Budget. As a reminder, the Amended Budget includes budget amendments already approved by the City Council since July 1, as well as carry-over budgets from Fiscal Year 2017-18. The Budget Change Form (Attachment 1) lists all new amendments needing City Council approval. FY 2018-19: Projected Results General Fund revenues are projected to come in $3,600,000 higher than the Amended Budget due to the following: 1. Property tax revenue increased $3,200,000 over the budget, based on the most recent information provided by Alameda County and the City’s property tax consultant. This change reflects growth in overall assessed valuation (AV) by 9.57% ($1,417,122,832) over last year. This was the highest AV growth o f 4.7 Packet Pg. 94 Page 2 of 2 in Alameda County. 2. Sales and Use Tax (Sales Tax) revenue increased $400,000 over budget. At the beginning of 2018, the State implemented a new software and reporting system, which resulted in the last two quarters of Fiscal Year 2017 -18 having multiple allocations not getting posted. This caused a delay in some receipts to Fiscal Year 2018-19. The overall trend for year-over-year Sales Tax revenue is flat, but given the delay of receiving revenue, the F iscal Year 2018-19 Sales Tax budget is being increased. After incorporating the changes, total reserves are projected to increase from $132,740,768 to $136,340,768, as illustrated in the table below. Total Reserves, FY 2017-18 and FY 2018-19 Amended Budget STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Budget Change Form 4.7 Packet Pg. 95 Attachmemt 1 Budget Change Reference #: From Un-Appropriated Reserves Budget Transfer Between Funds From Designated Reserves Other x Account Amount 1001.0000.41101 $3,200,000 1001.0000.42101 $400,000 12/4/2018 Posted By:Date: REVENUES Reason As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN FISCAL YEAR 2018-19 BUDGET CHANGE FORM General Fund - Property Tax General Fund - Sales and Use Tax City Council's Approval Required Updated number from Property Tax consultant Increase based on timing of receipt of revenue from State 4.7.a Packet Pg. 96 Attachment: 1. Budget Change Form (Fiscal Year 2018-19 1st Quarter Financial Review) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Modification of Parking Regulation along Antone Way Prepared by: Sai Midididdi, Associate Civil Engineer EXECUTIVE SUMMARY: The City Council will consider adding a No Parking zone along Antone Way. This action will improve traffic circulation at the entrance of John Green Elementary School on Antone Way. STAFF RECOMMENDATION: Adopt the Resolution Amending the Dublin Traffic Code Approving a No Parking Zone along Antone Way, west of South Bridgepoint Lane. FINANCIAL IMPACT: The cost to implement the no parking zone by installing red curb can be accommodated in the Fiscal Year 2018-2019 Street Maintenance Operating Budget. DESCRIPTION: Staff met with representatives of the Dublin Unified School District (DUSD) and school staff at John Green Elementary School regarding traffic circulation and operation at the school and on Antone Way. It was no ted that during pick-up and drop-off hours, eastbound vehicles are queued up to turn left into the school. This queue of vehicles often obstructs other vehicles traveling along Antone Way. To accommodate the traffic queues, improve traffic circulation, a nd control pedestrian crossings, Staff is proposing to extend the existing no parking zone by an additional 213 feet on the south side of Antone Way, between South Bridgepoint Lane and Grafton Street. This extension will help control pedestrian crossings by eliminating unsafe student crossings of Antone Way from vehicles using the curb lane as a drop-off zone. There are no homes that front on Antone Way in the proposed no parking zone. Therefore, minimal impact is anticipated to the residential parking in the area by increasing the no parking zone. The Traffic Safety Committee reviewed the concern and agreed with the Staff recommendation for an increased no parking zone. 4.8 Packet Pg. 97 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Staff has notified DUSD staff of this recommended change. ATTACHMENTS: 1. Resolution Amending the Dublin Traffic Code Approving a No Parking Zone Along Antone Way, West of South Bridgepoint Lane 2. Location Map 4.8 Packet Pg. 98 RESOLUTION NO. __– 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE DUBLIN TRAFFIC CODE APPROVING A NO PARKING ZONE ALONG ANTONE WAY, WEST OF SOUTH BRIDGEPOINT LANE WHEREAS, on-street parking is currently unrestricted along portions of both sides of Antone W ay; and WHEREAS, there is insufficient roadway width to accommodate both on-street parking and vehicular access to John Green Elementary School due to traffic congestion during peak periods; and WHEREAS, it is important for safety to provide an unobstructed path of travel for vehicles; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin hereby adopts the following parking regulation: Section 1: The following language shall be added to Section 6.28.010 (“No Parking Zones: Designated”) of the City of Dublin Traffic Code : Antone Way On the southerly curb line, from a point 285 feet west of the prolongation of the westerly curbline of South Bridgepointe Lane, westerly a distance of 213 feet PASSED, APPROVED AND ADOPTED this 4th day of December 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Mayor ATTEST: ___________________________________ City Clerk 4.8.a Packet Pg. 99 Attachment: 1. Resolution Amending the Dublin Traffic Code Approving a No Parking Zone Along Antone Way, West of South Bridgepoint Lane PROPOSED 213’ NO PARKING ZONE Antone Way Exis•ng Red Curb (30’) TO Remain Exis•ng Red Curb (20’) to Remain N Antone Way Proposed Parking Regula•ons Exis•ng Red Curb (120’) to Remain 4.8.b Packet Pg. 100 Attachment: 2. Location Map (Modification of Parking Regulations - Antone Way) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Public Safety Complex Art Agreement Prepared by: Tegan McLane, Cultural Arts & Heritage Manager EXECUTIVE SUMMARY: The City Council will consider approval of a Public Art Agreement between the City of Dublin and Gordon Huether + Partners, Inc. The artist Gordon Huether is to design, fabricate and install a piece of public artwork at the new Pub lic Safety Complex. STAFF RECOMMENDATION: Adopt the Resolution Approving a Public Art Agreement with Gordon Huether + Partners, Inc. for a Public Art Project at the Dublin Public Safety Complex, and approve the budget change. FINANCIAL IMPACT: The Public Art Agreement between the City of Dublin and Sculptural Solutions is $300,000. This will require an additional allocation of $38,300 from the Public Art Fund. City Council has previously allocated $261,700 in Improvements for this project, as part of the five-year Capital Improvement Program approved in May 15, 2018. No general fund dollars are being expended on the project. DESCRIPTION: On October 2, 2018, the City Council unanimously approved the proposed artwork by artist Gordon Huether. Staff has negotiated a Public Artwork Agreement with the Artist for design, fabrication and installation of the artwork. Mr. Huether's design is a 17-foot tall brushed stainless-steel sculpture inspired by the universal symbol of the remembrance/awareness ribbon and inset with blue and red dichroic glass to represent Police and Fire respectively. Dichroic glass is an extremely light sensitive and highly reflective glass that appears to change the color reflected as the viewing angle changes. The piece will sit atop a plinth inscribed with the words “Commitment,” “Honor,” “Integrity” and “Trust,” words which were selected by Police and Fire department personnel. 4.9 Packet Pg. 101 Page 2 of 2 The attached Resolution includes the Agreement (Attachment 2), which reflects the scope of services and schedule for completion. Staff has negotiated these deadlines in consultation with the builder. Installation of the artwork is currently planned for November 2019, prior to the expected completion of the Public Safety Complex. STRATEGIC PLAN INITIATIVE: Strategy 2: Enhance the City's engagement efforts to better connect and inform residents of City activities and public safety matters. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Artist Gordon Huether was provided a courtesy copy of this report. ATTACHMENTS: 1. Resolution Approving a Public Art Agreement with Gordon Huether + Partners, Inc. for a Public Art Project at the Dublin Public Safety Complex 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) 3. Budget Change Form 4.9 Packet Pg. 102 ATTACHMENT 1 RESOLUTION NO. XX - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A PUBLIC ART AGREEMENT WITH GORDON HUETHER + PARTNERS, INC. FOR A PUBLIC ART PROJECT AT DUBLIN PUBLIC SAFETY COMPLEX WHEREAS, the 2016-2021 Capital Improvement Program includes a project to design, fabricate and install permanent public art at the new Dublin Public Safety Complex; and WHEREAS five public artists who pre-qualified according to the Public Art Master Plan process to design monumental sculptures were invited to submit design proposals to design, fabricate and install Public Art at the Public Safety Complex; and WHEREAS, the public art proposal by Gordon Huether was recommend by the Public Safety Complex Art Selection Committee and Heritage and Cultural Arts Commission and approved by the City Council; and WHEREAS, Gordon Huether has demonstrated ability and availability to perform said services; and WHEREAS, Gordon Huether contracts his artistic services through his company, Gordon Huether Studio. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the Agreement with Gordon Huether + Partners, Inc., attached as Exhibit A, and authorizes the City Manager to execute the Agreement and any other minor amendments as necessary to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of December, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.9.a Packet Pg. 103 Attachment: 1. Resolution Approving a Public Art Agreement with Gordon Huether + Partners, Inc. for a Public Art Project at the Dublin Public Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 1 of PUBLIC ART AGREEMENT BETWEEN THE CITY OF DUBLIN AND GORDON HUETHER + PARTNERS, INC. THIS AGREEMENT is made by and between the City of Dublin (“City”) and Gordon Huether + Partners, Inc. Artist”) as of November 20, 2018, for the purposes and on the terms and conditions set forth below. RECITALS WHEREAS, the City requires the services of Artist to perform artistic services described in the Agreement for a public art project as described under Section 8.58 of the Dublin Municipal Code; and WHEREAS, the City is authorized by Section 2.36.050 of the Dublin Municipal Code to contract for the specialized services of the artist contemplated by this Agreement; and WHEREAS, Artist is qualified and desires to perform the artistic services required by the City as set forth in this Agreement; and WHEREAS, the City Council, on October 2, 2018, authorized the City Manager to negotiate an agreement between City and Artist for the preparation of a final design, fabrication and installation for a public art sculpture at the future Public Safety Complex, to be located at 6361 Clark Avenue, Dublin, CA 94588; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: AGREEMENT Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Artist shall provide to City the services necessary to provide the artwork (“Work”) described in the Artist Proposal described in Exhibit A, and in the Scope of Work attached as Exhibit B 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 B, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on the date of completion specified in Exhibit B, and Artist shall complete the Work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 17. The time provided to Artist to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 17. 1.2 Standard of Performance. Artist 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 Artist is engaged in the geographical area in which Artist practices its profession. 1.3 Assignment of Personnel. Artist shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Artist shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 4.9.b Packet Pg. 104 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 2 of 1.4 Time. Artist shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Artist’s obligations hereunder. Section 2. SCOPE OF WORK: Artist shall provide a final design, fabrication and installation of a monumental sculpture honoring military veterans and active duty personnel for the Don Biddle Community Park public art project as more specifically described in Exhibits A and B of this Agreement. 2.1 The City shall be responsible for providing the Artist, without cost, copies of designs, drawings, reports, and other relevant data needed by the Artist to design and execute the Project. 2.2 The Artist shall, whenever required during the term of this Agreement, present to the City in writing, drawing, or other appropriate media for further review and approval any significant changes in the scope, design, color, size, material, utility, support requirements, texture, or location of the site or the Work. A significant change is any change that could affect the future installation, scheduling, site preparation, or maintenance of the Work, or the concept of the Work as represented in the original concept design included in Exhibit A. 2.3 The City may, at any time, request the Artist in writing to (a) revise portions of the services that he/she has previously completed in a satisfactory manner; (b) delete portions of the Scope of the Work that the Artist has not yet performed; (c) perform additional work beyond the Scope of Work to be provided in Exhibit B; and, (d) make other changes within the General Scope of the Work to be performed under this Agreement. In the event of such a written request, the Artist may, but shall not be obligated to agree to any such request. 2.4 In the event the request for change is agreed to by the Artist, this Agreement shall be amended, in writing, specifying the agreed changes, including, but not limited to, a description of services, additional budget, payment schedule, and timetable. In the event that the Artist does not agree to the request, the City shall be entitled to terminate the Agreement for cause pursuant to Article 17 herein. 2.5 No services for which additional compensation will be charged shall be provided by the Artist without the prior written authorization by the City. Section 3. COMPENSATION. City hereby agrees to pay Artist a sum not to exceed $300,000.00 as specified in Exhibit C, notwithstanding any contrary indications that may be contained in Artist’s proposal, for services to be performed under this Agreement; or subject to additional amounts for any revisions requested and change order approved by the City as provided for in Section 2.3 above or elsewhere in this Agreement. In the event of a conflict between this Agreement and Artist’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Artist for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in Exhibit C shall be the only payments from City to Artist for services rendered pursuant to this Agreement. Artist shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Artist shall not bill City for duplicate services performed by more than one person. Artist and City acknowledge and agree that compensation paid by City to Artist under this Agreement is based upon Artist’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Artist. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Artist and its employees, agents, and 4.9.b Packet Pg. 105 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 3 of subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3.1 Invoices. Artist shall submit invoices as specified in Exhibit B and C, 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. Invoices shall contain the following information: Serial identifications of each billable phase; i.e., Bill No. 1 Phase I 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, the Artist’s signature. 3.2 Total Payment. City shall pay for the services to be rendered by Artist pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Artist 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 Artist 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. 3.3 Payment of Taxes. Artist is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 3.4 Payment upon Termination. In the event that the City or Artist terminates this Agreement pursuant to Section 17, the City shall compensate the Artist for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Artist shall maintain adequate logs and timesheets in order to verify costs incurred to that date. Section 4. FACILITIES AND EQUIPMENT. Except as set forth herein, Artist shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. Section 5. RESPONSIBILITY OF THE ARTIST 5.1 The Artist agrees that an essential element of this Agreement is the skill and creativity of the Artist. The Artist shall not assign the creative or artistic portions of the Work to another party for the production of the Work without the written consent of the City. Failure to conform to this provision may be cause for termination of this Agreement, at the sole option of the City. 5.2 The Artist shall be responsible for providing services described in Exhibit B, including but not limited to, the quality and timely completion of the services. As part of the Work, Artist shall be responsible for designing the artwork, as described in Exhibit A, so that it can be constructed without exceeding the approved overall budget for the artwork of $500,000.00. The Artist shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in his/her Work. 4.9.b Packet Pg. 106 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 4 of 5.3 The Artist shall complete the fabrication and installation of the Work in substantial conformity with the attached Exhibit B, Scope of Work. 5.4 The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by City. The Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance by City. Section 6. TIMELY PROVISION OF SERICES; DAMAGES FOR DELAYED PERFORMANCE: The parties agree that in the performance of the terms and requirements of this Agreement by the Artist that time is of the essence. Artist shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Artist's obligations pursuant to this Agreement. 6.1 Damages for Delayed Performance. Subject to reasonable proof and documentation confirming the same submitted by the City, Artist shall be liable for all incidental and consequential damages resulting, directly or indirectly, from delays in performance caused by Artist's acts or omissions. Damages may include, but are not limited to the cost to retrofit the Work installation area should Artist not meet installation schedule as specified in Exhibit B. The Artist shall not be liable to City for damages resulting from delays caused by force majeure or by acts or omissions of City, Architect or the General Contractor; or third-party vandalism, except to the extent Artist failed reasonably to mitigate such damages. 6.2 Illness, Injury, Death or Incapacity. Should Artist die, become ill, injured or otherwise incapacitated (collectively, “incapacitated”) such that Artist is unable to work for any period not exceeding 30 days (whether consecutive or non-consecutive), any delay arising out of such incapacity will be allowed by City whenever it is practicable to do so, considering the facts and circumstances of the Work, the Project, the Architect, the General Contractor and the Client. City may require Artist to provide medical certification of any claimed incapacity. In the event Artist is incapacitated such that Artist is unable to work for a period exceeding a total of 30 days (whether consecutive or nonconsecutive), City may, at its option, undertake to complete and install the Work in Artist’s absence, so long as the final Artwork is substantially similar to that designed by Artist. If City undertakes to complete the Work, City shall give due consideration to Artist’s suggestions, and Artist may disclaim authorship of the Work. If City exercises its option to implement the Artwork in Artist’s absence, any compensation paid or payable to Artist shall be reduced by the costs and expenditures of City in completion and installation of the Work. In case of incapacity exceeding 30 days, the following person shall be Artist’s representative vis-à-vis the City for purposes of this Section 6 unless otherwise directed in writing by the Artist: Section 7. APPROVAL AND FINAL ACCEPTANCE OF ARTWORK. Payment does not imply acceptance of work. The granting of any payment by City, or the receipt thereof by Artist, shall in no way lessen the liability of Artist to replace unsatisfactory work, equipment, or materials, although the unsatisfactory character of such work, equipment or materials may not have been apparent or detected at the time such payment was made. Materials, equipment, components, or workmanship that does not conform to the requirements of this Agreement may be rejected by City and in such case must be replaced by Artist without as soon as possible. 7.1 The granting or withholding of any approval by the City shall be determined by the City in its sole and reasonable discretion. However, the City shall approve all deliverables if they materially conform to plans or Contract Documents previously approved by the City. If the City withholds approval of any deliverables or Phase, in addition to other rights or remedies available to the City under the Agreement or applicable law, the City shall have the right to terminate this Agreement immediately and shall have no further obligations under this Agreement. 4.9.b Packet Pg. 107 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 5 of 7.2 Final Acceptance. Artist shall advise the City in writing when Artist has completed all obligations, services and deliverables under this Agreement and all modifications. The City promptly shall send a Notice of Response identifying in writing any obligations, services or deliverables that Artist has not satisfactorily met, any defects in Artist’s performance, and the requirements for Artist to cure any such default. Artist shall have 20 days from dispatch of the Notice of Response to cure any defects in Artist’s performance identified in the City’s Notice of Response. The Artwork shall not be officially accepted by City unless the City has issued a resolution of Final Acceptance. City shall make a good faith effort to make a determination as to Final Acceptance promptly. 7.3 Public Art Collection. Upon Final Acceptance, the City shall accession the Artwork into the Public Art Collection. Section 8. WARRANTIES/STANDARDS 8.1 Unique. Artist warrants that the design of the Artwork as expressed in the Proposal, Exhibit A, is an edition of one, and that neither Artist nor Artist’s agents will execute or authorize another to execute another work of the same or substantially similar image, design, dimensions and materials as the Artwork. In view of the intention that the installed Work shall be unique, the Artist shall not make any additional exact duplicate. However, this agreement shall not be deemed to prohibit the Artist from reusing the themes, separate elements and concepts incorporated into the Work in new works, so long as any such reuse in new works does not result in a combination which, as a whole, constitutes a work substantially similar to the Work. 8.2 Warranty of Title. Artist represents and warrants that Artist is the sole author of the Artwork and that Artist is the sole owner of any and all copyrights pertaining to the Artwork. Artist further represents that the Artwork is free and clear of any liens and that there are no outstanding disputes in connection with property rights, intellectual property rights or any other rights in the Artwork or any parts of the Artwork. 8.3 The Artist shall faithfully perform the work required under this Agreement in accordance with standards of care, skill, training, diligence, and judgment provided by highly competent professionals who perform work of a similar nature to the Work described in this Agreement. Artist shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Artist shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons, unless in the Artist's sole opinion, the skill or creativity of such person or persons is essential to the creation of the Work. 8.4 Warranty of Workmanship. The Artist shall guarantee his/her Work to be free from faults of material and workmanship for a period of one (1) year after installation and final acceptance by the City. The Artist shall deliver the Work to the City free and clear of any liens from any source whatsoever. The foregoing guarantees shall apply only to the Work that is entirely that of the Artist or persons responsible to the Artist, as installed, and shall not apply to materials or workmanship of projects in which the Work of the Artist is integrated or combined, or to materials purchased, acquired, or installed by a person or entity not responsible to the Artist. 4.9.b Packet Pg. 108 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 6 of 8.5 Warranty of Public Safety. Artist represents and warrants that the Work will not pose a danger to public health or safety in view of the possibility of misuse, if such misuse is in a manner that was reasonably foreseeable at any time during the term of this Agreement. 8.6 Warranty of Acceptable Standard of Display and Operation. Artist represents and warrants that: 8.6.1 Occasional or minimal cleaning and repair of the Artwork and any associated working parts and/or equipment will maintain the Work within an acceptable standard of public display; 8.6.2 Foreseeable exposure to the elements and general wear and tear will cause the Work to experience only minor repairable damages and will not cause the Work to fall below an acceptable standard of public display; and 8.6.3 With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Work will not experience irreparable conditions that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling. 8.7 Manufacturer’s Warranties. To the extent the Work incorporates products covered by a manufacturer’s warranty, Artist shall provide copies of such warranties to City. Section 9. MAINTENANCE OF ARTWORK 9.1 Unless specifically provided in this Agreement, Artist shall not be responsible for ongoing maintenance of the Artwork, after acceptance by the City. 9.2 Artist shall provide the City with a General Maintenance Plan for the Artwork, with a detailed description of future anticipated maintenance requirements; a recommended maintenance schedule; anticipated and required care and/or replacement/upgrade of any part of the Artwork and associated moving parts or equipment including any staff time involved in displaying or operating artwork and the frequency of such staff involvement; and written instructions and manufacturer’s specifications for reasonably foreseeable maintenance and preservation activities relating to the Artwork. 9.3 The Artwork shall be durable, taking into consideration that the installation site is an unsecured public space that may be exposed to elements such as weather, temperature variation, and considerable movement of people and equipment. Artist shall ensure that all maintenance requirements will be reasonable in terms of time and expense. 9.4 Although City strives to maintain the Public Art Collection in good repair and condition, City is not required by this Agreement to maintain the Artwork to any particular standard. City may determine to allow the Artwork to deteriorate in accordance with the Artwork’s temporary life span, if deemed appropriate by City or if City lacks sufficient funds for required maintenance and/or conservation. If the Artwork suffers deterioration, City shall have sole discretion to determine whether to remove the Artwork from display as a result of deterioration, whether to replace any portion of the Artwork or translate any component into new media, or whether to maintain the Artwork on display despite its deteriorated condition. 4.9.b Packet Pg. 109 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 7 of 9.5 The anticipated life span of the Artwork is 25 years from the date of final acceptance by the City. After that time, the City in its sole discretion may re-evaluate the Artwork to determine if it retains its identity as a work of art and, if not, whether to take appropriate action, including the possibility of destroying the Artwork. If the City determines that, through decay, vandalism or other forces, the Artwork has lost its integrity to the point where it should be destroyed, the City shall first offer the Artwork to Artist free of charge and in writing. Section 10. ARTIST’S RIGHTS; CITY’S OWNERSHIP RIGHTS 10.1 The City intends to display the Artwork as originally created by Artist in Exhibit A and to maintain the Artwork in good condition. Public artworks commissioned by the City are sometimes integrated into their site, such that they become an integral, permanent and site-specific part of the building’s architecture or landscaped environment and removal of the artwork would result in significant changes to the artwork and the building’s architecture. City, however, shall preserve complete flexibility to operate and manage City property in the public’s interest. Therefore, City retains the absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork to eliminate hazard, to comply with the ADA, to otherwise aid City in the management of its property and affairs, or through neglect or accident. If, during or after the term of this Agreement, City finds the Site to be inappropriate, City has the right to install the Artwork at an alternate location that City chooses in its sole discretion. If the Artwork is free-standing such that it can be removed without significant damage to the Artwork or the Site, and if the City authorizes the removal of the Artwork, the City shall take reasonable precautions to minimize alteration of the Artwork during removal. 10.2 With respect to the Artwork produced under this Agreement, and in consideration of the procedures and remedies specified in this Agreement, Artist waives any and all claims, arising at any time and under any circumstances, against City, its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (and 113(d)), the California Art Preservation Act Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the Artwork is incorporated into a building such that the Artwork cannot be removed from the building without alteration of the Artwork, Artist waives any and all such claims against any future owners of the site, and its agents, officers and employees, for alteration of the Artwork. 10.3 If City intends to take any action with respect to the site or the Artwork that would alter the Artwork, other than routine cleaning and maintenance, the following procedures shall apply: 10.3.1 Notice. Where time permits, City shall make reasonable good faith efforts to notify Artist at least 20 calendar days prior to authorizing any alteration of the Artwork, at the last phone number or address provided by Artist to the City’s Contract Administrator. Where time does not permit prior to alteration of the Artwork – for example, in cases of public hazard, accident or unauthorized alteration – City shall notify Artist within 30 calendar days after such alteration. 10.3.2 Consultation. After receiving such notice, Artist shall consult with City to determine whether the Artwork can be restored or relocated, and to attempt to come to a mutually agreeable plan for disposition of the Artwork. Such consultation shall be without charge by Artist unless otherwise specifically agreed in writing. If City intends to remove the Artwork, 4.9.b Packet Pg. 110 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 8 of Artist shall consult regarding methods to minimize or repair any Alteration to the Artwork caused by such removal and the potential costs of such removal. 10.3.3 Restoration. If the Artwork is altered, with or without prior notice to Artist, and City intends to maintain the Artwork on display, City shall make a reasonable good faith effort to engage Artist in the restoration of the Artwork and to compensate Artist for Artist’s time and efforts at fair market value, which may be the subject of a future Agreement between Artist and City. However, City has no obligation under this Agreement to restore the Artwork to its original condition, to compensate Artist for any restoration work, or to maintain the Artwork on display. If Artist fails or refuses to negotiate with City in good faith with respect to any restoration, City may contract with any other qualified art conservator or artist for such restoration. During Artist’s lifetime, City shall make best efforts not to display or de-accession only a portion of the Artwork without Artist’s consent. 10.3.4 Removal by Artist. Where time permits, if City intends to take action that will destroy or significantly alter the Artwork, such as destruction of all or part of the site, and City determines that it will not remove the Artwork itself, City shall allow Artist to remove the Artwork at Artist’s expense within 60 days of notice from the City of the need to remove the Artwork, in which case title shall revert to Artist. If Artist fails to remove the Artwork within that 60 day period, City may alter the Artwork in any manner, including destroying it, in City’s sole discretion. 10.3.5 Remedies. If City breaches any of its obligations under this Section, Artist’s remedies shall be limited as follows: If City inadvertently fails to provide a required prior notice of alteration, City will provide notice as soon as it discovers the omission, and before alteration of the Artwork if that remains possible. If City alters the Artwork without providing Artist a required prior notice of alteration, Artist shall be given the first right of refusal to restore the Artwork at the same location and City shall make reasonable efforts to provide funding for the restoration. If City funds cannot be made available after reasonable efforts are made to secure such funding, Artist may, but is not obligated to, restore the Artwork at Artist’s expense. If Artist elects not to restore the Artwork, City may retain another artist or conservator to restore it, or may Alter the Artwork in any manner, at City’s sole discretion. 10.4 If City alters the Artwork without Artist’s consent in a manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim authorship of the Artwork in accordance with California Civil Code 987(d) and 17 U.S.C. §106A(a)(2). 10.5 Except as provided in this Agreement, with respect to third parties who are not officers, employees, agents, successors or assigns of City, Artist retains Artist’s moral rights in the Artwork, as established in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 and 989), or any other local, state, federal or international moral rights laws that protect the integrity of works of art. Accordingly, nothing herein shall prevent Artist from pursuing a claim for alteration of the Artwork against a third party who is not an officer, employee, agent, successor or assign of City. City has no obligation to pursue claims against third parties to remedy or prevent alteration of the Artwork. However, as owner of the Artwork, City may pursue claims against third parties for damages or to restore the Artwork if the Artwork has been altered without City’s authorization. 4.9.b Packet Pg. 111 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 9 of Section 11. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS 11.1 Copyright. Subject to usage rights and licenses granted to City hereunder, Artist shall retain all 17 U.S.C. §106 copyrights in all original works of authorship produced under this Agreement. Artist’s copyright shall not extend to predominantly utilitarian aspects of the Work, such as landscaping elements, furnishings, or other similar objects. If Artist is comprised of two or more individual persons, the individual persons shall be deemed joint authors of the Work. 11.2 City’s Intellectual Property License. Artist grants to City, and to City’s agents, authorized contractors and assigns, an unlimited, non-exclusive and irrevocable license to do the following with respect to the Work, the Artwork, and any original works of authorship created under this Agreement, whether in whole or in part, in all media (including electronic and digital) throughout the universe: 11.2.1 Implementation, Use and Display. City may use and display the Work (to the extent the Work includes graphic representations or models) and the Artwork. To the extent the Work involves design elements that are incorporated by City into the design of the site, City may implement such elements at the site. 11.2.2 Reproduction and Distribution. City may make and distribute, and authorize the making, display and distribution of, photographs and other 2-dimensional reproductions. City may use such reproductions for any City-related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, gifts for City benefactors, documentation of City’s Public Art Collection, and catalogues or similar publications. City shall ensure that such reproductions are made in a professional and tasteful manner, in the sole and reasonable judgment of the City. The proceeds from the sale of any such reproductions shall be used to maintain and support City’s Public Art Collection or for any other public purposes that City deems appropriate. The license granted hereunder includes the right to create 2-dimensional reproductions on items such as tote-bags, T- shirts, coffee mugs and similar merchandise. Nothing hereunder shall be construed to constrain Artist from creating posters, note cards, or other reproductions of the Artwork with appropriate credit to the City. 11.2.3 Public Records Requests. Any documents provided by Artist to City are public records and City may authorize third parties to review and reproduce such documents pursuant to public records laws, including the San Francisco Sunshine Ordinance and California Public Records Act. 11.3 Third Party Infringement. The City is not responsible for any third-party infringement of Artist’s copyright and not responsible for protecting the intellectual property rights of Artist. 11.4. Credit. All reproductions by the City, as potentially identified in 11.2.2 and any/all others, shall contain a credit to the Artist and a copyright notice substantially in the following form: “Copyright © Gordon Huether + Partners, Inc., with the date of the installation and location of the original listed as Dublin, California Public Safety Complex.” The Artist shall use his/her best efforts to include a credit reading substantially "An original work commissioned by the City of Dublin, California" in any public showing under the Artist's control of reproductions of the Work. 4.9.b Packet Pg. 112 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 10 11.5 Publicity. City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the Artwork including all advertising and promotional materials regarding City or the City. The City grants the Artist right to use the City’s name and biography for noncommercial purposes in connection with this work. Artist shall be reasonably available to attend any inauguration or presentation ceremonies relating to the public dedication of the Artwork. 11.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark or trade dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress. 11.7 Resale Royalty. If City sells the Artwork as a fixture to real property, and if the resale value of the Artwork is not itemized separately from the value of the real property, the parties agree that the resale price of the Artwork shall be presumed to be less than the purchase price paid by City under this Agreement. Thus, City has no obligation to pay resale royalties pursuant to California Civil Code §986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an individual piece, separate from or itemized as part of a real property transaction, City shall pay to Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork. 11.8 If for any reason the proposed design is not implemented, all rights to the proposed artwork shall be retained by the Artist. The City shall have no right to implement the proposed artwork, whether or not protected by copyright, unless and until the City and the Artist enter into a subsequent agreement for the implementation of the proposed design. Section 12. OWNERSHIP OF RESULTS AND RISK OF LOSS 12.1 Title Transfer. Except in the case of early termination of this Agreement, title to the Artwork shall transfer from Artist to City upon the City’s Final Acceptance of the Artwork. Title transfer shall be self-executing upon City’s Final Acceptance and Artist receipt of all compensation due under this agreement. Artist will cooperate in providing to City any title transfer documents City may request or require during or after the Term of this Agreement. 12.2 Risk of Loss. The risk of loss or damage to the Artwork shall be borne solely by Artist until Final Acceptance of the Artwork by the City. Artist shall take steps to protect the Artwork from loss or damage. The City staff shall make a good faith effort to inspect the Artwork within 15 days after completion so that the City can approve the Artwork by resolution in a timely fashion. 12.3 Ownership of Documents. Conceptual Design, Design Development Documents, Construction Documents, Samples, Mock-ups and all other documents prepared and submitted by Artist to the City pursuant to this Agreement shall belong to the City. Artist may retain originals of such documents and items and provide copies to City. Section 13. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Artist, at its own cost and expense, shall procure "occurrence coverage" insurance 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 Artist and its agents, representatives, employees, and subcontractors. Artist 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 to the City. Artist 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 Artist's bid. Artist shall not allow any subcontractor to commence work on any subcontract until Artist has obtained all insurance required herein for the subcontractor(s) and provided 4.9.b Packet Pg. 113 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 11 evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 13.2 Commercial General and Automobile Liability Insurance. 13.2.1 General requirements. Artist, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, TWO MILLION DOLLARS ($2,000,000.00) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement. 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 the use of owned and non-owned automobiles. 13.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 (“any auto”). No endorsement shall be attached limiting the coverage. 13.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Artist, including the insured’s general supervision of Artist; products and completed operations of Artist; premises owned, occupied, or used by Artist; and automobiles owned, leased, or used by the Artist. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Artist to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.9.b Packet Pg. 114 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 12 e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Artist shall notify City within 14 days of notification from Artist’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 13.3 All Policies Requirements. 13.3.1 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. 13.3.2 Verification of coverage. Prior to beginning any work under this Agreement, Artist shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 13.3.3 Subcontractors. Artist shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 13.3.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 13.3.5 Deductibles and Self-Insured Retentions. Artist shall disclose to and obtain the 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. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Artist may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self- insured retention levels with a requirement that Artist procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 13.3.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Artist shall provide written notice to City at Artist’s earliest possible opportunity and in no case later than five days after Artist is notified of the change in coverage. 13.4 Remedies. In addition to any other remedies City may have if Artist 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 Artist’s breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 4.9.b Packet Pg. 115 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 13 Order Artist to stop work under this Agreement or withhold any payment that becomes due to Artist hereunder, or both stop work and withhold any payment, until Artist demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 14. INDEMNIFICATION AND ARTIST’S RESPONSIBILITIES. Artist shall indemnify, defend with counsel mutually selected by the City and Artist, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Artist or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Artist shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Artist or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Artist to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Artist from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Artist acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Artist or any employee, agent, or subcontractor of Artist providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Artist shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Artist or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 15. STATUS OF ARTIST AS INDEPENDENT CONTRACTOR. 15.1 Independent Contractor. At all times during the term of this Agreement, Artist shall be an independent contractor and shall not be an employee of City. City shall have the right to control Artist only insofar as the results of Artist's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Artist accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Artist 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. 15.2 Nothing contained in this Agreement shall be construed as limiting the right of Artist to engage in his/her profession separate and apart from this Agreement so long as such activities do not interfere with the performance by Artist of his/her obligations as set forth in this Agreement. 4.9.b Packet Pg. 116 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 14 15.3 Artist No Agent. Except as City may specify in writing, Artist shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Artist shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 16. LEGAL REQUIREMENTS. 16.1 Governing Law. The laws of the State of California shall govern this Agreement. 16.2 Compliance with Applicable Laws. Artist and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 16.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Artist and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 16.4 Licenses and Permits. Artist represents and warrants to City that Artist 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. Artist represents and warrants to City that Artist 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, Artist and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 16.5 Nondiscrimination and Equal Opportunity. Artist shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, 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 Artist under this Agreement. Artist shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Artist thereby. Section 17. TERMINATION AND MODIFICATION. 17.1 Termination. City may cancel this Agreement at any time and without cause upon thirty (30) days written notification to Artist. Artist may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Artist shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Artist delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Artist or prepared by or for Artist or the City in connection with this Agreement. 4.9.b Packet Pg. 117 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 15 17.2 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. Artist understands and agrees that, if City grants such an extension, City shall have no obligation to provide Artist 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 Artist for any otherwise reimbursable expenses incurred during the extension period. 17.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 17.4 Assignment and Subcontracting. City and Artist recognize and agree that this Agreement contemplates personal performance by Artist and is based upon a determination of Artist’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 Artist. Artist may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Artist shall not subcontract any portion of the performance contemplated and provided for herein, excepting the fabrication and installation of the work, without prior written approval of the Contract Administrator, which approval will not be unreasonably withheld. 17.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Artist shall survive the termination of this Agreement. 17.6 Options upon Breach by Artist. If Artist materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 17.6.1 Immediately terminate the Agreement; 17.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Artist pursuant to this Agreement; 17.6.3 Retain a different Artist to complete the work described in Exhibit A not finished by Artist; or 17.6.4 Pursue any other remedy available in law or equity. Section 18. KEEPING AND STATUS OF RECORDS. 18.1 City Access to Artwork; Inspection of Work and Artwork. City shall have the reasonable right to, at its sole expense, inspect the Work, including the Artwork, at the fabrication Site during any phase of the project at any time. In the event that all or part of the Work is created in a location other than the Site, the City shall have the right to inspect the Work, including the Artwork, at any phase of the project following 48 hours written notice from the City to the Artist. The Artist shall be responsible for facilitating City’s prompt access to Artist’s property or the property of the Artist’s subcontractors where the Work or portions of the Work are being fabricated or installed. 18.2 Status Reports. Artist shall submit written reports regarding the status of the Work, including the Artwork, as may be reasonably requested by the City. The City shall determine the format for the content of such reports. The timely submission of all reports is a necessary and material term and 4.9.b Packet Pg. 118 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 16 condition of this Agreement. The reports, including any copies, shall be submitted on recycled paper and printed on double-sided pages to the maximum extent possible. 18.3 Artist Availability. Artist or Artist’s authorized agent shall be available at Artist’s sole expense for up to 2 visits to Dublin to ensure the proper installation and operation of the Artwork. During each visit to Dublin, Artist shall dedicate a reasonable amount of time to accomplish the task agreed upon by the City and the Artist. 18.4 Records Created as Part of Artist’s Performance. With the exception of model submitted with initial proposal, 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 Artist prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Artist 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 Artist 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. It is also agreed that proposal model remains property of the Artist and will be returned to Artist after the finished sculpture is installed. 18.5 Artist’s Books and Records. Artist 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 three (3) years, or for any longer period required by law, from the date of final payment to the Artist to this Agreement. 18.6 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Artist 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 TEN THOUSAND DOLLARS ($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 three (3) years after final payment under the Agreement. Section 19. MISCELLANEOUS PROVISIONS. 19.1 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. 19.2 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. 19.3 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. 4.9.b Packet Pg. 119 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 17 19.4 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. 19.5 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. 19.6 Use of Recycled Products. Artist 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. 19.7 Conflict of Interest. Artist may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Artist in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Artist 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 Sections 1090 et seq. Artist hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Artist was an employee, agent, appointee, or official of the City in the previous twelve months, Artist warrants that it did not participate in any manner in the forming of this Agreement. Artist understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Artist will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Artist will be required to reimburse the City for any sums paid to the Artist. Artist understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 19.8 Solicitation. Artist agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 19.9 Contract Administration. This Agreement shall be administered by the City Manager or his/her designee ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 19.10 Notices. Any written notice to Artist shall be sent to: Gordon Huether, Owner Gordon Huether + Partners, Inc. 1821 Monticello Road Napa, CA 94558 707-255-5954 gh@gordonhuether.com www.gordonhuether.com 4.9.b Packet Pg. 120 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Public Art Agreement between the November 20, 2018 City of Dublin and Gordon Huether + Partners, Inc. Page 18 Any written notice to City shall be sent to: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 925) 833-6645 19.