Loading...
HomeMy WebLinkAbout*April 20, 2021 Regular City Council Meeting Agenda PacketApril 20, 2021 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS Council Chamber Melissa Hernandez, Mayor Dublin Civic Center Shawn Kumagai, Vice Mayor 100 Civic Plaza Jean Josey, Councilmember Dublin, CA 94568 Sherry Hu, Councilmember www.dublin.ca.gov Michael McCorriston, Councilmember Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, April 20, 2021 Location: City Council Chamber and Electronic Methods 100 Civic Plaza Dublin, CA 94568 REGULAR MEETING 7:00 PM Meeting Procedure During Coronavirus (COVID-19) Outbreak: In keeping with the guidelines provided by the State of California and Alameda County Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of Dublin will hold the Regular City Council Meeting through a hybrid of in -person attendance with the City Council, invited staff, and limited members of the public at the City Council Chamber and through the virtual platform, Zoom. The City of Dublin will adopt the following practices during upcoming City Council meetings: • Per normal practice, the meeting will be livestreamed and available at www.TV30.org for viewing and also broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be available on City’s website: https://dublin.ca.gov/1604/Meetings- Agendas-Minutes-Video-on-Demand • To maximize public safety while maintaining transparency and public access, members of the public may participate in one of the following ways: o Virtual Platform (Zoom): • If you wish to speak via Zoom during the meeting, please fill out the online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, April 20, 2021. Upon submission, you will receive Zoom link information. Speakers slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed. • Once connected, the public speaker will be connected to the Zoom webinar as an attendee and muted. The speaker will be able to see the meeting from inside Zoom. • When the agenda item upon which the individual would like to comment is addressed, the speaker will be announced in the meeting when it is his/her time to speak to the City Council. The speaker will then be unmuted for comment. 1 April 20, 2021 Dublin City Council Regular Meeting Agenda 2 o In person at Council Chamber: • Members of the public wishing to speak in person are asked to fill out an online speaker slip in advance of the meeting. Speakers may also sign up to speak at the meeting. Speaker slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed. • Pursuant to the public health officer’s order, the City Council Chamber will have limited seating available on a first-come, first-served basis for members of the public to attend the meeting in person. Physically distanced seats have been identified in the Chamber for use by the public. Members of the public should maintain at least six-foot social distancing from individuals who are not part of the same household or living unit. • For the purposes of potential public health contact tracing, all members of the public attending the meeting will be requested to sign in and provide a name and phone number or email address. In addition, attendees will be screened with a touchless temperature check. • Consistent with the public health officer’s order, each member of the public must also wear a face covering the nose and mouth at all times during the course of the meeting, even while speaking at the podium. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS 3.1 Employee Introductions: Shelby Perry and Norman Vales New City of Dublin Staff members, Shelby Perry, Recreation Technician – Special Events with Parks and Community Services, and Norman Vales, Network Systems Coordinator with Information Services, will be introduced. STAFF RECOMMENDATION: Welcome the City of Dublin Staff members. Staff Report 3.2 Recognition of Camp Parks’ Sea Cadets Program The City Council will recognize the cadets of the Rear Admiral C.W. Parks Battalion U.S. Naval Sea Cadet Corps / Training Ship Pampanito Navy League Cadet Corps. STAFF RECOMMENDATION: Recognize the cadets. Staff Report 3.3 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 Co uncil 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). 2 April 20, 2021 Dublin City Council Regular Meeting Agenda 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 April 6, 2021 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the April 6, 2021 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the April 6, 2021 Regular City Council meeting. Staff Report Attachment 1 - April 6, 2021 Regular City Council Meeting Minutes 4.2 Acceptance of California Department of Justice Tobacco Grant Program The City Council will consider entering into a Memorandum of Understanding with the California Department of Justice to accept the Tobacco Grant Program for Dublin Police Services. This grant will support the salary of one additional School Resource Officer for three fiscal years to assist in the increased enforcement of tobacco-related state laws and local ordinances. The grant will also support increased enforcement operations related to the illegal sales and marketing of tobacco, including e-cigarettes to minors. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research and Prevention Tax Act of 2016. Staff Report Attachment 1 - Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research and Prevention Tax Act of 2016 Attachment 2 - Exhibit A to the Resolution - California Department of Justice Tobacco Grant Program Handbook, Budget Worksheet and Memorandum of Understanding 4.3 Agreement with East Bay Pool Service Inc. for Pool and Water Slide Maintenance Services at The Wave The City Council will consider a service agreement with East Bay Pool Service Inc. for pool and waterslide maintenance at The Wave. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with East Bay Pool Service Inc. for Pool and Waterslide Maintenance Services. Staff Report Attachment 1 - Resolution Approving an Agreement with East Bay Pool Service Inc. for Pool Maintenance and Waterslide Services Attachment 2 - Exhibit A to the Resolution - Agreement Between the City of Dublin and East Bay Pool Service Inc. Attachment 3 - Proposal East Bay Pool Service Inc. Attachment 4 - Request for Proposal 3 April 20, 2021 Dublin City Council Regular Meeting Agenda 4 4.4 Establishing the California Environmental Quality Act (CEQA) Transportation Thresholds of Significance for Vehicle Miles Traveled (VMT) Pursuant to Senate Bill 743 The City Council will consider establishing the California Environmental Quality Act (CEQA) Transportation Thresholds of Significance for Vehicle Miles Traveled (VMT) Pursuant to Senate Bill 743. STAFF RECOMMENDATION: Adopt the Resolution Establishing the California Environmental Quality Act (CEQA) Transportation Thresholds of Significance for Vehicle Miles Traveled (VMT) Pursuant to Senate Bill 743. Staff Report Attachment 1 - Resolution Establishing the CEQA Transportation Thresholds of Significance for Vehicle Miles Traveled (VMT) Attachment 2 - VMT Maps Attachment 3 - City of Dublin TIA Guidelines 4.5 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from March 1, 2021 - March 31, 2021 totaling $12,567,985.69. STAFF RECOMMENDATION: Receive the report. Staff Report Attachment 1 - Payment Issuance Report for March 2021 4.6 Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies The City Council will consider approving an agreement with Tri-Valley Janitorial Service & Supply, Inc. to provide janitorial services and supplies for the City of Dublin. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies. Staff Report Attachment 1 - Resolution Approving an Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies Attachment 2 - Exhibit A to the Resolution - Agreement Between City of Dublin and Tri- Valley Janitorial Service & Supply Inc. Attachment 3 - Request for Proposals for Janitorial Services and Supplies Attachment 4 - Proposal from Tri-Valley Janitorial Service & Supply, Inc. 4.7 Acceptance of Work – Project No. ST0117, Annual Street Resurfacing (2020 Slurry Seal) Project The City Council will consider the acceptance of the Annual Street Resurfacing Project (2020 Slurry Seal). The project resurfaced Amador Valley Boulevard, Regional Street, and Wildwood Road, and provided localized repair of failed asphalt concrete pavement and pavement delineation on Regional Street and Amador Valley Boulevard. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Annual Street Resurfacing Project (2020 Slurry Seal), CIP No. ST0117. Staff Report 4 April 20, 2021 Dublin City Council Regular Meeting Agenda 5 Attachment 1 - Resolution Accepting the Annual Street Resurfacing Project (2020 Slurry Seal), CIP No. ST0117 4.8 Grant Agreement for New Open Heart Kitchen Facility The City Council will consider approval of a Grant Agreement with TriValley BMR, LLC for $330,000 using Community Development Block Grant (CDBG) funding to construct a new kitchen facility for Open Heart Kitchen as part of a larger 24-unit supportive housing development known as Vineyard 2.0 located in Livermore and providing services to Tri-Valley residents. STAFF RECOMMENDATION: Adopt a Resolution Approving a Grant Agreement with TriValley BMR, LLC to Provide Funding for a New Open Heart Kitchen Facility. Staff Report Attachment 1 - Resolution Approving a Grant Agreement with TriValley BMR, LLC to Provide Funding for a New Open Heart Kitchen Facility Attachment 2 - Exhibit A to the Resolution - Grant Agreement 4.9 Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and 6200 Village Parkway, LLC for Improvements to 6200 Village Parkway The City Council will consider approving a Commercial Façade Improvement Grant Program Agreement between the City of Dublin and 6200 Village Parkway, LLC to assist with the façade improvements to the multi-tenant office building at 6200 Village Parkway. STAFF RECOMMENDATION: Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and 6200 Village Parkway, LLC. Staff Report Attachment 1 - Resolution Approving a Commercial Facade Improvement Grant Program Agreement Between the City of Dublin and 6200 Village Parkway, LLC Attachment 2 - Exhibit A to the Resolution - Commercial Facade Improvement Grant Program Agreement Between the City of Dublin and 6200 Village Parkway, LLC 4.10 Arab American Heritage Month Proclamation The City Council will consider proclaiming April as Arab American Heritage Month in the City of Dublin. STAFF RECOMMENDATION: Approve the proclamation. Staff Report Attachment 1 - Arab American Heritage Month Proclamation 4.11 Approval of Plans and Specifications and Award of Contract to Saboo, Inc. for the Dublin Heritage Park Cemetery Improvements Project No. PK0215 The City Council will consider approving the plans and specifications and awarding a contract to Saboo, Inc. for the Dublin Heritage Park Cemetery Improvements project, CIP No. PK0215. The scope of work includes street frontage and parking improvements, renovated landscaping, lighting, improved pathways, renovated courtyard, and site furnishings. The completed improvements will facilitate the revised memorial program at the cemetery. The City Council will also consider authorizing the City Manager to increase the budget based on the addition of project alternates and a construction contingency amount. 5 April 20, 2021 Dublin City Council Regular Meeting Agenda 6 STAFF RECOMMENDATION: Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Saboo, Inc. for the Dublin Heritage Park Cemetery Improvements Project, CIP No. PK0215. Staff Report Attachment 1 - Resolution Approving the Plans and Specifications and Awarding a Contract to Saboo, Inc. for the Dublin Heritage Park Cemetery Improvements Project, CIP No. PK0215 Attachment 2 - Bid Results Attachment 3 - Resolution No. 148-06 Adopting Mitigated Negative Declaration Attachment 4 - Resolution No. 85-08 Adopting Mitigated Negative Declaration 4.12 Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) (PLPA-2017-00018) The United States Supreme Court determined that content-based sign regulations violate the First Amendment and are unconstitutional. Staff is proposing amendments to the City’s Sign Regulations to comply with the Supreme Court ruling, including modifications to replace content-based regulations and other non-substantive amendments to provide greater clarity, and companion amendments to ensure internal consistency within the Zoning Ordinance. The first reading of the Ordinance was held at the April 6, 2021 Regular City Council Meeting. The City Council is now being asked to waive the second reading and adopt the City-initiated Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review). STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Approving Amendments to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. Staff Report Attachment 1 - Ordinance Approving Amendments to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance Item 4.12 - SB 343 4.13 Authorization to Purchase Marked Police Vehicles On February 2, 2021, the City Council authorized the purchase of two 2021 Chevrolet Tahoe 2WD PPV for patrol vehicles from Dublin Chevrolet. Since the meeting, the window to order the vehicles closed, with an unknown timeframe for re -ordering. Staff conducted research and found the 2021 Dodge Charger Police Sedan is still in production, available for purchase, and will meet the current needs of Dublin Police Services. The City Council will consider authorizing the purchase of two 2021 Dodge Charger Police Sedans using pricing through the current Alameda County General Services Agency contract for vehicle purchases. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the Purchase of Two Marked Police Vehicles from My Jeep Chrysler Dodge Ram of Salinas and Declaring Replaced Vehicles as Surplus Property. Staff Report Attachment 1 - Resolution Authorizing the Purchase of Two Marked Police Vehicles from My Jeep Chrysler Dodge Ram of Salinas and Declaring Replaced Vehicles as Surplus Property Attachment 2 - My Jeep Chrysler Dodge Ram of Salinas Quote for Two 2021 Dodge Charger Police Sedans Attachment 3 - Alameda County General Services Agency Contract for Vehicle Purchasing 5. WRITTEN COMMUNICATION – None. 6. PUBLIC HEARING – None. 6 April 20, 2021 Dublin City Council Regular Meeting Agenda 7 7. UNFINISHED BUSINESS 7.1 BRIDGE Housing Affordable Rental Housing Project Unit Reservation and Funding Allocation BRIDGE Housing is seeking to develop a 3.6-acre site located at 6501 Golden Gate Drive within the Downtown Dublin Specific Plan area. This proposal is in response to the City’s Notice of Funding Availability for affordable housing and direction received from the City Council after reviewing the initial proposal on November 17, 2020. The proposed project consists of 308 affordable units to be built in two phases of 136 units and 172 units, and includes ground floor retail, amenity space, and parking. The City Council will consider reserving up to 308 units from the Downtown Dublin Specific Plan Development Pool and related deal points for a Community Benefit Agreement for the affordable housing project. The City Council will also consider appropriating $7.1 million from the City’s Affordable Housing Fund and authorizing the commitment of $2.9 million in Alameda County Measure A- 1 Bond funds to BRIDGE Housing for the project. STAFF RECOMMENDATION: Adopt the Resolution Appropriating $7.1 Million From the City’s Affordable Housing Fund and Authorizing the Commitment of $2.9 Million in Alameda County Measure A-1 Funds From Dublin’s Base City Allocation to BRIDGE Housing, authorize the reservation of up to 308 residential units from the Downtown Dublin Specific Plan Development Pool, and provide feedback on the negotiated deal points for a Community Benefit Agreement. Staff Report Attachment 1 - Resolution Appropriating $7.1 Million From the City's Affordable Housing Fund and Authorizing the Commitment of $2.9 Million in Alameda County Measure A-1 Funds From Dublin's Base City Allocation to BRIDGE Housing Attachment 2 - November 17, 2020 City Council Staff Report Attachment 3 - BRIDGE Project Description and Financing Plan Attachment 4 - Preliminary Site Plan and Conceptual Architecture Attachment 5 - Keyser Marston Associates Memorandum Item 7.1 - PowerPoint Presentation 8. NEW BUSINESS 8.1 Approval of the American Rescue Plan Act (ARPA) Funding Budget for Fiscal Year 2021-22 The City Council will consider adopting a Resolution Approving the American Rescue Plan Act (ARPA) Budget for Fiscal Year 2021-22 and Establishing a Fund to Track Related Expenditures. Under the ARPA, the City will receive approximately $12,202,075, distributed in two equal tranches by no later than June 2021 and June 2022, respectively. This item contemplates the budget for the first tranche of funding which will coincide with Fiscal Year 2021-22. STAFF RECOMMENDATION: Adopt the Resolution Approving the American Rescue Plan Act Budget for Fiscal Year 2021- 22 and Establishing a Fund to Track Related Expenditures. Staff Report Attachment 1 - Resolution Approving the American Rescue Plan Act Budget for Fiscal Year 2021-22 and Establishing a Fund to Track Related Expenditures Attachment 2 - Exhibit A to the Resolution - Coronavirus Local Fiscal Recovery Funds Budget Attachment 3 - Townsend Public Affairs ARPA Summary Item 8.1 - PowerPoint Presentation 7 April 20, 2021 Dublin City Council Regular Meeting Agenda 8 8.2 2020-2025 Five-Year Capital Improvement Program Update The City Council will receive an update of the 2020-2025 Five-Year Capital Improvement Program adopted in Fiscal Year 2020-21. STAFF RECOMMENDATION: Receive the report and provide direction to Staff for the Capital Improvement Program Update to be presented to the City Council on June 1, 2021. Staff Report Attachment 1 - CIP Update Summary Item 8.2 - PowerPoint Presentation 8.3 Preliminary Fiscal Year 2021-22 General Fund Budget The City Council will review the Preliminary Fiscal Year 2021 -22 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 June 2020. 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 June 1, 2021. Staff Report Attachment 1 - Preliminary Fiscal Year 2021-22 General Fund Summary Attachment 2 - Preliminary Fiscal Year 2021-22 General Fund Reserves Item 8.3 - PowerPoint Presentation 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, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion. 8 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 3.1 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Employee Introductions: Shelby Perry and Norman Vales Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: New City of Dublin Staff members, Shelby Perry, Recreation Technician – Special Events with Parks and Community Services, and Norman Vales, Network Systems Coordinator with Information Services, will be introduced. STAFF RECOMMENDATION: Welcome the City of Dublin Staff members. FINANCIAL IMPACT: None. DESCRIPTION: New City of Dublin Staff members, Shelby Perry, Recreation Technician – Special Events with Parks and Community Services, and Norman Vales, Network Systems Coordinator with Information Services, will be introduced to the City Council. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: None. 9 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.2 DATE:April 20,2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Recognition of Camp Parks’ Sea Cadets Program Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will recognize the cadets of the Rear Admiral C.W. Parks Battalion U.S. Naval Sea Cadet Corps / Training Ship Pampanito Navy League Cadet Corps. STAFF RECOMMENDATION: Recognize the cadets. FINANCIAL IMPACT: None. DESCRIPTION: The U.S. Naval Sea Cadet Corps is a non-profit youth program for Americans ages 10 through 17, composed of more than 380 units in 38 states, Guam, and Puerto Rico. This organization provides compelling, life-changing programs that instill the values of teamwork, discipline, camaraderie, and service through its passionate all-volunteer force and its partnerships with the nation's armed forces. Each year, the most deserving cadets of the Rear Admiral C. W. Parks Battalion U.S. Naval Sea Cadet Corps / Training Ship Pampanito Navy League Cadet Corps are honored with a number of awards that distinguish them for modelling good citizenship and reflect their commitment to serving to our country. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. 10 Page 2 of 2 ATTACHMENTS: None. 11 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 4.1 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of the April 6, 2021 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the April 6, 2021 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the April 6, 2021 Regular City Council meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the April 6, 2021 Regular City Council meeting. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) April 6, 2021 Regular City Council Meeting Minutes 12 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Regular Meeting: April 6, 2021 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING APRIL 6, 2021 A Regular Meeting of the Dublin City Council was held on Tuesday, April 6, 2021, in the City Council Chamber and remotely via Zoom Communications. The meeting was called to order at 7:00 PM., by Mayor Hernandez. 1)Call to Order Attendee Name Status Melissa Hernandez, Mayor Present Shawn Kumagai, Vice Mayor Present Jean Josey, Councilmember Present Sherry Hu, Councilmember Present Michael McCorriston, Councilmember Present 2)Pledge of Allegiance 3)Oral Communications 3.1)National Victims’ Rights Week Proclamation The City Council presented a proclamation for National Victims’ Rights Week to the Alameda County District Attorney’s Office. 3.2)Public Comment Bruce Fiedler provided public comment. Inge Houston provided public comment. 4)Consent Calendar 4.1)Approved the March 16, 2021 Regular City Council Meeting Minutes and the March 19, 2021 Special City Council Meeting Minutes 4.2)Approved the following City Proclamations for the Month of April: Arbor Day Proclamation, Sexual Assault Awareness Month, Donate Life Month, Financial 13 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING APRIL 6, 2021 Capability Month, Child Abuse Prevention Month, Second Chance Month, and Fair Housing Month 4.3)Approved Tracts 8370, 8371 and 8373, Boulevard Neighborhoods 19, 20 and 24 4.4)Adopted Resolution No. 25-21 titled, "Approving a First Amendment to the Agreement Between the City of Dublin and CivicPlus (SeeClickFix)" 4.5)Adopted Resolution No. 26-21 titled, "Approving a First Amendment to Memorandum of Understanding (Dublin Place Shopping Center)" 4.6)Received the Report on Community Facilities District 2015-1 (Dublin Crossings) RESULT:ADOPTED [UNANIMOUS] MOVED BY:Jean Josey, Councilmember SECOND:Michael McCorriston, Councilmember AYES:Hernandez, Kumagai, Josey, Hu, McCorriston, 5)Written Communication -None. 6)Public Hearing 6.1)Weed and Combustible Refuse Abatement Order The City Council conducted a Public Hearing in accordance with Resolution 06- 21 (adopted February 2, 2021) declaring that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks, and property within the City of Dublin. Notice of this declaration was posted and letters sent to those property owners with violations. Mayor Hernandez opened the Public Hearing. Upon receiving no public comment, Mayor Hernandez closed the Public Hearing. By motion of Councilmember Josey, seconded by Vice Mayor Kumagai, and by unanimous vote the City Council directed Staff to continue the weed abatement process. 14 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING APRIL 6, 2021 RESULT:APPROVED [UNANIMOUS] MOVED BY:Jean Josey, Councilmember SECOND:Shawn Kumagai, Vice Mayor AYES:Hernandez, McCorriston, Hu, Kumagai, Josey 6.2)Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) (PLPA-2017-00018) The City Council considered a City-initiated Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review). The United States Supreme Court determined that content-based sign regulations violate the First Amendment and are unconstitutional. Staff proposed amendments to the City’s Sign Regulations to comply with the Supreme Court ruling, including modifications to replace content-based regulations and other non-substantive amendments to provide greater clarity, and companion amendments to ensure internal consistency within the Zoning Ordinance. Mayor Hernandez opened the Public Hearing. Upon receiving no public comment, Mayor Hernandez closed the Public Hearing. By motion of Councilmember McCorriston, seconded by Councilmember Josey, and by unanimous vote, the City Council Waived the Reading and Introduced the Ordinance Amending Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. RESULT:ADOPTED [UNANIMOUS] MOVED BY:Michael McCorriston, Councilmember SECOND:Jean Josey, Councilmember AYES:Hernandez, McCorriston, Hu, Kumagai, Josey 7)Unfinished Business -None. 8)New Business -None. 9)Other Business By consensus, the City Council directed Staff to bring a proclamation for the month of April as Arab American Heritage Month to the next City Council meeting. 15 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING APRIL 6, 2021 Mayor Hernandez called for a moment of silence in memory of Dublin Unified School District Trustee Catherine Kuo. 10)Adjournment Mayor Hernandez adjourned the meeting at 7:42 p.m. in memory of Trustee Catherine Kuo and the two members of the Dublin community, Maria Teixeira and Elizabeth Correia, that lost their lives this past weekend. Mayor ATTEST: City Clerk 16 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.2 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Acceptance of California Department of Justice Tobacco Grant Program Prepared by: Nate Schmidt, Captain Dublin Police Services EXECUTIVE SUMMARY: The City Council will consider entering into a Memorandum of Understanding with the California Department of Justice to accept the Tobacco Grant Program for Dublin Police Services. This grant will support the salary of one additional School Resource Officer for three fiscal years to assist in the increased enforcement of tobacco-related state laws and local ordinances. The grant will also support increased enforcement operations related to the illegal sales and marketing of tobacco, including e-cigarettes to minors. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research and Prevention Tax Act of 2016. FINANCIAL IMPACT: Grant funds are detailed in the table below. The eligible expenses include the salary of one additional School Resource Officer for Fiscal Years 2021-22, 2022-23, and 2023-24. Other eligible expenses include enforcement operation overtime costs and the purchase of a computer to track grant activities. There is no matching fund requirement for this grant. Grant Award Amount Category of Expenditure Budget FY 2021-2022 Budget FY 2022-2023 Budget FY 2023-2024 Personnel $276,590 $290,268 $304,781 Operating Expenses and Equipment $3,000 $0 $0 TOTAL AWARD AMOUNT $874,639 17 Page 2 of 3 DESCRIPTION: Staff conducted research on underage tobacco use in the City of Dublin and found that Dublin High School and the three middle schools have seen a sharp rise in tobacco usage and possession on campus. Several local tobacco retailers have been cited for selling tobacco to minors and on one occasion a retailer had their tobacco license revoked due to numerous violations. Staff also found an increase in complaints about students using tobacco and vape products in local parks, along the Iron Horse Trail, and behind Dublin High School. In response to this increase in underage tobacco use, on February 4, 2020, the City Council adopted an Ordinance Amending Chapter 4.40 to Title 4 of the Dublin Municipal Code prohibiting the sale of all flavored tobacco products as well as electronic smoking devices within the City of Dublin. Later in 2020, Staff submitted an application to the California Department of Justice seeking grant funds through Proposition 56 to supplement tobacco enforcement operations. Approved by California voters in 2016, Proposition 56 increased taxes on cigarettes and other tobacco products under the California Healthcare, Research and Prevention Tobacco Tax Act. The initiative allocates a portion of annual revenue to the California Department of Justice. As an example, $28.5 million was made available statewide in Fiscal Year 2020-21 to support local enforcement efforts to reduce the illegal sale of tobacco products to minors. On December 31, 2020, the California Department of Justice provided notification that the Dublin Police grant application for funds authorized under the Tax Act had been approved for funding in the amount of $874,639. The awarded grant funds will provide funding for the following increased tobacco-related enforcement activities for a three-year period, starting July 1, 2021: Salary and benefits for an additional School Resource Officer for Fiscal Years 2021-22, 2022-23 and 2023-24. This Officer will work on the school campuses and with surrounding business to provide enforcement and education as it relates to underage tobacco use. Quarterly enforcement operations at tobacco retailer businesses to ensure they are operating within state laws and local ordinances. Weekly proactive enforcement operations in problem areas where minors have historically engaged in tobacco use. Dublin Police Services Staff attendance at Department of Justice Tobacco Grant workshops to create educational programs which will be presented to both businesses and students. Weekly enforcement operations to identify alternative sources providing minors with tobacco products. One-time purchase of a computer to assist in tracking grant activities. The attached resolution allows the City to execute a Memorandum of Understanding with the California Department of Justice to accept the grant award. Dublin Police will submit quarterly invoices to the Department of Justice outlining the operational costs incurred in meeting the enforcement goals. 18 Page 3 of 3 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research and Prevention Tax Act of 2016. 2) Exhibit A to the Resolution - California Department of Justice Tobacco Grant Program Handbook, Budget Worksheet and Memorandum of Understanding. 19 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING ACCEPTING THE GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF JUSTICE UNDER THE CALIFORNIA HEALTHCARE, RESEARCH AND PREVENTION TAX ACT OF 2016 WHEREAS, Dublin Police Services Staff conducted extensive research of underage tobacco use in the City of Dublin and found an increase in tobacco use and possession in the high school and local middle schools; and WHEREAS, on February 4, 2020, the City Council adopted an Ordinance Amending Chapter 4.40 to Title 4 of the Dublin Municipal Code prohibiting the sale of all flavored tobacco products as well as electronic smoking devices within the City of Dublin; and WHEREAS, in an effort to increase enforcement of underage tobacco use the Dublin Police submitted a grant application to the California Department of Justice; and WHEREAS, on December 31, 2020, the California Department of Justice awarded the Dublin Police, Tobacco Grant Program funds in the amount of $847,639 through the California Healthcare, research and Prevention Tax Act of 2016; and WHEREAS, the Tobacco Grant Program provides funding for the salary and benefits of an additional School Resource Officer for Fiscal Years 2021-22, 2022-23, and 2023-24; and WHEREAS, the Tobacco Grant Program also provides funding for personnel overtime costs for additional tobacco enforcement operations and for the one-time purchase of a computer to track grant activities; and WHEREAS, the Dublin Police will submit quarterly invoices to the California Department of Justice outlining the operational costs to meet the enforcement goals; and WHEREAS, the California Department of Justice agrees to reimburse the City of Dublin for the actual expenditures in performing the Scope of Work included in the approved Grant Application. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to enter into a Memorandum of Understanding with the California Department of Justice accepting the Tobacco Grant Program funds and the Scope of Work included in the approved Grant Application; attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments to the Memorandum of Understanding and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: 20 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 21 Attachment 222 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.3 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Agreement with East Bay Pool Service Inc. for Pool and Water Slide Maintenance Services at The Wave Prepared by: Daniel Weber, Recreation Supervisor EXECUTIVE SUMMARY: The City Council will consider a service agreement with East Bay Pool Service Inc. for pool and waterslide maintenance at The Wave. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with East Bay Pool Service Inc. for Pool and Waterslide Maintenance Services. FINANCIAL IMPACT: Award of the contract with East Bay Pool Service Inc. will result in a cost not to exceed $254,045 through December 2022, which includes $230,950 for regular maintenance and inspections, plus a 10% contingency of $23,095 for additional repairs as needed. There is sufficient funding in the Fiscal Year 2020-21 Budget to fund the agreement through June 30, 2021, and funding for the subsequent fiscal year will be included in the future budget process. DESCRIPTION: On December 3, 2019, the City Council awarded an agreement for pool maintenance services to East Bay Pool Service Inc. and an agreement for waterslide maintenance services to USA Management Inc. USA Management Inc. later declined to sign the agreement. However, due to the COVID-19 pandemic, the waterpark never opened, and slide maintenance services were not needed in 2020. To secure a vendor who could perform the services for both pool and waterslide maintenance, a Request for Proposals (RFP) was released on January 11, 2021. Staff distributed the RFP to 27 vendors and received three bids. East Bay Pool Service Inc. submitted a proposal that best aligns with the City’s needs for monthly pool and waterslide maintenance and was the lowest bid 48 Page 2 of 3 received. Table 1 below summarizes the bids received and Table 2 provides a breakdown of East Bay Pool Service Inc.’s bid. Table 1: RFP Results Base Bid East Bay Pool Service Inc USA Management White Water West Industries Yearly Waterslide Maintenance Costs $19,575 $22,235 $47,129 Yearly Pool Maintenance Costs $113,140 $114,500 Did Not Bid/Incomplete 10% Contingency $13,271.50 $13,673.50 Total $145, 987 $150,409 Incomplete Bid Table 2: East Bay Pool Service Inc, Cost Detail May-September (5 Months)$10,560/month October-April (7 Months)$8,620/month As Needed Maintenance and Repairs $100/hour Emergency Response Time 30 minutes Semi-Annual Inspection $425.00 Annual Inspection $750.00 Pre-Season Waxing (Includes 8 Slides)$9,200 Post-Season Waxing (Includes 8 Slides)$9,200 Polishing as needed $150/hour High PSI Wash as needed $150/hour Table 3: East Bay Pool Service Inc, Total Agreement Cost Pool Maintenance May 2021 – September 2021 $10,560 5 months $52,800 October 2021 – April 2022 $8,620 7 months $60, 340 May 2022 – September 2022 $10,560 5 months $52,800 October 2022 – December 2022 $8,620 3 months $25,860 Semi Annual Inspection 2021 and 2022 $850 Annual Inspection 2021 and 2022 $1,500 Pre-Season waxing 2021 and 2022 $18,400 Post Season Waxing 2021 and 2022 $18,400 10% Contingency $23,095 Total $254,045 East Bay Pool Service Inc. has over 25 years of experience, including maintaining the Dublin Swim Center for over 20 years before it closed. Additionally, East Bay Pool Service Inc. currently maintains The Wave Waterpark, and Staff has been satisfied with the quality of work provided. 49 Page 3 of 3 Staff is recommending a service agreement for pool and slide maintenance expiring on December 31, 2022. If the City Council approves this agreement, it will replace the existing agreement with East Bay Pool Service Inc. