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HomeMy WebLinkAbout*April 2, 2019 Agenda PacketApril 2, 2019 Dublin City Council Agenda Page 1 of 5 REGULAR MEETING Tuesday, April 2, 2019 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. I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 941-0305-028-00 Agency negotiator: Christopher L. Foss, City Manager Negotiating parties: ASVRF Dublin Place, LP Under negotiation: Price and terms of payment REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. National Crime Victims' Rights Week The City Council will proclaim the week of April 7 - 13 as "National Crime Victims' Rights Week" in the City of Dublin, and consider adopting a Resolution Affirming the City of Dublin's Commitment to respecting and enforcing victims' rights and addressing their needs. STAFF RECOMMENDATION: Present the proclamation. 3.2. Recognition of the Fallon Middle School Chess Team and International Master Christopher Yoo The City Council will recognize the Fallon Chess Team, named 2018 Middle School Co- State Champions, along with Dublin resident Christopher Yoo, who recently became the youngest International Chess Master at the age of 12. STAFF RECOMMENDATION: Present Certificates of Recognition. 3.3. Valley Link Update The City Council will receive an update on the Valley Link project from Michael Tree, Executive Director Tri-Valley - San Joaquin Valley Regional Rail Authority. STAFF RECOMMENDATION: Receive the presentation. April 2, 2019 Dublin City Council Agenda Page 2 of 5 3.4. City Council Role in Emergency The City Council will receive an overview for executives and senior officials relating to their role in an emergency. STAFF RECOMMENDATION: Receive the presentation from the Alameda County Fire Department. 3.5. Employee Introduction: Winston Rhodes New City of Dublin Staff member, Winston Rhodes, Planning Manager, will be introduced to the City Council. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff member. 3.6. 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 March 19, 2019 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the March 19, 2019 Regular meeting. STAFF RECOMMENDATION: Approve the minutes of the March 19, 2019 Regular City Council meeting. 4.2. Notice of City Engineer’s Pending Decision on Improvement Agreement Amendments for Tracts 7716 and 8171, and Receipt of Tract 8373 Final Map for Review The City Council will receive a notification of the City Engineer’s pending approval of the Improvement Agreement Amendment for Tract 7716, Wallis Ranch Neighborhood 6, and Tract 8171, Dublin Ranch Subarea 3 Phase One, and receive a notification of the City Engineer’s receipt of the Final Map for review for Tract 8373, Boulevard Neighborhood 24. STAFF RECOMMENDATION: Receive the notification. 4.3. Park Art Selection Panels The City Council will consider approval of the Park Art Selection Panel members. STAFF RECOMMENDATION: Approve the proposed Park Art Selection panelists. 4.4. Acceptance of Work – Project No. ST0517, Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements, and Project No. ST0217, San Ramon Road Arterial Management The City Council will consider the acceptance of the Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements, Project No. ST0517, and San Ramon Road Arterial Management, Project No. ST0217. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements, Project No. ST0517; and, adopt the Resolution Accepting the San Ramon Road Arterial Management, Project No. ST0217. April 2, 2019 Dublin City Council Agenda Page 3 of 5 4.5. Dublin Sports Grounds' All-Abilities Playground Public Art Agreement The City Council will consider approval of a Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC to design, fabricate and install a piece of public artwork at the new All-Abilities Playground. STAFF RECOMMENDATION: Adopt the Resolution Approving a Public Art Agreement with Barbara Grygutis Sculpture LLC for a Public Art Project at Dublin Sports Grounds All-Abilities Playground Project. (Attachment 1) 4.6. Bike to Work Day and Bike Month Proclamation During National Bike Month, a series of regional events such as Bike to Work Day are organized by Bike East Bay and numerous other agencies, including the City of Dublin, to promote bicycling as an alternative mode of transportation. STAFF RECOMMENDATION: Proclaim the month of May as “Bike Month” and May 9, 2019 as “Bike to Work Day” in the City of Dublin. 4.7. Approve JAM Service Inc., as a Sole Source Vendor for Traffic Signal, Communications and Streetlight Equipment and Cubic Trafficware as a Sole Source Vendor for Trafficware Hardware and Software The City Council will consider approving Jam Services Inc. as a sole source vendor for the purchase and maintenance of traffic signal, communications, and streetlight equipment, and will consider approving Cubic Trafficware as a sole source vendor for the purchase and maintenance of Trafficware hardware and software, including the adaptive traffic signal system "Synchrogreen". STAFF RECOMMENDATION: Adopt the Resolution Approving Jam Services Inc., as a Sole Source Vendor for the traffic signal, communications and streetlight equipment; and, adopt the Resolution Approving Cubic Trafficware as a sole source vendor for the Trafficware hardware and software including adaptive traffic signal system "Synchrogreen". 4.8. The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 - Fiscal Year 2019- 20 Project List The City Council will consider approving a list of projects funded in Fiscal Year 2019-20 by Senate Bill 1, the Road Repair and Accountability Act of 2017. STAFF RECOMMENDATION: Adopt the Resolution Approving a List of Projects Funded in Fiscal Year 2019-20 by Senate Bill 1, the Road Repair and Accountability Act of 2017. 4.9. Increase Contract Change Order Authorization for Public Safety Complex – Police Services Building (Project No. GI0116) and Dublin Boulevard Widening (Project No. ST1012) The City Council will consider increasing the contract change order authority for the City Manager in relation to two projects - the Public Safety Complex and the Dublin Boulevard Widening Project. For the Public Safety Complex, Sausal Corporation needs to make additional structural upgrades necessary to bring the building up to “essential facility” status and related improvements, as well as add project scope to replace the existing parking lot, and install a 180 kVA solar voltaic system on the police vehicle carports. For the Dublin Boulevard Widening Project, Granite Construction Company needs to repave and install video detection at the intersection of Dublin Boulevard and Dougherty Road and install street lighting along the Dublin Sports Grounds parking lot. Additionally, emergency pavement repairs on Village Parkway by Granite were made at the City's request and along with reimbursable improvements for Zayo Communications. April 2, 2019 Dublin City Council Agenda Page 4 of 5 STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Execute Contract Change Orders with Sausal Corporation, for the Public Safety Complex - Police Services Building, CIP No. GI0116; and, adopt the Resolution Authorizing the City Manager to Execute Contract Change Orders with Granite Construction Company for the Dublin Boulevard Widening Project, CIP No. ST1012. 5. WRITTEN COMMUNICATION – NONE. 6. PUBLIC HEARING 6.1. Weed and Combustible Refuse Abatement Order In accordance with Resolution 02-19 (adopted February 5, 2019), the City Council declared that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City. Notice of this declaration was posted and letters sent to those property owners with violations. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed abatement process. 7. UNFINISHED BUSINESS – NONE. 8. NEW BUSINESS 8.1. Preliminary Fiscal Year 2019-20 Budget The City Council will review the Preliminary Fiscal Year 2019-20 Budget, focusing on the General Fund. As this is the second year of the City's two-year budget, this information will supplement the budget document adopted by the City Council in May 2018. The updated Capital Improvement Program is presented under a separate item. STAFF RECOMMENDATION: Receive the report and provide direction to Staff related to the budget adoption scheduled for May 21, 2019. 8.2. 2018-2023 Five-Year Capital Improvement Program Update The City Council will receive an update of the 2018-2023 Five-Year Capital Improvement Program adopted in Fiscal Year 2018-19. STAFF RECOMMENDATION: Receive the report and provide direction to Staff for the Capital Improvement Program Update to be presented to the City Council on May 21, 2019. 8.3. Potential Citywide Ban of Expanded Polystyrene for Use as Disposable Food Serviceware At the February 19, 2019 meeting, the City Council requested that Staff provide a report regarding a potential citywide ban of expanded polystyrene for use as disposable food serviceware. STAFF RECOMMENDATION: Receive the report, discuss and provide further direction. 8.4. Tri-Valley Youth Expo Funding Request The City Council will consider a funding request of $5,000 from the organizers of the Tri- Valley Youth Expo. STAFF RECOMMENDATION: Provide Staff direction on funding request of $5,000 to Tri-Valley Youth Expo organizers. April 2, 2019 Dublin City Council Agenda Page 5 of 5 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 2 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: National Crime Victims' Rights Week Prepared by: Caroline P. Soto, City Clerk EXECUTIVE SUMMARY: The City Council will proclaim the week of April 7 - 13 as "National Crime Victims' Rights Week" in the City of Dublin, and consider adopting a Resolution Affirming the City of Dublin's Commitment to respecting and enforcing victims' rights and ad dressing their needs. STAFF RECOMMENDATION: Present the proclamation. FINANCIAL IMPACT: N/A DESCRIPTION: The City Council will proclaim the week of April 7 - 13 as "National Crime Victims' Rights Week" in the City of Dublin, and consider adopting a R esolution Affirming the City of Dublin's Commitment to respecting and enforcing victims' rights and addressing their needs. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: None. 3.1 Packet Pg. 6 Page 2 of 2 3.1 Packet Pg. 7 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Recognition of the Fallon Middle School Chess Team and International Master Christopher Yoo Prepared by: Shari Jackman, Management Analyst II EXECUTIVE SUMMARY: The City Council will recognize the Fallon Chess Team, named 2018 Middle School Co - State Champions, along with Dublin resident Christopher Yoo, who recently became the youngest International Chess Master at the age of 12. STAFF RECOMMENDATION: Present Certificates of Recognition. FINANCIAL IMPACT: N/A DESCRIPTION: At the 2018 CalChess Scholastic State Championships, the Fallon Middle School Chess Team competed against over 1,200 of the best junior players in Northern California and the Central Valley. The team had their best finish ever, being named the Co -State Champions. In chess, there are special titles awarded on the national level as well as the international level based on your chess strength, which is determined by performances in official tournaments. On the national level, the most important title is National Master, which is awarded to players who achieve a national chess rating of 2200, which is obtained by about 2 percent of tournament players nationally. Dublin resident Christopher Yoo became a National Master in November 2016, and, in doing so, became the youngest National Master in U.S. history at that time. 3.2 Packet Pg. 8 Page 2 of 2 At the international level, the major titles are Candidate Master (lowest title), FIDE Master, International Master, and then Grandmaster (highest title). The vast majority of players have no title at all. On January 7, 2019, Christopher Yoo earned the title of "International Master” or “IM,” and, in doing so, became the youngest IM in United States history at the age of 12 years, 0 months, and 19 days. Less than one -quarter of one percent of tournament players worldwide earn this title. The only higher title in chess is Grandmaster, which is Christopher’s next goal. He has until July to become the youngest Grandmaster in world history (the record is 12 years and 7 months) and excellent chances of becoming the youngest Grandmaster in American history (13 years and 10 months). To earn the title of International Master, Christopher had to obtain an international chess rating of 2400 and have very high-level performances in three separate matches against already-titled players. In achieving his third and final IM “norm” at the Bay Area International Chess Tournament earlier in January, Christopher also became the youngest player in world history to defeat what is known as a “Super GM,” which is a Grandmaster with a FIDE rating above 2700. He beat world #32 GM Le Quang Liem of Vietnam, who is rated 2714. In addition to earning the International Master title at a record age for an American, in September 2018, Christopher became the youngest California State Champion in history at the age of 11 years and 9 months, bettering the previous record holder, GM Sam Shankland, the reigning U.S. Champion, by about five years. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: None. 3.2 Packet Pg. 9 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Valley Link Update Prepared by: Christopher L. Foss, City Manager EXECUTIVE SUMMARY: The City Council will receive an update on the Valley Link project from Michael Tree, Executive Director Tri-Valley - San Joaquin Valley Regional Rail Authority. STAFF RECOMMENDATION: Receive the presentation. None. DESCRIPTION: The Tri-Valley - San Joaquin Valley Regional Rail Authority (“Authority”) was created in 2017 with the passage of Assembly Bill 758, (Baker, R-San Ramon and Assemblywoman Susan Eggman, D-Stockton). The authority’s primary purpose is to plan, develop and deliver cost-effective transit connectivity between the Bay Area Rapid Transit District's (BART) rapid transit system and the Altamont Corridor Express’ (ACE) commuter rail service. The Authority is governed by a Board of Directors appointed by its 15 member agencies, including: the Town of Danville, the cities of San Ramon, Dublin, Pleasanton, Livermore, Tracy, Manteca, Lathrop and Stockton, the Mountain House Community Services District, the counties of Alameda and San Joaquin, the Livermore Amador Valley Transit Authority (LAVTA), the San Francisco Bay Area Rapid Transit (BART) and the Altamont Corridor Express (ACE). The Authority received $10.1 million in funding from the Metropolitan Transportation Commission (MTC) Board to complete environmental work and initial design of Valley Link, a rail service being planned to connect San Joaquin Valley communities with the Dublin/Pleasanton BART Station, including connections with the ACE rail system. In July of 2018, the Authority Board adopted a preferred alternative that included a phased implementation of service, station locations, service characteristics and vehicle technology. Phase 1 of the new rail service, named “Valley Link”, will connect the existing Dublin/Pleasanton BART Station to the proposed ACE North Lathrop Station. A 3.3 Packet Pg. 10 Page 2 of 2 second phase would extend service from the North Lathrop Station to the ACE and Amtrak Stockton Station. The service is proposed to operate from 5 am to 8 pm, with service every 12 minutes between the Dublin/Pleasanton BART Station and Greenville Road during peak hours and every 24 minutes beyond Greenville to the North Lathrop Station. Trains would be scheduled to allow for convenient transfers to BART. Following environmental work and initial design, final design and construction will commence. Project const ruction is expected to take between five and seven years, meaning that the first Valley Link trains could be placed in service as early as 2024. Michael Tree, Executive Director of the Authority, will provide the City Council with a project status update and will be available to answer any questions. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not applicable. ATTACHMENTS: None. 3.3 Packet Pg. 11 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: City Council Role in Emergency Prepared by: Bonnie S. Terra, Division Chief EXECUTIVE SUMMARY: The City Council will received an overview for executives and senior officials relating to their role in an emergency. STAFF RECOMMENDATION: Receive the presentation from the Alameda County Fire Department. FINANCIAL IMPACT: None DESCRIPTION: Emergency management and preparedness best practices are a critical part of the City's Mission of ensuring the prosperity and well-being of the Dublin community. All City staff assigned to a position in the City's Emergency Operations Center (EOC) receive training for their particular section and specific function. In times of emergencies, the Dublin City Council plays a key role in emergency management including: - Review and approve Proclamations of Local Emergency; - Serve as a liaison to community organizations; - Provide special legislation and develop policy; - Consider and advise recover strategies; - Serve as a liaison to other City, County, State and/or Federal government representatives. Fire staff, will give a presentation/training to the City Counc il regarding roles and responsibilities before, during and after and emergency. 3.4 Packet Pg. 12 Page 2 of 2 STRATEGIC PLAN INITIATIVE: Strategy 2: Enhance the City's engagement efforts to better connect and inform residents of City activities and public safety matters. Strategic Objective 2d: Put greater emphasis on the disaster preparedness efforts by the City. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.4 Packet Pg. 13 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Employee Introduction: Winston Rhodes Prepared by: Caroline P. Soto, City Clerk EXECUTIVE SUMMARY: New City of Dublin Staff member, Winston Rhodes, Planning Manager, will be introduced to the City Council. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff member. FINANCIAL IMPACT: N/A DESCRIPTION: New City of Dublin Staff member, Winston Rhodes, Planning Manager for the Community Development Department, will be introduced to the City Council. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: None. 3.5 Packet Pg. 14 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of the March 19, 2019 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 March 19, 2019 Regular meeting. STAFF RECOMMENDATION: Approve the minutes of the March 19, 2019 Regular City Council meeting. FINANCIAL IMPACT: N/A DESCRIPTION: The City Council will consider approval of the minutes of the March 19, 2019 Regular City Council meeting. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Draft Minutes of the March 19, 2019 Regular City Council Meeting 4.1 Packet Pg. 15 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – MARCH 19, 2019 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING MARCH 19, 2019 Closed Session 6:30 P.M. I. 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 Paul Albritton to the City Attorney, Dated March 5, 2019 II. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: West Dublin Alliance v. City of Dublin, et al., Alameda Superior Court Case No. RG19009622 III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 941-0305-028-00 Agency negotiator: Christopher L. Foss, City Manager Negotiating parties: ASVRF Dublin Place, LP Under negotiation: Price and terms of payment 1. Call to Order and Pledge of Allegiance – The meeting was called to order at 7:15 p.m. by Mayor Haubert. The pledge of allegiance was led by the Camp Parks’ Sea Cadets; and 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 Jean Josey Councilmember Present Shawn Kumagai Councilmember Present 2. Report on Closed Session – By consensus, the City Council agreed to reconvene to Closed Session after the end of the regular business. 3. Oral Communications 3.1. Proclamation for American Red Cross Month, March 2019 The City Council presented the proclamation to Kane Wong, representative of the American Red Cross. 4.1.a Packet Pg. 16 Attachment: 1. Draft Minutes of the March 19, 2019 Regular City Council Meeting (Draft Minutes of the March 19, 2019 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING MARCH 19, 2019 3.2. Recognition of Camp Parks’ Sea Cadets Program The City Council recognized the Sea Cadets. 3.3. Presentation on Zone 7 Water Agency The City Council received the presentation. 3.4. Presentation from the Dublin Chamber of Commerce The City Council received the presentation. 3.5. Introduction of New Staff Member, Jennifer Mendez The City Council introduced new Dublin Staff member, Jennifer Mendez, Management Analyst I. 3.6. Public Comment Jeff Gebel provided public comment. 4. Consent Calendar Cm. Goel pulled Item 4.3, Cm. Kumagai pulled Item 4.6, and Mayor Haubert pulled Item 4.7 for further discussion. 4.1. Approved the minutes of the March 5, 2019 Regular City Council meeting. 4.2. Accepted the Annual Progress Report on the status of the Dublin General Plan and Housing Element compliance for calendar year 2018; and direct ed Staff to forward the Annual Progress Report to the California State Office of Planning and Research and the California Department of Housing and Community Development. 4.4. Adopted RESOLUTION NO. 15 – 19 APPROVING A PUBLIC ART INSTALLATION AND MAINTENANCE AGREEMENT FOR THE KAISER DUBLIN MEDICAL CENTER 4.5. Received the Payment Issuance Report. 4.8. Confirmed the Mayor’s recommendation of Timea Iharosi to the Herita ge & Cultural Arts Commission. 4.1.a Packet Pg. 17 Attachment: 1. Draft Minutes of the March 19, 2019 Regular City Council Meeting (Draft Minutes of the March 19, 2019 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING MARCH 19, 2019 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Shawn Kumagai, Councilmember SECOND: Melissa Hernandez, Vice Mayor AYES: Josey, Kumagai, Goel, Haubert, Hernandez 4.3. Approved the proposed operation schedule for The Wave. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Arun Goel, Councilmember SECOND: David Haubert, Mayor AYES: Josey, Kumagai, Goel, Haubert, Hernandez 4.6. Adopted RESOLUTION NO. 16 – 19 APPROVING SUPPORT FOR THE TRI-VALLEY CITIES HOUSING AND POLICY FRAMEWORK AS A SUPPLEMENT TO THE TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK ON HOUSING MATTERS RESULT: ADOPTED [UNANIMOUS] MOVED BY: Shawn Kumagai, Councilmember SECOND: Jean Josey, Councilmember AYES: Josey, Kumagai, Goel, Haubert, Hernandez 4.7. Adopted RESOLUTION NO. 17 – 19 APPROVING THE UPDATE OF THE DUBLIN CITY COUNCIL NORMS RESULT: ADOPTED [UNANIMOUS] MOVED BY: Arun Goel, Councilmember SECOND: Melissa Hernandez, Vice Mayor AYES: Josey, Kumagai, Goel, Haubert, Hernandez 5. Written Communication – None. 6. Public Hearing – None. 4.1.a Packet Pg. 18 Attachment: 1. Draft Minutes of the March 19, 2019 Regular City Council Meeting (Draft Minutes of the March 19, 2019 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING MARCH 19, 2019 7. Unfinished Business 7.1. Informational Report on the Regional Housing Needs Allocation The City Council received the report. 8. New Business 8.1. Fiscal Year 2018-19 2nd Quarter Financial Review The City Council received the report and approved the budget change. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Jean Josey, Councilmember SECOND: Arun Goel, Councilmember AYES: Josey, Kumagai, Goel, Haubert, Hernandez 8.2. Report to City Council on Alternate Commissioner Model The City Council directed Staff to bring back an item that amends current bylaws in order to use alternates for the City’s commissions and committees as follows: The Planning Commission, Human Services Commission, Parks & Community Services Commission, and Senior Center Advisory Committee will add two alternates. The Heritage & Cultural Arts will add one alternate. The Youth Advisory Committee will not add any additional alternates. Alternate 1 will be refereed as A1 and Alternate to will be referred as A2. Alternates are allowed to play an active role in commissions/committees but are not allowed to vote; A1 fills in as voting member if a regular member is missing; if two regular members are missing, then A1 and A2 would sit in as voting members. Alternates have ability to be considered for a commission/committee without applying for a vacated seat. Alternates would not automatically succeed a vacant seat but given preference to A1 then A2. Alternates will serve two-year terms and the terms will not count against regular member term limits. The first set of term limits will expire in December 2020. Alternates are subject to the same attendance policy as regular members. Alternates will receive comparable compensation to regular members. 4.1.a Packet Pg. 19 Attachment: 1. Draft Minutes of the March 19, 2019 Regular City Council Meeting (Draft Minutes of the March 19, 2019 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 5 REGULAR MEETING MARCH 19, 2019 Staff will provide a report to the City Council, which will review the amendments to the bylaws one year after its implementation. RESULT: ADOPTED [3 – 2] MOVED BY: David Haubert, Mayor SECOND: Shawn Kumagai, Councilmember AYES: Kumagai, Haubert, Hernandez NOES: Josey, Goel 8.3. Designation of Two City Councilmembers as City Representatives to Discuss Compensation with City Attorney The City Council appointed Cm. Kumagai and Vice Mayor Hernandez to serve as the City’s representatives to discuss terms of the City Attorney’s contract, including compensation, with the City Attorney. RESULT: ADOPTED [UNANIMOUS] MOVED BY: David Haubert, Mayor SECOND: Jean Josey, Councilmember AYES: Josey, Kumagai, Goel, Haubert, Hernandez 8.4. Designation of Agency Labor Negotiators, Unrepresented Employee: City Manager The City Council appointed Cm. Josey and Cm. Goel as representatives to discuss conditions of employment for the City Manager. RESULT: ADOPTED [UNANIMOUS] MOVED BY: David Haubert, Mayor SECOND: Jean Josey, Councilmember AYES: Josey, Kumagai, Goel, Haubert, Hernandez 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). By consensus, the City Council asked Staff to look into bringing back an update on the effectiveness of license plate readers. 4.1.a Packet Pg. 20 Attachment: 1. Draft Minutes of the March 19, 2019 Regular City Council Meeting (Draft Minutes of the March 19, 2019 Regular Meeting) DUBLIN CITY COUNCIL MINUTES 6 REGULAR MEETING MARCH 19, 2019 By consensus, the City Council requested Staff to renew the proclamation, which states that the City of Dublin is no place for hate and honors people of all faiths, religions, race, and sexual orientation. By consensus, the City Council requested Staff to ask the Dublin Unified School District Liaison Committee to have a community conversation with the local residents who are trying to eliminating racism and prejudice in the community. 10:34 p.m. The City Council reconvened to Closed Session. 11:14 p.m. Report on Closed Session The Mayor stated there was no reportable action out of Closed Session. 10. Adjournment The meeting was adjourned at 11:14 p.m. in the memory of Mike Porto; and in honor of Staff Sgt. Sean Diamond and all of our fallen troops. Mayor ATTEST: ___________________________ City Clerk 4.1.a Packet Pg. 21 Attachment: 1. Draft Minutes of the March 19, 2019 Regular City Council Meeting (Draft Minutes of the March 19, 2019 Regular Meeting) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Notice of City Engineer’s Pending Decision on Improvement Agreement Amendments for Tracts 7716 and 8171, and Receipt of Tract 8373 Final Map for Review Prepared by: Laurie Sucgang, City Engineer EXECUTIVE SUMMARY: The City Council will receive a notification of the City Engineer’s pending approval of the Improvement Agreement Amendment for Tract 7716, Wallis Ranch Neighborhood 6, and Tract 8171, Dublin Ranch Subarea 3 Phase One, and receive a notification of the City Engineer’s receipt of the Final Map for review for Tract 8373, Boulevard Neighborhood 24. STAFF RECOMMENDATION: Receive the notification. FINANCIAL IMPACT: There is no impact on the General Fund. DESCRIPTION: KB Home South Bay Inc., a California Corporation (KB Home), and the City previously entered into a Tract Improvement Agreement for Tract 7716, Neighborhood 6 at Wallis Ranch, dated May 3, 2016. KB Home has signed a First Amendment to the Tract Improvement Agreement extending the completion time by 20 months, for a new completion date of December 31, 2019. Staff has reviewed the request for an extension submitted by KB Home and recommends that the City Engineer approve the First Amendment to the Tract Improvement Agreement. Lennar Homes of California, Inc., a California Corporation (Lennar), and the City previously entered into a Tract Improvement Agreement for Tract 8171, Dubl in Ranch Subarea 3, Phase One, dated June 16, 2015, a First Amendment to the Tract Improvement Agreement, dated March 15, 2016, and a Second Amendment to the Tract Improvement Agreement, dated June 20, 2018. Lennar has signed a Third 4.2 Packet Pg. 22 Page 2 of 2 Amendment to the Tract Improvement Agreement extending the completion time by eight months, for a new completion date of November 30, 2019. Staff has reviewed the request for an extension submitted by Lennar and recommends that the City Engineer approve the Third Amendment to the Tract Improvement Agreement. In accordance with Chapters 9.24.070.B and 9.24.080 of the City of Dublin Municipal Code, this is notice of the City Engineer’s pending approval of the following: Tract Location Developer Type Amendment 7716 Wallis Ranch, Neighborhood 6 KB Home South Bay Inc. Amendment No. 1 Extension of Time Period 8171 Dublin Ranch Subarea 3, Phase One Lennar Homes of California, Inc. Amendment No. 3 Extension of Time Period The Boulevard Development (formerly Dublin Crossing) is located along Dublin Boulevard, between Scarlett Drive and Arnold Road. The development is being subdivided into several neighborhoods. The developer has prepared the Tract 8373 Final Map for Neighborhood 24 and has submitted it for review by Staff. In ac cordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is a notice of the following: ☒ City Engineer’s receipt of the following Final Map for review: Tract Location Developer Number of Units/Lots Type 8373 Boulevard, Neighborhood 24 Lennar 100 Lots Single Family Residential STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. First Amendment to Tract Improvement Agreement Tract 7716 2. Tract Improvement Agreement for Tract 7716 3. Third Amendment to Tract Improvement Agreement for Tract 8171 4. Second Amendment to Tract Improvement Agreeent for Tract 8171 5. First Amendment to Tract Improvement Agreement for Tract 8171 6. Tract Improvement Agreement for Tract 8171 4.2 Packet Pg. 23 4.2.aPacket Pg. 24Attachment: 1. First Amendment to Tract Improvement Agreement Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final 4.2.aPacket Pg. 25Attachment: 1. First Amendment to Tract Improvement Agreement Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final 4.2.b Packet Pg. 26 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 27 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 28 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 29 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 30 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 31 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 32 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 33 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 34 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 35 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 36 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 37 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 38 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 39 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.b Packet Pg. 40 Attachment: 2. Tract Improvement Agreement for Tract 7716 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.cPacket Pg. 41Attachment: 3. Third Amendment to Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of 4.2.cPacket Pg. 42Attachment: 3. Third Amendment to Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of 4.2.d Packet Pg. 43 Attachment: 4. Second Amendment to Tract Improvement Agreeent for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of 4.2.d Packet Pg. 44 Attachment: 4. Second Amendment to Tract Improvement Agreeent for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of 4.2.e Packet Pg. 45 Attachment: 5. First Amendment to Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of 4.2.e Packet Pg. 46 Attachment: 5. First Amendment to Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of 4.2.e Packet Pg. 47 Attachment: 5. First Amendment to Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of 4.2.f Packet Pg. 48 Attachment: 6. Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.f Packet Pg. 49 Attachment: 6. Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.f Packet Pg. 50 Attachment: 6. Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.f Packet Pg. 51 Attachment: 6. Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.f Packet Pg. 52 Attachment: 6. Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.f Packet Pg. 53 Attachment: 6. Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.f Packet Pg. 54 Attachment: 6. Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.f Packet Pg. 55 Attachment: 6. Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.f Packet Pg. 56 Attachment: 6. Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) 4.2.f Packet Pg. 57 Attachment: 6. Tract Improvement Agreement for Tract 8171 (Notice of City Engineer’s Pending Decision and Receipt of Final Map for Review) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Park Art Selection Panels Prepared by: Tegan McLane, Cultural Arts and Heritage Manager EXECUTIVE SUMMARY: The City Council will consider approval of the Park Art Selection Panel members. STAFF RECOMMENDATION: Approve the proposed Park Art Selection panelists. FINANCIAL IMPACT: Funding for all public art projects below is included in the adopte d Five-Year Capital Improvement Program. The funding source for all projects is the Public Art Fund. DESCRIPTION: Public Art Selection Committees for park projects normally consist of five primary members -- one member each from the Heritage and Cultural Arts Commission and Parks and Community Services Commission and three Dublin residents, who have volunteered to serve on public art selection committees. When selecting the resident volunteers, Staff first considers the applications of volunteers who live nearest the park or represent a user group most likely to be affected (i.e. dog owners, for the Dog Park Art Project). Consideration is also given toward assembling as diverse a committee as possible, with different ages, genders and ethnicities represented. Alternates for each member are also identified in case the primary member is unable to attend. For all art projects, Staff anticipate the time commitment to be limited to two meetings arranged approximately eight weeks apart. Meetings are schedule d at the mutual convenience of the Art Selection Committee members and usually take place in the 4.3 Packet Pg. 58 Page 2 of 3 evening. Each meeting is expected to last no more than three hours. The projects and proposed committee members are: Jordan Ranch Park Jordan Ranch Park opened last winter. The project planned is a tiled seat wall to be located near the playground. A professional artist will design and lead a community project that will likely provide children an opportunity to help create tiles. Proposed committee members are: · Heritage and Cultural Arts Commissioner Robert Bennett (alternate: Kit Lau) · Parks and Community Services Commissioner Kristin Speck (alternate: Joe Washington) · Neighborhood resident/ Art in Action volunteer Neelima Thambala (alternate: Dipti Mallik) · Neighborhood resident/art hobbyist Felicia Wong (alternate: Evelyn Zhang) · Neighborhood resident/interior designer Mansi Tuli (alternate: Sangeetha Nagaraj) Clover Park Clover Park is under construction. This is proposed as artwork to be located at the point where the bicycle trail enters the park, overlooking the riparian corridor and visible from Sunrise Park, located on the hill above. Proposed committee members are: · Heritage and Cultural Arts Commissioner Robert Bennett (alternate: Kathy Blackburn) · Parks and Community Services Commissioner Sameer Hakim (alternate: Kristin Speck) · Neighborhood resident/gallery director Evelyn Zhang (alternate: Felicia Wong) · Neighborhood resident/gallery owner Sawsan Wolski (alternate: Catheryn Grier) · Former Heritage and Cultural Arts Commissioner/cycling advocate Rita Szollos (alternate: Leonie Meima) Sean Diamond Park Sean Diamond Park opened last spring. This is proposed as focal artwork in the central seating area. Proposed committee members are: · Heritage and Cultural Arts Commissioner Kathy Blackburn (alternate: Gina Gabrielle) · Parks and Community Services Commissioner Michelle Smith-McDonald (alternate: Matthew Giller) · Neighborhood resident/interior designer Mansi Tuli (alterna te: Namrata Berry) · Neighborhood resident/Art in Action volunteer Jyoti Pitre (alternate: Shweta Agrawal) 4.3 Packet Pg. 59 Page 3 of 3 · Former Heritage and Cultural Arts Commissioner Tejas Peesapati (alternate: Hannah Xu) Dougherty Hills Dog Park This is replacement art for pieces that were deaccessioned in 2017. Proposed committee members are: · Heritage and Cultural Arts Commissioner Gina Gabrielle (alternate: Sammy Jo Rudy) · Parks and Community Services Commissioner Matthew Giller (alternate: Sameer Hakim) · Former Heritage and Cultural Arts Commissioner/member of original dog park selection committee Georgean VonHeeder-Leopold (alternate: Leonie Meima) · Resident/artist/dog owner Maria Duffey (alternate: Sangeetha Nagaraj) · Resident/artist/dog owner Julia Tomtania (alternate: Erica Reed) Tassajara Park Tassajara Park is under construction. This is proposed as a mural on staircase façade and side rails for the staircase leading from the park to the street above. Proposed committee members are: · Heritage and Cultural Arts Commissioner Steve Minniear (alternate: Kit Lau) · Parks and Community Services Commissioner Joe Washington (alternate: Michelle Smith-McDonald) · Former Heritage and Cultural Arts Commissioner Dayna Tutino (alternate: Erica Reed) · Resident/art enthusiast Dipti Mallik (alternate: Neelima Thambala) · Resident/community volunteer Catheryn Grier (alternate: Sawsan Wolski) STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: Proposed committee members and alternates were notified of this meeting. ATTACHMENTS: None. 4.3 Packet Pg. 60 Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Acceptance of Work – Project No. ST0517, Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements, and Project No. ST0217, San Ramon Road Arterial Management Prepared by: Sai Midididddi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY: The City Council will consider the acceptance of t he Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements, Project No. ST0517, and San Ramon Road Arterial Management, Project No. ST0217. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements, Project No. ST0517; and, adopt the Resolution Accepting the San Ramon Road Arterial Management, Project No. ST0217. FINANCIAL IMPACT: Citywide Bicycle and Pedestrian Improvements (CIP ST0517) Funding Sources General Fund (Fund 1001) $324,000.00 TDA Article 3 (Fund 2203) $210,000.00 ACTC Measure B - Local Streets (Fund 2204) $360,000.00 ACTC Measure B - Bike and Pedestrian (Fund 2205) $78,100.00 Measure BB - Local Streets (Fund 2214) $333,600.00 Measure BB - Bike and Pedestrian (Fund 2215) $145,780.00 Total Funding Sources $1,451,480.00 4.4 Packet Pg. 61 Page 2 of 4 Actual Expenditures - Dublin Blvd and Donlon Way Intersection Pedestrian Improvements Construction Contract $107,380.04 Change Order #1 ($470.37) City-Furnished Equipment $30,808.50 Contract Services, Design, Salary & Testing $69,848.05 Subtotal $207,556.22 Actual Expenditures - Other Projects Included in CIP ST0517 Alamo Creek Trail Project Geotech Study $10,237.40 San Ramon Road Bicycle Trail Overlay $465,484.72 Safe Routes to School $10,950.00 Subtotal $486,672.12 Total Expenditures $694,228.34 Remaining Balance in CIP ST0517 $757,251.66 The Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements Project is now complete, and upon City Council’s acceptance of the project, the remaining budget will be retained within CIP ST0517 for future use on Citywide Bicycle and Pedestrian Improvements. San Ramon Road Arterial Management (CIP ST0217) Funding Sources State Gas Tax (Fund 2201) $521,128.00 Transportation Fund for Clean Air Grant (Fund 2207) $146,352.00 Total Funding Sources $667,480.00 Actual Expenditures Construction Contract $403,736.00 Change Order #1 $38,534.04 City-Furnished Equipment $48,429.00 Contract Services, Design, Salary & Testing $67,876.84 Total Expenditures $558,575.88 Remaining Project Balance $108,904.12 The remaining project budget will be returned to fund balances after the final project closeout expenses are cleared. DESCRIPTION: Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements On May 1, 2018, the City Council awarded a contract to Columbia Electric, Inc., in the amount of $107,380.04 for “Dublin Boulevard and Donlon Way Intersection Pedestrian 4.4 Packet Pg. 62 Page 3 of 4 Improvements”. These improvements were part of Citywide Bicycle and Pedestrian Improvements CIP No. ST0517. The work included the instal lation of a pedestrian warning light system which can be activated by pressing a push button on either side of the street. A new street light was also installed for added illumination of the crosswalk at night. Other improvements included extension of the existing concrete median to the crosswalk which decreased the allowable vehicle turning radius, which slows down left turning vehicles. The project also installed new roadway signing and striping. The project had one deductive change order, the final balancing change order, which decreased the construction contract by $470.37. The change order represents a final balancing of construction quantities. Staff has determined that the project is complete and recommends that the City Council accept the project and begin the warranty period for the Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements. The remaining budget of $757,241.66 will be retained with in CIP ST0517 for future use on other Citywide Bicycle and Pedestrian Improvements. San Ramon Road Arterial Management On April 17, 2018, the City Council awarded a contract to W. Bradley Electric, Inc., in the amount of $403,736.00 for the San Ramon Road Arterial Management , CIP No. ST0217. The work included the installation of internally illuminated street name signs to improve motorist guidance, bicycle presence detection equipment to ensure bicyclists can trigger green lights, a traffic monitoring camera to allow Staff to monitor traffic flow, and an upgrade of the existing communication network from copper wire to fiber optic wire to improve traffic system bandwidth. The project limits are San Ramon Road from Dublin Boulevard to Vomac Road. The project had one additive change order, the final balancing change order, which increased the construction contract by $38,534.04. The change order included additional fiber optic cable and associated improvements, including field relocation of microwave radar at the Amador Valley Boulevard intersection to improve bicycle detection. Staff has determined that the project is complete and recommends that the City Council accept the project and begin the warranty period for the San Ramon Road Arterial Management Project. The remaining budget of approximately $108,904 will be returned to fund balances after the final project closeout expenses are cleared. STRATEGIC PLAN INITIATIVE: Strategy 3: Pursue efforts to help strengthen the City's infrastructure and technology. Strategic Objective 3b: Continue to embrace technology to improve traffic street and engineering infrastructure. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. 4.4 Packet Pg. 63 Page 4 of 4 ATTACHMENTS: 1. Resolution Accepting the Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements Project, CIP ST0517 2. Resolution Accepting the San Ramon Road Arterial Management Project, CIP ST0217 3. CIP ST0517 and CIP ST0217 4.4 Packet Pg. 64 RESOLUTION NO. - 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ACCEPTING THE CITYWIDE BICYCLE AND PEDESTRIAN IMPROVEMENTS - DUBLIN BOULEVARD AND DONLON WAY INTERSECTION PEDESTRIAN IMPROVEMENTS PROJECT, CIP ST0517 WHEREAS, on May 1, 2018, the City of Dublin entered into a contract with Columbia Electric, Inc. to perform Project No. ST0517, Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements; and, WHEREAS, said improvements have been completed in accordance with plans and specification, and any approved modifications thereof, to the satisfaction of the City Engineer of the City of Dublin. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the improvements, Project No. ST0517, Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements and authorize Staff to file a Notice of Completion wit h Alameda County. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or his designee to release the retention, if after 35 days of filing the Notice of Completion there are no subcontractor claims. PASSED, APPROVED AND ADOPTED this 2nd day of April 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _____________________________ City Clerk 4.4.a Packet Pg. 65 Attachment: 1. Resolution Accepting the Citywide Bicycle and Pedestrian Improvements - Dublin Boulevard and Donlon Way Intersection RESOLUTION NO. - 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ACCEPTING THE SAN RAMON ROAD ARTERIAL MANAGEMENT PROJECT, CIP ST0217 WHEREAS, on April 17, 2018, the City of Dublin entered into a contract with Columbia Electric, Inc. to perform Project No. ST0217, San Ramon Road Arterial Management Project; and WHEREAS, said improvements have been completed in accordance with plans and specification, and any approved modifications thereof, to the satisfactio n of the City Engineer of the City of Dublin. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the improvements, Project No. ST0217, San Ramon Road Arterial Management Project and authorize Staff to file a Notice of Completion with the Alameda County. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or his designee to release the retention, if after 35 days of filing the Notice of Completion there are no subcontractor claims. PASSED, APPROVED AND ADOPTED this 2nd day of April 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _____________________________ City Clerk 4.4.b Packet Pg. 66 Attachment: 2. Resolution Accepting the San Ramon Road Arterial Management Project, CIP ST0217 (Acceptance of Work - CIP Project No. Streets City of Dublin Capital Improvement Program 2018-2023 Page 58 Number – ST0517 CITYWIDE BICYCLE AND PEDESTRIAN IMPROVEMENTS Program – STREETS PROJECT DESCRIPTION This project includes improvements to various pedestrian and bicycle facilities throughout the City. This project replaces former projects that provided funding for Americans with Disabilities Act (ADA) Transition Plan improvements and Citywide Sidewalk Repair improvements. In addition to the scope of those previous projects, this project includes design and construction of improvements recommended in the City of Dublin Bicycle and Pedestrian Master Plan, the ADA Transition Plan, and the Class 1 Facilities Maintenance Plan. In Fiscal Year 2017-2018, work began on the update to the ADA Transition Plan. The plan update will include a review of City building, parks, and rights-of-way. The ADA Transition Plan update will be funded by General Fund. In Fiscal Year 2018-2019, available budget from ST0517 Citywide Bicycle and Pedestrian Improvements will be used to fund a new Capital Improvement Program project, STNEW2 - Alamo Creek Trail Repair. Also, in Fiscal Year 2018-2019, update of the City of Dublin Bicycle and Pedestrian Master Plan will begin. The City will be receiving $210,000 from the Transportation Development Act (TDA) Article III funding for the Bicycle and Pedestrian Master Plan update. ANNUAL OPERATING IMPACT: None MANAGING DEPARTMENT: Public Works 2018-2023 CAPITAL IMPROVEMENT PROGRAM ESTIMATED COSTS PRIOR YEARS 2017-2018 BUDGET2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 FUTURE YEARS TOTALS 9100 - Salaries & Benefits $1,592 $56,988 $22,180 $23,270 $23,270 $23,270 $23,270 $173,840 9200 - Contract Services $9,857 $195,143$245,000 $30,000 $30,000 $30,000 $30,000 $570,000 9400 - Improvements $717,700 $167,300 $368,000 $368,000 $368,000 $368,000 $2,357,000 9500 - Miscellaneous $241 $29,959 $5,520 $9,730 $9,730 $9,730 $9,730 $74,640 TOTAL $11,691 $999,789$440,000$431,000$431,000 $431,000$431,000$3,175,480   4.4.cPacket Pg. 67Attachment: 3. CIP ST0517 and CIP ST0217 (Acceptance of Work - CIP Project No. ST0517 & ST0217) Streets City of Dublin Capital Improvement Program 2018-2023 Page 59    FUNDING SOURCE PRIOR YEARS 2017-2018 BUDGET2018-20192019-2020 2020-2021 2021-20222022-2023 FUTURE YEARS TOTALS 1001 - General Fund $216,000 $108,000 $108,000 $108,000 $108,000 $108,000 $756,000 2204 - Measure B Sales Tax - Local Streets Fund (ACTC) $11,691 $348,309 $180,000 $180,000 $180,000 $180,000 $1,080,000 2205 - Measure B Sales Tax - Bike & Pedestrian Fund (ACTC) $56,100 $22,000 $23,000 $23,000 $23,000 $23,000 $170,100 2214 - Measure BB Sales Tax - Local Streets Fund (ACTC) $233,600 $100,000 $100,000 $100,000 $100,000 $100,000 $733,600 2215 - Measure BB Sales Tax - Bike & Pedestrian Fund (ACTC) $145,780 $20,000 $20,000 $20,000 $20,000 $225,780 2203 - Transportation Development Act $210,000 $210,000 TOTAL $11,691$999,789$440,000$431,000$431,000 $431,000$431,000$3,175,480 ANNUAL OPERATING IMPACT 4.4.cPacket Pg. 68Attachment: 3. CIP ST0517 and CIP ST0217 (Acceptance of Work - CIP Project No. ST0517 & ST0217) Streets City of Dublin Capital Improvement Program 2018-2023 Page 70 Number – ST0217 SAN RAMON ROAD ARTERIAL MANAGEMENT Program – STREETS PROJECT DESCRIPTION This project will implement traffic signal coordination and transit prioritization improvements along San Ramon Road from I-580 on-ramps to Vomac Road, including signal coordination for five traffic signals, upgrade of intersection communications infrastructure, update of five traffic signal controllers, and transit prioritization for three intersections along the corridor. The project will be completed by fall 2018. ANNUAL OPERATING IMPACT: None MANAGING DEPARTMENT: Public Works 2018-2023 CAPITAL IMPROVEMENT PROGRAM ESTIMATED COSTS PRIOR YEARS 2017-2018 BUDGET2018-20192019-20202020-2021 2021-20222022-2023 FUTURE YEARS TOTALS 9100 - Salaries & Benefits $252 $17,228 $17,480 9200 - Contract Services $19,500 $15,500 $35,000 9400 - Improvements $612,000 $612,000 9500 - Miscellaneous $3,000 $3,000 TOTAL $19,752 $647,728 $667,480 FUNDING SOURCE PRIOR YEARS 2017-2018 BUDGET2018-2019 2019-20202020-2021 2021-2022 2022-2023 FUTURE YEARS TOTALS 2201 - State Gas Tax $521,128 $521,128 2207 - TFCA/Transportation for Clean Air $19,752 $126,600 $146,352 TOTAL $19,752 $647,728 $667,480 ANNUAL OPERATING IMPACT 4.4.cPacket Pg. 69Attachment: 3. CIP ST0517 and CIP ST0217 (Acceptance of Work - CIP Project No. ST0517 & ST0217) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Dublin Sports Grounds' All-Abilities Playground Public Art Agreement Prepared by: Tegan McLane, Cultural Arts and Heritage Manager EXECUTIVE SUMMARY: The City Council will consider approval of a Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC to design, fabricate and install a piece of public artwork at the new All-Abilities Playground. STAFF RECOMMENDATION: Adopt the Resolution Approving a Public Art Agreement with Barbara Grygutis Sculpture LLC for a Public Art Project at Dublin Sports Grounds All -Abilities Playground Project. (Attachment 1) FINANCIAL IMPACT: The Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC is in the amount of $330,000 for design, fabrication, and installation of the artwork. At its February 19, 2019 regular meeting, the City Council approved funding from the Public Art Fund for this project. No general fund dollars are being expended on the project. DESCRIPTION: On February 19, 2019, the City Council unanimously approved the proposed artwork by artist Barbara Grygutis. Staff has negotiated a Public Artwork Agreement with the Artist for design, fabrication and installation of the artwork. Ms. Grygutis's design, titled “Conversation,” features two human heads that appear to be engaged in conversation. The piece highlights the human ability to transcend differences and find common ground through talking with each other. The heads are deliberately designed without gender, age or ethnicity. They stand 22' and 17’ tall respectively and are made of aluminum. Both are lit from within by green LED lights at night. The heads sit on a pathway and have a minimum 60” open passageway through which the viewer can walk or wheel. Laser cut stainless steel words reflecting Dublin's diversity will be embedded in the walkway. 4.5 Packet Pg. 70 Page 2 of 2 The attached Resolution includes the Agreement (Attachment 2), which reflects the scope of services and schedule for completion. Installation of the artwork is currently planned for January 2020, prior to the expected completion of the All -Abilities Playground. Staff has negotiated these deadlines in consultation with the builder. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: The Artist was notified that this item is on the agenda. ATTACHMENTS: 1. Resolution Approving a Public Art Agreement with Barbara Grygutis Sculpture LL C for Public Art Project at Dublin Sports Ground All-Abilities Playground 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC 4.5 Packet Pg. 71 ATTACHMENT 1 RESOLUTION NO. XX - 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A PUBLIC ART AGREEMENT WITH BARBARA GRYGUTIS SCULPTURE LLC FOR A PUBLIC ART PROJECT AT DUBLIN SPORTS GROUNDS ALL-ABILITIES PLAYGROUND PROJECT WHEREAS, the 2018-2023 Capital Improvement Program includes a project to design, fabricate and install permanent public art at Dublin Sports Grounds, in conjunction with the all- abilities playground; and WHEREAS Artist Barbara Grygutis was one of fourteen (14) public artists prequalified in August 2017 to create monumental sculptures for City of Dublin and was a finalist in the Public Safety Complex public art process; and WHEREAS Barbara Grygutis was invited to modify her design proposal submitted for the Public Safety Complex and participate with park designers Gates and Associates in a public outreach workshop on January 12, 2019; and WHEREAS, the public art proposal by Barbara Grygutis received positive feedback from the public and was subsequently recommended by the Heritage and Cultural Arts Commission and Parks and Community Services Commission and approved by the City Council; and WHEREAS, Barbara Grygutis has demonstrated ability and availability to perform said services; and WHEREAS, Barbara Grygutis contracts her artistic services through her company, Barbara Grygutis Sculpture, LLC; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the Agreement with Barbara Grygutis Sculpture, LLC, attached as Exhibit A, and authorizes the City Manager to exe cute the Agreement and make any other minor modifications as necessary to carry out the intent of this Resolution . PASSED, APPROVED AND ADOPTED this 2nd day of April, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: 4.5.a Packet Pg. 72 Attachment: 1. Resolution Approving a Public Art Agreement with Barbara Grygutis Sculpture LLC for Public Art Project at Dublin Sports ATTACHMENT 1 _________________________________ City Clerk 4.5.a Packet Pg. 73 Attachment: 1. Resolution Approving a Public Art Agreement with Barbara Grygutis Sculpture LLC for Public Art Project at Dublin Sports Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 1 of 18 PUBLIC ART AGREEMENT BETWEEN THE CITY OF DUBLIN AND BARBARA GRYGUTIS SCULPTURE LLC THIS AGREEMENT is made by and between the City of Dublin (“City”) and Barbara Grygutis Sculpture LLC (“Artist”) as of February 19, 2019, 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 February 19, 2019, 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 Dublin Sports Grounds All-Abilities Playground. 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. Artist 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 Artist’s profession. 1.3 Assignment of Personnel. Artist shall assign only competent personnel to perform services pursuant to this Agreement. 4.5.b Packet Pg. 74 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 2 of 18 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 public art sculpture titled “Conversation” for the Dublin Sports Grounds All-Abilities Playground 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 [intentionally deleted] 2.4. [intentionally deleted] 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 $330,000.00 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 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; 4.5.b Packet Pg. 75 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 3 of 18  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. 3.5 Authorization to Perform Services. The Artist 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 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. City shall make available to Artist only the facilities and equipment listed in Exhibit B, and only under the terms and conditions set forth herein. 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 $330,000. The Artist shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in his/her Work. 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. 4.5.b Packet Pg. 76 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 4 of 18 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 reasonably resulting, directly or indirectly, from delays in performance caused by Artist's intentional or negligent 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. 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: Katie McCann Studio Manager Barbara Grygutis Sculpture LLC PO Box 3028 Tucson AZ 85702 katie@barbaragrygutis.com 520-302-1474 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, pursuant to paragraph 7.2 below, it shall provide written notice to Artist of the reason for withholding approval and provide Artist with an opportunity to cure within a reasonable time frame in consultation with Artist. 4.5.b Packet Pg. 77 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 5 of 18 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. Unless otherwise agreed by the parties, the Artist shall have thirty (30) 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 exact image, design, dimensions and materials as the Artwork. It is understood and agreed that Artist has created and may create similar artworks as part of a series. 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 any Artist employee, agent or assigned personnel is convicted of any crime or offense, guilty of serious misconduct or fails or refuses to comply with the written policies or reasonable directive of the City in the connection performance hereunder, Artist agrees to reassign or terminate said individual within three (3) days of written notice by City. 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. 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. 4.5.b Packet Pg. 78 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 6 of 18 8.6 Warranty of Acceptable Standard of Display and Operation. Artist represents and warrants that: 8.6.1 Occasional 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 Reasonably 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. 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 The City shall make its best effort to ensure that all maintenance and repairs to works of art are accomplished in accordance with any maintenance and repair instructions the artist has provided to the City at the time of accession, and that all such maintenance and repairs adhere to the highest professional standards of artwork conservation. However, 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. City agrees to consult with Artist in good faith in writing in advance of making any decision to destroy or de-access the Work and as further set forth below in 9.5 and paragraph 10. 4.5.b Packet Pg. 79 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 7 of 18 9.5 The anticipated life span of the Artwork is 100 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’s estate 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 right to alter the Artwork in City’s sole judgment, after good faith consultation with Artist as further set forth herein. 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 sixty (60) 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 thirty (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, 4.5.b Packet Pg. 80 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 8 of 18 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 contact artist first and negotiate 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 art 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. Section 11. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS 4.5.b Packet Pg. 81 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 9 of 18 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, a 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, provided Artist approves any design elements made by the City and is given appropriate attribution as provided herein. 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 first to maintain the Work and thereafter to support City’s Public Art Collection. 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. If the City has actual knowledge of third party infringement of Artist’s copyright, it will notify Artist when reasonable. 11.4. Credit. In connection with all use, display and sale of the Work or in reproductions in merchandise by the City under this paragraph 11, each shall contain a credit to the Artist and a copyright notice substantially in the following form: “Barbara Grygutis (c) 2019” 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. 4.5.b Packet Pg. 82 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 10 of 18 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. Artist shall be reasonably available to attend any inauguration or presentation ceremonies relating to the public dedication of the Artwork. 11.6 Trademark. [intentionally deleted] 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 physical 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. 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 in good faith 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. Physical possession and ownership of Artist’s Original 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. It is expressly understood that Artist shall retain the copyrights in said documents and 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 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. 4.5.b Packet Pg. 83 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 11 of 18 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. 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. 4.5.b Packet Pg. 84 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 12 of 18 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. 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;  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 4.5.b Packet Pg. 85 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 13 of 18 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. 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. 4.5.b Packet Pg. 86 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 14 of 18 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. 16.6 Prevailing Wage. Artist shall comply with any applicable state and local laws regarding payment of prevailing wage for Public Works projects. Section 17. TERMINATION AND MODIFICATION. 17.1 Termination. City may cancel this Agreement in the event of a material breach by Artist, upon thirty (30) days written notification to Artist and shall include in such notice the basis of such material breach, and provide Artist with an opportunity to cure, if curable, upon good faith consultation between the parties within thirty days (30), unless otherwise agreed in writing by the parties. Artist may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation and provide the City with an opportunity to cure, if curable, upon good faith consultation between the parties. 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. 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 City shall have no obligation to reimburse Artist for any otherwise reimbursable expenses incurred during the extension period. Notwithstanding the foregoing, if City is responsible for the delay requiring an extension longer than three (3) months, such reimbursements will be paid to Artist. 4.5.b Packet Pg. 87 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 15 of 18 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, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 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 Terminate the Agreement upon thirty (30) days written notice to Artist setting forth the reasons for termination and providing an opportunity for Artist to cure any claimed breach within an appropriate time period, to be agreed upon by the parties in good faith consultation, and all as set forth above in 17.1. 17.6.2 The City may have the Work completed by Artist’s fabricator, and in such event, the City may retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Artist pursuant to this Agreement; If the City does not complete or intend to complete the Work, then all of said plans, specifications, etc. shall be returned to Artist promptly. 17.6.3 Have the Artist’s fabricator complete the work described in Exhibit A not finished by Artist in coordination with Artist; 17.6.4 Pursue any other remedy in law or equity. 17.6.5. Material breach shall mean violation of provisions of the Agreement that go to the heart of the intention of the parties for the Artist to create the Work commissioned by the City, including a breach of any express warranty.. 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 ten (10 )days 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. 4.5.b Packet Pg. 88 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 16 of 18 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 condition of this Agreement. Reports may be sent via email with electronic images in jpeg format. 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, unless otherwise agreed upon by the City, the Artist’s visit shall last for at least a full 8 hour day. 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, except that the Artist shall retain copyright therein. Artist hereby agrees to deliver copies of those documents to the City upon termination of the Agreement if the City so requests. 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 4.5.b Packet Pg. 89 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 17 of 18 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. 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: Barbara Grygutis Barbara Grygutis Sculpture LLC P.O. Box 3028 Tucson, AZ 85702 barbara@barbaragrygutis.com [continued on next page] 4.5.b Packet Pg. 90 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Public Art Agreement between the February 19, 2019 City of Dublin and Barbara Grygutis Page 18 of 18 Ground deliveries only to: 135 South 6th Ave. Suite C Tucson, AZ 85701 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 Barbara Grygutis Sculpture LLC Attest: ____________________________ Caroline Soto, City Clerk Approved as to Form: ____________________________ John Bakker, City Attorney 2559640.1 4.5.b Packet Pg. 91 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities 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. 4.5.b Packet Pg. 92 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities ALL ABILITIES PLAYGROUD ARTWORK PROPOSAL FOR THE CITY OF DUBLIN, CA ARTWORK TITLE: CONVERSATION PRESENTED BY BARBARA GRYGUTIS BARBARA GRYGUTIS SCULPTURE LLC 4.5.b Packet Pg. 93 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Barbara Grygutis Sculpture LLC PO Box 3028, Tucson, AZ 85702-3028 | 520.882.5572 | barbara@barbaragrygutis.com | www.barbaragrygutis.com © BARBARA GRYGUTIS January 2019 DUBLIN, CA – ALL ABILITES PLAYGROUD ARTWORK PROPOSAL Page 1 Artist Statement and Narrative Description CONVERSATION is the title for the work of art which I propose for the City of Dublin Public Safety Complex. The work of art is designed to emphasize and highlight a fundamental human interaction - the ability to listen - and the ability to dialogue and engage in conversation. noun a talk, especially an informal one, between two or more people, in which news and ideas are exchanged. synonyms: discussion, talk, cat, gossip, tête-à-tête, heart-to-heart, head-to-head, exchange, dialogue, parley, consultation, conference; • The work of art is composed with two monumental sculptures, each of which shape is an outline of the human head. The outline of the head is generic, and does not convey gender or race, it is simply human. • The outline of the head is taken from the head silhouette in computer manuals (this image is available on the internet.) • The human head silhouette is symbolic of our humanity. • The work is designed to create a strong recognizable visual image for the "all abilities playground". • Each sculptural head is rendered in a different manner. One sculpture is more transparent, while the other less transparent, but more complex in its system of transparency. • The two sculptures symbolize our differences and similarities. • The two sculptural heads face each other to convey engagement and CONVERSATION. • The passageways through the sculptures symbolize engagement, • The work of art is designed to embrace our shared humanity. Public Interaction with the Artwork • The work is designed for pedestrian engagement. • Each sculpture is punctuated with a passage way through which the viewer is invited to walk. • The two passageways are joined by a horseshoe shaped walkway that connects to the City of Dublin sidewalk. • The view into the sculptures while standing inside the passageway creates a moment when the pedestrian is engulfed in the sculpture and becomes a part of the sculptural CONVERSATION. 4.5.b Packet Pg. 94 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Barbara Grygutis Sculpture LLC PO Box 3028, Tucson, AZ 85702-3028 | 520.882.5572 | barbara@barbaragrygutis.com | www.barbaragrygutis.com © BARBARA GRYGUTIS January 2019 DUBLIN, CA – ALL ABILITES PLAYGROUD ARTWORK PROPOSAL Page 2 Proposed Materials • Both sculptures will be fabricated with aluminum. • Aluminum does not rust and is the most durable of metals. • The larger sculpture will be fabricated with laser cut aluminum plate. • The smaller sculpture will be fabricated with perforated aluminum plate. • Each sculpture will have 2 lamps placed inside, to illuminate the work at night. • Sample materials accompany this proposal. Proposed Dimensions Sculpture A : 22 feet high - 20 feet wide - 2.5 feet deep Passage way - 5 feet wide to accommodate wheel chair passage Sculpture B : 17 feet high X 16 feet wide X 2.5 feet deep Passage way- 5 feet wide to accommodate wheel chair passage Sidewalk: 5 feet wide Words: 2 feet long Use of Words embedded in Walkway • A sidewalk / walkway will connect the two sculptures metaphorically and visually. • The walkway will be 5' wide and horseshoe shaped. • It will invite the viewer from the public sidewalk to walk to and through the sculptures. • Inspirational words, chosen by the public will punctuate the walkway. • The words will be laser cut in stainless steel and embedded in the sidewalk. • A sample full size word accompanies this proposal. 