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 19.12 Integration. This Agreement, including the proposal, scope of work, and payment schedule attached hereto and incorporated herein as Exhibits A, B and C, represents the entire and integrated agreement between City and Artist and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN ARTIST Chris Foss, City Manager Gordon Huether, Owner Gordon Huether + Partners, Inc. Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney 3073454.1 4.9.b Packet Pg. 121 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art EXHIBIT A PROPOSAL Attached is Artist’s Proposal at the time of the Agreement date. Proposal” shall mean the proposed visual, aesthetic, and artistic intent and design of the Artwork incorporated in the Contract Documents approved by the Dublin City Council. The most recent design approved by the Dublin City Council is incorporated herein by reference and is binding unless or until changes are approved by resolution of the Dublin City Council. Artist’s Proposal shall be automatically superseded by any Contract Documents that are later approved by the City Council. Artist’s proposal will be developed, fabricated and installed in accordance with Exhibit B: Scope of Work. 4.9.b Packet Pg. 122 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art gordon huether studio art matters 1 DUBLIN PUBLIC SAFETY COMPLEX PUBLIC ART PROPOSAL FOR A MONUMENTAL SCULPTURE AUGUST 2018 4.9.b Packet Pg. 123 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio art matters 2 design fabricate install 4.9.b Packet Pg. 124 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters3 Inspiring humanity by bringing beauty and meaning into the world through art. mission statement 4.9.b Packet Pg. 125 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio art matters 4 75+ public art awards 175+ private commissions 30 years experience in designing, fabricating, and installing large-scale, permanent, site specific art installations in a variety of media and applications the artist Skilled artisans and fabricators Digital and graphic design Project Management Project Development the team 15,000 square foot studio Glass Studio Metal Studio Wood Studio Gallery Space Adminstrative Offices the studio++ 4.9.b Packet Pg. 126 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters5 creative philosophy tell a story create a sense of place site specific beautiful + inspiring finely crafted meaningful + relevant 4.9.b Packet Pg. 127 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters6 approach exploration research collaboration refinement fabrication installation conceptual development 4.9.b Packet Pg. 128 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters7 project goals | dublin public safety complex Create artwork inspired by the core values of commitment, integrity, honor, and trust Convey a sense of community, culture, heritage, history, and positive impact reflective of the Public Safety mission Encourage visibility and visitation for the walking and biking community Create artistic enhancements which complement architecture, style, scale, medium and integrity of complex and surrounding neighborhoods Use materials that require minimal maintenance and withstand local environment 4.9.b Packet Pg. 129 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters8 proposal narrative | dublin public safety complex I believe my years of experience and past achievements have provided me with the understanding, ability, and insight to fully meet the expectations and goals for the monumental sculpture at the Dublin Public Safety Complex. I have had the honor and privilege of creating public artwork for a number of police and fire departments across the United States,including installations for the new Oklahoma City,OK Police Department Headquarters,Houston,TX Midwest Police Department,San Jose,CA Fire Station 17 as well as an installation for the San Jose,CA police department.These experiences instilled in me a deep appreciation for the valor, leadership and bravery exhibited by members of the police and fire forces and the importance of the relationship between first responders and the communities they serve. I believe public art in civic settings is capable of creating a space for communication and understanding among civil servants and diverse members of the community. I understand that the Public Safety Complex sits in a walkable area that is close to the Dublin Civic Center as well as Downtown Dublin,both of which are close to dynamic residential neighborhoods.The art installation I have proposed conveys the eclecticism and excitement of the diverse community,as well as the ideals and positive message of the Public Safety mission.The work I present for your review will facilitate community relationships,provide a warm and welcoming space for visitors,and complement and illuminate the architectural qualities of the Public Safety Complex through graceful abstraction, material and synergy. My proposal for the exterior plaza embodies the symbol of the remembrance ribbon and and seeks to demonstrate the strength and dedication that our first responders bring to the community without hesitation.The graceful curvature of this 17-foot tall sculpture,inset with lively,colorful dichroic glass, complements the flying architectural lines of the building, and will incorporate seamlessly within the circular plaza, creating a visual poetic dialogue between the landscape and the architecture.The abstracted ribbon provides a welcoming,inviting sense of place that will attract visitors,both on foot and on bicycle,and allow them to interact with the dynamic shape and colors of the sculpture.The blue and red dichroic glass inset in the aluminum is a metaphor for the line that separates order from lawlessness.The gleaming brushed aluminum and the vibrant properties of dichroic glass will enliven the plaza entrance throughout the day and evening,without being a distraction to those driving by on Dublin Boulevard and Clark Avenue.The words Commitment, Honor,Integrity and Trust”will complete the sculpture by reminding the public of the mission and values for both the Fire and Police Departments. Thank you again for the opportunity to share my proposal for the Dublin Public Safety Complex in Dublin,California.This is an exciting and important project, and it would be a great honor to work with this community to fulfill the vision for this meaningful public art. 4.9.b Packet Pg. 130 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters9 dublin public safety complex | plaza sculpture Honoring the duality of purpose for both police and fire Synergistic approach: celebrate the cooperation of the two organizations for the best combined public safety efforts Create a welcoming, common ground for diverse communities to come together 4.9.b Packet Pg. 131 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters10 dublin public safety complex | plaza sculpture 4.9.b Packet Pg. 132 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters11 inspiration | public safety awareness Universally recognized Symbol of Honor Awareness and respect for a civil society Awareness and respect for the contributions of first responders 4.9.b Packet Pg. 133 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters12 dublin public safety complex | site plan 4.9.b Packet Pg. 134 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters13 renderings | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 135 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters14 renderings | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 136 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters15 renderings | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 137 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters16 renderings | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 138 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters17 renderings | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 139 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters18 renderings | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 140 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters19 renderings | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 141 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters20 renderings | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 142 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters21 renderings | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 143 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters22 dublin public safety complex | site plan 4.9.b Packet Pg. 144 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters23 renderings | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 145 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters24 Gordon Huether + Partners 2018 renderings | plaza sculpture 4.9.b Packet Pg. 146 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters25 Gordon Huether + Partners 2018 renderings | plaza sculpture 4.9.b Packet Pg. 147 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters26 Gordon Huether + Partners 2018 renderings | plaza sculpture 4.9.b Packet Pg. 148 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters27 Gordon Huether + Partners 2018 renderings | plaza sculpture 4.9.b Packet Pg. 149 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters28 renderings - night | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 150 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters29 renderings - night | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 151 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters30 renderings - night | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 152 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters31 renderings - night | plaza sculpture Gordon Huether + Partners 2018 4.9.b Packet Pg. 153 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters32 Dichroic Glass Dichroic means ‘’two colored’’ and is derived from the Greek words ‘’di’’ for two and ‘’chroma’’ for color. Dichroic glass and acrylic are extremely light sensitive and highly reflective, with fantastic multi- colored and reflective properties. Light transmitted through a dichroic surface will appear to be one color and light reflected from it will appear as a complementary color. As the angle at which the dichroic is viewed changes, the colors that are transmitted and reflected also change. materials 4.9.b Packet Pg. 154 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters33 Stainless Steel Stainless steel is a lightweight, highly conductive, reflective and non-toxic metal that can be easily machined.The metal’s durability and numerous advantageous properties make it an ideal material for public art applications. materials 4.9.b Packet Pg. 155 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters34 specifications | plaza sculpture 17'-2"3'-11 1/ 8"2"15'- 11 3/ 8"8'- 5/8"STAINLESS STEEL BODY 4.9.b Packet Pg. 156 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters35 specifications | plaza sculpture 10 1/8"11 1/ 4" 3'- 0" 17'- 2"15'- 11 3/ 8"8'-5/ 8"1"DICHROIC 4.9.b Packet Pg. 157 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters36 The internal structure of the sculpture will be fabricated from square tube,final sizing to be determined during design development phase in coordination with California certified engineer. The words on the pedestal will be waterjet-cut aluminum mechanically fixed to the concrete. Rolling the necessary tube to the proper shape using a CNC guided tube bender will create the curves of the internal structure. Internal trussing will be located within the structure to add strength as specified by an engineer during the design development phase. The internal structure of the blades will be clad with aluminum sheet with appropriate gauge thickness to be determined during design development phase in coordination with California certified engineer to give a solid appearance. The exterior aluminum sheet will be attached with welding and structural grade aluminum adhesives as specified by the engineer during the design development phase. Exterior stainless steel will have a brushed finish applied. Safety laminated dichroic glass will be cut at the appropriate diameter to create curvature that follows the sculpture’s shape. Glass will have mounting holes drilled for mechanical fastening to the mounting channel. Glass components of the blades are approximately 8’H x 12”W x 75”D. For glass mounting purposes, a channel will be cut through the sculpture structure and holes will be drilled to allow for mounting of glass components. During installation, glass components will be mechanically fastened and adhered to the mounting channel with a structural grade silicone. A 1”thick baseplate will be welded at the base of the sculpture for mounting purposes.Engineer will confirm final dimensions of baseplate during design development phase.) Baseplate will have mounting holes for securing to a concrete foundation.Engineer will determine the size and number of anchor holes during design development phase.) Please note: Dimensions, fabrication, site prep and installation details are for proposal purposes only, and may be subject to modification during design development and/or engineer review. fabrication | plaza sculpture 4.9.b Packet Pg. 158 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters37 site preparation | plaza sculpture It is understood that Client is responsible for site preparation.Gordon Huether Studio GHS)will collaborate with Client on site preparation in the following manner: GHS will provide all necessary calculations and information to Client to ensure that Client’s contractors will be able to prepare the site appropriately for the proper acceptance of artwork. GHS will collaborate with all necessary parties throughout all stages of site preparation. GHS will provide recommendations for preparing a foundation that can be integrated into the current site plan. 4.9.b Packet Pg. 159 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters38 Please note: Dimensions,fabrication, site prep and installation details are for proposal purposes only, and may be subject to modification during design development and/or engineer review. installation | plaza sculpture Prior to setting an installation date, GHS will make a site visit to ensure that the site is ready for installation. Upon confirmation that the site is ready for installation, GHS will ship sculpture as a dedicated truckload to site. GHS will arrive one day prior to delivery of sculpture to accept required equipment and prepare site for delivery of sculpture. A crane with operator,40 ft articulating boom lift,generator and miscellaneous hand tools will be required for installation. When truck arrives on site with sculpture at scheduled time, GHS, with crane operator, will rig the sculpture for lifting and setting on foundation. As soon as truck is unloaded, it will demobilize from site. Once sculpture is set on foundation, GHS will drill holes and set anchor bolts to the appropriate size and embedment depth,as determined by engineer).Setting anchor bolts after sculpture is set on foundation helps prevent anchors from being set improperly during the pouring of the foundation and allows for slight adjustment if needed during installation. GHS will then secure sculpture with the anchor bolts to foundation. Once sculpture is secured to the foundation, crane and operator will demobilize. GHS will use articulating boom lift to set dichroic glass into the predetermined locations on sculpture. Each piece of glass will be secured within the mounting channel with mechanical fasteners as well as structural grade silicone. Glass will be cleaned as it is installed. All aluminum components will be cleaned and polished. Site will be cleaned and all equipment demobilized. GHS will demobilize. 4.9.b Packet Pg. 160 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters39 estimated budget | plaza sculpture BUDGET ITEM ESTIMATED COST Artist Fee $60,000 Project Managment $16,800 Design Management, Engineer Coordination, Material Purchasing, Fabrication Scheduling and Coordination, Site Work Coordination,Shipping Coordination,Equipment Coordination,Installation Coordination Client Communications, General Project Oversight Digital Design $7,000 Renderings,Digital Modeling,Shop Drawings,etc.GHS staff) Engineering $13,800 Fabrication | Materials $103,600 Stainless Steel,Glass,Hardware,Plaque,etc. Fabrication | Labor $64,400 Material Prep,Welding,Water Jet Cutting,Stainless Steel Tube Rolling,Glass Lamination, Glass Drilling, Assembly, Polishing, etc. Shipping $6,800 Crating,Permitting,Dedicated Truckload Delivery Installation $27,600 Equipment,Crane and Operator,Installation,Labor TOTAL ESTIMATED BUDGET $300,000 4.9.b Packet Pg. 161 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters40 budget note | plaza sculpture In determining project budgets, GHS considers contingency, insurance, studio space and other administrative costs to be part of our business overhead.The proposed budget reflects this consideration. Estimated budget is for proposal purposes only, and may be subject to modification during design development and/or engineer review. Due to the fluctuating costs of project materials and other elements, the proposed budget is valid for 90 days from date of presentation, only. After 90 days, if a contract is not yet executed, proposed design will need to be re-assessed to account for any increase in costs. 4.9.b Packet Pg. 162 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters41 estimated timeline | plaza sculpture Task/Phase Estimated Duration Design Development 6 - 8 weeks Fabrication 12 - 16 weeks Crating + Shipping 1 - 2 weeks Installation 5 - 7 days TOTAL 20 27 weeks Note: Timeline commences at execution of contract between GHS and client and will be established according to contractual agreement. 4.9.b Packet Pg. 163 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters42 maintenance plan | plaza sculpture The only maintenance required will be occasional washings with a mild detergent to remove any possible soiling. GHS suggests cleaning sculpture twice a year initially,to determine if frequency of washing should be increased or decreased. 4.9.b Packet Pg. 164 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters43 past work 4.9.b Packet Pg. 165 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters44 IN HONOR OF THE FALLEN OKLAHOMA CITY POLICE HEADQUARTERS 2015 | ALUMINUM,DICHROIC GLASS,FUSED GLASS 18’DIA,70’PATHWAY 4.9.b Packet Pg. 166 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters45 NAPA 9/11 MEMORIAL CITY OF NAPA,CA 2013 | SALVAGED STEEL BEAMS,GLASS 25’H X 25’D 4.9.b Packet Pg. 167 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters46 UP WE GO YOUNTVILLE,CA | 2017 | EXTRUDED ALUMINUM,DICHROIC GLASS 20’H X 6’W 4.9.b Packet Pg. 168 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters47 GLOBUSSPHARE LOSSBURG,GERMANY | 2009 |STAINLESS STEEL,PYREX,DICHROIC GLASS,BORO-ARTISTIC GLASS RODS 16’DIA 4.9.b Packet Pg. 169 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters48 PORTAL TOLEDO,OH 2013 | ALUMINUM 14’H X 14’W X 4’D 4.9.b Packet Pg. 170 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio artmatters49 SILVER TWIST BURBANK, CA 2010 STAINLESS STEEL AND DICHROIC GLASS 14’H X 5.5’W X 4’D 4.9.b Packet Pg. 171 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety gordon huether studio art matters 50Thank You 4.9.b Packet Pg. 172 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety EXHIBIT B SCOPE OF WORK SCHEDULE FOR COMPLETION OF WORK. The following fabrication schedule shall be adhered to in the performance of the work. During the term of this Agreement, the City Project Manager must approve Artist’s work at each phase of development before the Artist proceeds to the next phase. The City Project Manager for this Agreement is: Tegan McLane Heritage and Cultural Arts Manager 100 Civic Plaza Dublin, CA 94568 925) 556-4565 tegan.mclane@dublin.ca.gov EXECUTION OF CONTRACT – 10% Overall DELIVERABLES: DUE DATE: 1. Fully Executed Contract 2. Evidence of All Required Insurance, Dublin Business License November 30, 2018 (Est.) November 30, 2018 PHASE I: ENGINEERING – 25% Overall The scope of work under this phase includes completion of engineering documents for the Artwork. Artist shall participate in in-person meetings, conference calls, etc. with the Public Safety Complex Design and Construction Team as needed to incorporate Artwork into the project construction documents and landscape architecture design. The Artist shall work with a California-licensed engineer to provide the City with stamped drawings for the Artwork and its incorporation into existing front-of-building landscaping. Phase shall be considered complete when stamped engineering documents are received by the City Project Manager. Payment may be released earlier than the date specified should the Phase be deemed complete. 4.9.b Packet Pg. 173 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art DELIVERABLES: DUE DATE: 1. Engineered Drawings 2. Final Dimensional Design Documents for Integration with Construction Documents 3. Material Samples and/or Mock Ups as Requested by Design Team 4. Artist’s Confirmation via e-mail that Architect’s Design Development and/or Construction Documents accurately integrate of Artist’s Proposal within the Site and provide the City and Architect with written comments and/or corrections. January 15, 2019 (Est.) January 15, 2019 (Est.) December 1, 2018 (Est.) January 15, 2019 (Est.) PHASE II: LETTERING & FOUNDATION FABRICATION - 45% Overall The scope of work under this phase includes completion of the art foundation and lettering. Artist shall participate in in-person meetings, conference calls, etc. with Developer’s Design and Construction Team as needed to incorporate Artwork into the project construction documents and park design, Artist shall coordinate his/her communications with the Developer through the City Project Manager, copying the City Project Manager on all correspondence. The preparation of the Site for installation of the Artwork shall be the responsibility of the Developer in accordance with a separate written agreement between City and the Developer. The City shall be responsible for providing electrical conduit to the point of the artwork, but not for installing the artwork lighting. Working in cooperation with the Developer, Artist’s concrete sub will complete the plinth, which is considered part of the Artwork, in preparation for installation of the sculpture. Notwithstanding the foregoing, City agrees to obtain a change-order quote from its own contactor for the concrete portion of the work. Should Artist and City mutually choose to have the City issue a change order and use City’s contractor for the concrete plinth, Artist’s compensation as set forth in Exhibit C pertaining to Phase II-Lettering and 4.9.b Packet Pg. 174 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Foundation, shall be reduced by the amount of the change-order. If Artist and City exercise this option, the City will pay its contractor directly. Phase will be considered complete when satisfactory inspection reports have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete. Artist shall take reasonable means to protect improvements on the site during the course of the Artist’s work. Artist is responsible for cleaning up after their work and properly disposing of any debris generated by their work. DELIVERABLES: DUE DATE: 1. Waterjet cut lettering 2. Concrete and electrical work complete 3. Progress Report to indicate any potential change to installation timeline. January 30, 2019 (Est.) February 28, 2019 (Est.) February 28, 2019 (Est.) PHASE III: SCULPTURE FABRICATION MIDPOINT - 60% Overall The scope of work under this phase includes obtaining all raw materials and cutting/preparing them for fabrication: Artist will purchase and receive all materials for sculpture fabrication. Artist will have all tubing for internal structure rolled to specified shapes. Artist will have all tubing for internal structure cut to specified sizes. Artist will have dichroic glass panels will be cut to specified size and safety laminated. Artist will fabricate the sculpture, addressing any concerns previously noted by the City. Artist will keep the City apprised with monthly email progress reports. Artist will facilitate a Studio visit from any City officials who wish to see the work in progress. This applies only to portions being fabricated in the Artist’s Studio. 4.9.b Packet Pg. 175 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete. DELIVERABLES: DUE DATE: 1. Photo documentation of the sculpture fabrication benchmarks. 2. Progress Report to indicate any potential change to project timeline. July 1, 2019 (EST.) July 1, 2019 (EST.) PHASE IV: SCULPTURE FABRICATION COMPLETE – 75% The scope of work under this phase includes completion of the sculpture and preparations for installation. Artist shall complete the sculpture, including, if agreed upon separately, fabrication of spare dichroic glass panels. Both parties understand and agree that fabrication of spare dichroic glass panels is not part of the scope of this agreement, and it will only be completed if there is a separate agreement and compensation negotiated and executed. Artist will the City apprised with monthly email progress reports. Artist shall create with the City Project Manager and Developer an installation plan indicating the staging and sequence of all aspects of installation. The Installation Plan must include a detailed description of the estimated duration of installation, the equipment to be used, and all workers who will be on site to assist. Artist shall work cooperatively with the City to draft Artist Statement, which is to be incorporated into the plaque installed at the site. The City requires that all signage to be displayed on City property adhere to conventionally accepted spelling and punctuation, proper grammar and City style preferences, as determined by the City of Dublin Public Information Officer. Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete. 4.9.b Packet Pg. 176 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art DELIVERABLES: DUE DATE: 1. Delivery and Installation Plan developed with City Project Manager and Design Team 2. City approval of an Artist Vision Statement and signage text. 3. City Project Manager’s onsite inspection of the sculpture at Gordon Huether Studio and signoff. 4. Progress Report to indicate any potential change to installation timeline. September 30, 2019 EST) October 1, 2019 (EST.) November 1, 2019 (EST.) November 1, 2019 (EST.) PHASE V: INSTALLATION & CLOSEOUT – 100% The scope of work under this phase includes installation of the sculpture and plaque: Artist shall prepare the Artwork for transportation in accordance with customary industry standards for the transportation of fine works of art. If necessary, City shall provide Artist with an adequate no-fee storage location for the Artwork. Storage will be at the Artist’s risk and covered by his insurance. If necessary, Artist shall provide for the transportation of the Artwork from storage to the installation site. Artist shall not transport the Artwork until access to the Site has been approved and scheduled by the Contract Administrator. Artist shall coordinate with the City, the Developer and General Contractor prior to and during the installation of the Artwork. Artist shall coordinate Artist’s activities on site with the Developer and General Contractor through the Construction Management Team and/or the City staff. 4.9.b Packet Pg. 177 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Artist shall take reasonable means to protect improvements on the site during the course of the Artist’s work. Artist is responsible for cleaning up after their work and properly disposing of any debris generated by their work. Artist shall supply all hardware necessary for installation. Artist shall provide and install all lighting fixtures necessary to illuminate the sculpture and lettering. Where Artist’s Artwork is associated with that of the General Contractor, or any other Contractor engaged by the Developer to do work on the Site, Artist shall examine the work of such other Contractor and report in writing to the City and Developer any visible defect or condition preventing the proper execution of Artist’s Work. If Artist proceeds without giving notice, the Artist shall be held to have approved the work or material and the existing conditions, and shall be responsible for any defects in Artist’s own Work consequent thereon, and shall not be relieved of any obligation or any guarantee because of any such condition or imperfection. To the extent that any part of the Artist’s Artwork is to interface with work performed or installed by the General Contractor or other Contractor engaged by Developer to perform work on the Site, Artist shall inspect and measure the in-place work and promptly report to the City and Developer any defect in such in-place work that will impede or increase the cost of Artist’s interface unless corrected. City and/or its authorized representatives will require the party responsible for the defective work to make corrections so as to conform to its contract requirements, or if the defect is the result of a default or omission in the contract documents, may issue a change order. If Artist fails to measure, inspect and/or report defects that are reasonably discoverable, all costs of accomplishing the interface shall be borne by Artist. The forgoing does not apply to latent defects. Artist shall report to City any latent defects in another Contractor’s work at any time such defects become known. City or its authorized representatives shall promptly thereafter take such steps as may be appropriate. Any difference or conflict that may arise between Artist and Developer, General Contractor, or other Contractors engaged by City to perform work on the Site, shall be adjusted as determined by City, its agents, or its authorized representatives when necessary to facilitate the work of Artist and/or other Contractors or workers. Damages or claims by Artist are allowed only when a delay in the completion or installation of the work results from 1) the negligence or intentional act or omission of Contractors or workers other than the Artist, or 2) issues are discovered at the installation 4.9.b Packet Pg. 178 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art site, that were not discoverable during the site visit. Any change order for an extension of time must be for a period of time mutually agreed upon by the City and Artist. Artist shall deliver all information necessary for the City to properly care for and maintain the Artwork, including information regarding the physical make-up of the Artwork, methods and materials, and information about the artistic intent of Artist in the Design, Fabrication and Installation of the Artwork Phase will be considered complete when all deliverables have been received by City Project Manager. Artist is invited, but not required, to attend artwork dedication in conjunction with the Building opening event. Artist will be given at least three months’ notice of the selected Building Opening date. While every effort will be made to coordinate with the Artist’s schedule, the Building Opening event will not be rescheduled in the event that the Artist is unable to attend on the selected date. DELIVERABLES: DUE DATE: 1. Successful installation of Artwork. 2. Final inspection of the Artwork immediately after installation. 3. Final inspection by the City of Dublin and closed permits. 4. Receipt of Artwork Maintenance Records November 30, 2019 (EST) November 30, 2019 (EST) Within 30 Days of Installation Within 30 Days of Installation 4.9.b Packet Pg. 179 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art EXHIBIT C PAYMENT SCHEDULE COMPLETION PHASE OF WORK DESCRIPTION OF PHASE By Phase Overall ARTIST FEE EXECUTION Execution of Contract 10% 10% $30,000 Phase I Engineering 15% 25% $50,000 Phase II Lettering and Foundation 20% 45% $50,000 Phase III Sculpture fabrication midpoint 15% 60% $50,000 Phase IV Sculpture fabrication complete 15% 75% $50,000 Phase V Installation and Closeout 25% 100% $70,000 TOTAL ARTIST FEE $300,000 4.9.b Packet Pg. 180 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement Gordon Huether (Public Safety Complex) (Public Safety Complex Art Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account Amount Account Amount Improvements - Not Bldg (pk0417.9400.9401)$38,300 3500.9501.49999 (Transfers In)$38,300 pk0417.2801 (2801.9501.89101) - Public Art Fund - Transfers Out $38,300 12/20/2018 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN REASON FOR BUDGET CHANGE FISCAL YEAR 2018-19 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT City Council's Approval Required EXP: Public Art - Public Safety Complex - Police Services Building (PK0417) Construction and installation of public art G:\PUBLIC ART\PUBLIC SAFETY COMPLEX ART\Budget Change - Public Safety Art 4.9.c Packet Pg. 181 Attachment: 3. Budget Change Form (Public Safety Complex Art Agreement) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: City of Dublin Legislative Platform 2019 Prepared by: Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY: The City Council will consider approving a Legislative Platform for 2019 for the City of Dublin. The Platform would guide the City’s response to pending and possible legislation that affects the Dublin community. STAFF RECOMMENDATION: Adopt the Resolution Approving the 2019 City of Dublin Legislative Platform. FINANCIAL IMPACT: There is no fiscal impact associated with the adoption of the Legislative Platform. DESCRIPTION: On November 7, 2017, the City Council adopted Resolution No. 138-17 approving a Legislative Platform for 2018 that includes the goals, strategies and priorities for organizing the City's legislative interests. The 2019 proposed Platform (Attachment 2) identifies the fundamental legislative issues deemed important to the City, and upon City Council approval, will allow Staff to respond to the rapidly changing nature of legislative items efficiently and without delay. The Legislative Platform is annually adopted for each legislative year. The draft 2019 Legislative Platform states that the City values its ability and authority to exercise local control and to protect and enhance the quality of life for Dublin residents. To that end, the City's primary legislative focus is to protect local government aut hority and promote stable revenue for local governments to plan for future growth and needed public facilities and services. The 2019 Legislative Platform priority areas are: • General Administration • Fiscal Sustainability 4.10 Packet Pg. 182 Page 2 of 2 • Public Works • Community and Economic Development • Public Safety • Parks / Quality of Life • Environmental Sustainability The goals, strategies and priorities outline the approach and process the City will follow in implementing the Legislative Platform. Once approved, the Legislative Platform wi ll allow the City Council and Staff to respond in a timely manner to pending and possible legislation. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: Noticing not required. ATTACHMENTS: 1. Resolution Approving the City of Dublin Legislative Platform 2019 2. Exhibit A to Resolution - City of Dublin Legislative Platform 2019 4.10 Packet Pg. 183 RESOLUTION NO. XX-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING THE CITY OF DUBLIN LEGISLATIVE PLATFORM 2019 WHEREAS, the Legislative Platform (“Platform”) for the City of Dublin for 2019 allows City Staff to respond quickly in support of, or in opposition to, legislative issues based on Dublin’s core values and City Council goals, especially in time-sensitive situations; and WHEREAS, the Platform also permits City Staff to connect and communicate with legislators regarding issues and impacts from the City’s perspective; and WHEREAS, the Platform is an evolving document that changes due to City needs and conditions as well as federal, state, county and local priorities and activities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin adopts the City of Dublin Legislative Platform 2019 attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the Mayor or his or her designee is authorized to sign letters of opposition or letters of support, as drafted by City Staff for legislation as long as they are consistent with the Platform. PASSED, APPROVED AND ADOPTED this 4th day of December 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Mayor ATTEST: ______________________________ City Clerk 4.10.a Packet Pg. 184 Attachment: 1. Resolution Approving the City of Dublin Legislative Platform 2019 (2019 Legislative Platform) City of Dublin Legislative Platform 2019 Legislative Platform: Goals, Strategies and Priorities DRAFT4.10.b Packet Pg. 185 Attachment: 2. Exhibit A to Resolution - City of Dublin Legislative Platform 2019 (2019 Legislative Platform) City of Dublin Legislative Platform 2019    1 I Page Our Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. Our Vision Dublin is a great community to live, work, and raise a family. Dublin values: Safety – We are dedicated to excellent public safety resources, including police and fire. Finances – We will strive to be fiscally transparent and balance our budgets annually. Multi‐Cultural Opportunities – We will meet the cultural needs of our community through programming, understanding and events. Innovation – We will continue to innovate in every aspect of government and promote innovation within the business community. Customer Service – We will provide excellent customer service to our residents and businesses at all times. Living an Active Lifestyle – We will continuously promote an active lifestyle through our parks and facilities and encourage participation in local sports. History – We will honor our history through places and programs that remind people of our beginnings. Business – We will support our businesses through ongoing economic development efforts and help them grow and thrive locally. Environmental Sustainability – We will continue to lead in building a sustainable community and protecting our natural resources. Introduction The 2019 Legislative Platform highlights the City Council’s positions on important issues to engage in the legislative process for the benefit of Dublin residents. City Staff monitors bills introduced into the California Assembly or Senate as well as their path towards becoming a law. The Platform provides Staff with direction and allows the City, on the Council’s behalf, to quickly respond in support of or opposition to bills and other legislative or gubernatorial actions in time‐sensitive situations. Additionally, the Platform enables staff to communicate Dublin specific issues and impacts to state legislators. The Legislative Platform evolves as the City's needs adjust, new issues arise, and conditions at the federal, state, regional, county, and local level change. The City values its ability and authority to exercise local control and to protect and enhance the quality of life for Dublin residents. To that end, the DRAFT4.10.b Packet Pg. 186 Attachment: 2. Exhibit A to Resolution - City of Dublin Legislative Platform 2019 (2019 Legislative Platform) City of Dublin Legislative Platform 2019    2 I Page City's primary legislative focus is to protect local government control and promote stable revenue for local governments to plan for future growth and needed public facilities and services. The City of Dublin Legislative Platform priorities are: General Administration Fiscal Stability Public Works Community and Economic Development Public Safety Parks / Quality of Life Environmental Sustainability Goals  Advocate the City’s legislative interests at the federal, state, and county levels.  Inform and provide information to our legislators, City Council and staff on the legislative process, key issues and legislation that could have a potential impact on the City.  Serve as an active participant with other local governments, the League of California Cities, regional agencies, and local professional organizations on legislative/regulatory issues that are important to the City and our region. Strategies  Communicate legislative positions on proposed federal, state, and county legislation, measures, initiatives, and governmental regulations. o Work with City departments and our legislative advocates to develop positions on proposed legislative measures. o Review positions and analysis by the League of California Cities, legislative advocates and other local government / professional associations in formulating the City’s position. o The City will take positions only on proposals that clearly impact our City or are a threat to local control. o Actively track key bills through the legislative process. o Communicate the City’s position through correspondence, testimony, and in‐person meetings. o Work cooperatively with other cities, associations and the League of California Cities on advocating the City’s legislative position. o Meet with legislators and their representatives, as well as other federal, state and county government officials on a regular basis, to discuss local government issues, proposed legislation, request for funding assistance, and City programs and services. DRAFT4.10.b Packet Pg. 187 Attachment: 2. Exhibit A to Resolution - City of Dublin Legislative Platform 2019 (2019 Legislative Platform) City of Dublin Legislative Platform 2019    3 I Page The Process Oversight of the Legislative Platform Upon the Legislative Platform adoption, the City Manager’s Office will exercise day‐to‐day oversight of legislative matters. In addition to coordinating formal action through the City Council, the City Manager and his or her designee will administer the City’s Legislative Platform. Responding to Legislative Proposals Upon the Legislative Platform adoption, the following process will be followed in response to legislative proposals:  Once a determination has been made that a legislative proposal may impact the City, a letter outlining the City’s position will be drafted for the Mayor’s or City Manager’s signature.  If a legislative proposal or regulation arises that is not addressed by the adopted Legislative Platform and it is determined that it may impact the City, a draft position letter will be prepared for the City Council to review.  A copy of all legislative letters will be distributed routinely to the City Council. DRAFT4.10.b Packet Pg. 188 Attachment: 2. Exhibit A to Resolution - City of Dublin Legislative Platform 2019 (2019 Legislative Platform) City of Dublin Legislative Platform 2019    4 I Page Legislative Priorities for 2019 General Administration Staff recommends that the City Council support: 1. Legislation that enhances local control and allows cities to address the needs of local constituents within a framework of regional cooperation. Support legislation that streamlines and simplifies the job of running a city and oppose efforts that erode the City’s authority to control its own affairs. 2. Legislation that provides funding to schools for operational or infrastructure needs. 3. Legislation that streamlines the process to apply for, to receive approval of, and to receive State or Federal emergency funding. 4. Staff recommends that the City Council oppose: 1. Legislation that would diminish or eliminate local governments’ ability to contract out for the provision of services. 2. Legislation that requires cities to use district‐based elections. 3. Legislation that attempts to restrict local authority or decision‐making whether by state or federal legislation or ballot propositions. 4. Legislation that limits or removes local review and permitting of emerging telecommunications technologies, such as Small Cell technology. Fiscal Sustainability Staff recommends that the City Council support: 1. Legislation that maintains or enhances ongoing revenues to the City. 2. Legislation which updates the tax structure to enhance local government revenues that have declined due to the expansion of e‐commerce, increased consumption of services rather than durable goods, and innovations in technology. 3. Legislation and regulatory actions that ensure timely distribution of mandated reimbursements owed to the City. 4. Legislative reforms that would remove unnecessary state‐imposed mandates. 5. Legislation that provides for the use of incentives for local government action rather than mandates (funded or unfunded). 6. Legislation that establishes infrastructure financing districts or other funding mechanisms for infrastructure improvements. 7. Legislation that changes the Communications Act of 1934 that removes the distinction between “capital” and “operating” funds to provide more local control for community television stations in the use of their public, educational, and government (PEG) channel fees. 8. Legislation that supports measures to increase transparency of all public employee salaries and benefits. DRAFT4.10.b Packet Pg. 189 Attachment: 2. Exhibit A to Resolution - City of Dublin Legislative Platform 2019 (2019 Legislative Platform) City of Dublin Legislative Platform 2019    5 I Page 9. Legislation that supports measures to provide sustainable public pensions and other post‐ retirement benefits to ensure responsive and affordable public services. Staff recommends that the City Council oppose: 1. Legislation that undermines and preempts local authority over local taxes and fees. Monitor state and federal budget deliberations and oppose attempts to balance the state and/or federal budget by shifting funds from local government. 2. Legislation that imposes unfunded or inadequately funded federal and state mandates on local governments. 3. Legislation that eliminates development fees or limit the ability of cities to levy fees to provide for infrastructure or services. 4. Legislation that requires or expands state involvement in City financial audits, fiscal monitoring, general oversight, or assistance by the State Treasurer, State Controller or other state agencies. 5. Legislation that defers reimbursements for state mandated programs. Public Works Staff recommends that the City Council support: 1. Legislation that will provide local governments with new and innovative revenue options and resources to finance critical infrastructure maintenance and construction needs for transportation, water supply, wastewater, storm water, and other critical infrastructure systems. 2. Legislation that will provide access or public‐private partnership to 5‐G Cellular Network for connected and Autonomous vehicle technology implementation. Support is needed to establish long term agreements with technology companies that are seeking access to city infrastructure for creating a 5‐G Cellular Network. 3. Legislation that would enable the sale of traffic data (traffic signal and other) to recover the cost of data collection. 4. Legislation that ensures the City receive its fair share of transportation funding and that keeps the funding decisions at the local level. 5. Legislation that supports reducing congestion and delay along freeways in the Tri‐Valley Area. 6. Legislation that supports freight movement (between the San Francisco Bay Area and the Central Valley) with projects that could reduce truck traffic along I‐580. These projects may include rail‐based freight movement or sharing the passenger rail corridors for freight movement. 7. Legislation that supports Intelligent Transportation Systems (ITS) including the implementation of Connected/Autonomous vehicles. 8. Legislation that enhances the safety of City streets for car, bicycle and pedestrian traffic, reduces traffic congestion, or supports regional transportation improvements. 9. Legislation that encourages the optimum and sustainable utilization of local groundwater basins. 10. Legislation that enhances the reliability of water transmission and storage through the Delta and Tri‐Valley. 11. Legislation that provides funding or incentives for the cost‐effective development of local water resources, water conservation, or expansion of recycled water infrastructure and improvements to reduce dependence on imported water sources. DRAFT4.10.b Packet Pg. 190 Attachment: 2. Exhibit A to Resolution - City of Dublin Legislative Platform 2019 (2019 Legislative Platform) City of Dublin Legislative Platform 2019    6 I Page 12. Legislation that creates flexibility in the implementation of mandatory storm water programs and provides funding for those programs. 13. Legislation that support a constitutional amendment to lower the threshold for approval of sales and use taxes for transportation purposes. Currently, such taxes must be approved by two‐ thirds of the voters. 14. Legislation that allows fuel tax indexing or an increase to provide additional funding for local street projects, especially maintenance, and support efforts that protect against transportation funding diversions. 15. Legislation that provides cap and trade funds derived from transportation fuels for clean transportation purposes. Staff recommends that the City Council oppose: 1. Legislation that would infringe upon the ability of local governments to effectively administer and modify state and local construction provisions and standards. 2. Legislation that takes away local control of managing and operating local streets. 3. Legislation that reduces the City’s condemnation authority regarding acquisition of properties required for public projects. 4. Legislation that seeks to repeal the Road Repair and Accountability Act of 2017 (SB1) or that seeks to divert funds collected. Community and Economic Development Staff recommends that the City Council support: 1. Legislation that maintains cities’ authority over land use decisions. 2. Legislation that strengthens local governments’ regulatory authority and control over the siting of medical marijuana dispensaries. 3. Legislation that would create a more equitable Regional Housing Needs Allocation (RHNA) process. Support legislation that creates more flexibility for local jurisdictions to work together to provide housing that counts toward RHNA requirements. 4. Legislation that enhances the City’s efforts to retain existing businesses and attract new businesses. 5. Legislation that provides tangible and productive tools and incentives to support job creation and retention. 6. CEQA (California Environmental Quality Act) legislation that eliminates redundant, costly and cumbersome mandates and restrictions. 7. Legislation that advances or encourages innovation, entrepreneurship, start‐ups, small business opportunities, and/or workforce development. 8. Legislation that provides incentives for affordable housing and transit‐oriented development. 9. Legislation that increases financial assistance to provide affordable, transitional, special needs and emergency housing to the homeless, seniors, veterans, and people with special needs. 10. Legislation encouraging the expansion of STEM (Science, Technology, Engineering and Mathematics) programs in K‐12, higher education and libraries. DRAFT4.10.b Packet Pg. 191 Attachment: 2. Exhibit A to Resolution - City of Dublin Legislative Platform 2019 (2019 Legislative Platform) City of Dublin Legislative Platform 2019    7 I Page Staff recommends that the City Council oppose: 1. Legislation that would interfere with the decision‐making authority of local government in local land use and zoning. 2. Legislation that erodes the ability of cities to condition and deny projects that inadequately mitigate impacts to the community. 3. Legislation that weakens local governments’ ability to regulate massage establishments through zoning code provisions. 4. Legislation and regulatory efforts that would diminish or eliminate the authority of cities to zone and plan for the development of telecommunications infrastructure, including the siting of cellular communications towers or transmission sites. 5. Legislation that would diminish or eliminate cities’ authority to regulate condominium conversions. Public Safety Staff recommends that the City Council support: 1. Legislation and grant opportunities that increase funding for local law enforcement, fire suppression and prevention, hazardous materials mitigation, and emergency medical services. 2. Legislation that provides funding to local agencies for training, disaster preparedness crime prevention, public outreach, and emergency planning. 3. Legislation which ensures cities have control of regulating local medical marijuana facilities instead of the state, protects public safety with standardized security requirements, protects public health with uniform health and safety standards, and ensures patient safety with a quality assurance protocol. 4. Legislation that improves data and information dissemination from the railroads and Federal government, preparedness funding, and first‐responder training for oil‐by‐rail shipments. 5. Legislation that maintains or increases grant funding for the Community Oriented Police Services (COPS) program. 6. Legislation that provides a greater share of asset forfeiture funds for cities and increases latitude for spending local funds. 7. Legislation that supports funding to mitigate, adapt and respond to extreme weather events. Parks / Quality of Life Staff recommends that the City Council support: 1. Legislation that creates new funding opportunities for parks and community facilities. 2. Legislation that provides funding for ADA (Americans with Disabilities Act) facility and park upgrades. DRAFT4.10.b Packet Pg. 192 Attachment: 2. Exhibit A to Resolution - City of Dublin Legislative Platform 2019 (2019 Legislative Platform) City of Dublin Legislative Platform 2019    8 I Page Environmental Sustainability Staff recommends that the City Council support: 1. Legislation requiring manufactures to be responsible for safe disposal or reuse of their products and by‐products, particularly for hazardous products such as sharps, unused prescription drugs, and fluorescent light bulbs. 