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was provided to East Bay Pool Service Inc. ATTACHMENTS: 1) Resolution Approving an Agreement with East Bay Pool Service Inc. for Pool Maintenance and Waterslide Services 2) Exhibit A to the Resolution - Agreement Between the City of Dublin and East Bay Pool Service Inc. 3) Proposal - East Bay Pool Service Inc. 4) Request for Proposal 50 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH EAST BAY POOL SERVICE INC. FOR POOL AND WATERSLIDE MAINTENANCE SERVICES WHEREAS,the City of Dublin operates a year-round swimming pool and seasonal waterpark facility at the Emerald Glen Recreation and Aquatic Complex (The Wave); and WHEREAS, Staff issued a Request for Proposals (RFP) for pool and waterslide maintenance services at The Wave; and WHEREAS,the City received three responses to the RFP with one deemed incomplete, evaluated the responsive proposals, and determined that the proposed scope of services and approach presented by East Bay Pool Service Inc. best aligns with the City’s needs and was the lowest responsive bid; and WHEREAS,East Bay Pool Service Inc. is prepared to complete the work outlined in the Scope of Services section of the agreement attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with East Bay Pool Service Inc attached hereto as Exhibit A in an amount not to exceed $254,045 through December 31, 2022. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement and may make any necessary change to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 51 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 1 of 15 ON-CALL CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND EAST BAY POOL SERVICE, INC. THIS AGREEMENT for Pool and Waterslide Maintenance services is made by and between the City of Dublin (“City”) and East Bay Pool Service, Inc. (“Contractor”) (together sometimes referred to as the “Parties”) as of April 20, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services on on-call basis as described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein and/or by the respective Task Order. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, and/or any executed Task Orders, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2022, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor 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 Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. Section 2. COMPENSATION. This Agreement does not guarantee any amount of work for the Contractor. Task Orders will be developed and executed as needed and provided for in this Agreement. The Contractor shall be paid by the City only for completed services rendered under each approved individual Task Order. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work stated in the Task Order. Notwithstanding the foregoing, Contractor shall not receive total compensation under this Agreement in an amount over $254,045, notwithstanding any contrary indications that may be contained in          Attachment 2 52 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 2 of 15 Contractor’s proposal, for services to be performed under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments for completed work under an executed Task Order shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ƒ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ƒ The beginning and ending dates of the billing period; ƒ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ƒ A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work ƒ The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; ƒ The Contractor’s signature;          53 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 3 of 15 ƒ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor 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 Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a Task Order or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 [Intentionally deleted]. 2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any Task Orders, any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.          54 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 4 of 15 2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor 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 Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. The Wave Aquatic Facility (4201 Central Pkwy, Dublin, CA 94568) 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.          55 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 5 of 15 Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor 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 Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance          56 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 6 of 15 complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.          57 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 7 of 15 b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 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. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this          58 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 8 of 15 Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor 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 Contractor’s breach: ƒ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ƒ Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or ƒ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any          59 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 9 of 15 other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement.          60 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 10 of 15 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor 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. Contractor represents and warrants to City that Contractor 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, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.          61 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 11 of 15 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’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 Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver          62 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 12 of 15 those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.          63 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 13 of 15 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Further, the Contract Administrator has authority to approve Task Orders under this Agreement. 10.9 Notices. Any written notice to Contractor shall be sent to: East Bay Pool Service, Inc. Attn: James Vance 1547 Palos Verdes Mall #240 Walnut Creek, CA 94597 Any written notice to City shall be sent to: City of Dublin Attn: Daniel Weber 100 Civic Plaza Dublin, CA 94568          64 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 14 of 15 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule 10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE          65 Services Agreement between 4/20/2021 City of Dublin and East Bay Pool Service, Inc. Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN EAST BAY POOL SERVICE, INC. Linda Smith, City Manager Jim Vance, Owner Attest: Contractor’s DIR Registration Number (if applicable) Marsha Moore, City Clerk Approved as to Form: John Bakker, City Attorney 3706799.1          66 Services Agreement between [EFFECTIVE DATE] City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 1 of 6 EXHIBIT A SCOPE OF SERVICES PROJECT DESCRIPTION The Recreation and Aquatics Complex at Emerald Glen Park - The Wave Waterpark opened in May 2017 and is located at 4201 Central Parkway, Dublin, CA 94568. The award winning, 31,000 square foot Wave facility features a boardwalk-themed Waterpark including a six-waterslide tower featuring two speed slides, a children’s Splash Zone, an outdoor competitive sports pool, and an indoor natatorium (6-lane, 25-yard pool with three shallow water teaching bays, heated to 82-84 degrees). The City is seeking proposals from qualified pool and waterslide maintenance providers interested in handling the pre and post season maintenance for waterslides as well as regular pool maintenance as follows: WATER SLIDES In order to properly inspect, maintain and repair (if necessary) the two speed slides, repelling will be required. In order to complete this repelling requirement, contractors must be certified to do so. Documentation for all repairs that includes who made the repairs and the date, along with the scope of work should be submitted within five business days of repair. i. Description 1. Four Waterslides a. Slide A (Riptide Rider) – 251 ft b. Slide B (Golden Wave) – 199 ft c. Slide C (Mt. Diablue) – 245 ft d. Slide D (Shamrock Swirl) – 71 ft 2. Two Speed Slides (repelling work required) a. Slide E (Dublin Screamer Speed Slide) – 176 ft b. Slide F (Emerald Plunge Speed Slide– 154 ft 3. 6 Slide Runouts 4. Two Aqua Play Slides a. Slide G Tandem Slide – 14 ft b. Slide H Child’s Tub Slide – 36 ft ii. Proposed Operational Schedule 1. May 1 through September 30 a. 7 Days per week 2. October 1 through April 30 a. Closed iii. Other Services 1. Wax waterslides two times annually using “Stay Sealed” high gloss water slide protectant/sealant/wax to the complete surface of slide interior. a. Pre-season wax completed by April 1, 2021          67 Services Agreement between [EFFECTIVE DATE] City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 2 of 6 b. End of season wax completed by October 31, 2021 iv. Hand polish all slides as needed v. High-pressure water wash (up to 4,000 p.s.i.) using biodegradable degreasing 1. agent and steam/hot water blast where necessary, in order to remove any 2. grease, oil, loose paint, dirt and oxidation. vi. Perform Semi-Annual and Annual Inspections according to WhiteWater 1. guidelines (Attachments C and D), Semi-Annual Inspection to be completed by October 31 after waterpark operation concludes and the Annual Inspection to be completed by April 1, before waterpark operation begins. The inspection check list must be submitted within five business days after the inspection. This should include the date and names of inspectors, as well as their signatures signing off on the completed inspection. 2. Submit repair estimates for anything that needs to be repaired and returned to manufacturer standards. a. Check all joint caulking (Silkaflex 1a construction sealant by Silka needed) and provide an estimate for repairs of joints with partial, missing, or cracked caulking 3. Check operation of nozzles for Slide D (Shamrock Swirl) 4. Other preventative maintenance including inspection of fiberglass for cracking, joint separation, or other concerns as related 5. Replace annual parts as indicated by WhiteWater on the Dublin Screamer drop slide (Slide E) by April 1, 2021 6. Send roller bar out for DPT testing per ASTM E147/E1417M 7. Replace filter cartridge (part 380188) 8. Replace 4 solenoid valves (part 342044) 9. Replace both bumpers (part 334849) 10. Replace rollers 2 (part 379987) and set screws 4 (part 379833) Pools and Aquaplay vii. NATATORIUM (Indoor Pool) 1. Description of pool a. 160,000 Gallons b. 6,900 square foot surface area c. 6 - 25 Yard Lanes; 3 Shallow Teaching Bays 2. Proposed Operational Schedule a. Year Round b. 7 Days per Week 3. Daily Services a. Test the water chemistry b. Test the water chemistry at chemical controller and calibrate units as needed c. Add and/or adjust chemicals as needed          68 Services Agreement between [EFFECTIVE DATE] City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 3 of 6 d. Check pool temperature and make adjustments to maintain an optimal temperature of 82 to 84 degrees e. Empty/clean all skimmer baskets, vacuum pump strainers, and flow indicator filters f. Skim pool and clean gutters 4. Weekly Services a. Fully vacuum one time per week b. Test total alkalinity and calcium hardness 5. Bi-weekly Services a. Backwash Filters (or more often as needed) 6. Other Maintenance and Repair Services (as needed) a. On call availability when a maintenance or repair situation occurs b. Minimum response time of 30 minutes when maintenance issues occur during operational hours and impact the use of a pool or attraction c. Response time of 24 hours or less when maintenance issues do not impact the use of a pool or attraction viii. CHILDREN’S PLAY POOL (Splash Zone) 1. Description of pool a. Includes a WhiteWater Aqua Play structure and a variety of interactive play features b. 27,600 Gallons c. 4,945 square foot surface area 2. Proposed Operational Schedule a. May 1 through October 31 b. 7 Days per Week 3. Pre-Operation a. Install water features b. Inspect large tipping bucket assembly 4. Daily Services a. Test the water chemistry b. Test the water chemistry at chemical controllers and calibrate units as needed c. Add and/or adjust chemicals as needed d. Check pool temperature and make adjustments to maintain an optimal temperature of 78 to 80 degrees e. Empty/clean all skimmer baskets and vacuum pump strainers and flow indicator filters f. Skim pool and clean gutters g. Check operating pressure and flow to all effects          69 Services Agreement between [EFFECTIVE DATE] City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 4 of 6 h. Visually inspect climbing and safety nets i. Visually inspect web crawl tunnels 5. Weekly Services a. Vacuum entire pool biweekly from April thru October and Weekly November thru March b. Test total alkalinity and calcium hardness c. Visually inspect large tipping bucket assembly d. Visually inspect swinging bridge joints e. Inspect Aqua Play-1 Single and 2 Tandem waterslides f. Check operation of jets and nozzles and clean as required g. Check valve operating assemblies 6. Bi-weekly Services a. Backwash Filters (or more often as needed) b. Check operation of nozzles 7. End of Season a. Drain Play Structure for maintenance and repairs b. Inspect entire structure and submit a report with cost estimates for any repairs that are needed c. Clean components as needed d. Inspect paint and/or galvanizing and submit a report with cost estimates for any repairs that are needed, documentation for all repairs that includes who made the repairs and the date, along with the scope of work should be submitted within five business days. e. Remove, label, and store small parts f. Inspect large tipping bucket assembly 8. Other Services a. Wax waterslides two times annually. i. Pre-season wax completed by April 1 ii. End of Season wax completed by October 31 ix. WATERSLIDE MAINTENANCE 1. Daily Services a. Test the water chemistry of all slides b. Test the water chemistry at chemical controllers and calibrate units as needed c. Add and/or adjust chemicals as needed d. Check pool temperature (runouts) and make adjustments to keep at suggested temperature of 78 to 80 degrees e. Empty/clean all skimmer baskets and vacuum pump strainers, and flow indicator filters f. Skim all runout lanes          70 Services Agreement between [EFFECTIVE DATE] City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 5 of 6 g. Check all runout lanes for algae and take necessary steps to remedy 2. Weekly Services a. Fully vacuum all run out flumes two times a week during the months of June, July and August, and one time per week for the remainder of the year b. Test total alkalinity and calcium hardness c. Weekly draining of air compressor for drop slide 3. Bi-weekly Services a. Backwash Filters (or more often as needed) 4. Other Maintenance and Repair Services (as needed) a. On call availability when a maintenance or repair situation occurs b. Minimum response time of 30 minutes when maintenance issues occur during operational hours and impact the use of a pool or attraction c. Response time of 24 hours or less when maintenance issues do not impact the use of a pool or attraction x. COMPETITIVE POOL (Sports Pool) 1. Description a. 286,000 Gallons b. 6,173 square foot surface area c. 11 lanes 2. Proposed Operational Schedule a. October 1 through April 30 i. 5 Days per Week b. May 1 through September 30 i. 7 Days per Week 3. Daily Services a. Test the Water chemistry b. Test the water chemistry at chemical controllers and calibrate units as needed c. Add and/or adjust chemicals as needed d. Check pool temperature and make adjustments to keep at suggested temperature e. Empty/clean all skimmer baskets and vacuum pump strainers and flow indicator filters f. Skim the pool and clean gutters g. Check for algae and take necessary steps to remedy. 4. Weekly Services          71 Services Agreement between [EFFECTIVE DATE] City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 6 of 6 a. Fully vacuum pool two times per week b. Uncover and recover the pool as needed c. Test total alkalinity and calcium hardness d. Inventory pool chemicals 5. Bi-weekly Services a. Backwash Filters (or more often as needed) 6. General Maintenance a. Check the pool for algae and take necessary steps to remedy b. Other preventative maintenance c. Inventory pool chemicals d. General upkeep of the high-rate sand filters for each circulation system e. Check flow meters and pressure gauges f. Complete and submit checklists and maintenance reports 7. Other Maintenance and Repair Services (as needed) a. On call availability when a maintenance or repair situation occurs b. Minimum response time of 30 minutes when maintenance issues occur during operational hours and impact the use of a pool or attraction c. Response time of 24 hours or less when maintenance issues do not impact the use of a pool or attraction 8. Service Frequency a. October 1 through April 30 i. 5 days per week b. May 1 through September 30 i. 7 days per week ii. On days when air temperature exceeds 90 degrees, pools must be checked twice per day          72 Services Agreement between City of Dublin and East Bay Pool Service Inc. Exhibit B – Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE EAST BAY POOL SERVICE, INC. Regular Pool Maintenance May-September (5months) $10,560.00 October-April (7 months) $8,620.00 As Needed Maintenance and Repairs 100/Hour Response Time 30 minutes at $100/hr Waterslide Maintenance Semi Auto Inspection $425.00 Annual Inspection $750.00 Pre-Season Waxing Per Slide x8 $1,150 Post-Season Waxing per slide x8 $1,150 As Needed Slide Repairs Polishing 150/hr High PSI Wash $150/hr          73 POOL AND WATER SLIDE MAINTENANCE SERVICES -BID FORM Name of Company: £'AST 13A '-1 ?01:>l-. S c:R /1 L.E' Iµ c__. Contact Person: ::JAP\ E°? VAN C...C-Phone: 91.... 5 b<o � -+o� j Mailing Address: / > � =I-?A L-O 5 VG12 D.£ S )AA t-L. :t± d.'+ 0 Email: :rv'AtJ c.£ -=r=F+-cD G/AAL-, Gf�ite : �brools-er-11\ c.e. , CJ,� Regul ar Maintenance Services $ ./0 lj {tl()per month May through September $ � {p �0 per month October through April As Needed Maintenance and Repair Services $ lt>D per hour for repair work and emergency maintenance work _ _,,,3:;__0__ Response time for emergency repair or maintenance work I.Other Charges (if any) $ ____ for ______________________ _ $ ____ for ______________________ _ The Wave Wa terslide Maintenance $ L/7-'i Semi-Annual Inspection $ 750 Annual Inspection and Parts Replacement $ / / 5' D Pre-Season Waxing-f 02., 5u D � $II 'i O Post-Season Waxing!j)£f2-51-1 v � Other Ch�r�es (if any L-. $/�for tpl-l5UI/J b >W 0£ 2 $I ,o/fk for Jd-10� ?51 wJo.s l-+- 11 Attachment 3 74 1 REQUEST FOR PROPOSAL (RFP) Swimming Pool and Waterpark Maintenance for Aquatic Facilities The City of Dublin is requesting proposals for pool services and slide maintenance services for the award winning, 31,000 square foot Wave Aquatic Center located at Emerald Glen Park in Dublin, California. The boardwalk-themed Waterpark includes a six-waterslide tower featuring two speed slides, a children’s Splash Zone, a sports pool, and an indoor natatorium making this facility a great attraction year-round. The maintenance services requested include regularly scheduled pool cleaning and waterslide maintenance along with as-needed services for the contract period beginning March 1, 2021 through December 31, 2022. Interested persons are invited to submit their qualifications and proposals in response to this RFP. Process and General Conditions: 1.Proposers shall submit electronic copies by emailed PDF attachment only. Please do not submit via Cloud-based systems or links. 2.Each submission shall be sent to Daniel Weber at Daniel.Weber@dublin.ca.gov with the following subject line: Submittal for RFP for Pool and Waterpark and Maintenance. 3.The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. Proposals must be received by Thursday, January 28, 2021 before 5:00 pm Pacific Standard Time. Postmarks not accepted; faxes not accepted. Questions regarding this RFP shall only be submitted in writing and directed to Daniel Weber via email: Daniel.Weber@dublin.ca.gov All questions must be received via email by January 21, 2021 by 3:00pm. Attachment 4 75 2 PROJECT DESCRIPTION The Recreation and Aquatics Complex at Emerald Glen Park - The Wave Waterpark opened in May 2017 and is located at 4201 Central Parkway, Dublin, CA 94568. The award winning, 31,000 square foot Wave facility features a boardwalk-themed Waterpark including a six- waterslide tower featuring two speed slides, a children’s Splash Zone, an outdoor competitive sports pool, and an indoor natatorium (6-lane, 25-yard pool with three shallow water teaching bays, heated to 82-84 degrees). The City is seeking proposals from qualified pool and waterslide maintenance providers interested in handling the pre and post season maintenance for waterslides as well as regular pool maintenance as follows: WATER SLIDES In order to properly inspect, maintain and repair (if necessary) the two speed slides, repelling will be required. In order to complete this repelling requirement, contractors must be certified to do so. Documentation for all repairs that includes who made the repairs and the date, along with the scope of work should be submitted within five business days of repair. i. Description 1. Four Waterslides a. Slide A (Riptide Rider) – 251 ft b. Slide B (Golden Wave) – 199 ft c. Slide C (Mt. Diablue) – 245 ft d. Slide D (Shamrock Swirl) – 71 ft 2. Two Speed Slides (repelling work required) a. Slide E (Dublin Screamer Speed Slide) – 176 ft b. Slide F (Emerald Plunge Speed Slide– 154 ft 3. 6 Slide Runouts 4. Two Aqua Play Slides a. Slide G Tandem Slide – 14 ft b. Slide H Child’s Tub Slide – 36 ft ii. Proposed Operational Schedule 1. May 1 through September 30 a. 7 Days per week 2. October 1 through April 30 a. Closed iii. Other Services 1. Wax waterslides two times annually using “Stay Sealed” high gloss water slide protectant/sealant/wax to the complete surface of slide interior. a. Pre-season wax completed by April 1, 2021 76 3 b. End of season wax completed by October 31, 2021 iv. Hand polish all slides as needed v. High-pressure water wash (up to 4,000 p.s.i.) using biodegradable degreasing 1. agent and steam/hot water blast where necessary, in order to remove any 2. grease, oil, loose paint, dirt and oxidation. vi. Perform Semi-Annual and Annual Inspections according to WhiteWater 1. guidelines (Attachments C and D), Semi-Annual Inspection to be completed by October 31 after waterpark operation concludes and the Annual Inspection to be completed by April 1, before waterpark operation begins. The inspection check list must be submitted within five business days after the inspection. This should include the date and names of inspectors, as well as their signatures signing off on the completed inspection. 2. Submit repair estimates for anything that needs to be repaired and returned to manufacturer standards. a. Check all joint caulking (Silkaflex 1a construction sealant by Silka needed) and provide an estimate for repairs of joints with partial, missing, or cracked caulking 3. Check operation of nozzles for Slide D (Shamrock Swirl) 4. Other preventative maintenance including inspection of fiberglass for cracking, joint separation, or other concerns as related 5. Replace annual parts as indicated by WhiteWater on the Dublin Screamer drop slide (Slide E) by April 1, 2021 6. Send roller bar out for DPT testing per ASTM E147/E1417M 7. Replace filter cartridge (part 380188) 8. Replace 4 solenoid valves (part 342044) 9. Replace both bumpers (part 334849) 10. Replace rollers 2 (part 379987) and set screws 4 (part 379833) Pools and Aquaplay vii. NATATORIUM (Indoor Pool) 1. Description of pool a. 160,000 Gallons b. 6,900 square foot surface area c. 6 - 25 Yard Lanes; 3 Shallow Teaching Bays 2. Proposed Operational Schedule a. Year Round b. 7 Days per Week 77 4 3. Daily Services a. Test the water chemistry b. Test the water chemistry at chemical controller and calibrate units as needed c. Add and/or adjust chemicals as needed d. Check pool temperature and make adjustments to maintain an optimal temperature of 82 to 84 degrees e. Empty/clean all skimmer baskets, vacuum pump strainers, and flow indicator filters f. Skim pool and clean gutters 4. Weekly Services a. Fully vacuum one time per week b. Test total alkalinity and calcium hardness 5. Bi-weekly Services a. Backwash Filters (or more often as needed) 6. Other Maintenance and Repair Services (as needed) a. On call availability when a maintenance or repair situation occurs b. Minimum response time of 30 minutes when maintenance issues occur during operational hours and impact the use of a pool or attraction c. Response time of 24 hours or less when maintenance issues do not impact the use of a pool or attraction viii. CHILDREN’S PLAY POOL (Splash Zone) 1. Description of pool a. Includes a WhiteWater Aqua Play structure and a variety of interactive play features b. 27,600 Gallons c. 4,945 square foot surface area 2. Proposed Operational Schedule a. May 1 through October 31 b. 7 Days per Week 3. Pre-Operation a. Install water features b. Inspect large tipping bucket assembly 4. Daily Services a. Test the water chemistry 78 5 b. Test the water chemistry at chemical controllers and calibrate units as needed c. Add and/or adjust chemicals as needed d. Check pool temperature and make adjustments to maintain an optimal temperature of 78 to 80 degrees e. Empty/clean all skimmer baskets and vacuum pump strainers and flow indicator filters f. Skim pool and clean gutters g. Check operating pressure and flow to all effects h. Visually inspect climbing and safety nets i. Visually inspect web crawl tunnels 5. Weekly Services a. Vacuum entire pool biweekly from April thru October and Weekly November thru March b. Test total alkalinity and calcium hardness c. Visually inspect large tipping bucket assembly d. Visually inspect swinging bridge joints e. Inspect Aqua Play-1 Single and 2 Tandem waterslides f. Check operation of jets and nozzles and clean as required g. Check valve operating assemblies 6. Bi-weekly Services a. Backwash Filters (or more often as needed) b. Check operation of nozzles 7. End of Season a. Drain Play Structure for maintenance and repairs b. Inspect entire structure and submit a report with cost estimates for any repairs that are needed c. Clean components as needed d. Inspect paint and/or galvanizing and submit a report with cost estimates for any repairs that are needed, documentation for all repairs that includes who made the repairs and the date, along with the scope of work should be submitted within five business days. e. Remove, label, and store small parts f. Inspect large tipping bucket assembly 8. Other Services a. Wax waterslides two times annually. i. Pre-season wax completed by April 1 ii. End of Season wax completed by October 31 79 6 ix. WATERSLIDE MAINTENANCE 1. Daily Services a. Test the water chemistry of all slides b. Test the water chemistry at chemical controllers and calibrate units as needed c. Add and/or adjust chemicals as needed d. Check pool temperature (runouts) and make adjustments to keep at suggested temperature of 78 to 80 degrees e. Empty/clean all skimmer baskets and vacuum pump strainers, and flow indicator filters f. Skim all runout lanes g. Check all runout lanes for algae and take necessary steps to remedy 2. Weekly Services a. Fully vacuum all run out flumes two times a week during the months of June, July and August, and one time per week for the remainder of the year b. Test total alkalinity and calcium hardness c. Weekly draining of air compressor for drop slide 3. Bi-weekly Services a. Backwash Filters (or more often as needed) 4. Other Maintenance and Repair Services (as needed) a. On call availability when a maintenance or repair situation occurs b. Minimum response time of 30 minutes when maintenance issues occur during operational hours and impact the use of a pool or attraction c. Response time of 24 hours or less when maintenance issues do not impact the use of a pool or attraction x. COMPETITIVE POOL (Sports Pool) 1. Description a. 286,000 Gallons b. 6,173 square foot surface area c. 11 lanes 2. Proposed Operational Schedule a. October 1 through April 30 i. 5 Days per Week b. May 1 through September 30 80 7 i. 7 Days per Week 3. Daily Services a. Test the Water chemistry b. Test the water chemistry at chemical controllers and calibrate units as needed c. Add and/or adjust chemicals as needed d. Check pool temperature and make adjustments to keep at suggested temperature e. Empty/clean all skimmer baskets and vacuum pump strainers and flow indicator filters f. Skim the pool and clean gutters g. Check for algae and take necessary steps to remedy. 4. Weekly Services a. Fully vacuum pool two times per week b. Uncover and recover the pool as needed c. Test total alkalinity and calcium hardness d. Inventory pool chemicals 5. Bi-weekly Services a. Backwash Filters (or more often as needed) 6. General Maintenance a. Check the pool for algae and take necessary steps to remedy b. Other preventative maintenance c. Inventory pool chemicals d. General upkeep of the high-rate sand filters for each circulation system e. Check flow meters and pressure gauges f. Complete and submit checklists and maintenance reports 7. Other Maintenance and Repair Services (as needed) a. On call availability when a maintenance or repair situation occurs b. Minimum response time of 30 minutes when maintenance issues occur during operational hours and impact the use of a pool or attraction c. Response time of 24 hours or less when maintenance issues do not impact the use of a pool or attraction 8. Service Frequency 81 8 a. October 1 through April 30 i. 5 days per week b. May 1 through September 30 i. 7 days per week ii. On days when air temperature exceeds 90 degrees, pools must be checked twice per day TERM OF THE CONTRACT The term of this Agreement shall from March 1, 2021 and continuing through December 31, 2022. Notwithstanding the foregoing, this Agreement may be extended for up to two (2) years upon the written consent of both the Contractor and the City Manager. TIMELINE TASK DATE RFP Issued 1/11/2021 Site Tour 1/20/2021 Deadline for Questions 1/21/2021 Final Addendum (if needed) 1/25/2021 Proposal Due 1/28/2021 Contractor Interviews (if needed) Week of 2/1/2021 Final Selection 2/5/2021 FINANCIAL RELATIONSHIP The proposal should include all fees, including delivery charges for the described maintenance services. Invoices should be submitted to the City designee on a monthly basis. The City agrees to pay contractor 30 days after receiving a completed service invoice. The City has the right to contest an invoice prior to making payment. PROPOSAL SUBMISSION Original proposal and bid form must provide one electronic copy by emailed PDF attachment only. Please do not submit via Cloud-based systems or links received by Daniel Weber, Recreation Supervisor, City of Dublin, 100 Civic Plaza, Dublin, CA, 94568, by Friday, January 29th, 2021 by 5:00pm at Daniel.Weber@Dublin.ca.gov. A complete proposal should contain: 1. Biography of the organization and program experience 2. Professional references for the organization 3. Proposed maintenance plan 5. Proposed maintenance costs (Bid Form) 82 9 The proposal shall be signed by an officer or officers authorized to execute legal documents on behalf of the proposer and shall contain a statement to the effect that the proposal is a firm offer with terms of the proposal remaining valid for a 90-day period. PROPOSAL ACCEPTANCE Primary consideration will be given to the general appropriateness and completeness of the proposal for the services and the company’s willingness to work cooperatively with City Staff. The City reserves the right to reject all proposals that are incomplete or do not fulfill the requirements of this RFP. The Contractor will be selected based on the totals within “City Criteria for Contractor” section. CONDITIONS The Agreement will be awarded only to a responsible company. In order to qualify as responsible, a prospective Contractor must meet the following standards as they pertain to this RFP. The Contractor must have adequate experience in the following: 1. Waterslide Maintenance at similar size facilities or larger. 2. Expertise in bringing facilities up to OSHA Standards and passing on the first inspection. 3. The Contractor must be able to comply with all requirements listed in the RFP. 4. The Contractor must have a satisfactory record of contractual performance from listed references. 5. The Contractor must maintain all liability insurance requirements and licenses as listed in the final contract. The ability and willingness to enter into an agreement with City as required on the sample agreement “Attachment A”. CITY CRITERIA FOR SELECTING VENDOR The City’s criteria in selecting a Contractor will include but is not limited to: The Contractor’s Overall proposal considering financial proposal, qualifications, experience in Waterslide Maintenance as well as meeting the City’s background and reference checks. Biography of the organization and Project Experience 20 Organization professional references 20 Proposed maintenance Plan 20 Proposed maintenance Cost 40 LIMITATIONS The City reserves the right to extend the time allotted for the proposal to examine the Contractor in person and to request and review a best and final offer, should the City deem that it is in its best interest to do so. This Request for Proposal does not commit the City to award an Agreement, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to accept or 83 10 reject any or all proposals received as a result of this Request for Proposal, to negotiate with any qualified Contractor, or to cancel this request in part or in its entirety. The City may require the selected Company to participate in negotiations and to submit such technical, price, or other revisions to their proposal as may result from negotiations. Attachment A -Agreement Attachment B – Map of Park Attachment C – Whitewater Slide Manual Attachment D – Whitewater Drop-Slide Manual 84 11 POOL AND WATER SLIDE MAINTENANCE SERVICES - BID FORM Name of Company: Contact Person: Phone: Mailing Address: Email: Website: Regular Maintenance Services $ per month May through September $ per month October through April As Needed Maintenance and Repair Services $ per hour for repair work and emergency maintenance work Response time for emergency repair or maintenance work I.Other Charges (if any) $ for $ for The Wave Waterslide Maintenance $ Semi-Annual Inspection $ Annual Inspection and Parts Replacement $ Pre-Season Waxing $ Post-Season Waxing Other Charges (if any) $ for $ for 85 12 Attachment A – Sample Agreement Please Note: This is a template agreement and the City reserves the right to make changes to the final contract before execution. (removed for April 20, 2021 Staff Report) 86 13 Attachment B – Map of Park 87 14 Attachment C – Whitewater Waterslide Manual (removed for April 20, 2021 Staff Report) 88 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 4.4 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Establishing the California Environmental Quality Act (CEQA)Transportation Thresholds of Significance for Vehicle Miles Traveled (VMT) Pursuant to Senate Bill 743 Prepared by: Pratyush Bhatia, Transportation and Operations Manager, and Sai Midididdi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY: The City Council will consider establishing the California Environmental Quality Act (CEQA) Transportation Thresholds of Significance for Vehicle Miles Traveled (VMT) Pursuant to Senate Bill 743. STAFF RECOMMENDATION: Adopt the Resolution Establishing the California Environmental Quality Act (CEQA) Transportation Thresholds of Significance for Vehicle Miles Traveled (VMT) Pursuant to Senate Bill 743. FINANCIAL IMPACT: Staff does not anticipate financial impacts resulting from establishing the CEQA Transportation Thresholds of Significance. DESCRIPTION: In September 2013, the California Legislature passed Senate Bill 743 (Steinberg) that shifts the focus of transportation analysis from driver delay to reduction of greenhouse gas emissions, creation of multi-modal networks, and promotion of a mix of land uses. Historically, transportation analysis under California Environmental Quality Act (CEQA) was based on Level of Service (LOS), as measured by roadway capacity or congestion and vehicle delay. SB 743 eliminates LOS as the metric to assess significant transportation impacts under CEQA. 89 Page 2 of 4 To align transportation analysis with state goals for climate change and active transportation, the Governor’s Office of Policy and Research (OPR) developed guidelines for new metrics to use in CEQA transportation analyses. In December 2018, OPR published a technical advisory document, based on stakeholder engagement and feedback, which identified Vehicle Miles Traveled (VMT) as the new required metric. Starting July 1, 2020, VMT became the required metric for all new CEQA analyses. VMT counts the number of miles traveled by vehicles that are generated by or attracted to the project. It captures motorized trip generation rates, thereby accounting for the effects of project features and its surroundings, such as proximity to mass transit. VMT analysis also captures trip length, and so can account for regional location, which is the most important single determinant of vehicle travel. Although VMT is based on the number of auto trips only and not on the number of trips by other modes, a lower VMT is indicative of areas in which other modes, such as public transit and bicycling, are more utilized. In addition to setting VMT as the official metric for CEQA analyses, OPR developed recommendations on metrics, significance thresholds, and geographic areas over which to apply them. OPR recommendations are not mandatory requirements on local agencies. Therefore, the City can adopt its own thresholds based on local conditions and supported by substantial evidence. OPR recommendations for metrics and thresholds for various project types include: 1. Residential Projects: OPR recommendsaverage existing VMT per capita (total VMT divided by the residential population of the region) as the metric for residential uses. It also recommends that the threshold of significance should be defined as 15 percent below the regional average. In other words, a project that generates a VMT per capita that is more than 85 percent of existing VMT may result in a significant impact. 