4.5.b Packet Pg. 95 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Barbara Grygutis Sculpture LLC PO Box 3028, Tucson, AZ 85702-3028 | 520.882.5572 | barbara@barbaragrygutis.com | www.barbaragrygutis.com © BARBARA GRYGUTIS January 2019 DUBLIN, CA – ALL ABILITES PLAYGROUD ARTWORK PROPOSAL Page 3 Lighting • All installed light fixtures will be LED technology. • The lamps I use are rated for 10 years and have a guaranteed replacement by the manufacturer for a five-year period from date of purchase. • The sculptures will be lit from within. • The lighting system will create a glow, emulating from the interior of the work. • The lamps will be accessed through access panels, built in to the side of work. • The access panels will be closed with tamper proof fasteners. Proposed Fabricator - Firm and Location I propose to use GIZMO ART PRODUCTION as the fabricator for this work of art. They are located in San Francisco. 202 Potrero Ave, San Francisco, CA 94103 htps://gizmosf.com/ They are currently fabricating a sculptural work which I created for 1050 Page Mill, Palo Alto, CA. Proposed Installation Method and Procedure Installation Sequence: A. Pour concrete foundations; install anchor bolts: bring in electrical wiring through foundations B. City pours sidewalk; install stainless steel words supplied by artist C. Install sculptures; connect electrical wiring for sculpture illumination Sculptures The artwork will have concrete foundations, engineered by an engineer licensed in California. Anchor bolts will be installed in the foundations placed in accordance with engineering specifications. The foundations will be poured in coordination with the landscape installation team, at least one month in advance of the sculpture installation. The sculptures will be set on the anchor bolts during a one - two-day installation. The sculptures will arrive with the lighting system prefabricated. After anchoring the sculpture, all electrical wires will be connected. 4.5.b Packet Pg. 96 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Barbara Grygutis Sculpture LLC PO Box 3028, Tucson, AZ 85702-3028 | 520.882.5572 | barbara@barbaragrygutis.com | www.barbaragrygutis.com © BARBARA GRYGUTIS January 2019 DUBLIN, CA – ALL ABILITES PLAYGROUD ARTWORK PROPOSAL Page 4 Walkway The walkway will be poured by the City, while pouring the other sidewalks and curbs on site. The walkway will be poured prior to sculpture installation. Artist will provide between 6 and 10 stainless steel laser cut words to be embedded in the sidewalk. The artist will be on site to oversee installation of the words into the concrete walkway. Recommend Annual Maintenance • No annual maintenance will be necessary. • When necessary-cleaning the sculptures should be done with a hose and a simple soap. • No chemical cleaners should be on the aluminum. Timeline Based on a delivery date of November 2019, the following timeline can be expected: • Finalization of design details: March - April 2019 • Engineering: April - May 2019 • Building permit: May-June 2019 • Purchase materials and Fabrication: June - October 2019 • City pours foundations and sidewalk: June - October 2019 • Installation November - December: 2019 Proposal Notes • Artist proposes to collaborate with landscape architect to create the best landscaped area scenario that will highlight both artwork and landscape architecture, for this entry space to the All Ability Playground. 4.5.b Packet Pg. 97 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Barbara Grygutis Sculpture LLC PO Box 3028, Tucson, AZ 85702-3028 | 520.882.5572 | barbara@barbaragrygutis.com | www.barbaragrygutis.com © BARBARA GRYGUTIS January 2019 DUBLIN, CA – ALL ABILITES PLAYGROUD ARTWORK PROPOSAL Page 5 Proposed Budget Artist Fee: 15% $ 45,000. Engineering Fees: $ 10,000. Fabrication: Includes materials and fabrication $ 180,000. 2 sculptures and words for sidewalk Fabrication and Installation oversight: 5% $ 15,000. Lighting: 4 led lamps and wiring inside sculpture $ 10,000. Transportation to the Site: $ 10,000. Installation (includes crane for 2 days) $ 15,000. Artist Travel; 6 trips @ 1,500. each: $ 9,000. Insurance: 2% $ 6,000. Contingency: 10% $ 30,000. ________________________________________________ TOTAL: $ 330,000. Budget Notes: • Artist requests that City of Dublin pour concrete walkway and foundations per artist engineering specifications. • Artist will supply templates for anchor bolt placement in concrete foundations. • Artist will supply laser cut words to be embedded in sidewalk. • Artist will supervise placement of words in sidewalk. 4.5.b Packet Pg. 98 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Barbara Grygutis Sculpture LLC PO Box 3028, Tucson, AZ 85702-3028 | 520.882.5572 | barbara@barbaragrygutis.com | www.barbaragrygutis.com © BARBARA GRYGUTIS January 2019 DUBLIN, CA – ALL ABILITES PLAYGROUD ARTWORK PROPOSAL Page 6 4.5.b Packet Pg. 99 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara 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 April 2, 2019 April 2, 2019 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 All-Abilities Playground 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. 4.5.b Packet Pg. 100 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities 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. May 15, 2019 (Est.) May 15, 2019 (Est.) February 19, 2019 (Est.) May 15, 2019 (Est.) PHASE II: MATERIALS PROCUREMENT- 40% Overall The scope of work under this phase includes procurement of raw materials needed to begin fabrication. • Artist shall purchase the necessary raw materials needed to fabricate the sculpture, and deliver materials to the fabricator. • Artist shall coordinate his/her communications with the General Contractor through the City Project Manager, copying the City Art Manager on all correspondence. If requested to do so by the City, Artist will communicate directly with the General Contractor, copying the City Project Manager and Art Manager. • 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. DELIVERABLES: DUE DATE: 1. Purchase receipts for materials 2. Delivery receipts for materials received by fabricator 3. Progress Report to indicate any potential change to June 10, 2019 (Est.) July 8, 2019 (Est.) July 8, 2019 (Est.) 4.5.b Packet Pg. 101 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities installation timeline. PHASE III: SCULPTURE FABRICATION MIDPOINT - 55% Overall The scope of work under this phase includes obtaining all raw materials and cutting/preparing them for fabrication: • 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. • 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 frame completed. 2. Progress Report to indicate any potential change to project timeline. 3. Lettering received August 1, 2019 (EST.) September 1, 2019 (EST.) August 1, 2019 September 1, 2019 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. • Artist will the City apprised with monthly email progress reports. 4.5.b Packet Pg. 102 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities • 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. • The preparation of the Site for installation of the Artwork shall be the responsibility of the Park General Contractor in accordance with a separate written agreement between City and the General Contractor. • The City shall be responsible for providing electrical conduit to the point of the artwork, but not for installing the artwork lighting. 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 Gizmo Art Production in San Francisco and signoff. 4. Progress Report to indicate any potential change to installation timeline. September 25, 2019 (EST) October 1, 2019 (EST.) October 25, 2019 (EST.) October 25, 2019 (EST.) 4.5.b Packet Pg. 103 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities 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 and General Contractor prior to and during the installation of the Artwork. • Artist shall coordinate Artist’s activities on site with the General Contractor through the Construction Management Team and/or the City staff. • 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. • Where Artist’s Artwork is associated with that of the General Contractor, or any other Contractor engaged by the City 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 4.5.b Packet Pg. 104 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities installed by the General Contractor or other Contractor engaged by City 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 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 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. January 31, 2020 (EST) 4.5.b Packet Pg. 105 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities 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 January 31, 2020 (EST) Within 30 Days of Installation Within 30 Days of Installation 4.5.b Packet Pg. 106 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities EXHIBIT C PAYMENT SCHEDULE % COMPLETION PHASE OF WORK DESCRIPTION OF PHASE By Phase Overall ARTIST FEE EXECUTION Execution of Contract 10% 10% $33,000 Phase I Engineering 15% 25% $49,500 Phase II Materials procured 20% 45% $66,000 Phase III Sculpture fabrication midpoint, lettering complete 20% 65% $66,000 Phase IV Sculpture fabrication complete 20% 85% $66,000 Phase V Installation and Closeout 15% 100% $49,500 TOTAL ARTIST FEE $330,000 4.5.b Packet Pg. 107 Attachment: 2. Exhibit A to the Resolution - Public Art Agreement between the City of Dublin and Barbara Grygutis Sculpture LLC (All-Abilities Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Bike to Work Day and Bike Month Proclamation Prepared by: Sai Midididdi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY: During National Bike Month, a series of regional events such as Bike to Work Day are organized by Bike East Bay and numerous other agencies, including the City of Dublin, to promote bicycling as an alternative mode of transportation. STAFF RECOMMENDATION: Proclaim the month of May as “Bike Month” and May 9, 2019 as “Bike to Work Day” in the City of Dublin. FINANCIAL IMPACT: The Fiscal Year 2018-19 budget includes $6,413 to cover the costs related to National Bike Month activities including Bike to Work Day events and advertising. The total National Bike Month budget is funded by Measure B Bicycle/Pedestrian Funds. DESCRIPTION: Bike to Work Day (BtWD) is a one-day annual regional event held to encourage the use of alternative modes of transportation during the commute to work by the Bay Area workforce. Entering its 25th year in Alameda County, BtWD will be held on Thursday, May 9, 2019 and is organized by Bike East Bay. “Energizer Stations” will be set up in strategic locations throughout the region to provide bike commuters with refreshments and giveaways. The City provides a financial contribution of $2,500 to Bike East Bay for events and activities related to Bike to Work Day. As a result of the sponsorship, the City of Dublin’s logo will appear on regional promotional posters and T -shirts to be given away at “Energizer Stations.” Additionally, the City’s funding contributes towards Bike East Bay’s promotions for cycling in daily life with a regional ad campaign which appears on buses, billboards, bus shelters, and on the Internet. The City’s sponsorship also contributes 4.6 Packet Pg. 108 Page 2 of 3 funding for Bike to School Day activities in Dublin. On BtWD, the City of Dublin will help host an “Energizer Station” from 7:00 a.m. to 9:00 a.m. at the Dublin/Pleasanton and West Dublin/Pleasanton BART stations. Refreshments, giveaways, and informational brochures will be given to commuters who commute via bicycle on that day. A limited number of BtWD T -shirts will be given out at the “Energizer Stations” on a first-come, first-serve basis. In addition to BtWD, Dublin also hosts several other bike related events before and during National Bike Month. All events taking place in Dublin are free to both Dublin residents and non-residents. Bike Month activities will include the following: • Bicycle Commuting Lunch and Learn – April 30, 12:00pm – 1:00pm Kickoff Bike Month with a workshop on the basics of bicycle commuting. The workshop will be held at the Dublin Civic Center, Regional Meeting Room, and lunch will be provided for those that register at http://bikeeastbay.org/1hr. • Bike to Work Month Challenge – Month of May Dublin businesses will be encouraged to register their business in a month -long bike to work challenge to encourage bicycle commuting the entire month of May, not just on Bike to Work Day. Participants will track their commutes and compete against companies throughout the Bay Area. • Family Cycling Workshop – May 12, 10:00am to 12:30pm A certified instructor from Bike East Bay will lead workshop participants in games, safety drills, and skills building at Cottonwood Creek School. It is ideal for students in grade 2nd-6th and their parents. • Bike to School Day – May 9 It is anticipated that all Dublin Unified School District (DUSD) will be participating in Bike to School Day also on May 9th. Students will receive giveaways and refreshments on Bike to School Day. • Bike to the Farmers’ Market – May 16, 4:00pm to 8:00pm Dublin’s Bike to the Market Day will take place at the Dublin Farmers' Market at Emerald Glen Park. Cyclists who visit the City-sponsored booth on that day will receive $5 in “Carrot Cash” for shopping at the market. • Community Bike Ride – May 18, 9:30am to 12:00pm The 11-mile ride is co-sponsored by the cities of Dublin and Pleasanton and will lead participants along local trails through both cities. Information on Bike Month or the events listed above can be accessed on the City of Dublin website at: http://dublin.ca.gov/954/National-Bike-Month-Activities. 4.6 Packet Pg. 109 Page 3 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH: City staff will work with Bike East Bay to prepare and distribute press releases regarding National Bike Month, Bike to Work Day, and related events to local media. Information on these events will also be posted on the City’s website. Posters promoting Bike to Work Day will also be displayed at partnering businesses throughout the Tri-Valley. A copy of this staff report was sent to the Alameda County Transportation Commission, Independent Watchdog Committee. ATTACHMENTS: 1. 2019 Bike to Work Day and Bike Month Proclamation 4.6 Packet Pg. 110 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN CALIFORNIA “Bike Month and Bike to Work Day” WHEREAS, the City of Dublin acknowledges that cycling is a successful rideshare mode to alleviate traffic congestion, reduce air pollution, and decrease fuel consumption, and that bike-to-work days are effective in converting drivers into bicyclists, educating citizens about the environmental value of biking to work regularly, and promoting the health benefits of cycling; and WHEREAS, the League of American Bicyclists has declared the Month of May as National Bike Month; and WHEREAS, the City of Dublin Public Works Department has scheduled events to promote bicycling throughout May, including a Bike to Work Month Challenge, a Family Cycling Workshop, a Bike to School Day/Week, a Bike to the Market Day, a Community Bike Ride and other activities; and WHEREAS, Bike East Bay along with other regional and local sponsors are promoting Thursday, May 9th as Bike to Work Day in the San Francisco Bay Area; WHEREAS, on May 9th, the cities of Dublin and Pleasanton, Alameda County Public Works Agency, Dublin Cyclery, Hacienda, and REI Dublin are hosting Energizer Stations at both the East and West Dublin/Pleasanton BART stations, to greet and reward bicyclists with refreshments and sponsored giveaways. NOW, THEREFORE, BE IT RESOLVED, that I, David Haubert, Mayor of Dublin, on behalf of the entire City Council, do hereby proclaim the Month of May as “Bike Month” and May9th as “Bike to Work Day” in the City of Dublin, and I call upon all citizens and civic organizations to consider bicycling throughout the month, participating in bike events, and visiting the Dublin Energizer Stations on Bike to Work Day. DATED: April 2, 2019 Mayor Haubert Vice Mayor Hernandez ___________________ ___________________ Councilmember Goel Councilmember Josey Councilmember Kumagai 4.6.a Packet Pg. 111 Attachment: 1. 2019 Bike to Work Day and Bike Month Proclamation (Bike to Work Month Proclamation) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approve JAM Service Inc., as a Sole Source Vendor for Traffic Signal, Communications and Streetlight Equipment and Cubic Trafficware as a Sole Source Vendor for Trafficware Hardware and Software Prepared by: Sai Midididdi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY: The City Council will consider approving Jam Services Inc. as a sole source vendor for the purchase and maintenance of traffic signal, communications, and streetlight equipment, and will consider approving Cubic Trafficware as a sole source vendor for the purchase and maintenance of Trafficware hardware and software, including the adaptive traffic signal system "Synchrogreen". STAFF RECOMMENDATION: Adopt the Resolution Approving Jam Services Inc., as a Sole Source Vendor for the traffic signal, communications and streetlight equipment; and , adopt the Resolution Approving Cubic Trafficware as a sole source vendor for the Trafficware hardware and software including adaptive traffic signal system "Synchrogreen". FINANCIAL IMPACT: There are sufficient funds available in adopted Capital Improvement Program (CIP) and operating budgets for the purchase of equipment and services. The following CIP projects will include such purchases: • Amador Valley Boulevard and Wildwood Road Intersection Improvements (CIP No. ST0317) • Citywide Bicycle and Pedestrian Improvement Program (CIP No. ST0517) • Dougherty Road Improvements (CIP No. ST0911) • Citywide Signal Communication Upgrade (CIP No. ST0713) • Intelligent Transportation System Upgrade (CIP No. ST0519) Operating budget funds would be used to purchase equipment as needed, such as to replace a street light that is knocked down during an accident. To meet anticipated CIP and operational needs, Staff recommends purchases from JAM Services Inc. for an amount not-to-exceed $300,000, and from Cubic Trafficware for an amount not-to- 4.7 Packet Pg. 112 Page 2 of 3 exceed $900,000. DESCRIPTION: The Municipal Code requires contracts or purchases of general services, supplies, or equipment in excess of $45,000, are subject to competitive bidding. However, the Municipal Code allows City Council to make an exception “Where the City’s requirements can be met solely by a single patented article or process .” Municipal Code Section 2.36.100(B)(1). In order to implement planned capital improvements and continue current traffic operations, Staff recommends City Council approve an exception to competitive bidding and authorize purchase of equipment and services from JAM Services Inc. and Cubic Trafficware as sole source vendors. JAM Services Inc. The City’s current traffic signal, communication and streetlight equipment is proprietary in nature. The traffic signal, communications and streetlight equipment such as, luminaires, pedestrian push buttons, LED vehicle and pedestrian indications, traffic signal battery backup systems, lighted crosswalks, traffic signal poles, streetlight poles, flashing beacons, network communication devices, and illuminated street name signs are needed to implement improvements through various CIPs. JAM Services Inc. is a leading and trusted supplier providing a diverse variety of high - quality products, including those that are proprietary in nature. The following products are currently installed in the City and sold solely by JAM Services: illuminated street name signs, audible pedestrian push buttons, lighted crosswalks , and traffic signal battery backup systems. Letters of Exclusivity from several manufacturers, naming Jam Services Inc. as the sole or authorized distributor, are attached as Attachment 2. Jam Services has consistently provided products and services that meet industry and City standards. Staff is recommending approval of JAM Services as the sole source vendor for traffic signal, communications and streetlight equipment for a not-to-exceed (NTE) amount of $300,000. This NTE shall be applicable individually or collectively for purchases with funds that have been approved and appropriated for CIP projects or operating needs. Cubic Trafficware The City of Dublin uses Trafficware hardware and software for managing and operating traffic signals, including adaptive traffic signals on Dublin Boulevard between San Ramon Road and Hacienda Drive. This system gathers real-time traffic data and automatically adjusts the timing of traffic signals along Dublin Boulevard to reduce delay and increase safety. The adaptive traffic signal system uses Synchrogreen software that runs within the City’s Advanced Traffic Management System (ATMS) which is called ATMS.Now. Trafficware hardware, Synchrogreen and ATMS.Now are proprietary signal equipment and systems of Cubic Trafficware. Trafficware hardware, ATMS.Now and Synchrogreen has performed exceptionally well in coordinating signals along Dublin Boulevard, prioritizing transit, and reducing travel time and delays. A Letter of Exclusivity from Cubic Trafficware, as the sole, authorized vendor of Trafficware hardware an d software, 4.7 Packet Pg. 113 Page 3 of 3 is attached as Attachment 4. Staff is now proposing to expand adaptive traffic signal system to the remainder of Dublin Boulevard, Hacienda Drive, Tassajara Road and to Dougherty Road. As such, Staff recommends approval of Cubic Trafficware a s a sole source vendor of the Trafficware hardware, adaptive traffic signal system Synchrogreen and ATMS.Now for an NTE amount of $900,000. This NTE shall be applicable individually or collectively for purchases with funds that have been approved and appro priated for CIP projects or operating needs. STRATEGIC PLAN INITIATIVE: Strategy 3: Pursue efforts to help strengthen the City's infrastructure and technology. Strategic Objective 3b: Continue to embrace technology to improve traffic, street and engineering infrastructure. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving JAM Services Inc., as a Sole Source Vendor for the Traffic Signal, Communication and Streetlight equipment 2. Letter of Exclusivity for JAM Services 3. Resolution Approving Cubic Trafficware as a Sole Source Vendor for the Trafficware Hardware, Software and Adaptive Traffic Signal System "Synchrogreen" 4. Letter of Exclusivity for Cubic Trafficware 4.7 Packet Pg. 114 RESOLUTION NO. - 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING JAM SERVICES, INC. AS A SOLE SOURCE VENDOR FOR TRAFFIC SIGNAL, COMMUNICATIONS AND STREETLIGHT EQUIPMENT WHEREAS, new traffic signal, communications and street light equipment is necessary for the implementation of Capital Improvement Program (CIP) projects and for City of Dublin operations; and WHEREAS, the firm JAM Services, Inc. is the leading and trusted supplier of high-quality traffic signal, communications and streetlight equipment; and WHEREAS, Staff has determined that JAM Services, Inc. is qualified to be a Sole Source Vendor as per the City of Dublin’s Municipal Code Section 2.36.100; and WHEREAS, the vendor will be compensated for the traffic signal, communications and streetlight equipment supplied on a task-by-task basis and for a not to exceed amount of $300,000 applicable individually or collectively. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve JAM Services, Inc. as a sole source vendor of the traffic signal, communications and streetlight equipment for a not-to-exceed amount of $300,000, with funds that have been approved and appropriated for Capital Improvement Program projects or City operations. BE IT FURTHER RESOLVED that the City Manager is authorized to execute purchase agreements with Jam Services, Inc., as long as the purchase amount individually or collectively is within the not-to-exceed amount and take any other actions as may be necessary or appropriate to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of April 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ ATTEST: Mayor _______________________________________ 4.7.a Packet Pg. 115 Attachment: 1. Resolution Approving JAM Services Inc., as a Sole Source Vendor for the Traffic Signal, Communication and Streetlight City Clerk 4.7.a Packet Pg. 116 Attachment: 1. Resolution Approving JAM Services Inc., as a Sole Source Vendor for the Traffic Signal, Communication and Streetlight Carmanah Technologies Corp. 250 Bay Street, Victoria, BC Canada V9A 3K5 Toll-Free: 1-877-722-8877 General: (250) 380-0052 www.carmanah.com 5 October, 2015 JAM Services, Inc. 958 E. Airway Blvd. Livermore, CA 94551 RE: Carmanah representation in California, USA Dear Sir or Madam, Please be advised that JAM Services, Inc. is the authorized Preferred Reseller for Carmanah solar traffic products in northern California. JAM Services has been authorized to provide product training, technical support, sales, warranty and overall support. Please feel free to contact the undersigned for more information. Sincerely, Matt Robson Traffic Sales Manager Carmanah Technologies Corp. T: +1 (250) 412-8318 4.7.b Packet Pg. 117 Attachment: 2. Letter of Exclusivity for JAM Services (Sole Source Vendors Jam Services and Cubic Trafficware) Enterprises, LLC 100 Maple Street Phone 903.366.0310 Commerce, TX 75428 ● ● rdeshay@polaraent.com Fax 903.366.0399 http://www.polara.com March 2, 2017 To Whom It May Concern: This letter is to serve as notification that as of April 4, 2017, JAM Services, Inc. is Polara Enterprises, LLC’s exclusive distributor for the counties of Monterey, Kings, Tulare, Inyo and all counties to the north of them, in the state of California. If you have any questions, please feel free to give me a call. Sincerely, Rachel Kamphuis 4.7.b Packet Pg. 118 Attachment: 2. Letter of Exclusivity for JAM Services (Sole Source Vendors Jam Services and Cubic Trafficware)       August 23, 2016    Re: Authorized Temple Edge‐Lit IISNS Distributor Notification        Temple Edge‐Lit Internally‐Illuminated LED Signs is proud to partner with JAM Services, Inc. as its  sole distribution partner in the State of California.    Temple Edge‐Lit Internally‐Illuminated LED Signs is committed to employing a local workforce, and  Temple Edge‐Lit Signs are built, down to the component level, at our manufacturing facility in  Decatur, Alabama.          For questions of details, please contact Adrian Baker, Temple Edge‐Lit National Accounts Manager,  at adrian.baker@temple‐inc.com or by phone at 256.318.7549 (mobile).      Thank you,    Adrian S. Baker  National Accounts Manager  Temple Edge‐Lit  800.633.3221 toll free  4.7.b Packet Pg. 119 Attachment: 2. Letter of Exclusivity for JAM Services (Sole Source Vendors Jam Services and Cubic Trafficware) 4.7.bPacket Pg. 120Attachment: 2. Letter of Exclusivity for JAM Services (Sole Source Vendors Jam Services and Cubic Trafficware) RESOLUTION NO. - 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING CUBIC TRAFFICWARE AS A SOLE SOURCE VENDOR OF THE TRAFFICWARE HARDWARE, SOFWARE AND ADAPTIVE TRAFFIC SIGNAL SYSTEM “SYNCHROGREEN” WHEREAS, Trafficware hardware, software and adaptive traffic signal system “Synchrogreen” has been implemented on Dublin Boulevard between S an Ramon Road and Hacienda Drive to gather real-time traffic data, to automatically coordinate and adjust the timing of traffic signals and prioritize transit; and WHEREAS, there is a need to expand adaptive traffic signal system to major corridors, such as but not limited to, Dublin Boulevard, Fallon Road, Hacienda Drive, Tassajara Road and Dougherty Road, to reduce travel time, reduce delays, and, if warranted, prioritize transit; and WHEREAS, Cubic Trafficware is the proprietary owner of Trafficware hardware, software and adaptive traffic signal system “Synchrogreen”; and WHEREAS, Trafficware hardware, software, and Synchrogreen have performed exceptionally well in not only coordinating signals along Dublin Boulevard but also in prioritizing transit and reducing travel time and delays; and WHEREAS, Cubic Trafficware has demonstrated professional qualifications and the ability to install and support Trafficware hardware, software and Synchrogreen as required; and WHEREAS, Staff has determined that Cubic Trafficware is qualified to be a Sole Source Vendor as per the City of Dublin’s Municipal Code Section 2.36.100; and WHEREAS, the vendor will be compensate d for Trafficware and Syncrogreen hardware and software supplied on a task-by-task basis and for a not to exceed amount of $900,000, applicable individually or collectively. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Cubic Trafficware as sole source vendor of the Trafficware hardware, software, and adaptive traffic signal system Synchrogreen for a not-to-exceed amount of $900,000, with funds that have been approved and appropri ated for Capital Improvement Program projects or City operations. BE IT FURTHER RESOLVED that the City Manager is authorized to execute purchase agreements with Cubic Trafficware, as long as the purchase amount individually or collectively is within the not-to-exceed amount and take any other actions as may be necessary or appropriate to carry out the intent of this Resolution. 4.7.c Packet Pg. 121 Attachment: 3. Resolution Approving Cubic Trafficware as a Sole Source Vendor for the Trafficware Hardware, Software and Adaptive Traffic PASSED, APPROVED AND ADOPTED this 2nd day of April 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ ATTEST: Mayor _______________________________________ City Clerk 4.7.c Packet Pg. 122 Attachment: 3. Resolution Approving Cubic Trafficware as a Sole Source Vendor for the Trafficware Hardware, Software and Adaptive Traffic     February 1, 2019 City of Dublin Sai Midididdi  100 Civic Plaza  Dublin, Ca 94568  SUBJECT: Procurement of Trafficware Hardware & Software in Northern California Dear Sai, Trafficware Group, Inc. is the sole, authorized source for procuring Trafficware hardware and software in Northern California. Should you have any questions, please contact Liam Flynn at liamflynn@trafficware.com. I can also be reached by phone at 661-435-6032 or by email at stangarren@trafficware.com. Sincerely,   Stanley P. Garren Director of Business Development Western Region 4.7.d Packet Pg. 123 Attachment: 4. Letter of Exclusivity for Cubic Trafficware (Sole Source Vendors Jam Services and Cubic Trafficware) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 - Fiscal Year 2019-20 Project List Prepared by: Erwin Ching, Associate Civil Engineer EXECUTIVE SUMMARY: The City Council will consider approving a list of projects funded in Fiscal Year 2019 -20 by Senate Bill 1, the Road Repair and Accountability Act of 2017. STAFF RECOMMENDATION: Adopt the Resolution Approving a List of Projects Funded in Fiscal Year 2019 -20 by Senate Bill 1, the Road Repair and Accountability Act of 2017. FINANCIAL IMPACT: The proposed Fiscal Year 2019-20 Budget accounts for revenue the City will receive due to the passage of Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017. This law provides funding through increased gasoline excise taxes, diesel fuel sales taxes, and vehicle registration fees via the Road Maintenance and Rehabilitation Account (RMRA). It is projected that the City will receive $1,118,059 of RMRA funds for Fiscal Year 2019-20. This funding is in addition to the annual Highway Users Tax Account (or Gas Tax) funds the City receives (currently projected to be about $1.6 million in Fiscal Year 2019-20). DESCRIPTION: In April 2017, the State Legislature passed and Governor Brown approved Senate Bill 1, the Road Repair and Accountability Act of 2017 (Beall, Chapter 5, Statues of 2017). SB 1 provides a significant, stable and ongoing increase in state transportation funding. SB 1 created the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and on the local street and road system. Funds for the program are deposited into the State Transportation Fund, Road Maintenance and Rehabilitation Account (RMRA). SB 1 is projected to generate over $5 billion annually for state and local transportation 4.8 Packet Pg. 124 Page 2 of 4 improvements. Cities and counties are slated to receive $1.5 billion at full implementation of SB 1. According to analysis by the League of California Cities, SB 1 will double the amount of revenues cities receive from the state for local street maintenance and rehabilitation needs, with allocations to cities based upon population. The RMRA receives funds from the following taxes imposed under SB 1: • A 12 cent per gallon increase to the gasoline excise tax. • A 20 cent per gallon increase to the diesel fuel excise tax, half of which will be allocated to Trade Corridors Enhancement Account (TCEA) with the remaining half to the RMRA. • A new vehicle registration tax called the “transportation improvement fee,” based on the market value of the vehicle. • An additional new $100 vehicle registration tax on zero emission vehicles model year 2020 and later effective July 1, 2020. • Annual rate increases to these taxes beginning July 1, 2020 (July 1, 2021 for the ZEV fee), and every July 1 thereafter for the change in the California Consumer Price Index (CPI). The first adjustment to be made on July 1, 20 20 will cover CPI change for two years: November 1, 2017 through November 12, 2019. RMRA funds are in addition to the existing/traditional state gas tax funds which have been in place for decades and are allocated by the state through the Highway User Tax Account (HUTA). The Fiscal Year 2019-20 revenues, and future years’ revenues, provide the City an opportunity to expand and enhance street maintenance activities and to fund existing and new street projects. Funding in Fiscal Year 2019 -20 and future years will be included in the City’s Budget and Capital Improvement Program adoption process. The rules associated to use of RMRA funds are similar, but not identical to the rules associated with HUTA funds. RMRA local streets and roads funds must be us ed for projects that include, but are not limited to the following: • Road maintenance and rehabilitation • Safety projects • Railroad grade separations • Traffic control devices • Complete streets components, which include active transportation projects, pedestrian and bicycle safety projects, transit facilities, and drainage and storm - water capture projects in conjunction with other allowable projects. Additionally, if a city or county has an average Pavement Condition Index of 80 or more (very good to excellent), then the city or county may spend its RMRA funds on transportation priorities other than those listed above. The City of Dublin currently has a Pavement Condition Index of 84. 4.8 Packet Pg. 125 Page 3 of 4 Maintenance of Effort (MOE) SB 1 requires that RMRA funds not supplant existing general revenue funds that the City of Dublin is using on streets and roads. This is referred to as the maintenance of effort (MOE) requirement. The MOE is calculated by the State Controller based upon the City’s average spending for street and road purposes for Fiscal Years 2009-10, 2010-11, and 2011-12. The City of Dublin’s MOE was calculated at $1,229,320. For Fiscal Year’s 2018-19 through 2022-23, the City’s adopted Capital Improvement Program includes annual budgets of $1.7M to $2.2M per year, which include a minimum of $1.23M of funds other than RMRA funds. Reporting Requirements For the City to receive RMRA funds from the state, SB 1 requires the City to annually submit a project list by May 1st to the California Transportation Commission. For Fiscal Year 2019-20, Staff is recommending that City Council approve the project list to include Annual Street Resurfacing and Tassajara Road Realignment and Widening , both of which are multi-year projects and approved by City Council to use RMRA in prior fiscal years. The California Transportation Commission also recommends that projects that were approved for RMRA funding in prior years, and which are still in process, be included in the annual list of projects. The following projects will be funded in-part with Fiscal Year 2019-20 RMRA revenues: • Annual Street Resurfacing (CIP No. ST0117) The project provides for a variety of pavement surface treatments and repairs to existing City streets. The project is budgeted annually to help maintain the significant investment the City has in the street system. Project location is citywide, with annual project locations varying from year to year based upon the City’s Pavement Management Program. RMRA Funding: $526,000 • Tassajara Road Realignment and Widening (CIP No. ST0116) This project provides for the planning and preliminary engineering to define a new roadway alignment, design cross-section, right-of-way, and environmental clearance for Tassajara Road between North Dublin Ranch Drive and the City and Contra Costa County limit. The project also provides for the design and construction of a realigned Tassajara Road from Fallon Road to the northern City limit. RMRA Funding: $592,059 The following previously proposed and adopted projects may utilize Fiscal Year 2019-20 RMRA revenues: 4.8 Packet Pg. 126 Page 4 of 4 • Citywide Signal Communications Upgrade (CIP No. ST0713) The project provides for the continued upgrade of the traffic signal communications system, including expansion of the traffic communication network, which will improve traffic signal operations and safety. Project location is citywide. • Dublin Boulevard Extension (CIP No. ST0216) The project provides for the design and construction of the 1.5 -mile extension of Dublin Boulevard from Fallon Road to North Canyons Parkway in Livermore. Preliminary engineering and the environmental document are anticipated to be complete in spring 2019. When constructed, the roadway extension will have a useful life in excess of 50 years. • Dublin Boulevard Improvements – Sierra Court to Dublin Court (CIP No. ST1012) This project provides for the design and construction to widen Dublin Boulevard from Sierra Court to Dublin Court. The project is currently in construction and anticipated to be complete in summer 2019. When finished, the roadway improvements will have a useful life in excess of 50 years. • Iron Horse Trail Bridge at Dublin Boulevard (CIP No. ST0118) This project provides for the design and environmental review of an Iron Horse Trail bridge for bicycles and pedestrians over Dublin Boulevard. Design is anticipated to be complete by fall 2019. When built, the bridge will have a useful life in excess of 50 years. In addition to the annual submittal of a project list, SB 1 also requires the City to submit to the California Transportation Commission an annual report updating the status of projects for which RMRA funds were expended. The Fiscal Year expenditure report is due on October 1, 2019. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving List of Projects Funded in Fiscal Year 2019-2020 by Senate Bill 1 4.8 Packet Pg. 127 RESOLUTION NO. XX- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING A LIST OF PROJECTS FUNDED IN FISCAL YEAR 2019-20 BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS , SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must approve a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive and estimated $1,118,059 in RMRA funding in Fiscal Year 2019-20 from SB 1; and WHEREAS, this is the third year in which the City is receiving SB 1 funding and the funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities; and WHEREAS, the City used the Capital Improvement Program and a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets, sidewalks, traffic control devices, and help add active transportation infrastructure throughout the City this year and into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “very good” condition and 4.8.a Packet Pg. 128 Attachment: 1. Resolution Approving List of Projects Funded in Fiscal Year 2019-2020 by Senate Bill 1 (Senate Bill (SB) 1 - FY2019-20 Project this revenue will help us maintain the overall quality of our road system and enhance pedestrian and bicycle safety and mobility within the city; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits to the lifespan of our local streets and enhance pedestrian and bicycle mobility and safety with co-benefits statewide. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a list of projects funded in Fiscal Year 2019-20 to be funded with Road Maintenance and Rehabilitation Account revenues. BE IT FURTHER RESOLVED that the following are the approved list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues in Fiscal Year 2019-20: 1. Annual Street Resurfacing (CIP No. ST0117) The project provides for a variety of pavement surface treatments and repairs t o existing City streets. The project is budgeted annually to help maintain the significant investment the City has in the street system. Project location is citywide, with annual project locations varying from year to year based upon the City’s Pavement Management Program. The annual project is completed in fall of each year. Surface treatments and repairs have a useful life of between 7 and 20 years. 2. Tassajara Road Realignment and Widening (CIP No. ST0116) This project provides for the planning and preliminary engineering to define a new roadway alignment, design cross-section, right-of-way, and environmental clearance for Tassajara Road between North Dublin Ranch Drive and the City and Contra Costa County limit. The project also provides for the design and construction of a realigned Tassajara Road from Fallon Drive to the northern City limit. Preliminary engineering and the environmental document are anticipated to be complete in winter of 2019. When constructed, the roadway will have a useful life in excess of 50 years. BE IT FURTHER RESOLVED that the following previously proposed and adopted projects may utilize Fiscal Year 2019-20 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues: • Citywide Signal Communications Upgrade (CIP No. ST0713) The project provides for the continued upgrade of the traffic signal communications system, including expansion of the traffic communication network, which will 4.8.a Packet Pg. 129 Attachment: 1. Resolution Approving List of Projects Funded in Fiscal Year 2019-2020 by Senate Bill 1 (Senate Bill (SB) 1 - FY2019-20 Project improve traffic signal operations and safety. Project location is citywide. • Dublin Boulevard Extension (CIP No. ST0216) The project provides for the design and construction of the 1.5 -mile extension of Dublin Boulevard from Fallon Road to North Canyons Parkway in Livermore. Preliminary engineering and the environmental document are anticipated to be complete in spring 2019. When constructed, the roadway extension will have a useful life in excess of 50 years. • Dublin Boulevard Improvements – Sierra Court to Dublin Court (CIP No. ST1012) This project provides for the design and construction to widen Dublin Boulevard from Sierra Court to Dublin Court. The project is currently in construction and anticipated to be complete in summer 2019. When finished, the roadway improvements will have a useful life in excess of 50 years. • Iron Horse Trail Bridge at Dublin Boulevard (CIP No. ST0118) This project provides for the design and environmental review of an Iron Horse Trail bridge for bicycles and pedestrians over Dublin Boulevard. Design is anticipated to be complete by fall 2019. When built, the bridge will have a useful life in excess of 50 years. PASSED, APPROVED AND ADOPTED this 2nd day of April, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.8.a Packet Pg. 130 Attachment: 1. Resolution Approving List of Projects Funded in Fiscal Year 2019-2020 by Senate Bill 1 (Senate Bill (SB) 1 - FY2019-20 Project Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Increase Contract Change Order Authorization, for Public Safety Complex – Police Services Building (Project No. GI0116) and Dublin Boulevard Widening (Project No. ST1012) Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will consider increasing the contract change order authority for the City Manager in relation to two projects - the Public Safety Complex and the Dublin Boulevard Widening Project. For the Public Safety Complex, Sausal Corporation needs to make additional structural upgrades necessary to bring the building up to “essential faci lity” status and related improvements, as well as add project scope to replace the existing parking lot, and install a 180 kVA solar voltaic system on top of the police vehicle carports. For the Dublin Boulevard Widening Project, Granite Construction Company needs to repave and install video detection at the intersection of Dublin Boulevard and Dougherty Road and install street lighting along the Dublin Sports Grounds parking lot. Additionally, emergency pavement repairs on Village Parkway by Granite were made at the City's request and along with reimbursable improvements for Zayo Communications. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Execute Contract Change Orders with Sausal Corporation, for the Public Safety Complex - Police Services Building, CIP No. GI0116; and, adopt the Resolution Authorizing the City Manager to Execute Contract Change Orders with Granite Construction Company for the Dublin Boulevard Widening Project, CIP No. ST1012. FINANCIAL IMPACT: Sufficient funds are available in the respective project budgets for the proposed increases in the Contract Change Order authorization for the added project scope. DESCRIPTION: 4.9 Packet Pg. 131 Page 2 of 4 Public Safety Complex On February 6, 2018, the City Council awarded a construction contract to Sausal Corporation, with a total not to exceed amount of $16,811,740 including a construction contingency, Resolution 14-18 (Attachment 3) for the Public Safety Complex - Police Services Building, CIP No. GI0116. At the same time, the City Cou ncil authorized the City Manager, or his designee, to approve project contract change orders, based on appropriated project funds, up to the contingency amount of $1,528,340. The project provides for the demolition of three existing buildings, renovation and reconstruction of two buildings, and associated site improvements to accommodate current and future Dublin Police Services office space needs. The Public Safety Complex also houses the Alameda County Fire Department Administrative Offices and will also serve as the City’s Emergency Operation Center (EOC). During construction, the City conducted an evaluation by a structural engineer to evaluate the existing building and it was determined that several structural upgrades , which were believed to have been completed in 2013, to bring the building up to “essential facility” status were not made. At this time the structural upgrades need to be completed prior to occupancy by Dublin Police Services and opening the new EOC. Staff has been working with the general contractor, Sausal Corporation to price and implement a contract change order to complete the necessary “essential facility” improvements and upgrades and to minimize delay in moving Dublin Police Services to the Public Safety Complex at an estimated cost of $1,400,000. The necessary improvements also require the Alameda County Fire Administrati ve Offices be vacated in order to bring the building, which will be shared by Dublin Police Services, up to “essential facility” status. When the project was originally bid and awarded, Fire Administration was planned to occupy their offices and their side of the site during construction. While Fire Administration is out of the building, it is advantageous to reconstruct the portion of the parking lot that is used by Fire Administration. The estimated cost of reconstructing the Fire Administration parking lot is included in the estimated cost stated above of $1,400,000. With this proposed change order, Staff is also recommending adding the installation of a 180kVA solar photovoltaic system on top of the police vehicle carports to reduce future power bills. The carport structures within the existing contract were designed to allow for convenient installation of a solar photovoltaic system. The cost for add ing a solar photovoltaic system to the carports and integrating it with the buildings electrical system would increase the contract amount by an approximate cost of $600,000. Staff is recommending that the City Council authorize the City Manager, or his designee, to execute contract change orders for the additional project scope with Sausal Corporation, at an additional cost of $2,000,000, which increases the total project contingency to $3,528,340 and increases the not to exceed contract total to $18,811,740. 