2. Legislation that encourages manufacturers to include post‐consumer recycled material in their products and encourages state and local government agencies to use less‐toxic and recycled content products. 3. Legislation that supports the development of alternative technologies such as anaerobic digestion or mixed waste processing that result in waste diversion from landfills. 4. Legislation and policies that assist local government in meeting or exceeding established goals of reducing water consumption without preempting local planning decisions. 5. Legislation that enhances building energy efficiency standards and building safety standards. 6. Legislation protecting the interest of California’s Community Choice clean electricity providers and their customers. 7. Legislation that assists regional and local governments in development and implementing energy efficiency and conservation strategies and ensure that local governments can continue, and not be preempted in, their efforts to achieve economic improvements through increased energy efficiency and conservation plans that seek to decrease carbon emissions (a League of California Cities Federal Priority). 8. Legislation that supports regional and local government efforts to develop and implement programs to reduce air pollution. 9. Legislation or grant opportunities for cities that provide funding for developing or enhancing alternative vehicle fueling stations. 10. Legislation to address litter control and abatement problems in California. 11. Legislation that would make it easier for cities to fund and comply with new and increasingly stringent storm water quality permit requirements. 12. Legislation that lessens the financial impact of state and federal unfunded mandates related to compliance with environmental programs and regulations. 13. Legislation that supports local solar generation and electrification of California’s energy and fuel supply. Staff recommends that the City Council oppose: 1. Legislation that preempts local planning decisions regarding solid waste facility sites, preempts local solid waste and AB 939 fee setting authority, or imposes taxes or fees on local solid waste programs to fund State programs not directly related to solid waste management. DRAFT4.10.b Packet Pg. 193 Attachment: 2. Exhibit A to Resolution - City of Dublin Legislative Platform 2019 (2019 Legislative Platform) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: New Agreement with DKS Associates, Amendment to Agreement with Geosyntec Consultants, Inc., and Additional Funding Request for Amador Valley Boulevard – Wildwood Road and Stage Coach Intersection Improvements, CIP No. ST0317; and Amendment to Agreement with BKF Engineers and Additional Funding Request for Dublin Boulevard Extension – Fallon Road to North Canyons Parkway, CIP No. ST0216. Prepared by: Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will consider approval of an on-call consultant services agreement with DKS Associates, and amendments to the agreements with Geosyntec Consultants, Inc. and BKF Engineers. The City Council will also consider a budget change adding $626,250 to CIP No. ST0317 and $212,692 to CIP No. ST0216. STAFF RECOMMENDATION: 1) Adopt the Resolution Approving On-call Consulting Services Agreement with DKS Associates; 2) Approve Budget Change to CIP No. ST0317; 3) Adopt the Resolution Approving Amendment #2 to the Consulting Services Agreement with Geosyntec Consultants, Inc. for Green Infrastructure Planning and Stormwater Resource Evaluation Plan; 4) Adopt the Resolution Approving Amendment #2 to the Consulting Services Agreement with BKF Engineers for Additional Environmental Work on Extension of Dublin Boulevard to North Canyons Parkway Project; and 5) Approve Budget Change to CIP No. ST0216. FINANCIAL IMPACT: The DKS Associates Agreement includes a not to exceed amount of $500,000. Related to this Agreement, approval a budget change is necessary to CIP No. ST0317 for Amador Valley Boulevard – Wildwood Road and Stagecoach Intersection Improvements Project in the amount of $626,250 to cover DKS costs and other expenses. Funding will come from a combination of Measure B and Measure BB Funds, and the General Fund Reserve for Municipal Regional Permit, to cover the proposed additional design and construction costs for the project. The Geosyntec amendment will extend the agreement term and increase the 4.11 Packet Pg. 194 Page 2 of 4 compensation by $157,000. There are sufficient funds available in the Fiscal Year 2018 - 19 Budget to cover this increase. The BKF Engineers amendment for will increase the scope, term, and compensation for the additional work on the Dublin Boulevard Extension – Fallon Road to North Canyons Parkway Project. Approval of the related budget change will appropriate an additional $212,695 from Measure BB Grant Funds for this purpose. DESCRIPTION: Amendment to CIP NO. ST0317 and On -Call Consultant Services Agreement with DKS Associates: The Five-Year Capital Improvement Program, adopted by City Council, includes Amador Valley Boulevard – Wildwood Road and Stagecoach Intersection Improvements, CIP No. ST0317. The scope of the project includes safety improvements for vehicle, bicycle, and pedestrian traffic on Amador Valley Boulevard at the intersections of Wildwood Road and Stagecoach Road. In November 2017, DKS Associates (DKS) was tasked as an on-call consultant to assist Staff with the project design. The design scope for DKS was within an on-call consultant services agreement approved by City Council per Resolutions 94-14 and 76-16. During the design phase, Staff identified opportunities to integrate green infrastructure for stormwater treatment and to expand the use of recycled water for irrigation of public landscaping. The green infrastructure opportunity consists of including landscaped bioretention areas in bulb-outs along the north side of Amador Valley Boulevard between Wildwood Road and Dougherty Road. These bioretention areas will help the City to comply with the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit 2.0 (MRP 2.0), which requires all permittees to develop a Green Infrastructure Plan and to review all capital improvement projects for the incorporation of green infrastructure measures to the maximum extent practicable. Green infrastructure is a term that refers to engineered structures or features that are designed to detain stormwater runoff and remove pollutants from stormwater. The landscaped bioretention areas will require irrigation and these areas on Amador Valley Boulevard are currently irrigated with potable water. Staff is proposing to convert this area to recycled water as part of this project. The incorporation of green infrastructure and the conversion to recycled water requires additional design services. Since DKS has assisted Staff with majority of the project design, Staff proposes to task DKS with the irrigation and bioretention design, and to expand the scope to include design support during project bidding and construction. The previous on-call consultant services agreement with DKS has expired ; however, in June 2018, per Resolution 64-18 (Attachment 1), the City Council approved DKS as a qualified Consultant firm and reserved the option to enter into a contract with them later as need arises. The Resolution (Attachment 2) and Exhibit A to the Resolution (Attachment 3) describe the on-call Consulting Services Agreement with DKS for the proposed scope change. The additional design and construction of the green infrastructure and recycled water conversion will result in increased project costs. These costs are proposed to be 4.11 Packet Pg. 195 Page 3 of 4 funded by Measure B, Measure BB, and the General Fund Reserve for MRP 2.0 implementation. Staff recommends that City Council approve the budget change (Attachment 4) to appropriate additional funds into CIP No. ST0317. Amendment to Consultant Services Agreement with GeoSyntec Consultant On January 10, 2017, the City Council approved a Consulting Services Agreement (Agreement) with Geosyntec Consultants, Inc. (Geosyntec) to assist with Green Infrastructure Plan development and authorized the City Manager to execute the Agreement (Attachment 5). On September 5, 2017, City Council approved Amendment #1 to the Agreement (Attachment 6), extending the Agreement term an additional 15 months and adding project scope including development of green infrastructure project concept plans, development of stormwater typical details, and identification of potential funding mechanisms for green infrastructure implementation. As part of Amendment #1 to the Agreement, Geosyntec developed concept plans for integrating bioretention areas within the Amador Valley Boulevard – Wildwood Road and Stagecoach Intersection Improvements, CIP No. ST0317. The proposed second amendment to the Agreement includes peer review services for the final design of CIP No. ST0317, additional Green Infrastructure Plan assistance, development of a Dublin -specific green infrastructure funding and financing strategy, additional concept plan development, and technical assistance with implementation of MRP 2.0 Provision C12.f, Managing Polychlorinated Biphenyls (PCBs)-Containing Materials and Wastes During Building Demolition Activities. The Agreement amendment extends the terms of the Agreement to the end of Fiscal Year 2019-2020. The Resolution (Attachment 7) and Exhibit A to the Resolution (Attachment 8) describe the terms of Amendment #2 to the Agreement in full. Amendment to Consulting Services Agreement with BKF Engineers On November 1, 2016, the City Council approved Consult ing Services Agreement (Agreement) with BKF Engineers (Attachment 9) for conducting preliminary design work for Dublin Boulevard Extension – Fallon Road to North Canyons Parkway, CIP No. ST0216. The preliminary design work includes the completion of a traf fic study, preparation of an Environmental Impact Report (EIR), initial roadway design, and the preparation of a Precise Alignment. The traffic study will determine the ultimate capacity (number of lanes) needed for this roadway extension. On April 27, 2017, the City of Dublin received a Measure BB grant of $8.288 million for final design work and for any additional environmental clearance work. After this funding allocation, the City Council approved an amendment to the Agreement (Attachment 10) for completing National Environmental Protection Act (NEPA) related environmental work for the Project. At the time, it was assumed that both the EIR and the NEPA related environmental work would be completed together. The California Department of Transportation (Caltrans) is overseeing the NEPA related environmental work as designated by the Federal Highway Administration. Recently, Caltrans has determined that additional environmental studies are required to complete the NEPA clearance for the Project. These stu dies are in addition to the scope of work within the BKF Agreement. Additionally, completion of these studies is expected to delay NEPA clearance until spring of 2020. 4.11 Packet Pg. 196 Page 4 of 4 It is important to complete the EIR for the Project as early as possible , in order for the overall project to be eligible for receiving State transportation funding for the next phases (Construction and Right of Way Acquisition). Staff recommends that the EIR work be expedited to achieve this goal by decoupling the processing of the EIR from the NEPA related environmental clearance. By decoupling the environmental work, it is anticipated the EIR will be complete in summer 2019, thus making the project eligible for State funding in 2019. In order to decouple the environmental work, an amendment to the Agreement with BKF is required, which will increase the Agreement scope, term, and compensation. The Resolution (Attachment 11) and Exhibit A to the Resolution (Attachment 12) describe the terms of Amendment #2 to the Agreement in full . In order to fund the additional scope, Staff recommends City Council approve the budget change (Attachment 13) to appropriate additional Measure BB Grant Funds into CIP No. ST0216. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this report has been sent to the Alameda County Transportation Commission's Independent Watchdog Committee for Measure B and BB projects and programs. ATTACHMENTS: 1. Resolution 64-18 2. Resolution Approving On-Call Consulting Services Agreement with DKS Associates for Engineering Services 3. Exhibit A to Attachment 2 4. Budget Change Form - CIP ST0317 5. Consulting Services Agreement with Geosyntec Consultants 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. 7. Resolution Approving Amendment #2 to the Consulting Services Agreement with Geosyntec Consultants, Inc. for Green Infrastructure Planning and Stormwater Resource Plan Evaluation 8. Exhibit A to Attachment 7 9. Consulting Services Agreement with BKF Engineers 10. Amendment #1 to Consulting Services Agreement with BKF Engineers 11. Resolution Approving Amendment #2 to the Consulting Services Agreement with BKF Engineers for Additional Environmental Work on Extension of Dublin Boulevard to North Canyons Parkway Project 12. Exhibit A to Attachment 10 13. Budget Change Form - CIP ST0216 4.11 Packet Pg. 197 4.11.a Packet Pg. 198 Attachment: 1. Resolution 64-18 (Amend Consultant Agreements - CIP ST0317 and ST0216) RESOLUTION NO. xx-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING ON-CALL CONSULTING SERVICES AGREEMENT WITH DKS ASSOCIATES WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for On-Call Engineering Services; and WHEREAS, Staff reviewed and selected the most qualified firms to provide services; and WHEREAS, the City wishes to enter in to agreement with DKS Associates for a term beginning December 4, 2018 through June 30, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the On-Call Consulting Services Agreement with DKS Associates as attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached hereto, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of December 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.11.b Packet Pg. 199 Attachment: 2. Resolution Approving On-Call Consulting Services Agreement with DKS Associates for Engineering Services (Amend Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 1 of 15 Exhibit A to the Resolution CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DKS ASSOCIATES, INC. FOR ON-CALL ENGINEERING SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and DKS Associates, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of December 4, 2018 (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 by the respective executed Task Orders. 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, 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, 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 6 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 Task Order. Prior to execution of a Task Order, the City shall request a Task Order Scope Proposal from the Consultant. Consultant shall provide the City with a Task Order Scope Proposal, and if satisfactory, the City and Consultant shall execute a Task Order. Upon an executed Task Order, Consultant shall perform the services listed in the Task Order and in a manner consistent with this Agreement. 1.3 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. 1.4 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that 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. 4.11.c Packet Pg. 200 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 2 of 15 1.5 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.3 above and to satisfy Consultant’s obligations hereunder. 1.6 Public Works Requirements. Because the services described in Exhibit A may constitute public works within the definition of Section 1720(a)(1) of the California Labor Code, the Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit E. 1.7 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, unles s 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. This Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed and executed as needed and provided for in this Agreement. The Consultant shall be paid by the City only for completed services rendered under each approved individual Task Order. Such payment shall be full compensation for payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work stated in the Task Order. Notwithstanding the foregoing, Consultant shall not receive total compensation under this Agreement in an amount exceeding Five Hundred Thousand Dollars ($500,000). In the event of a conflict between this Agreement and Consultant’s proposal, regarding the amount of compensation, the Agreement shall prevail. The payments for completed work under an executed Task Order 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. 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: 4.11.c Packet Pg. 201 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 3 of 15 ▪ 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 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 th is Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. 4.11.c Packet Pg. 202 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 4 of 15 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 B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B 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. 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 amou nts 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 4.11.c Packet Pg. 203 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 5 of 15 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 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 $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. 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 4.11.c Packet Pg. 204 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 6 of 15 therefrom, and damage to property resulting from activities contemplated under this Agreement, including 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. 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. 4.11.c Packet Pg. 205 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 7 of 15 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 $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 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 5 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 5 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 Reserved. 4.3.4 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 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. 4.11.c Packet Pg. 206 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 8 of 15 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. With the exception of the Professional Liability Insurance under Section 4.3, 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 su ch insurance from any sums due under the Agreement; ▪ 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. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement . 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. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered 4.11.c Packet Pg. 207 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 9 of 15 pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 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 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, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant 4.11.c Packet Pg. 208 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 10 of 15 in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. 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 deliverin g 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. 4.11.c Packet Pg. 209 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 11 of 15 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 t his 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 t he 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. 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 4.11.c Packet Pg. 210 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 12 of 15 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 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 Agree ment. Consultant 4.11.c Packet Pg. 211 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 13 of 15 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. As part of the Request for Qualifications process associated with this Agreement, Consultant was required to provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of Consultants clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. A copy of the list is attached hereto as Exhibit D and incorporated by this reference. 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’s Contracts Manager, in the City Manager’s Office ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator, or their designee. 10.10 Notices. Any written notice to Consultant shall be sent to: DKS Associates, Inc. David Mahama, Senior Project Manager 1970 Broadway, Suite 740 Oakland, CA 94612 Any written notice to City shall be sent to: City of Dublin Attn: Gary Huisingh, Public Works Director 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, C, D & E represents the entire and integrated 4.11.c Packet Pg. 212 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 14 of 15 agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification Exhibit D Conflict of Interest List Exhibit E California Labor Code Section 1720 Information 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 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. [SIGNATURES ON FOLLOWING PAGE] 4.11.c Packet Pg. 213 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Page 15 of 15 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 DKS ASSOCIATES, INC. Christopher L. Foss, City Manager Terry Klim, Principal Attest: Consultant’s DIR Registration Number (if applicable) Caroline Soto, City Clerk Approved as to Form: City Attorney 4.11.c Packet Pg. 214 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit A – Page 1 of 4 EXHIBIT A SCOPE OF SERVICES Consultant shall provide professional engineering services to City under issued Task Order(s) with approved Scope of Work, signed by an authorized individual and p rinted on letterhead. Task Orders shall be issued for work to include, but not limited to, the following tasks: Intelligent Transportation Systems • Develop Intelligent Transportation System (ITS) applications, communication needs, and upgrades. • Perform Traffic Operation Center equipment maintenance, and provide monitoring and operation services. • Provide assistance on Connected and Autonomous Vehicle implementation. • Conduct research for technology comparisons. • Develop long-range transportation related communication infrastructure plans. • Support pursuit of Public/Private partnerships in transportation data sharing and management. Transportation Planning/Engineering • Provide staff augmentation services • Provide traffic signal design, timing, and coordination services. • Develop Complete Street Policy design elements and implementation plans. • Develop Transit Signal Priority design and implementation. • Review and prepare traffic impact studies. • Conduct travel demand modeling and review Countywide Transportation Model; coordinate with County’s consultant and provide traffic/transportation data as required. • Conduct corridor and intersection analysis, including operations, safety, and level of service. • Prepare traffic warrant studies. • Review/prepare construction detour plans. • Conduct traffic counts – include daily counts, vehicle classification counts, and turning movement counts for all modes, parking surveys, origin-destination surveys, GPS data collection, and assessment of existing conditions. • Conduct parking studies. • Prepare and review signing, marking, and striping plans. • Prepare roadway, intersection, and roundabout design. • Prepare and design for new or existing signalized intersections slated for modification (include considerations for transit, pedestrian and bicycle movements and focus on alternatives that reduce current intersection inefficiencies). 4.11.c Packet Pg. 215 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit A – Page 2 of 4 • Conduct traffic operations analyses and familiarity with Synchro software based HCM Methodology. • Develop and prepare grant applications. • Provide updates to the Citywide Travel Demand Model. • Review Transportation section of an EIR. • Perform Multimodal Transportation planning and design, which may include: ▪ Street circulation planning and design. ▪ Bicycle facility planning and design. ▪ Pedestrian facility planning and design. ▪ Transit planning, design and operations. ▪ Transportation systems management/transportation demand management strategies. ▪ Traffic calming assessment and design. • Prepare cost estimates – planning and project level. • Conduct public outreach – tasks may include developing materials for the public and content for the City’s web site. • Preparation of transportation project bid documents. • Conduct feasibility studies for all modes of transportation. • Implement Traffic Sign Retroreflectivity standards and provide traffic sign inventory data management. • Implement transportation Asset Management and Customization. Civil Engineering/Project Management • Provide staff augmentation services. • Assist the City in managing small to medium-sized capital projects including the preparation of staff reports, engineering studies, project planning and coordination with other agencies and utilities. • Assist the City in acquiring the necessary approvals from Caltrans Local Assistance Division on federally-funded projects including preparation of forms and documents to acquire project E-76 approval to construct, and/or approvals from other funding agencies including the Alameda County Transportation Commission and Metropolitan Transportation Commission. • Assist the City in managing consultant work including signing, traffic handling and stage construction, landscaping, utility undergrounding, irrigation and roadway lighting. • Assist the City in managing the construction of small to medium-sized projects including advertisement of projects, response to request for information, review of bids, award of contract, project accounting, and closeout. • Perform topographic surveys for the design of capital projects. • Perform utility research and coordination with utility companies. • Perform base mapping of capital projects. • Prepare baseline project design schedule using critical path method and update schedule as necessary. 4.11.c Packet Pg. 216 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit A – Page 3 of 4 • Prepare all necessary project environmental documents or manage environmental sub -consultants work and implement the environmental mitigation measures in the design of the project. • Prepare applications for and assist the City to obtain the necessary permits and approvals from appropriate agencies. • Perform or manage sub-consultants in the preparation of geotechnical services required on projects, including determination of soil “R” values, pavement structural section, and other required soil characteristics for design of structures. • Prepare preliminary design of projects and alternative design studies, as required. • Perform right-of-way engineering including right-of-way base map, exhibits, plats and descriptions. • As necessary, manage sub-consultants’ work in preparing appraisal reports and right-of-way acquisition. • Perform project design at the 35%, 65%, 95% and 100% levels including cost estimates, as required by the City. • Prepare Storm Water Quality and Erosion Control plans in compliance with the latest requirements of the California Regional Water Control Board, San Francisco Bay Area region. • Prepare final engineering cost estimates and contract bid documents based on the latest bid item unit costs, Caltrans 2015 Specifications and Standard Plans, and federal requirements on federally-funded projects. • Provide design support services during construction and prepare final record of dra wings based on as- built drawings provided by the City. Development Review • Provide staff augmentation services. • Serve as engineering project manager and primary engineering reviewer for a wide variety of land development, subdivision, encroachment permit, and building permit applications. • Review and manage multiple land development, subdivision, encroachment permit, and building permit applications from initial planning application or entitlement through issuance of permit for construction or improvement plan and final map approval, construction, and final sign-off of improvements and warranty release. • Review, analyze, and develop conditions of approval for various planning entitlement applications such as Tentative Maps, Site Development Reviews and Conditional Use Permits. • Review various encroachment permit applications, including small cell site applications, and building permit applications. • Review parcel maps, final maps, tract improvement plans, grading plans, street improvement plans, plot plans and building permit plans for conformance with City and State regulations and engineering standards of practice, including ADA and accessibility requirements. • Review plans and documents for conformance with the requirements of the RWQCB NDPES Municipal Regional Permit (MRP), including but not limited to: ▪ Low impact development. 4.11.c Packet Pg. 217 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit A – Page 4 of 4 ▪ Source control. ▪ Design of storm water treatment measures and sizing calculations. ▪ Hydromodification standards and the use of BAHM software to both design and review detention and metering devices. ▪ Trash capture. ▪ Stormwater Management Maintenance Agreements. • Work collaboratively with Public Works Staff and other City departments such as Planning, Building, Fire and Environmental Services during the review process. • Coordinate the review and approval process with outside agencies such as Dublin San Ramon Services District, Zone 7 and Alameda County. • Correspond directly with applicants and their design teams. • Attend meetings with applicants and Staff and conduct various other duties at City Hall in order to efficiently coordinate project reviews with City Staff. • Write memorandums summarizing plan review comments for transmittal to applicants. • Write staff reports for City Council meetings. • Prepare agreements including long term encroachment ag reements, stormwater operations & maintenance agreements and subdivision improvement agreements. • Administer surety bonds associated with various agreements. • Prepare grant deeds, grants of easement or certificates of acceptance documents and review of associated plat maps and legal descriptions. Perform field inspections of projects under construction , in support of Public Works inspection staff/consultants. 4.11.c Packet Pg. 218 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit B – Page 1 of 2 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Hourly Rates for FY 2018-2019* Hourly rate includes all overhead costs, including reimbursables. Subconsultants shall be billed at cost plus ten percent, as identified as part of the budget within each Task Order, which is subject to City approval. *All rates subject to increase as approved by the City Engineer, or their designee. Consultant must submit all rate increase requests by June 1st of each year. Rate increases shall not exceed Annual San Francisco- Oakland-Hayward Consumer Price Index for All Urban Consumers (CPI -U). 4.11.c Packet Pg. 219 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit B – Page 2 of 2 Invoicing Requirements All invoices shall be sent to City electronically, to the following email address: PWaccounting@dublin.ca.gov and shall be sent to the attention of Accounting Staff. Each attached invoice shall identify the assigned project manager, a contact for firm’s accounting representative, as well as the City project manager requesting the completed work. Invoices shall be termed from the first of the month, through the end of the month, and shall be su bmitted within sixty days of completion of each month, with the exception of invoices for the months of May and June. May and June invoices, as well as all other outstanding invoices, shall be due by July 15th of that year. Invoicing shall follow the following procedures: CIP projects are to be billed individually, on separate invoices, referencing the project number as assigned by Project Manager. Development Review and related Inspections shall be billed in one invoice, with Finance Control Number (FCN) identification listed for work completed. FCN numbers will be provided to Consultant by City Staff at the time of assignment. Reports shall be included each month with invoices for the purpose of tracking hours, both by project and by individual employee. This report shall detail daily hours completed, by project and by employee, as well as monthly totals. 4.11.c Packet Pg. 220 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit C – Page 1 of 1 EXHIBIT C INDEMNIFICATION A. 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, d uring and after completion of Consultant’s work under this Agreement. B. 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. C. 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. D. 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 . 4.11.c Packet Pg. 221 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit C – Page 1 of 1 EXHIBIT D CONFLICT OF INTEREST LIST DKS Associates, Inc. has no current conflicts of interest with regard to services to be provided and will comply with the Conflict of Interest Statement stated in the RFQ. Terry Klim, Principal 4.11.c Packet Pg. 222 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit E – Page 1 of 3 EXHIBIT E PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. 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. B. 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. C. 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 p rovisions of California Labor Code Section 1810 and following. WAGES: A. 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. B. 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 performanc e 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 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 4.11.c Packet Pg. 223 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit E – Page 2 of 3 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: 1. 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. 2. 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. 3. 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. 4. 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. C. 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 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 declar ation that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. 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 4.11.c Packet Pg. 224 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 DKS Associates, Inc. for On-Call Engineering Services Exhibit E – Page 3 of 3 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. D. 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. E. 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 the person affected and during the continuance of such employment. 2947128.1 4.11.c Packet Pg. 225 Attachment: 3. Exhibit A to Attachment 2 (Amend Consultant Agreements - CIP ST0317 and ST0216) Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves X Other Account Amount Account Amount Staff Salaries & Benefits (ST0317.9100.9101)$20,000 Contract Services - General (ST0317.9200.9201)$86,250 Improvements - Not Buildings (ST0317.9400.9401)$520,000 3600.9601.49999 (Transfers In)$626,250 ST0317.2204 (2204.9601.89101) - Measure B Local Street Fund - Transfers Out $159,035 ST0317.2205 (2205.9601.89101) - Measure B Bike & Ped Fund - Transfers Out 46,114.22 ST0317.2214 (2214.9601.89101) - Measure BB Local Street Fund - Transfers Out 84,559.58 ST0317.2215 (2215.9601.89101) - Measure BB Bike & Ped Fund - Transfers Out 103,541.47 ST0317.2302 (2302.9601.89101) - MeasureD Fund - Transfers Out 40,000.00 193,000.00 12/4/2018 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN REASON FOR BUDGET CHANGE FISCAL YEAR 2018-19 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT City Council's Approval Required EXP: AVB Wildw ood & Stage Coach Intersection Improvements (ST0317) Additional design and construction costs. ST0317.1001 (1001.9601.89101) - General Fund (Designated Reserve for Municipal Regional Permit) - Transfers Out \\cc-uem\users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\4068 4.11.d Packet Pg. 226 Attachment: 4. Budget Change Form - CIP ST0317 (Amend Consultant Agreements - CIP ST0317 and ST0216) 1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GEOSYNTEC CONSTULTANTS, INC. This Agreement is made and entered into between the City of Dublin ("City") and Geosyntec Consultants, Inc. (“Consultant”) as of January 10, 2017 (the “Effective Date”). In consideration of their mutual covenants, the parties hereto agree as follows: 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 date first noted above and shall end on August 31, 2017, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, 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 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 in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that 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 standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $85,000.00, 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 between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, 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, 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 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 4.11.e Packet Pg. 227 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 2 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 Contract 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 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 Contract o Hours must be logged in increments of tenths of an hour or quarter hours o If this Contract covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense  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;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The Consultant’s signature. 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 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. 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B. 2.5 Reimbursable Expenses. RESERVED 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 4.11.e Packet Pg. 228 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 3 2.7 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 in order to verify costs incurred to that date. 2.8 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 beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance 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. 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 to the City. 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. 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 thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. 4.1 Workers’ Compensation. 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 ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies 4.11.e Packet Pg. 229 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 4 fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. 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 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. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.11.e Packet Pg. 230 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 5 d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. 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 ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $250,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are 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 five 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 must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 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 certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 4.11.e Packet Pg. 231 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 6 The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions 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. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention provision and/or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 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;  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. 4.11.e Packet Pg. 232 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 7 Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. Consultant’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. 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. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant/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. 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. 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 Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 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 No 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 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 applicable to the performance of the work hereunder. 4.11.e Packet Pg. 233 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 8 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, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, 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. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. 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. 4.11.e Packet Pg. 234 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 9 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. 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 included, but not be 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 three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any 4.11.e Packet Pg. 235 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 10 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 TEN THOUSAND DOLLARS ($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 three (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 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 Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (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 twelve 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 Government Code §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, 4.11.e Packet Pg. 236 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 11 it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. 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: Geosyntec Consultants, Inc. Nancy Bice, Senior Principal 900 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 Any written notice to City shall be sent to: The City of Dublin Attn: Gary Huisingh 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 4.11.e Packet Pg. 237 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.e Packet Pg. 238 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) EXHIBIT A SCOPE OF SERVICES . 4.11.e Packet Pg. 239 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit A December 28, 2016 1 EXHIBIT A SCOPE OF SERVICES – City of Dublin Green Infrastructure/ Stormwater Resource Plan Task 1 – Kick-off Meeting As part of Task 1, Geosyntec will conduct a kick-off meeting with the City’s Project Manager to discuss: 1) the goals of the project; 2) proposed methodology to complete the scope; and 3) proposed workflow and schedule. The objectives for the meeting will be to obtain an understanding of the project goals, as well as the available data related to past, current, and planned development projects and any efforts conducted by the City which may contribute to the GI planning effort. Geosyntec will prepare a meeting agenda and handouts for discussion prior to the meeting. Deliverables: Kick-off meeting with meeting agenda and handouts. Task 2 – Develop GI Analyses Methodology and Data Needs Memorandum Following the discussion with the City regarding data availability and analyses methodologies in the kick-off meeting, Geosyntec will develop a memorandum to describe the analyses methodologies that will be used to: 1. Estimate the total impervious area needed to meet the City’s portion of the load reductions required by the MRP using GI (e.g., 0.7 grams per year by 2020 and 18 grams per year by 2040 for PCBs); 2. Identify existing public and private development projects (MRP 1.0 C.3 projects), current public and private development projects (MRP 2.0 C.3 projects), and potential future private development projects (2020 – 2040); 3. Estimate the public impervious retrofit area needed to meet the City’s portion of the PCBs and mercury load reductions, if needed based on the C.3 project analysis; and 4. Identify potential public parcel-based and regional project locations. The methodology to identify the public impervious area targets (#3) and potential GI retrofit locations is anticipated to entail a combination of GIS analyses and load reduction calculation. Public Impervious Area Targets for Retrofit or Redevelopment During the kick-off meeting, Geosyntec will discuss with the City how best to incorporate the spreadsheet tool developed for ACCWP member agencies (distributed in August 2016) to quantify the area of impervious surface that must receive GI stormwater treatment to meet the TMDL wasteload allocations in the MRP. The method for establishing public impervious area targets is proposed to entail identification of two estimates of retrofit and/or redevelopment area: 1. Approximating the total area needed to be redeveloped or retrofit to meet the load reduction targets for years 2020 and 2040 by land use category (i.e., 28 4.11.e Packet Pg. 240 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit A December 28, 2016 2 acres of Old Urban area would meet the City’s PCBs-related GI requirement for 2020 and 681 acres would be required by 2040 per the spreadsheet tool default inputs). 2. Identifying the public and private parcels or areas that could feasibly be retrofitted or redeveloped by 2020, 2030, and 2040. Identifying the area needed from a load-reduction perspective can be answered by utilizing the ACCWP GI Implementation Tool. Any approach will entail identification of all C.3 projects that are currently or will be implemented in the City and an estimation of the extent to which C.3 projects could be implemented by 2040. Geosyntec will discuss with the City the best approach to understand what data are available to identify specific parcels or areas that could be subject to C.3 requirements during the kick-off meeting. Once the load reduction associated with the C.3 projects has been calculated, the difference between the required load reduction and the C.3 load reduction can be used to calculate the required retrofit area. The total area feasibly retrofitted or redeveloped, from a total available area and cost perspective, will be discussed with the City during the kick-off meeting, and a method to identify this total area will be established in the memorandum. This method may include a cost-based analysis along with other data gathering steps. The cost-based analysis method is anticipated to be either qualitative or on a planning level, using rough approximations for cost/acre/year. The methodology for this total area analysis will be discussed during the kick-off meeting and documented in the memorandum. The analyses will be carried out as part of Task 3. Public Retrofit Projects and Regional Projects for MRP Term 2.0 The approach proposed to identify potential regional or public GI retrofit project locations is anticipated to entail a detailed GIS desktop analyses used to identify specific parcels or locations for regional facilities within the City for GI retrofit project opportunities. ACCWP is developing an online GIS Tool that could be used to identify and prioritize opportunities for C.3.j projects. This GIS Tool, if available in time, will be used in combination with any other desktop analyses conducted as part of this task. At the project kick-off meeting, Geosyntec will discuss how to best incorporate this GIS Tool into the analysis or alternatives if the Tool is not available in time for this project. It is anticipated that the GIS analyses will use specific characteristics of parcels to screen for feasible project locations. Parcel data will be obtained from the City or other publicly available sources. Geosyntec will also utilize this approach to evaluate opportunities for installing regional controls (i.e., facilities that treat drainage from multiple parcels), potentially in combination with existing flood control basins, if present. 4.11.e Packet Pg. 241 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit A December 28, 2016 3 The GI retrofit sites identified as potentially feasible through the GIS analysis can then be analyzed in terms of potential for reduction of POC loads and runoff volume for the area tributary to each potential retrofit location. The evaluation will be based on a hydrologic budget combined with land use-based pollutant loading. Ideal locations are those where GI control measures could be installed that can treat higher pollutant- loading land uses, such as old industrial and old urban, as well as those that can retain and/or treat as much runoff onsite from the target design storm as is feasible using infiltration and evapotranspiration. The approach to identifying public retrofit project sites and regional project sites will be documented in the memorandum produced as part of this Task, and carried out as part of Task 4. Memorandum Based on discussions with the City during the kick-off meeting, Geosyntec will document the proposed approach to conducting the two main analyses identified (i.e. calculating total area targets, and identifying public GI retrofit and regional project locations) in a technical memorandum. The memorandum will be provided to the City in draft form for review, and a conference call will be set following City review to discuss any major questions or revisions the City may have. This memorandum will also be revised as needed and incorporated into the final Project Documentation as part of Task 6. The memorandum will serve to guide the analyses conducted as part of Tasks 3 and 4. Data Needs An initial data needs document will be sent to the City as an attachment to the draft Memorandum. The initial data needs will be based on the discussions with the City and the content in the draft memorandum; however, it will be updated as needed based on comments received from the City and changes incorporated into a final Data Needs request. The GIS files required to conduct the analyses are anticipated to include land use, existing stormwater and flood control infrastructure, parcel ownership, tributary information, and available information regarding site constraints, such as geotechnical hazards, groundwater contamination, underground utilities, or other data. Any of this information contained within the ACCWP GIS Tool provided is not anticipated to be requested from the City. Deliverables: Draft GI Analyses Methodology Memorandum, Initial Data Needs request, Conference Call, Final Data Needs request. Task 3 – Identify Public Impervious Area Targets for Retrofit or Redevelopment Utilizing the data, ACCWP spreadsheet tool, and methodology documented in the GI Analyses Methodology Memorandum, the targets for public impervious surfaces to be 4.11.e Packet Pg. 242 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit A December 28, 2016 4 retrofitted or redeveloped by 2020, 2030, and 2040, as connected to mercury and PCB load reduction requirements in MRP Provisions C.11 and C.12 will be calculated. The result of these analyses are anticipated to provide an estimation of the total area needed to be retrofit or redeveloped as well as the total area feasibly retrofit or redeveloped by the target dates. The area targets will be summarized in a table and planning level map and shared with the City. Deliverables: Target area calculation result table, planning level map. Task 4 – Identify Retrofit Projects and Regional Projects Utilizing the methodology summarized in the GI Analyses Methodology Memorandum, ACCWP GIS Tool (if available), and data provided by the City, public and private GI retrofit projects and potential regional project locations will be identified. Prior to initiating the analyses and/or as part of Task 3, Geosyntec will work with the City to identify existing, planned, or potential GI projects that should be included in the prioritization analysis. These identified parcels or regional facility locations will then be prioritized based on their implementation feasibility and load reduction potential, utilizing the approach documented in the GI Analyses Methodology Memorandum. Ideal locations are those where GI BMPs could be installed that can retain and/or treat as much runoff onsite from the target design storm as is feasible using infiltration and evapotranspiration. GI BMPs should also target areas that are comprised of higher pollutant-loading land uses, such as industrial, commercial or transportation land uses. To examine load reduction potential, the methodology described in the GI Analyses Methodology Memorandum will be used along with the ACCWP GIS Tool (if available). It is anticipated that this analyses will include an estimation of the hydrologic volume potentially captured by the proposed site (using available tributary area data) along with the potential pollutant load from adjacent land-uses. Geosyntec’s preliminary analysis of land use data shows that there are less than 9.8 acres of Old Industrial land uses within the City; however, there are approximately 2,058 acres of Old Urban land uses. Geosyntec will also examine locations where opportunistic retrofits could be implemented which may not meet the target design storm volume (due to site conditions/constraints), as allowed by the Draft Framework for GI Plan Development, but could result in some hydrologic or water quality benefits. The results of the prioritized analysis will be delivered to the City in a list of potentially feasible GI project sites, as well as a planning-level map of project locations. The map will indicate the identified site locations, the volume that could be captured based on the hydrologic calculations conducted using available data, the land use types draining to the site locations, and a baseline estimate of load tributary to the sites. Following delivery, the sites will be discussed with the City to eliminate any sites that are infeasible. 