2. Office Projects: OPR recommends existing average VMT per employee (total VMT divided by the total worker population of a region) as the metric for office projects. Like residential projects, OPR recommends that the threshold of significance should be defined as 15 percent below the regional average for office projects. An office or employment project would have a significant impact if its average VMT per employee is more than 85 percent of the existing regional average. 3. Retail Projects: OPR recommends estimating total VMT in an area as the metric to assess retail projects. A determination of a significant impact would be based on measuring the net decrease or increase in VMT in the study area with and without the project. An impact may occur if there would be an increase in total VMT resulting from the project. Staff performed a detailed review of the OPR’s recommendations for the VMT metrics and thresholds of significance and concluded they are generally appropriate for use in Dublin. However, Staff determined that the geographic area against which these thresholds should be applied to or compared to, should be modified based on local conditions. Staff reviewed four different geographic areas to use for the region over which to apply the metrics. These regions and the Staff’s conclusions are as follows: 90 Page 3 of 4 1. Nine-County Bay Area – The diversity of travel patterns and development, large size, and minimal policy and planning applicability at the local level make the Nine-County Bay Area unsuitable as the regional VMT comparison. 2. Alameda County – Cities in eastern Alameda County have significantly different travel patterns, diversity, and topographic features than areas in the inner County communities. As such, using the entire County is not representative of conditions in the Tri-Valley. 3. City of Dublin – A review of trip characteristics in the City of Dublin show that fewer than 20% of residential and commercial trips produced within the City of Dublin stay within City boundaries. Therefore, this geographic area is too small to be selected as representing regional VMT for Dublin. 4. Planning Area 4 (East Planning Area) – This geographic area represents the eastern planning area for Alameda County Transportation Commission (ACTC) and includes Dublin, Livermore, and Pleasanton. The overlap that Planning Area 4 provides between the County’s planning efforts and ACTC’s travel demand modeling makes Planning Area 4 Staff’s recommended geographic area for assessing VMT.This region as the recommended option would also facilitate effective Transportation Demand Management measures and implementation by providing the opportunity to coordinate with other cities in Planning Area 4. In conclusion, Staff recommends establishing the following metrics, thresholds of significance, and geographic area when assessing potential VMT impacts under CEQA for projects within the City of Dublin: 1. Residential Projects: A significant impact occurs if a Proposed Project average VMT per capita is greater than 15 percent below the existing Planning Area 4 average. 2. Office Projects: A significant impact occurs if a Proposed Project average VMT per employee is greater than 15 percent below the existing Planning Area 4 average. 3. Retail Projects: A significant impact occurs if a Proposed Project causes a net increase in total VMT. The total VMT for Planning Area 4 with and without the Proposed Project is calculated. The difference between the two scenarios is the net change in total VMT that is attributable to the Proposed Project. 4. Other Development Projects: Staff will determine the applicable thresholds on a case-by- case basis based on the land use type, project description, and setting. Other Development Projects may include schools, institutional uses, medical facilities, hotels, etc. Generally, these projects will be analyzed based on how similar they are to residential, office, or retail projects. Residential and Office Land Use VMT maps (Attachment 2) show which parts of the City fall under the thresholds and which fall above the thresholds based on the current land uses at these properties. 91 Page 4 of 4 SB 743 does not preclude the use of LOS for operational analysis, but LOS may no longer be used as a method for evaluating a project's potential transportation impacts under CEQA. Dublin’s General Plan Section 5.2.2.A.6 will continue to require LOS-based analysis outside of CEQA to assess traffic impacts. Next Steps Staff will finalize the draft Transportation Impact Analysis Guidelines (Attachment 3), which are currently updated based on the recommended thresholds and metrics. The TIA Guidelines document provides direction to Staff, applicants, and consultants on the requirements to evaluate transportation impacts for projects in the City. It is intended to: 1. Promote conformance with applicable City and state regulations. 2. Provide evaluation consistent with the California Environmental Quality Act (CEQA). 3. Ensure consistency in preparation of studies by applicants and consultants. 4. Provide predictability in content for Staff and the public in reviewing studies. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted, and a public notice was published in the East Bay Times. ATTACHMENTS: 1) Resolution Establishing the California Environmental Quality Act (CEQA) Transportation Thresholds of Significance for Vehicle Miles Traveled (VMT) Pursuant to Senate Bill 743 2) Residential and Office Land Use VMT Maps 3) Draft Transportation Impact Analysis (TIA) Guidelines 92 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 Attachment 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TRANSPORTATION THRESHOLDS OF SIGNIFICANCE FOR VEHICLE MILES TRAVELED (VMT) PURSUANT TO SENATE BILL 743 WHEREAS,In September 2013, the California Legislature passed Senate Bill 743 (Steinberg) that shifts the focus of transportation analysis from driver delay to reduction of greenhouse gas emissions, creation of multi-modal networks, and promotion of a mix of land uses; and WHEREAS,historically, transportation analysis under California Environmental Quality Act (CEQA) was based on Level of Service (LOS), as measured by roadway capacity or congestion and vehicle delay, and SB 743 eliminates LOS as the metric to assess significant transportation impacts under CEQA; and WHEREAS,in December 2018, to align transportation analysis with state goals for climate change and active transportation, the Governor’s Office of Policy and Research (OPR) developed guidelines for new metrics to use in CEQA transportation analyses; and WHEREAS,OPR recommendations are not mandatory requirements on local agencies; therefore, the City can adopt its own thresholds based on local conditions if supported by substantial evidence; and WHEREAS,Staff evaluated and determined that Vehicle Miles Traveled (VMT), an estimate of the amount and distance people drive by vehicle to reach a destination, is an appropriate metric for evaluating transportation impacts under CEQA analysis per OPR’s guidelines; and WHEREAS,Staff evaluated and determined that Planning Area 4, representing the eastern geographic planning area that includes cities of Dublin, Livermore, and Pleasanton for Alameda County Transportation Commission (ACTC), is the appropriate geographic planning area that VMT thresholds should apply to, as it also overlaps with the ACTC’s planning efforts in this region and travel demand modeling; and WHEREAS,Staff evaluated and determined that the appropriate thresholds of significance for residential projects and office projects is at 15% below the existing Planning Area 4 VMT averages and is at no net increase in VMT for retail projects per OPR’s guidelines; and WHEREAS,Staff evaluated and determined that the appropriate thresholds of significance for other development projects will be decided by Staff on a case-by-case basis depending on how close the proposed land use is to residential, office, or retail projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin establishes VMT as the metric to measure transportation impacts under CEQA analysis. 93 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 Attachment 1 BE IT FURTHER RESOLVED that the City Council of the City of Dublin establishes the following thresholds of significance and geographic area when assessing potential VMT impacts under CEQA. 1.Residential Projects: A significant impact occurs if a Proposed Project average VMT per capita is greater than 15% below the existing Planning Area 4 average. 2.Office Projects: A significant impact occurs if a Proposed Project average VMT per employee is greater than 15% below the existing Planning Area 4 average. 3.Retail Projects: A significant impact occurs if a Proposed Project causes a net increase in total VMT. The total VMT for Planning Area 4 with and without the Proposed Project is calculated. The difference between the two scenarios is the net change in total VMT that is attributable to the Proposed Project. 4.Other Development Projects: Staff will determine the applicable thresholds on a case-by- case basis based on the land use type, project description, and setting. Other Development Projects may include, but are not limited to schools, institutional uses, medical facilities, hotels, etc. Generally, these projects will be analyzed based on how similar they are to residential, office, or retail projects. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 94 Planning Area 4 - Residential 95 Planning Area 4 - Office 96 TRANSPORTATION IMPACT ANALYSIS GUIDELINES City of Dublin, CA February 16, 2021 97 Table of Contents 1. Introduction ................................................................................................................................... 1 1.1. Which Projects Require a Transportation Impact Analysis? .................................................. 1 1.2. Developing the Scope of Work ............................................................................................... 1 2. Project Summary ............................................................................................................................ 2 2.1. Project Description ................................................................................................................. 2 2.2. Study Area Description ........................................................................................................... 2 3. Local Transportation Analysis ........................................................................................................ 3 3.1. TRIP GENERATION and Distribution Documentation ............................................................. 4 3.1.1. Identification of Potential Study Locations ..................................................................... 4 3.1.2. Trip Generation ............................................................................................................... 4 3.1.3. Trip Distribution .............................................................................................................. 5 3.2. Site Plan Review ...................................................................................................................... 5 3.3. Operations Analysis ................................................................................................................ 7 3.3.1. Data Collection and Study Periods .................................................................................. 7 3.3.2. Study Scenarios ............................................................................................................... 7 3.3.3. Future Traffic Volume Forecasting Methodology ........................................................... 8 3.3.4. Operations Analysis Methodology .................................................................................. 8 3.3.5. Level of Service Standards .............................................................................................. 8 3.3.6. Other Analysis Requirements ....................................................................................... 10 3.3.7. Cross-Jurisdictional Analysis ......................................................................................... 11 3.3.8. Analysis Discussion ........................................................................................................ 11 4. CEQA Transportation Analysis ..................................................................................................... 12 4.1. Consistency with Adopted Plans .......................................................................................... 14 4.2. VMT Screening ...................................................................................................................... 14 4.2.1. Small Projects ................................................................................................................ 17 4.2.2. Affordable Housing ....................................................................................................... 17 4.2.3. Local Serving Retail and Public Services ........................................................................ 17 4.2.4. High-Quality Transit Area (HQTA) ................................................................................. 18 4.2.5. Project Located in Low VMT Areas ............................................................................... 19 4.2.6. Consistency with RTP/ SCS ............................................................................................ 19 98 4.3. Detailed VMT Analysis .......................................................................................................... 19 4.3.1. Efficiency Metrics (VMT per Capita and VMT per Employee)....................................... 20 4.3.2. Total VMT ...................................................................................................................... 20 4.3.3. Exclusion of Truck VMT ................................................................................................. 20 4.3.4. Thresholds of Significance ............................................................................................. 21 4.3.5. Redevelopment Projects ............................................................................................... 21 4.3.6. Land Use Plans .............................................................................................................. 22 4.3.7. Cumulative Impacts....................................................................................................... 22 4.4. Mitigation ............................................................................................................................. 22 4.5. Transportation Projects ........................................................................................................ 24 4.5.1. Determining Need for Detailed VMT Analysis .............................................................. 24 4.5.2. VMT Analysis for General Plan or RTP/SCS Projects ..................................................... 24 4.5.3. VMT Analysis Methodology and Tools .......................................................................... 25 4.5.4. Mitigation for Transportation Projects ......................................................................... 25 99 Page | 1 1. INTRODUCTION This Transportation Impact Analysis Guidelines document provides guidance to City staff, applicants, and consultants on the requirements to evaluate transportation impacts for projects in the City of Dublin (City). It is intended to:  Promote conformance with applicable City and state regulations;  Provide evaluation consistent with the California Environmental Quality Act (CEQA);  Ensure consistency in preparation of studies by applicants and consultants; and  Provide predictability in content for staff and the public in reviewing studies. Although these guidelines are intended to be comprehensive, not all aspects of every transportation analysis can be addressed in this framework. City staff reserve the right to use judgement to request exemptions and/or to modify requirements for specific projects at the time of the review application. 1.1. WHICH PROJECTS REQUIRE A TRANSPORTATION IMPACT ANALYSIS? A Transportation Impact Analysis (TIA) prepared by a qualified consultant, working at the direction of the City, is required for most projects. For projects subject to CEQA, the TIA must include an evaluation that addresses the CEQA statute. In addition, the TIA must include a local operational evaluation. The level of analysis will vary based on the size, type and location of the project. A TIA for a simple project may include trip generation estimates, brief documentation of VMT for CEQA compliance, and a site plan review. More complex projects may require a detailed VMT analysis, and an intersection operations analysis documenting the project’s effect on the local transportation infrastructure. 1.2. DEVELOPING THE SCOPE OF WORK Table 1 shows the top-level elements to include in a scope of work. For all projects, a pre- application/transportation scoping meeting should be scheduled between City staff and the transportation consultant to address how these guidelines are applied to the proposed project. This is required for projects generating more than 50 trips in a peak hour. Following the scoping meeting, the transportation consultant should prepare a draft scoping memorandum for review and approval by City staff. Key items required in a scoping memorandum include: • Identify travel demand model to be used if performing a detailed VMT analysis. • Selected study intersections based on guidance provided in this document. • Trip generation assumptions including any proposed reductions for pass-by, internal capture, and travel demand management. • Trip distribution and assignment assumptions and brief justification. • Proposed time periods for transportation counts. 100 Page | 2 • Proposed intersection analysis tool (Vistro, Synchro, etc.). • Project vicinity maps showing traffic assignment, location of the project, and proposed study intersections. Table 1: Typical Study Components Topic Subtopics Passes CEQA Screen Does Not Pass CEQA Screen TIA Section <= 50 Peak Hour Trip Generation > 50 Peak Hour Trip Generation Project Summary Project Description x x x 2.1 Study Area Description x x x 2.2 Local Transportation Analysis Trip Generation x x x 3.1 Site Plan Review x x x 3.2 Operations Analysis x x 3.3 CEQA Transportation Analysis Consistency with Plans x x x 4.1 CEQA VMT Screening x x x 4.2 Detailed VMT Analysis x 4.3 Mitigations (if applicable) x 4.4 City staff will make reasonable, good faith efforts to review the draft scope within 10 business days of receipt and request revisions as needed. 2. PROJECT SUMMARY All transportation impact analyses will include a project summary including a project description and a study area description. 2.1. PROJECT DESCRIPTION All transportation impact analyses must include a project description with the following information: • Site plan including address and cross streets. • Existing and proposed total gross square footage for each land use type and number of residential units and hotels rooms. 2.2. STUDY AREA DESCRIPTION The transportation review should provide a brief but complete description of existing transportation infrastructure and conditions in the vicinity of the project. The study area selected 101 Page | 3 and covered in this description must be justified such that the reasoning can be easily understood. Key elements include but are not limited to: • Roadway description of key roadways in the study area including: o Number and width of lanes; o Average daily traffic volumes (where known from studies performed within the past three years); o Traffic calming devices (e.g., traffic circles, bulb-outs and speed bumps), o Sidewalk characteristics; o Presence of bicycle facilities; and o On-street parking. • Map showing current transit routes in the study area and the closest transit stop to the project. • Map showing existing and proposed bicycle facilities in the study area. • If the project is anticipated to generate truck traffic, a map of existing truck routes in the study area. 3. LOCAL TRANSPORTATION ANALYSIS A local transportation analysis is required for development projects to evaluate potential impacts on the circulation network, primarily on local access and circulation in the proximity of a project site. This analysis is required for conditions of approval and is outside the CEQA review process. Traffic impacts caused by a development project are considered to be unacceptable and warrant improvements if the addition of project traffic results in intersection level of service exceeding the acceptable level established in the General Plan1; where there may be safety hazards created; or where there may be other substantial effects on the circulation system. This analysis would address traffic operations, safety issues and needed project design features related to a proposed development project, as well as site access and internal circulation. The level of local transportation analysis is dependent on the proposed project. Project’s generating less than 50 vehicle trips during a peak hour are only required to submit trip generation and distribution documentation. Projects larger than 50 trips must also include operational analyses at the identified study locations. 1 The City strives to phase development and roadway improvements so that the operating Level of Service (LOS) for intersections in Dublin does not exceed LOS D. However, intersections within the Downtown Dublin Specific Plan area (including the intersections of Dublin Boulevard/San Ramon Road and Village Parkway/Interstate 680 on- ramp) are excluded from this requirement and may operate at LOS E or worse as long as the safety for pedestrians and bicyclists is maintained and impacts to transit travel speeds are minimized . 102 Page | 4 3.1. TRIP GENERATION AND DISTRIBUTION DOCUMENTATION Trip generation and distribution documentation must be provided for all projects proposed for development in Dublin. Details of the requirements for this documentation are described in this section. 3.1.1. Identification of Potential Study Locations The first step in the trip generation and distribution documentation is to identify potential locations where the project may affect the transportation infrastructure. At a minimum, signalized and unsignalized intersections that fall into the following categories should be identified: • Project driveways • All intersections of streets adjacent to the project site • Major intersections of collector or higher classified streets where the project traffic could significantly affect operations The study should also examine any other locations necessary as determined by City staff. 3.1.2. Trip Generation Trip generation should be based on one or more of the following:  Institute of Transportation Engineers (ITE) Trip Generation Manual (most current edition) o When the land use has a limited number of studies to support the trip generation rates or when the Coefficient of Determination (R2) is below 0.75, consultation with the City and those preparing the analysis is recommended.  Local trip generation rates are acceptable if appropriate validation is provided to support them.  Mixed-use trip reductions are allowed but must follow methods from approved sources such as ITE or NCHRP.  Pass-by trip2 reductions must be justified from approved sources and are only considered for retail-oriented development. Determination of pass-by trips will be based on the ITE procedures and will be approved by the City’s Traffic Engineer. The justification for exceeding a five percent reduction should be discussed in the documentation. 2 Pass-By - Traffic already on the way from an origin to a primary trip destination that will make an intermediate stop at the site being studied without a route diversion. 103 Page | 5  Internal capture3 trip reductions are allowed and will be based on the ITE procedures and will be approved by the City’s Traffic Engineer. The justification for exceeding a five percent reduction should be discussed in the documentation.  Diverted4 trips require consultation with the City.  All trip reductions may be capped by the City Traffic Engineer.  All assumptions shall have proper citation and justification for their use in the local transportation analysis and must be approved by the City Engineer. Projected daily and AM and PM peak hour trips for the proposed project shall be summarized in a table. Trip generation rates, factors and source should be provided. The totals for the inbound and outbound trips shall be provided in the table. 3.1.3. Trip Distribution Trip distribution should be developed, and project trips assigned to the study intersections using either existing travel patterns and relative locations of complementary land uses, or a travel demand model select zone run (in consultation with City staff). A figure illustrating the percentage of peak hour traffic going to and from various destinations along the transportation network shall be provided. A figure illustrating peak hour project only trips at the study intersections (including project driveways) shall be provided based on the trip distribution. 3.2. SITE PLAN REVIEW A site plan review is required for all development projects and as requested by the City Traffic Engineer. It is essential to have a transportation professional review the proposed site plan and make recommendations on how site circulation and access for all modes can be improved. Key elements of a site plan review that need to be discussed include:  Vehicle Parking – Identify and compare the project’s: o Proposed parking supply; o Parking requirements from the Dublin Municipal Code (DMC) (including ADA requirements); o Bicycle parking supply will also be compared to code requirements; and o Parking stall depth and length in relation to code requirements. 3 Internal Capture - Traffic associated with multi-use developments where trips among various land uses can be made on the site being studied without using the major street system. These trips can be made either by walking or by vehicles using internal roadways 4 Diverted - Traffic attracted to the site being studied from adjacent facilities without direct access to the site. A diverted trip example is a through trip on a freeway that diverts to an exit and a development, adding traffic to the local road but removing traffic from the freeway. 104 Page | 6  Bicycle Parking – Identify and compare the project’s short-term and long-term bicycle parking against requirements in the DMC. (This is per Green Building code and if any requirements that are/may be proposed in Bicycle and Pedestrian Master Plan). The location of the bicycle parking on the site and its accessibility should also be assessed.  Vehicle Site Circulation – Identify any potential vehicle conflict points when accessing or circulating within the site.  Pedestrian and Bicycle Site Circulation – Identify any potential pedestrian and bicycle conflict points accessing or circulating within the site. Pedestrian routes between the project and the closest bus stop should also be assessed to determine if adequate pedestrian facilities are provided.  Large Vehicle Site Circulation – Create turn templates showing site access and circulation for the largest of either emergency, garbage, service, or delivery vehicles.  Drop Off and Loading Zones – Evaluate the adequacy of drop off or loading zones as applicable to the project.  Sight Distance – Review the available sight distance at the proposed project access points. This review should include visibility triangles on landscape plans. Attachment E provides a high-level checklist of items to consider when reviewing site plans. 105 Page | 7 3.3. OPERATIONS ANALYSIS Projects anticipated to generate more than 50 vehicle trips in the peak hour are required to perform an operations analysis of access points to a project site and at key intersections where traffic created by a project may affect operations. This operations analysis is in addition to the trip generation and distribution documentation and the site plan review. The requirements of this operations analysis are included in this section. 3.3.1. Data Collection and Study Periods Traffic counts should be collected and included in the Appendix. Available existing counts can be used if they are less than two years old and the traffic volumes have not been significantly changed due to more recent development in the vicinity. The City may allow the use of older data or alternative data collection sources due to atypical conditions that may be causing a substantial disruption of traffic patterns or volumes such as long-term roadway construction or closures, severe disruptions of economic, employment activity and widespread mandated closures of public and private institutions. The City Traffic Engineer or their designee shall approve all requests to use other available traffic counts. Common rules for conducting traffic counts include but are not limited to:  Peak hour turning movement volumes shall be conducted on Tuesdays, Wednesdays, or Thursdays during weeks not containing a holiday. Counts shall be conducted in favorable weather conditions.  Counts shall be collected when schools and colleges are in ses sion, but not during the first two weeks that the schools and colleges are in session. Counts collected when schools and colleges are not in session shall be approved by the City Engineer, including a methodology for adding historical school traffic volumes into the analysis.  Two-hour peak period vehicular, bicycle, and pedestrian volumes shall be collected for all study intersections for the weekday AM and weekday PM periods, or unless otherwise specified (such as midday or weekend peak periods). To eliminate unnecessary analysis, consultation between the City, and those preparing the TIA is required during the early planning stages of a project to determine the exact time periods for data collection. 3.3.2. Study Scenarios Intersection levels of service should be analyzed for the following scenarios: • Existing Conditions • Opening Year Conditions • Opening Year Plus Project Conditions (project-generated traffic added to Opening Year volumes) • Cumulative Conditions (based on the current cumulative year travel demand model) 106 Page | 8 • Cumulative Plus Project Conditions (project-generated traffic added to cumulative traffic volumes) For projects anticipated to be completed in phases, an interim year analysis for the opening of each phase may be required. Please consult with the City Traffic Engineer for determination of interim years if the project is phased. 3.3.3. Future Traffic Volume Forecasting Methodology The local or regional travel demand model should reflect the most current land use and planned improvements (i.e., where programming or funding is secured). When a general plan build-out model is not available, the closest forecast model year to build-out should be used. Any changes made to the model to accommodate the proposed project should be clearly identified in the TIA. If a travel demand model is not available, historical growth rates and current trends can be used to project future traffic volumes. City staff must approve alternative methods to develop future volumes such as general growth rates. 3.3.4. Operations Analysis Methodology Existing, Opening Year, Opening Year Plus Project, Cumulative, and Cumulative Plus Project intersection levels of service must be evaluated for all study intersections using the most recent edition of the Highway Capacity Manual (HCM) methodology. The analysis software used to implement the HCM (Vistro, Synchro, HCS, etc.) should be verified with the City prior to beginning the analysis. 3.3.5. Level of Service Standards Level of service (LOS) is a standard performance measurement to describe the operating characteristics of a street system in terms of the level of congestion or delay experienced by motorists. Service levels range from A through F, which relate to traffic conditions from least congested, (free-flowing conditions) to most congested (total breakdown with stop-and-go operations). The relationship between level of service and delay are described in the HCM. The performance standard5 for intersections in Dublin is to maintain no worse than LOS D as the acceptable for most signalized intersections within the City. Intersections within the Downtown Dublin Specific Plan area (including the intersections of Dublin Boulevard/San Ramon Road and Village Parkway/Interstate 680 on-ramp) may operate at LOS E or worse as long as the safety for pedestrians and bicyclists is maintained and negative effects to transit travel speeds are minimized . 