4.9 Packet Pg. 132 Page 3 of 4 Dublin Boulevard Widening On July 17, 2018, the City Council awarded a construction contract to Granite Construction Company with a total not to exceed amount of $6,253,454 including a construction contingency, Resolution 94-18 (Attachment 4) for the Dublin Boulevard Widening Project, CIP No. ST1012. At the same time, the City Council authorized the City Manager, or his designee, to approve project contract change orders, based on appropriated project funds, up to the contingency amount of $575,000. The project provides for the widening of Dublin Boulevard to six travel lanes between Sierra Court/Civic Plaza and Dublin Court; the addition of bicycle lanes on both sides of Dublin Boulevard; intersection improvements at both Sierra and Dublin Courts; new sidewalk on both sides of the street including a pedestrian bridge over a drainage channel east of Dublin Sports Grounds; landscape improvements, including the replacement of the existing street trees plus additional street trees; and bus shelter relocation. Late last year, a segment of Village Parkway between Amador Valley Boulevard and the City limits was approaching unsafe conditions because of ground subsidence. Staff directed Granite Construction Company to proceed with emergency repairs while Dublin Unified School District was on winter break to minimize impacts to the public. These repairs cost approximately $235,000. In addition to the Village Parkway pavement repairs, Staff is recommending a contract change order to expand the project scope of the Dublin Boulevard Widening Project to include pavement resurfacing and installation of video detection at the intersection of Dublin Boulevard and Dougherty Road and installation of street lighting along the Dublin Sports Grounds parking lot and achieve an economy of scale with a larger project. These improvements have an estimated cost of approximately $265,000. While the City’s Contractor was constructing the Dublin Boulevard improvements, there were improvements being constructed concurrently by Zayo Communication to relocate their utilities out of the way of the new road alignment. Zayo Communication was unable to complete the necessary improvements without delaying the City’s contractor, therefore Zayo Communication agreed to have the City’s Contractor construct the improvements, to prevent the project from being delayed , and to reimburse the City for the cost to complete the improvement. The cost of the Zayo Communication improvements is approximately $25,000. Staff is recommending that the City Council authorize the City Manager, or his designee, to execute contract change orders for the additional project scope with Granite Construction Company, at an additional cost of $525,000, which increases the total project contingency to $1,100,000.00 and increases the not to exceed contract total to $6,778,454.00. STRATEGIC PLAN INITIATIVE: N/A 4.9 Packet Pg. 133 Page 4 of 4 NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this staff report was sent to Sausal Corporation and Granite Construction Company. ATTACHMENTS: 1. Resolution Authorizing the City Manager to Execute Contract Change Orders with Sausal Corporation, for Public Safety Complex - Police Services Building, CIP No. GI0116 2. Resolution Authorizing the City Manager to Execute Contract Change Orders with Granite Construction Company, for Dublin Boulevard Widening Project, CIP No. ST1012 3. Resolution 14-18 Awarding a Contract to Sausal Corporation 4. Resolution 94-18 Awarding a Contract to Granite Construction Company 4.9 Packet Pg. 134 RESOLUTION NO. XX- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACT CHANGE ORDERS WITH SAUSAL CORPORATION FOR PUBLIC SAFETY COMPLEX – POLICE SERVICES BUILDING, CIP NO. GI0116. WHEREAS, on February 6, 2018, the City of Dublin entered into a contract with Sausal Corporation to construct the Public Safety Complex – Police Services Building, CIP No. GI0116; and WHEREAS, City Council of the City of Dublin authorized the City Manager or his designee to approve Contract Change Orders based on the appropriated funds designated for the Project up to the contingency amount of $1,528,340.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby incorporate additional improvements to be constructed by the project, to include structural upgrades necessary to bring the building up to “essential facility” status and related improvements, and replacement of the existing parking lot adjacent to the Alameda County Fire Department side of the building at an estimated cost of $1,400,000. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby incorporate additional improvements to be constructed by the project to include the installation of 180 kVA solar voltaic system on top of vehicle carports located within the police parking lot at an estimated $600,000. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or his designee to execute Contract Change Orders with Sausal Corporation up to the revised contingency amount of $3,528,340.00 and increase the not to exceed contract total to $18,811,740.00 . PASSED, APPROVED AND ADOPTED this 2nd day of April, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4.9.a Packet Pg. 135 Attachment: 1. Resolution Authorizing the City Manager to Execute Contract Change Orders with Sausal Corporation, for Public Safety ________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.9.a Packet Pg. 136 Attachment: 1. Resolution Authorizing the City Manager to Execute Contract Change Orders with Sausal Corporation, for Public Safety RESOLUTION NO. XX- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACT CHANGE ORDERS WITH GRANITE CONSTRUCTION COMPANY FOR DUBLIN BOULEVARD WIDENING PROJECT, CIP NO. ST1012. WHEREAS, on July 17, 2018, the City of Dublin entered into a contract with Granite Construction Company to construct the Dublin Boulevard Widening Project, CIP No. ST1012; and WHEREAS, City Council of the City of Dublin authorized the City Manager or his designee to approve Contract Change Orders based on the appropriated funds designated for the Project up to the contingency amount of $575,000.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby incorporate additional improvements to be constructed by the project, to include repaving and installing video detection at the intersection of Dublin and Dougherty, installation of street lighting along the Dublin Sports Grounds parking lot, and emergency pavement repairs on Village Parkway at an estimated $500,000. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby incorporate additional improvements to be constructed by the project to include improvements constructed by the City of Dublin within the Project limits for and to be reimbursed by Zayo Communications at an estimated $25,000. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or his designee to execute Contract Change Orders with Granite Construction Company up to the revised contingency amount of $1,100,000.00 and increase the not to exceed contract total to $6,778,454. PASSED, APPROVED AND ADOPTED this 2nd day of April, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4.9.b Packet Pg. 137 Attachment: 2. Resolution Authorizing the City Manager to Execute Contract Change Orders with Granite Construction Company, for Dublin ________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.9.b Packet Pg. 138 Attachment: 2. Resolution Authorizing the City Manager to Execute Contract Change Orders with Granite Construction Company, for Dublin 4.9.c Packet Pg. 139 Attachment: 3. Resolution 14-18 Awarding a Contract to Sausal Corporation (Increase Contract Change Order Authorization) 4.9.c Packet Pg. 140 Attachment: 3. Resolution 14-18 Awarding a Contract to Sausal Corporation (Increase Contract Change Order Authorization) 4.9.d Packet Pg. 141 Attachment: 4. Resolution 94-18 Awarding a Contract to Granite Construction Company (Increase Contract Change Order Authorization) 4.9.d Packet Pg. 142 Attachment: 4. Resolution 94-18 Awarding a Contract to Granite Construction Company (Increase Contract Change Order Authorization) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Weed and Combustible Refuse Abatement Order Prepared by: Bonnie Terra, Division Chief EXECUTIVE SUMMARY: In accordance with Resolution 02-19 (adopted February 5, 2019), the City Council declared that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks and property within the City. Notice of this declaration was posted and letters sent to those property owners with violations. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed abatement process. FINANCIAL IMPACT: Initial cost of abatement and administration fee will be billed to the property owners if they fail to abate the problem. There will be not net cost to the City. DESCRIPTION: In accordance with Resolution No. 02-19 (Attachment 1), the City Council declared that there is a public nuisance created by weeds and combustible debris growing, accumulating upon the streets, sidewalks and property within the City of Dublin. With this declaration, the Fire Chief or his designee shall notify property owners of violation s and order abatement without delay. If the abatement is not completed, the City of Dublin shall, at the expense of the owners, have the weeds or refuse removed. The declaration of a hazard was approved by the City Council on February 5, 2019. Following that approval, a Notice to Destroy or Remove Weeds and Refuse was posted (Attachment 2). This year, 290 inspections were conducted during the week of March 11, 2019 and 38 initial letters (Attachment 3) were sent to property owners during the week of March 18, 2019 advising them to abate the hazard. 6.1 Packet Pg. 143 Page 2 of 2 STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the East Bay Times and posted in several locations throughout the City. The staff report and attachments were made available for public review 10 days prior to the public hearing. ATTACHMENTS: 1. Resolution 02-19 Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof 2. Notice to Destroy or Remove Weeds and Refuse 2019 3. 1st Notice Letter 6.1 Packet Pg. 144 RESOLUTION NO. 02— 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF WHEREAS, Government Code Section 39502 et. seq. authorizes the legislative body of a city to adopt an Ordinance to provide for the abatement of weeds and combustible refuse; and WHEREAS, the Alameda County Fire Department is under contract to provide services and exercise the powers common to the City of Dublin; and WHEREAS, the City of Dublin did adopt Ordinance No. 13-97, adding Chapter 5.70 of the Dublin Municipal Code [Weeds and Refuse] providing for the abatement of weeds and refuse. NOW, THEREFORE BE IT RESOLVED that: 1. Pursuant to section 5.70.030 of the Dublin Municipal Code, the Alameda County Fire Department and the City of Dublin hereby declare as public nuisances all weeds and refuse growing or accumulating upon the streets, sidewalks, and property as defined in section 5.70.030, in the City of Dublin. 2. The Fire Chief, or his designee, shall cause notice to be given to the public in the form and manner provided in sections 5.70.030 and 5.70.040 of the Dublin Municipal Code, notifying said public of the passage of this Resolution and further that on April 2, 2019 at 7:00 p.m., the City Council of the City of Dublin will conduct a public hearing to hear and consider objections to this abatement order. PASSED, APPROVED AND ADOPTED this 5th day of February 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: ABSENT: ABSTAIN: Y R 4 a or ATTEST: 7-1 Clt,t4 scL(i City Clerk Reso No. 02-19, Adopted 2/5/2019, Item 4.4 Page 1 of 1 6.1.a Packet Pg. 145 Attachment: 1. Resolution 02-19 Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof (Weed and CITY OF DUBLIN and ALAMEDA COUNTY FIRE DEPARTMENT NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE NOTICE IS HEREBY GIVEN that on February 5, 2019, pursuant to the provisions of Section 5.70.030 of Chapter 5.70 of the Municipal Code of the City of Dublin, the City Council of the City of Dublin adopted a resolution declaring that all weeds and/or refuse growing or accumulating upon any private property or in a public street or alley, constitutes a public nuisance, and such nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that the property owners shall, without delay, remove or cause to be removed all such weeds and refuse from their property and from the abutting half of the street in front of alleys, if any, behind such property, and between the lot lines thereof extended, or such weeds will be destroyed and removed and such refuse will be removed and such nuisance or nuisances created thereby abated by the City of Dublin, in which case the costs will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds and/or refuse are hereby notified to attend a meeting of the City Council of the City of Dublin to be held at the Dublin Civic Center on April 2, 2019 at 7:00 p.m., when their objections will be heard and given due consideration. Dated: This 5th day of February, 2019 Caroline Soto, City Clerk City of Dublin PUBLICATION INSTRUCTIONS: 1) Saturday – March 16, 2019 (Must appear at least 10 days before the hearing. [sec. 6062(a) CGC].) ATTACHMENT 2 6.1.b Packet Pg. 146 Attachment: 2. Notice to Destroy or Remove Weeds and Refuse 2019 (Weed and Combustible Refuse Abatement Order) DAVID A. ROCHA Fire Chief March 18, 2019 «Mail_to_COMPANY» «Property_Owner» «Mail_to_ADDRESS» «Mail_to__CITY_STATE_ZIP» SUBJECT PROPERTY «Parcel_No» «Street_» «Street_Name» The above subject property was inspected the week of March 11, 2019, and determined to be in violation of Section 5.70.020 of the Municipal Code of the City of Dublin. The Weed, Rubbish and Litter Ordinance 13-97 designed to minimize or eliminate weeds, or other nuisances, before they become a hazard. The Ordinance applies to violations anywhere on the property, whether in an open field, front yard, enclosed side yard, or rear yard. A copy of the removal requirements is enclosed for your reference. By checking your property now and eliminating any hazards, you can avoid possible enforcement action and any related fees. Abatement shall be in accordance with the enclosed removal requirements. The City Council of the City of Dublin will conduct a Public Hearing on Tuesday, April 2, 2019, to hear and consider objections to this abatement order. The Fire Prevention division will re-inspect your property on or after April 8, 2019, to verify compliance. If there are no violations noted, there will be no further notices or inspections required. Failure to abate your property may ultimately result in a City of Dublin contractor abating your property and an additional administrative fee being added to the contractor’s cost. If it becomes necessary to place a levy on your property to recover unpaid fees, there may also be an additional charge. Remember, to avoid any charges or a citation, all weeds and debris must be removed by the above listed date and maintained throughout the year. Your cooperation is appreciated, and we thank you for your efforts in maintaining a fire safe community. If you have any questions regarding this notice, please contact the Alameda County Fire Department, Dublin Fire Prevention Division at (925) 833-6606. Enclosure 6.1.c Packet Pg. 147 Attachment: 3. 1st Notice Letter (Weed and Combustible Refuse Abatement Order) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Preliminary Fiscal Year 2019-20 Budget Prepared by: Colleen Tribby, Director of Administrative Services EXECUTIVE SUMMARY: The City Council will review the Preliminary Fiscal Year 2019-20 Budget, focusing on the General Fund. As this is the second year of the City's two -year budget, this information will supplement the budget document adopted by th e City Council in May 2018. The updated Capital Improvement Program is presented under a separate item. STAFF RECOMMENDATION: Receive the report and provide direction to Staff related to the budget adoption scheduled for May 21, 2019. FINANCIAL IMPACT: The Preliminary Budget results in an increase to revenues of $2,270,344 and an increase to expenditures of $944,946 in the General Fund over the prior year. Total General Fund reserves are projected at $143,410,510, an increase of $10,067,405 over Fiscal Year 2018-19. DESCRIPTION: The City of Dublin utilizes a biennial budget process, in which a comprehensive budget document is prepared that establishes high-level priorities and specific departmental goals for a two-year period. The second year of the cycle is the “update year”, in which projections are revised and significant changes highlighted, while the original document continues to serve as the guiding financial plan. As in prior years, this report focuses on the General Fund, as there are no maj or budgetary changes in other funds. This report discusses updates to the City’s major revenue categories reflecting the most recent information and refines expenditure projections. The analysis compares the Preliminary Fiscal Year 2019 -20 to the Amended Fiscal Year 2018-19 Budget. 8.1 Packet Pg. 148 Page 2 of 4 Summary The Preliminary Budget (see table below, also included as Attachments 1 - 3) projects an operating surplus in the General Fund (ongoing revenues less ongoing expenditures) of $15,620,405 which is $1,325,398 (9.3%) higher than the Fiscal Year 2018-19 Amended Budget. After one-time items and transfers out, total reserves are projected at $143,410,510, an increase of $10,067,405 (7.6%) over the prior year. Revenues in Fiscal Year 2019-20 are increasing a net of $2,270,344 (2.5%) over the prior year, due primarily to higher property tax revenue, and despite a notable decrease in sales tax revenue. Expenditures are increasing $944,946 (1.2%) over the prior year, primarily due to higher contracted services costs. Other changes are explained in the section below. Operating Budget Impact & Reserves Amended 2018-19 Preliminary 2019-20 $ Change % Change Revenue 92,607,564 94,877,908 2,270,344 2.5% Expenditures (78,312,557) (79,257,503) (944,946) 1.2% Ongoing Operating Budget Impact 14,295,007 15,620,405 1,325,398 9.3% Carryovers from Prior Year (2,309,306) 2,309,306 Capital Lease Payoff (4,064,515) 4,064,515 Total Operating Budget Impact 7,921,186 15,620,405 7,699,219 97.2% Transfers Out (16,690,746) (5,553,000) 11,137,746 Year End Reserves 133,343,105 143,410,510 10,067,405 7.6% The following is a summary of the net changes reflected in the Preliminary Budget as compared to the Fiscal Year 2018-19 Amended Budget (+/- $250,000): Property Tax - Increasing $3,044,585 (6.9%) The current budget was adjusted upwards a total of $3,700,000 over the first two quarters of Fiscal Year 2018-19 to account for higher-than-anticipated growth in citywide assessed values (AV). That growth has been carried into Fiscal Year 2019-20, and added to a revised estimate of new construction values as well as the restoration of AV previously reduced via Proposition 8. Sales Tax – Decreasing $664,318 (-3.0%) The Preliminary Budget has been adjusted to remove non-recurring revenues earned in Fiscal Year 2018-19 from a backlog of auto sales, before a 2.5% annual growth factor was applied. Community Benefit Payments – Decreasing $441,000 (-68.8%) The Preliminary Budget removes Community Benefit Payments expected in Fiscal Year 2018-19 for specific development activity. Expenditure Changes Services and Supplies - Increasing $340,765 (10.8%) The net increase accounts for the higher cost of liability insurance for Police Services, based on the cost of past claims, smoothed over several years. 8.1 Packet Pg. 149 Page 3 of 4 Utilities – Decreasing $402,824 (-12.9%) The current budget includes the last payment of the Chevron capital lease for the City’s solar system, removed in the following year. Contracted Services – Increasing $1,282,191 (2.6%) The net increase in contracted services is due to the following: • Police Services – increasing $1,637,596 to account for the addition of two deputies beginning in January 2020, and annual salary and benefit increases. • Fire Services – increasing $631,337 to account for annual salary and benefit increases. • Other Contracted Services – decreasing $1,197,963 to account for one-time budgets in the current year that will not be repeated (but may be carried over) in the Fiscal Year 2019-20 (e.g., election costs, economic development contracts). Transfers Out The 2018-2023 Capital Improvement Program update includes $5,553,000 in General Fund contributions to capital projects. These include: • $2,000,000 for the All Abilities Playground at Dublin Sports Grounds • $108,000 for the Citywide Bicycle and Pedestrian Improvements Project • $1,845,000 for replacement of the City’s Enterprise Resource Planning system (citywide financial software) • $1,000,000 in contribution to Internal Service Funds for citywide equipment replacement • $600,000 to the Don Biddle Community Park Project 10-Year Forecast and Next Steps As part of the Fiscal Year 2018-19 2nd Quarter Financial Review (March 19, 2019), the City Council received an update to the 10 -Year General Fund Forecast, which shows City ongoing operations balanced at Fiscal Year 2027-28. A discussion of the assumptions used in the Forecast will be included in the final budget proposal scheduled for May 21, 2019. Staff is also seeking direction form the City Council on other items it wishes to include in the Fiscal Year 2019-20 Budget, or changes to the information contained in this report. STRATEGIC PLAN INITIATIVE: Strategy 1: Assure the City's long-term financial sustainability; Strategic Objective 1A: Maintain strong conservative fiscal policies. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. 