4.11.e Packet Pg. 243 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit A December 28, 2016 5 Deliverables: List and map of potential GI project locations, including baseline estimate of tributary load. Task 5 – Cost Analysis and Memorandum Following delivery of the target area calculation list and map, as well as the list and map of potential GI project locations, Geosyntec will schedule an in-person meeting or conference call with the City of Dublin to discuss the best approach for developing a cost estimate for implementing the GI Plan, including O&M of GI projects. At this time, cost data needs will also be discussed and/or delivered to the City. Geosyntec will utilize cost data provided by the City as well as available cost data obtained from other regions that have implemented GI, including extensive data from Los Angeles County Enhanced Watershed Management Plans, to examine costs. Cost data requested from the City to conduct the analysis is anticipated to include construction costs from GI projects that have been implemented, as well as O&M costs or annual budgets, coupled with estimations of hours spent maintaining GI sites. The City cost data will be extrapolated using cost data from other regions to estimate the planning level costs of implementation of GI over MRP Term 2.0, as well as the time ranges from 2020 to 2030, and 2030 to 2040. The cost data will be documented in a short memorandum along with a summary of the calculation approach. Deliverables: In-person cost discussion meeting and data needs; Cost Analysis Memorandum including estimated costs for implementation and description of calculation approach. Task 6 – Modification of Countywide Clean Water Program GI Details for City Standards Geosyntec will also meet with the City to discuss changes to the ACCWP GI Details to meet the City Standards. This meeting could take place at the same time as the cost meeting or could be scheduled as a subsequent conference call. Prior to the meeting, Geosyntec will review applicable City Standards (stormwater standards as well as additional standards identified by the City) which could affect the details. Geosyntec will discuss with the City the changes needed for the details and will utilize CAD to make the changes to the files. Draft CAD detail files will be submitted to the City for review and comment. Based on feedback from the City, Final CAD detail drawings (in CAD and pdf) will be submitted to the City. This task assumes that the City or ACCWP will provide Geosyntec with the original CAD files that will be revised. Deliverables: Meeting or conference call to discuss details; Draft GI Details; Final GI Details. 4.11.e Packet Pg. 244 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit A December 28, 2016 6 Task 7 – Final Documentation Geosyntec will compile the memoranda, tables, maps, and figures from Tasks 2 through 6 and develop documentation to summarize the project methods and findings. The documentation will be prepared consistent with the format included in the Framework for Green Infrastructure Plan Development (ACCWP, 2016, currently DRAFT) and anticipated planning documents. The documentation developed as part of this scope will be prepared with the intent of being directly utilized in the City’s Green Infrastructure Workplan document. Deliverables: Draft documentation summarizing the project methods, findings, and compiled result figures and tables; final documentation summarizing the methods and findings and compiled result figures and tables. Task 8 – Identify Additional Needs for SWRP As part of Task 8, Geosyntec will review plans and reports relevant to the SWRP prepared for and provided by the City. Then, using a comparison table, the work needed to complete the GI Plan will be compared to the water code requirements for the SWRP to understand the additional analyses and SWRP text that will be needed. A summary of the additional needs for the SWRP will be provided to the City of Dublin for discussion. Based on the requirements above, they are anticipated to include but are not limited to: 1. A more comprehensive summary of City watersheds and the water quality priorities for those watershed (in addition to the TMDL POCs); 2. A summary of Plan consistency or integration with GI Plan and MRP Requirements; 3. Identification of projects which could meet multiple benefits (not just reduction of TMDL POCs), including flooding, water supply, and other environmental and community benefits, using input from stakeholders and an expanded GIS analysis; 4. Prioritization of projects based on a multiple benefit approach (not just reduction of TMDL POCs); 5. Expansion on GI Plan-required implementation strategy and schedule to include additional projects; and 6. Expansion on Education and Outreach. An estimate of effort associated with the development of the SWRP will also be developed and provided to the City. Deliverables: Table comparing SWRP requirements to GI Plan requirements; Estimate of additional effort needed to complete SWRP. 4.11.e Packet Pg. 245 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit A December 28, 2016 7 Task 9 – Analysis of Stormwater Capture Project Feasibility For Task 9, Geosyntec will conduct a desktop analysis to examine the feasibility of implementing stormwater capture projects in the City. These include projects that use stormwater and urban runoff as a water supply either directly via surface storage, or indirectly through groundwater recharge. The approach is anticipated to include an analysis of potential stormwater supply sources, as well as an examination of possible integration of stormwater sources to optimize yield, and a planning level investigation of where and how to transport, treat, and store the captured stormwater. Water storage and/or recharge locations are anticipated to be identified using a GIS-based feasibility analysis. Parameters which affect feasibility may include but are not limited to: drainage; parcel ownership; geotechnical constraints; soils and geology; depth to groundwater; transport feasibility; treatment capability; runoff quantities; environmental considerations; community impacts; aesthetic concerns; and others. Feasibility data will be requested and obtained from the City, the ACCWP Tool, or other publicly available sources discussed with the City. Following receipt of data, Geosyntec will conduct an analysis to identify feasible stormwater capture project locations in GIS. Based on the watershed area and imperviousness obtained from available data, an estimate of the total runoff that could be captured in the identified project locations can be calculated. The identified locations will be displayed in a map format and the methodology used to identify the locations (which will be similar to that developed for Task 4), will be summarized in a memorandum. In addition to a map of locations, Geosyntec will include a section in the memorandum which describes example stormwater capture technology, and identify potential project partners that could design, install, and maintain (if needed) the technology. Deliverables: Map of potential stormwater capture locations; memorandum describing methods, potential stormwater capture technologies, and potential project partners. Task 10 – Project Management and Meetings This task provides the overall management of the project. Immediately upon award of the contract, the Geosyntec PM will develop a Project Administration Plan (PAP) based on discussions with the City. This task will also include conference calls and other communications that Geosyntec has with the City that are not specifically called out in tasks above. These are anticipated to include phone meetings that occur as needed for project coordination or to discuss emerging issues that require prompt attention. Deliverables: Project Management; Client Communication. 4.11.e Packet Pg. 246 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) EXHIBIT B COMPENSATION SCHEDULE 4.11.e Packet Pg. 247 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit B December 28, 2016 EXHIBIT B COMPENSATION SCHEDULE Project Schedule The project will begin January 11, 2017 and the scope will be completed by July 31, 2017, with an estimated 7-month total duration. Task Anticipated Completion Date 1 – Kickoff Meeting and Prep January 20, 2017 2 – GI Analyses Memo and Data Needs February 28, 2017 3 – Identify Impervious Area Targets February 28, 2017 4 – Identify Projects for MRP Term 2.0 April 30, 2017 5 – Cost Analysis April 30, 2017 7a – draft of Final documentation May 15, 2017 6 – GI Details May 31, 2017 7 – Final Documentation May 31, 2017 8 – Identify Additional Needs for SWRP June 30, 2017 9 – Analysis of Stormwater Capture Project Feasibility July 31, 2017 10 – Project Management July 31, 2017 Project Budget The budget for completion of tasks outlined in the scope of work included as Exhibit A is included in the Table following. A Geosyntec rate schedule is included at the end of this section. Cost estimates are provided on a time and materials basis with a total budget of approximately $85,000. The budget assumes the following: 1. Data needed for the analyses conducted as part of Tasks 3, 4, 5, 8, and 9 will be provided by ACCWP or the City of Dublin unless stated in Exhibit A, in the GI Analyses Methodology Memorandum, or specific discussions with the City that data will be obtained or provided by Geosyntec. 2. There will be no more than two (2) in-person meetings with the City. 3. The Draft ACCWP Framework for GI Plan Development and associated tools will not change to the extent that they would cause substantial changes to the proposed budget. 4. CAD files of details which require modification will be provided by ACCWP or the City to complete Task 6. 4.11.e Packet Pg. 248 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit B December 28, 2016 Task Total Labor Cost 3% Communications Fee Total Task Budget 1 - Kickoff Meeting and Prep $1,872 $56 $1,928 2 - GI Analyses Memo and Data Needs $8,914 $267 $9,181 3 - Identify Impervious Area Targets $7,924 $238 $8,162 4 - Identify Public Projects $11,154 $335 $11,489 5 - Cost Analysis and Memo $6,950 $209 $7,159 6 - GI Details $7,626 $229 $7,855 7 - Final Documentation $9,278 $278 $9,556 8 - Identify Additional Needs for SWRP $4,398 $132 $4,530 9 - Analysis of Stormwater Capture Project Feasibility $18,012 $540 $18,552 10 - Project Management $6,372 $191 $6,563 Total Project Budget $82,500 $2,475 $84,975 4.11.e Packet Pg. 249 Attachment: 5. Consulting Services Agreement with Geosyntec Consultants (Amend Consultant Agreements - CIP ST0317 and ST0216) Attachment A to the Resolution AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GEOYSNTEC CONSULTANTS, INC. WHEREAS, on January 10, 2017, the City of Dublin (hereinafter referred to as "CITY") and Geosyntec Consultants, Inc. (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for Stormwater Resource/Green Infrastructure Plan services (hereinafter referred to as the "AGREEMENT'); and WHEREAS, task one in the AGREEMENT for phase I conceptual development of a Green Infrastructure Work Plan is complete and task two, evaluating the benefits of developing a stormwater resource plan, is pending completion as coordination efforts continue with the Alameda Countywide Clean Water Program and the Zone 7 Water Agency; and WHEREAS, the term of said AGREEMENT expired on August 31, 2017; and WHEREAS, CITY and CONSULTANT now desire to extend the terms of the AGREEMENT an additional fifteen months until December 5, 2018; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to continue green infrastructure planning required under the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit and move forward with development of a functionally equivalent stormwater resource plan required under California Water Code as a condition for receiving state funds for stormwater and dry weather runoff capture projects; and WHEREAS, the compensation schedule of the CONSULTANT has been updated to reflect 2017 compensation rates; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $85,000 to a not-to-exceed amount of 192,000. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Extension of Term: The AGREEMENT is amended to extend the termination date to December 5, 2018. 2) Revised Exhibit A: Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 3) Revised Exhibit B: Exhibit B (Compensation Schedule) of the AGREEMENT is amended per the attached. 4.11.f Packet Pg. 250 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP 4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated. By: Chris opher L. Fo ty Manager ATTEST: By: Caroline Soto, City Clerk Geosyntec Consultants, Inc. Dated: g . 5 Zo By: Nancy Bice, Vice resident 4.11.f Packet Pg. 251 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP August 2017 EXHIBIT A SCOPE OF SERVICES-City of Dublin Green Infrastructure/Stormwater Resource Plan Contract Amendment Current Contract: The tasks not completed for the current contract include: Task 9-Analysis of Stormwater Capture Project Feasibility, and Task 10-Project Management. Geosyntec has not performed the desktop analysis to examine the feasibility of implementing stormwater capture projects in the City, as this analysis is anticipated to be partially conducted through parallel efforts by the Alameda County Clean Water Program (ACCWP) and the EPA grant-funded SFEI "Preparing for the Storm" project. Once the extent of other efforts is known, Geosyntec will perform additional analyses needed to complete the stormwater capture feasibility tasks and associated project management for the City of Dublin as part of this amended contract. Amended Contract Tasks Tasks to be performed under the amended contract are summarized following. Tasks are numbered 11 - 20 to distinguish tasks from the previous contract. Tasks 18 - 20 are considered optional at this time and will be performed if directed by the City of Dublin. Task 11: PCBs Source Property Referrals and Self-Abatement Reports Geosyntec will assist the City of Dublin in completing a PCBs source property referral process or self-abatement report for up to three sites. Geosyntec will utilize information from City of Dublin to complete the source property referral form for each source property. Geosyntec will conduct one site visit to each referral site to investigate the need and options for enhanced operations and maintenance measures associated with the source property referral. Geosyntec will discuss the options for enhanced operations and maintenance prior to completing the referral form. Geosyntec will participate on conference calls with the San Francisco Bay Regional Water Quality Control Board as needed to discuss the site referral. For self-abatement reports, Geosyntec will gather information that is available on the site from the City of Dublin and publicly-available data to complete the Self-Abatement Report form. Assumptions: No monitoring will be conducted by Geosyntec. City staff will accompany Geosyntec staff to assess the need and options for enhanced operations and maintenance measures at each referral site. Assumes an average of 10 labor hours per site. Deliverables: One draft and one final source property referral form or self-abatement report for up to three sites. 4.11.f Packet Pg. 252 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP August 2017 Task 12: Alternative Compliance Program Assistance Geosyntec will assist the City of Dublin to develop an Alternative Compliance Program. As part of this task, Geosyntec will prepare a short handbook to describe the Alternative Compliance Program. The handbook will include: 1. A summary of the types of projects eligible for Alternative Compliance and a description of the MRP requirements, including time frames. 2. Development of a formula to calculate In-Lieu fees. 3. A flow chart describing the process to demonstrate Alternative Compliance, either through Option 1 (LID Treatment at an Offsite Location) or Option 2 (Payment of In-Lieu fees). 4. Text accompanying the flow chart to describe the Alternative Compliance steps in additional detail. 5. Two worksheets—one used to demonstrate Alternative Compliance through Option 1; one used to demonstrate Alternative Compliance through Option 2 and calculate the required In-Lieu fees. 6. A glossary of the relevant terms. Assumptions: Geosyntec will conduct two (2) phone calls with City of Dublin to discuss the Alternative Compliance program (one prior to development of the handbook; one following City of Dublin review of the draft handbook). Deliverables: One draft and one final City of Dublin Alternative Compliance Program Handbook. Task 13: Research Community-based Public-Private Partnerships and Options for Dublin Geosyntec will conduct research to identify potential public-private partnership options for the City of Dublin and will prepare a brief (two-page) memo to describe findings. Assumptions: A total of 10 labor hours will be spent researching and summarizing public-private partnership options. Deliverable: Brief memorandum describing available public-private partnership options for City of Dublin. Task 14: Develop Source Control Typical Details Geosyntec will prepare up to four (4) details for the City of Dublin, including three (3) source control figures and one (1) detail for a bioretention area located in a median. Geosyntec will utilize existing CAD figure linework (to the extent possible) to develop the bioretention area detail. Geosyntec will utilize images displaying source controls from manuals including the CASQA BMP Handbooks to develop source control details. 4.11.f Packet Pg. 253 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP August 2017 Assumptions: There are no existing CAD files that are available to develop the three simple source control details. Geosyntec will conduct up to two (2) phone calls with City of Dublin to discuss the details. Geosyntec will provide two (2) sets of revisions of the draft figures. Deliverables: Draft and final details for three (3) source control measures and one (1) bioretention area located in a median. Task 15: Conceptual Plans for Green Infrastructure for Capital Improvement Plan Projects Geosyntec will review up to six (6) Capital Improvement Plan (CIP) projects provided by the City of Dublin for feasibility for implementation of green infrastructure as part of the CIP project. Geosyntec will conduct the feasibility assessment using a combination of desktop and visual field review. Geosyntec will prepare a brief memo describing the findings of the feasibility assessment, including a photo log as applicable. For those CIP projects that are found to be feasible, Geosyntec will size and site green infrastructure measures for inclusion in the CIP project. Geosyntec will prepare conceptual designs for the green infrastructure component (i.e., 10% designs) for the selected projects. Conceptual designs will include a plan-view aerial or layout provided by the City of Dublin) of the project, and will identify stormwater drainage areas, flow direction (as observed visually in the field and identified through available topography data), locations for green infrastructure sized per the MRP requirements, and locations of green infrastructure outlet tie-ins to the storm drain system. The City of Dublin standard green infrastructure detail(s) best suited for the project (if applicable) will be identified and attached to the conceptual design plan layout. Geosyntec will also conduct cost estimates for each of the conceptual designs developed, including a life cycle assessment. Geosyntec will prepare a brief memo to describe the method and findings of the cost estimates. Assumptions: Geosyntec will conduct one (1) full day field visit to visually examine all the selected CIP project sites (up to six (6) sites). Feasibility will be based on a desktop review of sites using available GIS data, as well as the visual assessment in the field. The conceptual design task will not include more intensive field assessment, including but not limited to: surveying, borings, or infiltration testing, although these services can be provided with additional scope and budget. Cost estimates will be developed using standard assumptions for material type and quantity, labor, construction, and operations and maintenance. Life cycle costs will be developed using City of Dublin's Autocase software license, or using an equivalent spreadsheet method developed by Geosyntec. 4.11.f Packet Pg. 254 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP August 2017 Geosyntec will conduct up to one (1) in person meeting and two (2) phone calls to discuss the task and findings. Deliverables: Draft and Final brief (3-4 page) memo, with photo log, describing feasibility findings for each of the sites. Draft and Final 10% concept designs for up to six (6) projects, with City of Dublin green infrastructure details attached. Cost estimates, including life cycle costs, for up to six (6) projects, and brief (2 page) memo describing methods and summarizing results. Task 16: Provide Stormwater Resource Plan Coordination Assistance Geosyntec will provide coordination assistance with the CWP and Zone 7 on SWRP efforts. This is anticipated to include review of: 1. The Zone 7 Stream Management Master Plan; 2. EPA Grant Funded "Preparing for the Storm" Revised Scope; and 3. ACCWP SWRP task scopes and/or summaries. This is also anticipated to include up to four(4) hour long phone calls with Zone 7, SFEI, ACCWP, and/or the City of Dublin to discuss the SWRP related efforts. Geosyntec will provide relevant materials developed as part of the City of Dublin GI Plan/SWRP scope to Zone 7, ACCWP, and SFEI if needed for their SWRP planning efforts. Geosyntec will provide e-mail summaries to City of Dublin following review of the aforementioned materials, as well as after phone calls conducted. Assumptions: A total of 15 labor hours will be spent on this task. Task 17: Project Management for Tasks 1-6 Geosyntec will provide project management for Tasks 11-16, including task coordination, brief phone calls and e-mail communication with City of Dublin, invoicing, and other administrative tasks. Optional Tasks Task 18: Prop 1 Implementation Grant Application Assistance Geosyntec will assist the City of Dublin with the development of a Prop 1 Implementation Grant Application. The budget for this task assumes the following distribution of work between Geosyntec and the City of Dublin for the sections of the Application (per the Implementation Proposal Application components listed in the Proposition 1 Storm Water Grant Program Guidelines (State Water Resources Control Board, 2015)): 4.11.f Packet Pg. 255 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP August 2017 Section Lead Notes A. Program Selection & Geosyntec can provide General General FAAST Information/ City of Dublin Information about the project to Attachment 1 the City for entry to FAAST B.1. Eligibility Requirements/ City of Dublin City will complete eligibility Attachment 1 require ents for project B.2. Workplan, including figures/ Geosyntec Geosyntec will complete Attachment 2 work Ian and figures City of Dublin will provide input B.3. Budget/Attachment 4 Geosyntec on budget and provide matching cost information City of Dublin will provide input B.4. Schedule/Attachment 5 Geosyntec on construction timelines based on past construction and City scheduling information B.5. Monitoring, Assessment, Geosyntec will complete and Performance Measures/Geosyntec monitoring section and Attachment 7 erformance measures table B.6. Multiple Benefits/ Geosyntec will prepare a table Attachment 8 Geosyntec depicting the quantifiable benefit over the lifetime of the project Geosyntec will provide language B.7. DAC/EDA Benefits/ City of Dublin related to benefits to DAC/EDA Attachment 11 (if applicable) based on project information Question 20.e of application) City of Dublin will identify the Attachment 3: Resumes Geosyntec/City of Dublin individuals working on the technical advisory and planning team for the project Attachment 6: Environmental City of Dublin will provide all Clearance Checklist&CEQA City of Dublin available environmental and Documentation CEQA documents Attachment 9: Technical Report City of Dublin will provide the Summary Geosyntec technical reports relevant for project Assumptions: City of Dublin will lead the application components included in the table above and provide input for the Geosyntec-led components as described. Geosyntec will perform one (1) field visit for additional visual assessment and photographs, as needed. Geosyntec will not perform more intensive field assessment, including but not limited to: surveying, borings, or infiltration testing, although these services can be provided with additional scope and budget. Geosyntec will not develop design documents for the application (unless conducted as part of Task 15), although this can be provided with additional scope and budget. City of Dublin will identify sources and amounts of grant match costs. 4.11.f Packet Pg. 256 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP August 2017 City of Dublin will provide input on typical construction timelines based on past construction and City permitting/inspection scheduling information. This task does not include the completion of an Environmental Clearance Checklist CEQA Documentation. Deliverables: Draft and Final completed Grant Application Package (pulling together portions completed by Geosyntec and City of Dublin), ready for upload to the FAAST website. Task 19: Stormwater Resources Plan or Functionally Equivalent Plan Preparation Geosyntec will prepare sections of a watershed-scale Stormwater Resource Plan or Functionally Equivalent Plan that includes the City of Dublin. Geosyntec assistance on the Plan will include coordination and identification of data and information for City of Dublin staff, as well as completion of analyses and writing. The delineation of work for this task is based on the Functionally Equivalent Plan Template Elements table revised by Shannan Young (City of Dublin) (i.e., "CWP Functionally- Eq uivalent_Plan_Template_Elements_DRAFT SY.docx", sent 9 August 2017). Portions of the plan led by Geosyntec are summarized below: Summarize applicable permits and waste discharge requirements, and how the plan meets these requirements (water code 10562(b)(6), guidelines section V). Prepare a description of discussions with applicable NGOs and local agencies regarding the Plan (water code 10565(a), Section VI.B), and follow Stakeholder Outreach Plan to conduct discussions. Identify decisions made by local, state, or regulatory agencies needed to implement and coordinate plan (Section VI.B). Develop methodology to conduct the metrics-based evaluation for identified projects, conduct the evaluation for all projects using information obtained through GIS desktop analysis, and summarize the evaluation and results. Results will also be summarized in a database format (Section VI.C). Develop methodology to identify and prioritize projects (anticipated to be heavily integrated with the metrics-based evaluation method). Use methodology to identify projects within the City boundary, and prioritize the projects using the results of the metrics-based evaluation and input from the City (Section VI.D). Geosyntec will summarize the results of the prioritization. Summarize how projects are identified to ensure effective implementation of the Stormwater Resource Plan and achieve multiple benefits, and Identify development of appropriate decision support tools (water code 10562(d)(8), Section VI.E). 4.11.f Packet Pg. 257 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP August 2017 Deliverables: Sections of SWRP or Functionally Equivalent Plan as summarized above and in CWP Functionally-Equivalent_Plan_Template_Elements_DRAFT SY.docx", sent 9 August 2017. Task 20: Project Management for Tasks 18-19 Geosyntec will provide project management for Tasks 18-19, including task coordination, brief phone calls and e-mail communication with City of Dublin, invoicing, and other administrative tasks. 4.11.f Packet Pg. 258 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP August 2017 EXHIBIT B COMPENSATION SCHEDULE-City of Dublin Green Infrastructure/Stormwater Resource Plan Contract Amendment Project Schedule The project will begin September 1, 2017, with an estimated 15-month total duration. Anticipated Task Completion Date 11 — PCB Source Property Referrals December 5, 2018 12—Alternative Compliance Program Assistance March, 2018 13— Research Community-based Public-Private Partnerships and Options for Dublin March, 2018 14— Develop Source Control Typical Details December 31, 2017 15—Conceptual Plans for Green Infrastructure for Capital Improvement Plan Projects June 30, 2018 16— Provide Stormwater Resource Plan Coordination Assistance December 31, 2017 17— Project Management for Tasks 1-6 December 5, 2018 18— Prop 1 Implementation Grant Application Assistance December 5, 2018 19—SWRP or Functionally Equivalent Plan Preparation September 1, 2018 20—Project Management for Tasks 8-9 December 5, 2018 Project Budget: The total budget remaining from the previous contract is $12,720. This is summarized in the table below. The budget to complete the Tasks identified for the August 2017 Contract Amendment is provided below. The total estimated cost for Tasks 11-17 is $55,000, and the total estimated costs for Tasks 18-20 is $52,000 (for a total of $107,000). The assumptions used to develop these budget estimates are provided in-line in Exhibit A. Task Total Task Budget Includes 3% Communications Fee for Labor) 9-Analysis of Stormwater Capture Project Feasibility 12,220' 10— Project Management 500' Total Remaining Budget for Tasks 9-10 12,720' 11 —PCB Source Property Referrals 6,300 12—Alternative Compliance Program Assistance 8,400 4.11.f Packet Pg. 259 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP August 2017 Task Total Task Budget Includes 3% Communications Fee for Labor) 13— Research Community-based Public-Private 2,200 Partnerships and Options for Dublin 14— Develop Source Control Typical Details 9,300 15—Conceptual Plans for Green Infrastructure for 20,000 Capital Improvement Plan Projects 16— Provide Stormwater Resource Plan Coordination 3,600 Assistance 17— Project Management for Tasks 11-16 5,200 Total Budget for Tasks 11-17 55,000 18— Prop 1 Implementation Grant Application Assistance 22,000 19—SWRP or Functionally Equivalent Plan Preparation 25,000 20— Project Management for Tasks 18-19 5,000 Total Project Budget(Tasks 11 -20) 107,000 1 Remaining budget as of 8/13/17. 4.11.f Packet Pg. 260 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP August 2017 Detailed Budget for City of Dublin Green Infrastructure/Stormwater Resource Plan Contract Amendment Total Communi Task Principal Senior Professional Senior Staff Project Clerical Total Labor - cations Total Rounded Professional Professional Admin Hours Budget Fee(3% Total of Labor) Rate $250 225 175 150 80 $55 Task 11: PCB Source 3 18 9 30 $6,150 $184 $6,335 $6,300 Property Referrals Task 12:Alternative Compliance Program 4 8 12 20 4 48 $8,120 $244 $8,364 $8,400 Assistance Task 13: Research Community-based Public-Private 2 4 4 10 $2,100 63 2,163 $2,200 Partnerships and Options for Dublin Task 14: Develop Source Control Typical 2 6 48 56 $9,050 $272 $9,322 $9,300 Details Task 15:Conceptual Plans for Green Infrastructure for 4 24 16 68 112 $19,400 $582 $19,982 $20,000 Capital Improvement Plan Projects Task 16: Provide Stormwater Resource 3 12 15 $3,450 $104 $3,554 $3,600 Plan Coordination Assistance Task 17: Project Management for 2 16 12 30 $5,060 $151 $5,212 $5,200 Tasks 11-16 Total(Tasks 11-17) 53,330 $1,600 $54,930 $55,000 4.11.f Packet Pg. 261 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. August 2017 Total Communi Task Principal Senior Professional Senior Staff Project Clerical Total Labor - cations Total Rounded Professional Professional Admin Hours Budget Fee(3% Total' of Labor) Task 18(Optional): Prop 1 g 40 24 40 4 116 $21,420 $643 $22,063 $22,000 Implementation Grant Application Assistance Task 19(Optional): SWRP, or Functionally 8 35 30 60 2 135 $24,235 $727 $24,962 $25,000 Equivalent Plan Preparation Task 20(Optional): Project Management 2 18 4 24 $4,870 $146 $5,016 $5,000 for Tasks 18-19 Total(all Tasks) 103,855 $3,116 $106,971 $107,000 1 Included in budget request summary above. 4.11.f Packet Pg. 262 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. August 2017 GEOSYNTEC CONSULTANTS RATE SCHEDULE Rate/Hour Staff Professional 130 Senior Staff Professional 150 Professional 175 Project Professional 200 Senior Professional 225 Principal 250 Senior Principal 275 Engineering Technician 1 80 Engineering Technician 11 85 Senior Engineering Technician 1 95 Senior Engineering Technician II 100 Site Manager 1 105 Site Manager 11 115 Construction Manager 1 125 Construction Manager II 135 Designer 140 Senior Drafter/Senior CADD Operator 125 Drafter/CADD Operator/Artist 115 Project Administrator 80 Clerical 55 Direct Expenses Cost plus 12% Subcontract Services Cost plus 15% Technology/Communications Fee 3%of Professional Fees Specialized Computer Applications(per hour) 24 Personal Automobile(per mile) Current Gov't Rate Photocopies(per page) 10 Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer Price Indexfor Engineering Services. Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. 4.11.f Packet Pg. 263 Attachment: 6. Amendment #1 to the Consulting Services Agreement with Geosyntec Consultants, Inc. (Amend Consultant Agreements - CIP RESOLUTION NO. xx-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT WITH GEOSYNTEC CONSULTANTS, INC. FOR GREEN INFRASTRUCTURE PLANNING AND STORMWATER RESOURCE PLAN EVALUATION WHEREAS, the City of Dublin (“City”) entered into an Agreement with Geosyntec Consultants, Inc (“Consultant”) on January 10, 2017 to conduct Green Infrastructure Planning and Stormwater Resource Plan Evaluation (“Agreement”); and WHEREAS, on September 5, 2017 the City and Consultant amended the Agreement to add scope, budget, and extend the contract term to December 5, 2018 ; and WHEREAS, the City and Consultant mutually desire to amend the Agreement to increase the scope, increase the compensation, and extend the term to June 30, 2020; and WHEREAS, funding has been included in the Fiscal Year 2018-2019 budget to cover the increased compensation of $157,000. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does hereby approve Amendment #2 to the Consulting Services Agreement between the City of Dublin and Geosyntec Consultants, Inc. attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute Amendment #2 to the Agreement. PASSED, APPROVED AND ADOPTED this 4th day of December 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ 4.11.g Packet Pg. 264 Attachment: 7. Resolution Approving Amendment #2 to the Consulting Services Agreement with Geosyntec Consultants, Inc. for Green Mayor ATTEST: _______________________________________ City Clerk 4.11.g Packet Pg. 265 Attachment: 7. Resolution Approving Amendment #2 to the Consulting Services Agreement with Geosyntec Consultants, Inc. for Green Exhibit A to the Resolution AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GEOSYNTEC CONSULTANTS, INC. WHEREAS, on January 10, 2017, the City of Dublin (hereinafter referred to as "CITY") and Geosyntec Consultants, Inc. (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for Green Infrastructure Planning and Stormwater Resource Plan Evaluation services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, on September 5, 2017 the CITY and CONSULTANT amended the AGREEMENT to add scope, budget and extend the contract term to December 5, 2018; and WHEREAS, the CITY and CONSULTANT now desire to amend the AGREEMENT to continue green infrastructure planning required under the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit and extend the terms of the AGREEMENT to June 30, 2020; and WHEREAS, the compensation schedule of the CONSULTANT has been updated to reflect 2018 compensation rates; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $192,000 to a not-to-exceed amount of $349,000. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Extension of Term: The AGREEMENT is amended to extend the termination date to June 30, 2020. 2) Revised Exhibit A: Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 3) Revised Exhibit B: Exhibit B (Compensation Schedule) of the AGREEMENT is amended per the attached. 4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. 4.11.h Packet Pg. 266 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) December 2018 CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk Geosyntec Consultants, Inc. Dated: By: _____________________________ Nancy Bice, Vice President 4.11.h Packet Pg. 267 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) December 2018 EXHIBIT A SCOPE OF SERVICES – City of Dublin Green Infrastructure/ Stormwater Resource Plan Contract Amendment #2 Current Contract: The estimated current contract budget as of 12/01/2018 is $25,000. The amount needed for each task to be conducted between 12/01/2018 and 06/30/2020 are provided in the “Project Budget” section of this Amendment. The current contract remaining budget is subtracted from the total additional amount requested in the budget summary. Contract Amendment #2 Tasks have been numbered 1 through 7. Contract Amendment #2 Tasks Task 1: GI Plan Assistance and Project Multi-Benefit Evaluation Geosyntec will provide assistance with portions of the City of Dublin’s GI Plan. Specifically, Geosyntec will finalize the project opportunity list and map included in the GI Plan and will assist in documenting a multi-benefit evaluation of select green infrastructure project sites. These multi-benefits are assumed to include, but are not limited to, reducing heat island effect, reducing GHG emissions through carbon sequestration, decreasing flood risk, and other multi- benefits. The evaluation will be completed by the City using the Autocase for Sites triple bottom line tool. Deliverables: Final GI Plan project opportunity list and maps; Multi-benefit Evaluation Results and Final Documentation of grant spreadsheet/scoring Method. Task 2: Green Infrastructure Funding and Financing Strategy Geosyntec will work with the City of Dublin on their GI funding and financing strategy as part of Task 2. This work will build on the City of Dublin Alternative Compliance Program Handbook and Public Private Partnerships White Paper produced for the City as part of Contract Amendment #1. Task 2-a: Brainstorming Roundtable and GI Funding/Financing Strategy Memo The task will begin with a brainstorming roundtable with necessary City staff to identify the GI funding and financing pathways to pursue. It is anticipated that these could include: 1. Development of an alternative compliance/in-lieu fee program; 2. Assessment and development of specific additional financing mechanisms, such as public-private partnerships; and 3. Participation in broader or regional discussions on water quality trading programs. A draft and final GI Funding/Financing Strategy Memo summarizing the brainstorming meeting will be synthesized along with additional information from an internal assessment on funding to document the funding/financing pathways the City intends to pursue. The strategy memo will be used to make up the content for Section 6 of the GI Plan. 4.11.h Packet Pg. 268 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) December 2018 Deliverables: Preparation for and attendance at City GI Funding/Financing Strategy Roundtable; Completion of Draft and Final GI Funding/Financing Strategy Memo. Following the finalization of the GI Funding/Financing Strategy Memo, the identified funding programs will be further developed as part of task 2-b. Task 2-b: Development of Identified GI Funding/Financing Programs Prior to beginning Task 2-b, the specific tasks conducted as part of the task and deliverables produced will be fully scoped and submitted to the City for approval. If determined by the City during Task 2-a that an alternative compliance/in-lieu fee program will be developed, Geosyntec will complete key steps identified in the Alternative Compliance Handbook prepared for the City with an identified team of City staff. The following deliverables would be produced if an Alternative Compliance program is pursued: 1. Assistance in identifying the City’s Alternative Compliance Development Team and up to four in-person meetings with the Team, including agendas and notes. 2. Assistance with selection of the studies to be completed in 2019 and beyond. 3. Development of a roadmap to complete the studies and synthesize the results. 4. Completion of identified studies for 2019. 5. Final report summarizing the findings from the 2019 studies and describing how the findings should be applied to program development. 6. Revised final roadmap, incorporating study findings, with next steps for program development for 2020 and beyond. Additional funding/financing program development tasks conducted as part of this task may include: attending additional inter-departmental City funding/financing meetings; issuing a request for information and/or request for expressions of interest for GI financing options; conducting a debrief/follow up with respondents; drafting a plan for implementation; participating in regional meetings and discussions regarding development of water quality trading; and other tasks. It is assumed that the funding/financing program development steps conducted as part of Task 2-b would not exceed a total effort of $45,000. Task 3: Amador Valley Boulevard Design Drawings and Drainage Calculations Peer Review Geosyntec will peer review 90% and 95% Design Drawings provided by DKS as part of Task 3. Peer review will include: • Review of one set of drainage calculations including detailed delineation of the facility drainage areas to verify that the bioretention areas are sized to achieve 80% average annual runoff capture, or as close as possible given the available footprint area. • Review of one set of 90% plan-view and profile view drawings of each of the two bioretention facilities and details sheets. 4.11.h Packet Pg. 269 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) December 2018 • Review of one set of 95% plan-view and profile view drawings of each of the two bioretention facilities and details sheets. Geosyntec will not provide peer review for structural design of major/special/non-standard structures (such as pedestrian bridges) for this project. Peer review comments will be made directly on drawings and major comments (as applicable) will be provided in a brief e-mail memo. To coordinate the review of the drawings, Geosyntec will participate in up to two conference calls with the City and/or DKS and one-in person meeting. Deliverables: Peer review of 90% and 95% Design Sheet Sets and Drainage Calculations. Task 4: Additional Green Infrastructure Project Design Geosyntec will develop design drawings for additional identified priority green infrastructure project opportunities, as directed by the City and budget available. It is assumed that up to $60,000 of effort would be conducted on a time and materials basis under this task, at the discretion of the City. Details regarding design drawing deliverables that would be produced under this task are provided below. Concept-Level Design Each concept-level design deliverable will include: 1. One to two field visits, along with a desktop-level drainage and feasibility check. 2. Phone calls with the City to coordinate design. 3. Two drafts and one final draft concept package, with GIS/aerial vicinity map, BMP location plan-view map, description and preliminary footprint sizing. 4. Planning-level cost estimate. Concept design package effort is anticipated to range from $7,000 - $10,000 for simpler streetscape type projects and up to $20,000 for complex, multi-party regional projects. Deliverables: Draft and Final Concept Design Package (per project). Thirty Percent and Fifty Percent Design The level of effort needed for development of 30% or 50% design will vary widely depending on the project characteristics. If 30% or further levels of design drawings are desired under this contract, Geosyntec will provide a detailed scope of work for each identified project, which will identify the tasks and deliverables. The detailed scope of work will be developed with the City to identify: 1. Subcontractor needs (e.g., surveying, potholing, etc.); 2. Study needs (e.g., drainage, geotechnical); 4.11.h Packet Pg. 270 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) December 2018 3. Number of sheets (30% would be assumed to include Plan view and typical details; 50% would be assumed to include Plan and Profile view, material specifications, and typical details; further levels of design would also include modified details); and 4. Other design needs (e.g., landscape palette). It is assumed that structural design of major/special/non-standard structures, landscaping, and irrigation plans would not be completed under this task unless conducted by a subcontractor at the direction of the City. Task 5: Regional Project Identification, Coordination, and Grant Application(s) Geosyntec will assist with identification of regional projects for grant application submittal and assistance with grant application(s). Grants may include the Urban Greening Grant, Prop 1 grant, Caltrans bike/ped improvement grant, Cap and trade grants, or other identified grants. Geosyntec will also assist with coordination of regional projects funded by other funding mechanisms, such as Caltrans alternative compliance. Task 5-a: Coordination with other Regional Entities and Identification of Project(s) As part of Task 5-a, Geosyntec will assist the City in identifying regional green infrastructure and/or other multi-benefit projects that could be implemented within the City and/or assist with regional project coordination efforts. It is assumed that no more than $2,000 would be spent on this task on a time and materials basis. Deliverables: Final regional project opportunity maps and/or regional project coordination effort. Task 5-b: Development of Grant Application Following identification of strong candidate project(s), Geosyntec will assist the City in conducting technical analyses in support of grant application(s) developed by the City for the identified project(s). Prior to beginning Task 5-b, the specific tasks conducted as part of the task and deliverables produced will be fully scoped and submitted to the City for approval. As an example of the services provided, if a Prop 1 Implementation Grant is pursued, details regarding the grant application are provided in the following table. Section Lead Notes A. Program Selection & General FAAST Information/ Attachment 1 City of Dublin Geosyntec can provide General Information about the project to the City for entry to FAAST B.1. Eligibility Requirements/ Attachment 1 City of Dublin City will complete eligibility requirements for project B.2. Workplan, including figures/ Attachment 2 City of Dublin Geosyntec will complete workplan and figures as assigned by the City. 4.11.h Packet Pg. 271 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) December 2018 Section Lead Notes B.3. Budget/ Attachment 4 Geosyntec City of Dublin will provide input on budget and provide matching cost information B.4. Schedule/ Attachment 5 City of Dublin Geosyntec will review schedule as a check. B.5. Monitoring, Assessment, and Performance Measures/Attachment 7 Geosyntec Geosyntec will complete monitoring section and performance measures table B.6. Multiple Benefits/ Attachment 8 Geosyntec Geosyntec will prepare a table depicting the quantifiable benefit over the lifetime of the project, using data derived from Task 1 of this 2nd Amendment. B.7. DAC/EDA Benefits/ Attachment 11 (if applicable) Not Applicable Not Applicable Attachment 3: Resumes City of Dublin City of Dublin will identify the individuals working on the technical advisory and planning team for the project Attachment 6: Environmental Clearance Checklist & CEQA Documentation City of Dublin City of Dublin will provide all available environmental and CEQA documents Attachment 9: Technical Report Summary Geosyntec Geosyntec will support the development of technical reports need for the application at the direction of the City of Dublin Assumptions: • City of Dublin will lead the application components included in the table above and provide direction for technical analyses needed from Geosyntec. • Geosyntec will perform one (1) field visit for additional visual assessment and photographs, as needed. • Geosyntec will not perform more intensive field assessment, including but not limited to: surveying, borings, or infiltration testing, although these services can be provided with additional scope and budget. • Geosyntec will not develop design documents for the application (unless conducted as part of Task 4), although this can be provided with additional scope and budget. • City of Dublin will identify sources and amounts of grant match costs. • This task does not include the completion of an Environmental Clearance Checklist & CEQA Documentation. • It is assumed that each grant application will require approximately $25,000 in effort on a time and materials basis. One application has been budgeted for this task. 4.11.h Packet Pg. 272 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) December 2018 Deliverables: Draft and Final Technical analyses, budgets, and work plans, as requested. Task 6: Regulation Managing Priority PCBs-Containing Materials During Building Demolition Projects Assistance Geosyntec will provide technical assistance to the City related to the adoption of an ordinance, resolution, or other regulatory mechanism for managing PCBs-containing materials during building demolition. Analyses will include an estimate of the number of applicable structures within the City, and other tasks at the direction of the City as budget is available. Applicable structures are defined as structures built or remodeled from January 1, 1950 to December 1, 1980, with remodeling, partial building, wood framed structure, and single-family residence demolition projects being exempt. Deliverables: Spreadsheet deliverable including details regarding the estimated applicable structures within the City; Other related technical analyses as directed by the City, up to a total task budget of $5,000. Task 7: Project Management for Tasks 1-6 Geosyntec will provide project management for Tasks 1-6, including task coordination, brief phone calls and e-mail communication with City of Dublin, invoicing, and other administrative tasks. 4.11.h Packet Pg. 273 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) December 2018 EXHIBIT B COMPENSATION SCHEDULE – City of Dublin Green Infrastructure/ Stormwater Resource Plan Contract Amendment #2 Project Schedule The project will begin December 5, 2018, with an estimated 13-month total duration. Task Anticipated Completion Date 1 – GI Plan Assistance and Project Multi-Benefit Evaluation June 30, 2019 2 – Green Infrastructure Funding and Financing Strategy December 2019 3 – Amador Valley Boulevard Design January 31, 2019 4 – Additional Green Infrastructure Design December 2019 5 - Regional Project Identification, Coordination, and Grant Application(s) December 2019 6 - PCBs-Containing Building Materials Ordinance Assistance April 2019 7 – Project Management for Tasks 1-6 June 30, 2020 Project Budget: The total estimated budget remaining from the previous contract as of December 1, 2018 is $25,000. This is summarized in the table below. The budget to complete the Tasks identified for the November 2018 Contract Amendment is provided below. The total estimated cost for Tasks 1-7 is $182,000. The assumptions used to develop these budget estimates are provided in-line in Exhibit A. A detailed summary of time and materials is provided on the subsequent page. Task Total Task Budget* 1 – GI Plan Assistance / Multi-Benefit Evaluation $6,000 2 – Green Infrastructure Funding and Financing Strategy $55,000 3 – Amador Valley Boulevard Design Peer Review $9,000 4 – Additional Green Infrastructure Design $60,000 5 - Regional Project Identification, Coordination, and Grant Application $27,000 6 – PCBs-Containing Building Materials Ordinance Assistance $5,000 7 – Project Management for Tasks 1-6 $20,000 Total Budget for Tasks 1-7 $182,000 Total Remaining Budget for Current Contract $25,000 Total Additional Budget for Amendment #2 $157,000 *Includes Labor, 3% Communications Fee for Labor, Subcontractor Fee, and 15% Markup on Subcontractor. 