5 City of Dublin General Plan Section 5.2.2 107 Page | 9 3.3.5.1. Signalized Intersections The local transportation analysis should note intersections that perform unacceptably under no project and/or plus project conditions, and necessary improvements that can be applied to increase performance to acceptable levels. For signalized intersections, an adverse traffic operations issue is identified if the addition of the traffic generated from the proposed project results in any one of the following:  At a study, signalized intersection which is located outside the Downtown Dublin Specific Plan area, the project would cause the motor vehicle LOS to degrade to worse than LOS D (i.e., LOS E or F);  At a study, signalized intersection which is located within the Downtown Dublin Specific Plan area, the project would cause the motor vehicle (LOS to degrade to worse than LOS E (i.e., LOS F);  At a study, signalized intersection which is located outside the Downtown Dublin Specific Plan area where the motor vehicle level of service is LOS E, the project would cause the total intersection average vehicle delay to increase by four (4) seconds or more; or  At a study, signalized intersection for all areas where the level of service is LOS F, the project would cause: (a) the overall volume-to-capacity (V/C) ratio to increase 0.03 or more; or (b) the critical movement V/C ration to increase by 0.05 or more.  For intersections located along routes of regional significance, the Tri-Valley Transportation Plan and Action Plan identifies LOS E or better as the standard for the Multimodal Transportation Service Objective (MTSO) related to intersection LOS. 3.3.5.2. Unsignalized Intersections Unsignalized intersections should maintain no worse than LOS E in the Downtown Dublin Specific Plan area and LOS D for all other areas. For unsignalized study intersections, an adverse traffic operations issue is identified if the addition of the traffic generated from the proposed project results in any one of the following:  At a study, unsignalized intersection which is located outside the Downtown Dublin Specific Plan area, the project would cause the motor vehicle LOS to degrade to worse than L OS D (i.e., LOS E or F) and after project completion satisfy the California Manual on Uniform Traffic Control Devices (MUTCD) peak hour traffic signal warrant;  At a study, unsignalized intersection which is located within the Downtown Dublin Specific Plan area, the project would cause the motor vehicle LOS to degrade to worse than LOS E (i.e., LOS F) and after project completion satisfy the California Manual on Uniform Traffic Control Devices (MUTCD) peak hour traffic signal warrant; or  At a study, unsignalized intersection where the motor vehicle level of service is operating below the LOS threshold, the project would add ten (10) or more vehicles to the critical movement and after project completion satisfy the California Manual on Uniform Traffic Control Devices (MUTCD) peak hour traffic signal warrant. 108 Page | 10 Unsignalized intersections includes all way stop, two way stop, and roundabout controlled intersections. The delay for unsignalized intersections should be computed as follows:  All-Way Stop and Roundabout Controlled – use overall intersection delay  Two-Way Stop Controlled – use worst approach delay Improvements to unsignalized intersections may include a change of traffic control, including yield control, traffic circle/roundabout, or a traffic signal. The City reserves the right to determine if a warranted signal will be installed. 3.3.6. Other Analysis Requirements In addition to LOS, the local transportation assessment must include the following analyses and recommendations for improvement: • Vehicle Queuing: Examine outbound vehicle queuing at project driveways and note any on- site deficiencies or conflicts with circulation. Also examine the adequacy of turn pocket storage length at off-site study intersections based on 95th percentile queues. • Pedestrian Circulation: Examine potential effects to pedestrian safety and accessibility for all existing and planned sidewalks, crosswalks, and other pedestrian facilities adjacent to the project site, within a quarter mile of the project site, or connecting to transit stops or stations in the vicinity of the project site. A determination should also be made whether the project conflicts with adopted policies, plans, or programs supporting pedestrian circulation. • Bicyclist Circulation: Examine potential effects to bicyclist safety and accessibility for all existing and planned bikeways and other bicycle facilities (including roadways) adjacent to the project site, within a quarter mile of the project site, or connecting to transit stops or stations in the vicinity of the project site. A determination should also be made whether the project conflicts or creates inconsistencies with adopted bicycle system plans, guidelines, policies or standards; or a project fails to provide on-site parking for bicycles as required by the City’s municipal code. • Transit Circulation: Examine potential operational effects to transit routes and facilities and potential effects to transit user safety and accessibility for all existing and planned transit stops or stations adjacent to the project site or within a quarter mile of the project site. • Consistency with Complete Street and Traffic Safety Policies: Determine if the Project conflicts with the City’s Complete Street or Traffic Safety Policies. • Metropolitan Transportation Service Objectives (MTSOs): The Tri-Valley Transportation Council (TVTC) has defined MTSOs that define quality of service that is desired for routes of regional significance. Projects affecting routes of regional significance must also perform an analysis of applicable MTSOs per the latest Tri-Valley Transportation Plan and Action Plan for Routes of Regional Significance. 109 Page | 11 The project applicant should conduct any additional analysis that is deemed necessary by City staff, to be determined through a scoping meeting. This could include passenger loading demand analyses and freight loading demand analysis. 3.3.7. Cross-Jurisdictional Analysis If a project will affect another jurisdiction, such as Caltrans, Alameda CTC, County of Alameda, or adjacent cities, coordination with that jurisdiction may be required. City of Dublin staff can provide guidance and contact information for other jurisdictions. 3.3.8. Analysis Discussion The local transportation analysis should discuss conclusions regarding the transportation issues caused by the proposed project on the roadway system. If the traffic generated by this and other projects requires improvement measures that are not covered by current impact fees, then the project’s fair share percentage shall be calculated using peak-hour volumes and provided in the local transportation analysis. For all recommendations to increase the number of travel lanes on a street or at an intersection as an improvement measure, the report must clearly identify the adverse effects associated with such a change such as whether or not additional right-of-way will be required and whether it is feasible to acquire the right-of-way based on the level of development of the adjacent land and buildings (if any). All improvements should be reviewed in the field to make sure that they can be accommodated. If they cannot be accommodated or are not feasible, those findings need to be included in the local transportation analysis. Any proposed roadway widening would need a review of the VMT impacts for transportation projects, as described the VMT Impact Thresholds section (Section 4.3.4). Any proposed improvements in response to local transportation analysis that results in increased capacity must undergo a detailed VMT analysis (Section 4.3). The local transportation analysis should discuss other possible adverse issues on traffic. Examples of these are: (1) the limited visibility of access points on curved roadways; (2) the need for pavement widening to provide left-turn and right-turn lanes at access points into the proposed project; (3) the effect of increased traffic volumes on local residential streets; and (4) the need for road realignment to improve sight distance. Projects which propose to amend a General Plan land use designation and substantially increase potential traffic generation must provide an analysis of the project at current planned land use versus proposed land use in the build out condition for the project area, including future cumulative conditions. The purpose of such analysis is to provide decision makers with the understanding of the planned circulation networks ability to accommodate additional traffic generation caused by a General Plan Amendment. 110 Page | 12 4. CEQA TRANSPORTATION ANALYSIS This section discusses the requirements for conducting analyses for projects that are subject to CEQA, consistent with requirements of SB 743. Under CEQA, a lead agency has the authority to determine its own significance thresholds and methodologies for technical analysis, taking into account its own development patterns, policy goals and context. Lead agencies can make their own specific decisions regarding methodology and thresholds, presuming their choices are supported by substantial evidence. Appendix G (Environmental Checklist Form) of the CEQA Guidelines identifies the following four questions for the assessment of transportation impacts: a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Would the project conflict with or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b) (requirement to use VMT)? c) Would the project substantially increase hazards due to a geometric feature or incompatible uses? d) Would the project result in inadequate emergency access? Consistent with CEQA Guidelines Section 15064.3, the City of Dublin has established thresholds of significance to determine when a project will have a significant transportation impact based on VMT. The City has also established screening criteria to streamline the analysis for projects that meet certain criteria, referred to as project screening. Figure 1 presents a flow chart depicting how a development project would be analyzed under VMT- based metrics. 111 Page | 13 Figure 1: Development Project VMT Analysis Flow Chart 112 Page | 14 4.1. CONSISTENCY WITH ADOPTED PLANS Dublin’s adopted plans shape the framework for transportation planning in the City. These plans should be consulted for all projects to determine if the project elements are consistent or conflict with Dublin’s vision of a safe and efficient transportation system. The names of major plans in Dublin along with their weblinks include:  General Plan Land Use and Circulation Element o https://dublin.ca.gov/171/General-Plan  Bicycle and Pedestrian Master Plan o https://dublin.ca.gov/DocumentCenter/View/7738/Bike-and-Ped-Plan-and- Guidelines-1?bidId=  Downtown Dublin Specific Plan o https://dublin.ca.gov/DocumentCenter/View/7859/Amended_DDSP_Dec_2019?bid Id=  Dublin Village Historic Area Specific Plan o https://dublin.ca.gov/DocumentCenter/View/7780/DVHASP-FULL-PDF- 10714?bidId=  Eastern Dublin Specific Plan o https://dublin.ca.gov/DocumentCenter/View/7776/EDSP-2016-Update-Full- PDF?bidId=  Dublin Crossing Specific Plan o https://dublin.ca.gov/DocumentCenter/View/14502/Dublin-Crossing-SP- 2017?bidId=  Downtown Dublin Streetscape Plan o https://dublin.ca.gov/1945/Downtown-Dublin-Streetscape-Plan 4.2. VMT SCREENING A project requires a detailed VMT analysis unless it meets at least one of the City’s five screening criteria: 1. Small projects 2. Provision of affordable housing 3. Local-serving retail and public services 4. Project located in a High-Quality Transit Area (HQTA) 5. Project located in low VMT area Figure 2 presents a chart depicting how a development project would be analyzed under the proposed screening criteria. A project that meets at least one of the screening criteria is assumed to have a less than significant VMT impact due to project or location characteristics. Projects that meet one or more of these screening criteria should document the findings in a letter or memorandum 113 Page | 15 and submit it to the City for review and approval. Ultimate determination of whether a project screens out under one of these criteria rests with the City’s Public Works Director or designee. 114 Page | 16 Figure 2 - Development Projects Screening Criteria Flow Chart 115 Page | 17 4.2.1. Small Projects Projects that generate or attract fewer than 110 vehicle trips per day are presumed to have a less than significant transportation impact. Examples of projects that typically generate 110 daily vehicle trips per day or less are shown in Table 2. Table 2: Small Projects Examples (less than 110 daily trips) Land Use Type Number of Units/ Square Feet Corresponding Daily Trips Single Family Residential 10 Dwelling Units 110 Multi-Family Residential 11 Dwelling Units 104 Office 11,000 SF 107 Trips calculated from the ITE Trip Generation Manual 10th Edition. 4.2.2. Affordable Housing Residential projects with 100 percent deed restricted affordable housing are presumed to have a less than significant transportation impact. If a project contains less than 100 percent affordable housing, the portion that is affordable should be screened out of needing a detailed VMT analysis. This applies to affordable for-sale and rental housing projects located anywhere in the City. 4.2.3. Local Serving Retail and Public Services Retail projects that are locally serving are presumed to have a less than significant transportation impact. The determination of local-serving retail would be based on its location, the characteristics of the project and the vicinity of the site, as well as the envisioned goods and services the retail development would provide. Generally, local-serving retail would primarily provide goods and services that most people need on a regular basis and are purchased close to where people live. Groceries, medicines, fast food and casual restaurants, fitness and beauty services are typical goods and services provided by local-serving retail. Projects proposing to screen out of a detailed VMT analysis due to being local-serving retail will need to document how the project meets the characteristics of a neighboring retail development based on the goods and services provided. The City may also require an economic market analysis to demonstrate the project is local serving based on goods and services provided relative to the geographic location, customer base, and other nearby retail uses. Final determination of whether the retail is local serving will be made by the City of Dublin Public Works Director or designee Public services (e.g., police, fire stations, public utilities, neighborhood parks, public schools) generally do not increase VMT. Instead, these land uses are often built in response to development 116 Page | 18 from other land uses (e.g., office and residential). Therefore, these land uses can be presumed to have less than significant transportation impacts on VMT. However, this presumption would not apply if the project is sited in a location that would require employees or visitors to travel substantial distances and may require a detailed VMT analysis. Additionally, charter and private schools typically draw students from a much larger geographic area than public schools and would not screen out of a detailed VMT analysis under this criterion. 4.2.4. High-Quality Transit Area (HQTA) HQTAs are areas located within one-half mile of an existing major transit stop6 or an existing stop along a high-quality transit corridor.7 A project is considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10 percent of the residential units or 100 units (whichever is lower) in the project are farther than one - half mile from the stop or corridor. The City has two major transit stops that qualify including the West Dublin and the Dublin/Pleasanton BART Stations. Attachment A shows the two BART stations and the one-half mile area where projects would screen out of a detailed VMT analysis. The City may also have high quality transit corridors, especially within Priority Development Areas, that have bus service at 15- minute headways or less. If a project is proposing to screen out because it is along one of these high-quality bus lines, the TIA should document the route/s and service headways to confirm location in an HQTA. The presumption to exempt a project from a detailed VMT analysis under this screening criterion does not apply if the project:  Has a floor area ratio (FAR) of less than 0.75;  Includes more parking for use by residents, customers, or employees of the project than required by the jurisdiction (if the jurisdiction requires the project to supply parking);  Is inconsistent with the applicable Metropolitan Transportation Commission’s (MTC) Sustainable Communities Strategy (SCS), as determined by the City; or  Replaces affordable residential units with a smaller number of moderate- or high-income residential units. 6 Per Pubic Resources Code, § 21064.3 (“‘Major transit stop’ means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.”). 7 Per Public Resources Code, § 21155, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. 117 Page | 19 4.2.5. Project Located in Low VMT Areas Residential and employment projects that are proposed in areas that generate VMT below adopted City thresholds are presumed to have a less than significant transportation impact and, thus, can be screened out. Attachment B shows the location of low VMT areas in green where projects may be screened out of a detailed VMT analysis using this criteria:  Residential projects proposed in TAZs with total daily resident based VMT per capita that is 15 percent less than the existing average baseline level for Planning Area 4.  Office or the employment portions of other non-residential uses with total daily employee based VMT per employee that is 15 percent less than the existing average baseline level for Planning Area 4. This screening criterion is only applicable for projects that are substantially similar to the surrounding land uses in the project area. If the proposed project is an office project while surrounding land uses are light industrial for example, the project would likely have different trip length per employee than the surrounding land uses. Therefore, the fact it is in a low VMT area for light industrial does not mean an office project would have similarly low VMT and a detailed VMT analysis may be needed. 4.2.6. Consistency with RTP/ SCS If a proposed project is inconsistent with the adopted MTC Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), the City will evaluate whether that inconsistency may result in a significant impact on transportation. Therefore, projects that are inconsistent with the RTP/SCS may not qualify for screening out of a detailed VMT analysis. 4.3. DETAILED VMT ANALYSIS Projects that do not meet the screening criteria must include a detailed evaluation of the VMT generated by the project. The level of significance of the project on VMT will be assessed by comparing the project VMT to the VMT thresholds established by the City. The City has established three VMT metrics for assessing impacts. These metrics include the VMT per capita, VMT per employee, and total VMT. The application of these metrics to development projects includes:  VMT per capita is used to assess residential projects and includes all home-based trips made by residents, including their trips while away from home, but does not include trips visiting residences (such as delivery vans).  VMT per employee is used to assess projects providing employment in non-retail settings and includes trips made by employees to and from their workplaces, including trips to and 118 Page | 20 from points other than the employees’ homes, but does not include visitors to the employment sites.  Total VMT is used to assess retail and other similar projects by estimating the change in the overall VMT for the region with and without the project. 4.3.1. Efficiency Metrics (VMT per Capita and VMT per Employee) For residential or employment land uses where VMT/capita or VMT/employee are used to determine impacts, the following analysis methods are available:  The VMT/capita or VMT/employee may be determined using the latest screening maps (Attachment B) and the TAZ (or TAZs) containing the project site if the project land use is similar to surrounding land uses.  If the value for the TAZ is zero due to a lack of land use data in the existing condition for the project TAZ, the City may allow the VMT/capita or VMT/employee to be based on an average of surrounding TAZs if they are similar land uses to the proposed Project.  The VMT/capita or VMT/employee may also be directly calculated using data about number of residents or employees, mode share, and average trip length. 4.3.2. Total VMT For development projects that use total VMT to determine impacts (such as retail), total VMT may be calculated using the travel model specified by the City or another method backed by substantial evidence:  Smaller projects may use the total daily vehicle trip generation (determined using references such as the most current Institute of Transportation Engineers Trip Generation Manual) multiplied by an average trip length determined from the travel demand model or a market research analysis.  If a proposed project would affect the balance of residential and non-residential land uses in an area and is a relatively large project, it is recommended that the travel demand model be rerun to include the proposed project. The total regional VMT calculated from the model would then be compared with and without the project. 4.3.3. Exclusion of Truck VMT SB 743 does not apply to goods movement (i.e., trucks). CEQA Guidelines Section 15064.3 states that VMT for transportation impacts refers to “… the amount and distance of automobile travel…”. Therefore, the VMT associated with trucks and the movement of goods is not required to be analyzed and mitigated for the evaluation of transportation impacts under CEQA. Projects that generate a substantial amount of truck traffic also generate automobile trips and, therefore, project-related automobile trips would be subject to VMT analysis and mitigation. The VMT for all vehicles including heavy trucks related to a project will still be calculated as input for air quality, 119 Page | 21 greenhouse gas (GHG), noise and energy impact analyses to be evaluated in non-transportation parts of the environmental analysis. 4.3.4. Thresholds of Significance The City has established the following thresholds of significance for development projects: • Residential Projects: A significant impact occurs if a Proposed Project VMT/capita is greater than 15 percent below the existing Planning Area 4. • Office Projects: A significant impact occurs if a Proposed Project VMT/employee is greater than 15 percent below the existing Planning Area 4 average. • Retail Projects: A significant impact occurs if a Proposed Project causes a net increase in total VMT. The total VMT for Planning Area 4 without and with the project is calculated. The difference between the two scenarios is the net change in total VMT that is attributable to the project. • Other Development Projects: The City will make a determination of the applicable thresholds on a case-by-case basis based on the land use type, project description and setting. Generally, these projects will be analyzed based on how similar they are to residential, office, and retail projects. o Student housing and senior housing land uses for example should be treated as residential for screening and detailed VMT analysis. o Research and development, industrial, medical offices, and hospital projects may be evaluated as office projects using the VMT/employee metric. o Projects such as hotels, private schools, religious institutions, and regional parks, should be treated as retail for detailed VMT analysis. • Mixed-Use Projects: Evaluate each component of a mixed-use project independently and apply the significance threshold for each land use type. Alternatively, the evaluation would apply only to the project’s dominant use if it generates 80 percent of the total daily trips. Since VMT threshold values may change over time as updated traffic models or new ABAG land uses are adopted, verify with the City the most current thresholds for each land use type prior to performing an analysis. 4.3.5. Redevelopment Projects If a project replaces existing uses and the project results in similar or a net decrease in overall VMT, it may be presumed that the project would result in a less than significant impact. If a project replaces existing uses and the project leads to a net overall increase in VMT compared to the previous uses, then the thresholds for the new land uses should apply. For example, if a residential project replaces an office project resulting in a net increase in VMT, the project’s VMT/capita should be compared with the thresholds for residential projects. If the project is a 120 Page | 22 mixed-use project, then the recommended approach for analyzing mixed-use projects should be applied to analyze each individual use. 4.3.6. Land Use Plans For land use plans such as specific plans, community plans, and general plan updates, the City requires comparing the applicable VMT thresholds (such as VMT per capita and/or VMT per employee) under existing conditions with the applicable VMT metrics for the expected horizon year for the land use plan. If there is a net increase in the applicable VMT metrics under horizon year conditions, then there may be a potentially significant impact. The VMT calculations should be conducted for the plan area (in the case of the General Plan, all trips originating or ending in the City) using the most current travel demand model (Alameda Countywide or City of Dublin). 4.3.7. Cumulative Impacts Per CEQA Guidelines Section 15064(h)(1), “when assessing whether a cumulative effect requires an EIR, the lead agency shall consider whether the cumulative impact is significant and whether the effects of the project are cumulatively considerable.” An analysis of cumulative impacts generally would fall under two categories: 1. VMT per capita or per employee 2. Total VMT These are described below. 4.3.7.1. VMT per Capita or per Employee For land uses evaluated under an efficiency metric (VMT/capita or VMT/employee), a project falling below the threshold under existing conditions would also result in less than significant cumulative impacts. In other words, a project that falls below an efficiency-based threshold would have no cumulative impact distinct from the project impact. 4.3.7.2. Total VMT For land uses evaluated using total VMT (retail, hotels, etc.), a cumulative VMT analysis should be assessed to ensure that future travel and VMT patterns are taken into account. A cumulative impact for total VMT would occur if the project causes the total VMT in the region to increase similar to the existing conditions analysis. 4.4. MITIGATION If a project would result in significant impacts, CEQA requires mitigation measures to be implemented to reduce or mitigate an impact. For VMT impacts, a combination of measures from several VMT reduction strategies may be implemented – project characteristics, multimodal 121 Page | 23 improvements, parking, and transportation demand management (TDM). VMT is reduced by implementing strategies that reduce the number of automobile trips generated by the project, shift more trips from automobile to non-automobile modes, and/or reduce the distances that people drive. Generally, these reductions can be achieved by the implementation of TDM strategies. Measures to reduce VMT have been documented by several sources such as the California Air Resources Board (CARB) list of transportation and land use strategies for reducing GHG emissions, the SB 743 Implementation Project resources, the California Pollution Control Offices Association (CAPCOA) report on quantifying the greenhouse gas mitigation measures, more recent research for the West Riverside Council of Governments (WRCOG), and the SANDAG Mobility Management VMT Reduction Calculator Tool – Design Document. Alameda County also has a VMT Reduction Calculator for use in all cities in Alameda County including Dublin. Projects for which impacts are determined to be significant are required develop a TDM plan to propose a list of VMT reduction measures and document the associated percent reduction in VMT. Project VMT with the proposed reduction is then compared to the threshold of significance to evaluate the project’s transportation impact. The City will review and approve the proposed mitigation and the calculated VMT percentage reductions. A mitigation monitoring program may be required by the City to ensure the TDM plan is able to meet the required VMT reduction. 122 Page | 24 4.5. TRANSPORTATION PROJECTS This section provides information for analyzing transportation projects on roads within the City’s jurisdiction. 4.5.1. Determining Need for Detailed VMT Analysis The City of Dublin requires an analysis of transportation projects if they are expected to increase VMT, primarily projects that encourage the use of single occupancy automobile such as the addition of through travel lanes. However, transportation projects that have already been specifically analyzed in a citywide plan (such as a General Plan) may be exempt from a detailed VMT analysis. This exemption may be granted if the necessary VMT analysis and potential mitigations would have already been calculated and identified at the plan level. Conversely, projects that would likely not lead to an increase in vehicle travel, which promote use of transit and active transportation should not require a VMT analysis. Project types that would not likely lead to a substantial or measurable increase in vehicle travel and generally should not require a VMT analysis include:  Road rehabilitation  Safety projects  Auxiliary lanes less than one mile in length  Turning lanes  Conversion to managed or transit lanes  Road diets  Removal or relocation or parking spaces  Addition of non-motorized, transit, and active transportation facilities. These projects generally do not increase capacity enough to result in an impact to VMT. A full list is provided in Attachment C. This approach is consistent with the intent of SB 743 by promoting that VMT-reducing projects will be streamlined and projects that have the potential to increase VMT will be thoroughly assessed and mitigated as appropriate. 4.5.2. VMT Analysis for General Plan or RTP/SCS Projects For transportation projects that have not been included in the General Plan or RTP/SCS or are modifications and replacements, any growth in VMT attributable to the transportation project would result in a significant impact. For example, a transportation project that replaces a project included in the General Plan and would generate less VMT compared to the project included in the General Plan would have a less than significant impact. Projects not included in the General Plan or RTP/SCS would have a significant impact if they cause a net increase in VMT. 123 Page | 25 4.5.3. VMT Analysis Methodology and Tools Projects that have already been included and evaluated in the General Plan or the RTP/SCS would have a less than significant impact. For transportation projects that require a detailed VMT analysis (e.g., increasing vehicular throughput or not included in a citywide plan), the City requires analysis using the most current travel demand model to estimate changes to citywide VMT due to rerouted trips. To capture long - term effects, an induced demand assessment is required using the following formula: [% increase in lane miles] x [existing VMT] x [elasticity] = [VMT resulting from the project] A National Center for Sustainable Transportation8 tool can be used to determine the elasticity. The City requires total VMT in the City as the appropriate VMT metric, with the impact threshold being any increase in total VMT. The analysis should be performed for the long-range horizon year, normally 20 years out. This approach would discourage induced demand impacts by requiring that a baseline level of VMT in the City not be exceeded. 4.5.4. Mitigation for Transportation Projects Mitigation measures for transportation projects generally seek to reduce VMT by discouraging more single passenger automobile travel or funding TDM measures. Potential mitigation measures for transportation projects may include implementing or funding off-site travel demand management programs to incentivize carpooling or implementing Intelligent Transportation Systems (ITS) strategies that improve passenger throughput rather than vehicle throughput on existing lanes. 8 https://ncst.ucdavis.edu/research/tools 124 26 | P a g e Attachment A: High Quality Transit Area Map 125 §¨¦580 B R I GHTONDR V O MACRDSTAGECOAC HRDTA MARACKDR SIER R A LNH A N S E NDRARNOLD RDCENTRAL PW GLEASON DR YORK DRDOUGHERTY RDVILL A G E P WDONOHUEDRSAN RAMON RDSIERRA CTAMADOR VALLEY BL8TH ST FC I HORIZON PW SCARLETT C T 6TH ST 7TH ST SEBILLERDSCARLETT DR 1 2 T H S T HILLROSE D R BRODER BL DUBLIN BLSTERLING RDCivic Plaza Pleasanton \\kittelson.com\fs\H_Projects\22\22865 - Dublin Transp Planning Eng On-Call 2018\004 - SB 743 Implementation\gis\High-Quality Transit Areas.mxd Date: 5/14/2020BART Stations Half Mile BART Station Buffer Figure 1 High-Quality Transit AreasDublin, California [0 1 Mile 126 27 | P a g e Attachment B: VMT Screening Maps 127 §¨¦680 §¨¦580 B R I GHTONDR V O MACRDS T AGECOACHRDM A D D E N W Y TA MARACKDRDA V ONADR SILVERGATEDRBAN D O N D R SIERR A LNHA N S E NDRARNOLD RDCENTRAL PW GLEASON DR LOCKHARTSTYORK DRKEEGANSTN DUBLIN RANC HDRD U B L I N B L DOUGHERTY RDPOSITANOPWVILLA G E P WDONOHUEDRSAN RAMON RDSIERRA CTFALLON RDTASSAJARA RDNORTHSIDE DRAMADOR VALLEY BLSCHAEFER RANCH RDCOLLIER CANYON RD 8TH STCROMWELLAV BARNET BLCROAK RDRANGERD FCI CREEKSIDEDR HORIZON PW SCARLETT CT PERSIM MONDRALLEY6TH ST 7TH ST SEBILLERDSCARLETT DR PALISA D E S DR 1 2 T H S T TOWER RD SYRAHDRHILLROSE D R INSPIR ATIONCI ALBROOKDREAGLERDBRODER BL INSPIRATIONDRCREEKVIEWDRHI L LTOPRDDUBLIN BLSTERLING RDCivic Plaza EmeraldGlen Park Dougherty HillsOpen Space FallonSportsPark Pleasanton Livermore AlamedaCounty San Ramon ContraCostaCounty H:\22\22865 - Dublin Transp Planning Eng On-Call 2018\004 - SB 743 Implementation\gis\Fig8_VMT Per Capita TAZ_PA4.mxd Date: 10/15/2020Legend No VMT Generated <25.9 - Below Target VMT (Planning Area 4 Average - 15%) 25.9 - 30.5 - Target VMT (Planning Area - 15%) to Planning Area 4 Average >30.5 - Above Planning Area 4 Average Priority Development Area (PDA) Dublin City Limits Figure 8 Residential VMT (VMT per Capita)Dublin, California [0 1 Mile 128 §¨¦680 §¨¦580 B R I GHTONDR V O MACRDS T AGECOACHRDM A D D E N W Y TA MARACKDRDA V ONAD R SILVERGATEDRBAN D O N D R SIERR A LNH A N S E NDRARNOLD RDCENTRAL PW GLEASON DR LOCKHARTSTYORK DRKEEGANSTN DUBLIN RANC HDRD U B L I N B L DOUGHERTY RDPOSITANOPWVILLA G E P WDONOHUEDRSAN RAMON RDSIERRA CTFALLON RDTASSAJARA RDNORTHSIDEDRAMADOR VALLEY BLSCHAEFER RANCH RDCOLLIER CANYON RD 8TH STCROMWELLAV BARNET BLCROAK RDRANGERD FCI CREEKSIDEDR HORIZON PW SCARLETT C T PERSIM MONDRALLEY6TH ST 7TH ST SEBILLERDSCARLETT DR PALISA D E S DR 1 2 T H S T TOWER RD SYRAHDRHILLROSE D R INSPIR ATIONCI ALBROOKDREAGLERDBRODER BL INSPIRATIONDRCREEKVIEWDRHI L LTOPRDDUBLIN BLSTERLING RDCivic Plaza EmeraldGlen Park Dougherty HillsOpen Space FallonSportsPark Pleasanton Livermore AlamedaCounty San Ramon ContraCostaCounty H:\22\22865 - Dublin Transp Planning Eng On-Call 2018\004 - SB 743 Implementation\gis\Fig9_VMT Per Employee TAZ_PA4.mxd Date: 10/15/2020Legend No VMT Generated <12.9 - Below Target VMT (Planning Area 4 Average - 15%) 12.9 - 15.2 - Target VMT (Planning Area 4 - 15% to Planning Area 4 Average) > 15.2 - Above Planning Area 4 Average Priority Development Area (PDA) Dublin City Limits Figure 9 Employment VMT (VMT per Employee)Dublin, California [0 1 Mile 129 28 | P a g e Attachment C: Transportation Projects That Generally Do Not Increase VMT 130 Page | 29 Transportation Projects Generally Not Requiring Induced Travel Analysis 9 Projects that would not likely lead to a substantial or measurable increase in vehicle travel, and therefore generally should not require an induced travel analysis, include: • Rehabilitation, maintenance, replacement, safety, and repair projects designed to improve the condition of existing transportation assets (e.g., highways; roadways; bridges; culverts; Transportation Management System field elements such as cameras, message signs, detection, or signals; tunnels; transit systems; and assets that serve bicycle and pedestrian facilities) and that do not add additional motor vehicle capacity • Roadside safety devices or hardware installation such as median barriers and guardrails • Roadway shoulder enhancements to provide “breakdown space,” dedicated space for use only by transit vehicles, to provide bicycle access, or to otherwise improve safety, but which will not be used as automobile vehicle travel lanes • Addition of an auxiliary lane of less than one mile in length designed to improve roadway safety • Installation, removal, or reconfiguration of traffic lanes that are not for through traffic, such as left, right, and U-turn pockets, two-way left turn lanes, or emergency breakdown lanes that are not utilized as through lanes • Addition of roadway capacity on local or collector streets provided the project also substantially improves conditions for pedestrians, cyclists, and, if applicable, transit • Conversion of existing general purpose lanes (including ramps) to managed lanes or transit lanes, or changing lane management in a manner that would not substantially increase vehicle travel • Addition of a new lane that is permanently restricted to use only by transit vehicles • Reduction in number of through lanes • Grade separation to separate vehicles from rail, transit, pedestrians or bicycles, or to replace a lane in order to separate preferential vehicles (e.g., HOV, HOT, or trucks) from general vehicles • Installation, removal, or reconfiguration of traffic control devices, including Transit Signal Priority (TSP) features • Installation of traffic metering systems, detection systems, cameras, changeable message signs and other electronics designed to optimize vehicle, bicycle, or pedestrian flow • Timing of signals to optimize vehicle, bicycle, or pedestrian flow • Installation of roundabouts or traffic circles • Installation or reconfiguration of traffic calming devices • Adoption of or increase in tolls • Addition of tolled lanes, where tolls are sufficient to mitigate VMT increase 9 California Office of Planning and Research, Technical Advisory on Evaluating Transportation Impacts in CEQA, December 2018. 