8.1 Packet Pg. 150 Page 4 of 4 ATTACHMENTS: 1. Preliminary FY 2019-20 General Fund Summary 2. FY 2019-20 General Fund Transfers Out 3. FY 2019-20 General Fund Reserves 8.1 Packet Pg. 151 GENERAL FUND SUMMARY ATTACHMENT 1 FY 2019-20 PRELIMINARY Actual 2017-18 Adopted 2018-19 Amended 2018-19 Preliminary 2019-20 $ Change from 2018-19 % Change from 2018-19 Revenues Property Tax 40,628,040 40,130,168 43,830,168 46,874,753 3,044,585 6.9% Sales Tax 20,286,396 20,758,196 22,358,196 21,693,878 (664,318) (3.0%) Sales Tax Reimbursements (562,731) (628,500) (628,500) (466,500) 162,000 (25.8%) Development Revenue 13,551,788 8,286,433 8,387,573 8,427,743 40,170 0.5% Other Taxes 7,366,201 6,573,100 6,573,100 6,799,400 226,300 3.4% Licenses & Permits 318,400 272,013 272,013 233,147 (38,866) (14.3%) Fines & Penalties 134,022 111,432 111,432 111,432 - 0.0% Interest Earnings 1,932,519 1,328,987 1,878,987 2,000,000 121,013 6.4% Rentals and Leases 1,243,389 1,147,218 1,147,218 1,125,791 (21,427) (1.9%) Intergovernmental 153,834 234,919 234,919 234,919 (0) (0.0%) Charges for Services 7,218,457 6,787,895 6,787,895 6,799,258 11,363 0.2% Community Benefit Payments 670,000 641,000 641,000 200,000 (441,000) (68.8%) Other Revenue 1,007,224 836,026 1,013,563 844,086 (169,477) (16.7%) Subtotal Revenues 93,947,539$ 86,478,887$ 92,607,564$ 94,877,908$ 2,270,344$ 2.5% Unrealized Gains/Losses (2,751,679) - Transfers In 135,151 - Total Revenues 91,331,011$ 86,478,887$ 92,607,564$ 94,877,908$ 2,270,344$ 2.5% Expenditures Salaries & Wages 10,878,367 12,453,627 12,442,617 12,379,882 (62,735) (0.5%) Benefits 4,666,642 5,924,104 6,550,025 6,668,029 118,004 1.8% Services & Supplies 2,231,135 3,012,493 3,155,783 3,496,548 340,765 10.8% Internal Service Fund Charges 3,049,920 2,985,004 2,985,004 2,977,334 (7,670) (0.3%) Utilities 2,779,522 3,090,055 3,131,735 2,728,911 (402,824) (12.9%) Total Contracted Services 43,724,128 48,869,314 49,348,791 50,630,983 1,282,191 2.6% Capital Outlay 357,516 163,770 537,601 153,581 (384,021) (71.4%) Contingency & Miscellaneous 20,000 210,000 161,000 222,235 61,235 38.0% Subtotal Expenditures 67,707,229$ 76,708,367$ 78,312,557$ 79,257,503$ 944,946$ 1.2% Carryovers from Prior Year (1)1,240,217 2,309,306 (2,309,306) Chevron Debt Payment - 4,064,515 - (4,064,515) (100.0%) Total Expenditures 68,947,446$ 76,708,367$ 84,686,378$ 79,257,503$ (5,428,875)$ (6.4%) Operating Impact 22,383,566$ 9,770,520$ 7,921,186$ 15,620,405$ 7,699,219$ 97.2% Transfers Out (2,686,559) (6,243,000) (16,690,746) (5,553,000) Impact on Total Reserves 19,697,006$ 3,527,520$ (8,769,561)$ 10,067,405$ TOTAL RESERVES 142,112,666$ 133,343,105$ 143,410,510$ 10,067,405$ 7.6% (1) Carryovers from FY 2017-18 include $13,079 in Supplies and Services, $1,282,070 in Contracted Services, and $1,014,157 in Capital Outlay. * Contracted Services Detail (2) (3) Actual 2017-18 Adopted 2018-19 Amended 2018-19 Preliminary 2019-20 $ Change from 2018-19 % Change from 2018-19 Police Services 17,404,255 19,078,235 18,795,017 20,432,613 1,637,596 8.7% Fire Services 12,079,373 13,125,673 13,237,550 13,868,887 631,337 4.8% Maintenance Services (MCE)4,879,545 5,158,925 5,232,925 5,318,478 85,553 1.6% Development (CDD and PW)6,277,088 5,948,048 5,908,345 6,034,013 125,668 2.1% Other Contracted Services 3,083,867 5,558,433 6,174,955 4,976,992 (1,197,963) (19.4%) Total Contracted Services 43,724,128$ 48,869,314$ 49,348,791$ 50,630,983$ 1,282,191$ 2.6% (2) Does not include carryovers from FY 2017-18. (3) Police and Fire liabilty insurance amounts are shown in Supplies & Services above. 8.1.a Packet Pg. 152 Attachment: 1. Preliminary FY 2019-20 General Fund Summary (Preliminary FY 2019-20 Budget) GENERAL FUND TRANSFERS OUT ATTACHMENT 2 FY 2019-20 PRELIMINARY CIP Projects Funded by Specific Committed Reserves Amended 18-19 Projected 19-20 Citywide Signal Communications Upgrade 1,500,000 AVB, Wildwood, Stagecoach Impr 193,000 Maintenance Yard 71,753 Civic Center Modifications 22,746 Shannon Center Parking Lot Impr 72,019 Dublin Heritage Cemetery Phase II 1,491,737 Dublin Sports Grounds Rehab 1,995,638 2,000,000 Fallon Sports Park - Phase II 9,995 Storm Drain Trash Capture 1,118,303 Subtotal 6,475,191$ 2,000,000$ CIP Projects Funded by Assigned Reserves Amended 18-19 Projected 19-20 Citywide Bicycle and Pedestrian Impr 324,000 108,000 HVAC Replacement - Civic Center 2,000,000 ERP Replacement 1,845,000 EV Charging Stations 150,000 City Entrance Monument Signs 285,000 San Ramon Rd Trail Improvements 101,410 San Ramon Rd Landscape 238,660 Police Services Building 3,900,000 Dublin Blvd Extension 123,000 Dougherty Rd to Sierra 93,485 Transfer to Equipment Replacement 1,000,000 1,000,000 Subtotal 8,215,555$ 2,953,000$ TOTAL TRANSFERS TO CIP's 14,690,746$ 4,953,000$ Other Transfers (from Cash Flow) New Amended 18-19 Projected 19-20 Public Safety Complex 2,000,000 Don Biddle Community Park 600,000 TOTAL OTHER TRANSFERS 2,000,000$ 600,000$ Total Transfers Out of General Fund 16,690,746$ 5,553,000$ 8.1.b Packet Pg. 153 Attachment: 2. FY 2019-20 General Fund Transfers Out (Preliminary FY 2019-20 Budget) GENERAL FUND RESERVES ATTACHMENT 3 FY 2019-20 PRELIMINARY Reserve Balances Projected 2018-19 Increase 2019-20 Decrease 2019-20 NET CHANGE Projected 2019-20 Non-Spendable -$ -$ -$ -$ -$ Prepaid Expenses 7,432 - 7,432 Advance to Public Facility Fees - - - Advance to PERS Side Fund - - - - Restricted 500,000$ -$ -$ -$ -$ Heritage Park Maintenance 750,000 - 750,000 Cemetery Endowment 60,000 - 60,000 Developer Contr - Downtown 1,049,000 - 1,049,000 Developer Contr - Nature Pk 60,000 - 60,000 Developer Contr - Heritage Pk 19,000 - 19,000 Committed 5,487,658$ -$ (2,000,000)$ (2,000,000)$ 500,000$ Economic Stability 8,000,000 - 8,000,000 Public Safety Reserve 2,000,000 - 2,000,000 Downtown Public Impr 3,000,000 - 3,000,000 Economic Development 3,000,000 - 3,000,000 Emergency Communications 741,000 - 741,000 Fire Svcs OPEB 3,584,672 - 3,584,672 Innovations & New Opport 1,813,408 - 1,813,408 One-Time Initiative 4,841,408 - 4,841,408 Specific Committed Reserves Maintenance Facility - - - Cemetery Expansion 3,779,139 - 3,779,139 Fallon Sports Park 100,505 - 100,505 Civic Ctr Expansion (0.01000) - (0) Storm Drain Trash Capture - - - Utility Undergrounding 1,170,190 - 1,170,190 Advance to Public Facility Fee 6,000,000 - 6,000,000 Dublin Sports Ground 2,000,000 (2,000,000) (2,000,000) - Assigned 5,015,629$ -$ (1,845,000)$ (1,845,000)$ 655,000$ Accrued Leave 1,072,508 - 1,072,508 Operating Carryovers - - - CIP Carryovers - - - Non-Streets CIP Commitments 4,000,000 - 4,000,000 Catastrophic Loss 14,764,599 - 14,764,599 Service Continuity 3,150,000 - 3,150,000 Finance System Replacements 2,500,000 (1,845,000) (1,845,000) 655,000 Pension Rate Stabilization Plan 2,000,000 - 2,000,000 Chevron Debt Payoff 4,656,742 - 4,656,742 Pension & OPEB 12,000,000 - 12,000,000 Fiscally Responsible Adj 325,000 - 325,000 Municipal Regional Permit 2,177,030 - 2,177,030 HVAC Replacement - - - Relocate Parks Dept 250,000 - 250,000 Parks and Streets Contingency - - - Specific Assigned Reserves - - - Civic Ctr Renovation-Police 1,962,100 - 1,962,100 Façade Improvement Grants 164,157 - 164,157 Contribution to ISF 1,500,000 - 1,500,000 Fire Equipment Replacement 290,873 - 290,873 Unassigned 40,554,342$ 3,845,000$ 10,067,405$ 13,912,405$ 54,466,747$ Unassigned-Unrealized Gains 3,000,862 3,000,862 Unassigned (Available)37,553,480 51,465,885 TOTAL RESERVES 133,343,106$ 3,845,000$ 6,222,405$ 10,067,405$ 143,410,510$ 8.1.c Packet Pg. 154 Attachment: 3. FY 2019-20 General Fund Reserves (Preliminary FY 2019-20 Budget) Page 1 of 9 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: 2018-2023 Five-Year Capital Improvement Program Update Prepared by: Lisa Hisatomi, Assistant Administrative Services Director EXECUTIVE SUMMARY: The City Council will receive an update of the 2018 -2023 Five-Year Capital Improvement Program adopted in Fiscal Year 2018-19. STAFF RECOMMENDATION: Receive the report and provide direction to Staff for the Capital Improvement Program Update to be presented to the City Council on May 21, 2019. FINANCIAL IMPACT: Any financial impact resulting from City Council direction will be included in the Fiscal Year 2019-20 budget proposal scheduled for the May 21, 2019 City Council meeting. DESCRIPTION: Every two years, the City Council adopts a new Five -Year Capital Improvement Program (CIP), following a review of certain projects by the Planning Commission, the Parks and Community Services Commission, and /or the Heritage and Cultural Arts Commission. In the in-between years, Staff provides an update to the CIP with updated project costs. The current CIP, for years 2018-2023, was adopted by the City Council on May 18, 2018, therefore the CIP included in this report serves as an update. A new CIP cycle will start in Fiscal Year 2020-2021. 2018-2023 Capital Improvement Projects The 2018-2023 CIP Update summary is provided as Attachment 1, which includes total project costs and funding sources. Projects in the CIP are identified in three major categories. Below is a summary of 8.2 Packet Pg. 155 Page 2 of 9 2018-2023 CIP expenditures by category, followed by highlights of major projects in each category. 2018-2023 CIP Expenditures Category 2018-19 2019-20 2020-21 2021-22 2022-23 Total General $23,603,672 $3,585,900 $656,550 $6,600,250 $1,706,480 $36,152,852 Parks 32,271,702 8,110,304 8,609,195 3,748,391 52,739,592 Streets 32,747,786 15,709,405 19,547,827 2,823,856 2,823,856 73,652,730 Total $88,623,159 $27,405,609 $28,813,572 $13,172,497 $4,530,336 $162,545,173 General Improvements • Civic Center HVAC and Roof Replacement (GI0119): This project provides for the design and replacement of the heating, ventilation, and air conditioning (HVAC) system and controls, roof replacement, associated building modifications, and code compliance upgrades for City Hall and the Poli ce Services Building within the Civic Center complex. The total project cost is $5,200,000, funded by a General Fund Reserve and Internal Service Funds. • Cultural Arts Center (GI0001): This project provides for the design and construction of a 13,000-square-foot Cultural Arts Center on the first floor of Civic Center, which is currently occupied by Dublin Police Services. The Parks & Recreation Master Plan identifies a Cultural Arts Center that would serve as a multi-use facility that affords cultural, educational and social opportunities for the community. The total project cost is $5,576,800 and is subject to available funds in the Public Facility Fees Program. • Financial System Replacement (GI0319): This project provides for the selection, and implementation of a replacement for the City’s Enterprise Resource Planning (ERP) system, which serves as the primary software platform for Finance, Human Resources, Public Works, and Community Development functions, and all other core transactions. A Request for Proposals for consulting services was issued in March 2019 and the selection of the consultant is planned for April 2019. The total estimated project cost is $2,500,000, funded by the General Fund and Internal Service Funds. • Library Tenant Improvements (GI0002): This project provides for the design and construction of tenant improvements to the library, including completion of 5,150 square feet of currently unoccupied space within the library building. The project is consistent with the 2016 Alameda County Library Space Plan. The total project cost is $1,706,480 and is subject to available funds in the Public Facility Fees Program. • Public Safety Complex - Police Services Building (GI0116): This project provides for the design and reconstruction of the Public Safety Complex to accommodate the expansion of Dublin Police Services. The project includes demolition of two existing buildings, renovation of one building, reconstruction of one building, and associated site improvements. Additional appropria tion of $2,000,000 was 8.2 Packet Pg. 156 Page 3 of 9 approved by the City Council on March 19, 2019 to include structural upgrades necessary to bring the building up to “essential facility” status, to replace the existing parking lot adjacent to the Alameda County Fire Department side of the building, and to install a solar voltaic system on top of the 55 vehicle carports located within the police parking lot. The total project cost is $23,900,000, funded by the General Fund and Dublin Crossing Community Benefit Payments , of which $13.8 million is eligible for repayment by future Public Facility Fees. Parks • Clover Park & Sunrise Park (PK0117): This project provides for the design and construction of a 10.75-acre nature community park and the adjacent 2.0-acre neighborhood square in the Irongate Development. The total project cost is $1,781,358, and the project will be built by the developer. • Don Biddle Community Park (PK0115): This project provides for the design and construction of a 30-acre community park in the Boulevard development, within the Dublin Crossing Specific Plan. The park will be located between Dublin Boulevard, Scarlett Drive, Horizon Parkway, and Columbus Street. The park will be built by the Boulevard developer, in accordance with the Dublin Crossing Development Agreement. The developer is responsible for project costs up to $12,857,142. The City is responsible for reimbursing the developer for project costs that exceed that amount. The conceptual plan was approved by the City Council on January 9, 2018. The plan includes tennis courts, basketball courts, a picnic and BBQ area, a great lawn (multi-use lawn area), playgrounds, parent paddock, community garden, and other amenities. On October 2, 2018, the City Council provided direction to use $600,000 of Community Benefit Funds for the inclusion of a specimen tree and upgraded playground equipment in the park design. Construction is anticipated to begin in Spring of 2019. The total project cost is $22,800,000, funded by the developer, Public Facility Fees, and Community Benefit Payments. • Dublin Heritage Park Cemetery Improvements (PK0215): This project provides for the renovation of the existing Pioneer Cemetery at the Dublin Heritage Park. Renovation improvements. The total project cost is $1,500,000, funded by a developer contribution from the Schaefer Ranch project. • Dublin Sports Grounds All-Abilities Playground (PK0518): This project provides for the installation of a new all-abilities playground, replacing the existing playground, and the replacement of the restroom and picnic facilities at the Dublin Sports Grounds located at Dublin Boulevard and Civic Plaza. City Council approved the concept design on February 19, 2019. Construction will begin in 2019. The total project cost is $4,000,000, funded by a General Fund reserve. • Fallon Sports Park Phase 3 (PK0119): This project provides for the design and construction of the remaining 14 acres of Fallon Sports Park, referred to as th e Upper Terrace. The concept design will include an option for a cricket f ield, in lieu of two softball fields, and options for sand volleyball and multi-sport batting cages. Fallon Sports Park is a 60 -acre community park bordered by Fallon 8.2 Packet Pg. 157 Page 4 of 9 Road, Central Parkway, Lockhart Street and Gleason Drive. Phases 1 and 2 of the park have been completed and Phase 3 represents the final phase of design. Concept design options for Phase 3 will be completed in Fiscal Year 2018 -2019 and construction is anticipated to start in 2020. The total project cost is $10,360,000, funded by Public Facility Fees. The City Council may consider the phasing of Phase 3 based on funding available for the remaining projects covered by Public Facility Fees. • Jordan Ranch Neighborhood Square (PK0002): This project provides for the design and construction of a 2.0-acre neighborhood square in the Jordan Ranch Development. The neighborhood square will be designed in accordance with the Neighborhood Square Standards contained in the Parks and Recreation Master Plan. The total project cost is $1,480,000 and is subject to available funds in the Public Facility Fee Program. • Tassajara Hills Neighborhood Square (PK0118): This project provides for the design and construction of a 1.08-acre neighborhood square in the Tassajara Hills Development. The total project cost is $1,053,000, and the project will be built by the developer. • Wallis Ranch Community Park - Phase 1 (PK0001): The Wallis Ranch Community Park consists of three separate parcels totaling 8.85 acres in the Wallis Ranch development. The Phase 1 park project will provide for the design and construction of a community park on the two parcels adjacent to Tassajara Road totaling 4.86 acres. Design and construction of Phase 2 of the park, on the remaining 3.99-acre parcel, is planned for future years, beyond t he five-year CIP. The total cost for Phase 1 is $3,597,000 and is subject to available funds in the Public Facility Fees Program. Streets • Amador Valley Blvd - Wildwood Road & Stagecoach Intersections Improvements (ST0317): This project includes safety improvements for vehicle, bicycle, and pedestrian traffic on Amador Valley Boulevard at the intersections of Wildwood Road and Stagecoach Road. Additional appropriation was approved by City Council on December 4, 2018 to integrate green infrastructure for st ormwater treatment and to expand the use of recycled water for irrigation of public landscaping. The total project cost is $1,088,260, funded primarily by Measure B/BB and Measure D Funds. • Annual Street Resurfacing (ST0117): This project provides for a variety of pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction. Streets are selected for improvements based on the City's Pavement Management System to optimize the pavement condition in relation to available budget. The project is an on-going annual program. The annual project cost is approximately $2.4 million, funded primarily by Measure B/BB, Gas Tax, and SB1 funds. 8.2 Packet Pg. 158 Page 5 of 9 • Citywide Bicycle and Pedestrian Improvements (ST0517): This project provides improvements to various pedestrian and bicycle facilities throughout the City, which includes Americans with Disabilities Act (ADA) Transition Plan improvements, Citywide Sidewalk Repair improvements, and design and construction of improvements recommended in the Bicycle and Pedestrian Master Plan, the ADA Transition Plan, and the Class 1 Facilities Maintenance Plan. An update of the Bicycle and Pedestrian Master Plan will be undertaken in Fiscal Year 2018-19 and it is anticipated that the ADA Transition Plan update will be completed in late 2019. The total project cost is $3,175,480, funded by Measure B/BB, Transportation Development Act, and the General Fund. • Citywide Signal Communications Upgrade (ST0713): This project provides for the continued upgrades of the traffic signal communications system which includes the replacement of signal controllers, conflict monitors, and battery backup units. The project also includes managing ongoing signal operations of coordinated corridors. In Fiscal Years 2019-20 and 2020-21, the project will further expand the traffic communication network, connecting traffic signals on Fallon Road and Tassajara Road and replacing existing copper communication cables with fiber optic cables on Dublin Boulevard. Additional appropriation was approved by the City Council on February 19, 2019 to provide funding for additional design and construction costs associated with expanding the City’s fiber optic network, adaptive traffic signal software and updating the City’s Travel Demand Forecasting Model. The total project cost is $3,177,925, funded by a General Fund reserve, Vehicle Registration Fees, Traffic Impact Fees, and SB1 funds. • Dublin Boulevard Extension - Fallon Road to North Canyon Parkway (ST0216): This project provides for the environmental review, preliminary engineering, design, and construction of the 1.5-mile extension of Dublin Boulevard from Fallon Road to North Canyons Parkway in Livermore. The extension is planned to have four to six travel lanes, bike lanes, a class 1 trail, sidewalk, curb and gutter, traffic signals, street lighting, landscaped raised median islands, bus stops, and all city street utilities. This is a collaborative project between the City of Dublin and Livermore. Alameda County Transportation Commission will take the lead in final design, after the completion of the project EIR and precise roadway alignment in Summer 2019. The final cost allocation to each jurisdiction will be defined by a Cooperative Agreement which is planned to be considered by the City Council in the Summer of 2019. The total project cost is $97,068,326; of that amount, approximately $82,530,000 is beyond the 2018 -2023 CIP timeframe. The project is funded mainly by Traffic Impact Fees, Measure BB Grants, and SB1 funds, with $3,300,000 remaining as an unidentified funding source. • Dublin Boulevard Improvements - Sierra Court to Dublin Court (ST1012): This project provides for the design and construction to widen Dublin Boulevard from Sierra Court to Dublin Court and for the undergrounding of existing overhead utilities within the project limits. Completion of this project will widen Dublin Boulevard from four to six lanes and install bike lanes, modif y two traffic signals, install pedestrian-scaled lights, and enhance existing landscaping. Additional 8.2 Packet Pg. 159 Page 6 of 9 appropriation of $2,650,000 was approved by the City Council in Fiscal Year 2018-19 to cover higher construction cost and to account for the additional improvements constructed by the project, including repaving and installing video detection at the intersection of Dublin and Dougherty, installing street lighting along the Dublin Sports Grounds parking lot, and performing emergency pavement repairs on Village Parkway. The total project cost is $11,741,434, funded by Traffic Impact Fees, Measure BB Grants, State Gas Tax, and Rule 20A monies. • Intelligent Transportation System Upgrade - Connected/Autonomous Vehicle and Safety Improvements (ST0519): This project provides for improvements to the City's transportation system using emerging technologies, such as support for connected and autonomous vehicles. The project is a collaborative effort between the City of Dublin and the Metropolitan Transportation Commission (MTC). The system improvements will be completed by both the City and MTC. The project update includes additional costs in Fiscal Year 2019-20 for a bike and pedestrian detection system along Dublin Blvd near the BART station that were not funded by MTC. The total project cost is $621,200, funded by Gas Tax, Vehicle Registration Fee, and MTC. • Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (ST0119): This project provides for design and construction to complete the street improvements for Tassajara Road, from North Dublin Ranch Drive to Quarry Lane School. The project will improve Tassajara Road to a four-lane arterial standard, with bike lanes, sidewalks, landscaped median, stormwater treatment areas, and other associated street improvements. Portions of the existing roadway have been improved by adjacent develop ment projects and this project will complete the street improvements to implement the General Plan and the Complete Street Policy. Design of the project will begin in Fiscal Year 2018- 19. Construction is anticipated to start in Fiscal Year 2019-20, however it is dependent upon utility relocation, right-of-way acquisition, and permitting by regulatory agencies. The updated CIP cost accounts for higher improvement costs. The total project cost is $7,500,000, funded by Traffic Impact Fees and Gas Tax. • Tassajara Road Realignment and Widening - Fallon Road to North City Limit (ST0116): This project provides for the planning and preliminary engineering to define a new roadway alignment, design cross-section and right-of-way, and environmental clearance for Tassajara Road between North Dublin Ranch Drive and the City and Contra Costa County limit. The project also provides for the design and construction of a realigned Tassajara Road from Fallon Road to the northern City limit. The project will improve Tassajara Road to a four-lane arterial standard with bike lanes, sidewalks, landscaped median, and stormwater treatment areas. The total project cost is $12,500,000, funded by Traffic Impact Fees, Gas Tax, SB1 funds, and approximately $8,500,000 remaining as an unidentified funding source with the 2018-23 CIP timeframe. 