4.11.h Packet Pg. 274 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) November 2018 Detailed Budget for City of Dublin Green Infrastructure/ Stormwater Resource Plan Contract Amendment Tasks Senior Principal Principal Senior Professional Professional Senior Staff Professional Staff Professional Project Admin Clerical Total Hours Total Labor Budget Communications Fee Travel Total Rounded Rates $280 $255 $230 $178 $153 $133 $82 $57 1 - GI Plan Assistance/ Multi-Benefit Evaluation 2 4 4 22 32 $5,508 $165 $5,673 $6,000 2 - GI Funding and Financing Strategy 40 20 60 64 74 8 266 $53,270 $1,598 $54,868 $55,000 3 - Amador Valley Boulevard Design Review 2 28 12 42 $8,786 $264 $50 $9,100 $9,000 4 - Additional GI Design 16 60 48 100 120 8 352 $58,140 $1,744 $350 $60,234 $60,000 5 - Regional Project and Grant App 2 12 28 16 60 24 12 154 $25,964 $779 $200 $26,943 $27,000 6 - PCBs Containing Buildings 4 4 18 26 $4,694 $141 $200 $5,035 $5,000 7 - PM for Tasks 1-6 16 52 16 14 98 $19,636 $589 $20,225 $20,000 Total 42 72 236 132 302 144 14 28 970 $175,998 $5,280 $800 $182,078 $182,000 4.11.h Packet Pg. 275 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) November 2018 Geosyntec Consultants Rate Schedule Rate/Hour Staff Professional $133 Senior Staff Professional $153 Professional $178 Project Professional $205 Senior Professional $230 Principal Senior Principal $255 $280 Engineering Technician I $ 82 Engineering Technician II $ 87 Senior Engineering Technician I $ 97 Senior Engineering Technician II $102 Site Manager I $107 Site Manager II $117 Construction Manager I $127 Construction Manager II $137 Designer $142 Senior Drafter/Senior CADD Operator $130 Drafter/CADD Operator/Artist $118 Project Administrator $ 82 Clerical $ 57 Direct Expenses Cost plus 12% Subcontract Services Cost plus 15% Technology/Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $ 24 Personal Automobile (per mile) Current Gov’t Rate Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer Price Index for Engineering Services. Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. 4.11.h Packet Pg. 276 Attachment: 8. Exhibit A to Attachment 7 (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 277 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 278 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 279 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 280 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 281 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 282 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 283 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 284 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 285 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 286 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 287 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 288 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 289 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 290 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 291 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 292 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 293 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 294 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 295 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 296 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 297 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 298 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 299 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 300 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 301 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 302 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 303 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 304 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 305 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 306 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 307 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 308 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 309 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 310 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 311 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 312 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 313 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 314 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 315 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 316 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 317 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 318 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 319 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 320 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 321 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 322 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 323 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 324 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 325 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 326 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 327 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.i Packet Pg. 328 Attachment: 9. Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.jPacket Pg. 329Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 330Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 331Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 332Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 333Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 334Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 335Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 336Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 337Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 338Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 339Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 340Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 341Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 342Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 343Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 344Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 345Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 346Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 347Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 348Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 349Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 350Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 351Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 352Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 353Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and 4.11.jPacket Pg. 354Attachment: 10. Amendment #1 to Consulting Services Agreement with BKF Engineers (Amend Consultant Agreements - CIP ST0317 and RESOLUTION NO. _____ - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT WITH BKF ENGINEERS FOR ADDITIONAL ENVIRONMENTAL WORK ON EXTENSION OF DUBLIN BOULEVARD TO NORTH CANYONS PARKWAY PROJECT WHEREAS, on November 1, 2016, the City Council adopted Resolution 161-16 approving a Consulting Services Agreement with BKF Engineers (“CONSULTANT”) for conducting preliminary engineering and preparing an Environmental Impact Report for the extension of Dublin Boulevard in Dublin to North Canyons Parkway in Livermore (“PROJECT”); and WHEREAS, on September 5, 2017, the City Council adopted Resolution 114 -17 approving Amendment #1 to the Consulting Services Agreement for the preparation of an appropriate environmental document under the National Environmental Protection Act (“NEPA”); and WHEREAS, PROJECT is proceeding satisfactorily; and WHEREAS, it has been determined that additional environmental studies are needed for the Environmental Assessment document under the NEPA related environmental work; and WHEREAS, the City of Dublin and the CONSULTANT desires to amend existing Consulting Services Agreement to provide additional services to complete additional NEPA related environmental studies work for the PROJECT and extend the term of the Agreement to conclude such work; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $901,485 to a not-to-exceed amount of $1,114,177. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the second Amendment to the Consulting Services Agreement with CONSULTANT attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the second Amendment to the Consulting Services Agreement. 4.11.k Packet Pg. 355 Attachment: 11. Resolution Approving Amendment #2 to the Consulting Services Agreement with BKF Engineers for Additional Environmental PASSED, APPROVED AND ADOPTED this 4th day of December 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: __________________________________ City Clerk 4.11.k Packet Pg. 356 Attachment: 11. Resolution Approving Amendment #2 to the Consulting Services Agreement with BKF Engineers for Additional Environmental AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BKF ENGINEERS WHEREAS, on November 1, 2016, the City of Dublin (hereinafter referred to as "CITY") and BKF Engineers (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for preliminary engineering and environmental work on Dublin Boulevard extension to North Canyons Parkway in Livermore Project (hereinafter referred to as the “AGREEMENT”); and WHEREAS, on September 5, 2017, the City Council adopted Resolution 114-17 approving Amendment #1 to the Consulting Services Agreement for the preparation of an appropriate environmental document under the National Environmental Protection Act (“NEPA”); and WHEREAS, the work on the Project is proceeding satisfactorily; and WHEREAS, previously unforeseen environmental studies are now determined to be required to complete the Environmental Assessment document under the National Environmental Protection Act (“NEPA”); and WHEREAS, the term of said AGREEMENT is expiring on June 30, 2019; and WHEREAS, CITY and CONSULTANT now desire to extend the terms of the AGREEMENT an additional 12 months until June 30, 2020 to allow for the completion of additional work; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to add monies for the preparation of additional environmental studies under the National Environmental Protection Act regulations; and WHEREAS, the compensation schedule of the CONSULTANT has been updated to reflect 2018-19 compensation rates; and WHEREAS, due to the additional work needed, the CITY desires to increase CONSULTANT compensation from $901,485 to a not-to-exceed amount of $1,114,177. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Extension of Term: The AGREEMENT is amended to extend the termination date to June 30, 2020. 2) Revised Exhibit A: Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 4.11.l Packet Pg. 357 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) 3) Revised Exhibit B: Exhibit B (Compensation Schedule, and consultant hourly rate sheets) of the AGREEMENT is amended per the attached. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B 4) Except to the extent inconsistent with the First and Second Amendments, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk BKF ENGINEERS Dated: By: _____________________________ Gordon C. Sweet, Vice President BKF Engineers 4.11.l Packet Pg. 358 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) 4.11.l Packet Pg. 359 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit A BKF No. 20167083-10 November 19, 2018 Obaid Khan, PE Transportation and Operations Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Amendment #2 – Dublin Blvd-North Canyons Pkwy Extension ASR #3 – CEQA/NEPA Decouple ASR #4 – NEPA Cultural Dear Mr. Khan, Per our discussion, the BKF Engineers (BKF) Team has prepared and combined the additional service requests (ASR) #3 and #4 that address work outside the limits of our current contractual scope of work; specifically related to the decoupling of the CEQA and NEPA environmental clearance process, and the request by Caltrans for additional cultural studies, testing, and analysis in the form of XP1 testing, field work, and revisions to the previously drafted HPSR and ASR studies. We understand the City is interested in decoupling the Environmental Impact Report (EIR) and Environmental Assessment (EA) in order to expedite the CEQA environmental approval process as a priority, which will offer possible short-term opportunities from a local, regional and state funding and design standpoint, while accelerating the schedule. In conjunction with the other scope of the project (approved plan line study), the decoupled EIR will open private property opportunities to move forward with property development based on an approved plan line study through the City of Dublin, and the adjacent jurisdictions including County of Alameda and City of Livermore. However, the City’s interest in preserving the ability to pursue other funding opportunities at a Federal level requiring NEPA clearance has not wavered; as such – we understand proceeding and completing the NEPA EA in consideration of the additional cultural requirements is also a priority. This amendment request summarizes the additional scope of services and fee required for our environmental subconsultant, Circlepoint, their subconsultants, and BKF Engineers to proceed to complete the decoupling of the CEQA/NEPA environmental document, including addressing the additional cultural studies, field investigation, and testing requested. This amendment request package is broken down as follows: I.Additional Scope of Services – CEQA/NEPA Decoupling (ASR #3) II.Additional Scope of Services – Cultural Analysis, Field Work, Testing, and Reporting (ASR #4) III.Compensation 4.11.l Packet Pg. 360 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) City of Dublin Dublin Boulevard-North Canyons Parkway Extension Project Amendment #2 November 5, 2018 Page 2 of 6 ADDITIONAL SCOPE OF SERVICES – CEQA/NEPA Decoupling (ASR #3) Based on prior discussions covered under Amendment No. 1, the current scope of the Dublin Blvd Extension Project is based on joint CEQA/NEPA environmental document (EIR/EA) using Caltrans’ templates for the document and all environmental technical reports identified in the Preliminary Environmental Study (PES). As part of that effort, the BKF Team, including Circlepoint, Kittelson, and a host of other subconsultants, have drafted and/or completed over a dozen technical studies, reports and memos, including a handful that have been reviewed and approved to date by Caltrans. To date, the joint CEQA/NEPA document has been developed following the Caltrans annotated outline for an EIR/EA and is approximately 50% complete; the technical reports that have been completed and/or approved have been summarized in the draft environmental document (DED) and a project description nearly finalized. Due to delays in the NEPA process outside of our control, the City, as CEQA lead agency, has requested a scope/fee to decouple the joint CEQA/NEPA document, and proceed with an independent, yet parallel course of a CEQA EIR and a separate NEPA EA. Accordingly, this scope reflects the tasks required to produce a separate, stand-alone EIR using a format acceptable to the City, and a stand-alone EA using Caltrans’ template, in lieu of one combined EIR/EA document using Caltrans’ template (as proposed in our original contracted scope of work and first contract amendment). Related, since the original contracted scope of work and first contract amendment assumed the preparation of one joint document and one combined public review period, a separate public noticing, circulation, and public meeting will be required for the stand-along EA. An overview (summary) of the scope tasks/effort has been included below, and is further detailed in the attachments included in this additional services request (ASR) #3 Package: ASR #3: CEQA Services – CEQA/NEPA Decoupling A.1 Project Coordination, Management and Meetings: In order to coordinate, manage, and decouple the CEQA EIR and NEPA EA moving forward, BKF Engineers has included hours and tasks for project coordination with Circlepoint and the City of Dublin. Efforts include meetings in the form of bi-weekly meetings, focus meetings (face to face and conference calls), and project team coordination during the preparation, review and development of the environmental documents. D.1 CEQA Project Description: Per our coordination meeting on 10/1/18 between BKF, Circlepoint, City of Dublin and City Attorney, it has been agreed to use prior Dublin CEQA EIR examples to prepare a project- description based on the Caltrans-format (joint) project description. Circlepoint will prepare the draft and will incorporate 1 round of comments based on BKF and City review prior to finalizing the PD for incorporation into the EIR. D.2 CEQA EIR: Circlepoint will undertake the task of separating technical analysis completed to-date from NEPA/CEQA format into a CEQA-only format. Circlepoint will move CEQA-only data and analysis from the current EIR/EA into an administrative draft EIR. Preparation of an administrative draft EIR will include completion of CEQA-only sections commonly included in EIRs but not included in Caltrans’ EIR/EA format. As requested by the City at our 10/1/18 meeting, biological and noise reports completed in Caltrans’ format (which include NEPA analysis) will be revised to create CEQA-only versions. These reports will be appended to the Draft EIR, along with other technical reports that do not require updating. 4.11.l Packet Pg. 361 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) City of Dublin Dublin Boulevard-North Canyons Parkway Extension Project Amendment #2 November 5, 2018 Page 3 of 6 RE Reimbursable Expenses –Other direct costs related to printing, reproductions, postage, delivery, mileage/travel, and distribution have been split between the CEQA Reimbursable and NEPA Reimbursable expenses. ASR #3: NEPA Services – CEQA/NEPA Decoupling A.1 Project Coordination: In order to coordinate, manage, and decouple the CEQA EIR and NEPA EA moving forward, BKF Engineers has included hours and tasks for project coordination with Circlepoint and the City of Dublin. Efforts include meetings in the form of bi-weekly meetings, focus meetings (face to face and conference calls), and project team coordination during the preparation, review and development of the environmental documents. D.3 NEPA EA: Using the EA annotated outline provided by Caltrans, Circlepoint will transition the NEPA analysis completed to-date from the EIR/EA template into EA-only format. Separate preparation and review of an EA is anticipated to require additional effort, as some efficiency is lost in comparison to review of one holistic EIR/EA document. Both the CEQA and NEPA processes will proceed concurrently, with the Draft EIR circulating prior to the Draft EA. This approach provides efficiency in preventing the NEPA analysis from becoming “stale” while CEQA moves forward. At this time, there are several unknown elements relating to Cultural Resources, and biological resource documents have not undergone agency review. It is anticipated that some of these items will be resolved prior to circulating the Draft EIR; however, coordination with State agencies will be ongoing. Circlepoint will work closely with the City and Caltrans to maintain up-to-date analysis across the project documents between milestones D.4, D.5, D.6, and D.7 NEPA Public Review and Noticing: Since the Draft EA will require separate public noticing and circulation based on Caltrans’ request/recommendation, a separate level of effort is required to prepare legal notices, attend the Caltrans-required public meeting during public circulation, and respond to public comments received on the Draft EA. Circlepoint will coordinate/work with both the City and BKF to prepare the necessary noticing and hard copies of the EA for both the Draft and Final document, as well as coordinate/lead the efforts to conduct a public hearing, respond to public comments, and finalize the EA. These tasks/subtask and efforts are further detailed in Attachments A & B. o D.4 NEPA Noticing (Draft EA) o D.5 NEPA Public Meeting o D.6 NEPA Public Comments o D.7 NEPA Noticing (Final EA) RE Reimbursable Expenses –Other direct costs related to printing, reproductions, postage, delivery, mileage/travel, and distribution have been split between the CEQA Reimbursable and NEPA Reimbursable expenses. 4.11.l Packet Pg. 362 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) City of Dublin Dublin Boulevard-North Canyons Parkway Extension Project Amendment #2 November 5, 2018 Page 4 of 6 ADDITIONAL SCOPE OF SERVICES – NEPA Cultural (ASR #4) Based on prior discussions covered under Amendment No. 1, the original scope and fee for NEPA environmental clearance was based on the findings/direction covered in the Caltrans approved PES. This included requirements of certain cultural scope, investigations, field survey and the development/preparation of cultural technical studies related to Historic Property Survey Report (HPSR) and Archeological Study Report (ASR), which have been submitted and reviewed by Caltrans Since that time, despite significant discussion/coordination between the Circlepoint, BKF, City, and the Department, Caltrans, as the federal liaison and delegate for NEPA approval in the State of California, has requested additional work, details, and testing on the project site and previously prepared HPSR and ASR, which necessitates further site surveys, additional research, new documentation resources, edits to the draft reports, and physical testing/reporting in the form of an Extended Phase 1 (Cultural Resource Investigation). An overview (summary) of the scope tasks/effort has been included below, and is further detailed in the attachments included in this amendment package: ASR #4: NEPA Services – Cultural – Additional HPSR and ASR Reporting D.8 Additional HPSR and ASR to Reflect Additional Reporting: To respond to Caltrans’ feedback and requests on the draft HPSR/ASR, Circlepoint and WSA must gather additional information on cultural resources and the “potential” resources within the entire Area of Potential Effects (APE) Map; specifically, a focus on historic-period archaeological resources. Circlepoint intends to provide background information using a “whole parcel” approach, while the actual additional archeological work will be focused on the physical operational footprint area and potential archaeological sites that intersect with the operational footprint. This negotiated and reconciled approach (accomplished by the team’s coordination efforts) has helped rein-in the scope of these additional services. Work is assumed to include: o Conduct an additional field visit to support preparation of Department Primary Record (DPR). o Create DPR forms for all the identified resources. o Expand the historic-era context section of Archaeological Survey Report (ASR) to include more information regarding the Inman School and the past inhabitants and land use of the APE (outside of operational footprint) o Add additional built environment resource descriptions to the ASR. o Add additional desktop geoarchaeological analysis to the ASR regarding the likelihood of the APE as a whole and the Cottonwood Creek crossing in particular to contain buried prehistoric archaeological deposits. Geoarchaeological resources are those that may have come from prehistoric Native American use of the area, and are separate from historic-period archaeological resources, which would be more recent deposits. o Analyze the potential for the identified resources to contain currently unknown subsurface resources through background research and field review. D.2 Extended Phase 1 Testing (Cultural Resource Investigation): An Extended Phase 1 (XP1) testing and reporting effort has been requested by Caltrans; the goal of the proposed XP1 testing is to determine the presence or absence of cultural deposits in the site identified on the DPR form prepared in July 2018 (site PW-127-1). This includes preparing an XP2 testing plan and working with Caltrans to get testing plan approval. The XP1 field test would include up to 20 shovel surveys in the PW-127-1 area. This scope of services assumes all shovel tests will be negative and historic-period archeological resources would not be 4.11.l Packet Pg. 363 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) City of Dublin Dublin Boulevard-North Canyons Parkway Extension Project Amendment #2 November 5, 2018 Page 5 of 6 encountered. After field-testing, the results of the shovel survey will be provided in a written report using Caltrans templates, and updates to the ASR will be completed. This scope assumes up to two rounds of review with Caltrans before submittal to the SHPO, followed by one set of comments from SHPO. To facilitate the completion of this technical study, Circlepoint and WSA will meet with Caltrans on an as-needed basis for up to three conference calls. A.2 Project Coordination, Management and Meetings: As the prime consultant leading the project with the City of Dublin, BKF has included hours and tasks for project coordination with Circlepoint, WSA, City, and Caltrans to support the additional process involving HPSR, ASR, DPR, and XP1 Testing. Efforts include meetings, and project team coordination during the preparation, review and development of the environmental documents. Depending on the results of the XP1, Phase II Testing and a Finding of Effect (FOE) may be required. The level of effort associated with Phase II Testing and a FOE would depend on the type and extent of the resource(s) identified. As such, these activities are not included in this amendment request, and a separate scope and fee would be developed for approval prior to beginning such work, if needed. Caltrans has also indicated that an Archeological Evaluation Report (AER) may be required, depending on the outcome of the XP1 and Phase II testing (again, if needed). Since the need and scope of this AER document has not been determined nor finalized with Caltrans, it too would be addressed in a separate scope and fee if needed, and is not included in this amendment request. 4.11.l Packet Pg. 364 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) City of Dublin Dublin Boulevard-North Canyons Parkway Extension Project Amendment #2 November 5, 2018 Page 6 of 6 COMPENSATION – Fee (Amendment #2: ASR #3 and ASR #4) – See Exhibit B We propose to provide the services of this Amendment #2, including the CEQA/NEPA Decoupling (ASR #3) and the NEPA Cultural Services (ASR #4) on a Not to Exceed Fee basis, based on the previously established tasks of the original agreement (CEQA) and Amendment No. 1 (NEPA). See Exhibit B. As we have seen to date, unforeseen circumstances can arise during the remaining environmental process for CEQA and NEPA that may require additional services. At this stage of the project, these circumstances could include changes to the HPSR, ASR, DPR, or XP1 Testing. Although we strive to maintain budget according to the originally contract and scope, these circumstances can inefficiently consume the project budget. For these reasons, we are including small contingency for each ASR to help manage the unforeseen circumstances as we address additional NEPA cultural services and decouple CEQA and NEPA to achieve our certified EIR and EA. This contingency would not be available for use unless we have written consent by the City. Establishing a contingency budget allows for minimal disruption to the schedule if the need were to arise. We appreciate the opportunity to continue our environmental clearance process with the City of Dublin on this exciting project, and look forward to its completion. Please contact me at 925.396.7736 if you have any questions. Respectfully, BKF Engineers Gordon C. Sweet, PE Vice President BKF Engineers Attached to this Scope of Services Letter: ·Circlepoint – Out of Scope Work Request for CEQA/NEPA Decoupling ·Circlepoint – Out of Scope Work Request for Cultural ·Exhibit B - Project Budget Task/Fee Summary – ASR #3: CEQA/NEPA Decoupling and ASR #4: NEPA Cultural 4.11.l Packet Pg. 365 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) Circlepoint | 46 S First Street, San Jose, CA 95113 Phone 408.715.1515 | www.circlepoint.com November 9, 2018 Gordon Sweet BKF Engineers 4670 Willow Rd, Suite 250 Pleasanton, CA 94588 Via email: gsweet@bkf.com RE: Dublin Blvd-North Canyons Extension Project – Out-of-Scope Work: Separate CEQA and NEPA Dear Gordon, Thank you for the opportunity to work with BKF Engineers, cities of Dublin and Livermore, Alameda County (County), and Alameda County Transportation Commission on this very important project. It is a pleasure working with you and the team. Our current scope and fee is based on preparation of a joint NEPA and CEQA environmental document (EIR/EA) using Caltrans’ templates for the document and all environmental technical reports identified in the Preliminary Environmental Study (PES). To date, the Circlepoint team and BKF have prepared the following supporting technical studies in Department of Transportation (Caltrans) District 4 required format:  Air Quality Technical Report and Project of Air Quality Concern Checklist  Natural Environment Study  Preliminary Delineation of Wetlands and Other Waters  Biological Assessment  Incidental Take Permit Application  Community Impact Assessment  Area of Potential Effects map  Historic Property Survey Report  Archeological Survey Report  Noise Study Report  Moderate Visual Impact Assessment  Transportation Impact Assessment There reports have undergone Caltrans review, and the following reports have been approved:  Natural Environment Study  Preliminary Delineation of Wetlands and Other Waters  Noise Study Report  Transportation Impact Assessment The other reports listed above are still undergoing review and approval, and the scoping for an Extended Phase I cultural resource investigation is underway. The joint NEPA/CEQA document, i.e., EIR/EA has been developed following the Caltrans annotated outline for an EIR/EA and is approximately 50 percent complete. The completed technical reports listed 4.11.l Packet Pg. 366 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) Page 2 of 3 Circlepoint | 46 S First Street, San Jose, CA 95113 Phone 408.715.1515 | www.circlepoint.com above have been summarized to assist in populating the document, and a project description has been finalized and included as Chapter 1. Due to delays in the NEPA process beyond our control, the City as CEQA lead agency requested a scope and fee from Circlepoint that includes the separation of the joint NEPA/CEQA document and a parallel process for CEQA (i.e., environmental impact report ([EIR]) and NEPA (i.e., environmental assessment [EA]). Accordingly, this scope reflects the tasks required to produce a separate, stand-alone EIR using a format acceptable to the City, and a stand-alone EA using Caltrans’ template, in lieu of one combined EIR/EA document using Caltrans’ template (as proposed in our original contracted scope of work and first contract amendment). Revisions to the supporting technical reports are also addressed in the scope and fee. A description of the scope tasks is provided below. CEQA Tasks: Prepare CEQA-Only Project Description Using examples provided by the City, Circlepoint will prepare a CEQA-only project description using the current Caltrans-format project description. Circlepoint will respond to one round of comments from the City and incorporate them into a finalized project description for use in the EIR. Prepare Draft EIR Circlepoint will undertake the task of separating technical analysis completed to-date from NEPA/CEQA format into a CEQA-only format. Using examples provided by the City, Circlepoint will move CEQA-only data and analysis from the current EIR/EA into an administrative draft EIR. Preparation of an administrative draft EIR will include completion of CEQA-only sections commonly included in EIRs but not included in Caltrans’ EIR/EA format. As requested by the City, biological and noise reports completed in Caltrans’ format (which include NEPA analysis) will be revised to create CEQA-only versions. These reports will be appended to the Draft EIR, along with other technical reports that do not require updating. NEPA Tasks: Convert NEPA Analysis into EA-Only Format Using the EA annotated outline provided by Caltrans, Circlepoint will transition the NEPA analysis completed to-date from the EIR/EA template into EA-only format. Separate preparation and review of an EA is anticipated to require additional effort, as some efficiency is lost in comparison to review of one holistic EIR/EA document. Both the CEQA and NEPA processes will proceed concurrently, with the Draft EIR circulating prior to the Draft EA. This approach provides efficiency in preventing the NEPA analysis from becoming “stale” while CEQA moves forward. At this time, there are several unknown elements relating to Cultural Resources, and biological resource documents have not undergone agency review. It is anticipated that some of these items will be resolved prior to circulating the Draft EIR; however, coordination with State agencies will be ongoing. Circlepoint will work closely with the City and Caltrans to maintain up-to-date analysis across the project documents between milestones. 4.11.l Packet Pg. 367 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) Page 3 of 3 Circlepoint | 46 S First Street, San Jose, CA 95113 Phone 408.715.1515 | www.circlepoint.com Public Review and Noticing Our original contracted scope of work and first contract amendment include preparation of one joint document and one combined public review period. Since the Draft EIR and Draft EA will require separate public noticing and circulation, additional level of effort is required to prepare legal notices, attend the Caltrans-required public meeting during public circulation, and respond to public comments received on the Draft EA. Circlepoint will prepare the necessary noticing and hard copies of the EA for both the Draft and Final document. Budget The estimated cost for the work described above is $84,565. A detailed cost estimate is included in Attachment A. This scope and fee is independent of the concurrent scoping effort related to cultural resources, and does not include any tasks described in that scope dated September 5 or in the cost estimate for those services dated October 16. We truly appreciate the opportunity to work on this project with BKF Engineers and look forward to its successful completion. The best number to reach me is (510) 285-6761 or via email at b.bohonok@circlepoint.com. Sincerely, Brianna Bohonok, AICP Project Manager Attachment A: Detailed Cost Estimate Accepted for BKF Engineers By:_________________________________________ ___________________________________________ Title Date 4.11.l Packet Pg. 368 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) Cost Estimate - Separate CEQA and NEPA Contract Amendment Dublin Boulevard Extension Rates 250$ 155$ 100$ 90$ Project Director Project Manager Associate/ Graphics Assistant Circlepoint Cost Subconsultant Total Cost Project Tasks Prepare CEQA-Only Project Description 2 8 1,740$ 1,740$ Incorporate City Comments on CEQA-Only PD 2 4 710$ 710$ Finalize CEQA-Only PD 1 1 4 805$ 805$ Subtotal 3 11 8 - 3,255 3,255 Prepare Draft EIR: Conversion to CEQA-only and City template 16 28 70 80 22,540$ 22,540$ Revise Technical Reports - CEQA-only 8 18 16 16 7,830$ 10,000$ 17,830$ Subtotal 16 28 70 80 30,370 - 40,370 NEPA EA Convert NEPA analysis into Caltrans EA-only format 6 12 20 5,360$ 5,360$ Addressing Additional City and Caltrans Comments on EA 8 16 16 30 8,780$ 8,780$ Concurrent preparation of NEPA and CEQA 8 14 40 7,770$ 7,770$ NEPA Noticing - Draft EA 2 8 16 3,340$ 3,340$ NEPA Public meeting during Public Review 4 4 8 2,420$ 2,420$ NEPA Public Comments 2 16 8 20 5,580$ 5,580$ NEPA Noticing - Final EA 2 8 16 3,340$ 3,340$ Subtotal 30 70 68 70 36,590 - 36,590 Total Labor Hours 49 109 146 150 70,215$ -$ 80,215$ Direct Costs Printing and Distribution 3,800$ Meeting Expenses 550$ 4,350 Total Estimate 84,565$ *Subconsultant budgets include an administrative fee 4.11.l Packet Pg. 369 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) Circlepoint | 46 S First Street, San Jose, CA 95113 Phone 408.715.1515 | www.circlepoint.com November 19, 2018 Gordon Sweet BKF Engineers 4670 Willow Rd, Suite 250 Pleasanton, CA 94588 Via email: gsweet@bkf.com RE: Dublin Blvd-North Canyons Extension Project – Out-of-Scope Work: Cultural Dear Gordon, Thank you for the opportunity to work with BKF Engineers, cities of Dublin and Livermore, Alameda County (County), and Alameda County Transportation Commission on this very important project. It is a pleasure working with you and the team. Our original scope and fee for environmental documentation was based on the Preliminary Environmental Study (PES) form which was approved by the Department of Transportation (Caltrans) on November 1, 2017. Since that time, Caltrans has advised that Extended Phase 1 testing and reporting (XP1) will be required. Separately, Caltrans has requested additional work on the Historic Property Survey Report (HPSR) and Archeological Study Report (ASR), which will require further site surveys, additional research, new documentation of resources, and edits to the draft reports. This scope and fee address these items. Additional HPSR and ASR Reporting To respond to Caltrans’ feedback on the draft HPSR and ASR, Circlepoint and WSA will work to gather additional information on cultural resources and potential cultural resources in the APE, with a focus on historic-period archaeological resources. We will provide background information using a “whole parcel” approach as requested by Caltrans, while archaeological work will be focused on the project footprint area and potential archaeological sites that intersect with the footprint. This work will include:  Conduct and additional field visit.  Create DPR forms for all the identified resources.  Expand the historic-era context section of Archaeological Survey Report (ASR) to include more information regarding the Inman School and the past inhabitants and land use of the APE.  Add additional built environment resource descriptions to the ASR.  Add additional desktop geoarchaeological analysis to the ASR regarding the likelihood of the APE as a whole and the Cottonwood Creek crossing in particular to contain buried prehistoric archaeological deposits. Geoarchaeological resources are those that may have come from prehistoric Native American use of the area, and are separate from historic-period archaeological resources which would be more recent deposits.  Analyze the potential for the identified resources to contain currently unknown subsurface resources through background research and field review. 4.11.l Packet Pg. 370 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) Page 2 of 2 Circlepoint | 46 S First Street, San Jose, CA 95113 Phone 408.715.1515 | www.circlepoint.com Extended Phase 1 (Cultural resource investigation) Circlepoint will work with WSA to complete Extended Phase 1 (XP1) testing and reporting. The goal of the proposed XP1 testing is to determine the presence or absence of cultural deposits in the site identified on the DPR form prepared in July 2018 (site PW-127-1). This includes preparing a XP1 testing plan and working with Caltrans to get testing plan approval. The XP1 field test would include up to 20 shovel surveys in the PW-127-1 area. This scope of services assumes all shovel tests will be negative and historic-period archeological resources would not be encountered. After field testing, the results of the shovel survey will be provided in a written report using Caltrans templates, and updates to the ASR will be completed. This scope assumes up to two rounds of review with Caltrans before submittal to the SHPO, followed by one set of comments from SHPO. To facilitate the completion of this technical study, Circlepoint and WSA will meet with Caltrans on an as-needed basis for up to three conference calls. Future Tasks Depending on the results of the XP1, Phase II Testing and a Finding of Effect may be required. The level of effort associated with Phase II Testing and a Finding of Effect would depend on the type and extent of the resource(s) identified. As such these activities are not included here and a separate scope and fee would be developed for approval prior to beginning such work, if needed. Caltrans has also indicated that an AER may be required, depending on the outcome of the XP1 and Phase II testing (if needed). Since the need and scope of this document has not been finalized with Caltrans, it too would be addressed in a separate scope and fee if needed Budget The estimated cost for the Additional HPSR and ASR Reporting and XP1 is $88,125. A detailed cost estimate is included in Attachment A. If it is determined by Caltrans that any of the optional tasks are required, a fully detailed scope and budget for those reports will be provided under separate cover. We truly appreciate the opportunity to work on this project with BKF Engineers and look forward to its successful completion. The best number to reach me is (510) 285-6761 or via email at b.bohonok@circlepoint.com. Sincerely, Brianna Bohonok, AICP Project Manager Attachment A: Detailed Cost Estimate Accepted for BKF Engineers By:_________________________________________ ___________________________________________ Title Date 4.11.l Packet Pg. 371 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) Cost Estimate - Additional HPSR and ASR, XP1Contract AmendmentDublin Boulevard ExtensionRates 250$ 155$ 100$ 90$ 131$ 105$ 86$ 64$ Project DirectorProject ManagerAssociate/ Graphics Assistant Circlepoint Cost Principal Associate III Associate II Associate I WSA* Total Cost Project TasksAdditional HPSR and ASR Reporting8 30 20 8,650$ 8,650$ Fieldwork2 26 40 42 9,120$ 9,120$ Update ASR4 20 30 36 7,508$ 7,508$ Additional DPR Forms4 32 44 48 10,740$ 10,740$ Caltrans Reviews of ASR (Edits)1 20 19 3,865$ 3,865$ Subtotal 8 30 20 - 8,650 - 39,883 XP1-$ -$ Preparation of XP1 Proposal and Approval by Caltrans-$ 1 6 515$ 515$ Preparation of XP1 Testing Plan3 465$ 1 6 515$ 980$ Perform XP1-$ 4 65 50 57 15,297$ 15,297$ Additional Reporting for HPSR/Preparation of Revised HPSR1 2 355$ 1 10 9 1,955$ 2,310$ Preparation of XP1 Report2 5 810$ 1 24 12 3,683$ 4,493$ Revised HPSR/XP1 (Caltrans Review)2 4 5 1,620$ 2 24 12 2 3,942$ 5,562$ Final Draft ASR/HPSR/XP1 for SHPO Submittal2 4 5 1,620$ 4 24 24 5,108$ 6,728$ Revised ASR/HPSR/XP1 (SHPO comments)2 4 5 1,620$ 4 18 19 4,027$ 5,647$ Incorporation of ASR/HPSR/XP1 into Draft EIR/EA4 10 20 24 6,710$ -$ 6,710$ Subtotal 10 28 42 24 13,200 18 165 126 71 35,042 48,242 Total Labor Hours 18 58 62 24 21,850 18 165 126 71 35,042 88,125 Total Estimate88,125$ *Subconsultant budgets include an administrative fee4.11.lPacket Pg. 372Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) Exhibit B Project Budget Task/Fee Summary: ASR #3: ASR #3: CEQA/NEPA Decoupling and ASR #4: NEPA Cultural* Task Description ASR #3 Fee CEQA/NEPA Decoupling ASR #4 Fee NEPA Cultural I CEQA/NEPA Decoupling (ASR #3) CEQA Services A.1 CEQA -Project Coordination, Management & Meetings $4,380 D.1 CEQA –Project Description $3,915 D.2 CEQA –EIR $40,718 RE CEQA -Reimbursable Expenses $2,225 ASR #3 -CEQA Services Subtotal $51,238 NEPA Services A.1 NEPA -Project Coordination, Management and Meetings $4,380 D.3 NEPA –EA $22,432 D.4 NEPA –Noticing (Draft EA)$3,340 D.5 NEPA –Public Meeting $4,940 D.6 NEPA –Public Comments $7,156 D.7 NEPA –Noticing (Final EA)$3,340 RE Reimbursable Expenses $2,225 ASR #3 –NEPA Services Subtotal $47,813 II NEPA –Cultural (ASR #4) NEPA Services A.2 NEPA -Project Coordination, Management and Meetings $3,592 D.8 NEPA -Additional HPSR and ASR Reporting $40,057 D.9 NEPA –XP1 $49,992 ASR #4 –NEPA Services Subtotal $93,641 Subtotal $99,051 $93,641 Contingency $10,000 $10,000 Totals $109,051 $103,641 Amendment #2 Total $212,692 * For detailed breakdown of tasks, hours, and fee associated with ASR #3 and #4, see attached spreadsheets. 4.11.l Packet Pg. 373 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) BKF ENGINEERS November 19, 2018 City of Dublin $220 $174 $118 Hrs.$$250 $155 $100 $90 Lump Sum Lump Sum Hrs.$$ Task A Project Coordination 1 Decoupling CEQA/NEPA 24 20 0 44 $8,760 0 0 0 0 0 $0 44 $8,760 Meetings (Conference Calls/Bi-Weekly/Focus Mtgs)16 4 20 $4,216 0 $0 20 $4,216 Project Management/Coordination 8 16 24 $4,544 0 $0 24 $4,544 24 20 0 44 $8,760 0 0 0 0 -$-$0 $0 44 $8,760 Task D Prepare Appropriate CEQA/NEPA Analysis 1 CEQA-Project Description 3 0 0 3 $660 3 11 8 0 22 $3,255 25 $3,915 Prepare CEQA-Only Project Description 1 1 $220 2 8 10 $1,740 11 $1,960 Incorproate City Comments on CEQA-Only PD 1 1 $220 2 4 6 $710 7 $930 Finalize CEQA-Only PD 1 1 $220 1 1 4 6 $805 7 $1,025 2 CEQA-Draft EIR 0 2 0 2 $348 24 46 86 96 252 $40,370 254 $40,718 Prepare Draft EIR: Conversion to CEQA-Only and City Template 1 1 $174 16 28 70 80 194 $22,540 195 $22,714 Revise Technical Reports - CEQA Only 1 1 $174 8 18 16 16 $5,000 $5,000 58 $17,830 59 $18,004 3 NEPA-EA 0 3 0 3 $522 22 42 36 70 170 $21,910 173 $22,432 Convert NEPA Analysis into Caltrans EA-Only Format 1 1 $174 6 12 20 38 $5,360 39 $5,534 Addressing Additional City and CT Comments on EA 1 1 $174 8 16 16 30 70 $8,780 71 $8,954 Concurrent Preparation of NEPA and CEQA 1 1 $174 8 14 40 62 $7,770 63 $7,944 4 NEPA Noticing 0 0 0 0 $0 2 8 16 0 26 $3,340 26 $3,340 NEPA Noticing - Draft EA 0 $0 2 8 16 26 $3,340 26 $3,340 5 NEPA Public Meeting 4 4 8 16 $2,520 4 4 8 0 16 $2,420 32 $4,940 NEPA Public Meeting during Public Review 4 4 8 16 $2,520 4 4 8 16 $2,420 32 $4,940 6 NEPA Public Comments 4 4 0 8 $1,576 2 16 8 20 46 $5,580 54 $7,156 NEPA Public Comments 4 4 8 $1,576 2 16 8 20 46 $5,580 54 $7,156 7 NEPA Noticing - Final EA 0 0 0 0 $0 2 8 16 0 26 $3,340 26 $3,340 NEPA Noticing - Final EA 0 $0 2 8 16 26 $3,340 26 $3,340 11 13 8 32 $5,626 59 135 178 186 5,000$5,000$558 $80,215 590 $85,841 35 33 8 76 $14,386 59 135 178 186 5,000$5,000$558 $80,215 634 $94,601 $50 $3,800 $3,850 $50 $550 $600 $100 $4,350 $4,450 $14,486 $84,565 $99,051 $10,000 $109,051 Amendment #2 Project Subtotal: Contingency Project Total Not to Exceed Fee: Circlepoint TotalBKF Total Subtotal Reimbursable ExpensesCirclepointTotalHours Circlepoint/EnvSubconsultantFeeTotalCost2019 Professional Rates DrafterIIITaskHoursCirclepoint Environmental ProjectManagerBKF Engineers Civil, Survey, R/W and Project Management EngineerIIIHTHarveyIllingworthPrinting and DistributionBKFTotalHoursBKFFeeReimbursable Expenses Mileage/Travel Associate/GraphicsAssistantTask D Prepare Appropriate CEQA/NEPA Analysis Subtotal: Task A Project Coordination Subtotal: ASR #3: CEQA/NEPA Decoupling Dublin Boulevard-North Canyons Parkway Extension - Project Subtotal Reimbursable Expenses Amendment #2 ASR #3: CEQA/NEPA Decoupling Project Budget Task/Fee Summary Labor Subtotal (Hours and Fee) Printing/Reproduction/Postage/Delivery Mailing ExpensesProjectDirectorSrAssociate 4.11.l Packet Pg. 374 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) BKF ENGINEERS November 19, 2018 City of Dublin $220 $174 $118 Hrs.$$250 $155 $100 $90 Lump Sum Hrs.$$ Task A Project Coordination 1 Project Coordination 10 8 0 18 $3,592 0 0 0 0 $0 0 $0 18 $3,592 Meetings (Conference Calls/Focus Mtgs)8 8 $1,760 0 $0 8 $1,760 Project Management/Coordination 2 8 10 $1,832 0 $0 10 $1,832 10 8 0 18 $3,592 0 0 0 0 -$0 $0 18 $3,592 Task D Prepare Appropriate CEQA/NEPA Analysis 1 NEPA-Additional HPSR and ASR Reporting 0 1 0 1 $174 8 30 20 0 $31,233 58 $39,883 59 $40,057 Update HPSR and ASR to Reflect Additional Reporting 1 1 $174 8 30 20 58 $8,650 59 $8,824 Field Work 0 $0 $9,120 0 $9,120 0 $9,120 Update ASR 0 $0 $7,508 0 $7,508 0 $7,508 Additional DPR Forms 0 $0 $10,740 0 $10,740 0 $10,740 Caltrans Review of ASR (Edits)0 $0 $3,865 0 $3,865 0 $3,865 2 XP1 4 5 0 9 $1,750 10 28 42 24 $35,042 104 $48,242 113 $49,992 Preparation of XP1 Proposal and Approval by Caltrans -0 $0 $515 0 $515 0 $515 Preparation of XP1 Testing Plan 3 0 $0 3 $515 3 $980 3 $980 Perform XP1 -0 $0 $15,297 0 $15,297 0 $15,297 Additional Reporting for HPSR/Preparation of Revised HPSR 0 $0 1 2 $1,955 3 $2,310 3 $2,310 Preparation of XP1 Report 1 1 2 $394 2 5 $3,683 7 $4,493 9 $4,887 Revised HPSR/XP1 (Caltrans Review)1 1 $174 2 4 5 $3,942 11 $5,562 12 $5,736 Final Draft ASR/HPSR/XP1 for SHPO Submittal 1 1 2 $394 2 4 5 $5,108 11 $6,728 13 $7,122 Revised ASR/HPSR/XP1 (SHPO comments)1 1 $174 2 4 5 $4,027 11 $5,647 12 $5,821 Incorporation of ASR/HPSR/XP1 into Draft EIR/EA 2 1 3 $614 4 10 20 24 $0 58 $6,710 61 $7,324 4 6 0 10 $1,924 18 58 62 24 66,275$162 $88,125 172 $90,049 14 14 0 28 $5,516 18 58 62 24 66,275$162 $88,125 190 $93,641 $0 $0 $0 $0 $0 $5,516 $88,125 $93,641 $10,000 $103,641 Amendment #2 Project Subtotal: Contingency Project Total Not to Exceed Fee: Circlepoint TotalBKF Total Subtotal Reimbursable ExpensesCirclepointTotalHours Circlepoint/EnvSubconsultantFeeTotalCost2019 Professional Rates DrafterIIITaskHoursCirclepoint Environmental ProjectManagerBKF Engineers Civil, Survey, R/W and Project Management EngineerIIIWSASeeAttachmentCforHoursBreakdownPrinting and DistributionBKFTotalHoursBKFFeeReimbursable Expenses Mileage/Travel Associate/GraphicsAssistantTask D Prepare Appropriate CEQA/NEPA Analysis Subtotal: Task A Project Coordination Subtotal: ASR #4: NEPA - Cultural Dublin Boulevard-North Canyons Parkway Extension - Project Subtotal Reimbursable Expenses Amendment #2 ASR #4: NEPA Cultural Project Budget Task/Fee Summary Labor Subtotal (Hours and Fee) Printing/Reproduction/Postage/Delivery Mailing ExpensesProjectDirectorSrAssociate 4.11.l Packet Pg. 375 Attachment: 12. Exhibit A to Attachment 10 (Amend Consultant Agreements - CIP ST0317 and ST0216) Budget Change Reference #: From Un-Appropriated Reserves Budget Transfer Between Funds From Designated Reserves Other New Revenue Account Amount Account Amount ST0216.9200.9202 - Design $212,692 3600.9601.49999 (Transfers In)$212,692 ST0216.2217 (2217.9601.89101) - Measure BB Grants Fund - Transfers Out $212,692 2217.0000.47301 $212,692 12/4/2018 Posted By:Date: REV: Measure BB Grants Fund - County Grant As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN Adding more environmental work for the project. REASON FOR BUDGET CHANGE FISCAL YEAR 2018-19 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT EXP: Measure BB Grants - Dublin Blvd Extension City Council's Approval Required \\cc-uem\users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\4079 4079 4.11.m Packet Pg. 376 Attachment: 13. Budget Change Form - CIP ST0216 (Amend Consultant Agreements - CIP ST0317 and ST0216) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendment to the Acquisition Agreement for Community Facilities District No. 2015-1 (Dublin Crossing) Prepared by: Lauren Quint, Assistant City Attorney EXECUTIVE SUMMARY: The City Council will consider an amendment to the Acquisition Agreement for Community Facilities District No. 2015-1 (Dublin Crossing). The purpose of the amendment is to include additional City-imposed impact fees as authorized fees and to revise the competitive bidding requirement for authorized facilities. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Acquisition Agreement for Community Facilities District No. 2015-1 (Dublin Crossing). FINANCIAL IMPACT: None. DESCRIPTION: On July 18, 2017, the City Council approved the Acquisition Agreement between the City and Dublin Crossing, LLC, for Community Facilities District No. 2015-1 (Dublin Crossing) (Attachment 3). The Acquisition Agreement prescribes the terms and conditions under which the Developer of the Boulevard Project, Dublin Crossing, LLC, or affiliated parties, may request disbursement of bond proceeds or available special tax proceeds to pay the acquisition price of authorized public capital facilities or to reimburse the Developer or affiliated parties for authorized capital facility impact fees paid to the City, Dublin San Ramon Services District (DSRSD), or the Zone 7 Water Agency (Zone 7). Under the agreement, disbursement requests are submitted to, and must be approved by, the Director of Public Works prior to disbursement of any requested amount by the Fiscal Agent (which is the party that holds the bond proceeds and excess special tax proceeds on behalf of the City). To date, the Developer has submitted nine payment requests. All payment requests have been for authorized fees paid by the Developer. The authorized fees have 4.12 Packet Pg. 377 Page 2 of 3 included City-imposed impact fees, DSRSD impact fees, and Zone 7 impact fees. There have been no payment requests for authorized facilities; however, it is anticipated that the Developer will submit their first request for authorized facilities in the next few months. The authorized facilities will include backbone public infrastructure improvements constructed in the Phase 1 area of the Boulevard project. Authorized Fees In accordance with the Acquisition Agreement, the Developer has submitted nine payment requests for authorized fees for a total of $16,6 78,857.44. The Director of Public Works has reviewed the requests and approved reimbursement of $15,647,771.83. The $1,031,085.61 difference between requested payment and approved reimbursement represents Developer-paid fees that are not explicitly listed as authorized fees in the Acquisition Agreement. The specific fees for which reimbursement was denied are: Civic Center, Library, and Aquatic Center components of the City-imposed Public Facilities Fee; Tri-Valley Transportation Development Fee; and City-imposed Noise Mitigation Fees. The Developer has requested, and Staff supports, an Amendment to the Acquisition Agreement to include the Civic Center, Library, and Aquatic Center components of the Public Facilities Fee as authorized fees that can be fu nded by Community Facilities District bond proceeds or special tax proceeds. Authorized Facilities Community Facilities District No. 2015-1 (Dublin Crossing) was established for financing both authorized public facilities and authorized fees. Authorized facilities include public facilities and infrastructure, including but not limited to: streets, parks, storm drains, landscaping, water mains, and sewer mains. The Acquisition Agreement details the requirements the Developer must follow in order to be reimbursed for the construction of authorized public facilities. The Developer has requested an Amendment to the Acquisition Agreement to provide clarification as to the reimbursable costs for project construction and to flexibility in the requirements for soliciting at least three competitive bids for each contract for construction of authorized facilities. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving an Amendment to the Acquisition Agreement for CFD No 2015- 1 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 4.12 Packet Pg. 378 Page 3 of 3 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing 4.12 Packet Pg. 379 Page 1 of 2 RESOLUTION NO. __-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AND AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE ACQUISITION AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC WHEREAS, the City formed Community Facilities District No. 2015-1 (Dublin Crossing), City of Dublin, County of Alameda, State of California (the “CFD”) for the purpose of providing financing for certain authorized public facilities and certain authorized capital facility fees (together, the improvements and the impact fees are referred to herein as the “Authorized Facilities and Authorized Fees”) being constructed and installed by or paid by Dublin Crossing, LLC (the “Developer”), pertaining to a development project initially known as “Dublin Crossing” and now renamed “Boulevard;” and WHEREAS, the City and Developer executed that certain Acquisition Agreement between the City of Dublin and Dublin Crossing, LLC on July 18, 2017 , which set forth the list of Authorized Facilities and Authorized Fees and provided a requisition procedure by which the Developer could request reimbursement from bond proceeds and/or CFD special tax proceeds for the cost of Authorized Facilities and Authorized Fees; and WHEREAS, the City in 2017 issued CFD bonds and contemplates issuing additional bonds for the CFD in 2018 and thereafter, the proceeds of which are available for reimbursement and acquisition of additional infrastructure improvements; and WHEREAS, the City and Developer now desire to amend the Acquisition Agreement to amend the requisition process and the facilities and fees that may be reimbursed under the Acquisition Agreement; WHEREAS, City staff and Developer have negotiated the amendment to the Acquisition Agreement (the “Amendment”), the form of which is attached as Exhibit A to this Resolution and incorporated herein by this reference. NOW THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 1. The above recitals are true and are incorporated into this Resolution. 2. The Amendment to the Acquisition Agreement between the City of Dublin and Dublin Crossing LLC, substantially in the form attached as Exhibit A, is hereby approved. 3. The City Manager is authorized and directed to execute the Amendment on behalf of the City, with such changes as may be approved by the City Attorney or by Bond C ounsel for the CFD bonds, and to execute all other documents and take all other actions necessary to carry out the intent of this Resolution. 4.12.a Packet Pg. 380 Attachment: 1. Resolution Approving an Amendment to the Acquisition Agreement for CFD No 2015-1 (Amendment to Acquisition Agreement Page 2 of 2 PASSED, APPROVED AND ADOPTED this 4th day of December 2018, by the following vote: AYES: NOES: ABSENT: __________________________ Mayor ATTEST: ___________________________ City Clerk 3082359.1 4.12.a Packet Pg. 381 Attachment: 1. Resolution Approving an Amendment to the Acquisition Agreement for CFD No 2015-1 (Amendment to Acquisition Agreement 1 FIRST AMENDMENT TO ACQUISITION AGREEMENT Relating to: City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) This First Amendment to Acquisition Agreement (this “First Amendment”) is entered into as of the ___ day of ____________, 2018 by and between the CITY OF DUBLIN, a municipal corporation organized under the State of California (the “City”), and DUBLIN CROSSING, LLC, a Delaware limited liability company (the “Developer”). The City and the Developer are collectively referred to herein as the “Parties.” WHEREAS, the City and the Developer entered into that certain Acquisition Agreement dated as of July 18, 2017 (the “2017 Agreement”) providing for the acquisition of certain improvements by the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “CFD”); and WHEREAS, the City and the Developer desire to modify the provisions of the Payment Request form attached as “Exhibit B” to the 2017 Agreement as it relates to documentation necessary for reimbursement to Developer of costs of the Authorized Facilities (as defined in the 2017 Agreement) from Funding Sources (as defined in the 2017 Agreement); and WHEREAS, the City and the Developer desire to make certain other amendments to the 2017 Agreement and do hereby amend and supplement the 2017 Agreement pursuant to the terms of this First Amendment. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows: Section 1. The defined term “Actual Cost” is amended as follows (strike-through is delete, underline is addition: “Actual Cost” means, with respect to an Authorized Facility or a Discrete Component, an amount equal to the sum of (a) the Developer’s actual, reasonable cost of constructing such Authorized Facility or Discrete Component, including labor, material, and equipment costs, (b) the Developer’s actual, reasonable cost of preparing the Plans for such Authorized Facility or Discrete Component, (c) the Developer’s actual, reasonable cost of environmental evaluations required in the City’s reasonable determination specifically for such Authorized Facility or Discrete Component, (d) the amount of the fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses, or other necessary governmental approvals for such Authorized Facility or Discrete Component, (e) the amount of 9.5% of the amount determined pursuant to subdivision (a) above for construction management services, (f) the Developer’s actual, reasonable cost for professional services directly related to the construction and installation of such Authorized Facility or Discrete Component, including engineering, 4.12.b Packet Pg. 382 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for 2 inspection, construction staking, materials testing, and similar professional services, (g) the Developer’s actual, reasonable cost of any title insurance, escrow fees or costs, or like expenses incurred with respect to transfer of ownership of any such Authorized Facility or Discrete Component, and (h) the Developer’s actual, reasonable cost of any real property or interest therein acquired from a party other than the Developer, which real property or interest therein is either necessary for the construction of such Authorized Facility or Discrete Component (e.g., temporary construction easements, haul roads, etc.) or is required to be conveyed with such Authorized Facility or Discrete Component in order to convey acceptable title thereto to the City or other applicable public entity or public utility, as specified in a Payment Request that has been reviewed and approved by the Director of Public Works or his designee who will be responsible for administering the acquisition of the Authorized Facility or Discrete Component; provided, however, that no item of cost relating to an Authorized Facility or Discrete Component shall be included in more than one category of cost under this definition; and provided further, however, that each item of cost shall be chargeable to the capital account for the Authorized Facility under generally accepted accounting principles. Section 2. The second paragraph of Section 5(d) is replaced in its entirety with the following: “Notwithstanding the foregoing, the Developer shall solicit at least three (3) competitive bids for each contract for construction of Authorized Facilities and award all contracts for construction of the Authorized Facilities (including any Discrete Components thereof), in each case consistent with the Plans and the Conditions of Approval, to the lowest responsible bidder among the competitive bids received. If the nature of the Authorized Facility is such that there are not three responsible contractors from which to solicit bids, then the Developer may solicit less than three competitive bids for the construction of such Authorized Facility. For purposes of clarification, (i) the Developer’s obligation is only to solicit the required number of bids under this Acquisition Agreement; it is not required that the Developer receive a minimum number of responses from contractors; (ii) there shall be no bidding requirements for materials or supplies; and (iii) the bidding procedure described in this Acquisition Agreement shall prevail over any City policies to the contrary.” Section 3. Exhibit A to the 2017 Agreement (Authorized Facilities and Authorized Fees) is replaced in its entirety with the listing attached hereto as New Exhibit A. To the extent any facilities and/or fees listed on New Exhibit A are in addition to those listed in the Authorized CFD Public Improvements adopted for the CFD, this First Amendment constitutes a written agreement as provided in the last paragraph of such list of Authorized CFD Public Improvements, and sets forth the additional improvements or impact fees which are eligible for financing by the CFD. Section 4. Exhibit B to the 2017 Agreement (Form of Payment Request) is replaced in its entirety with the form attached hereto as New Exhibit B. Section 5. For purposes of executing and delivering the Payment Request in the form of Exhibit B, the Developer hereby appoints Gregory Glenn and Joshua Roden, both of Brookfield Bay Area Holdings, LLC, to serve as authorized signatories of Dublin Crossing, LLC, and either person, acting alone, may execute and deliver a Payment Request on behalf of the Developer, and such execution shall be deemed the execution by the Developer. Section 6. Except as set forth in this First Amendment, the terms and conditions of the 2017 Agreement shall remain unchanged and in full force and effect. 4.12.b Packet Pg. 383 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for 3 Section 7. This First Amendment may be executed in counterparts, each of which shall be deemed an original. Section 8. The provisions of this First Amendment shall be governed by the laws of the State of California. Section 9. Each Party represents and warrants to the other that the Agreement has not been amended (except as modified by this First Amendment), constitutes the entire agreement between the Parties, and is presently in full force and effect, with no uncured defaults and with no acts or omissions having occurred which, but for the passing of time or giving of notice, would be a default thereunder. SIGNATURES ON FOLLOWING PAGE 4.12.b Packet Pg. 384 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for 4 IN WITNESS WHEREOF, the Parties have caused this First Amendment to be signed as of the date first above written. CITY OF DUBLIN DUBLIN CROSSING, LLC, a Delaware limited liability company By:________________________________ By: BrookCal Dublin LLC, City Manager a Delaware limited liability company Its: Member ATTEST: By: ___________________________ (Signature) _________________________________ City Clerk ___________________________ (Print Name & Title) APPROVED AS TO FORM: By: ___________________________ (Signature) _________________________________ ___________________________ City Attorney (Print Name & Title) By: SPIC Dublin LLC, a Delaware limited liability company Its: Member By: Standard Pacific Investment Corp., A Delaware corporation Its: Member By: _______________________ (Signature) _______________________ (Print Name & Title) By: ________________________ (Signature) ________________________ (Print Name & Title) 4.12.b Packet Pg. 385 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for A-1 NEW EXHIBIT A AUTHORIZED FACILITIES AND AUTHORIZED FEES A. City Public Capital Improvements: The public capital improvements that are required for the development of the Project and that are authorized to be financed under this Agreement are (i) the following public capital improvements of the City, and (ii) such other public capital improvements of the City not listed below that the City Manager and the Developer mutually agree in a written agreement are eligible as authorized facilities for the CFD. 1. Backbone Storm Drainage 2. Backbone Street Improvements 3. Master Landscaping, Fencing and Signage on Public Property, Including Public Easements and Rights-of-Way B. City-Imposed Impact Fees: The City-imposed impact fees that are required for the development of the Project and that are authorized to be financed under this Agreement are (i) the following City-imposed impact fees, and (ii) such other public City-imposed impact fees not listed below that the City Manager and the Developer mutually agree in a written agreement are eligible as authorized facilities for the CFD. 1. Fire Impact Fees 2. Freeway Interchange Fees 3. Public Art In-Lieu Fees 4. Residential Traffic Impact Fees – Eastern Dublin Fee 5. Development Agreement Fees: a. ACSPA Contribution b. Iron Horse Trail Bridge Contribution c. Park Construction Payment 6. Civic Center Fee 7. Library Impact Fee 8. Aquatic Center Impact Fee. C. Dublin San Ramon Services District (DSRSD): The public capital improvements and impact fees of DSRSD that are required for the development of the Project and that are authorized to be financed under this Agreement are (i) the following public capital improvements and impact fees of DSRSD, and (ii) such other public capital improvements and impact fees of DSRSD not listed below that the City Manager and the Developer mutually agree in a written agreement are eligible as authorized facilities for the CFD. 1. Capital Improvements a. Backbone Sanitary Sewer 4.12.b Packet Pg. 386 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for A-2 b. Backbone Domestic Water c. Backbone Reclaimed Water 2. DSRSD Impact Fees a. Water System Connection Fees b. Water Meter Assembly Fees c. Wastewater Impact Fees D. Zone 7: The public capital improvements and impact fees of Zone 7 that are required for the development of the Project and that are authorized to be financed under this Agreement are (i) the following public capital improvements and impact fees of Zone 7, and (ii) such other public capital improvements and impact fees of Zone 7 not listed below that the City Manager and the Developer mutually agree in a written agreement are eligible as authorized facilities for the CFD. 1. Capital Improvements a. Backbone Storm Drainage 2. Zone 7 Impact Fees a. Water Connection Fees b. Drainage Assessment Fees (Impervious Surface) 4.12.b Packet Pg. 387 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for B-1 NEW EXHIBIT B FORM OF PAYMENT REQUEST City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) Pursuant to the Acquisition Agreement, dated as of July 18, 2017 (the “Acquisition Agreement”), by and between the City of Dublin (the “City”) and Dublin Crossing, LLC (the “Developer”), the Developer hereby requests (a) payment of the Purchase Price of the Authorized Facilities and/or the Discrete Components described in Attachment 1 hereto or (b) reimbursement for the Authorized Fees described in Attachment 1 hereto. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Acquisition Agreement. In connection with this Payment Request, the undersigned hereby represents and warrants to the City as follows: For Authorized Facilities or Discrete Components: 1. The undersigned is an authorized representative of the Developer, qualified to execute this request for payment on behalf of the Developer and knowledgeable as to the matters set forth herein. 2. The Developer has submitted or submits herewith to the Director of Public Works as-built drawings or similar Plans for each of the Authorized Facilities and/or Discrete Components described in Attachment 1, and such drawings or Plans, as applicable, are true, correct and complete representations of the Authorized Facilities and/or Discrete Components listed in Attachment 1. 3. Each of the Authorized Facilities and Discrete Components described in Attachment 1 has been bid in accordance with the requirements of this Agreement, has been constructed in accordance with the Plans therefor and in accordance with applicable City standards, and has otherwise satisfied the provisions of the Acquisition Agreement, and the as-built drawings or similar Plans referenced in paragraph 2 above, and none of the Authorized Facilities or Discrete Components described in Attachment 1 has been the subject of any prior Payment Request. 4. The Developer has submitted or submits herewith to the Director of Public Works soils reports and certifications as appropriate with respect to each Authorized Facility or Discrete Component described in Attachment 1. 5. The true and correct Actual Cost of each of the Authorized Facilities and/or Discrete Components described in Attachment 1 is set forth in Attachment 1. 6. The Developer has submitted or submits herewith to the Director of Public Works a copy of each construction contract for each of the Authorized Facilities and/or Discrete Components described in Attachment 1, a copy of the bid notice for each such 4.12.b Packet Pg. 388 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for B-2 contract and a copy of each change order applicable to each such contract, together with the written approval of each such change order by the Director of Public Works of the City. 7. The Developer has submitted or submits herewith to the Director of Public Works a letter from the Developer evaluating invoices, receipts, worksheets and other evidence of costs for each of the Authorized Facilities and/or Discrete Components described in Attachment 1, which are in sufficient detail to allow the Director of Public Works to verify the Actual Cost of such Authorized Facilities and Discrete Components and, if any of such invoices, receipts, worksheets or other evidence of costs include costs for facilities other than such Authorized Facilities and/or Discrete Components , the Developer has submitted or submits herewith to the Director of Public Works a written description as to how the items and amounts in such invoices, receipts, worksheets and other evidence of costs have been allocated among such other Authorized Facilities and/or Discrete Components, together with evidence that such allocation is appropriate, correct and reasonable. 8. The Developer has submitted or submits herewith to the Director of Public Works evidence that each of the invoices, receipts, worksheets and other evidence of costs referred to in the preceding paragraph, has been paid in full, which evidence is in the form of copies of cancelled checks or such other form as the Director of Public Works of the City has approved in writing. 9. There has not been filed with or served upon the Developer notice of any lien, right to lien or attachment upon, or claim affecting the right to receive, the payment of the Purchase Price for each of the Authorized Facilities and/or Discrete Components described in Attachment 1 which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by operation of law. 10. The Developer has submitted or submits herewith to the Director of Public Works copies of unconditional or conditional (providing for release upon payment) lien releases from all contractors, subcontractors and materialmen for all work with respect to each of the Authorized Facilities and/or Discrete Components described in Attachment 1. 11. The representations and warranties of the Developer set forth in Section 10(a) of the Acquisition Agreement are true and correct on and as of the date hereof with the same force and effect as if made on and as of the date hereof. 12. The Developer represents that it has satisfied the conditions specified in the Acquisition Agreement for the payment of the Purchase Price of Authorized Facilities or Discrete Components. 13. The Developer represents and warrants that, as of the date hereof, there is not present on, under or in any of the Authorized Facilities and/or Discrete Components described in Attachment 1, or any portion thereof, any hazardous materials, except for (i) any t ypes or amounts that do not require remediation or mitigation under federal, state or local laws, ordinances, regulations, rules or decisions, (ii) those that have been remediated or mitigated in full compliance with applicable federal, state or local laws, ordinances, regulations, rules or decisions, (iii) those with respect to which ongoing remediation or mitigation is being performed in full compliance with applicable federal, state or local laws, ordinances, regulations, rules or decisions, (iv) any types or amounts that do not present a human health risk or hazard to the public, and (v) if such Authorized Facilities and/or 4.12.b Packet Pg. 389 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for B-3 Discrete Components described in Attachment 1 were, at the time of commencement of the acquisition, construction and installation of such Authorized Facilities and/or Discrete Components, propert y of the City and, from such time of commencement through and including the date hereof, remained propert y of the City, those hazardous substances that were present on, under or in such Authorized Facilities and/or Discrete Components at such time of commencement. For Authorized Fees: 1. The undersigned is an authorized representative of the Developer, qualified to execute this request for payment on behalf of the Developer and knowledgeable as to the matters set forth herein. 2. The identity and amount of the Authorized Fees are described in Attachment 1. 3. The Developer has submitted or submits herewith to the Director of Public Works evidence that Authorized Fees referred to in the preceding paragraph have been paid in full, which evidence is in the form of copies of cancelled checks or such other form as the Director of Public Works has approved in writing. 4. The representations and warranties of the Developer in Section 10(a) of the Acquisition Agreement are true and correct on and as of the date hereof with the same force and effect as if made on and as of the date hereof. 5. The Developer represents that it has satisfied the conditions specified in the Acquisition Agreement for the reimbursement of Authorized Fees by the City. I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DUBLIN CROSSING, LLC, a Delaware limited liability company By:________________________________ Name: _____________________________ Title:_______________________________ By:________________________________ Name: _____________________________ Title:_______________________________ 4.12.b Packet Pg. 390 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for B-4 APPROVAL BY THE DIRECTOR OF PUBLIC WORKS I, the undersigned Director of Public Works of the City of Dublin, hereby certify as follows: (i) Dublin Crossing, LLC (the “Developer”), has requested payment of the Purchase Price of the Authorized Facilities and/or the Discrete Components or reimbursement for the Authorized Fees described in Attachment 1 hereto. All references hereafter in this certification to “the Authorized Facilities and/or the Discrete Components” shall be deemed to refer to those Authorized Facilities and/or Discrete Components or those Authorized Fees described in Attachment 1 hereto. (ii) I or persons working under my supervision have confirmed that each of the Authorized Facilities and/or Discrete Components is complete in accordance with the Plans. (iii) The Developer has provided me with satisfactory documentation to demonstrate how Actual Cost for the subject Authorized Facilities and/or Discrete Components was calculated, to establish that the Authorized Facilities and Discrete Components are consistent with those presented in the documentation of Actual Cost, and to establish that the Authorized Fees described in Attachment 1 hereto, if any, have been paid by the Developer. (iv) The Actual Cost of the Authorized Facilities and Discrete Components and the amount of Authorized Fees described in Attachment 1 hereto, if any, have been reviewed, verified and approved by me or persons working under my supervision under the terms specified in Section 5 of the Acquisition Agreement. As such, Payment of the Purchase Price of each of the Authorized Facilities and/or Discrete Components and reimbursement to the Developer for the amount of Authorized Fees described in Attachment 1 hereto is hereby approved. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Acquisition Agreement, dated as of July 18, 2017 (the “Acquisition Agreement”), by and between the City of Dublin (the “City”) and the Developer. Dated: _______________________ __________________________________ Gary Huisingh Director of Public Works City of Dublin 4.12.b Packet Pg. 391 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for B-5 ATTACHMENT 1 Authorized Facility, Discrete Component or Authorized Fees Actual Cost Purchase Price Total 3082754.1 4.12.b Packet Pg. 392 Attachment: 2. Exhibit A to Resolution - Amendment to Acquisition Agreement for CFD No. 2015-1 (Amendment to Acquisition Agreement for ACQUISITION AGREEMENT Relating to: City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) THIS ACQUISITION AGREEMENT (this "Agreement"), dated as of July 18, 2017, is by and between the City of Dublin, a municipal corporation and a political subdivision of the State of California (the “City”), and Dublin Crossing, LLC, a Delaware limited liability company (the “Developer”). RECITALS A. Capitalized terms not otherwise defined in this Agreement shall have the meanings given to them under the heading “Definitions” herein. B. The City Council of the City (the “City Council”) has established the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) (the “CFD”) under the Mello-Roos Community Facilities Act of 1982 for the financing, among other things, of certain authorized public facilities (the “Authorized Facilities”) and certain authorized capital facility fees (the “Authorized Fees”) generally described in the Resolution of Formation and described in more detail in Exhibit A, attached hereto and by this reference incorporated herein. C. The City and Dublin Crossing Venture LLC, a Delaware limited liability company (the “Developer’s Predecessor”), entered into that certain Development Agreement, dated November 19, 2013 (the “Original Development Agreement”), pertaining to implementation of a development project (the “Project”) on the land described in Exhibit A to the Original Development Agreement (the “Property”), a portion of which land is presently within the boundary of the CFD and the balance of which land is designated as “Future Annexation Area” of the CFD, as shown on the Boundary Map. D. The Original Development Agreement was amended by the First Amendment, thereby creating the “Original Development Agreement, as Amended.” E. The Developer’s Predecessor and the Developer entered into an Assignment and Assumption of Development Agreement (the “DA Assignment”), pursuant to which the Developer’s Predecessor assigned and the Developer assumed all of the rights, duties and obligations of the Developer’s Predecessor under the Original Development Agreement, as Amended, with the express written approval of the City Manager of the City (the “City Manager”) as set forth on page 4 of the DA Assignment. F. The Original Development Agreement, as Amended, was further amended by the Second Amendment. All references hereafter in this Agreement to the “Development Agreement” shall be deemed to refer to the Original Development Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, and any future amendments thereto. 4.12.c Packet Pg. 393 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 2 G. As recited in Exhibit G of the Development Agreement (“Exhibit G”), the Property is being acquired in phases from the United States of America, represented by The Department of the Army (the “Army”), pursuant to an Exchange Agreement, dated March 4, 2011, between the Developer’s Predecessor and the Army (the “Exchange Agreement”), subject to the terms and conditions set forth in the Exchange Agreement. The phases are identified in Exhibit G as Phase 1A, 1B, 2, 3, 4 and 5. Property is to be conveyed in phases upon the completion of certain improvements by the Developer (as successor to the Developer’s Predecessor). Phase 1A and 1B have heretofore been conveyed and comprise Improvement Area No. 1 of the CFD, with the subsequent phases comprising the Future Annexation Area. Exhibit G provides that, as each additional phase is conveyed, it will be annexed into the CFD, with each of Phases 2, 3, 4 and 5 expected to become a new Improvement Area, identified as Improvement Area No. 2 (Phase 2), 3 (Phase 3), 4 (Phase 4) and 5 (Phase 5), respectively. The provisions of Exhibit G summarized in the foregoing sentence represent the current expectations of the parties, but the actual assignment of phases to improvement areas may differ from the current expectations. Upon the annexation of a portion of the Future Annexation Area to the CFD, the provisions of this Agreement shall extend to the Developer (as said term is defined herein to include transferees of the Developer) of the annexed portion of the Property without the necessity of any amendment of this Agreement or the execution of any additional such agreement pertaining to the annexed portion. H. The Authorized Facilities and Authorized Fees are necessary to mitigate impacts arising from development occurring in the CFD, and the City will benefit from a coordinated plan of design, engineering and construction of the Authorized Facilities and the development of the Property. I. The City has determined that it will obtain no advantage from undertaking the construction of the Authorized Facilities and that the Authorized Facilities may be constructed by the Developer as if they had been constructed under the direction and supervision, or under the authority of, the City, by complying with the provisions of this Agreement. J. As a result of a special election conducted on June 2, 2015, the City has been authorized to levy a special tax on property within the CFD (the “Special Tax”) and to issue special tax bonds and other debt obligations (the “Bonds”) in one or more series, which Bonds shall be payable as to principal and interest from proceeds of the Special Tax, as provided by the Act. K. Each series of the Bonds, when issued, will be secured by and will be payable solely from the proceeds of the Special Tax levied upon the taxable property within a specified Improvement Area. However, proceeds of the Bonds may be expended to pay the Purchase Price of Authorized Facilities or Discrete Components or to reimburse for Authorized Fees which have been paid in accordance with this Agreement irrespective of whether they are situated within or adjacent to the boundary of that specified Improvement Area. 4.12.c Packet Pg. 394 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 3 DEFINITIONS Capitalized terms used in this Agreement, in addition to those defined elsewhere in this Agreement, shall have the following meanings: “Acceptance Date” means the date upon which the City or other public entity or public utility accepts fee simple title or an irrevocable offer of dedication of one or more Authorized Facilities. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Part 1 (commencing with Section 53311) of Division 2 of Title 5 of the California Government Code. “Actual Cost” means, with respect to an Authorized Facility or a Discrete Component, an amount equal to the sum of (a) the Developer’s actual, reasonable cost of constructing such Authorized Facility or Discrete Component, including labor, material, and equipment costs, (b) the Developer’s actual, reasonable cost of preparing the Plans for such Authorized Facility or Discrete Component, (c) the Developer’s actual, reasonable cost of environmental evaluations required in the City’s reasonable determination specifically for such Authorized Facility or Discrete Component, (d) the amount of the fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses, or other necessary governmental approvals for such Authorized Facility or Discrete Component, (e) the Developer’s actual, reasonable cost for construction management services respecting the construction and installation of any Authorized Facility or Discrete Component, (f) the Developer’s actual, reasonable cost for professional services directly related to the construction and installation of such Authorized Facility or Discrete Component, including engineering, inspection, construction staking, materials testing, and similar professional services, (g) the Developer’s actual, reasonable cost of any title insurance, escrow fees or costs, or like expenses incurred with respect to transfer of ownership of any such Authorized Facility or Discrete Component, and (h) the Developer’s actual, reasonable cost of any real property or interest therein acquired from a party other than the Developer, which real property or interest therein is either necessary for the construction of such Authorized Facility or Discrete Component (e.g., temporary construction easements, haul roads, etc.) or is required to be conveyed with such Authorized Facility or Discrete Component in order to convey acceptable title thereto to the City or other applicable public entity or public utility, as specified in a Payment Request that has been reviewed and approved by the Director of Public Works or his designee who will be responsible for administering the acquisition of the Authorized Facility or Discrete Component; provided, however, that no item of cost relating to an Authorized Facility or Discrete Component shall be included in more than one category of cost under this definition; and provided further, however, that each item of cost shall be chargeable to the capital account for the Authorized Facility under generally accepted accounting principles. “Agreed-Upon Allocation” shall have the meaning ascribed to it in Section 6(e)(vi) herein. “Agreement” means this Acquisition Agreement, dated as of July 18, 2017, by and between the City and the Developer. “Army” means the Department of the Army of the United States of America. “Authorized Facility” and “Authorized Facilities” mean one or more of the public capital facilities generally described in the Resolution of Formation, as amended by Resolution No. 93- 17, adopted by the City Council on June 20, 2017, and described in more detail in Exhibit A hereto. 4.12.c Packet Pg. 395 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 4 “Authorized Fees” means the capital facility fees generally described in the Resolution of Formation, as amended by Resolution No. 92-17, adopted by the City Council on June 20, 2017, and described in more detail in Exhibit A hereto. “Bonds” means limited obligation bonds or other debt obligations, whether taxable or tax- exempt, fixed-rate or variable-rate, issued by the City with respect to the CFD the principal of and interest on which are payable from proceeds of Special Taxes levied upon the taxable property within a specified Improvement Area. “Boundary Map” means the boundary map of the CFD containing the matters prescribed by the Act, approved by Resolution No. 54-15, adopted by the City Council on April 21, 2015, and recorded on May 4, 2015, in Book 18 of Maps of Assessment and Community Facilities Districts, at page 61, official records of the County Recorder, as supplemented by Annexation Map No. 1, approved by Resolution No. 93-17, adopted by the City Council on June 20, 2017, and recorded on June 26, 2017, in Book 317 of Maps of Assessment and Community Facilities Districts, at page 60, official records of the County Recorder. “CFD” means the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) and Improvement Area No. 1, as shown on the Boundary Map; provided that the area shown on the Boundary Map as “Future Annexation Area” may be annexed to the CFD in phases from time-to-time in accordance with the Act, and all references herein to the CFD shall be deemed to include such portions of the Future Annexation Area as have been so annexed, including any such Improvement Areas designated out of such Future Annexation Area. “City” means the City of Dublin, California. “City Council” means the legislative body of the City. “City Manager” means the person who is the duly appointed and acting City Manager of the City. “Conditions of Approval” means the conditions of approvals and mitigation measures imposed in connection with the granting of the land use entitlements for the development the Project, and any subdivision improvement, owner participation agreement, development or other agreement with the City relating to the development of the Project, the installation of the Authorized Facilities or the payment of Authorized Fees, including but not limited to those set forth in the Development Agreement. “Continuing Disclosure Undertaking” means the written instrument to be executed by the Developer in connection with the issuance of any series of Bonds for an Improvement Area by which the Developer agrees to provide such information pertaining to the Property in such Improvement Area, development of the Property in such Improvement Area, and the Developer’s financing plan for the development of the Property in such Improvement Area, as shall be prescribed by such instrument, all in furtherance of enabling the City’s bond underwriter to comply with disclosure obligations imposed upon the bond underwriter under federal securities laws. “County Recorder” means the County Recorder of the County of Alameda, State of California. 4.12.c Packet Pg. 396 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 5 “DA Assignment” means that certain agreement entitled “Assignment and Assumption of Development Agreement,” entered into between the Developer’s Predecessor and the Developer, made and effective as of August 28, 2015, and recorded in the official records of the County Recorder on August 28, 2015, as Document No. 2015239932. “Developer” means, initially, Dublin Crossing, LLC, and its successors; provided that in the event that the Developer transfers its rights and obligations respecting any portion of the Property and the associated Authorized Facilities and/or Authorized Fees, pursuant to and in compliance with the terms and conditions of Section 20 of the Development Agreement and pursuant to an assignment and assumption agreement substantially in the form of the DA Assignment and entered into between the Developer and the transferee and approved in writing by the City Manager, the term “Developer” as used in this Agreement shall be deemed to include such transferee to the extent applicable to the Authorized Facilities (or Discrete Components thereof) and/or Authorized Fees, and the provisions of this Agreement respecting the financing of Authorized Facilities and/or Authorized Fees shall become applicable to such transferee, subject to the terms and conditions hereof, except as otherwise provided in the DA Assignment. “Developer Allocation” shall have the meaning ascribed to it in Section 6(e)(vi) herein. “Developer’s Predecessor” means Dublin Crossing Venture LLC, a Delaware limited liability company. “Development Agreement” means the Original Development Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, and any further amendment thereto “Director of Public Works" means the Public Works Director of the City or such other official of the City acting in such capacity, or the designee of such official. "Discrete Component" means a component of an Authorized Facility described in Exhibit A attached hereto, which is a functional segment of an Authorized Facility costing more than $1.0 million, that can be separately identified and inspected and that can be the subject of a Payment Request. Discrete Components do not have to be accepted by the City (or other applicable public entity or public utility to which ownership will be transferred) as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until the Discrete Component has been constructed in accordance with the Plans therefor, as determined by the Director of Public Works. Exhibit A may be modified at any time by the Developer for the purpose of identifying Discrete Components of Authorized Facilities, subject to the written approval of the Director of Public Works, without City Council approval. “Exchange Agreement” means the agreement dated March 4, 2011, between the Developer’s Predecessor and the Army. “First Amendment” means that certain agreement entered into between the City and the Developer’s Predecessor, dated June 16, 2015, and recorded in the official records of the County Recorder on July 22, 2015, as Document No. 2015202606, which amends the Original Development Agreement. “Fiscal Agent” means the bank, trust company or other authorized fiduciary serving as Fiscal Agent under the applicable Fiscal Agent Agreement. 4.12.c Packet Pg. 397 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 6 "Fiscal Agent Agreement" means an indenture, fiscal agent agreement, resolution or other instrument under which one or more series of Bonds for an Improvement Area are issued, as such Fiscal Agent Agreement may be supplemented from time to time to accommodate additional bond issuances for the applicable Improvement Area or as it may be amended from time to time. “Fiscal Agent Agreements” means the total set of individual Fiscal Agent Agreements pertaining to all of the Improvement Areas of the CFD. “Funding Sources” means, collectively, (A) Net Proceeds, (B) proceeds of Special Taxes levied and collected prior to the issuance of Bonds for an Improvement Area and not needed for the payment of the principal of or the interest on Bonds, (C) proceeds of prepayments of Special Taxes collected prior to the issuance of the first series of Bonds for an Improvement Area pursuant to the applicable Rate and Method, (D) proceeds of prepayments of Special Taxes otherwise allocated for Authorized Facilities or Authorized Fees under the applicable Rate and Method, as further described in Section 3 herein, and (E) proceeds of Special Taxes collected to directly finance Authorized Facilities and/or Authorized Fees under the applicable Rate and Method and which are allocated to fund such Authorized Facilities and/or Authorized Fees in the discretion of the City, as further described in Section 4 herein. “Future Annexation Area” means that portion of the Property which is designated as Future Annexation Area on the Boundary Map and which is intended to be annexed into the CFD in the future, whether as land added to an existing Improvement Area or as land establishing a new Improvement Area. “Improvement Area” shall mean that portion of the area within the CFD boundary designated as a separate improvement area, as provided under the Act, Improvement Area No. 1 having been shown on the Boundary Map to include all of the Property currently within the CFD, and with intention to (a) annex additional portions of the Property to Improvement Area No. 1 and (b) establish Improvement Areas No. 2 through 5, inclusive, to include portions of the Property designated as “Future Annexation Area” on the Boundary Map and intended to be annexed in the future. “Improvement Area No. 1” means Improvement Area No. 1 of the CFD. “Improvement Fund” means the fund to be established under each Fiscal Agent Agreement, whether by that name or a similar name (such as “Construction Fund”), into which the monies from the Funding Sources are to be deposited and from which the monies from the Funding Sources and the investment earnings thereon are to be disbursed to provide for the financing of Authorized Facilities, Discrete Components or Authorized Fees. To facilitate the tracking of expenditures for federal tax purposes, the Improvement Fund shall consist of separate subaccounts for the deposit of (i) Net Proceeds and (ii) all other Funding Sources. “Improvement Funds” means, collectively, the total set of individual Improvement Funds established under each of the individual Fiscal Agent Agreements. “Land” shall have the meaning ascribed to it in Section 7(a) herein. “Net Proceeds” means the proceeds of sale of any series of Bonds prescribed for deposit into the applicable Improvement Fund after first depositing the prescribed portion of 4.12.c Packet Pg. 398 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 7 such proceeds of sale into the applicable reserve fund, administrative expense fund or any like fund or account established under the applicable Fiscal Agent Agreement for purposes other than financing of Authorized Facilities, Discrete Components or Authorized Fees. “Original Development Agreement” means that certain agreement entitled “Development Agreement,” dated November 19, 2013, between the City and the Developer’s Predecessor, and recorded in the official records of the County Recorder on June 4, 2014, as Document No. 2014134795. “Original Development Agreement, as Amended” means the Original Agreement, as amended by the First Amendment. “Payment Request” means a written request submitted to the City by the Developer in substantially the form and containing the information prescribed by Exhibit B to this Agreement. “Plans” means the plans, specifications, schedules and related construction contracts for the Authorized Facilities and/or any Discrete Components thereof approved pursuant to the applicable standards of the City or other public entity or public utility that will own, operate or maintain a prescribed portion of the Authorized Facilities when completed and acquired. “Project” means the land development project which the Developer intends to implement on the Property in phases as described in the Development Agreement. “Property” means the land described in Exhibit A to the Original Development Agreement. “Purchase Price” means the amount payable by the City to the Developer for an Authorized Facility and/or any Discrete Component thereof determined in accordance with this Agreement. “Rate and Method” means the rate and method of apportionment of the Special Tax, established pursuant to the Act and pertaining to that portion of the Property situated within a given Improvement Area, as set forth in Exhibits B through F, inclusive, of the Resolution of Formation, said Exhibits B through F corresponding to the proposed Improvement Areas No. 1 through 5, respectively. “Remainder Taxes” means, for an Improvement Area, the amount of Special Taxes levied and collected for a given Fiscal Year, determined as of September 15 following the June 30 conclusion of the Fiscal Year, which exceeds the total of the amounts included in the Special Tax Requirement for such Fiscal Year on account of (a) Bond principal and/or interest payable during the calendar year which began during such Fiscal Year, (b) replenishing the reserve fund for the Bonds as required by the applicable Fiscal Agent Agreement and (c) administrative expenses. “Remaining Facilities Amount” means the amount of prepaid special taxes received by the City as part of a prepayment of Special Taxes on account of Remaining Facilities Costs, as determined in accordance with Section I of the applicable Rate and Method. “Resolution of Formation” means Resolution No. 96-15, adopted by the City Council on June 2, 2015, by which the CFD was established. 4.12.c Packet Pg. 399 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 8 “Second Amendment” means that certain agreement entered into between the City and the Developer, made and entered into on February 9, 2016, and recorded in the official records of the County Recorder on March 8, 2016, as Document No. 2016056821, which amends the Original Development Agreement, as Amended. “Special Tax” shall have the meaning ascribed to it in Recital J herein. “Special Tax Requirement” shall have the meaning ascribed to it in the applicable Rate and Method. “State” means the State of California. “Transferee” shall have the meaning ascribed to it in Section 10(b)(iv) herein. AGREEMENT In consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the sufficiency of which is hereby acknowledged, the City and the Developer agree as follows: 1. Recitals; Applicability. a. Recitals. The City and the Developer represent and warrant, each to the other, that the above recitals, as applicable to each, are true and correct. b. Applicability. This Agreement applies to the CFD, including Improvement Area No. 1 and, upon the annexation of a portion of the Future Annexation Area to the CFD, to the annexed portion of the Future Annexation Area (and any Improvement Area in which the annexed property is designated), without the necessity of any amendment of this Agreement or the execution of any additional such agreement pertaining to the annexed portion. 2. Sale of Bonds. a. City Proceedings. From time to time and in consultation with the Developer, the City shall conduct all necessary proceedings under the Act for the issuance, sale and delivery of one or more series of Bonds; provided that such proceedings and the principal amount, rates, terms and conditions and timing of the sale of each series of Bonds shall be in all respects subject to the final approval of the City Council. Nothing herein shall be construed as modifying the provisions of the Development Agreement in general and of Exhibit G to the Development Agreement in particular with respect to the establishment of the CFD, the issuance, sale and delivery of Bonds and the application of the Net Proceeds and the proceeds of Special Taxes to finance Authorized Facilities, Discrete Components or Authorized Fees. In the event of any conflict between the provisions of the Development Agreement (including Exhibit G thereto) and the provisions of this Agreement, the provisions of the Development Agreement shall prevail and govern. b. Principal Amount. The maximum principal amount of the Bonds that is authorized for the CFD is $150,000,000. The City can provide no assurances that it will be able to issue or sell the entire authorized principal amount of the Bonds. 4.12.c Packet Pg. 400 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 9 3. Use of Financing Proceeds. a. Prepayments. The proceeds of any prepayments of Special Taxes shall be administered as provided in the applicable Rate and Method. Without limiting the generality of the foregoing, the portion of any prepayment representing the “Remaining Facilities Amount” shall be deposited in the Improvement Fund for payment when due under this Agreement of the costs of acquisition of Authorized Facilities and Discrete Components thereof or for the financing of Authorized Fees. In the event that proceeds of prepayments of Special Taxes are received by the City prior to issuance of Bonds, the City shall establish and maintain an Improvement Fund for the applicable Improvement Area. Following issuance of Bonds, the City shall transfer any balance in the Improvement Fund to the Fiscal Agent for deposit into the Improvement Fund to be established pursuant to the applicable Fiscal Agent Agreement. Amounts deposited into any Improvement Fund held by the City prior to Bond issuance shall be withdrawn therefrom, in accordance with the provisions of this Agreement and the Development Agreement, for payment of any amounts payable to the Developer (as defined herein to include transferees of the Developer) under the terms of this Agreement on account of costs of acquisition of Authorized Facilities and Discrete Components thereof or for the financing of Authorized Fees. b. Bond Proceeds. The proceeds of each series of Bonds shall be deposited, held, invested, reinvested and disbursed as provided in the applicable Fiscal Agent Agreement. The Net Proceeds of each series of Bonds shall be set aside under the applicable Fiscal Agent Agreement in the Improvement Fund. For each Improvement Area, moneys in the Improvement Fund shall be withdrawn therefrom, in accordance with the provisions of the applicable Fiscal Agent Agreement and this Agreement, for payment of all or a portion of the costs of acquisition of Authorized Facilities and Discrete Components thereof or for the financing of Authorized Fees. The City makes no warranty, express or implied, that the Net Proceeds of the Bonds deposited and held in the Improvement Fund, along with other Funding Sources, will be sufficient for payment of the Purchase Price of all of the Authorized Facilities and for financing all of the Authorized Fees. The Developer agrees that the City shall direct the investment of the funds on deposit in the funds and accounts established by or pursuant to the Fiscal Agent Agreement, including the Improvement Fund, and that the Developer has no right whatsoever to direct investments under the Fiscal Agent Agreement. The City shall have no responsibility whatsoever to the Developer with respect to any investment of funds under the Fiscal Agent Agreement, including any loss of all or a portion of the principal invested or any penalty for liquidation of an investment. Any such loss may diminish the amounts available in the Improvement Fund to pay the Purchase Price of Authorized Facilities or Discrete Components and to finance Authorized Fees hereunder. The Developer further acknowledges that the obligation of any owner of real property in the CFD, including the Developer to the extent it owns any real property in the CFD, to pay Special Taxes is not in any way dependent on (i) the availability of amounts in the Improvement Fund to pay for all or any portion of the Authorized Facilities or Discrete Components thereof or to finance Authorized Fees hereunder, or (ii) the alleged or actual misconduct of the City in the performance of its obligations under this Agreement, the Fiscal Agent Agreement, any subdivision agreement or amendment thereto or any other agreement to which the Developer and the City are signatories. 4.12.c Packet Pg. 401 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 10 The Developer acknowledges that any lack of availability of amounts in the applicable Improvement Fund to pay the Purchase Price of Authorized Facilities or any Discrete Components thereof or to finance Authorized Fees shall in no way diminish any obligation of the Developer with respect to the construction of or contributions for public facilities or the payment of fees required by the Conditions of Approval. 