131 Page | 30 • Initiation of new transit service • Conversion of streets from one-way to two-way operation with no net increase in number of traffic lanes • Removal or relocation of off-street or on-street parking spaces • Adoption or modification of on-street parking or loading restrictions (including meters, time limits, accessible spaces, and preferential/reserved parking permit programs) • Addition of traffic wayfinding signage • Rehabilitation and maintenance projects that do not add motor vehicle capacity • Addition of new or enhanced bike or pedestrian facilities on existing streets/highways or within existing public rights-of-way • Addition of Class I bike paths, trails, multi-use paths, or other off-road facilities that serve non- motorized travel • Installation of publicly available alternative fuel/charging infrastructure • Addition of passing lanes, truck climbing lanes, or truck brake-check lanes in rural areas that do not increase overall vehicle capacity along the corridor 132 31 | P a g e Attachment D: Minimum Contents of a Transportation Impact Analysis Report 133 Page | 32 MINIMUM CONTENTS OF TRAFFIC IMPACT STUDY REPORT I. EXECUTIVE SUMMARY II. TABLE OF CONTENTS A. List of Figures B. List of Tables III. PROJECT SUMMARY A. Description of the proposed project B. Study Area Description C. Site plan including all access points to streets (site plan, map) D. Vicinity map showing all modes of transportation in the study area E. Land use and zoning F. Phasing plan including proposed dates of project (phase) completion G. Project sponsor and contact person(s) IV. LOCAL TRANSPORTATION ANALYSIS A. Trip Generation and Distribution B. Operations Analysis10 • Existing Conditions • Opening Year Conditions With/Without Project • Cumulative Conditions With/Without Project • 95th Percentile Queues for All Scenarios With/Without Project C. Site Plan Review V. CEQA ANALYSIS A. Consistency with Adopted Plans B. VMT Analysis11 • VMT Screening • Detailed VMT Analysis C. Proposed Mitigations (if applicable) 10 An operations analysis is only required for projects generating more than 50 peak hour vehicle trips. 11 Projects that screen out of a detailed VMT analysis only need to present documentation of screening out. Otherwise, this section should include an overview of the methodology and findings of a detailed VMT analysis. 134 Page | 33 VI. CONCLUSIONS AND RECOMMENDATIONS VII. APPENDICES A. Collected Multimodal Counts B. Worksheets Used in Analysis (i.e., signal warrant, LOS data and analysis sheets, etc.) C. Provide electronic analysis files (Synchro, Vistro, etc.) to the City. 135 34 | P a g e Attachment E: Site Plan Review Checklist 136 Page | 35 SITE PLAN REVIEW CHECKLIST Parking  Verify vehicle parking supply meets municipal code requirements. (8.76.080)  Compact car space substitution does not exceed threshold (8.76.050.A)  Motorcycle space substitution does not exceed threshold (8.76.050.B)  Parking aisles meets or exceeds minimums (8.76.070.A.7)  Parking stall width and depth meets or exceeds minimums (8.76.070.A.7)  Project provides sufficient disabled accessible parking in the correct location (8.76.070.A.8)  Project provides sufficient loading spaces (8.76.090) and when provided, meet the standards (8.76.070.B)  Bicycle parking confirms with California Green Building Standards Code (8.76.070.A.2) Vehicle Circulation  Project driveways meet minimum width requirements (8.76.070.A.11)  Project driveways provide adequate sight distance for vehicles exiting.  Site plan has eliminated vehicle/vehicle conflict points or has proposed adequate measures to reduce the conflicts.  Turn templates have been created showing site access and circulation for the largest of either emergency, service, or delivery trucks. Pedestrian and Bicycle Circulation  Site plan provides a clear path of travel between project building/s, parking areas, and public street sidewalks.  Site plan has eliminated vehicle/pedestrian and vehicle/bicycle conflict points or has proposed adequate measures to reduce the conflicts.  On site sidewalks provide sufficient width such that vehicle overhang does not reduce the unencumbered width to less than four feet (8.76.070.A.7a). 137 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.5 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Payment Issuance Report and Electronic Funds Transfers Prepared by: Veronica Briggs, Senior Finance Technician EXECUTIVE SUMMARY: The City Council will receive a listing of payments issued from March 1, 2021 – March 31, 2021 totaling $12,567,985.69. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: SUMMARY OF PAYMENTS ISSUED March 1, 2021 – March 31, 2021 Total Number of Payments: 424 Total Amount of Payments: $12,567,985.69 DESCRIPTION: The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning March 1, 2021 through March 31, 2021. This report is provided in accordance with the policy adopted November 15, 2011, in Resolution No.189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures. The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report. 138 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Payment Issuance Report for March 2021 139 Print Date: 04/02/2021 City of Dublin Page 1 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 03/01/2021 ABDALA, JULIA E. 714.75 REIMBURSE RETIREE MEDICAL APR-JUN 2021 03/01/2021 ADC CONSTRUCTION MANAGEMENT 553,312.78 CIVIC CENTER HVAC & ROOF REPLACEMENT 03/01/2021 AMADOR LAKES APARTMENTS 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 03/01/2021 AMADOR VALLEY INDUSTRIES LLC 22,061.22 CAMPS PARKS WASTE SERVICES DEC 2020 24,937.02 CAMPS PARKS WASTE SERVICES JAN 2021 Check Total: 46,998.24 03/01/2021 AMBROSE, RICHARD C. 2,199.12 REIMBURSE RETIREE MEDICAL APR-JUN 2021 03/01/2021 APEX GRADING 11,389.09 FALLON VILLAGE GHAD MAINTENANCE SVCS DEC 2020 03/01/2021 AT&T - CALNET 3 1,230.39 SERVICE TO 02/12/2021 522.25 SERVICE TO 02/14/2021 Check Total: 1,752.64 03/01/2021 BALDANZI, ROSEMARY 49.62 MILEAGE REIMBURSEMENT JAN 2021 03/01/2021 BAY AREA NEWS GROUP 115.56 LEGAL AD 03/01/2021 BIKE EAST BAY 2,500.00 BIKE TO WORK DAY 2021 BRONZE SPONSORSHIP 03/01/2021 BRISSEY, ADAM 106.68 MILEAGE REIMBURSEMENT JAN 2021 03/01/2021 BROOKS MOTOR CARS LLC 98.00 REFUND BUSINESS LICENSE APP FEE 03/01/2021 CALED 570.00 CALED MEMBERSHIP FY 20-21 SMITH 03/01/2021 CAMELLIA PLACE 9,642.00 COVID-19 RENT ASSISTANCE PROGRAM 03/01/2021 CARBONIC SERVICE 192.92 POOL CHEMICALS FOR THE WAVE 03/01/2021 CARDUCCI AND ASSOCIATES INC. 5,400.00 DESIGN SERVICES-FALLON SPORTS PARK PH 3 03/01/2021 CODE PUBLISHING COMPANY 1,061.25 ZONING CODE WEB UPDATES 03/01/2021 COMMUNITY RESOURCES FOR INDEPENDENT LIVING 3,933.95 HUMAN SERVICES GRANT JUL-SEP 2020 2,026.34 HUMAN SERVICES GRANT OCT-DEC 2020 Check Total: 5,960.29 03/01/2021 CONTRACT SWEEPING SERVICES 20,908.34 STREET SWEEPING SERVICES JAN 2021 03/01/2021 DISABILITY ACCESS DAC 32,140.00 ADA TRANSITION PLAN CONSULTING SVCS 03/01/2021 DUBLIN CHAMBER OF COMMERCE 10,000.00 DUBLIN CHAMBER OF COMMERCE SPONSONSORSHIP 03/01/2021 DUBLIN CHEVROLET 916.19 POLICE VEHICLE MAINTENANCE & REPAIR 03/01/2021 DUBLIN UNIFIED SCHOOL DISTRICT 759.25 STAGER GYM ELECTRIC USE 11/12/20 - 12/10/20 03/01/2021 DUTCHOVER & ASSOCIATES 1,665.00 LANDSCAPE PLAN CHECK & INSPECTION SVCS 03/01/2021 GIS PLANNING 1,092.00 ANNUAL HOUSING DEMOGRAPHICS REPORT 03/01/2021 GOT WATTS SOLAR AND HVAC 26.80 REFUND BUILDING PERMIT FEE 03/01/2021 HDL COREN & CONE 1,735.46 PROPERTY TAX CONSULTING SERVICES 03/01/2021 IRON MOUNTAIN 261.30 ACAP RECORDS STORAGE FEB 2021 373.01 POLICE RECORDS STORAGE FEB 2021 Check Total: 634.31 03/01/2021 KIMLEY-HORN AND ASSOC. INC. 7,837.50 PREPARE CEQA DOCS FOR EAST RANCH PROJECT 03/01/2021 KITTELSON & ASSOCIATES, INC. 10,448.50 CITYWIDE BIKE/PED MASTER PLAN UPDATE 3,247.50 SB 743 VMT IMPLEMENTATION & MODEL Check Total: 13,696.00 03/01/2021 LANLOGIC INC. 7,564.00 INFORMATION SYSTEMS CONSULTING SVCS 1,050.00 MALWARE SOFTWARE ANNUAL MAINTENANCE 425.00 NETWORK MONITORING SERVICES Check Total: 9,039.00 03/01/2021 LIVERMORE AUTO GROUP 3,874.70 POLICE VEHICLE MAINTENANCE & REPAIR 03/01/2021 LIVERMORE VALLEY WINEGROWERS 7,500.00 MARKETING SPONSORSHIP FY 20-21 03/01/2021 LOCAL GOVERNMENT COMMISSION 2,363.64 CIVIC SPARK PRGM TO SUPPORT CLIMATE ACTION 03/01/2021 LOGOBOSS 838.33 PLAQUES FOR OUTGOING COMMISSIONERS Attachment 1 140 Print Date: 04/02/2021 City of Dublin Page 2 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 03/01/2021 LORENZO, GABRIELLA 58.10 REIMBURSEMENT FOR OFFICE SUPPLIES 03/01/2021 M-GROUP 4,550.00 PLANNING SERVICES JAN 2021 03/01/2021 MICHAEL BAKER INT'L, INC. 2,115.00 HOUSING CONSULTING SERVICES JAN 2021 03/01/2021 OFFICE TEAM 3,689.53 TEMPORARY CLERICAL SUPPORT 03/01/2021 PETIT, CHRISTINE 172.80 REC CLASS INSTRUCTOR 03/01/2021 PG&E 1,486.96 SERVICE TO 02/04/2021 3,635.36 SERVICE TO 02/07/2021 1,982.92 SERVICE TO 02/10/2021 228.54 SERVICE TO 02/11/2021 Check Total: 7,333.78 03/01/2021 PRESERVATION ARTS, LLC 6,390.00 PUBLIC ART CONSERVATION & MAINTENANCE 03/01/2021 QUADIENT FINANCE USA, INC. 449.54 POSTAGE FOR POLICE SERVICES - JAN 2021 03/01/2021 RAYNE OF SAN JOSE 184.75 WATER SOFTENER SERVICES FIRE STATION 17 03/01/2021 REDWOOD TOXICOLOGY LAB. INC. 1,534.00 FORENSIC DRUG AND ALCOHOL EXAMS 03/01/2021 RRM DESIGN GROUP, A CA CORP 6,641.25 CONSULTING SVCS-MULTI-FAM DEV & ADU'S 03/01/2021 SAN FRANCISCO ELEVATOR SVC INC 359.71 ELEVATOR MAINTENANCE INSPECTIONS FEB 2021 03/01/2021 SAN LEANDRO, CITY OF 3,422.00 ALAMEDA COUNTY MAYORS' CONF DUES 2021 03/01/2021 SAN RAMON, CITY OF 187,013.45 DRFA WORKERS COMP/MEDICAL BENEFITS OCT-DEC 03/01/2021 SDI PRESENCE, LLC. 962.50 ENTERPRISE RESRCE PLNG SELECTION ASSISTANCE 03/01/2021 SIERRA DISPLAY, INC. 2,652.00 BANNER INSTALLATION & CHANGE-OUT SVCS 03/01/2021 SIMPLER SYSTEMS, INC 1,500.00 SOFTWARE LICENSING SUPPORT FEB 2021 03/01/2021 SPECTRUM COMMUNITY SVCS INC. 1,700.16 HUMAN SERVICES GRANT JAN 2021 03/01/2021 THAINE, PAUL 187.00 RETURN OF ASSET SEIZURE FUNDS 03/01/2021 TREASURER ALAMEDA COUNTY 1,321.00 RETURN OF ASSET SEIZURE FUNDS 03/01/2021 TREASURER ALAMEDA COUNTY 724.00 RETURN OF ASSET SEIZURE FUNDS Vendor Total: 2,045.00 03/01/2021 TRI-VALLEY HAVEN, INC 1,975.66 HUMAN SERVICES GRANT JAN 2021 03/01/2021 TRI-VALLEY JANITORIAL INC. 4,392.00 EXTRA JANITORIAL SERVICES-FACILITY DISINFECTING 1,737.06 JANITORIAL SUPPLIES JAN 2021 Check Total: 6,129.06 03/01/2021 UNIVERSAL BUILDING SERVICES & 566.00 CARPET CLEANING SVCS CIVIC CENTER JAN 2021 2,435.00 CARPET CLEANING SVCS LIBRARY JAN 2021 660.00 CARPET CLEANING SVCS SENIOR CENTER JAN 2021 558.00 CARPET CLEANING SERVICES THE WAVE JAN 2021 800.00 WINDOW CLEANING SERVICES THE WAVE JAN 2021 Check Total: 5,019.00 03/01/2021 URBAN FIELD STUDIO 8,719.10 DOWNTOWN ARCHITECTURAL DESIGN SERVICES 03/01/2021 VERIZON WIRELESS 294.50 POLICE VEHICLE MODEM SERVICE 03/01/2021 YOUNG, SUZANNE 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM Payments Issued 3/1/2021 Total: 1,024,187.35 03/03/2021 DSRSD 53,535.11 SERVICE TO 1/31/2021 Payments Issued 3/3/2021 Total: 53,535.11 03/05/2021 CAL PERS 78,315.89 PERS RETIREMENT PLAN: PE 2/26/21 03/05/2021 EMPLOYMENT DEVELOPMENT DEPT 18,080.14 CA STATE WITHHOLDING: PE 2/26/21 03/05/2021 I C M A 401 PLAN 1,628.66 DEFERRED COMP 401A: PE 2/26/21 03/05/2021 I C M A 457 PLAN 26,183.32 DEFERRED COMP 457: PE 2/26/21 03/05/2021 INTERNAL REVENUE SERVICE 55,829.22 FEDERAL WITHHOLDING: PE 2/26/21 141 Print Date: 04/02/2021 City of Dublin Page 3 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 03/05/2021 US BANK - PARS 1,527.13 PARS: PE 2/26/21 03/05/2021 WAGEWORKS, INC. 4,125.50 WAGEWORKS: PE 2/26/21 Payments Issued 3/5/2021 Total: 185,689.86 03/09/2021 7200 REGIONAL LLC. 10,000.00 RECOVERY BOOST GRANT PROGRAM 03/09/2021 ALAMEDA CO SHERIFF'S OFFICE 2.50 POLICE PHOTO PRINTING 34.89 PUBLIC SAFETY COMPLEX PHOTOS Check Total: 37.39 03/09/2021 ALAMEDA COUNTY CLERK 50.00 NOTICE OF DETERMINATION CLERK FILING FEE 03/09/2021 AMADOR LAKES APARTMENTS 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 03/09/2021 AMP PRINTING, INC. 158.41 ST. PATRICK'S DAY POSTERS 415.16 ST. PATRICK'S DAY SIGNS 2,731.25 ST. PATRICK'S DAY STREET SIGNS Check Total: 3,304.82 03/09/2021 BEAUTIFULFACE 3,965.16 RECOVERY BOOST GRANT PROGRAM 03/09/2021 BIG O'TIRES #7 199.35 POLICE VEHICLE TIRES & MAINTENANCE 03/09/2021 BKF ENGINEERS 563.50 SAN RAMON RD TRAIL LIGHTING DESIGN 03/09/2021 BPXPRESS 496.88 PRINTING SERVICES - DON BIDDLE PARK 03/09/2021 BSK ASSOCIATES INC. 4,556.00 GEOTECHNICAL SVCS-HERITAGE PARK CEMETARY 03/09/2021 BYOG 842.81 AFTERSCHOOL REC UNIFORMS 1,733.70 PARK MONITOR UNIFORMS Check Total: 2,576.51 03/09/2021 CAL PERS HEALTH PREMIUM 141,593.49 HEALTH INSURANCE PREMIUM – MAR 2021 03/09/2021 CALIFORNIA SPIRIT ELITE, INC. 1,702.40 REC CLASS INSTRUCTOR 03/09/2021 CAMELLIA PLACE 9,679.00 COVID-19 RENT ASSISTANCE PROGRAM 03/09/2021 CARBONIC SERVICE 300.15 POOL CHEMICALS FOR THE WAVE 03/09/2021 CDW GOVERNMENT INC 4,166.89 COMPUTER REPLACEMENTS & MONITORS 03/09/2021 CHANDLER ASSET MANAGEMENT 12,571.92 INVESTMENT CONSULTING SERVICES FEB 2021 12,383.21 INVESTMENT CONSULTING SERVICES JAN 2021 Check Total: 24,955.13 03/09/2021 CITIES GROUP, THE 1,201.23 WORKERS' COMP/SAFETY COMPLIANCE ASSESSMENT 03/09/2021 CIVICPLUS, LLC 11,606.70 CITY WEBSITE ANNUAL HOSTING FEE 10,271.80 CITY WEBSITE REDESIGN Check Total: 21,878.50 03/09/2021 COGENT COMMUNICATIONS, INC 2,252.29 CIVIC CENTER INTERNET SERVICE FEB 2021 03/09/2021 COMCAST 3,892.54 INTERNET/CABLE SVCS VARIOUS CITY DEPTS 03/09/2021 CRANFORD, ROBIN 500.50 REC CLASS INSTRUCTOR 03/09/2021 DEMARTINI, ROBIN 750.00 PERFORMANCE AT ST. PATRICK’S DRIVE-IN CONCERT 03/09/2021 DUBLIN FAMILY LP 2,296.00 COVID-19 RENT ASSISTANCE PROGRAM 03/09/2021 DUBLIN HOSPITALITY LLC 1,075.08 REFUND DEVELOPER DEPOSIT 03/09/2021 DUBLIN SAN RAMON SERVICES 18,650.80 PLANNING & PERMITTING FEES-FALLON SPORTS PARK 03/09/2021 DUBLIN UNIFIED SCHOOL DISTRICT 775.42 STAGER GYM PG&E USE 1/12/21 - 2/10/21 395.63 STAGER GYM SPURR USE 12/3/20 - 12/31/20 Check Total: 1,171.05 03/09/2021 DUBS DRUM BASEMENT 786.74 RECOVERY BOOST GRANT PROGRAM 03/09/2021 EISENHART, ALEX 131.35 REIMB FOR PHONE & COMPUTER EQUIPMENT 03/09/2021 ENTERPRISE RENT A CAR 1,754.50 VEHICLE RENTAL-SPECIAL INVESTIGATIONS UNIT 03/09/2021 EXECUPRENEUR 1A, LLC. 8,380.85 RECOVERY BOOST GRANT PROGRAM 03/09/2021 FANTASY SOUND EVENT SERVICES 2,810.00 ST. PATRICK’S DAY CELEBRATION LIGHTING 142 Print Date: 04/02/2021 City of Dublin Page 4 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 03/09/2021 FIRST CARBON SOLUTIONS 1,336.95 HERITAGE PARK CEMETARY IMPROVEMENTS 03/09/2021 GATES & ASSOCIATES, INC., DAVID L. 6,228.00 ENGINEERING SERVICES AUG 2020 375.00 ENGINEERING SERVICES DEC 2020 3,114.00 ENGINEERING SERVICES OCT 2020 19,329.72 ENGINEERING SERVICES-IMAGINE PLAYGROUND 2,200.00 IRRIGATION PLAN REVIEW-FALLON SPORTS PARK Check Total: 31,246.72 03/09/2021 GEOSYNTEC CONSULTANTS, INC. 2,203.69 GREEN INFRASTRUCTURE/STRMWTR RESOURCE PLAN 03/09/2021 GOVERNMENT TRAINING AGENCY 525.00 POLICE RECORDS TRAINING - JAMMAL 525.00 POLICE RECORDS TRAINING - LORENZO Check Total: 1,050.00 03/09/2021 HARRELL HARRIS PHOTOGRAPHY 750.00 PHOTOGRAPHY SERVICES - PARKS 03/09/2021 HARRIS & ASSOCIATES 14,760.00 2020 SLURRY SEAL PROJECT 03/09/2021 HAWAIIAN GRILL EXPRESS LLC 7,746.29 RECOVERY BOOST GRANT PROGRAM 03/09/2021 INTERNATIONAL CODE COUNCIL INC 132.19 BUILDING CODE PUBLICATION 03/09/2021 IRON MOUNTAIN 5,162.12 ACAP RECORDS STORAGE CLOSE-OUT 03/09/2021 JOHNSON CONTROLS SECURITY 443.50 FIRE ALARM MONITORING CIVIC CENTER MAR-MAY 2021 1,283.24 FIRE ALARM MONITORING LIBRARY MAR-MAY 2021 Check Total: 1,726.74 03/09/2021 KALAMAL LLC 10,000.00 RECOVERY BOOST GRANT PROGRAM 03/09/2021 KEYPOINT EDUCATION 3,229.55 RECOVERY BOOST GRANT PROGRAM 03/09/2021 LIVERMORE AUTO GROUP 82.08 POLICE VEHICLE MAINTENANCE & REPAIR 03/09/2021 MANAGEMENT PARTNERS INC. 237.50 EXECUTIVE COACHING SERVICES 03/09/2021 MARK THOMAS & COMPANY, INC. 764.56 IRON HORSE TRAIL CROSSING DESIGN SERVICES 03/09/2021 MCE CORPORATION 547,360.66 BUILDING MAINTENANCE JAN 2021 03/09/2021 MGT OF AMERICA CONSULTING, LLC 1,275.00 SB90 CLAIMS PROCESSING 03/09/2021 MNS ENGINEERS, INC. 507.50 CONSTR MGMT/INSPECT- WATERSLIDE ANCHORAGE 1,087.50 CONSTR MGMT/INSPECT- SAN RAMON TRAIL LIGHTING 507.50 EV CHARGING STATIONS PROJ MGMT/INSPECTION Check Total: 2,102.50 03/09/2021 MOLZ, R. J. 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 03/09/2021 MOSS, ROBERT 195.00 RECREATION REFUND 03/09/2021 NORTHERN LIGHTS 4,999.00 STAGE & LIGHTING RENTAL FOR ST. PATRICK’S DAY 03/09/2021 PETIT, CHRISTINE 264.00 REC CLASS INSTRUCTOR 03/09/2021 PG&E 8,111.91 SERVICE TO 01/12/2021 1,659.05 SERVICE TO 02/10/2021 190.54 SERVICE TO 02/11/2021 3,649.62 SERVICE TO 02/15/2021 64.23 SERVICE TO 02/16/2021 Check Total: 13,675.35 03/09/2021 PHOENIX GROUP INFO SYS. 228.10 PARKING CITATION PROCESSING - JAN 2021 03/09/2021 PRESERVATION ARTS, LLC 9,960.00 PUBLIC ART CONSERVATION & MAINTENANCE 03/09/2021 PSOMAS 1,595.00 GIS PORTAL DEVELOPMENT SERVICES 03/09/2021 QUENCH USA, INC. 806.31 WATER FILTER SYSTEM SERVICES 03/09/2021 REEMAS LLC 10,000.00 RECOVERY BOOST GRANT PROGRAM 03/09/2021 SIERRA DISPLAY, INC. 2,652.00 ROTATION OF HOLIDAY BANNERS 03/09/2021 SIMPLER SYSTEMS, INC 1,500.00 SIMPLER SOFTWARE LICENSING/SUPPORT MAR 2021 03/09/2021 SORBYE, LIEF 2,000.00 PERFORMANCE AT ST. PATRICK'S DRIVE-IN CONCERT 143 Print Date: 04/02/2021 City of Dublin Page 5 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 03/09/2021 SUAREZ & MUNOZ CONSTRUCTION 156,245.84 IMAGINE PLAYGROUND CONSTRUCTION PROJECT 03/09/2021 SURF TO SNOW ENVIRONMENTAL 1,772.00 SPILL RESPONSE ASSISTANCE & MRP INSPECTION 03/09/2021 SWEET AND MELLOW 825.00 DUBLIN SPORTS PARK GRAND OPENINIG SUPPLIES 03/09/2021 SWINERTON MANAGEMENT 49,357.00 PROJ MGMT/INSPECT-CIVIC CTR HVAC/ROOF PROJECT 03/09/2021 THE SPRINGS - SOFI DUBLIN APTS 8,464.00 COVID-19 RENT ASSISTANCE PROGRAM 03/09/2021 TIREHUB, LLC. 3,154.59 POLICE VEHICLE TIRES & MAINTENANCE 03/09/2021 T-MOBILE USA, INC. 1,008.74 CELL PHONE SERVICES JAN-FEB 2021 03/09/2021 TORRES, JUAN P 98.00 REFUND BUSINESS LICENSE APP FEE 03/09/2021 TPX COMMUNICATIONS 5,493.48 INTERNET & PHONE SERVICES TO 3/8/2021 03/09/2021 TREASURER ALAMEDA COUNTY 2,707.50 PARKING CITATIONS COLLECTED JAN 2021 03/09/2021 UNITED SITE SERVICES OF CA INC 665.57 PD TRAILER SEPTIC TANK SERVICES 03/09/2021 UNIVERSAL BUILDING SERVICES & 1,838.00 CARPET CLEANING SERVICES CIVIC CENTER FEB 2021 828.00 CARPET CLEANING SERVICES WAVE FEB 2021 700.00 WINDOW CLEANING - LIBRARY FEB 2021 500.00 WINDOW CLEANING - SHANNON CENTER FEB 2021 Check Total: 3,866.00 03/09/2021 URBAN FIELD STUDIO 682.00 DOWNTOWN ARCHITECTURAL DESIGN SERVICES 03/09/2021 WESCO GRAPHICS INC 6,985.15 CITY REPORT & ACTIVITY GUIDE PRINTING 03/09/2021 WEST CORPORATION 4,083.00 SYMMETRY ANNUAL SOFTWARE SUPPORT 2021 03/09/2021 ZUMWALT ENGINEERING GROUP 19,903.00 ENGINEERING SERVICES - DEC 2020 24,640.00 ENGINEERING SERVICES - NOV 2020 Check Total: 44,543.00 Payments Issued 3/9/2021 Total: 1,256,670.28 03/10/2021 ALEX, ROSEMARY 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 AMAYA, BRIDGET 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 ASH, RICH 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 BAKER, JEFF 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 BAKSA, JAY 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 BAXLEY, DEAN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 BERGDOLL, JIM 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 BHATIA, PRATYUSH 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 BLANCO, ROEL 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 BOITNOTT, MICHAEL 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 BORJON, LAURA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 BRIGGS, VERONICA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 BUTLER, LA SHAWN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 CAIRES, SANDRA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 CARTER, JULIE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 CASS, MICHAEL 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 CENTENO, CAMILLE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 CHILKOTOWSKY, SHAUN M 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 CHING, ERWIN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 CLEVENGER, MARISSA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 DETERMAN, EMILY 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 DHADWAL, RENUKA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 DIAZ, DANIELLE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 EISENHART, ALEX 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 EISLER, TIMOTHY 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 144 Print Date: 04/02/2021 City of Dublin Page 6 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 03/10/2021 ELLIOTT, ELIZABETH 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 FABRIGAS, CIERRA L. 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 FRANKLIN, RHONDA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 GARTNER, ALESHA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 HANNA, MEAGAN C. 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 HATZIKOKOLAKIS, JACQUI 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 HISATOMI, LISA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 IARLA, SUZANNE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 JACKMAN, SHARLENE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 JAMES, NATHAN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 JAMMAL, LAURA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 KLOSS, DAVID A. 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 KWON, OHSUNG 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 LI MARZI, JENNIFER 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 LI, CARY 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 LORENZO, GABRIELLA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 MARRIOTT, LAUREN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 MCDONALD, LOWELL DEAN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 MENDEZ, JENNIFER 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 MIDIDIDDI, SAI 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 MOORE, MARSHA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 MOYA, CARLOS 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 MUTHER, DANIELLE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 NELSON, ANASTASIA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 NORTON, AMY 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 PADUA, SERRIE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 PHILLIPS, TYLER 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 PRASAD, AACHAL 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 PURECO, NELSON 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 RAMIREZ, DORA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 RHOADES, CHRISTOPHER 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 RUSSELL, ANDREW 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 SHREEVE, GREGORY 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 SIU, HENRY 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 SMITH, ANGELICA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 SMITH, ROBERT 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 SOLIS, LISA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 STATZELL, ERIK 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 STEFANSKI, JOHN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 STONE, ROBERT 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 SUCGANG, LAURIE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 SUNG, MICHELLE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 THRELKELD, JEFF 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 TJENG, YULIANA 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 TORRES, TARALYN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 TRIBBY, COLLEEN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 VONG, KAREN VAY MAN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 WAHBEH, WILLIAM 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 WANZENRIED, NICOLE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 145 Print Date: 04/02/2021 City of Dublin Page 7 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 03/10/2021 WEBER, DANIEL 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 WELLS, CATHY 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 WETHERFORD, HAZEL 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 WHEELER, KRISTIE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 WINDSOR, STEVE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 WOLFENBERGER, KATIE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 WONG, ANNE 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 YIP, KA WUN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 YOUNG, SHANNAN 75.00 TECH REIMB - COVID-19 SIP 2/7/21-3/6/21 03/10/2021 U.S. BANK CORPORATE PMT SYSTEM 1,256.04 PLANNING, ZONING LAWS & CEQA GUIDELINES 29.99 ADOBE STOCK IMAGES SUBSCRIPTION 87.00 CA EMERGENCY SERVICES DUES-STEFANSKI 383.65 COVID-19 SUPPLIES 107.67 EMPLOYEE RECOGNITION PLAQUE 312.00 EMPLOYMENT AD 156.93 IMAGINE PLAYGROUND SIGNS 1,720.00 INT'L CODE COUNCIL DIGITAL BLDG PUBLICATIONS 110.00 LOCAL GOV'T HISPANIC NETWORK DUES-WETHERFORD 99.00 MICROSOFT OFFICE 365 CLASS-DIAZ 1,154.52 MLK BREAKFAST/LEAGUE OF CITIES - KUMAGAI/JOSEY 174.05 OFFICE SUPPLIES 87.65 OFFICE SUPPLIES & MMANC DUES-IARLA 1,979.02 PHONE SYSTEMS CERTIFICATES & COMPUTER EQUIP 40.00 PHOTO CONTEST SUPPLIES 1,270.65 POLICE INVESTIGATIONS EXPENSES 2,693.57 POLICE INVESTIGATIONS EXPENSES 832.63 POLICE SUPPLIES 145.16 PRESCHOOL SUPPLIES 27.99 PRODUCTIVITY APP SUBSCRIPTION 283.98 RECREATION SUPPLIES 4,393.16 SPORTS BOTTLE FILLING & DRINKING FOUNTAIN 695.00 TRAFFIC ENGINEERING DIGITAL MANUALS Check Total: 18,039.66 Payments Issued 3/10/2021 Total: 24,264.66 03/11/2021 DELTA DENTAL OF CALIFORNIA 12,277.08 DELTA DENTAL PREMIUM - MAR 2021 03/11/2021 UNUM LIFE INS CO OF AMERICA 12,312.79 LIFE AND AD&D PREMIUM - MAR 2021 03/11/2021 VISION SERVICE PLAN - (CA) 2,177.67 VISION INSURANCE PREMIUM - MAR 2021 Payments Issued 3/11/2021 Total: 26,767.54 03/15/2021 ADAMSON POLICE PRODUCTS 434.55 POLICE MOTOR UNIT UNIFORM 642.25 TACTICAL VEST ACCESSORIES Check Total: 1,076.80 03/15/2021 ADVANCED MOBILITY GROUP 1,472.50 DUBLIN BLVD SIGNAL COORDINATION STUDY JAN 2021 2,377.50 TRAFFIC SIGNAL SYSTEMS SUPPORT JAN 2021 Check Total: 3,850.00 146 Print Date: 04/02/2021 City of Dublin Page 8 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 03/15/2021 ALLEN'S AUTOMOTIVE & TOWING IN 375.00 POLICE EVIDENCE TOW 03/15/2021 AMY'S ENGRAVED SIGNS & AWARDS 322.07 EMPLOYEE NAME PLATES & ADA SIGNS 03/15/2021 APEX GRADING 14,650.00 FALLON VILLAGE GHAD MAINTENANCE SVCS 03/15/2021 ARORA, AKSHAY 6,048.00 REC CLASS INSTRUCTOR 03/15/2021 AXIS COMMUNITY HEALTH 2,083.00 HUMAN SERVICES GRANT JUL-SEP 2020 03/15/2021 BALDANZI, ROSEMARY 50.40 MILEAGE REIMBURSEMENT FEB 2021 03/15/2021 BFS LANDSCAPE ARCHITECTURE 7,100.00 FALLON SPORTS PARK DESIGN SVCS - PHASE 3 03/15/2021 BIG O'TIRES #7 218.96 POLICE VEHICLE TIRES & MAINTENANCE 03/15/2021 BKF ENGINEERS 3,617.50 PRELIMINARY ENGINEERING STUDY DUBLIN BLVD 03/15/2021 BLAISDELL'S BUSINESS PRODUCTS 1,510.33 OFFICE SUPPLIES-FEB 2021 1,083.94 OFFICE SUPPLIES-JAN 2021 Check Total: 2,594.27 03/15/2021 BOUND TREE MEDICAL, LLC. 477.71 POLICE EVIDENCE SUPPLIES 03/15/2021 BRINKS, INC. 209.10 ARMORED CAR SERVICE JAN 2021 205.80 ARMORED CAR SERVICE MAR 2021 Check Total: 414.90 03/15/2021 BSK ASSOCIATES INC. 861.75 GEOTECHNICAL SVCS-FALLON SPORTS PARK PH3 1,446.25 TESTING/INSPECTIONS SVCS-DON BIDDLE PARK Check Total: 2,308.00 03/15/2021 CARBONIC SERVICE 690.56 POOL CHEMICALS FOR THE WAVE 03/15/2021 CASTRO VALLEY PERFORMING ARTS 235.20 REC CLASS INSTRUCTOR 03/15/2021 COMMUNICATION ACADEMY 448.00 REC CLASS INSTRUCTOR 03/15/2021 DUBLIN FAMILY LP-VALOR CROSSNG 5,755.00 COVID-19 RENT ASSISTANCE PROGRAM 03/15/2021 DUBLIN RANCH SENIOR APTS. 4,677.00 COVID-19 RENT ASSISTANCE PROGRAM 03/15/2021 EASTERSEALS NORTHERN CA 8,136.50 HUMAN SERVICES GRANT JUL-DEC 2020 03/15/2021 EMERALD PARK 11,282.00 COVID-19 RENT ASSISTANCE PROGRAM 03/15/2021 ENGEO INC 496.25 FALLON CROSSING GHAD MANAGEMENT JAN 2021 10,246.25 FALLON VILLAGE GHAD MANAGEMENT JAN 2021 Check Total: 10,742.50 03/15/2021 FARAHMAND, AMIR 323.46 MILEAGE REIMBURSEMENT FEB 2021 03/15/2021 FEHR & PEERS 1,375.00 PARKING ASSESSMENT SERVICES 03/15/2021 FIRST CARBON SOLUTIONS 1,528.80 HERITAGE CEMETARY IMPROV-ENVIRONMENTAL 03/15/2021 GATES & ASSOCIATES, INC., DAVID L. 6,023.90 ENGINEERING SERVICES-IMAGINE PLAYGROUND 03/15/2021 GHD, INC. 2,394.00 SPEED LIMIT ENGINEERING/TRAFFIC SURVEYS 03/15/2021 GIS WORKSHOP LLC 5,123.00 SIMPLE SIGNS TRAFFIC SOFTWARE 03/15/2021 GOLDEN STATE WARRIORS LLC 14,093.00 JUNIOR WARRIORS UNIFORMS 03/15/2021 GRAYBAR ELECTRIC COMPANY, INC. 1,954.38 LIGHTING SYSTEM FOR PUBLIC ART 03/15/2021 GROUNDED SOLUTIONS NETWORK 6,000.00 HOMEKEEPER SOFTWARE ANNUAL RENEWAL 03/15/2021 GROUP 4 ARCHITECTURE, 55,672.38 DESIGN OF CULTURAL ARTS CENTER TASKS 1 & 2 03/15/2021 HAIDER, AGHA S. 251.72 MILEAGE REIMBURSEMENT FEB 2021 03/15/2021 JAM SERVICES INC 7,603.80 TRAFFIC SIGNAL SUPPLIES 03/15/2021 JAVORSKY, KYLE 280.00 MILEAGE REIMBURSEMENT FEB 2021 03/15/2021 KIDZ LOVE SOCCER 32.20 REC CLASS INSTRUCTOR 03/15/2021 KIMLEY-HORN AND ASSOC. INC. 7,031.74 HOUSING ELEMENT UPDATE CONSULTING SERVICES 03/15/2021 KITTELSON & ASSOCIATES, INC. 3,382.50 CITYWIDE BIKE/PED MASTER PLAN UPDATE 1,315.00 DOWNTOWN SPECIFIC PLAN MODELING SUPPORT 2,345.00 SB 743 VMT IMPLEMENTATION & MODEL Check Total: 7,042.50 03/15/2021 KOTA ENERGY GROUP 86.20 REFUND BUILDING PERMIT FEE 147 Print Date: 04/02/2021 City of Dublin Page 9 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 03/15/2021 LEHR AUTO 226.69 POLICE VEHICLE MAINTENANCE & REPAIR 03/15/2021 LUM, MARVIN 126.45 MILEAGE REIMBURSEMENT FEB 2021 03/15/2021 MEYERS NAVE 56,752.46 LEGAL SERVICES FOR JAN 2021 03/15/2021 OLIVAS, DANIEL 220.08 MILEAGE REIMBURSEMENT FEB 2021 03/15/2021 OLIVAS, JOSH 162.40 MILEAGE REIMBURSEMENT FEB 2021 03/15/2021 PAKPOUR CONSULTING GROUP, INC. 1,062.00 2019 SLURRY SEAL PROJECT MANAGEMENT 6,549.00 PROJECT MANAGEMENT-DON BIDDLE PARK 6,195.00 PROJECT MANAGEMENT-IMAGINE PLAYGROUND Check Total: 13,806.00 03/15/2021 PETIT, CHRISTINE 158.40 REC CLASS INSTRUCTOR 03/15/2021 PGADESIGN INC. 23,832.50 HERITAGE PARK IMPROVEMENTS DESIGN SVCS 03/15/2021 POWERGEN INC. 344.48 REFUND BUILDING PERMIT FEE 03/15/2021 PUBLIC BENEFIT TECHNOLOGY 3,500.00 YEARLY ARCHIVING AND INDEXING 03/15/2021 REDWOOD TOXICOLOGY LAB. INC. 138.00 FORENSIC DRUG AND ALCOHOL EXAMS 03/15/2021 RRM DESIGN GROUP, A CA CORP 18,925.00 CONSULTING SVCS-MULTI-FAM DEV & ADU'S 3,280.00 LANDSCAPE PLAN CHECK & INSPECTION SVCS Check Total: 22,205.00 03/15/2021 SALESFORCE.COM, INC. 4,788.00 SALESFORCE SOFTWARE RENEWAL 03/15/2021 SELECT IMAGING 229.88 CITY COUNCIL MEMBER NAME PLATES 03/15/2021 SQUAD ESTATES 932.40 REC CLASS INSTRUCTOR 03/15/2021 STEMLAB, LLC 756.00 REC CLASS INSTRUCTOR 03/15/2021 TRAPANI MCGOVERN PROPERTY 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 03/15/2021 TREASURER ALAMEDA COUNTY 3,521,400.84 DUBLIN POLICE SERVICES 11/01/20-12/26/20 03/15/2021 TREASURER ALAMEDA COUNTY 39,671.54 POLICE SERVICES-DISPATCH TRUE UP 03/15/2021 TREASURER ALAMEDA COUNTY 29,055.76 TRAFFIC SIGNAL/ STREET LIGHT MAINTENANCE 03/15/2021 UNIVAR USA INC 788.65 POOL CHEMICALS FOR THE WAVE 03/15/2021 WATERFORD PLACE APARTMENTS 2,315.00 COVID-19 RENT ASSISTANCE PROGRAM 03/15/2021 WC3-WEST COAST CODE CONSULTANT 1,755.00 PLAN CHECK SERVICES FEB 2021 03/15/2021 WESTERN PACIFIC SIGNAL LLC 16,613.47 TRAFFIC SIGNAL EQUIPMENT 03/15/2021 YU, GILBERT 131.82 MILEAGE REIMBURSEMENT FEB 2021 03/15/2021 ZUMWALT ENGINEERING GROUP 352.00 PLAN REVIEW SERVICES-FALLON SPORTS PARK Payments Issued 3/15/2021 Total: 3,950,232.27 03/19/2021 CAL PERS 78,610.08 PERS RETIREMENT PLAN: PE 3/12/21 03/19/2021 EMPLOYMENT DEVELOPMENT DEPT 18,186.87 CA STATE WITHHOLDING: PE 3/12/21 03/19/2021 I C M A 401 PLAN 1,972.66 DEFERRED COMP 401A: PE 3/12/21 03/19/2021 I C M A 457 PLAN 34,461.92 DEFERRED COMP 457: PE 3/12/21 03/19/2021 INTERNAL REVENUE SERVICE 56,099.34 FEDERAL WITHHOLDING: PE 3/12/21 03/19/2021 US BANK - PARS 1,877.87 PARS: PE 3/12/21 03/19/2021 WAGEWORKS, INC. 3,067.80 WAGEWORKS: PE 3/12/21 Payments Issued 3/19/2021 Total: 194,276.54 03/22/2021 4LEAF INC. 60,524.00 BLDG INSPECTION & PLAN CHECK SVCS FEB 2021 03/22/2021 ADAMSON POLICE PRODUCTS 176.22 POLICE TACTICAL VEST ACCESSORIES 03/22/2021 ADDANKI, SARAT 450.00 RECREATION REFUND 03/22/2021 ADVANCED INTEGRATED PEST 5,025.00 PEST CONTROL SERVICES FEB 2021 03/22/2021 AMADOR VALLEY INDUSTRIES LLC 22,061.22 CAMPS PARKS WASTE SERVICES FEB 2021 03/22/2021 AMERICAN BUILT POOLS INC 98.00 REFUND BUSINESS LICENSE APP FEE 03/22/2021 AMP PRINTING, INC. 194.20 BUSINESS CARDS 148 Print Date: 04/02/2021 City of Dublin Page 10 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 169.34 PRINTING SERVICES-ST. PATRICK'S DAY STREET SIGNS Check Total: 363.54 03/22/2021 AMY'S ENGRAVED SIGNS & AWARDS 278.59 PLANNING COMMISSIONERS COUNCIL NAMEPLATES 03/22/2021 ARUMUGAM, ANGURAJ 48.00 RECREATION REFUND 03/22/2021 AT&T - CALNET 3 301.38 SERVICE TO 02/26/2021 139.25 SERVICE TO 02/27/2021 132.54 SERVICE TO 03/01/2021 Check Total: 573.17 03/22/2021 AVALON BAY COMMUNITIES, INC. 