8.2 Packet Pg. 160 Page 7 of 9 Funding Sources The funding for 2018-2023 CIP comes from variety of sources. The following is a summary of funding sources for projects within the five-year CIP timeframe: Fund Type 2018-19 2019-20 2020-21 2021-22 2022-23 Total General Fund $15,690,746 $4,553,000 $108,000 $108,000 $108,000 $20,567,746 Special Revenues 16,321,880 5,053,879 2,807,601 2,676,961 2,676,961 $29,537,282 Special Revenue - Assessment Districts 725,176 37,285 37,285 38,895 38,895 $877,536 Special Revenue - Public Art Fund 1,211,810 335,400 160,150 $1,707,360 Traffic Impact Fees 10,591,771 9,690,241 5,600,040 $25,882,052 Public Facilities Fees 9,717,876 5,174,904 9,105,595 8,848,641 1,706,480 $34,553,496 Dublin Crossing Fund 1,303,650 1,760,900 20,000 1,500,000 $4,584,550 Internal Service Funds 14,548,250 $14,548,250 Other*1,203,443 $1,203,443 Developer Built 17,308,557 $17,308,557 Unidentified 800,000 10,974,901 $11,774,901 Total $88,623,159 $27,405,609 $28,813,572 $13,172,497 $4,530,336 $162,545,173 * Includes Rule 20A monies for Dublin Blvd Improvement project and MTC direct funding for Intelligent Transportation System Upgrade - Connected/Autonomous Vehicle and Safety Improvements project Approximately 37% or $60.4 million of the CIP costs are funded by Traffic Impa ct Fees and Public Facility Impact Fees. It is important to note that the completion of projects funded by impact fees is contingent upon development proceeding as estimated and fees being collected as projected. The timing of projects funded by this sour ce may need to be re-evaluated if there is a slowdown of projected development activities. However, in the case of the Public Facility Fee related projects, there will be insufficient cash flow to fund all public facilities planned within the CIP, based on the development projections for the 2018-23 CIP timeframe. The City Council will still need to decide whether to proceed in whole or in part for the Fallon Sports Park Phase 3 project. If the decision, at a later date, is to proceed in whole, then it is likely that no other Public Facility Fee-funded projects will occur in the CIP timeframe. If the City Council were to proceed in part, then it is possible for the City Council to take on an additional project or projects during that time period. The following are projects and total costs funded by Public Facility Fees over prior years and the 2018-2023 CIP timeframe (excluding projects expected to be completed in FY 2018-19): Project Prior Years 2018-19 2019-20 2020-21 2021-22 2022-23 Total Don Biddle Community Park (PK0115)$182,166 $5,099,576 $4,061,116 $9,342,858 Fallon Sports Park Phase 3 (PK0119)$2,125,776 $1,113,788 $7,120,436 $10,360,000 Cultural Arts Center (GI0001)$656,550 $5,100,250 $5,756,800 Wallis Ranch Community Park Phases 1 (PK0001)$938,095 $2,658,905 $3,597,000 Jordan Ranch Neighborhood Square (PK0002)$390,514 $1,089,486 $1,480,000 Library Tenant Improvements (GI0002)$1,706,480 $1,706,480 Total $182,166 $7,225,352 $5,174,904 $9,105,595 $8,848,641 $1,706,480 $32,243,138 8.2 Packet Pg. 161 Page 8 of 9 The General Fund contributes to the funding of approximately 13% or $20.6 million of the CIP costs. The following are projects funded or partially funded by General Fund: Committed Reserves: • Maintenance Yard Facility Improvements (GI0509) • Civic Center Modification Design and Construction (GI4099) • Civic Center HVAC and Roof Replacement (GI0119) • Dublin Heritage Park Cemetery Improvements (PK0215) • Shannon Center Parking Lot Improvements (PK0316) • Fallon Sports Park - Phase 2 (PK0414) • Dublin Sports Grounds All-Abilities Playground (PK0518) • San Ramon Road Landscape Renovation (ST0218) • AVB - Wildwood Road & Stagecoach Intersections Improvements (ST0317) • Citywide Signal Communications Upgrade (ST0713) • Storm Drain Trash Capture Project (ST1312) • Stormwater Trash Capture Device Installation (ST0419) Assigned Reserves: • Public Safety Complex - Police Services Building (GI0116) • Electric Vehicle (EV) Charging Stations (GI0219) • San Ramon Road Trail Improvements (ST0514) • Citywide Bicycle and Pedestrian Improvements (ST0517) • City Entrance Monument Signs (ST0319) Unassigned: • Financial System Replacement (GI0319) Community Benefit Payment: • Don Biddle Community Park (PK0115) Approximately 20% or $32.1 million of CIP costs are funded by Special Revenues : of this amount, the primary funding sources are Gas Tax, Measure B/BB Sales Tax, and the Public Art Fund. Other Funding Sources, which comprise improvements to be constructed by other agencies and developers, account for 11% or approximately $18.5 million in CIP costs. There is approximately $11.0 million in projects cost that do not have an identified funding source within the CIP timeframe. Future Projects The Future Projects category identifies projects that are beyond the current CIP timeframe, for which a funding source may or may not yet be identified. The total cost beyond the CIP timeframe is estimated at $199.5 million. The following are projects with future funding needs beyond the CIP timeframe: General Improvements ($285,000) • Electric Vehicle (EV) Charging Stations (Future phase) 8.2 Packet Pg. 162 Page 9 of 9 Parks ($46,146,000) • Croak Neighborhood Park East • Croak Neighborhood Park West • Dublin Heritage Park and Museums • Emerald Glen Recreation & Aquatic Complex - Phase 2 • Iron Horse Nature Park and Open Space • Wallis Ranch Community Park - Phase 2 • Public Art - Heritage Park and Museums Streets ($153,081,000) • Dublin Boulevard Extension (Unfunded portions of current project, future phases) • City Entrance Sign Modifications • Eastern Dublin Traffic Impact Fee (Fee program projects) • Western Dublin Traffic Impact Fee (Fee program projects) Projects Completed During Fiscal Year 2018-19, the following project were completed, or anticipated to be completed, by the year end: • Civic Center Modification Design and Construction (GI4099) • Sean Diamond Park (PK0216) • Shannon Center Parking Lot Improvements (PK0316) • Public Art - Emerald Glen Recreation and Aquatics Complex (PK0415) • Jordan Ranch Neighborhood Park (PK0514) • Storm Drain Trash Capture Project (ST1312) STRATEGIC PLAN INITIATIVE: Strategy 3: Pursue efforts to help strengthen the City’s infrastructure and tec hnology. Strategic Objective 3B: Continue to embrace technology to improve traffic, street and engineering infrastructure. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. 2018-2023 CIP Update Summary 8.2 Packet Pg. 163 PROJECT DESCRIPTION PRIOR YEARS 2018-19 2019-20 2020-21 2021-22 2022-23 FUTURE YEARS TOTALS Annual ADA Transition Plan $19,972 $19,972 Civic Center HVAC and Roof Replacement 2,364,100 1,335,900 1,500,000 5,200,000 Civic Center Modification Design and Construction 4,215,580 62,711 4,278,291 Cultural Arts Center 656,550 5,100,250 5,756,800 Electric Vehicle (EV) Charging Stations 150,000 285,000 435,000 Financial System Replacement 250,000 2,250,000 2,500,000 IT Infrastructure Improvement 643,142 256,858 900,000 Library Tenant Improvements 1,706,480 1,706,480 Maintenance Yard Facility Improvements 9,908,980 71,753 9,980,733 Public Safety Complex - Police Services Building $3,451,750 $20,448,250 $23,900,000 TOTAL COST $18,239,424 $23,603,672 $3,585,900 $656,550 $6,600,250 $1,706,480 $285,000 $54,677,276 2018-2023 CIP 2018-2023 Capital Improvement Program - General Improvements 8.2.a Packet Pg. 164 Attachment: 1. 2018-2023 CIP Update Summary (2018-23 CIP Update) PROJECT DESCRIPTION PRIOR YEARS 2018-19 2019-20 2020-21 2021-22 2022-23 FUTURE YEARS TOTALS Clover Park & Sunrise Park $1,781,358 $1,781,358 Don Biddle Community Park 182,166 17,956,718 4,661,116 22,800,000 Dublin Heritage Park Cemetery Improvements 8,263 1,491,737 1,500,000 Dublin Sports Grounds All-Abilities Playground 4,362 1,995,638 2,000,000 4,000,000 Dublin Sports Grounds Renovation 889,110 889,110 Emerald Glen Recreation & Aquatic Complex - Phase 1 $43,134,675 $1,996,270 $45,130,945 Fallon Sports Park - Phase 2 17,730,594 353,035 18,083,629 Fallon Sports Park Phase 3 2,125,776 1,113,788 7,120,436 10,360,000 Jordan Ranch Neighborhood Park 719,583 1,749,330 2,468,913 Jordan Ranch Neighborhood Square 390,514 1,089,486 1,480,000 Mape Memorial Park Playground Replacement 300,000 300,000 Public Art - Clover Park & Sunrise Park 96 35,504 35,600 Public Art - Dog Park Art Replacement 26,680 26,680 Public Art - Don Biddle Community Park 58,613 422,136 200,000 680,749 Public Art - Dublin Sports Grounds 211,920 124,920 336,840 Public Art - Emerald Glen Recreation and Aquatics Complex 360,193 72,776 432,969 Public Art - Fallon Sports Park 259,993 259,993 Public Art - Fallon Sports Park Phase 3 2,920 160,150 163,070 Public Art - Jordan Ranch Neighborhood Park 155 46,825 46,980 Public Art - Public Safety Complex - Police Services Building 330 337,970 338,300 Public Art - Sean Diamond Park 48,000 48,000 Public Art - Tassajara Hills Neighborhood Square 10,000 7,560 17,560 Sean Diamond Park 2,753,519 185,010 2,938,529 Shannon Center Parking Lot Improvements 1,077,981 72,019 1,150,000 Tassajara Hills Neighborhood Square 1,053,000 1,053,000 Wallis Ranch Community Park - Phase 1 938,095 2,658,905 3,597,000 TOTAL COST $67,179,634 $32,271,702 $8,110,304 $8,609,195 $3,748,391 $119,919,225 2018-2023 CIP 2018-2023 Capital Improvement Program - Parks 8.2.a Packet Pg. 165 Attachment: 1. 2018-2023 CIP Update Summary (2018-23 CIP Update) PROJECT DESCRIPTION PRIOR YEARS 2018-19 2019-20 2020-21 2021-22 2022-23 FUTURE YEARS TOTALS Alamo Creek Trail Repair $664,180 $664,180 Amador Plaza Road Bicycle and Pedestrian Improvements 553,151 860,498 1,413,649 Amador Valley Blvd - Wildwood Road & Stagecoach Intersections Improvements 14,352 1,073,908 1,088,260 Annual Street Resurfacing 1,632,821 3,520,996 1,758,000 2,353,961 2,353,961 2,353,961 13,973,700 City Entrance Monument Signs 285,000 285,000 Citywide Bicycle and Pedestrian Improvements 146,795 1,304,685 431,000 431,000 431,000 431,000 3,175,480 Citywide Signal Communications Upgrade 580,863 2,295,782 150,640 150,640 3,177,925 Dougherty Road Improvements - Sierra Lane to North City Limit 18,165,725 4,863,722 23,029,447 Dublin Boulevard Extension - Fallon Road to North Canyon Parkway 660,524 1,596,576 6,190,241 6,100,040 82,520,945 97,068,326 Dublin Boulevard Improvements - Sierra Court to Dublin Court 3,008,695 8,732,739 11,741,434 Dublin Boulevard Pavement Rehabilitation 737,000 737,000 Dublin Ranch Street Light Improvements 844 725,176 37,285 37,285 38,895 38,895 878,380 Intelligent Transportation System Upgrade – Connected/Autonomous Vehicle and Safety Improvements 510,000 111,200 621,200 Iron Horse Trail Bridge at Dublin Blvd 83,014 1,438,986 1,522,000 San Ramon Road Arterial Management 408,377 259,103 667,480 San Ramon Road Landscape Renovation 405 238,660 239,065 San Ramon Road Trail Improvements 72,051 101,410 173,461 Storm Drain Trash Capture Project 741,698 118,303 860,001 Stormwater Trash Capture Device Installation 1,010,000 1,010,000 Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School 1,798,020 5,701,980 7,500,000 Tassajara Road Realignment and Widening - Fallon Road to North City Limit 127,376 1,305,664 592,059 10,474,901 12,500,000 Traffic Sign Inventory and Safety Review 89,545 44,378 133,923 TOTAL COST $26,286,236 $32,747,786 $15,709,405 $19,547,827 $2,823,856 $2,823,856 $82,520,945 $182,459,911 2018-2023 CIP 2018-2023 Capital Improvement Program - Streets 8.2.a Packet Pg. 166 Attachment: 1. 2018-2023 CIP Update Summary (2018-23 CIP Update) FUND #FUND DESCRIPTION PRIOR YEARS 2018-19 2019-20 2020-21 2021-22 2022-23 FUTURE YEARS TOTALS 1001 General Fund $11,956,696 $15,690,746 $4,553,000 $108,000 $108,000 $108,000 $285,000 $34,638,445 1005 Community Benefit Payment (GF)1,800,000 1,800,000 2106 Traffic Safety 88,350 44,378 133,923 2201 State Gas Tax 3,957,279 1,901,980 690,000 580,000 580,000 8,198,389 2202 Federal Transportation Grant 661,000 661,000 2203 Transportation Development Act 210,000 210,000 2204 Measure B Sales Tax - Local Streets Fund (ACTC)131,230 997,344 506,640 500,640 500,000 500,000 3,651,314 2205 Measure B Sales Tax - Bike & Pedestrian Fund (ACTC)721,872 123,000 23,000 23,000 23,000 928,224 2207 TFCA/Transportation for Clean Air 19,752 146,352 2212 Vehicle Registration Fee (ACTC)423,789 180,463 181,200 70,000 887,946 2214 Measure BB Sales Tax - Local Streets Fund (ACTC)768,160 442,000 380,000 430,000 430,000 3,240,160 2215 Measure BB Sales Tax - Bike & Pedestrian Fund (ACTC)264,217 120,000 20,000 20,000 20,000 579,321 2216 Measure B Grants 5,147,190 37,007 6,267,000 2217 Measure BB Grants 2,049,267 7,531,204 15,994,000 2220 Road Maint. & Rehab Account (RMRA)1,338,294 1,118,059 1,123,961 1,123,961 1,123,961 5,886,659 2302 Measure D 61,696 120,000 2304 Local Recycling Programs 170,000 170,000 2705 Street Light District East Dublin 1999-1 725,176 37,285 37,285 38,895 38,895 878,380 2801 Public Art Fund 474,309 1,211,810 335,400 160,150 2,386,741 2811 Cable TV Facilities 77,843 39,966 613,000 2904 Housing-Related Parks Grant Fund 652,524 831,100 3600 Streets CIP Projects 250,680 818,443 2,684,000 4100 Public Facility Fees 52,393,627 9,717,876 5,174,904 9,105,595 8,848,641 1,706,480 95,599,714 4301 Eastern Dublin Traffic Impact Fee - Category 1 319,722 2,966,839 6,190,241 2,300,000 12,043,121 4302 Eastern Dublin Traffic Impact Fee - Category 2 157,961 4,410,648 4,873,107 4303 Traffic Impact Fee - Category 3 1,159,000 409,263 1,568,263 4304 Western Dublin Traffic Impact Fee 497,117 1,059,498 1,612,649 4305 Traffic Impact Fee - Dougherty Valley 1,705,418 1,242,507 1,300,040 4,310,770 2018-2023 CIP 2018-2023 Capital Improvement Program - Funding Sources 8.2.a Packet Pg. 167 Attachment: 1. 2018-2023 CIP Update Summary (2018-23 CIP Update) FUND #FUND DESCRIPTION PRIOR YEARS 2018-19 2019-20 2020-21 2021-22 2022-23 FUTURE YEARS TOTALS 2018-2023 CIP 2018-2023 Capital Improvement Program - Funding Sources 4306 Tri-Valley Transportation Development 503,017 3,500,000 2,000,000 6,003,017 4309 Mitigation Contributions 1,360,625 1,483,559 4401 Dublin Crossing Development Fee 1,590,429 14,548,250 18,000,000 6205 Internal Service Fund - Facilities Replacement 3,082,856 664,100 1,335,900 1,500,000 6,887,606 6305 Internal Service Fund - Equipment 89,474 275,425 425,000 20,000 809,899 6605 IT Fund 643,142 364,125 1,049,999 9997 Other 385,000 385,000 9998 Unidentified 800,000 10,974,901 82,520,945 94,295,846 9999 Developer Built 17,308,557 17,308,557 TOTAL FINANCING $86,071,001 $88,623,159 $27,405,609 $28,813,572 $13,172,497 $4,530,336 $82,805,945 $357,137,061 8.2.a Packet Pg. 168 Attachment: 1. 2018-2023 CIP Update Summary (2018-23 CIP Update) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Potential Citywide Ban of Expanded Polystyrene for Use as Disposable Food Serviceware Prepared by: Shannan Young, Environmental Coordinator EXECUTIVE SUMMARY: At the February 19, 2019 meeting, the City Council requested that Staff provide a report regarding a potential citywide ban of expanded polystyrene for use as disposable food serviceware. STAFF RECOMMENDATION: Receive the report, discuss and provide further direction. FINANCIAL IMPACT: If City Council decides to move forward with a citywide ban of expanded polystyrene for use as disposable food serviceware, Staff time will be required to conduct outreach and support to food vendors during the initial implementation phase of the ban. The current budget would support these efforts. Subsequently, minimal additional Staff time will be required to enforce the ban. The enforcement efforts could be completed as part of the Municipal Regional NPDES Stormwater Permit business inspection program for which fee recovery is included in the Master Fee Schedule. DESCRIPTION: In response to direction from City Council at the February 19, 2019 meeting, this report on a potential citywide ban of Expanded Polystyrene (EPS) for use as disposable food serviceware has been prepared. If an EPS ban were approved, food vendors would be prohibited from providing prepared food in single-use disposable cups, plates, bowls, hinged/lidded containers, or other container, made from EPS. Food vendors would instead be required to provide prepared food in compostable, reusable, or recyclable food serviceware. EPS, commonly known as Styrofoam, is a thermoplastic petrochemical material utilizing the styrene monomer, marked with recycling symbol No. 6. Despite being marked with 8.3 Packet Pg. 169 Page 2 of 3 the recycling symbol, there is no easy or economical way to recycle EPS and it is a durable material that does not degrade in the environment. It b reaks easily into tiny pieces, making it difficult to clean up. Wildlife commonly mistakes the fragments of EPS for food and eats it, causing sickness or death. The tiny pieces are windblown into storm drains and local creeks where they are difficult to manage. Litter in our local creeks is a significant environmental issue. In 2009, the San Francisco Bay Regional Water Quality Control Board (Water Board) required all cities and agencies under the Municipal Regional Stormwater NPDES Permit (MRP), including the City of Dublin, to develop litter reduction plans and take actions to reduce litter from the storm drainage conveyance. The Water Board recognizes litter source reduction as an important step towards managing litter and allows a trash load reduction credit for cities that ban EPS. On September 21, 2010, the City Council approved Resolution 142 -10, establishing a policy that bans the City’s purchase of plastic bottles and Styrofoam products at City sponsored activities. The City Council acknowledged in its Resolution that at the time, polystyrene was the most abundant type of non-cigarette litter and banning use of polystyrene at City-sponsored events would help the City achieve its goal to divert 75% of waste from landfill. Banning EPS for use as disposable food serviceware would also continue to support current Climate Action Plan (CAP) and waste reduction goals. CAP Measure A.3.2, Citywide Diversion Goal of 75%, and CAP Measure A.3.4, Commercial Recycling Program, remain relevant and are supported by the services offered by Dublin’s franchised waste hauler, Amador Valley Industries (AVI). In addition to supporting these goals, Dublin receives a 1% trash load reduction credit towards meeting the MRP mandate to reduce trash loads in creeks by 80% by July 1, 2019 through the adoption and implementation of Resolution 142-10. Cities in Alameda County began banning EPS as early as 1990 (Berkeley) and many more communities initiated bans in the 2000s. According to Californians Against Waste, 120 California cities and counties have now adopted EPS bans, including all cities in Alameda County except Dublin and Newark. In Alameda County, enforcement is done on a complaint basis and/or through regular stormwater business inspections that are completed as part of requirements under the MRP. When initially implementing a ban, communities generally give a grace period so that restaurants can use existing stock. Additionally, hardship exemptions are included in such bans. Outreach is provided to businesses to help with the transition. In 2016, as part of the outreach effort conducted prior to the adoption of the Alameda County Waste Management Authority’s Expanded Reusable Bag Ordinance, Dublin restaurants were visited and surveyed to determine use of sing le-use plastic bags. During the site visits, restaurants were also asked about EPS use. As seen in the table below, there were approximately 120 restaurants in operation in Dublin in 2016, 46 of which used EPS. The remaining restaurants had either never used EPS or had already made the switch to non-EPS products. Staff also requested that restaurant proprietors complete a short survey during the visit. Twenty-four restaurant proprietors participated in the survey. Of those participating, 14 were using EPS products; all but four of the proprietors who completed the survey supported an EPS ban. 8.3 Packet Pg. 170 Page 3 of 3 2016 Restaurant Site Visits Use EPS 46 37% Do not use EPS 78 63% 2016 Expanded Polystyrene Use Short Survey Results Use EPS & support ban 10 41.6% Use EPS & do not support ban 4 16.6% Do not use EPS & support ban 10 41.6% Alternative food serviceware has become more affordable as more cities have adopted EPS bans. The variety of options for alternative food serviceware has also increased, allowing for easier implementation by restaurants and other food vendors. Food vendors may either provide reusable, compostable, or recyclable food serviceware which can be disposed of at a lower rate than trash through AVI. Implementing an EPS ban would provide effective litter source reduction and Dublin would receive an additional 3% trash load reduction credit under the MRP. The 3% trash load reduction credit means Dublin would have to install fewer full-trash capture devices in the storm drain system to meet MRP trash load reduction mandates, saving capital costs and long-term maintenance expenditures. STRATEGIC PLAN INITIATIVE: N/A. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution 142-10 8.3 Packet Pg. 171 8.3.a Packet Pg. 172 Attachment: 1. Resolution 142-10 (Report on Potential Citywide Ban of Expanded Polystyrene) 8.3.a Packet Pg. 173 Attachment: 1. Resolution 142-10 (Report on Potential Citywide Ban of Expanded Polystyrene) 8.3.a Packet Pg. 174 Attachment: 1. Resolution 142-10 (Report on Potential Citywide Ban of Expanded Polystyrene) 8.3.a Packet Pg. 175 Attachment: 1. Resolution 142-10 (Report on Potential Citywide Ban of Expanded Polystyrene) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 2, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Tri-Valley Youth Expo Funding Request Prepared by: Tegan McLane, Cultural Arts amd Heritage Manager EXECUTIVE SUMMARY: The City Council will consider a funding request of $5,000 from the organizers of the Tri - Valley Youth Expo. STAFF RECOMMENDATION: Provide Staff direction on funding request of $5,000 to Tri -Valley Youth Expo organizers. FINANCIAL IMPACT: If approved, the $5,000 contribution would come from the City's General Fund and could be absorbed in the current operating budget. DESCRIPTION: During public comment at City Council's February 19, 2019 regular meeting, two Dublin High School students -- Arjav Rawal and Manas Taneja -- provided information about and requested $5,000 in City support for the second annual Tri -Valley Youth Expo, scheduled for April 27 and 28, 2019. The Tri-Valley Youth Expo is a youth arts event, organized by youth from Dublin High School. The group produced a Battle of the Bands and outdoor art show at Emerald Glen Park last year, as part of its first-ever Tri-Valley Youth Expo. The event had approximately 200 in attendance. Last year, the Tri-Valley Youth Expo organizers were awarded an Arts Space Grant for the use of the Amphitheater. In late January 2019, the organizers of this year's Tri-Valley Youth Expo met with Staff to discuss this year's event, applied and was approved for the Arts Space Grant. Staff has been working with the organizers to better understand the costs for this year's event based on their request to the City Council. Staff asked for additional information 8.4 Packet Pg. 176 Page 2 of 2 related to the expenditure of the requested $5,000. The organizers submitted to the City a list of expenses that total approximately $2,800 to $4,800 for expenses such as the sound engineer, catering, tent rentals, and miscellaneous supplies. The largest variable in expense relates to catering costs. In addition to the financial support, the organizers' Arts Space Grant will cover use of the Emerald Glen Amphitheater for a Battle of the Bands (rental fee value $625 + MCE labor $120) and The Wave Community Room for an art show (value $1,020). The event is expected to attract several hundred people. If the City Council were interested in funding up to the $5,000 amount, Staff would work with the organizers on the procurement of supplies and payment of vendors. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: Organizers of the Tri-Valley Youth Expo were notified that this item was being considered. ATTACHMENTS: None. 8.4 Packet Pg. 177