4. Special Taxes. The City shall levy and collect Special Taxes on all taxable property within each applicable Improvement Area as provided by the applicable Rate and Method. The proceeds of such Special Taxes levied and collected prior to issuance of Bonds shall be administered by the City in accordance with the applicable Rate and Method and this Agreement, and, following the issuance of Bonds, the proceeds of such Special Taxes shall be administered by the City as provided in this Agreement and the Fiscal Agent Agreement. Without limiting the generality of the foregoing, the City shall deposit any Remainder Taxes received prior to Bond issuance in an Improvement Fund to be established, maintained and administered by the City and applied in the same manner as prescribed by Section 3(a) above with respect to Remaining Facilities Amounts. Following Bond issuance, the City shall transmit any Remainder Taxes to the Fiscal Agent for deposit into the Improvement Fund established under the applicable Fiscal Agent Agreement. 5. Construction of the Facilities. a. Plans. The Developer represents that it has obtained or will obtain approval of the Plans from all appropriate departments of the City, from any other applicable public entity or public utility which will become the owner of any Authorized Facilities or Discrete Components and from any other public entity having jurisdiction with respect to approval of Plans for any Authorized Facility or Discrete Component. The Developer further represents that the Authorized Facilities have been or will be constructed in full compliance with such Plans and any change orders thereto, as approved in the same manner. Copies of all Plans shall be provided by the Developer to the Director of Public Works. b. Duty of Developer to Construct Authorized Facilities and to Pay Authorized Fees. All Authorized Facilities to be acquired hereunder shall be constructed by or at the direction of the Developer in accordance with the approved Plans and the Conditions of Approval, and all Authorized Fees shall be paid by the owner of the Property when due. The Developer shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Authorized Facilities in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their best efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall employ, or cause to be employed, at all times adequate staff or consultants, with the requisite experience necessary (i) to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of the Authorized Facilities and (ii) to determine the Actual Cost of Authorized Facilities and/or Discrete Components and the amount of Authorized Fees that have been paid and (iii) to then prepare and submit Payment Requests hereunder. The Developer shall be obligated: (i) to construct with its own funds, or cause to be constructed, and cause conveyance to the City or other applicable public entity or public utility 4.12.c Packet Pg. 402 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 11 all Authorized Facilities (including Discrete Components thereof) and (ii) to pay, or cause to be paid, the Authorized Fees, both in accordance with the Conditions of Approval and the Developer’s timing of development of the Property, subject to seeking recoupment of the Purchase Price of the Authorized Facilities and the Authorized Fees from available Funding Sources by the submission of Payment Requests as provided in this Agreement. The Developer shall not be relieved of its obligation to construct, or cause to be constructed, each Authorized Facility (including Discrete Components thereof) and convey, or cause to be conveyed, each such Authorized Facility to the City or other applicable public entity or public utility in accordance with the terms hereof, even if there are insufficient Funding Sources at the time to pay the Purchase Price thereof, and, in any event, this Agreement shall not affect any obligation of any owner of land in the CFD under any Conditions of Approval or any governmental approval to which any portion of the Property is subject, with respect to the public improvements required in connection with the development of the Property. c. Prevailing Wages. The Developer covenants that, with respect to any contracts or subcontracts for the construction of the Authorized Facilities, it will assure complete compliance with State law pertaining to the payment of prevailing wages for such construction. d. Relationship to Public Works. This Agreement is for the acquisition of the Authorized Facilities or Discrete Components thereof and for the financing of Authorized Fees by the City from Funding Sources and is not intended to be a public works contract. The City and the Developer agree that the Authorized Facilities are of local, and not state-wide concern, and that the provisions of the California Public Contracts Code shall not apply to the construction of the Authorized Facilities. The City and the Developer agree that this Agreement is necessary to assure the timely and satisfactory completion of the Authorized Facilities and that compliance with the Public Contracts Code with respect to the Authorized Facilities would work an incongruity and would not produce an advantage to the City. Notwithstanding the foregoing, the Developer shall solicit at least three (3) competitive bids for each contract for construction of Authorized Facilities and award all contracts for construction of the Authorized Facilities (including any Discrete Components thereof), in each case consistent with the Plans and the Conditions of Approval, to the lowest responsible bidder among the competitive bids received. e. Performance and Payment Bonds. The Developer agrees to comply with all applicable performance and payment bonding requirements of the City (and other applicable public entities or public utilities) with respect to the construction of the Authorized Facilities. All contractors and/or subcontractors employed by the Developer in connection with construction of the Authorized Facilities shall provide a labor and materials bond and a performance bond that names the City as an additional insured. f. Contracts and Change Orders. The Developer shall be responsible for entering into all contracts and any change orders required for the construction of the Authorized Facilities. All such contracts and change orders shall be submitted to the Director of Public Works for review and approval as to cost and quantity and quality of work. g. Independent Contractor. In performing this Agreement, the Developer is an independent contractor and not the agent or employee of the City. The City shall not be responsible for making any payments to any contractor, subcontractor, agent, employee or supplier of the Developer. 4.12.c Packet Pg. 403 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 12 h. Periodic Meetings. From time to time at the request of the Director of Public Works, representatives of the Developer shall meet and confer with City staff, consultants and contractors regarding matters arising hereunder with respect to the Authorized Facilities and the progress in constructing and acquiring the same, and as to any other matter related to the Authorized Facilities or this Agreement. The Developer shall advise the Director of Public Works in advance of any coordination and scheduling meetings to be held with contractors relating to the Authorized Facilities, in the ordinary course of performance of an individual contract. The Director of Public Works or his/her designated representative shall have the right to be present at such meetings, and to meet and confer with individual contractors if deemed advisable by the Director of Public Works to resolve disputes and/or ensure the proper completion of the Authorized Facilities or Discrete Components. 6. Payment for the Facilities. The Developer hereby agrees to sell the Authorized Facilities to the City or other applicable public entity or public utility, and the City hereby agrees to use Funding Sources, as available from time to time, to pay the Purchase Price thereof to the Developer, subject to the terms and conditions hereof. a. Inspection. No payment hereunder shall be made by the City to the Developer for an Authorized Facility or Discrete Component thereof until the Authorized Facility or Discrete Component thereof has been inspected by the City or other applicable public entity or public utility and found to be constructed in accordance with the approved Plans. For Authorized Facilities to be acquired by the City, the Developer shall request inspection using applicable City procedures. For Authorized Facilities to be acquired by other public entities or utilities, the Developer shall be responsible for obtaining such inspections and providing written evidence thereof to the Director of Public Works. The Developer agrees to pay all inspection, permit and other similar fees of the City applicable to construction of the Authorized Facilities, and such fees are subject to reimbursement under this Agreement as part of the Actual Cost of the Authorized Facilities. b. Request for Payment. Any request for payment hereunder by the Developer shall be in a form substantially similar to the form attached to this Agreement as Exhibit B and shall include such supporting documentation to substantiate such request as the City may require. For any request for payment, the following shall apply: (i) Substantiation of Actual Costs. The Developer shall provide documentation satisfactory to the Director of Public Works to substantiate the Actual Cost of the Authorized Facilities and to determine that the Authorized Facilities are consistent with the approved Plans. With respect to a Payment Request pertaining to financing of Authorized Fees, the documentation shall demonstrate that such Authorized Fees have been paid by the Developer. There shall be a presumption of reasonableness as to costs incurred under a construction contract (or change order) entered into as a result of a call for bids by the Developer (or similar procedure approved by the Director of Public Works), provided that no extraordinary limitations or requirements (such as a short time frame) are imposed by the Developer on the performance of such contracts. For any Authorized Facility to be acquired by a public entity or utility other than the City, the Developer shall provide written evidence of the approval of such cost substantiation and approval of such Authorized Facility from such entity or utility when requesting payment. 4.12.c Packet Pg. 404 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 13 (ii) Payment of Claims. In order to receive the Purchase Price for a completed Authorized Facility or Discrete Component, inspection thereof under Section 6(a) shall have been made and the Developer shall deliver to the Director of Public Works: (A) a payment request for such Authorized Facility or Discrete Component, together with all supporting documentation required by this Agreement to be included therewith, and (B) if payment is requested for a completed Authorized Facility, (1) if the property on which the Authorized Facility is located is not owned by the City (or other applicable public entity that will own the Authorized Facility) at the time of the request, a copy of the recorded documents conveying to the City (or other applicable public entity or public utility that will own the Authorized Facility) title to the real property on, in or over which such Authorized Facility is located, as described in Section 7 hereof, (2) a copy of the recorded notice of completion of such Authorized Facility (for an Authorized Facility or the final Discrete Component only, if applicable), (3) to the extent paid for with the proceeds of the Bonds or the proceeds of Special Taxes, an assignment to the City for the benefit of the CFD of any reimbursements that may be payable with respect to the Authorized Facility, such as public utility reimbursements, and (4) an assignment of the warranties and guaranties for such Authorized Facility, as described in Section 7 hereof, in a form acceptable to the City. c. Conditions for Acceptance. The City shall not be obligated to pay the Purchase Price of any Authorized Facility or Discrete Component until the Authorized Facility or Discrete Component is constructed and the processing requirements of this Section 6 for such Authorized Facility or Discrete Component have been satisfied. The Developer acknowledges that the Discrete Components have been identified for payment purposes only, and that the City shall not accept an Authorized Facility of which a Discrete Component is a part until the entire Authorized Facility has been completed. The City acknowledges that the Discrete Components do not have to be accepted by the City as a condition precedent to the payment of the Purchase Price therefor, but any such payment shall not be made until the Discrete Component has been constructed in accordance with the Plans therefor, as determined by the Director of Public Works. In any event, the City shall not be obligated to pay the Purchase Price for any Authorized Facility or Discrete Component except from the Funding Sources. d. Purchase Price. The Purchase Price shall be based upon Actual Cost, as evidenced by documentation provided by the Developer and submitted to the Director of Public Works. The Purchase Price paid hereunder for any Authorized Facility or Discrete Component thereof may be paid in any number of installments as Funding Sources become available. e. Payments to the Developer. The Developer may request in writing a payment of the Purchase Price of any Authorized Facility or Discrete Component thereof as described in Exhibit A hereto subject to the following: (i) Compliance with Conditions. The Developer shall first comply with Subsections 6 (a) through (c) above and shall have demonstrated the ability to comply with Section 7 below, all to the satisfaction of the Director of Public Works. (ii) Source of Payments. The City and the Developer expect the Purchase Price, in some cases, may be paid partially from Bond proceeds and partially from other available Funding Sources. (iii) Retainage. From each payment requested, a 5% retainage shall be held by the City in the Improvement Fund for the cost of any Authorized Facility or Discrete 4.12.c Packet Pg. 405 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 14 Component thereof being acquired by the City pending final completion and acceptance of the related Authorized Facility or Discrete Component thereof. Any such retention will be released to the Developer upon final completion and acceptance of the related Authorized Facility and the expiration of a maintenance period consistent with applicable City policy thereafter. However, no such retainage shall be required if the Developer provides a completion bond that is satisfactory to the City for this purpose. Unless otherwise provided in writing, there shall be no such retainage required for Authorized Facilities or Discrete Components thereof to be acquired by other public entities or public utilities. In lieu of such retainage, the Developer shall at any time have the option of providing the City with either a completion bond, letter of credit or other guaranty in form and substance satisfactory to the Director of Public Works, upon receipt of which the City shall promptly release such retainage. As of the Acceptance Date of an Authorized Facility or the inspection and approval of a Discrete Component, the completion bond provided by the Developer for such Authorized Facility or Discrete Component shall be reduced in accordance with the City’s standard requirements for subdivision improvements and, if applicable, shall serve as a completion bond to guarantee that such Authorized Facility or Discrete Component will be free from defects due to faulty workmanship or materials for the period required by the City’s standard requirements for subdivision improvements, or the Developer may elect to provide a new completion bond in such an amount. As of the Acceptance Date of an Authorized Facility, the Developer shall provide a completion bond to guarantee that such Authorized Facility will be free from defects due to faulty workmanship or materials for the period required by the City’s standard requirements for subdivision improvements, which completion bond shall be in the amount required by the City’s standard requirements for subdivision improvements. (iv) Requests for Payment. Any Payment Request shall be submitted by the Developer to the Director of Public Works in the form attached to this Agreement as Exhibit B, accompanied by the supporting documentation herein specified. Within 10 business days following receipt of a Payment Request, the Director of Public Works shall review such request and advise the Developer in writing whether the Payment Request is deemed complete. In the event that the Payment Request is deemed incomplete, the Director of Public Works shall advise the Developer as to what is missing, and no further action with respect to the Payment Request shall be required until the Director of Public Works deems the submission complete. In the event that the Payment Request is deemed complete, the Director of Public Works shall advise the Developer in writing, within 10 business days following such determination, whether the Payment Request is approved or denied, in whole or in part, and in the case of denial setting forth the reasons for denial. The Developer shall be entitled to resubmit any request or portion thereof which is deemed incomplete or which is denied if it is able to address the reasons for the incompleteness or denial. Failure of the Director of Public Works to deny any request within the stated period of 10 business days following the determination that the Payment Request is complete shall constitute approval of the request. (v) Payment by the City. The City shall cause payment to be made to the Developer pursuant to the applicable provisions of this Agreement and the Fiscal Agent Agreement within 30 calendar days of either (a) approval of a Payment Request or (b) receipt of any completed Payment Request that is not denied. The City may make any payment on a Payment Request jointly to the Developer and any mortgagee or trust deed beneficiary, contractor or supplier of materials, as their interests may appear, or 4.12.c Packet Pg. 406 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 15 solely to any such third party, if the Developer so requests the same in writing or as the City otherwise determines such joint or third party payment is necessary to obtain lien releases. If there are insufficient Funding Sources to pay the full amount of an approved Payment Request, then the City shall pay as much of the amount on the Payment Request as there are Funding Sources available, and the payment of the balance of the Payment Request shall be deferred until there are sufficient Funding Sources available to the remaining balance of the Payment Request. Promptly following the availability of Funding Sources, the City shall, from time to time and in as many installments as necessary, pay the remaining balance of the Payment Request. Payment Requests may be paid (i) in any number of installments as Funding Sources become available and (ii) irrespective of the length of time of such deferral of payment. (vi) Allocation of Costs. If Developer incurs costs that (1) apply to more than one Authorized Facility or Discrete Component (e.g., soft costs) or (2) apply to both Authorized Facilities or Discrete Components and improvements other than the Authorized Facilities or Discrete Components (e.g., grading), Developer shall allocate, or cause the contractor to reasonably allocate, such costs between the Authorized Facilities or Discrete Components (in the case of clause (1)) or between the Authorized Facilities or Discrete Components and the improvements other than the Authorized Facilities or Discrete Components (in the case of clause (2)) (the “Developer Allocation”). The Developer Allocation shall be presumed to be reasonable and shall be accepted for all purposes of this Agreement unless the City notifies Developer of its good-faith reasonable disapproval of the allocation within ten (10) business days of submittal of the payment request. If the City has properly disapproved the Developer Allocation, then the City and Developer shall promptly allocate such costs, on a reasonable basis, between the Authorized Facilities or Discrete Components (in the case of clause (1)) or between the Authorized Facilities or Discrete Components and the improvements other than the Authorized Facilities or Discrete Components (in the case of clause (2)) (the “Agreed-Upon Allocation”). Based on the Developer Allocation or the Agreed-Upon Allocation, if applicable, the City shall include the costs allocated to a specific Authorized Facility or Discrete Component as part of the Actual Costs of such Authorized Facility or Discrete Component when such Authorized Facility or Discrete Component is subject to a payment request. (vii) Expectations of the Parties. The Developer and the City understand and agree that (i) the Developer will be constructing Authorized Facilities or Discrete Components prior to the availability of Funding Sources that will be used to pay for such Authorized Facilities or Discrete Components, (ii) the City or the other public entities or public utilities that will own and operate such Authorized Facilities or Discrete Components may be inspecting such Authorized Facilities or Discrete Components and processing and completing payment requests for the payment on such Authorized Facilities or Discrete Components with knowledge that there may be insufficient Funding Sources available at such time, (iii) the Authorized Facilities or Discrete Components may be conveyed to and accepted by the City or other public entity or public utility that will own and operate such Authorized Facilities or Discrete Components when there are insufficient Funding Sources to pay the Purchase Price of such Authorized Facilities or Discrete Components, and (iv) in any such case, the payment of any approved payment requests for the Purchase Price of such Authorized Facilities or Discrete Components will be deferred until there are sufficient Funding Sources available to pay the Purchase Price of such Authorized Facilities or Discrete Components, at which time the City will make such payments in accordance with this Agreement. At all times, the Developer will 4.12.c Packet Pg. 407 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 16 be constructing such Authorized Facilities or Discrete Components with the expectation that the Purchase Price for such Authorized Facilities or Discrete Components will be paid from the Funding Sources. The conveyance of Authorized Facilities or Discrete Components to the City or other applicable public entity or public utility that will own and operate such Authorized Facilities or Discrete Components prior to receipt of the Purchase Price for such Authorized Facilities or Discrete Components shall not be construed as a gift or a waiver of the payment of the Purchase Price, or any part thereof, for such Authorized Facilities or Discrete Components. 7. Ownership and Transfer of the Authorized Facilities; Maintenance; Warranties. Any of the Authorized Facilities to be owned by public entities or public utilities other than the City shall be conveyed in accordance with the entity’s or utility’s policies and procedures. For the Authorized Facilities to be owned by the City, the following applies: a. Land. For purposes of this Agreement, the term “Land” includes fee simple title or such lesser interests (including easement and/or rights of way or an irrevocable offer of dedication of the real property with interests therein) as are required and approved by the City and are included in the description of the Authorized Facilities to be acquired. The Developer agrees to cause the owners of real property in the CFD to execute and deliver to the City such documents as are required to complete the transfer of Land, free and clear of all liens, taxes, assessments, easements, leases, or other encumbrances (whether recorded or not), except for those which the Director of Public Works determines in writing will not interfere with the intended use of the Land or related Authorized Facilities. If the Land is within the boundaries of any existing community facilities district (including the CFD), an assessment district, or other financing district, then the lien of the special taxes or assessments shall be a permitted exception to title so long as the Land, while owned by the City or other public entity, is exempt from the special tax, assessments or similar exactions of any other financing district. Completion of the transfer of title to Land shall be evidenced by recordation of the acceptance of thereof by the City Council or the designee thereof. b. Authorized Facilities Constructed on Private Land. If Authorized Facilities to be acquired are located on privately-owned Land, the owner thereof shall retain title to the Land and the completed Authorized Facilities until acquisition under Subsection 7(a) above, which shall apply to such transfer. Pending the completion of such transfer and where the Developer has received any payment for such Authorized Facilities, the Developer shall be responsible for maintaining the land and any Authorized Facilities in good and safe condition. c. Authorized Facilities Constructed on City Land. If the Authorized Facilities to be acquired are on land owned by the City, the City hereby grants to the Developer a license to enter upon such land for purposes related to the construction (and maintenance pending acquisition) of the Authorized Facilities. The provisions for inspection and acceptance of such Authorized Facilities otherwise provided herein shall apply. d. Warranties; Maintenance. The Developer shall maintain each Discrete Component in good and safe condition until the date of acceptance of the Authorized Facility of which such Discrete Component is a part. Prior to the Acceptance Date, the Developer shall be responsible for performing any required maintenance on any completed Discrete Component or Authorized Facility. On or before the Acceptance Date, the Developer shall assign to the City all of the Developer’s rights in any warranties, guarantees, maintenance obligations or other evidence of 4.12.c Packet Pg. 408 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 17 contingent obligations of third persons with respect to such Authorized Facility. The Developer shall maintain or cause to be maintained each Authorized Facility to be owned by the City (including the repair or replacement thereof) for a period of one year from the Acceptance Date thereof, or, alternatively, shall provide a bond reasonably acceptable in form and substance to the Director of Public Works for such period and for such purpose, to insure that defects, which appear within said period will be repaired, replaced, or corrected by the Developer, at its own cost and expense, to the satisfaction of the Director of Public Works. During any such one-year period, the Developer shall commence to repair, replace or correct any such defects within 30 days after written notice thereof by the City to the Developer, and shall complete such repairs, replacement or correction as soon as practicable. After such one-year period, the City shall be responsible for maintaining such Authorized Facility. Any warranties, guarantees or other evidences of contingent obligations of third persons with respect to the Authorized Facilities to be acquired by the City shall be delivered to the Director of Public Works as part of the transfer of title. For purposes of this Section 7, after the City has accepted an Authorized Facility, the terms “maintain” and “maintenance” mean the repair, replacement, or correction of any defects in the Authorized Facility or Discrete Component, and shall not mean the day-to-day upkeep or correction of normal wear and tear of the Authorized Facility or Discrete Component (such as watering or weeding for landscape improvements, painting, graffiti removal, etc.). 8. Limitation of Liability; Excess Costs; Surplus in the Improvement Fund. The Developer agrees that any and all obligations of the City arising out of or related to this Agreement are special and limited obligations of the City and the City’s obligations to make any payments hereunder are restricted entirely to the Funding Sources and shall not extend to any other source. The Developer agrees to pay all costs of the Authorized Facilities it is constructing that are in excess of the Funding Sources. No City Council member, City staff member, employee or agent shall incur any liability hereunder to the Developer or any other party in their individual capacities by reason of their actions hereunder or execution hereof. If the construction and acquisition of all the Authorized Facilities listed on Exhibit A have been completed and the Purchase Price (including any retentions described above) with respect thereto has been paid, and Funding Sources remain or become available through, among other things, the issuance of additional Bonds, the City and the Developer may designate in a supplement hereto, Authorized Facilities (and/or Discrete Components thereof) to be constructed and acquired with such remaining or additional Funding Sources to be selected from the list of Authorized Facilities; provided, however, the City shall determine the use of such funds consistent with the terms of the Fiscal Agent Agreement. If the City and the Developer do not so designate another use in a supplement hereto, the Funding Sources will be used to redeem Bonds. 9. Indemnification and Hold Harmless. The Developer shall take and assume all responsibility for the work performed as part of the Authorized Facilities constructed pursuant to this Agreement until the acceptance by the City of the respective Authorized Facilities occurs. The Developer shall assume the defense of and indemnify and save harmless the City and the City’s consultants, Councilmembers, officers, employees and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from any breach by the Developer of this Agreement, the performance of the work covered by this Agreement, from the Developer’s or any other entity’s negligent design, engineering and/or construction of any of the Authorized Facilities acquired 4.12.c Packet Pg. 409 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 18 from the Developer hereunder, the Developer’s non-payment under contracts between the Developer and its consultants, engineer’s, advisors, contractors, subcontractors and suppliers in the provision of the Authorized Facilities, or any claims of persons employed by the Developer or its agents to construct the Authorized Facilities, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from any breach by the Developer of this Agreement or the nature of the work covered by this Agreement, to the fullest extent permitted by law. In accordance with Civil Code section 2782, nothing in this Section shall require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the active or sole negligence or willful misconduct of the City, and its consultants, and its Councilmembers, agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Section 9 shall apply to impose on the Developer, or to relieve the City from, liability for active negligence of the City, or its consultants as delineated in Civil Code Section 2782. Any relief for determining the City’s sole or active negligence shall be determined by a court of law. The City does not, and shall not, waive any rights against the Developer which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with the City by the Developer of any insurance policies required by the City. The hold harmless agreement by the Developer set forth in this Section 9 shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of the Developer, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City, or its representatives in processing or accepting any Plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the Developer or anyone else from any legal responsibility, obligation or liability it might otherwise have. 10. Representations and Covenants of the Developer. a. Representations of the Developer. The Developer represents and warrants for the benefit of the City as follows: (i) Organization. The Developer is a limited liability company duly organized and validly existing under the laws of the State of Delaware, is in compliance with all applicable laws of the State of California, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. (ii) Authority. The Developer has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be executed and delivered, and this Agreement has been duly and validly executed and delivered by the Developer. (iii) Binding Obligation. This Agreement is a legal, valid and binding obligation of the Developer, enforceable against the Developer in accordance with its terms, subject to bankruptcy and other equitable principles. 4.12.c Packet Pg. 410 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 19 (iv) Requests for Payment. The Developer represents and warrants that (i) it will not request payment from the City for the acquisition of any improvements that are not part of the Authorized Facilities, and (ii) it will diligently follow all procedures set forth in this Agreement with respect to the Payment Requests. (v) Plans. The Developer represents that it has obtained or will obtain approval of the Plans for the Authorized Facilities to be acquired from the Developer hereunder from all appropriate departments of the City. The Developer further agrees that the Authorized Facilities to be acquired from the Developer hereunder have been or will be constructed in full compliance with such approved plans and specifications and any supplemental agreements (change orders) thereto, as approved in the same manner. b. Covenants of the Developer. The Developer covenants for the benefit of the City as follows: (i) Financial Records. Until the final acceptance of the Authorized Facilities, the Developer covenants to maintain proper books of record and account for the construction of the Authorized Facilities and all costs related thereto. Such accounting books shall be maintained in accordance with generally accepted accounting principles, and shall be available for inspection by the City or its agent at any reasonable time during regular business hours on reasonable notice. (ii) Prevailing Wages. The Developer covenants that, with respect to any contracts or subcontracts for the construction of the Authorized Facilities to be acquired from the Developer hereunder, it will assure complete compliance with State law pertaining to the payment of prevailing wages under the California Labor Code, including any and all reporting requirements. (iii) Compliance with Laws. The Developer shall not with knowledge commit, suffer or permit any act to be done in, upon or to the Property or the Authorized Facilities in violation of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Property or the Authorized Facilities. (iv) Transfers of Ownership of any Portion of the Property. The Developer agrees that in the event that it sells or otherwise transfers ownership of any of the Property to another party (in each case, a “Transferee”), pursuant to and in accordance with the provisions of Section 20 of the Development Agreement, the Developer will (i) notify the City in writing within 30 calendar days of the transfer, identifying the legal name of and mailing address for the Transferee, the applicable County Assessor’s parcel number or numbers for and the acreage of the portion of the Property transferred, (ii) notify the Transferee in writing prior to the closing of any such transfer of the existence of the Development Agreement and this Agreement and, in general, the Developer’s rights and obligations under the Development Agreement and hereunder with respect to the construction of and payment for the Authorized Facilities and the requirement of written approval from the City Manager to any assignment to the Transferee of the Developer’s rights and obligations under the Development Agreement, (iii) require such Transferee to comply with the obligation for continuing disclosure to the extent provided by the Continuing Disclosure Undertaking and (iv) notify the Transferee in writing of the existence of the CFD and the foreclosable special tax lien to enforce the 4.12.c Packet Pg. 411 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 20 Special Tax payment obligation, and otherwise comply with any applicable provision of Section 53341.5 of the Act. (v) Additional Information. The Developer agrees to cooperate with all reasonable written requests for nonproprietary information by the City related to the status of construction of improvements within the CFD and the anticipated completion dates for future improvements. (vi) Disclosure in Connection with Bond Issuance; Continuing Disclosure. The Developer agrees to provide such information about its development, its financing plan and such other matters as may reasonably be requested by the City, the City’s bond counsel, the City’s disclosure counsel or the City’s bond underwriter for the preparation and dissemination of an official statement pertaining to any series of Bonds. The Developer agrees to comply with all of its obligations under the Continuing Disclosure Undertaking. (vii) Compliance With Applicable Law. The Developer accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the Authorized Facilities and the contract or contracts pertaining thereto, including but not limited to such applicable laws as may be contained in the California Labor Code, the California Public Contract Code, and the California Government Code. The Developer will neither seek to hold or hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Developer to correctly determine the applicability of any such requirements to any contract it enters into. This paragraph shall apply with respect to any enforcement action, whether public or private, and whether brought by a public enforcement agency or by private civil litigation, against the Developer, the City or the CFD, or any of them, with respect to the matters addressed by this paragraph. 11. Limitation. Nothing in this Agreement shall be construed as affecting the Developer’s or the City’s duty to perform their respective obligations under any other agreements, land use regulations, or subdivision requirements related to the Property, which obligations (if any) are and shall remain independent of the Developer’s and the City’s right and obligations under this Agreement. 12. Cooperation. The City and Developer agree to cooperate with respect to the completion of the financing of the Authorized Facilities through the levy of Special Taxes and issuance of one or more series of Bonds, as set forth in the Development Agreement and this Agreement. The City and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by the Development Agreement or this Agreement. 13. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers, or agents shall be deemed to require that the consent, approval, or acceptance not be unreasonably withheld or delayed, unless the provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in this Agreement which provide for decisions to be in the sole discretion of the party making the decision. 4.12.c Packet Pg. 412 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 21 14. Audit. The Director of Public Works shall have the right, during normal business hours and upon the giving of ten days written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer in constructing any of the Authorized Facilities and any bids taken or received for the construction thereof or materials therefor. 15. Attorney’s Fees. In the event of the bringing of any action or suit by either party against the other arising out of this Agreement, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys’ fees. 16. Notices. Any notice, payment or instrument required or permitted by this Agreement to be give or delivered to either party shall be deemed to have been received when personally delivered or one week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: Developer: Dublin Crossing, LLC 500 La Gonda Way, Suite 100 Danville, CA 94526 Attn: Project Manager City: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: City Manager Each party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other party. 17. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 18. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement may not be assigned by the Developer without the prior written consent of the City, set forth in an assignment agreement required by Section 20 of the Development Agreement, which consent shall not be unreasonably withheld or delayed. In connection with any such consent of the City, the City may condition its consent upon the acceptability of the financial condition of the proposed assignee and upon any other factor which the City deems relevant in the circumstances. 19. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party‘s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 20. Merger. No other agreement, statement or promise made by any party or any employee, officer or agent of any party with respect to any matters covered hereby that is not in writing and signed by all the parties to this Agreement shall be binding. 4.12.c Packet Pg. 413 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 22 21. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 22. Amendments. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 23. Governing Law. The provisions of this Agreement shall be governed by the laws of the State. SIGNATURES ON FOLLOWING PAGE 4.12.c Packet Pg. 414 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 4.12.c Packet Pg. 415 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 4.12.c Packet Pg. 416 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community 4.12.c Packet Pg. 417 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community B -1 A-1 EXHIBIT A AUTHORIZED FACILITIES AND AUTHORIZED FEES A. City Public Capital Improvements 1. Backbone Storm Drainage 2. Backbone Street Improvements 3. Master Landscaping, Fencing and Signage on Public Property, Including Public Easements and Rights-of-Way B. City-Imposed Impact Fees 1. Fire Impact Fees 2. Freeway Interchange Fees 3. Public Art In-Lieu Fees 4. Residential Traffic Impact Fees – Eastern Dublin Fee 5. Development Agreement Fees: a. ACSPA Contribution b. Iron Horse Trail Bridge Contribution c. Park Construction Payment C. Dublin San Ramon Services District (DSRSD) 1. Capital Improvements a. Backbone Sanitary Sewer b. Backbone Domestic Water c. Backbone Reclaimed Water 2. DSRSD Impact Fees a. Water System Connection Fees b. Water Meter Assembly Fees c. Wastewater Impact Fees D. Zone 7 1. Capital Improvements a. Backbone Storm Drainage 2. Zone 7 Impact Fees a. Water Connection Fees b. Drainage Assessment Fees (Impervious Surface) 4.12.c Packet Pg. 418 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community B -2 A-2 Notwithstanding the foregoing lists on page A-1 hereof, in the event that Dublin Crossing, LLC, or any landowner of any portion of the land within CFD No. 2015-1 which is responsible for the construction of any of the listed improvements or payment of any of the listed impact fees enters into a written agreement with the City, DSRSD or Zone 7, as the case may be, to move all or any portion of any of the improvements or impact fees listed above from one category to the other, the subject improvements or impact fees shall remain eligible for financing by CFD No. 2015-1 without the requirement of City Council action to authorize such change. Without limiting the generality of the foregoing, if, for example, the City and Dublin Crossing, LLC (the “Parties”), enter into a written agreement (including but not limited to an agreement amending the Development Agreement between the Parties) pursuant to which the Parties agree that Dublin Crossing, LLC, will construct the City park referenced as Item B(5)(c) above, then that City park shall be eligible for financing by CFD No. 2015-1 as a City Public Capital Improvement. Similarly, a written agreement to add any additional improvements or impact fees to those listed shall make such improvements or impact fees eligible for financing by CFD No. 2015-1, and a written agreement to delete any improvements or impact fees from those listed shall make such improvements or impact fees ineligible for such financing, in each case without the requirement of City Council action to authorize such change. 4.12.c Packet Pg. 419 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community B-1 EXHIBIT B FORM O F PAYMENT REQUEST City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) Pursuant to the Acquisition Agreement, dated as of July 18, 2017 (the “Acquisition Agreement”), b y and between the City of Dublin (the “City”) and Dublin Crossing LLC (the “Developer”), the Developer hereby requests (a) payment of the Purchase Price of the Authorized Facilities and/or the Discrete Components described in Attachment 1 hereto or (b) reimbursement for the Authorized Fees described in Attachment 1 hereto. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Acquisition Agreement. In connection with this Paym ent Request, the undersigned hereby represents and warrants to the City as follows: For Authorized Facilities or Discrete Components: 1. The undersigned is an authorized representative of the Developer, qualified to execute this request for payment on behalf of the Developer and knowledgeable as to the matters set forth herein. 2. The Developer has submitted or submits herewith to the Director of Public Works as-built drawings or similar Plans for each of the Authorized Facilities and/or Discrete Components described in Attachment 1, and such drawings or Plans, as applicable, are true, correct and complete representations of the Authorized Facilities and/or Discrete Components listed in Attachment 1. 3. Each of the Authorized Facilities and Discrete Components described in Attachment 1 has been constructed in accordance with the Plans therefor, and in accordance with all applicable City standards and the requirements of the Acquisition Agreement, and the as- built drawings or similar Plans referenced in paragraph 2 above, and none of the Authorized Facilities or Discrete Components described in Attachment 1 has been the subject of any prior Payment Request. 4. The Developer has submitted or submits herewith to the Director of Public Works soils reports and certifications as appropriate with respect to each Authorized Facility or Discrete Component described in Attachment 1. 5. The true and correct Actual Cost of each of the Authorized Facilities and/or Discrete Components described in Attachment 1 is set forth in Attachment 1. 6. The Developer has submitted or submits herewith to the Director of Public Works a copy of each construction contract for each of the Authorized Facilities and/or Discrete Components described in Attachment 1, a copy of the bid notice for each such contract and a copy of each change order applicable to each such contract, together with the written approval of each such change order by the Director of Public Works of the City. 7. The Developer has submitted or submits herewith to the Director of Public Works a letter from the Developer evaluating invoices, receipts, worksheets and other evidence of costs for each of the Authorized Facilities and/or Discrete Components described in Attachment 1, 4.12.c Packet Pg. 420 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community B-2 which are in sufficient detail to allow the Director of Public Works to verify the Actual Cost of such Authorized Facilities and Discrete Components and, if any of such invoices, receipts, worksheets or other evidence of costs include costs for facilities other than such Authorized Facilities and/or Discrete Components, the Developer has submitted or submits herewith to the Director of Public Works a written description as to how the items and amounts in such invoices, receipts, worksheets and other evidence of costs have been allocated among such other Authorized Facilities and/or Discrete Components, together with evidence that such allocation is appropriate, correct and reasonable. 8. The Developer has submitted or submits herewith to the Director of Public Works evidence that each of the invoices, receipts, worksheets and other evidence of costs referred to in the preceding paragraph, has been paid in full, which evidence is in the form of copies of cancelled checks or such other form as the Director of Public Works of the City has approved in writing. 9. There has not been filed with or served upon the Developer notice of any lien, right to lien or attachment upon, or claim affecting the right to receive, the paym ent of the Purchase Price for each of the Authorized Facilities and/or Discrete Components described in Attachment 1 which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by operation of law. 10. The Developer has submitted or submits herewith to the Director of Public Works copies of unconditional lien releases from all contractors, subcontractors and materialmen for all work with respect to each of the Authorized Facilities and/or Discrete Components described in Attachment 1, together with the written approval of each such lien release by the City Attorne y of the City. 11. The representations and warranties of the Developer set forth in Section 10(a) of the Acquisition Agreement are true and correct on and as of the date hereof with the same force and effect as if made on and as of the date hereof. 12. The Developer represents that it has satisfied the conditions specified in the Acquisition Agreement for the payment of the Purchase Price of Authorized Facilities or Discrete Components. 13. The Developer represents and warrants that, as of the date hereof, there is not present on, under or in any of the Authorized Facilities and/or Discrete Components described in Attachment 1, or any portion thereof, an y hazardous materials, except for (i) any types or amounts that do not require remediation or mitigation under federal, state or local laws, ordinances, regulations, rules or decisions, (ii) those that have been remediated or mitigated in full compliance with applicable federal, state or local laws, ordinances, regulations, rules or decisions, (iii) those with respect to which ongoing remediation or mitigation is being performed in full compliance with applicable federal, state or local laws, ordinances, regulations, rules or decisions, (iv) any types or amounts that do not present a human health risk or hazard to the public, and (iv) if such Authorized Facilities and/or Discrete Components described in Attachment 1 were, at the time of commencement of the acquisition, construction and installation of such Authorized Facilities and/or Discrete Components, property of the City and, from such time of commencement through and including the date hereof, remained property of the City, those hazardous substances that were present on, under or in such Authorized Facilities and/or Discrete Components at such time of commencement. 4.12.c Packet Pg. 421 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community B-3 For Authorized Fees: 1. The undersigned is an authorized representative of the Developer, qualified to executed this request for payment on behalf of the Developer and knowledgeable as to the matters set forth herein. 2. The identity and amount of the Authorized Fees are described in Attachment 1. 3. The Developer has submitted or submits herewith to the Director of Public Works evidence that Authorized Fees referred to in the preceding paragraph have been paid in full, which evidence is in the form of copies of cancelled checks or such other form as the Director of Public Works has approved in writing. 4. The representations and warranties of the Developer in Section 10(a) of the Acquisition Agreement are true and correct on and as of the date hereof with the same force and effect as if made on and as of the date hereof. 5. The Developer represents that it has satisfied the conditions specified in the Acquisition Agreement for the reimbursement of Authorized Fees by the City. SIGNATURES ON FOLLOWING PAGE 4.12.c Packet Pg. 422 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community B-4 I hereb y declare under penalty of perjury that the above representations and warranties are true and correct. DUBLIN CROSSING LLC, a Delaware limited liability company By:________________________________ Name: _____________________________ Title:_______________________________ By:________________________________ Name: _____________________________ Title:_______________________________ 4.12.c Packet Pg. 423 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community B -5 B-5 APPROVAL BY THE DIRECTOR OF PUBLIC WORKS I, the undersigned Director of Public Works of the City of Dublin, hereby certify as follows: (i) Dublin Crossing LLC (the “Developer”), has requested payment of the Purchase Price of the Authorized Facilities and/or the Discrete Components or reimbursement for the Authorized Fees described in Attachment 1 hereto. All references hereafter in this certification to “the Authorized Facilities and/or the Discrete Components” shall be deemed to refer to those Authorized Facilities and/or Discrete Components or those Authorized Fees described in Attachment 1 hereto. (ii) I or persons working under my supervision have confirmed that each of the Authorized Facilities and/or Discrete Components is complete in accordance with the Plans. (iii) The Developer has provided me with satisfactory documentation to demonstrate how Actual Cost for the subject Authorized Facilities and/or Discrete Components was calculated, to establish that the Authorized Facilities and Discrete Components are consistent with those presented in the documentation of Actual Cost, and to establish that the Authorized Fees described in Attachment 1 hereto, if any, have been paid by the Developer. (iv) The Actual Cost of the Authorized Facilities and Discrete Components and the amount of Authorized Fees described in Attachment 1 hereto, if any, have been reviewed, verified and approved by me or persons working under my supervision under the terms specified in Section 5 of the Acquisition Agreement. As such, Payment of the Purchase Price of each of the Authorized Facilities and/or Discrete Components and reimbursement to the Developer for the amount of Authorized Fees described in Attachment 1 hereto is hereby approved. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Acquisition Agreement, dated as of July 18, 2017 (the “Acquisition Agreement”), by and between the City of Dublin (the “City”) and the Developer. Dated: _______________________ __________________________________ Gary Huisingh Director of Public Works City of Dublin 4.12.c Packet Pg. 424 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community B -6 B-6 ATTACHMENT 1 Authorized Facility, Discrete Component or Authorized Fees Actual Cost Purchase Price Total 4.12.c Packet Pg. 425 Attachment: 3. Acquisition Agreement for CFD 2015-1 Dublin Crossing (Amendment to Acquisition Agreement for Dublin Crossing Community Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Climate Action Plan Task Force Prepared by: Rebecca Parnes, Environmental Technician EXECUTIVE SUMMARY: The City Council will consider approving the formation of a Climate Action Plan (CAP) Task Force. Staff is working to develop an updated CAP with strategies to achieve greenhouse gas (GHG) emissions reduction goals by 2030 and 2050. The CAP T ask Force will provide feedback to Staff on potential GHG emissions reduction strategies throughout the development of the City of Dublin’s updated CAP. STAFF RECOMMENDATION: Adopt the Resolution Approving the Formation of a Climate Action Plan Task Fo rce. FINANCIAL IMPACT: Adequate funding is allocated in the approved budget for the Fiscal Year 2018 -2019 for the Climate Action Plan update, including support to a Climate Action Plan Task Force. DESCRIPTION: In July of this year, Staff began work on an update to the City’s existing Climate Action Plan (CAP). The updated CAP will provide greenhouse gas (GHG) emission reduction goals for 2030 and 2050 to align with Senate Bill 32 and Executive Order B -30-15. The City’s current CAP has GHG goals through 2020. The updated CAP will go through California Environmental Quality Act review, following the Governor’s Office of Planning and Research guidelines, so that the CAP can be used for future tiering and project streamlining. Staff expects to complete the updated CAP in Fall 2019. Creation of a CAP Task Force follows best practices identified by State organizations. Per the California Air Resources Board (CARB) California’s 2017 Climate Change Scoping Plan: For California’s climate change policies to be supported by the public and be implemented with enthusiasm, they must be developed through ample, genuine 4.13 Packet Pg. 426 Page 2 of 2 opportunities for community members to discuss and provide input. Californians’ contributions to the policy arena strengthen the end products and ass ist in their implementation and enforcement. CAP Task Force meetings will give the Dublin community an opportunity to help shape the updated CAP and enable the City of Dublin to reach State mandated GHG emissions reduction goals by 2030 and 2050. As per the CARB guidelines and to help ensure specific strategies included in the updated CAP represent the community’s needs and desires, Staff recommends forming a CAP Task Force. The CAP Task Force will meet four to six times in 2019. During meetings CAP Task Force members will be asked to provide feedback and input on potential initiatives to include in the CAP update. Staff would identify the participating members with representation from the following organizations and groups: • Bay Area Rapid Transit • Commercial Real Estate Broker • Commercial Developer • Dublin San Ramon Services District • Dublin Unified School District • East Bay Regional Park District • Inside Dublin Graduates (2) • Livermore Amador Valley Transit Authority • Large Business Owner • Small Business Owner • Residential Developer STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: All Climate Action Plan Task Force meetings will follow the public noticing requirements established by the Brown Act. ATTACHMENTS: 1. Resolution Approving the Formation of a Climate Action Plan Task Force 4.13 Packet Pg. 427 RESOLUTION NO. xx-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING THE FORMATION OF A CLIMATE ACTION PLAN TASK FORCE WHEREAS, the City of Dublin has a Climate Action Plan to reduce greenhouse gas emissions to 15% below 2010 levels by 2020; and WHEREAS, the City of Dublin is working to establish new strategies to achieve further greenhouse gas reduction by 2030 and 2050 to align with Senate Bill 32 and Executive Order B-30-15; and WHEREAS, the Governor’s Office of Planning and Research and the California Air Resource Board identify community engagement as an essential part of Climate Action Plan development. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does hereby approve formation of a Climate Action Plan Task Force. BE IT FURTHER RESOLVED that the City Manager is authorized to direct staff to identify Climate Action Plan Task Force participants from local government partners, community members, development companies, and the business community. BE IT FURTHER RESOLVED that the Climate Action Plan Task Force would be for a limited term and would cease to exist following the adoption of the updated Climate Action Plan by the City Council. 4.13.a Packet Pg. 428 Attachment: 1. Resolution Approving the Formation of a Climate Action Plan Task Force (Climate Action Plan Task Force) PASSED, APPROVED AND ADOPTED this 4th day of December 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.13.a Packet Pg. 429 Attachment: 1. Resolution Approving the Formation of a Climate Action Plan Task Force (Climate Action Plan Task Force) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Revisions to the Personnel System Prepared by: Angelica Smith, Senior Management Analyst EXECUTIVE SUMMARY: The City Council will consider proposed changes to the City’s current Personnel System. The proposed adjustments are based on the need to revise the City’s Classification, Salary, Benefit Plans. STAFF RECOMMENDATION: Adopt the Resolution Amending the Classification Plan; adopt the Resolution Amending the Salary Plan; and, adopt the Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated Positions. FINANCIAL IMPACT: The proposed changes to the Personnel System, if approved by the City Council, will not require a budget adjustment. Sufficient funding is available in the Fiscal Year 2018 - 2019 position allocation plan and budget for the proposed revisions. DESCRIPTION: Included in the City’s Personnel System are Resolutions that address the Classification, Salary, and Benefit plans for full-time personnel. Attachment 1 is a proposed amendment to the Classification Plan, incorporating revisions to the job descriptions for Assistant (Civil) Engineer (Exhibit A), Economic Development Director (Exhibit B), City Clerk (Exhibit C) and Planning Manager (Exhibit D). The updates to these classifications reflect changes in job duties and requirements. They also address future staffing needs of the City. Attachment 6 establishes the monthly compensation for the classifications of City Clerk and Planning Manager. The recommended monthly salary range for the classifications are based on comparable positions in similar agencies and benched with City classifications of related job scope and requirements to establish pay equity within the 4.14 Packet Pg. 430 Page 2 of 2 City’s Salary Plan. Lastly, Attachment 7 prescribes specific leave benefits and designates the Planning Manager position as management and exempt from the City’s competitive service system. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Noticing not required. ATTACHMENTS: 1. Resolution Amending the Classification Plan 2. Exhibit A to Resolution Amending the Classification Plan 3. Exhibit B to Resolution Amending the Classification Plan 4. Exhibit C to Resolution Amending the Classification Plan 5. Exhibit D to Resolution Amending the Classification Plan 6. Resolution Amending the Salary Plan 7. Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated Positions 4.14 Packet Pg. 431 ATTACHMENT 1 RESOLUTION NO. XX – 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE CLASSIFICATION PLAN WHEREAS, in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 30-84 and subsequent resolutions which comprise the Classification Plan; and WHEREAS, it is necessary to periodically add and revise job descriptions in the Classification Plan to reflect current responsibilities and laws. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall further include changes to the following amended positions: Assistant (Civil) Engineer (Exhibit A) Economic Development Director (Exhibit B) BE IT FURTHER RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall be amended to add the following position: City Clerk (Exhibit C) Planning Manager (Exhibit D) BE IT FURTHER RESOLVED that this document shall become a part of the official Classification Plan for the City of Dublin; and that the changes contained herein shall be effective December 4, 2018. PASSED, APPROVED AND ADOPTED this 4th day of December, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.14.a Packet Pg. 432 Attachment: 1. Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT A Date Adopted: June 27, 1994 Date Revised: December 4, 2018 Title: Assistant (Civil) Engineer FLSA: Exempt General Purpose: Under general direction of the Senior Civil Engineer, performs varied professional engineering work in land development review and permitting; design, construction, and administration of public works and transportation projects; ensures compliance with laws, rules, regulations, ordinances, and standards; provides engineering information, public records, and customer service in response to public inquiries; and performs related work as required. Distinguishing Characteristics: This is the entry level in the professional engineering class series. Positions in this class perform basic professional engineering work and may coordinate the work of technical staff. Appointment to this level requires moderate administrative, analytical and technical skills acquired by professional training and experience including possession of a valid Engineer-in- Training (EIT) certificate issued by the State of California or equivalent certification from another U.S. state or territory Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Prepares and/or reviews all phases of engineering design & drafting, plans & specifications for the construction of streets, street lighting, traffic signals, signing, striping, pavement marking, parks, recreation & parking facilities, storm drains, and other related public works projects. Conducts various traffic, transportation and related engineering studies . Prepares recommendations, reports, agenda statements and related correspondence. Performs independent plan check, review & processing of maps, plans & specifications for conformance to State and City standards. Participates in public works inspection and surveying activities including physical field inspections under adverse conditions (heat, cold, noise, hazardous materials). Performs a variety of engineering calculations for storm drain facilities, structural stresses, strains & strengths, survey closures, areas, grading & curves and related factors. 4.14.b Packet Pg. 433 Attachment: 2. Exhibit A to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT A Gathers supporting data; analyzes alternatives; and prepares estimates of time and construction costs. Administers design, construction and engineering contracts; monitors capital improvement budgets for assigned projects & programs, including the City’s urban run-off program (NPDES). Provides information and assistance to Staff, contractors, developers, the public and to others over the telephone and at the public counter. Prepare clear and concise written and oral reports to various groups; attends off-site meetings, conferences and seminars during work and non-work hours, and make presentations at these meetings. Perform related duties as assigned. Minimum Qualifications: Knowledge of: Principles and practices of engineering as applied to public works, infrastructure, traffic, transportation and/or land development. Materials, methods and techniques used in the design & construction of civil and traffic engineering projects. Principles of engineering survey work, computerized drafting and database systems, and related engineering software applications. Applicable federal, state and local laws, regulations and engineering standards pertaining to the design and construction of public works, traffic and related engineering proje cts. Customer service techniques. Federal, state and local laws, regulations and court decisions applicable to assigned areas of responsibility. Ability To: Prepare and review plans, maps, layouts, specifications, various engineering studies and Planning, Building, and Public Works permit applications. Prepare clear and concise reports and correspondence. Communicate clearly in writing and verbally. Exercise initiative in analyzing and completing assigned projects. Use or learn to use computers to perform engineering designs and calculations, computerized master traffic control and computerized public works inventory systems. 4.14.b Packet Pg. 434 Attachment: 2. Exhibit A to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT A Establish and maintain effective working relationships with those contacted in the course of work. Coordinate and supervise the work of others, including City Staff and outside consultants. Physical Standards: The physical standard described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonabl e accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk and hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. The employee is frequently required to read fine print on plans, drawings, and computer monitors; bend and twist to reach files, walk and stand. While performing duties, the employee is regularly required to use written and oral communication skills; speak to be heard and clearly understood, sometimes above the noise of heavy construction equipment; bodily movement to move across rough terrain and bridge scaffolding; climb into and out of manholes and trenches, 30 foot ladders and several flights of stairs and climb high banks of uneven terrain; strength to carry a 10 pound ladder up and down stairs; ability to lift and/or maneuver up to 30 pounds; interpret complex data, info rmation and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Training and Experience: Any combination equivalent to education and experience is likely to p rovide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Bachelor’s degree from an accredited college or university with major course work in Civil Engineering or a closely related field. Experience: A minimum of two years of progressively responsible prof essional experience in the field of engineering. Licenses; Certificates; Special Requirements: Possession of a valid California Class C drivers’ license and Certificate of Automobile Insura nce for Personal Liability. Possession of a valid Engineer-in-Training (EIT) certificate issued by the State of California, or equivalent certification from another U.S. state or territory. Registration as a Civil Engineer in the State of California is desirable. 4.14.b Packet Pg. 435 Attachment: 2. Exhibit A to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT B Date Adopted: June 16, 1998 Date Revised: December 4, 2018 Title: Economic Development Director FLSA: At-Will; Exempt; Designated Management General Purpose: To plan, organize, direct and coordinate the activities of the Economic Development Division within the City Manager’s Office including business attraction and retention services, small business assistance and site selection work. The Director will help to maintain Dublin’s competitive advantage in Tri-Valley and Bay Area markets. The Director will also coordinate economic development activities with other divisions and departments; and to provide highly complex staff assistance to the City Manager. Distinguishing Characteristics: This is a Department Head classification reporting directly to the City Manager. The Economic Development Director is responsible for the planning, administration, and operation of the Economic Development Division within the City Manager’s Office, performs responsible and innovative administrative management in support of the City’s goals and objectives, and is a participating member of the City’s executive management team. A person appointed to the Economic Development Director classification is an At-Will Employee appointed by and serving at the pleasure of the City Manager. Supervision Received and Exercised: Receives administrative direction from the City Manager or designee. Exercises direct or indirect supervision over management, supervisory, professional, technical and clerical personnel as appropriate. Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Develop and implement divisional goals, objectives, policies and procedures including, but not limited to, implementation of the City’s Economic Development Strategic Plan. Plan organize and direct economic development activities including development and implementation of strategies and programs to encourage business retention and attraction. 4.14.c Packet Pg. 436 Attachment: 3. Exhibit B to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT B Oversee the City’s Economic Development incentive programs. Direct, oversee and participate in the development of the Economic Development Division work plan; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures. Prepare the Economic Development Division budget; assist in budget implementation; participate in the forecast of additional funds needed for staffing, equipment, materials and supplies; administer the approved budget. Develop and conduct economic studies, needs assessment, research and financial analyses; research and analyze business and community demographics; establish, compile and update an economic development database that includes a real estate inventory, land costs and lease rates, and related records related to private sector business operations. Develop and implement techniques, strategies, programs and promotional materials to stimulate commercial, industrial and related business activity; develop financial incentives and resources thorough coordination with State and Federal government, the business community, and other groups. May recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the Economic Development Division. Build and maintain positive working relationships with co-workers, other employees and the public using principles of good customer service. Represent the division and City Manager’s Office to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary. Research and prepare technical and administrative reports; prepare written correspondence. Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. Perform other duties as assigned. Minimum Qualifications: Knowledge of: Principles and practices of economic development and redevelopment including business recruitment and attraction, real estate, land development and related financing alternatives. Principles and practices of leadership, motivation, team building and conflict resolution. Pertinent local, State and Federal rules, regulations and laws. 4.14.c Packet Pg. 437 Attachment: 3. Exhibit B to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT B Modern office procedures and computer equipment. Principles and practices of organizational analysis and management. Budgeting procedures and techniques. Principles and practices of supervision, training and personnel management. Ability to: Organize and direct the Economic Development Division operations. Perform complex work related to economic development and redevelopment activities. Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. Gain cooperation through discussion and persuasion. Interpret and apply City policies, procedures, rules and regulations as related to economic development and redevelopment. Prepare and administer a budget. Supervise, train and evaluate personnel, as appropriate. Establish and maintain effective working relationships with those contacted in the course of work. Communicate clearly and concisely, both orally and in writing. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made t o enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. The employee is frequently required to, bend and twist to reach files, walk and stand, and occasionally lift up to 20 pounds. While performing duties, the employee is regularly required to use written and oral communication skills; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: 4.14.c Packet Pg. 438 Attachment: 3. Exhibit B to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT B Education: Equivalent to a Bachelor's degree from an accredited college or university with major course work in business or public administration, economics, urban planning or a closely related field. A Master’s degree is desirable. Experience: Four years of full-time professional experience in economic or business development involving program development; business attraction, retention and marketing; real estate development; commercial property brokerage/management; financial analysis; and/or chamber of commerce; experience as a business manager or owner is preferred. Licenses; Certificates; Special Requirements: Possession of a valid California Class C Driver’s License and Certificate of Automobile Insurance for Personal Liability. 4.14.c Packet Pg. 439 Attachment: 3. Exhibit B to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT C Date Adopted: December 4, 2018 Date Revised: Title: City Clerk FLSA: Exempt General Purpose: To serve as City Clerk pursuant to the Dublin Municipal Code, to organize, plan and direct all activities of the City Clerk’s Office. The work involves maintaining a complete and accurate legal/historical record of City Council proceedings; administering records management program; conducting municipal elections; ensuring compliance with Political Reform Act, Brown Act, Public Records Act and Conflict of Interest Codes; supervising administrative support staff and functions of the City Clerk’s Office and/or City Manager’s Office;; and providing prompt and courteous service to the Mayor and City Council, citizen, press and public requests for assistance and information. Distinguishing Characteristics: Within the City Manager’s Office, the City Clerk exercises full responsibility for all functions and operations of the City Clerk’s Office including production and publication of agendas and minutes for the City Council Meetings and related public meetings, is responsible for enforcement of laws and regulations pertaining to elections and campaign financing, public records, meeting notices, conflict of interest code and oversight of records management and retention activities. Supervision Received/Exercised: Reports to and receives administrative direction from the City Manager or his/her designee. Exercises direct and indirect supervision over assigned administrative support staff. Essential Duties and Responsibilities: Under direction, plans, oversees the operations and services of the City Clerk's Office, which includes the performance of statutory duties and the preparation, posting and maintenance of agendas, minutes and records for the City Council as proscribed by statutes; conducts municipal elections and ensures compliance with conflict of interest laws and Fair Political Practices Commission (FPPC) regulations; coordinates civic activities with other City officials, departments, outside agencies, organizations and the public; provides responsible and complex support to the City Council and City Manager; performs related duties as required. The following duties are normal for this classification. The omission of sp ecific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. 4.14.d Packet Pg. 440 Attachment: 4. Exhibit C to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT C Prepare City Council Agendas. Attend City Council Meetings and prepare official Minutes in an accurate and timely manner. Coordinate posting of City Council Agendas and Minutes on City’s website. Follow up to ensure that City documents are properly executed and comply with applicable local/state/federal regulations. Prepare Staff Reports related to City Clerk’s function. Review, notarize and prepare specific City related documents for recordation (deeds, easements, development agreements, certificates of project completion, etc.). Communicate official City Council actions to appropriate/interested parties. Respond in a timely manner to requests for public information, ensuring compliance with the Public Records Act. Receive subpoenas for records and lawsuits filed on the City. Ensure the City’s compliance with provisions of the Brown Act. Perform duties of Elections Official and oversee all local elections. Perform Filing Officer duties required by the Political Reform Act for campaign disclosure statements for candidates and officeholders. Administer provisions of the City’s Conflict of Interest Code. Coordinate advertisement of openings on the City’s Commissions/Committees/Task Forces. Maintain list of City Council appointments, as well as boards/committees/bodies on which City Councilmembers serve; track Administer Oath of Office to new elected/appointed officials. Maintain legal custody of official City records and documents. Maintain custody of the City Seal and affix to legal documents. Attest Mayor’s and/or City Manager’s signature on all legal City documents. Maintain Records Retention Schedule and oversee timely compliance for records. Maintain Legislative History Index of City documents (Minutes, Contracts, Agreements, Resolutions, Ordinances). Coordinate regular updates to the Dublin Municipal Code (paper and electronically). Supervise administrative support functions of the City Clerk’s Office. 4.14.d Packet Pg. 441 Attachment: 4. Exhibit C to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT C Provide administrative support to the Mayor and City Council. Analyze programs, policies and procedures utilized in the City Clerk’s Office on a regular basis to ensure that the department is operating in the most efficient manner possible. Participate to maintain required certifications in appropriate professional organizations (i.e. CCAC & IIMC) Provide input and assist in the establishment and/or improvement of procedures, policies and budgetary matters. Obtain and maintain commission as a California Notary Public. Minimum Qualifications: Knowledge of: Municipal government operations. Federal, state and local laws, codes and regulations applicable to City government operations, procedures, and elections. Municipal Codes and laws such as the Brown Act, Political Reform Act, Public Records Act and Election Code. Basic budgeting principals and statistical analysis. Electronic document imaging and modern records retention practices Use of proper business English, grammar, spelling and proofreading. Basic supervision principles and practices Modern office practices, methods and equipment. Customer service techniques. Ability To: Work independently with minimal direction. Effectively work with a variety of people at varying levels in the organization, as well as the public and members of the City Council. Provide information and organize material in compliance with laws, regulations and policies. Learn, interpret, and apply City rules, regulations, policies, practices, ordinances, resolutions, and laws. 4.14.d Packet Pg. 442 Attachment: 4. Exhibit C to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT C Research and interpret rules/regulations/laws/ordinances related to: Brown Act, California Conflict of Interest Code, Dublin Municipal Code, Elections Code, Government Code, Political Reform Act, Public Records Act, and Records Retention Schedule. Establish and maintain cooperative-working relationships with those contacted in the course of work. Communicate clearly and concisely, both orally and in writing. Physical Standards: The physical standard described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standa rd office equipment such as VDTs, computer, telephone, 10-key calculator; and reach with hands and arms. The employee is frequently required to, bend and twist to reach files, walk and stand. While performing duties, the employee is regularly required to use written and oral communication skills; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. In addition, the City Clerk must be willing and able to attend and take Minutes at lengthy evening and weekend meetings. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to graduation from the 12th grade and an AA degree from an accredited college or university with major coursework in public administration, public policy or a closely related field are required; B.A/B.S. degree is desirable. Experience: Three years of administrative experience, preferably in a City Clerk Division/Department, of which at least two years has included administering local elections, supervision of staff, records management, and the interpretation of laws and ordinances. Licenses; Certificates; Special Requirements: Certification as a Municipal Clerk by the International Institute of Municipal Clerk s is required. Current California Notary Public Commission is required or must be obtained within first six months of employment. Possession of a valid California Class C Drivers’ License and Certificate of Automobile Insurance for Personal Liability are required. 4.14.d Packet Pg. 443 Attachment: 4. Exhibit C to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT D 1 Date Adopted: December 4, 2018 Date Revised: Title: Planning Manager FLSA: At-Will; Exempt; Designated Management General Purpose: Under administrative direction of the Community Development Director, plans, or ganizes and directs the activities and programs of the Planning Division including zoning, code enforcement, processing of permits, subdivisions, and environmental review, administration, participates in the transportation and capital improvement planning, housing programs, and the general plan; performs other duties as assigned. Distinguishing Characteristics: The incumbent is responsible for formulating policy, developing goals and objectives, supervising staff, and developing and administering the division's budget. The Planning Manager is distinguished from the Principal Planner in that the former has direct management responsibility for all aspects of the Planning Division. It is further distinguished from the Community Development Director in that the Director has overall management responsibility for all areas of the Community Development Department which include Building, Planning and Housing. Supervision Exercise: Direct supervision and supervision through secondary supervisor are provided to personnel assigned to the Division. Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Plans, organizes, directs and coordinates all Planning Division activities including advance and current planning and code enforcement activities; prepares and administers the Division budget. Assists in the development and implementation of goals, objectives, policies and priorities for the Division to assure the efficient and effective operation of the Planning Division. 4.14.e Packet Pg. 444 Attachment: 5. Exhibit D to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT D 2 Hires, supervises, trains and evaluates Planning Division personnel; interprets City policies an d procedures to employees; is responsible for morale and productivity of assigned staff. Manages consultant contracts for the Division and the work performed by consulting contract staff. Develops operational policies and procedures to ensure effective departmental operation and provides for continuous improvement of the Planning Division. Reviews community growth patterns, trends in land use, community needs and other factors in originating recommendations for controlling and regulating community devel opment. Establishes systems to ensure consistency within the Division. Functions as a Project Manager on highly complex Planning Division projects; prepares complex reports, letters and newsletters. Makes presentations to the City Council, Planning Commission and other groups; explains Division policies to the public and developers; may conduct general administrative projects concerning matters outside the scope of the Planning function. Develops and implements Division goals, objectives, policies and priorities. Confers with and provides professional assistance to members of City departments on matters related to functional areas of responsibility. Establishes and maintains liaisons with appropriate government bodies, private firms, organizations or individuals to assist in achieving City objectives and ensuring compliance with appropriate laws and development standards. Meets with representatives, professionals, citizens and organizations to encourage action or resolve problems related to the Division's activities and projects; and effectively provides training and direction consistent with the City’s commitment to exceptional customer service. Performs related duties as required. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Minimum Qualifications: Knowledge of: Principles, practices, standards, information sources and trends in the fields of current and/or advance planning, affordable housing, local, state and federal laws applicable to planning, zoning, subdivision and environmental review. Land use, physical design, demographics, environmental, social and economic concepts, including public and private financing and capital improvements. 4.14.e Packet Pg. 445 Attachment: 5. Exhibit D to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT D 3 Application, modification, and interrelationships between ordinances, policies, standards, procedures, and practices associated with the planning function. Computer technology and statistical analysis techniques related to municipal planning Local government organizations and the functions and practices of a municipal planning division. Principles and practices of budget preparation, budget administration, goals and objectives development and work planning. Methods and practices of community organization and citizen participation. Supervisory principles and practices including training and evaluation. Ability to: Plan, organize, assign, review and evaluate the work of assigned staff. Learn, interpret, and apply City, department and division rules, regulations, policies and practices. Interpret laws, policies, procedures and regulations. Analyze complex operational and administrative problems, evaluate alternatives and recommend or adopt effective courses of action. Negotiate project conditions of approval Work well under the urgency of deadlines. Develop and implement goals, objectives, policies, procedures, work standards and management controls, including the application of project management techniques. Prepare clear and concise reports, correspondence and other written materials and make clear oral presentations. Communicate effectively both orally and in writing. Utilize a personal computer to perform word process, spreadsheet and specialized functions. Facilitate meetings with representatives, professionals, citizens and organizations to achieve problem solving. Exercise sound, fair and consistent independent judgment; provide technical assistance and staff leadership to various boards and commissions. Exemplify and foster an enthusiastic, resourceful and effective service attitude with the public and all who are contacted in the course of the work. 4.14.e Packet Pg. 446 Attachment: 5. Exhibit D to Resolution Amending the Classification Plan (Revisions to the Personnel System) EXHIBIT D 4 Participate, foster and encourage all members of the division to work as members of a team; and establish and maintain cooperative-working relationships with those contacted in the course of the work. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. The employee is frequently required to, bend and twist to reach files, walk and stand. While performing duties, the employee is regularly required to use written and oral communication skills; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Graduation from a four-year college or university with major course work in city or regional planning, urban planning, or a closely related field. A Master’s degree in a related field is preferred. Experience: Five years of progressively responsible, professional level experience in current and advanced planning which includes at least two years of supervisory experience. Local government, large-scale development and planned growth management experience is highly desirable. Training: Any recent training such as, academic courses and certification programs, which are relevant to this job classification. Licenses; Certificates; Special Requirements: Possession of a valid California Class C drivers’ license and Certificate of Automobile Insurance for Personal Liability. Special Requirements: Must have the willingness and ability to: work the hours necessary to accomplish the assigned duties, including evening and week-end hours; attend evening meetings; travel out of town and attend workshops, conferences, seminars during work and non-work hours. 4.14.e Packet Pg. 447 Attachment: 5. Exhibit D to Resolution Amending the Classification Plan (Revisions to the Personnel System) ATTACHMENT 2 RESOLUTION NO. XXX – 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * RESOLUTION AMENDING THE SALARY PLAN FOR FULL-TIME PERSONNEL AND MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE WHEREAS, in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 54-18 and subsequent Resolutions which establish a Salary Plan for full-time personnel; and WHEREAS, the City Council adopted Resolution No. 55-18 and subsequent Resolutions which establish a Salary Plan for management positions exempt from competitive service in accordance with the City’s Personnel System Rules. NOW, THEREFORE, BE IT RESOLVED that the position of City Clerk shall be added and covered under Article I, Section A of the Salary Plan for Full-Time Personnel; and BE IT FURTHER RESOLVED that the following position shall be paid a monthly rate within the following salary range with the exclusion of any Performance Pay Adjustment granted in accordance with the adopted Personnel Rules: City Clerk $10,288 - $12,860 per month BE IT FURTHER RESOLVED that the position of Planning Manager shall be added and covered under Article I, Section A of the Salary Plan for Management Positions Exempt from Competitive Service; and BE IT FURTHER RESOLVED that the following position shall be paid a monthly salary within the following salary range with the exclusion of any Performance Pay Adjustment granted in accordance with the adopted Personnel Rules: Planning Manager $11,124 - $ 13,907 per month BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for the City of Dublin; and that the changes contained herein shall be effective December 4, 2018. PASSED, APPROVED AND ADOPTED this 4th day of December, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.14.f Packet Pg. 448 Attachment: 6. Resolution Amending the Salary Plan (Revisions to the Personnel System) ATTACHMENT 3 RESOLUTION NO. XXX – 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE RESOLUTION AND PRESCRIBING LEAVE BENEFITS FOR THE DESIGNATED POSITIONS WHEREAS, the City Council has adopted a Personnel Ordinance in which Section 2.20.040 E of the Ordinance exempts Department Heads and other Management Positions from Competitive Service; and WHEREAS, in accordance with the City’s Personnel Ordinance, the City Council adopted Resolution No. 202-08 which establishes Management Positions and defines benefits for those positions; and WHEREAS, it is necessary to periodically update the resolution to reflect new classifications. NOW, THEREFORE, BE IT RESOLVED that the following position be added to the list of Management Positions under the City’s Personnel Ordinance and shall be granted benefits in accordance with City Resolution 202-08: Planning Manager BE IT FURTHER RESOLVED that the changes contained herein shall be effective December 4, 2018. PASSED, APPROVED AND ADOPTED this 4th day of December, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: ______________________________________ City Clerk 4.14.g Packet Pg. 449 Attachment: 7. Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Temporary Relocation for Alameda County Fire Department Administrative Offices Prepared by: Linda Smith, Assistant City Manager EXECUTIVE SUMMARY: The City Council will consider authorizing the City Manager to enter into agreements to provide temporary housing for the Alameda County Fire Department. The Department is located in the Public Safety Complex and must be relocated for a short period of time while unexpected structural upgrades are made to the building. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Enter into Agreements Necessary for the Temporary Relocation for the Alameda County Fire Department Administrative Offices, and approve the budget change. FINANCIAL IMPACT: Authorization to the City Manager includes a not to exceed amount of $400,000. A budget change from the General Fund undesignated reserve s is necessary. A portion of the budget change will be offset by the continued, prorated monthly lease payment from ACFD. DESCRIPTION: The City is under construction at the Public Safety Complex to create a future home for Dublin Police Services. At present, the building is partially occupied by the Alameda County Fire Department (ACFD) for its administrative offices. Recently, the City conducted an evaluation by a structural engineer to determine what upgrades will be necessary to bring the entire b uilding up to “essential facility” status. The City believed that certain structural upgrades were completed on the side of the building occupied by ACFD when it was originally upgraded in 2013; however, such improvements were not made. As the City evalu ates its possible remedies, it has become necessary to relocate ACFD in order to make those necessary upgrades. 4.15 Packet Pg. 450 Page 2 of 2 Staff is working with ACFD on possible temporary locations. These options include leasing private office space, repurposing and improving an existing City facility to accommodate employees on a temporary basis or relocating to County-controlled facilities in the area. The temporary location could require execution of a lease agreement, possible tenant improvement costs or could include a reimbu rsement to ACFD for expenses incurred. Staff is recommending that the City Council appropriate $400,000 from the General Fund undesignated reserve and give authority to the City Manager of the same amount. The amount requested is an estimate based on a scenario of office space rents at 10,000 square feet for a period of eight months and related temporary relocation costs, such as the procurement of office furniture, equipment and improvements necessary for the temporary relocation. It should be noted that the final determination of space and improvement needs will be made upon execution or a temporary lease with an office building or reimbursement agreement with ACFD. The City will continue to receive payment from ACFD under its current office lease at the existing rate of approximately $1.60 per square feet. This amount will partially offset the actual expenses for temporary space. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Authorizing the City Manager to Enter into Agreements Necessary for the Temporary Relocation for the Alameda County Fire Department Administrative Offices 2. Budget Change Form 4.15 Packet Pg. 451 RESOLUTION NO. xxx - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS NECESSARY FOR THE TEMPORARY RELOCATION FOR THE ALAMEDA COUNTY FIRE DEPARTMENT ADMINISTRATIVE OFFICES WHEREAS, the City is under construction at the Public Safety Complex to create a future home for Dublin Police Services, which is also the home for the Alameda County Fire Department (ACFD) for its administrative offices; and WHEREAS, it has become necessary to relocate ACFD for a temporary period as structural upgrades are made to the building; and WHEREAS, Staff is working with ACFD on possible temporary locations. These options include leasing private office space, repurposing and improving an existing City facility to accommodate employees on a temporary basis or relocating to County -controlled facilities in the area; and WHEREAS, the temporary location could require execution of a lease agreement, possible tenant improvement costs or could incl ude a reimbursement to ACFD for expenses incurred; and WHEREAS, timing is of the essence and the City Council is being asked to appropriate funds and authorize the City Manager to enter into agreements necessary to p romptly relocate ACFD. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to enter into agreements necessary for the temporary relocation for the Alameda County Fire Department administrative offices. PASSED, APPROVED AND ADOPTED this 4th day of December, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk 4.15.a Packet Pg. 452 Attachment: 1. Resolution Authorizing the City Manager to Enter into Agreements Necessary for the Temporary Relocation for the Alameda Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account Amount Account Amount Contract Services - General (GI0116.9200.9201)$400,000 3600.9601.49999 (Transfers In)$400,000 $400,000 12/4/2018 Posted By:Date: EXP: Public Safety Complex (GI0116) GI0116.1001 (1001.9601.89101) - General Fund Undesignated Reserve - Transfers Out As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN To fund the move to temporary housing for the ACFD. REASON FOR BUDGET CHANGE FISCAL YEAR 2018-19 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT City Council's Approval Required \\cc-uem\users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\4128 4128 4.15.b Packet Pg. 453 Attachment: 2. Budget Change Form (ACFD Temporary Move) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: December 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Update on The Wave Operations Prepared by: La Shawn Butler, Parks and Community Services Direc tor EXECUTIVE SUMMARY: The City Council will receive an update on The Wave's second operational season. STAFF RECOMMENDATION: Receive report and provide direction. FINANCIAL IMPACT: There is no financial impact associated with this item. Any sugges ted expense reductions to The Wave will be factored into the 2019-2020 Fiscal Year budget update. DESCRIPTION: The City broke ground on The Wave at Emerald Glen Park in March 2015 and the facility opened to the public on May 27, 2017. The facility repla ced the outdated Dublin Swim Center from which the City ceased operations in December 2016. The Wave’s modern amenities include a natatorium; outdoor sports pool; a waterpark featuring six waterslides, a splash zone for children, boardwalk, deck, cabanas, and picnic tables; and a community room. For summer season 2018, a concession stand was constructed within the waterpark to enhance the customer experience. The facility has been a regional draw that attracts visitors from not only Alameda County, but surrounding counties as well. At the September 4, 2018 City Council meeting, Staff was asked to provide a financial report on The Wave, an update on the success of the annual pass program and engage in a broader discussion about the fiscal sustainability of The Wave and its subsidy. Financial Report The Wave operates year-round, seven days a week and up to 14 hours a day (excluding holidays). In addition to the summer waterpark operations, The Wave includes year-round operations such as swim lessons, recreational and lap swim, 8.1 Packet Pg. 454 Page 2 of 4 special events, birthday parties and rental activities. Of the approximate $2.9 million in budgeted expenses, 83 percent of the expenses are budgeted in part time staffing costs ($1.29 million), utilities and operating supplies ($1.1 million). In closing the books for Fiscal Year 2017-2018, actual year-end shows The Wave came in under budget on both revenues and expenditures for a total subsidy of approximately $950,000. Fiscal Year 2017-18 Adopted Budget Year-End Actuals Revenue $1,785,113 $1,670,143 Expenditures $2,877,750 $2,618,799 GF Support $1,092,637 $948,656 Approximately half of the revenue comes from waterpark operations. The Wave waterpark season (or summer season) is a roughly 15 -week period between the Memorial Day and Labor Day holidays and is the facility’s busiest time of year. The waterslides, natatorium and outdoor pools were open daily, as well as the concession operation, which began this year. Attendance Average daily attendance reached up to over 750 Fridays through Sundays, and holidays. However, comparing to 2017 Summer season the attendance is down by 26%. The summer 2017 average attendance was 978. The data shows that during the summer weekend and holidays average attendance was consisten tly more than double weekday average attendance, with the lowest day attendance Monday through Wednesday. As expected, attendance is directly related to weather temperatures; doubling on days when temperatures are higher. For example, in 2018, average attendance on Saturdays during temperatures of 70 -79 degrees was approximately 430, compared to an average attendance of approximately 900 during temperatures above 90 degrees. When looking at daily revenues, data shows that, in line with attendance, revenu e is highest Fridays through Sundays and holidays, and is lowest on Mondays. Lastly the data show the greatest revenue generating hours for the summer season are between 11:00 AM to 3:00 PM. Comparison with Other Cities In addition to reviewing the operation’s past two summer attendance numbers, programs, services and activities offered year-round, Staff also benchmarked our operation against surrounding cities that have been in operation beyond five years to take advantage of their learned knowledge. In looking at the greatest revenue generating hours and comparing our services operating hours to cities with well-established programming, Staff concluded that our summer operation hours for the Water Park is ideal and that half -day pricing is not a deterring factor. 8.1 Packet Pg. 455 Page 3 of 4 CITY OFF SEASON MON-THU OFF SEASON FRI-SUN SUMMER MON-THU SUMMER FRI-SUN Fremont Closed Closed 11:00 AM–4:00 PM 11:00 AM-5:00 PM Antioch Closed Closed 11:00 AM-6:00 PM (4:00 – 7:00 PM on M-F, August 6- 17, 24, 31) 11:00 AM-6:00 PM (4:00 – 7:00 PM on M-F, August 6-17, 24, 31) Newark Center opens intermittently throughout day Fri. 5:00-8:00 PM Sat. 12:30-6:30 PM Sun. 12:30-5:30 PM Intermittent Schedule for Rec/Lap/ Fitness 12:30 – 4:30 PM Intermittent Schedule for Rec/Lap/ Fitness Fri. 12:30 – 8:00 PM Sat. 12:30 – 6:30 PM Sun. 12:30-5:30 PM San Ramon Lap Swim 6:30 AM-8:30 PM runs intermittently Lap Swim 6:30 AM-2:30 runs intermittently 12:30-3:30 PM & 7:00-8:30 pm 12:30 – 4:30 PM Annual Pass Program and Military Pricing This past waterpark season, the City implemented an annual pass program for Dublin residents. The pass allowed entry Monday – Thursday throughout the season for $85. The City sold 114 passes this past season. Staff would recommend continuing the season pass in its current form. It is also noteworthy to mention that we were able to provide 850 military ticket discounts that past Summer season. Sustainability Discussion/Cost Savings Options Having two summer seasons and an entire fiscal year accounted for, Staff is now able present an accurate picture of ongoing revenues, expenses and subsidy needs for the facility. Waterpark operations are, by in large, a self -sustaining and marginally profitable enterprise. The vast majority of the subsidized expenses for this facility are for its year- round operations for community programming, such as swim lessons, recreational swim, lap swim and water exercise programs. Previously at the Dublin Swim Center, these programs were not offered year-round, but that operation did require an annual subsidy of around $300,000. The table below shows revenues and expenditures for the past 2017 -2018 summer seasons as well as the Dublin Swim Center’s last year of operation. Expenditures Revenues Subsidy Dublin Swim Center 2016 $547,803 $252,317 - $295,486 Wave Summer Season 2018 $796,141 $852,213 + $56,072 Should the City Council wish to see a reduction in the overall subsidy for the facility, Staff would recommend review and changes in three areas – utility cost, part-time staffing and contracted services. 8.1 Packet Pg. 456 Page 4 of 4 First, Staff recommends tackling the ongoing electricity costs for the facility by installing solar panels at or near the facility to offset the approximate $180,000 in annual costs for that service. Additionally, Staff would recommend a review and reduction of part time staffing, which is the largest portion (and variable) related to operational expenses. Of course, any major reductions in part-time staffing would result in changes to operational hours. Any of these types of major changes would also be analyzed to review the impact to potential revenue. Lastly, Staff would evaluate its contracted services for the facility and recommend reductions to some current professional services contracts. Further, the City could evaluate whether certain programs and services, such as swim lessons and concessions would be beneficial to contract out. Staff is seeking direction on the above items. STRATEGIC PLAN INITIATIVE: Strategy 1: Assure the City’s long-term financial sustainability. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: None. 8.1 Packet Pg. 457