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 03/22/2021 BAY AREA NEWS GROUP 274.32 PLANNING LEGAL NOTICES FEB 2021 03/22/2021 BIG O'TIRES #7 55.72 POLICE VEHICLE TIRES & MAINTENANCE 03/22/2021 BLOSCH, SHARON 174.00 RECREATION REFUND 03/22/2021 BLOSSOM BEE 2,998.00 RECOVERY BOOST GRANT PROGRAM 03/22/2021 BROOKFIELD RESIDENTIAL 40,416.85 REFUND OF PERFORMANCE SECURITY DEPOSIT 03/22/2021 BRUNS, BARBARA 56.00 RECREATION REFUND 03/22/2021 CAL ENGINEERING & GEOLOGY INC 2,056.25 ENGINEERING SERVICES - JAN 2021 03/22/2021 CALLAWAY, CAROL 33.50 RECREATION REFUND 03/22/2021 CHACON DENTAL STUDIO 5,164.63 RECOVERY BOOST GRANT PROGRAM 03/22/2021 COMCAST 2,300.00 CIVIC CENTER & FIRE STATION INTERNET MAR 2021 03/22/2021 DAMONTE, HELEN 94.00 RECREATION REFUND 03/22/2021 DAY, MOTOKO 205.00 RECREATION REFUND 03/22/2021 DEBBIE, WAGNER 44.00 RECREATION REFUND 03/22/2021 DENALECT ALARM COMPANY 336.00 QUARTERLY FIRE ALARM SERVICE FIRE STATION 03/22/2021 DEPARTMENT OF JUSTICE 258.00 FINGERPRINTING SERVICES DEC 2020 64.00 FINGERPRINTING SERVICES FEB 2021 Check Total: 322.00 03/22/2021 DUBLIN STATION BY WINDSOR 4,842.00 COVID-19 RENT ASSISTANCE PROGRAM 03/22/2021 ECS IMAGING INC. 2,250.00 LASERFICHE SOFTWARE LICENSING & MAINTENANCE 03/22/2021 EISENHART, ALEX 338.64 REIMBURSEMENT FOR OFFICE EQUIPMENT 03/22/2021 FIRST AMERICAN TITLE 5,000,000.00 ACQUISITION OF 6541-6543 REGIONAL ST. 03/22/2021 FRESCHAUF, KENNETH 225.00 RECREATION REFUND 03/22/2021 GH PACVEST, LLC 9,612.61 REFUND DEVELOPER DEPOSIT 03/22/2021 GOSIENGFAO, ZARAH 110.00 RECREATION REFUND 03/22/2021 GUIDA SURVEYING INC. 348.00 ENGINEERING SERVICES - JAN 2021 03/22/2021 HARRELL HARRIS PHOTOGRAPHY 450.00 PHOTOGRAPHY SVCS-IMAGINE PLAYGROUND OPENING 03/22/2021 HEARTBEAT KTV 5,703.99 RECOVERY BOOST GRANT PROGRAM 03/22/2021 HERC RENTALS INC. 3,240.32 ST. PATRICK'S FESTIVAL ELECTRICAL SERVICES 03/22/2021 HOVE, ALYSSA 80.00 RECREATION REFUND 03/22/2021 IRON MOUNTAIN 373.01 POLICE RECORDS STORAGE MAR 2021 03/22/2021 JENSEN, JUDY 70.00 RECREATION REFUND 03/22/2021 K HOVNANIAN HOMES, INC. 2,505.71 REFUND DEVELOPER DEPOSIT 03/22/2021 KHAN, ASHANA 105.00 RECREATION REFUND 03/22/2021 KIMLEY-HORN AND ASSOC. INC. 4,120.00 ENGINEERING SERVICES - JAN 2021 2,547.01 HOUSING ELEMENT UPDATE CONSULTING SERVICES 17,282.20 PREPARE CEQA DOCS FOR EAST RANCH PROJECT Check Total: 23,949.21 03/22/2021 LANGUAGE LINE SERVICES 51.14 LANGUAGE LINE SERVICES FEB 2021 03/22/2021 LANLOGIC INC. 6,305.00 INFORMATION SYSTEMS CONSULTING SVCS 1,050.00 MALWARE SOFTWARE ANNUAL MAINTENANCE 149 Print Date: 04/02/2021 City of Dublin Page 11 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 425.00 NETWORK MONITORING SERVICES 915.91 SONICWALL SECURITY SOFTWARE MAINT RENEWAL Check Total: 8,695.91 03/22/2021 LENNAR HOMES 23,487.68 REFUND DEVELOPER DEPOSIT 03/22/2021 LSA ASSOCIATES INC. 120.00 PLANNING AND ENVIRONMENTAL SERVICES 14,496.96 PLANNING SVCS-INSPIRATION DRIVE ASST LIVING Check Total: 14,616.96 03/22/2021 MANAGEMENT PARTNERS INC. 4,000.00 CITY COUNCIL 2021 TEAM BLDG WORKSHOP 03/22/2021 MCE CORPORATION 9,497.42 LANDSCAPE MAINTENANCE DSRSD FEB 2021 03/22/2021 MEYERS NAVE 12,950.00 LEGAL SERVICES-COST ONLY INVOICE 03/22/2021 MINUTEMAN PRESS 191.76 "NO PLACE FOR HATE" POSTERS 236.92 ST. PATRICK'S FESTIVAL PRINTING SUPPLIES Check Total: 428.68 03/22/2021 OPEN HEART KITCHEN 12,877.00 HUMAN SERVICES GRANT FY20-21 03/22/2021 PG&E 25,526.66 SERVICE TO 02/16/2021 4,144.68 SERVICE TO 02/24/2021 112.14 SERVICE TO 02/25/2021 131.42 SERVICE TO 02/28/2021 258.69 SERVICE TO 03/01/2021 4,045.87 SERVICE TO 03/02/2021 Check Total: 34,219.46 03/22/2021 PRIME TIME ENTERTAINMENT 1,650.00 ST. PATRICK'S DAY CONCERT AUDIO SYSTEM RENTAL 03/22/2021 QUADIENT FINANCE USA, INC. 251.40 POSTAGE FOR POLICE SERVICES - JAN 2021 03/22/2021 QUADIENT LEASING USA, INC. 1,066.39 NEOPOST MAIL MACHINE LEASE FY20-21 03/22/2021 REDWOOD TOXICOLOGY LAB. INC. 311.00 FORENSIC DRUG AND ALCOHOL EXAMS 03/22/2021 SAN FRANCISCO ELEVATOR SVC INC 359.71 ELEVATOR MAINTENANCE INSPECTIONS MAR 2021 03/22/2021 SEED COLLABORATIVE, LLC 4,093.75 COMMUNITY TASK FORCE FACILITATION 03/22/2021 SILK NAIL DESIGN 1,464.28 RECOVERY BOOST GRANT PROGRAM 03/22/2021 SIMPLY KABOB & PIZZA LLC 3,497.07 RECOVERY BOOST GRANT PROGRAM 03/22/2021 SPECIAL EVENTS 1,250.30 ST. PATRICK'S DAY EQUIPMENT RENTAL 03/22/2021 SPECIFIED PLAY EQUIPMENT CO 89,518.42 RETENTION RELEASE-IMAGINE PLAYGROUND PROJ 03/22/2021 SPECTRUM COMMUNITY SVCS INC. 2,700.57 CARES COVID-19 PROGRAM GRANT 1,144.96 HUMAN SERVICES GRANT FY20-21 Check Total: 3,845.53 03/22/2021 SPEEDO CHECK 833.00 POLICE VEHICLE SPEEDOMETER CALIBRATIONS 03/22/2021 STONERIDGE CHRYSLER JEEP DODGE 1,309.15 POLICE VEHICLE MAINTENCE & REPAIR 03/22/2021 TRB AND ASSOCIATES, INC. 1,417.50 PLAN CHECK SERVICES - FEB 2021 03/22/2021 TREASURER ALAMEDA COUNTY 11,493.25 CRIME LAB SERVICES - DEC 2020 7,439.25 CRIME LAB SERVICES - JAN 2021 7,257.50 CRIME LAB SERVICES - MAY 2019 Check Total: 26,190.00 03/22/2021 TRIBBY, COLLEEN 866.99 REIMBURSEMENT FOR REPLACEMENT COMPUTER 03/22/2021 U.S. POSTAL SERVICE 2,321.95 POSTAGE FOR WALLIS RANCH COMMUNITY PARK 03/22/2021 U.S. POSTAL SERVICE 245.00 BUSINESS REPLY MAIL PERMIT # 116000 03/22/2021 UNITED SITE SERVICES OF CA INC 665.57 PD TRAILER SEPTIC TANK SERVICES 03/22/2021 UNIVERSAL BUILDING SERVICES & 511.50 CARPET CLEANING SHANNON CENTER DEC 2020 511.50 CARPET CLEANING SHANNON CENTER FEB 2021 355.50 CARPET CLEANING SHANNON CENTER JAN 2021 150 Print Date: 04/02/2021 City of Dublin Page 12 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 355.50 CARPET CLEANING SHANNON CENTER NOV 2020 Check Total: 1,734.00 03/22/2021 VERIZON WIRELESS 1,748.46 POLICE SITCAM SERVICE TO 03/03/21 304.08 POLICE VEHICLE MODEM SERVICE Check Total: 2,052.54 Payments Issued 3/22/2021 Total: 5,470,099.30 03/24/2021 EMPLOYMENT DEVELOPMENT DEPT 25,103.30 UNEMPLOYMENT INSURANCE REIMB Q2 FY 20-21 Payments Issued 3/24/2021 Total: 25,103.30 03/29/2021 ACTIVE SPINE & REHAB CENTER 2,429.77 RECOVERY BOOST GRANT PROGRAM 03/29/2021 ADAMSON POLICE PRODUCTS 116.68 TACTICAL VEST ACCESSORIES 03/29/2021 AMADOR LAKES APARTMENTS 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 03/29/2021 ARORA, RITESH 6,000.00 COVID-19 RENT ASSISTANCE PROGRAM 03/29/2021 AT&T - CALNET 3 1,230.28 SERVICE TO 03/12/2021 522.27 SERVICE TO 03/14/2021 Check Total: 1,752.55 03/29/2021 BIG O'TIRES #7 135.30 POLICE VEHICLE TIRES & MAINTENANCE 03/29/2021 BRISSEY, ADAM 71.57 MILEAGE REIMBURSEMENT FEB 2021 03/29/2021 CALICO CENTER 4,500.00 ANNUAL FORENSIC SERVICE FEE 03/29/2021 COVANTA ENERGY, LLC 498.99 POLICE EVIDENCE DESTRUCTION 03/29/2021 CUBIC ITS, INC. 17,474.54 TRAFFIC SIGNAL SYSTEM EQUIPMENT 5,817.05 TRAFFIC SOFTWARE ANNUAL SUBSCRIPTION Check Total: 23,291.59 03/29/2021 DUBLIN CHEVROLET 2,195.45 POLICE VEHICLE MAINTENANCE & REPAIR 03/29/2021 DUTCHOVER & ASSOCIATES 2,148.75 LANDSCAPE PLAN CHECK & INSPECTION SVCS 03/29/2021 FANG QIAN 5,600.00 COVID-19 RENT ASSISTANCE PROGRAM 03/29/2021 FASTSIGNS 440.15 PUBLIC SAFETY COMPLEX SIGNAGE 96.94 TAXI PERMIT SUPPLIES Check Total: 537.09 03/29/2021 FIRST AMERICAN TITLE 1,850.00 ESCROW FEES -6541-6543 REGIONAL STREET 03/29/2021 FRANCISCO & ASSOCIATES, INC. 27,899.30 ACQUISITION AUDIT SERVICES PH2 & 3 CFD 2 03/29/2021 GEOSYNTEC CONSULTANTS, INC. 1,064.51 GREEN INFRASTRUCTURE/STRMWTR RESOURCE PLAN 03/29/2021 HINDERLITER, DE LLAMAS & ASSOC 5,550.04 SALES TAX AUDIT CONSULTING SERVICES 03/29/2021 KAUFUSI, STACEY 500.00 SENIOR CENTER RENTAL DEPOSIT REFUND 03/29/2021 KIMLEY-HORN AND ASSOC. INC. 14,586.47 HOUSING ELEMENT UPDATE CONSULTING SERVICES 03/29/2021 LCS ENTERPRISES INC. 5,700.00 COVID-19 RENT ASSISTANCE PROGRAM 03/29/2021 LEWIS SOFTWARE ASSOC. LLC 46.95 941 QUARTERLY RETURNS FILING SERVICE 03/29/2021 LIFELOC TECHNOLOGIES INC 221.46 POLICE EQUIPMENT REPAIR 03/29/2021 MAMA JI LLC 10,000.00 RECOVERY BOOST GRANT PROGRAM 03/29/2021 M-GROUP 4,707.50 PLANNING SERVICES FEB 2021 03/29/2021 MICHAEL BAKER INT'L, INC. 2,580.00 HOUSING CONSULTING SERVICES FEB 2021 03/29/2021 MINUTEMAN PRESS 808.45 COLOR BOOKLETS FOR ST. PATRICK'S DAY 03/29/2021 MNS ENGINEERS, INC. 24,570.00 ENGINEERING SERVICES DEC 2020 17,920.00 ENGINEERING SERVICES JAN 2021 27,475.00 ENGINEERING SERVICES OCT 2020 Check Total: 69,965.00 03/29/2021 PAKPOUR CONSULTING GROUP, INC. 15,684.00 ENGINEERING SERVICES FEB 2021 03/29/2021 PARKWAY BODY SHOP 3,352.19 POLICE VEHICLE REPAIR - 19D20 03/29/2021 PG&E 8,168.07 SERVICE TO 02/15/2021 151 Print Date: 04/02/2021 City of Dublin Page 13 of 13 Payment Issuance Report Payments Dated 3/1/2021 through 3/31/2021 Date Issued Payee Amount Description 6,021.55 SERVICE TO 03/02/2021 2,137.34 SERVICE TO 03/03/2021 31,084.22 SERVICE TO 03/08/2021 5,811.74 SERVICE TO 03/09/2021 256.53 SERVICE TO 03/10/2021 Check Total: 53,479.45 03/29/2021 PHOENIX GROUP INFO SYS. 225.00 PARKING CITATION PROCESSING - FEB 2021 03/29/2021 PSOMAS 145.00 GIS PORTAL DEVELOPMENT SERVICES 03/29/2021 SNG & ASSOCIATES INC. 26,957.75 ENGINEERING SERVICES - NOV 2020 16,226.50 ENGINEERING SERVICES - SEP 2020 Check Total: 43,184.25 03/29/2021 STONERIDGE CHRYSLER JEEP DODGE 1,454.90 POLICE VEHICLE MAINTENCE & REPAIR 03/29/2021 STRIZZIS RESTAURANTS INC 10,000.00 RECOVERY BOOST GRANT PROGRAM 03/29/2021 TREASURER ALAMEDA COUNTY 2,541.00 PARKING CITATIONS COLLECTED FEB 2021 03/29/2021 VUONG, BRIAN 222.00 RECREATION REFUND 03/29/2021 ZUMWALT ENGINEERING GROUP 25,415.50 ENGINEERING SERVICES JAN 2021 Payments Issued 3/29/2021 Total: 356,460.71 03/31/2021 DSRSD 698.77 SERVICE TO 2/28/2021 Payments Issued 3/31/2021 Total: 698.77 Grand Total for Payments Dated 3/1/2021 through 3/31/2021: 12,567,985.69 Total Number of Payments Issued: 424 152 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 4.6 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies Prepared by: Dean McDonald, Public Works Maintenance Superintendent and Laura Borjon, Administrative Aide EXECUTIVE SUMMARY: The City Council will consider approving an agreement with Tri-Valley Janitorial Service & Supply, Inc. to provide janitorial services and supplies for the City of Dublin. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies. FINANCIAL IMPACT: The total not-to-exceed amount for the proposed three-year contract term is $2,397,977. The estimated cost in Fiscal Year 2021-22 is $776,554, comprising $445,667 for City facilities and $330,887 for the Camp Parks Reserve Forces Training Area. The total cost in Fiscal Years 2022-23 and 2023-24 is $799,100 and $822,323, respectively, which includes cost-of-living adjustments. All expenditures for services provided to the Camp Parks Reserve Forces Training Area will be reimbursed through the City’s Intergovernmental Support Agreement with Camp Parks. DESCRIPTION: On February 19, 2021, the City issued a Request for Proposals (RFP) for routine janitorial and related on-call services. The RFP specified that the vendor selection would be based on quality and completeness of submissions, the company's experience with engagements of similar scope and complexity, and the cost for services. The RFP was sent to contractors previously under contract with the City and to those that had expressed interest in receiving RFPs. The RFP was also posted on the City's website. In response to the RFP, Staff received proposals from the 11 firms listed below. 153 Page 2 of 4 SUBMITTED PROPOSALS Karla's Janitorial First Choice Building Maintenance Universal Building Services Allied Universal Janitorial Services OpenWorks Facility Services Imperial Maintenance Services, Inc LCS Facility Group Tri-Valley Janitorial Service & Supply Golden State Green Clean Service by Medallion Janpoint Two of the submissions were deemed incomplete. After evaluating the remaining nine proposals, Staff identified Tri-Valley Janitorial Service & Supply, Inc. as the most qualified to provide the desired services. It should be noted that while the City's Purchasing Ordinance allows the selection of maintenance contractors based on considerations other than price, Tri-Valley Janitorial also provided the lowest bid. Tri-Valley Janitorial’s proposal is made up of three components: routine services, extra services related to COVID-19, and services to Camp Parks. These components are discussed below. Routine City Services City Facilities Monthly Rate Annual Cost City Hall Wing, Civic Center, 100 Civic Plaza, including portable building located in Cultural Arts Center parking lot, 5-days per week service, Monday-Friday $3,180.00 $38,160.00 Cultural Arts Center Wing, Civic Center, 100 Civic Plaza, 5-days per week service, Monday-Saturday $2,100.00 $25,200.00 Library, 200 Civic Plaza (Community Room, Lobby, Main Restrooms, Staff Offices), 6-days per week service, Monday-Sunday, except Friday $4,252.00 $51,024.00 Shannon Community Center, 11600 Shannon Avenue, 5-days per week service, Monday-Friday $2,149.00 $25,788.00 Senior Center, 7600 Amador Valley Blvd., 5-days per week service, Monday-Friday $1,947.75 $23,373.00 154 Page 3 of 4 Heritage Center, 6600 Donlon Way, including Murray Schoolhouse and St. Raymond’s Church, 3-days per week service (Murray Schoolhouse) 1-day per week service (St. Raymond’s Church) $567.00 $6,804.00 Dublin Heritage Park and Museum, 11285 Dublin Blvd., 5-days per week service, Monday-Friday $567.00 $6,804.00 The Wave Aquatic Center, 4201 Central Pkwy 7-days per week service $4,400.00 $52,800.00 Corporation Yard, 5709 Scarlett Court, 3-days per week service, Mon, Wed, Friday $640.00 $7,680.00 Public Safety Complex (Police Services), 6361 Clark Ave, 6-days per week service, Monday-Saturday $2,800.00 $33,600.00 TOTAL ANNUAL COST $271,233.00 COVID In addition to base services, the City solicited additional COVID-related janitorial services as part of the RFP, including Monday-Friday disinfecting of high-touch areas and monthly electrostatic disinfection in all City buildings. Although these are categorized as extra work, Staff plans to continue these services for the foreseeable future in light of the pandemic. Extra Services – COVID Monthly Rate Annual Cost Daily Cleaning and disinfecting of high-touch areas at various City Facilities 5-days per week service, Monday-Friday $3,980.00 $47,760.00 Electrostatic Cleaning at various City Facilities Monthly $3,988.00 $47,856.00 TOTAL ANNUAL COST $95,616.00 Camp Parks The City of Dublin provides janitorial services and supplies to Parks Reserve Forces Training Area (Camp Parks) via an Intergovernmental Support Agreement (IGSA) for Municipal Services approved on December 3, 2019. The RFP scope of services included the janitorial needs of Camp Parks, and interested firms were invited to visit Camp Parks facilities. In accordance with the IGSA, the City is reimbursed for both actual and indirect costs of janitorial services and supplies provided at Camp Parks. Camp Parks Reserve Forces Training Area Monthly Rate Annual Cost Office and training areas $21,000.00 $252,000.00 Tile floor maintenance $2,308.00 $27,696.00 Janitorial Supplies $4,265.92 $51,191.04 TOTAL ANNUAL COST $330,887.04 Extra Work Extra Work is any janitorial service above the base services, at a rate of $21.50 per hour for a minimum of two hours. Extra Work is typically performed for special events and weekend rentals in buildings that do not have weekend janitorial service. Extra Work costs are offset with revenue 155 Page 4 of 4 received through facility rental fees. Prior to the pandemic, the amount of Extra Work had been increasing consistently each year based on increasing facility rental activity. Total Cost The table below shows the total estimated annual costs for each year, including supplies (such as toilet paper, paper towels, trash liners, and soap) provided to the City and Camp Parks through the IGSA. Year 1 Year 2 Year 3 Total City Facilities Services $271,233.00 $279,370.00 $287,751.00 $838,354.00 COVID Janitorial Services $95,616.00 $98,484.48 $101,439.01 $295,539.49 Janitorial Supplies (Est.) $53,817.50 $55,432.03 $57,094.99 $166,344.52 Extra Work (Est.)$25,000.00 $25,000.00 $25,000.00 $75,000.00 CITY SUBTOTAL $445,666.50 $458,286.51 $471,285.00 $1,375,238.01 Camp Parks RFTA Services & Supplies $330,887.00 $340,813.61 $351,038.02 $1,022,738.63 TOTAL $776,553.50 $799,100.12 $822,323.02 $2,397,976.64 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving an Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies 2) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. 3) Request for Proposals for Janitorial Services and Supplies 156 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH TRI-VALLEY JANITORIAL SERVICE & SUPPLY, INC. FOR JANITORIAL SERVICES AND SUPPLIES WHEREAS,Staff issued a Request for Proposals (RFP) for janitorial services and supplies for all City and Camp Parks facilities; and WHEREAS,the City received 11 responses to the RFP, with two deemed incomplete; and WHEREAS, Staff reviewed and evaluated the responsive proposals in accordance with the RFP rating criteria and determined that Tri-Valley Janitorial Service & Supply, Inc. best met the City’s desired scope of services, based on completeness and quality of proposal, experience, client satisfaction, and service costs; and WHEREAS,the City Council now desires to enter into an agreement with Tri-Valley Janitorial Service & Supply, Inc for a three-year contract term for janitorial services at City facilities, and at Camp Parks via the current Intergovernmental Services Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Tri-Valley Janitorial Service & Supply, Inc., attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 157 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 1 of 14 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRI-VALLEY JANITORIAL SERVICE & SUPPLY, INC. THIS AGREEMENT for contract services is made by and between the City of Dublin (“City”) and Tri-Valley Janitorial Service & Supply, Inc. (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Contractor 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 Contractor is engaged. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed TWO MILLION THREE HUNDRED NINETY-SEVEN THOUSAND NINE HUNDRED SEVENTY-SEVEN ($2,397,977.00), notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the Attachment 2 158 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 2 of 14 time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:  The dates of service provided at each facility;  Location of each service;  Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work  The Contractor’s signature; 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor 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 Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. Attachment 2 159 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 3 of 14 2.5 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.6 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.7 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Public Works Superintendent. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor 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 Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to Attachment 2 160 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 4 of 14 personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS. Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor 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 Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. Attachment 2 161 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 5 of 14 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Public Works Superintendent. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following: a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. Attachment 2 162 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 6 of 14 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 All Policies Requirements. 4.3.1 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. 4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, Attachment 2 163 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 7 of 14 it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor 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 Contractor’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 Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. Attachment 2 164 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 8 of 14 The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an Attachment 2 165 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 9 of 14 agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor 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. Contractor represents and warrants to City that Contractor 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, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Public Works Superintendent or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. Attachment 2 166 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 10 of 14 In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Public Works Superintendent, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’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 Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Public Works Superintendent. Contractor 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 Public Works Superintendent. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Attachment 2 167 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 11 of 14 Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any Attachment 2 168 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 12 of 14 provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. 10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Contractor shall be sent to: Tri-Valley Janitorial Service and Supply Inc Amy Giamona 313 Earhart Way Livermore, CA 94551 Any written notice to City shall be sent to: Attachment 2 169 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Page 13 of 14 City of Dublin Att:_Dean McDonald, Public Works Superintendent 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Conflict of Interest Statement 10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE Attachment 2 170 Attachment 2 171 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 1 of 27 EXHIBIT A SCOPE OF SERVICES SECTION 1 – GENERAL SERVICE PROVISIONS A. Work Schedule - Janitorial services shall be provided up to seven (7) days per week at the time specified for each location. General cleaning shall be performed between the hours of 5:00 PM and 5:00 AM. The available time schedules for individual facilities are set forth in Attachments 1 through 10 of this Exhibit A. The City reserves the right, with one (1) week’s advance notice, to change schedules. Contractor shall provide twenty-four (24) hour emergency response, if requested, and shall respond to City within four (4) hours of request for emergency services. Contractor shall provide a specific monthly schedule of all monthly, quarterly and semiannual services by building, giving specific dates. The schedule for the first two (2) months shall be provided at least five (5) days prior to the first day of the Agreement term as set forth in Section 1.1. The schedule for the third month, and all subsequent months, shall be provided with each monthly invoice, and the invoices will not be paid if not accompanied by a cleaning schedule. Such monthly, quarterly and annual cleaning services shall be provided on the day stated on the monthly cleaning schedule; and if such work requires more than one (1) day to conclude, Contractor must complete the work on successive days. Contractor may request a change to this cleaning schedule with seven (7) days' advance notice. B. Holidays - The following twelve (12) days are City holidays on which Contractor may need to provide service. All City facilities are dynamic due to their programmed use; and some locations will require service on holidays, as provided below. New Year’s Day Veterans Day Martin Luther King, Jr.’s Birthday Thanksgiving Presidents Day Day after Thanksgiving Memorial Day Christmas Eve Independence Day Christmas Day Labor Day New Year’s Eve Buildings that may require service during holidays are listed below. The Public Works Superintendent or Facility Manager will provide a schedule of which buildings will require holiday service thirty (30) days prior to each holiday. • Public Safety Complex (Operates 24 hours/7 days per week) • Public Library (Possible holiday services) • Senior Center (Possible holiday services) • Shannon Community Center (Possible holiday services) • Dublin Heritage Center • Wave Aquatic Center Attachment 2 172 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 2 of 27 • Dublin Heritage Park and Museum • Corporation Yard C. Supplies and Equipment 1. Contractor shall furnish and keep in good working order all necessary tools, equipment and supplies, including, but not limited to, waxes, soaps, cleaners, mops, brooms, buffers, ladders, hoses, vacuum cleaners, etc. The Public Works Superintendent, or his/her designee, must approve all supplies and/or equipment prior to their use under this Agreement. Any non-complying equipment or supplies shall be changed out immediately at the request of the Public Works Superintendent or his/her designee. Janitorial closets located in City facilities may be used by Contractor and shall be kept clean and free of debris and odor at all times. All supplies and equipment stored in any City janitorial closet shall be stored in a neat and orderly manner and in such a way as to prevent injury to City staff, the public, or Contractor’s employees. Contractor’s on-site supervisor shall maintain an equipment inventory, and a copy shall be given to the Public Works Superintendent or designee, upon request. Unless otherwise agreed by the City in writing, cleaning products shall meet the Green Seal-37 Standards. Further information regarding environmental or Green Seal products can be found at http://www.greenseal.org/findaproduct/index.cfm. 2. Contractor shall provide the following products for use at City locations: toilet paper; paper towels; toilet seat covers; trash can liners; liquid hand soap; and feminine sanitary supplies. City shall also provide at its expense all utilities, including lights, power and water. Contractor shall stock and refill all restroom dispensers, as outlined in the applicable sections of this Exhibit A (Janitorial Cleaning Specifications – Master List, #9 Restrooms, Locker Rooms, Dressing Rooms and Showers). D. Supervision 1. Contractor shall provide a supervisor or lead custodian who shall be present during all scheduled cleaning hours and special work assignments at a City facility. This individual shall speak, read write, and understand English. All direction given to Contractor's supervisor shall be as binding as if given to Contractor. 2. Monthly janitorial supervisor’s reports shall be prepared and submitted to Public Works Superintendent, or his/her designee, noting any building deficiencies needing correction. 3. While performing work under this Agreement, Contractor's supervisor shall carry a cell phone and pager by which City staff shall be able to communicate with him/her. Other janitorial staff, at a minimum, should carry pagers and may use City phones designated by the Public Works Superintendent, or his/her designee, to respond to work-related issues. Attachment 2 173 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 3 of 27 4. Contractor shall provide a list of all Contractor’s staff assigned to each work site. The list shall include name, address, and driver’s license number and the employee’s work schedule and assignment. At Contractor's expense all of Contractor's employees shall have taken and satisfactorily passed background screening for drug and alcohol use. 5. Contractor's employees, including supervisors and managers, and employees performing regular service, fill-in work for absences, or any subcontract staff, who enter the Public Safety Complex, 6363 Clark Avenue, shall have satisfactorily passed a background investigation through Dublin Police Services. The background check includes Live Scan processing. Contractor shall be responsible for paying the Department of Justice fee for the Live Scan processing (at this time, approximately $100 per person). The City will absorb the staff time cost involved in running the Live Scan equipment. Contractor is responsible for scheduling these background checks prior to any of its employees working in the Public Safety Complex. The background checks must be performed at least two weeks (14 days) prior to the employee entering the facility. E. Training - Contractor shall provide ongoing documented training programs for all of Contractor’s staff. Training programs shall include, but not be limited to, quality standards, task definitions, IIPP plans (Injury and Illness Prevention Program), SDS sheets (Safety Data Sheets), Cal- OSHA (California Occupational Health and Safety) regulations and all other applicable safety regulations. Contractor shall provide to the Public Works Superintendent, or his/her designee prior to beginning of work, and annually thereafter (provided to City with the twelfth (12th) invoice of each year), a report showing the training provided for the janitorial staff working in City buildings. F. Employee Conduct - Employees of Contractor, while performing work under this Agreement, SHALL NOT: 1. Be accompanied in their work area by acquaintances, family members, assistants, or any other person unless such person is an on-duty authorized Contractor employee. 2. Remove any City property, or property, equipment, monies, forms or any other items belonging to an employee of the City, from City facilities. 3. Engage in horseplay or loud boisterous behavior. 4. Be under the influence of alcohol or drugs. 5. Gamble. 6. Smoke in any building. 7. Turn on or use any electronic equipment (computers, typewriters, radios, etc.) other than those supplied by Contractor. 8. Use any City telephones except those designated by the Public Works Superintendent, or his/her designee, for the performance of services under this Agreement. 9. Open any desk, file cabinet or storage cabinet. Attachment 2 174 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 4 of 27 10. Remove any articles from desks. 11. Consume any food or beverage other than that brought with or purchased by the employee. 12. Consume any food or beverage in any area NOT designated as a break or lunchroom. 13. Engage in non-work-related conversations with City employees or visitors. 14. Come to work late or leave work early. G. Employee Removal - Contractor shall remove from service on City premises any employee of Contractor who, in the opinion of the Public Works Superintendent, or his/her designee, is not performing the services in a proper manner or who is incompetent, disorderly, abusive, dangerous, insubordinate, disruptive, who does not comply with rules and regulations of the City, or is otherwise objectionable. Contractor shall in no way interpret such removal to require dismissal of or other disciplinary action against the employee; and such removal shall not be the basis of any claim for compensation or damages against the City or any of its officers, employees or agents as to the performance of the work. H. Employee Appearance and Identification - Contractor's personnel shall present a neat appearance and be easily recognized as Contractor employees. Contractor shall provide each employee with an identification badge and uniform. The badge shall include the employee’s photograph and name, an employee number and Contractor’s name. The identification badge shall be displayed on the front of the employee’s uniform at all times. Contractor accepts and understands that any employee who fails to meet this requirement may be asked to leave City property. Should this occur, the City will not compensate the Contractor or Contractor's employees for lost time. It is expressly understood that Contractor is responsible for ensuring that all of its employees possess and carry valid photo-identification at all times on City property. Contractor's employees shall be wearing their uniforms and identification badges prior to entering any City building, and uniforms and badges shall be worn at all times while working in a City facility. The uniform, at a minimum, shall be a uniform shirt to which Contractor’s business name and/or logo have been affixed. I. Employee Qualifications - Contractor's employees shall be at least eighteen (18) years of age and thoroughly trained and qualified in the work assigned to them. Contractor's employees shall be able to follow directions and shall be physically capable of performing the duties assigned to them, including lifting/moving heavy items, climbing ladders, etc. All janitorial staff working at any City facility shall be required to submit personal information and copies of driver’s licenses or other valid identification for the purpose of background checks. Such personnel will also be subject to Live Scan Fingerprinting processing at the contractor’s expense. The City reserves the right to deny access based on information obtained in the background check through Live Scan Fingerprinting. J. Reporting and Inspections Attachment 2 175 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 5 of 27 1. Building Control Log: Contractor's supervisor or lead custodian shall be responsible for maintaining building control logs. Contractor’s employees shall be responsible for signing in and out daily on the log. Further, Contractor's employees who provide special cleaning services are also required to sign in and out for services provided. The building control logs shall be the focal point for communication between the Contractor and the City and for sharing work- related comments and issues. 2. Status Reports: If and when unusual circumstances arise, a report shall be given to the Public Works Superintendent, or his/her designee, the day of the occurrence. Examples of unusual circumstances include, but are not limited to, the observance of suspicious persons around a City facility or the discovery of inoperable lighting in a City facility. 3. Regular Inspections: Contractor’s account manager and supervisor shall meet with Facility Management representatives quarterly to ensure compliance with contract specifications and shall initiate meetings, as needed, to review work sites and resolve problems. 4. Timely Billing: Contractor shall provide special cleaning service invoices within fourteen (14) days of the services being provided. City shall be under no obligation to pay any invoice which is submitted to Public Works Superintendent more than thirty (30) days beyond completion of special cleaning services. K. Work Performance - Contractor shall adhere to the highest quality standards of the janitorial profession and the City’s cleaning standards as communicated by the Public Works Superintendent, or his/her designee, and set forth in this Agreement. Contractor shall immediately verbally notify the Public Works Superintendent, or his/her designee, of any occurrence or condition that interferes with its ability to be in full compliance with Agreement requirements and shall confirm such verbal notification in writing within twenty-four (24) hours. L. Special Assignments - City may request janitorial services for special events not covered in the scope of services under this agreement and outside the normal scheduled cleaning hours as outlined herein. City may request these special services up to, but not later than, forty-eight (48) hours prior to the event. If the required services are outside Contractor's normal cleaning schedule, payment shall be made on the basis of the hourly rate and, if applicable, minimum number of hours as set forth in Exhibit B. M. Emergency Work - "Emergency work" is defined as any work beyond the general routine janitorial work required by this agreement. Emergency work shall require a shortened Contractor response time of between two (2) and four (4) hours, depending upon the nature of said work. Contractor shall have sufficient labor and call-out procedures to ensure that staffing is available for this type of unplanned requirement. The City of Dublin will work closely with Contractor to develop a procedure for reacting Attachment 2 176 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 6 of 27 to emergency situations. Compensation for “Emergency Work” shall be in accordance with the hourly rate for Special Assignments as described above. N. Storage - Contractor may use City janitorial closets, if available; and if utilized, Contractor shall keep this space in a neat, clean, odor free, and orderly condition. The City will not be responsible in any way for damage to or loss of Contractor’s stored supplies and/or equipment or for Contractor’s employees’ personal belongings stored in any City janitorial closets. As noted in Section 3 of the Agreement, if janitorial closets are not available, Contractor shall store its supplies and equipment in its own facility or company vehicles. O. Security - Contractor shall be required to have available the keys provided by the City at all times while providing service to the City. All doors shall be unlocked and locked in such manner and at such times as required by each building’s specifications. Contractor shall be responsible for ensuring that all doors are closed and locked during its performance of janitorial duties. Lost keys or security access cards shall be immediately reported to the Public Works Superintendent, or his/her designee, and charged to Contractor at the rate of $50.00 per key or security access card. In addition, Contractor shall reimburse City for all costs associated with re-keying any or all locks necessitated by lost keys in his/her control. Contractor's employees shall NOT set off, or fail to reset, a building alarm, as instructed. Such false alarms or failure to reset an alarm shall cause the City to incur damages, and Contractor shall be charged liquidated damages of One Hundred Fifty Dollars ($150) per event. Contractor's employees shall not operate for personal use any City computers, fax machines, telephones, television sets and/or copiers while performing services under this contract. Contractor shall be financially responsible for any loss, damages, or accrued charges for any unauthorized usage of City equipment. P. Care of Facilities - Contractor's employees shall regularly observe the general condition of all building areas and report problem areas to Contractor's supervisor or lead custodian. Contractor shall be responsible for knowledge of and use of all fire alarms and fire prevention equipment. In case of emergency, Contractor’s employees shall notify the Emergency Services by dialing 911 and shall then call or page the Public Works Superintendent, or his/her designee, immediately. For non-emergency repairs, Contractor shall report all required non-emergency repairs by contacting the Public Works Superintendent, or his/her designee. Q. Energy Conservation - Unless otherwise specified by Public Works Superintendent, lights are to be turned off in facilities when janitorial staff is finished working for the evening. R. Graffiti - Contractor shall immediately remove all graffiti from all surfaces found inside any of the buildings after consulting with the Public Works Superintendent, or his/her designee, for removal methodology. Graffiti noticed on the outside of any building shall be reported to Public Works Superintendent, or his/her designee. Attachment 2 177 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 7 of 27 SECTION 2 – REQUIRED SERVICES The services to be provided under this Agreement are listed in this Section 2 of Exhibit A. In some instances, services may differ among the various facilities. The following buildings are included in this agreement: • Civic Center, 100 Civic Plaza (Includes both City Hall and Cultural Arts Center Wings and portable building in parking lot) • Library, 200 Civic Plaza • Senior Center, 7600 Amador Valley Boulevard • Shannon Community Center, 11600 Shannon Avenue • Heritage Center (historical schoolhouse and church), 6600 Donlon Way • Heritage Park & Museum, 11285 Dublin Boulevard • Wave Aquatic Center, 2401 Central Parkway (year-round) • Corporation Yard, 5709 Scarlett Court • Public Safety Complex, 6363 Clark Avenue • Camp Parks (38 buildings) Following is a master list of services required under this Agreement. Not all services are required at all buildings; a specific breakdown is provided for each facility in Attachments 1 through 10 to this Exhibit A. 1. Flooring a. Vinyl, linoleum, or concrete floors (sweep) – Sweep with an anti-dust mop. b. Vinyl, linoleum, or concrete floors (damp or wet mop) – Use warm water with good quality cleaner that leaves no visible or sticky cleaner residue, when dry. Remove all scuff and surface marks. Rinse, if necessary, with clear warm water, and clean mop. Wipe any and all baseboards free of moisture and dirt. Protect all wall surfaces. Buff all tile floors, as required. c. Vinyl and linoleum (clean and wax floors – traffic areas) – Dust entire floor and corners with treated mop. Damp mop and remove any spot or stains. Allow flooring to dry completely. Apply wax in traffic areas only, feathering out to corners. Corners shall be waxed only as part of complete stripping process (see below). d. Vinyl and linoleum (strip) – Strip completely and wax, including corners. e. Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs (sweep) – Sweep surfaces. f. Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs (damp mop) – Use a dedicated mop and good-quality cleaner recommended for marble, slate, granite, ceramics and travertine. The floors shall be free of dust, dirt, cleaning material residue, streaks, mop strands, grease, and spills and thoroughly maintained to present an acceptable gloss. Protect all walls from splashing and wipe off any moisture or chemicals from all baseboards. Polish wood molding, if necessary, to prevent moisture damage. g. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (strip, seal) – Attachment 2 178 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 8 of 27 Apply stripping solution. Machine scrub (conventional machine) and wet vacuum stripping. This shall be followed by an application of a neutralizer rinse, followed by a damp mopping with clear water. When floor is dry, apply finish or sealer. Protect all wall finishes and wipe down all baseboards to be free of moisture and residue. Polish, as needed. h. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (refinishing) – Refinish as follows: Use a conventional (buffer) machine with a 3M blue cleaning pad and a trigger spray bottle with clean water to buff. Let floor dry. Follow with a dust mopping and then a damp mopping. Let floor dry. Apply two (2) coats of floor finish. Be sure floor is thoroughly dry between coats. Within twenty-four (24) hours of last application of finish, burnish with a high-speed buffing machine (1,100 rpm). 2. Hardwood Floors and Carpeting a. Hardwood floors for gymnasiums, ballrooms or dance floors (dust mopping) – Use a dedicated dust mop on hardwood floors with “Super Hil-Tone Dust” mop treatment, manufactured by Hillard (or equivalent). The mop shall be treated per manufacturer’s instructions. b. Hardwood floor surfaces (wet mopping) – Use a dedicated wet mop with Hillard Super Shine All Cleaner (or equivalent; specific products required for Senior Center bamboo wood flooring and floor machine at Stager Gym). At the Gym mopping is done with a floor cleaning machine that uses a foam cleaner solution. Remove all scuff and surface marks. Follow directions on label. NOTE – DO NOT USE the same mop for damp mopping and for applying the finish! c. Carpet and mats (vacuum traffic areas) – These areas include main entries and all doors, elevator lobbies, elevators, areas where food is available, main corridors in buildings and open landscaped areas. Vacuum traffic areas. Move all chairs, trashcans and other easily removed items, and vacuum underneath. Hand wipe baseboards. d. Carpet and mats (vacuum all areas, including edges and corners) – Vacuum with an industrial- powered vacuum cleaner and inspect for spots. Remove spots, following the manufacturer’s recommendations completely, with an approved industrial-grade spot remover that leaves no visible residue. Report to the Public Works Superintendent, or his/her designee, all tears, burns, unraveling or other damage. Move all chairs, trash cans and other easily removed items and vacuum underneath. Hand wipe baseboards. e. Carpet spot cleaning and spot removal – Perform, as necessary. f. Graffiti (remove all marks and writing) – Remove from all interior surfaces (doors and walls). If unable to remove graffiti, call Public Works at 925-833-6630 and leave a message. Leave caller's name, location of the building, floor and area where the graffiti is located. g. Walls, doors and molding (spot clean) – On a regular basis, inspect all walls, doors and moldings; and remove any and all fingerprints, smudges, dirt or accumulations from these areas, as required. 3. Doors and Entrances a. Doors and entrances (clean and polish) – Clean and polish interior and exterior surfaces to a height of 8’, removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or Attachment 2 179 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 9 of 27 accumulations from these areas. On a regular basis, inspect all doors and entrances; and clean doors and entrances across the entire width of the entrance front, as required. b. Drinking Fountains – Clean, disinfect and polish. c. Public Telephones (clean and disinfect) – Clean and disinfect all public telephones and enclosure walls. Remove all graffiti from phones and surrounding area. If unable to remove graffiti, contact Public Works at 925-833-6630 and give location and phone number. 4. Glass and Windows a. Glass and windows – On a regular basis, inspect all glass and frames and remove any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas to a height of 8 feet, as required. When glass is part of an entrance area, clean across the entire width of the entrance front, if required. Clean picture glass and mirrors as needed to remove fingerprints, smudges, and any other dirt or material, to leave a clean appearance. 5. Dusting a. Dusting – Remove all accumulated dust, dirt, debris and cobwebs from all surfaces, corners, shelving crevices, office desks, bookcases, tables, partition tops, window ledges and baseboards. Use treated mops and cloths to help prevent the redistribution of same into the air. Desktops shall be dusted only if papers have been removed. b. Dusting (high dusting) – Remove all accumulated dust, dirt and debris from the surfaces, corners, crevices, light fixtures, partition tops, window ledges, door frames, jambs, and blinds. Use treated mops and cloths to help prevent the redistribution of same in the air. Blind slats shall be individually cleaned. Remove cobwebs inside rooms, corners and ceilings. Clean HVAC vents and ceiling tiles. c. Wastebaskets – Empty wastebaskets and replace liners. Empty recycling containers in individual offices and common areas. Material from recycling containers shall be kept separate from other trash and placed in appropriate bins. Remove all other boxes, cardboard and containers which are designated as “trash” and place in the designated dumpster. Break down all cardboard boxes before discarding in dumpster. Large recycling bins inside facilities (for example, in the Civic Center mail room and lunchroom) may be emptied by others; contractor should verify with the Facility Manager for each facility where trash and recyclable material is to be taken. d. Wastebasket/trash containers (wash and disinfect) – Clean and disinfect all wastebaskets and trash containers in all interior and exterior locations. e. Artificial Plants – Clean to remove dust and other debris 6. Elevators a. Elevator (clean and polish) – Remove all finger and handprints, grease, oils, smudges or marks. Polish interior walls, ceilings, and doors inside and outside. Vacuum carpet and elevator door tracks. Spot clean carpet or flooring, as necessary, to remove stains and odors. 7. Stairwells, Exterior and Interior a. Staircases, balustrades and railings (dust and wipe) – Dust and wipe all staircase areas, including all railings and areas around and underneath stairs. Vacuum carpeted areas, and spot clean carpet. b. Stairwells – Sweep, damp mop and spot clean. Attachment 2 180 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 10 of 27 8. Offices a. Wooden furniture (clean and polish) – Clean and polish all wooden furniture with approved polish. Do not disturb any paperwork on desks, tables, and files. b. Formica and metal desks (clean all) – Clean all tables, stands, chairs, filing cabinets, locker tops and fronts. Do not disturb paperwork. c. Wood fixtures (polish) – Polish all wooden walls, doors, handrails, and all accents. d. White boards and pen rails (clean) – Wash and clean (only if boards are erased). e. Fabric or carpeted wall coverings (dust and/or vacuum, spot clean) – With a soft brush, dust all fabric and/or carpeted walls to maintain a neat and clean appearance. Vacuum all areas where a traffic pattern is evident. Spot clean areas per manufacturer’s specifications for wall covering. Damp wipe vinyl. Cloth fabrics require chemical cleaner to remove spots. f. Light switches (clean and disinfect) – Use a damp cloth to remove all smudges, fingerprints and dirt. Apply disinfectant. g. Light fixtures (clean all) – Dust all with treated cloth. Vacuum and damp wipe, if necessary, to remove all accumulated dust and dirt. h. HVAC vents and diffusers (clean all) – Vacuum and clean with disinfectant. Vacuum adjacent ceiling tiles and areas. 9. Restrooms, Locker Rooms, Dressing Rooms and Showers a. Restrooms (clean, disinfect, restock supplies) – Clean and disinfect all urinals, toilets, partitions and plumbing. Damp mop floors with disinfectant. Clean and polish chrome and stainless fixtures. Clean, disinfect and deodorize interior and exterior of sanitary napkin depositories. Replace disposal bags and plastic trash liners. Clean mirrors to be streak-free. Install disinfectant in floor drains and deodorizers in urinals. Fill all dispensers (soap, toilet paper, seat covers, paper towels, sanitary supplies and deodorizers). Inspect lighting for satisfactory operation. Report to the Public Works Superintendent or his/her designee, all lights that are not working properly. b. Showers (clean, disinfect) – Clean and disinfect all walls, floors and curtains. Entire area shall be free of soap scum, fungi, hair, urine deposits and unpleasant odors. Floors and tiled areas shall be free of streaks and mildew. c. Locker rooms or dressing rooms - Install disinfectant in floor drains. Disinfect HVAC vents, and clean mirrors to be streak-free. Wax floors to maintain original appearance. Vacuum all carpet areas and remove all stains. Clean and disinfect lockers inside and outside, if unlocked. Do not disturb personal belongings. 10. Kitchen or Coffee Bar Areas a. Kitchen/breakroom floors (degrease and disinfect) – Mop all kitchen floors with disinfectant. Refinish, if necessary, to maintain original appearance. b. Kitchen/breakroom/coffee bar sinks, counters, and appliances (wash and disinfect) – Include all kitchen tabletops in area and generally clean up all stainless steel or laminate surfaces. c. Cabinets, sinks and appliances (degrease, disinfect and polish) – Specific to facilities with “working cooking kitchens.” Includes refrigerators, stoves, stove hoods, ovens, griddles, dishwashers, microwaves, and all stainless steel. d. Kitchen Vent Hoods Over Stoves – Degrease, clean and polish. e. Kitchen Anti Fatigue Mats – Degrease, disinfect, rinse and dry. f. Kitchen Floor Drains – Degrease and clean the floor drains / catch basins in kitchen floor. Attachment 2 181 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 11 of 27 11. Special Areas a. Bleachers (clean all surfaces) – Clean all areas around and under bleachers. Damp mop bleacher seats. b. Jail area (clean and disinfect) – Clean and disinfect (when accessible) all walls, floors, ceilings and fixtures. c. Janitorial closets (clean and stock) – Clean, organize, stock and keep odor- free. If any chemicals are stored here, maintain a binder of all Material Safety Data Sheets (MSDS) and keep in each closet. d. Exercise rooms – Wipe down, clean, deodorize and disinfect all exercise apparatus and mats. Remove and replace mats in same locations to ensure proper fit. e. Personal computers – Dust with anti-static cloth. f. City refrigerators – Clean as specified for individual facilities. g. Venetian blinds – Dust and damp wipe blinds with a treated cloth to prevent redistribution of dust into the air. h. Vending machines – Clean vending machine surfaces and sweep or dust mop under the machines. i. Bleachers (sweep and pick up litter) – Sweep and pick up litter on, around and under bleachers. SECTION 3 – GENERAL PROVISIONS A. Liquidated Damages When Contractor fails to perform, as specified, the services required in this agreement, the City will have been damaged by that lack of performance. Since it is difficult to define the amount of damage caused, Contractor shall agree to the following liquidated damages: 1. If trained personnel do not report to provide the services required by this Agreement, the City will incur damages; and liquidated damages of One Hundred Fifty and no/100 Dollars ($150.00) per occurrence will be deducted from payments due the Contractor. Contractor will be notified of the assessment of liquidated damages by telephone or FAX within twenty-four (24) hours of failure to report. 2. If Contractor fails to perform under the terms of this Agreement, the City will incur damage. Contractor will be notified by telephone or FAX within twenty-four (24) hours of the failure to perform, and performance shall be required within twenty-four (24) hours after receipt of such notice. If the performance failure is not corrected within twenty-four (24) hours of receipt of notice, the City will incur damages; and liquidated damages of One Hundred Fifty and no/100 Dollars ($150.00) per occurrence will be deducted from payments due the Contractor. 3. Liquidated damages of One Hundred Fifty and no/100 Dollars ($150.00) per occurrence will continue to be deducted from payments due the Contractor until the performance failure is remedied. B. Subcontracting - No portion of the services provided pursuant to this Agreement may be subcontracted or assigned without prior approval of the City of Dublin. Requests to Attachment 2 182 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 12 of 27 subcontract all or any portion of services required by this Agreement shall be submitted to the City's Public Works Superintendent, or his/her designee, at least thirty (30) days in advance of the proposed effective date of the subcontract. Contractor shall include in this written request a detailed description of how the Contractor plans to oversee the services performed by the proposed subcontractor. Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. Any subcontractor who will provide services inside the Police Facility shall have successfully passed a background check as described above prior to commencing work in that building. Contractor shall bear the expense of any subcontractor background checks. C. Labor Strike - Contractor shall be responsible for its own labor relationships and shall negotiate and be responsible for resolving any and all disputes between itself and its employees or any union representing its employees. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying, will delay, or threatens to delay, the timely performance of services under this Agreement, Contractor shall immediately give written notice thereof to the City's Public Works Superintendent, or his/her designee. It shall be the Contractor’s responsibility to provide continuous services, without interruption, to all buildings and facilities specified herein throughout the term of the Agreement. In the event of a labor strike, Contractor shall provide the means, at Contractor’s cost, to provide continuous services in full compliance with Agreement requirements. Failure to do so will cause the City to take whatever action is necessary to provide the services. If, in doing so, City incurs costs in excess of those that would have been paid to the Contractor for the same services, these excessive costs shall be paid by the Contractor. D. Pricing - All rates and/or prices included in this Agreement are firm and not subject to escalation, except on an annual basis according to the Consumer Price Index as provided in the Agreement. Contractor represents and warrants that all rates and/or prices are at least as low as those currently being quoted by Contractor to commercial or government users for the same work of similar scope under similar circumstances. E. Terms of Payment - Payment shall be made within thirty (30) days from the date of receipt of invoice or acceptance of work, whichever occurs last. If City is entitled to a prompt payment discount, the period of computation shall commence on the date of receipt of invoice or acceptance of work by City, whichever occurs last. City shall endeavor to pay each invoice within thirty (30) days but shall not be responsible to Contractor for additional charges, interest or penalties due to failure to pay within that period. F. Warranty - Contractor warrants that the work performed under this Agreement complies with all specifications and that workmanship is free from defects. If any portion of the work has not been completely described in this Agreement, it shall comply with nationally recognized codes and established industry standards. Contractor agrees that the aforementioned warranties shall be in addition to any warranties provided by law or offered by Contractor. G. Extra or Additional Work - Contractor shall perform no extra or additional work or alter or deviate from the work specified in this Agreement unless agreed in writing by City in advance Attachment 2 183 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 13 of 27 of performance of the work. Payment for extra or additional work shall be made on the basis of the hourly rate and, if applicable, minimum number of hours as set forth in Exhibit B. H. Force Majeure - Neither party to the Agreement shall be held responsible for delay or default caused by fire, riot, acts of God, and/or war which is beyond that party's reasonable control. City may terminate the Agreement upon written notice after determining such delay or default will reasonably prevent successful performance of the Agreement. Attachment 2 184 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 14 of 27 ATTACHMENT 1 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Civic Center, City Hall Wing, 100 Civic Plaza Estimated Building Size: 31,800 SF Cleaning Frequency: 5 days per week, Monday – Friday Janitorial Cleaning Hours: 5:00 PM to 5:00 AM FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, terrazzo, or concrete floors, sweep and/or dust mop all floors 1a Carpet and mats - vacuum traffic areas, staircases, and workspaces 2c Carpet spot cleaning and removal - (as necessary) 2e Dusting - all tabletops, office desks, and filing cabinets, and other surfaces 5a Dusting - removal of accumulated dust 5a Graffiti - remove all marks and writing (general) Drinking fountains - clean, disinfect and polish 3b Telephones (all phones) - clean and disinfect 3c Wastebaskets - empty and reline 5c Elevators - clean and polish 6a Restrooms - clean, disinfect, and restock supplies 9a Kitchen breakroom floors - degrease and disinfect 10a Kitchen breakroom sinks & counters - degrease and disinfect 10b Coffee bar sinks and counters – degrease and disinfect 10b Weekly: Carpet and mats - vacuum all areas, including edges and corners 2d Broom sweep receiving/file room concrete floor 1a Clean and disinfect light switches 8f Wash white boards and pen rails (if erased) 8d Bi-Weekly: Clean tile grout Monthly: Vinyl and linoleum - clean and wax floors - traffic areas 1c Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures - polish 8c Venetian blinds - wipe down and clean 11g Quarterly: Vinyl and linoleum - strip completely and wax 1d Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Vending machines – clean machines and sweep/dust mop underneath 11h Artificial plants – Clean to remove dust and other debris 5e Semi-Annually: . Strip and wax all hard surface floors: terrazzo, vinyl or linoleum 1d, 1g . Attachment 2 185 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 15 of 27 ATTACHMENT 2 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Civic Center, Cultural Arts Center, 100 Civic Plaza Estimated Building Size: 21,200 SF (includes auxiliary triple-wide trailer in gated parking lot) Cleaning Frequency: 5 days per week, Monday – Friday Janitorial Cleaning Hours: 5:00 PM to 5:00 AM FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors, sweep and/or dust mop all floors 1a Carpet and mats - vacuum traffic areas, staircases, & workspaces 2c Carpet spot cleaning and removal - (as necessary) 2g Dusting - all tabletops, office desks, filing cabinets, & other surfaces 5a Graffiti - remove all marks and writing 2h Drinking fountains - clean, disinfect and polish 3b Clean and disinfect telephones 3c Glass and windows (building entrances, lobby areas, etc.) 4a Dusting - removal of accumulated dust. 5a Wastebaskets - empty and reline 5d Elevators - clean and polish 6a Restrooms - clean, disinfect, and restock supplies 9a Showers and locker rooms - clean and disinfect 9b,c Kitchen breakroom floors - degrease and disinfect 11a Kitchen breakroom sinks - degrease and disinfect 11b Old Jail area - clean and disinfect (when accessible) 11b Weekly: Broom sweep sally port concrete floor when accessible 1b Carpet and mats - vacuum all areas, including edges and corners 2d Walls, doors and molding - remove fingerprints, smudges and dirt 2I Doors & entrances - clean and polish, remove fingerprints & smudges 3a Clean stair handrails 7a Wash white boards and pen rails (if erased) 8d Exercise rooms - clean and deodorize 11d Monthly: Vinyl and linoleum - clean and wax floors - traffic areas 1c Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures - polish 8c Fabric or carpeted wall coverings - dust and/or vacuum, spot clean 8e Light switches - clean and disinfect 8f Janitorial closets – clean, organize, stock and keep order-free 11c Venetian blinds - wipe-down and clean 11g Vending machines – clean machines and sweep/dust mop underneath 11h Quarterly: Vinyl and linoleum - strip completely and wax 1d Stone, marble, slate, granite, ceramic tile, travertine floors, stairs 1g Wastebasket/trash containers - wash and disinfect 5e Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers - clean with anti-static cleaner 11e Semi-Annually: City refrigerators – break room only 11f Attachment 2 186 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 16 of 27 ATTACHMENT 3 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Library, 200 Civic Plaza Estimated Building Size: 38,215 SF (entire Library) Cleaning Frequency: 6 days per week, Monday – Sunday (except Fridays) Janitorial Cleaning Hours: 11:00 PM to 5:00 AM FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors (sweep and/or dust mop all floors) 1a Stone, marble, ceramic, slate (sweep) 1e Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephone (clean and disinfect) 3c Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, restock) 9a Kitchen/coffee bar sinks (clean and disinfect) 10b Weekly: Vinyl, linoleum or concrete floors (damp/wet mop) 1b Stone, marble, ceramic, slate (damp/wet mop) 1f Carpets and mats (vacuum all areas, including edges and corners 2d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) 4a Whiteboards and pen rails (clean, if erased) 8d Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c Monthly: Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures – polish 8c Light switches - clean and disinfect 8f Janitorial closets – clean, organize, stock and keep odor-free 11c Kitchen vent hoods over microwaves – degrease, clean & polish 10d Quarterly: Vinyl and linoleum - clean and wax floors - traffic areas 1c Stone, marble, granite, ceramic tile floors (strip and seal) 1g Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers - clean with anti-static cleaner 11e Venetian blinds (dust and damp wipe) 11g Semi-Annually: Vinyl and linoleum - strip completely and wax 1d City refrigerator in office area (clean and disinfect) 1f Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1h Attachment 2 187 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 17 of 27 ATTACHMENT 4 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Senior Center, 7600 Amador Valley Boulevard Estimated Building Size: 15,500 SF Cleaning Frequency: 5 days per week, Monday – Friday Janitorial Cleaning Hours: 10:30 PM to 5:00 AM; Weekends as needed following special events FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors (sweep and/or dust mop all floors) 1a Stone, marble, ceramic, slate (sweep) 1e Hardwood floor in ballroom (sweep and dust mop on Tue/Thu) 2a Hardwood floor in ballroom (sweep and damp mop on Mon/Wed/Fri) 2b Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephone (clean and disinfect) 3c Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, restock) 9a Kitchen quarry tile floors (remove mats, degrease, disinfect, replace mats) 10a Kitchen/coffee bar sinks (clean and disinfect) 10b Weekly: Vinyl, linoleum or concrete floors (damp/wet mop) 1b Stone, marble, ceramic, slate (damp/wet mop) 1f Carpets and mats (vacuum all areas, including edges and corners) 2d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) 4a Whiteboards and pen rails (clean, if erased) 8d Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c Kitchen Anti-Fatigue Mats (degrease and disinfect) (Fridays) 10e Kitchen Floor Drains (degrease and clean) (Fridays) 10f Monthly: Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures – polish 8c Light switches - clean and disinfect 8f Janitorial closets – clean, organize, stock and keep odor-free 11c Kitchen vent hoods over stoves – degrease, clean and polish 10d Quarterly: Vinyl and linoleum - clean and wax floors - traffic areas 1c Stone, marble, granite, ceramic tile floors (strip and seal) 1g Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers - clean with anti-static cleaner 11e Venetian blinds (dust and damp wipe) 11g Artificial Plants - clean to remove dust 5e Semi-Annually: Vinyl and linoleum - strip completely and wax 1d City refrigerator in office area (clean and disinfect) 1f Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1h Attachment 2 188 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 18 of 27 ATTACHMENT 5 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Wave Aquatic Center Estimated Building Size: 30,000 SF Cleaning Frequency: January – December, 7-days per week Janitorial Cleaning Hours: 5:00 PM to 5:00 AM PLEASE NOTE: PEAK SEASON is from Memorial Day through Labor Day, where more attention to all areas is required. FREQUENCY TASK See Section 2 Required Services Daily: Interior floors (sweep and/or dust mop all floors) 1a * Tile hallway area (scrub machine and disinfect) 1f Interior flooring in lobbies/office (damp/wet mop, disinfect, vacuum, move furniture 1i Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephone (clean and disinfect) 3c Dusting (remove accumulated dust) 5a * Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, scrub machine, restock) 9a * Showers (clean, scrub machine, clear drain strainers and disinfect) 9b * Locker rooms and dressing rooms (clean, disinfect, scrub machine) 9c * Use machine provided by City – Clean Advance Machine and/or Karcher B60 Battery Scrubber (Staff also expected to maintain and clean the machines after every use) Weekly: Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) 4a Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c City refrigerators (clean as specified) 11f Formica and metal desks - clean all 8b Monthly: Dusting - high dusting 5b Wooden furniture - clean and polish 8a Wood fixtures – polish 8c Light switches - clean and disinfect 8f Janitorial closets - clean organize, stock and keep odor-free 11c Complete and thorough machine scrub all hard floor surfaces 1f Quarterly: (3x per year) Wastebasket/trash containers - wash and disinfect 5d Personal computers - clean with anti-static cleaner 11e Venetian blinds (dust and damp wipe) 11g Attachment 2 189 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 19 of 27 ATTACHMENT 6 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Heritage Center, 6600 Donlon Way Estimated Building Size: School House – 2,900 SF, Church – 1,550 SF Cleaning Frequency: School House – 3 days per week (Wed/Fri/Sun); Church – 1 day per week (Wed) Janitorial Cleaning Hours: 9:00 PM to 5:00 AM Please note: Due to nature and historical value of the Heritage Center, all cleaning products must receive approval from Museum Director prior to use. FREQUENCY TASK See Section 2 Required Services Daily: Vinyl, linoleum, or concrete floors (sweep and/or dust mop all floors) 1a Hardwood floors (sweep and dust mop) 2a Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, restock) 9a Weekly: Vinyl, linoleum or concrete floors (damp/wet mop) 1b Hardwood floors (sweep and damp mop) 2b Carpets and mats (vacuum all areas, including edges and corners) 2d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) 4a Monthly: Dusting - high dusting 5b Formica and metal desks – clean all 8b Light switches - clean and disinfect 8f Janitorial closets – clean, organize, stock and keep odor-free 11c Quarterly: Vinyl and linoleum - clean and wax floors - traffic areas 1c Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers – clean all 8h Personal computers - clean with anti-static cleaner 11e Venetian blinds (dust and damp wipe) 11g Semi- Annually: Vinyl and linoleum - strip completely and wax 1d Attachment 2 190 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 20 of 27 ATTACHMENT 7 (Page 1 of 2) City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Heritage Park and Museum, 11285 Dublin Boulevard Estimated Building Size: See below Cleaning Frequency: 5 days per week, Monday – Friday Janitorial Cleaning Hours: 5:00 PM to 12:00 AM Please note: Due to nature and historical value of the Heritage Center, all cleaning products must receive approval from Museum Director prior to use. Sunday School Barn: 1327 SF FREQUENCY TASK See Section 2 “Required Services” Daily: Wood floor – sweep Wastebasket – empty and replace liner 2a 5c Weekly: Walls, doors, moldings – spot clean as needed Glass and windows – remove fingerprints, smudges, dirt Doors – clean and polish Dusting – dust windowsills and furniture 2g 4a 3a 5a/5b Monthly: Dusting – high dusting 5b Light switches – clean and disinfect 8f Janitorial closets – clean, organize, stock and keep odor-free 2a/2b Vinyl and linoleum – clean and wax floors - traffic areas 5d Quarterly: Light fixtures and fans – clean 8g HVAC vents – clean 8h Restrooms: 289 sq. ft. FREQUENCY TASK See Section 2 “Required Services” Daily: Floor – sweep and mop Toilets – clean and disinfect Doors – clean and polish Wastebasket – empty and replace liner 1a/1b 9a 3a 5c Weekly: Walls, doors, moldings – spot clean Glass and windows – remove fingerprints, smudges, dirt Dusting – dust windowsills and furniture 2g 4a 5a/5b Monthly: Dusting – high dusting 5b Light switches – clean 8f Janitorial closets – clean, organize, stock and keep odor-free 11c Wastebasket/trash containers – clean and disinfect 5d Quarterly: Light fixtures and fans – clean 8g HVAC vents – clean 8h Attachment 2 191 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 21 of 27 ATTACHMENT 7 (Page 2 of 2) City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Ceramics/Art Studio: 330 sq. ft. FREQUENCY TASK See Section 2 Required Services Daily: Dusting (dust windowsills and furniture) Wastebasket (empty and replace liner) Floor - sweep and mop 5a/5b 5c 1a/1b Weekly: Walls, doors, moldings (spot clean) Glass and windows - remove fingerprints, smudges and dirt Doors (clean and polish) Dusting – high dusting 2g 4a 3a 5b Monthly: Light switches – clean 8f Quarterly: Wastebasket/trash containers – clean and disinfect Light fixtures – clean HVAC vents – clean all 5d 8g 8h Kolb House: 2304 sq. ft. FREQUENCY TASK See Section 2 “Required Services” Weekly: Bathroom and Kitchen Floor – sweep and damp mop Bathroom fixtures – clean and disinfect Kitchen counters – wipe with light solution Wastebaskets – empty and replace liner Back Porch – sweep and clean Public Room – vacuum carpeted areas, spot clean Halls – vacuum carpeted areas, spot clean Stairs – vacuum carpeted areas, spot clean 1a/1b 9a 10b 5c 1e 7a 7a 7a Walls, doors, moldings – spot clean Glass and windows – remove fingerprints, smudges, dirt Dusting – dust windowsills and furniture Doors – clean 2g 4a 5a/5b 3a Monthly: Dusting – high dusting 5b Light switches – clean and disinfect 8f Janitorial closets – clean, organize, stock and keep odor-free 11c Quarterly: Wastebasket/trash containers – clean and disinfect Light fixtures and fans – clean 5d 8g HVAC vents – clean 8h Attachment 2 192 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 22 of 27 ATTACHMENT 8 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Shannon Community Center, 11600 Shannon Avenue Estimated Building Size: 18,250 SF Cleaning Frequency: 5 days per week, Monday – Friday Janitorial Cleaning Hours: 10:00 PM to 5:00 AM; Weekends as needed following special events FREQUENCY TASK See Section 2 “Required Services” Daily Sweep and/or dust mop all hard surface floors 2a Vacuum all carpet area 2d Spot clean carpet areas 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephones (clean and disinfect) 3c Dust all surfaces 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, and restock) 9a Kitchen/coffee bar sinks (clean and disinfect) 10b Kitchen floor – remove mats, degrease, disinfect, replace mats 10a Weekly Damp mop all hard surface floors 2b Vacuum all carpeted areas including the edges 2d Spot wash all walls, doors, and moldings 2g Remove fingerprints and smudges from glass and windows 4a Wash whiteboards and pen rails (if erased) 8d Cabinets, sinks and appliances (degrease, disinfect and polish) 10c Wash Anti-Fatigue mats (degrease and disinfect) 10e Kitchen floor drains (degrease and clean) 10f Glass and windows – remove fingerprints, smudges, dirt 4a Monthly: Dusting (high dusting) 5b Wooden furniture (clean and polish) 8a Wooden fixtures (polish) 8c Light switches (clean and disinfect) 8f Janitorial closets (clean, organize, stock and deep odor free) 11c Kitchen vent hoods over stoves (degrease, clean and polish) 10d Quarterly: Vinyl and linoleum (clean and refinish floors, traffic areas) 1d Semi-Annually: Vinyl and linoleum - strip completely and wax 1d Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1h Attachment 2 193 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 23 of 27 ATTACHMENT 9 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Corporation Yard, 5709 Scarlett Court Estimated Building Size: 3,500 SF (office space only) Cleaning Frequency: 3 days per week, Monday, Wednesday, Friday Janitorial Cleaning Hours: 5:00 PM to 5:00 AM FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors – sweep and/or dust mop all floors 1a Carpet and mats – vacuum traffic areas and offices 2c Carpet spot cleaning and removal – as necessary 2g Graffiti – remove all marks and writing 2h Glass and windows – remove fingerprints, smudges, dirt 4a Dusting – removal of accumulated dust 5a Wastebaskets – empty and reline 5c Restrooms – clean, disinfect, and restock supplies 9a,b Weekly: Carpet and mats – vacuum all areas, including edges and corners 2d Walls, doors and molding – remove fingerprints, smudges and dirt 2I Doors & entrances – clean and polish, remove fingerprints & smudges 3a Dusting – all tabletops, office desks, and filing cabinets 5a White boards and pen rails – wash clean, if erased 8d Monthly: Dusting – high dusting 5b Wooden furniture – clean and polish 8a Formica and metal desks – clean all 8b Wood fixtures – polish 8c Fabric or carpeted wall coverings- dust and/or vacuum, spot clean 8e Light switches – clean and disinfect 8f Quarterly: Vinyl and linoleum – clean and wax floors 1c . Wastebasket/trash containers – wash and disinfect 5d Light fixtures – clean all 8g HVAC vents and diffusers – clean all 8h Personal computers – clean 12h Semi-Annually: Glass and windows, interior and exterior – all areas 4b Attachment 2 194 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 24 of 27 ATTACHMENT 10 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Public Safety Complex, 6363 Clark Avenue Estimated Building Size: 3,500 SF (office space only) Cleaning Frequency: 6 days per week, Monday - Saturday Janitorial Cleaning Hours: 4:30 PM to 8:30 PM FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors – sweep and/or dust mop all floors 1a Carpet and mats – vacuum traffic areas and offices 2c Carpet spot cleaning and removal – as necessary 2g Graffiti – remove all marks and writing 2h Glass and windows – remove fingerprints, smudges, dirt 4a Dusting – removal of accumulated dust 5a Wastebaskets – empty and reline 5c Restrooms – clean, disinfect, and restock supplies 9a,b Weekly: Carpet and mats – vacuum all areas, including edges and corners 2d Walls, doors and molding – remove fingerprints, smudges and dirt 2I Doors & entrances – clean and polish, remove fingerprints & smudges 3a Dusting – all tabletops, office desks, and filing cabinets 5a White boards and pen rails – wash clean, if erased 8d Monthly: Dusting – high dusting 5b Wooden furniture – clean and polish 8a Formica and metal desks – clean all 8b Wood fixtures – polish 8c Fabric or carpeted wall coverings- dust and/or vacuum, spot clean 8e Light switches – clean and disinfect 8f Quarterly: Vinyl and linoleum – clean and wax floors 1c . Wastebasket/trash containers – wash and disinfect 5d Light fixtures – clean all 8g HVAC vents and diffusers – clean all 8h Personal computers – clean 12h Semi-Annually: Glass and windows, interior and exterior – all areas 4b Attachment 2 195 July 1, 2021 Services Agreement between City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A – Page 25 of 28 ATTACHMENT 11 (Page 1 of 4) City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Camp Parks RFTA Estimated Building Size: Total approx. 220,000 sf (List of buildings listed below) Cleaning Frequency: 6 days per week, Monday - Saturday Attachment 2 196 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement (PWS) and Technical Exhibits 4.0 Technical Exhibits 4.1 Task and Frequency of Custodial Services. TASK & FREQUENCY Room CHART - TECHNICAL EXHIBIT 1 Routine Cleaning for all areas listed (choose if applicable based on floor type): Spot Clean Floors/Carpets AR Carpeted Floors -Removable (Area and Throw Rugs) 1W Buffing/Spray Buffing 4Y Stripping & Wax After Stripping 1Y Damp Mop 1W Sweep/Dust Mop Floors 1W Vacuum Carpeted Floors 1W Drinking Fountains & Sinks 2.5W Sweep Stairways/Ele vators/Handicap Lifts -1W Remove Trash and Recyclables 1W Low Dusting 2Y High Dusting 1Y Clean and Supply Restrooms/Toilet Areas/Locker Rooms 2.5W Clean Doors 1W Building# Description (Room Type) Estimat. Flooring SQ FT Type 282 Admin 700 CONCNCT 285 Admin 530 CONC 300 Admin 11,284 CPTNCT 301 Comm/Area 3,000 VCT 302 Comm/Area 3,000 VCT 303 Gymnasium 11,284 CPTNCT Services Agreement between City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. July 1, 2021 Exhibit A – Page 26 of 28 ATTACHMENT 11 (Page 2 of 4)Attachment 2 197 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement (PWS) and Technical Exhibits 304 Offices/Classroom 11,284 CPTNCT 306 Comm/Area 4,000 VCT 310 Comm/Area 4,000 VCT 311 Offices· 2,670 VCT 312 Admin Gen Purp 12,600 VCT/CPT 323 Classrooms / Common Area 11,284 CNL/CPT 331 Admin 2,500 VCT/CPT 340 Adm in/classroom 41,508 VCT/CPT 342 Comm/Area 57,000 CONC 350 Adm in/Classroom/DES 14,260 VCT/CPT 360 Comm/Area 3,000 VCT 361 Comm/Area 3,000 VCT 362 Comm/Area 3,000 VCT 363 Comm/Area 3,000 VCT 364 Comm/Area 3,000 VCT 370 Admin/Classroom 39,632 VCT/CPT 373 TEMF 33,024 CONCNCT 390 Comm/Area 3,000 VCT 391 Comm/Area 3,000 VCT 392 Comm/Area 3,000 VCT 393 Comm/Area 3,000 VCT 394 Comm/Area 3,000 VCT 398 Laundry 2,400 CONC 490 AMSA 13,600 CONC 494 Office/warehousE) 10,000 CPT 501 Chapel 7,200 CPT/HDWD 510 Admin/Gen Purp 62,000 62,000 CONC 514 Adm in/Classroom 4,050 CONC/CPT 516 Adm in/Storage 3,350 CONC 517 Admin/Classroom 41,902 VCT/CPT 520 Comm/Area/Sleep Area 12,000 VCT/CPT Services Agreement between City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. July 1, 2021 Exhibit A – Page 27 of 28 ATTACHMENT 11 (Page 3 of 4)Attachment 2 198 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit B – Page 1 of 3 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES JANITORIAL SERVICES City Facilities Monthly Rate Annual Cost City Hall Wing, Civic Center, 100 Civic Plaza, including portable building located in Cultural Arts Center parking lot, 5-days per week service, Monday-Friday $3,180.00 $38,160.00 Cultural Arts Center Wing, Civic Center, 100 Civic Plaza, 5-days per week service, Monday-Saturday $2,100.00 $25,200.00 Library, 200 Civic Plaza (Community Room, Lobby, Main Restrooms, City Staff Offices), 6-days per week service, Monday-Sunday, except Friday $4,252.00 $51,024.00 Shannon Community Center, 11600 Shannon Avenue, 5-days per week service, Monday-Friday $2,149.00 $25,788.00 Senior Center, 7600 Amador Valley Blvd., 5-days per week service, Monday-Friday $1,947.75 $23,373.00 Heritage Center, 6600 Donlon Way, including Murray Schoolhouse and St. Raymond’s Church, 3-days per week service (Murray Schoolhouse)1-day per week service (St. Raymond’s Church) $567.00 $6,804.00 Dublin Heritage Park and Museum, 11285 Dublin Blvd., 5-days per week service, Monday-Friday $567.00 $6804.00 The Wave Aquatic Center, 4201 Central Pkwy 7-days per week service $4,400.00 $52,800.00 Corporation Yard, 5709 Scarlett Court, 3-days per week service, Mon, Wed, Friday $640.00 $7,680.00 Public Safety Complex (Police Services), 6361 Clark Ave, 6-days per week service, Monday-Saturday $2,800.00 $33,600.00 TOTAL ANNUAL COST: $271,233.00 Extra Services Monthly Cost Annual Cost Daily Cleaning and disinfecting of high-touch areas at various City Facilities 5-days per week service, Monday-Friday $3,980.00 $47,760.00 Electrostatic Cleaning at various City Facilities Monthly $3,988.00 $47,856.00 TOTAL ANNUAL COST: $95,616.00 Camp Parks Reserve Forces Training Area Monthly Cost Annual Cost Office and training areas (Approximately 125,000 sf) $21,000.00 $252,000.00 Tile floor maintenance $2,308.00 $27,696.00 TOTAL ANNUAL COST: $279,696.00 Extra Work: Rate for scheduled extra work at $21.50 per hour for a minimum of 2 hours for special events. Attachment 2 199 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit B – Page 2 of 3 JANITORIAL SUPPLIES - COST ALL FACILITIES Estimated Quantity Case Quantity Product/Description Per Case Price 125 cs Toilet Tissue, 2-ply, 500 sheets/roll 80/500 $33.75 325 cs Multifold Towels, bleached 16/250 $21.76 60 cs 40" x 48" or 40" x 46" Trash Liners, 125 $36.50 1.8 mil or better 70 cs 33” x 39” Trash Liners, 150 $38.03 1.8 mil or better 50 cs 24” x 23” Trash Liners (wastebasket liners) 500 $22.73 0.4 mil or better 30 cs 40” X 46” Clear Trash Liners 150 $36.26 1.7 mil or better 30 cs 33” x39” Clear Trash Liners 250 $39.67 1.2 mil or better 30 cs 24” x 23” Clear Trash Liners 500 $24.50 .35 mil or better 40 cs Toilet Seat Protectors 5000 $37.82 100 cs Foam Hand Soap (based on 6 gal./case) 2/1200 ml $58.35 10 cs Sanitary Napkin Receptacle Liners 500 $16.53 Approx. 7½” x 3-3/4” x 10 ½” Please note, reimbursable expenses are built into rates as identified above. Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal Year (July 1 – June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance Superintendent, or their designee. Any such annual increase shall be calculated based on the Consumer Price Index for All Urban Consumers (CPI-U) and shall not exceed 3%. Year 1 Year 2 Year 3 Total City Facilities Services $271,233.00 $279,370.00 $287,751.00 $838,354.00 Camp Parks RFTA Services & Supplies $330,887.00 $340,813.61 $351,038.02 $1,022,738.63 Extra Services (Est.) $25,000.00 $25,000.00 $25,000.00 $75,000.00 COVID Janitorial Services $95,616.00 $98,484.48 $101,439.01 $295,539.49 Janitorial Supplies (Est.) $53,817.50 $55,432.03 $57,094.99 $166,344.51 Totals $776,553.50 $799,100.12 $822,323.02 $2,397,976.63 Attachment 2 200 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit B – Page 3 of 3 Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as work is completed. Attachment 2 201 Services Agreement between July 1, 2021 City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit C – Page 1 of 1 EXHIBIT C CONFLICT OF INTEREST Consultant confirms the ability to meet the City of Dublin’s Conflict of Interest requirements as specified in the City’s RFP. Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a potential conflict of interest with the work on this project. Consultant agrees that, for the term of this agreement, no member, officer or employee of the City of Dublin, or a public body within Alameda County or member of delegate to the Congress of the United States, during his/her tenure of for one year thereafter, shall have any direct interest in the contacts or any direct or material benefit arising therefrom. Attachment 2 202 REQUEST FOR PROPOSALS JANITORIAL SERVICES AND SUPPLIES City of Dublin Proposals must be received by: 4:00PM, Friday, March 12, 2021 Laura Borjon, Administrative Aide 100 Civic Plaza City of Dublin, CA 94568 Attachment 3 203 Request for Proposal For Janitorial Services & Supplies Overview The City of Dublin is requesting proposals to provide janitorial services and supplies for nine (9) City buildings and thirty-eight (38) Parks Reserve Forces Training Area buildings. Included in this Request for Proposal (RFP) are the following facilities: •Civic Center, 100 Civic Plaza (Includes both City Hall and Cultural Arts Center Wings and portable building in parking lot) •Library, 200 Civic Plaza •Shannon Community Center, 11600 Shannon Avenue •Senior Center, 7600 Amador Valley Boulevard •Heritage Center (Murray Schoolhouse, and St. Raymond’s Church), 6600 Donlon Way •Dublin Heritage Park & Museum (Kolb House Ceramic/Art Room and Restroom Facilities, and Sunday School Barn), 11285 Dublin Boulevard •The Wave Aquatic Facility, 4201 Central Parkway •Corporation Yard, 5709 Scarlett Court •Public Safety Complex (Police Admin), 6361 Clark Avenue •Thirty-eight (38) Parks Reserve Forces Training Area buildings, approximately 125,000 square feet of cleanable office and training areas Considerations: •Mandatory tour of facilities will be scheduled with the Public Works Department for each interested vendor. It is anticipated that the tour will take most of the day. Attendees must provide their own vehicles. Maps of facility locations and an estimated schedule of tour stops will be made available at the beginning of the tour. Proposals will be accepted only from those attending the complete tour. While you may return to visit the public portions of facilities separately on your own, City staff will not be available to escort you into non-public areas at any times other than the scheduled mandatory tour. In order to participate in the tour of the Parks Reserve Forces Training Area facilities, attendees must present a valid and current Real California ID or Passport, valid registration and insurance and must not have any warrants or history of violent crimes. •The City intends to contract with one vendor for all the facilities listed above. Because of the City’s budgeting structure, each City facility must be quoted and itemized separately on each monthly invoice. Camp Parks Facilities will be quoted and invoiced together on a separate monthly invoice. Selection of a contractor will be made based on all of the following criteria: 204 experience performing similar work in similar buildings, ability of the vendor to perform all of the work as described in the attachment, responses to interview questions (if applicable), and relationship of prices quoted to work required. While price is a consideration, selection will not be made solely on prices quoted for the work. •All janitorial staff working at any City facility shall be required to submit personal information and copies of driver’s licenses or other valid identification for the purpose of background checks. Such personnel will also be subject to Live Scan Fingerprinting processing at the contractor’s expense. The City reserves the right to deny access based on information obtained in the background check through Live Scan Fingerprinting. Interested vendors and their employees must be able to pass the DHS/Military security clearance. •The term of the Agreement shall be three (3) years, beginning July 1, 2021, and continuing through June 30, 2024, unless cancelled by either party according to the terms of the Agreement. •Prices quoted shall include the cost of all labor, equipment, cleaning materials and other supplies utilized by the janitorial staff in order to meet the requirements of the Agreement. It is expected that the contractor will provide the proper equipment in good working order and will maintain an adequate stock of supplies. As part of this proposal, janitorial supplies should be included. A separate quote form as Exhibit will include prices for janitorial supplies, such as toilet tissue, paper towels, seat covers, trash liners, hand soap for restroom dispensers, and feminine supplies for restroom dispensers. •Green Seal-37 Standards for Cleaning Products for Industrial and Institutional Use or UL EcoLogo certified products shall be used as part of cleaning service. The vendor shall provide spend reports on use of certified cleaning products. •Minimize Package Waste. Cleaning products and supplies shall be purchased in quantities that minimize the amount of waste generated from empty packaging and containers. •All products shall be of recycled material unless no recycled product is available for a specific item. •All janitorial paper products must be comprised of 51-100% post-consumer recycled content and processed chlorine-free bleaching (includes products certified by Green Seal or EcoLogo/UL). •Provide the City with monthly reports of the quantity of products purchased at each site, included in the monthly invoice. Upon request by the City, the vendor shall also provide a history of products purchased, and usage of products purchased. •Provide the City with building specific cleaning plans. The contractor shall have a written cleaning plan for each building which describes the following: a.Standard Operating Procedures that address: i.Cleaning and waste collection ii.Equipment operation procedures and maintenance iii.Waste disposal iv.Communications with management and occupants of the building 205 b.Schedules for: i.Routine cleaning operations, detailing the minimum frequency required for each ii.Activities performed periodically. Schedules of cleaning operations shall be reviewed at least annually and adjusted as needed in response to the changing needs of the building and its occupants. Chlorine and its derivatives shall not be used to bleach materials. Products shall not contain any added pigments, inks, dyes, or fragrances. Trash bags shall comply with California Integrated Waste Management Board requirements. Products should be Ecologo or Green Seal approved. •Prices are requested based on the average quantity used annually in the specific buildings noted above. However, the City cannot guarantee that this quantity will be purchased in a given year. •Contractor is contractually required to provide a certificate of General Liability, Automobile Liability, and Workers Compensation insurance, which includes an additional insured endorsement covering the City of Dublin, its employees and agents. The endorsement shall be in a form approved by the City’s insurance carrier and risk manager. •The contractor shall additionally be required to submit the following: evidence of an IIPP (Illness and Injury Prevention Plan), copy of employee training programs and any other safety programs not included in the IIPP, Safety Data Sheets (SDS) for all products to be stored at the facilities (must be available at each facility), and a Hazard Communication Plan and disposal plan for any hazardous materials used and stored at the facilities. •Training. Upon hiring and annually thereafter, all cleaning personnel shall receive at least 12- hours of training on: a.The safe and effective handling and use of all cleaning products. b.cleaning procedures. c.use and maintenance of equipment. d.all procedures need to conform to standards. e.Procurement staff shall be trained in the selection of environmentally preferable cleaning products and materials. Records of Training shall be maintained on each employee for all required training. •The City pays for services rendered and will not make advance payments for work which has not been completed. Invoices shall be submitted via email to pwinvoices@dublin.ca.gov on a monthly basis. •Companies submitting proposals should read the attachment carefully for information regarding bonding and insurance requirements, indemnification, prevailing wage requirements, services required, and so forth. Unless otherwise agreed and amended in writing by the City, the price quoted for each facility shall be in effect from July 1, 2021, through June 30, 2024, at which time it shall be increased by the Consumer Price Index rate of increase as described in the Agreement. 206 RFP Submittal Requirements The following information shall be included in the proposal in order to be a complete and valid proposal: •A monthly price and an extended annual cost for janitorial service for each individual City facility and for Camp Parks facilities (see Janitorial Services - Cost Proposal beginning on Page 9). •An hourly rate and minimum number of hours to perform janitorial services as “extra work”. For this purpose, “extra work” means performing janitorial services for special events or emergency work at City facilities outside of regularly scheduled service times. •Unit prices for janitorial supplies for each facility (see Janitorial Supplies - Cost Proposal on Page 10). •A minimum of three (3) references for current or recent janitorial service contracts in similar facilities. References for public facilities are preferred but not necessarily required if the facility is comparable in terms of layout, use, and size. References shall include length of service, square footage of the facility, estimated monthly or annual rate, and the contact information for the last known contract administrator. •An organizational chart for the company’s and the name(s) and brief background(s) of officers, contract manager(s) and onsite supervisor(s) for this contract. If you intend to use a subcontractor for some portion of the work (for example, floor waxing), please provide the name of the subcontractor and contact information. As indicated above, any personnel doing work in City facilities are required to comply with background check requirements. Process and General Conditions 1.Proposers shall submit one (1) electronic PDF copy by email to: Ms. Laura Borjon Administrative Aide 100 Civic Plaza Dublin, CA 94568 laura.borjon@dublin.ca.gov 2.Deadline for submitting the proposal is Friday, March 12, 2021, at 4:00 p.m. to the Public Works Department. Late submittals will not be accepted. 3.The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each proposal shall be limited to a maximum of 30 pages, using minimum 12-point font size. Page limit excludes a table of contents, tabbed dividers, and resumes for Contractor’s team. 207 Schedule for RFP Process Friday, February 19 Friday, February 26 Monday, February 29 Friday, March 5 Friday, March 12 Tuesday, April 6 Request for Proposals posted to City website and emailed to Interested Parties* Mandatory Facility Tour is scheduled for Friday, February 26, 2021 at 9am. The tour will begin at the Civic Center parking lot. Please contact Laura Borjon via email at Laura.Borjon@dublin.ca.gov to confirm your attendance for the tour. Deadline to submit questions to City of Dublin Addendum posted, if required Proposals are due no later than 4:00 PM Contract Services Agreement scheduled for approval by the Dublin City Council. (Tentative dates, subject to change) *Contractors are encouraged to sign up on the City’s website for updates on addendums, notifications, and for all future contracting opportunities: https://www.cityofdublin.gov/bids Standard Contract Agreement: It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on base services for a specified scope of work. Special events are scheduled in advance as additional work. All cleaning supplies are also expected to be provided for and billed separately on a monthly basis. The term of the agreement will begin July 1, 2021. A sample of the City’s Standard Contract Agreement (Agreement), including insurance requirements, is provided as Attachment A. If the interested vendor desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal. Conflict of Interest Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, 208 during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFP as well as current and future commitments to other projects. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. Equal Employment Opportunity Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer non-compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin. Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub-consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.]. Governing Law This RFP summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California. Insurance Requirements The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements: General Liability Insurance $1,000,000 Automobile Liability Insurance $1,000,000 209 Professional Liability Insurance $1,000,000 Workers’ Compensation Insurance $1,000,000 References Contractor must include three (3) references for which the company has provided services similar to those described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number, and Term of the Contract. Review and Selection Process The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. The subcommittee will use a forced ranking process. Informal interviews may be conducted by City staff and may include more than one contractor that has submitted a Proposal. Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services. The City reserves the right to award a contract to the contractor(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any, and all Proposals prior to execution of the Agreement, with no penalty to the City. Selection of Contractor Submitted Proposals will be evaluated and scored using the following criteria: •Quality and completeness of the proposal. •Experience with engagement of similar scope and complexity. •Satisfaction of previous clients. •Cost of providing the contract services for this project. 210 Attachment A CONTRACTOR AGREEMENT (Removed for the April 20 Staff Report) 211 ATTACHMENT B SCOPE OF SERVICES SECTION 1 – GENERAL SERVICE PROVISIONS A. Work Schedule - Janitorial services shall be provided up to seven (7) days per week at the time specified for each location. General cleaning shall be performed between the hours of 5:00 PM and 5:00 AM. The available time schedules for individual facilities are set forth in Attachments 1 through 9 of this Exhibit A. The City reserves the right, with one (1) week’s advance notice, to change schedules. Contractor shall provide twenty-four (24) hour emergency response, if requested, and shall respond to City within four (4) hours of request for emergency services. Contractor shall provide a specific monthly schedule of all monthly, quarterly and semiannual services by building, giving specific dates. The schedule for the first two (2) months shall be provided at least five (5) days prior to the first day of the Agreement term as set forth in Section1.1 The schedule for the third month, and all subsequent months, shall be provided with each monthly invoice, and the invoices will not be paid if not accompanied by a cleaning schedule. Such monthly, quarterly, and annual cleaning services shall be provided on the day stated on the monthly cleaning schedule; and if such work requires more than one (1) day to conclude, Contractor must complete the work on successive days. Contractor may request a change to this cleaning schedule with seven (7) days' advance notice. B. Holidays - The following twelve (12) days are City holidays on which Contractor may need to provide service. All City facilities are dynamic due to their programmed use; and some locations will require service on holidays, as provided below. New Year’s Day Martin Luther King, Jr.’s Birthday Presidents Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day after Thanksgiving Christmas Eve Christmas Day New Year’s Eve Buildings that may require service during holidays are listed below. The Contract Administrator or Facility Manager will provide a schedule of which buildings will require holiday service thirty (30) days prior to each holiday. • Civic Center/Cultural Arts Center • Public Library (Possible holiday services) • Senior Center (Possible holiday services) • Shannon Community Center (Possible holiday services) • Dublin Heritage Center • Wave Aquatic Center • Dublin Heritage Park and Museum • Corporation Yard 212 • Public Safety Complex (Operates 24 hours/7 days per week) • Thirty eight (38) Parks Reserve Forces Training Area buildings, approximately 125,000 square feet of cleanable office and training areas C. Supplies and Equipment 1. Contractor shall furnish and keep in good working order all necessary tools, equipment, and supplies, including, but not limited to, waxes, soaps, cleaners, mops, brooms, buffers, ladders, hoses, vacuum cleaners, etc. The Public Works Maintenance Superintendent, or his/her designee, must approve all supplies and/or equipment prior to their use under this Agreement. Any non-complying equipment or supplies shall be changed out immediately at the request of the Public Works Maintenance Superintendent or his/her designee. Janitorial closets located in City facilities may be used by Contractor and shall be kept clean and free of debris and odor at all times. All supplies and equipment stored in any City janitorial closet shall be stored in a neat and orderly manner and in such a way as to prevent injury to City staff, the public, or Contractor’s employees. Contractor’s on-site supervisor shall maintain an equipment inventory, and a copy shall be given to the Facility Manager’s designee, upon request. Unless otherwise agreed by the City in writing, cleaning products shall meet Green Seal- 37 Standards. Further information regarding environmental or Green Seal products can be found at http://www.greenseal.org/findaproduct/index.cfm. 2. Contractor shall provide the following products for use at City locations: toilet paper; paper towels; toilet seat covers; trash can liners; liquid hand soap; and feminine sanitary supplies. City shall also provide at its expense all utilities, including lights, power and water. Contractor shall stock and refill all restroom dispensers, as outlined in the applicable section(s) of this Exhibit A, (Janitorial Cleaning Specifications – Master List, #9 Restrooms, Locker Rooms, Dressing Rooms and Showers. D. Supervision 1. Contractor shall provide a supervisor or lead custodian who shall be present during all scheduled cleaning hours and special work assignments at a City facility. This individual shall speak, read, write, and understand English. All direction given to Contractor's supervisor shall be as binding as if given to Contractor. 2. Monthly janitorial supervisor’s reports shall be prepared and submitted to Public Works Maintenance Superintendent, or his/her designee, noting any building deficiencies needing correction. 3. While performing work under this Agreement, Contractor's supervisor shall carry a cell phone and pager by which City staff shall be able to communicate with him/her. Other janitorial staff, at a minimum, should carry pagers and may use City phones designated by the Contractor Administrator, Facility Manager, or his/her designee, to respond to work-related issues. 213 4. Contractor shall provide a list of all Contractor’s staff assigned to each work site. The list shall include name, address, and driver’s license number and the employee’s work schedule and assignment. All janitorial staff working at any City facility shall be required to submit personal information and copies of driver’s licenses or other valid identification for the purpose of background checks. Such personnel will also be subject to Live Scan Fingerprinting processing and DHS/Military security clearance. at the contractor’s expense. The City reserves the right to deny access based on information obtained in the background check through Live Scan Fingerprinting. 5. Contractor's employees, including supervisors and managers, and employees performing regular service, fill-in work for absences, or any subcontract staff, who enter the Police Wing of the Civic Center, 100 Civic Plaza, shall have satisfactorily passed a background investigation through Dublin Police Services. The background check includes Live Scan processing. Contractor shall be responsible for paying the Department of Justice fee for the Live Scan processing (at this time, approximately $100 per person). The City will absorb the staff time cost involved in running the Live Scan equipment. Contractor is responsible for scheduling these background checks prior to any of its employees working in the Police Wing. The background checks must be performed at least two weeks (14 days) prior to the employee entering the facility. E. Training - Contractor shall provide ongoing documented training programs for all of Contractor’s staff. Training programs shall include, but not be limited to, quality standards, task definitions, IIPP plans (Injury and Illness Prevention Program), SDS sheets (Safety Data Sheets), Cal- OSHA (California Occupational Health and Safety) regulations and all other applicable safety regulations. Contractor shall provide to the Public Works Maintenance Superintendent, or his/her designee prior to beginning of work, and annually thereafter (provided to City with the twelfth (12th) invoice of each year), a report showing the training provided for the janitorial staff working in City buildings. F. Employee Conduct - Employees of Contractor, while performing work under this Agreement, SHALL NOT: 1. Be accompanied in their work area by acquaintances, family members, assistants, or any other person unless such person is an on-duty authorized Contractor employee. 2. Remove any City property, or property, equipment, monies, forms or any other items belonging to an employee of the City, from City facilities. 3. Engage in horseplay or loud boisterous behavior. 4. Be under the influence of alcohol or drugs. 5. Gamble. 6. Smoke in any building. 7. Turn on or use any electronic equipment (computers, typewriters, radios, etc.) other than those supplied by Contractor. 8. Use any City telephones except those designated by the Contract Administrator, Facility Manager, or his/her designee, for the performance of services under this Agreement. 9. Open any desk, file cabinet or storage cabinet. 10. Remove any articles from desks. 214 11. Consume any food or beverage other than that brought with or purchased by the employee. 12. Consume any food or beverage in any area NOT designated as a break or lunchroom. 13. Engage in non-work-related conversations with City employees or visitors. 14. Come to work late or leave work early. G. Employee Removal - Contractor shall remove from service on City premises any employee of Contractor who, in the opinion of the Contract Administrator, Facility Manager, or his/her designee, is not performing the services in a proper manner or who is incompetent, disorderly, abusive, dangerous, insubordinate, disruptive, who does not comply with rules and regulations of the City, or is otherwise objectionable. Contractor shall in no way interpret such removal to require dismissal of or other disciplinary action against the employee; and such removal shall not be the basis of any claim for compensation or damages against the City or any of its officers, employees or agents as to the performance of the work. H. Employee Appearance and Identification - Contractor's personnel shall present a neat appearance and be easily recognized as Contractor employees. Contractor shall provide each employee with an identification badge and uniform. The badge shall include the employee’s photograph and name, an employee number and Contractor’s name. The identification badge shall be displayed on the front of the employee’s uniform at all times. Contractor accepts and understands that any employee who fails to meet this requirement may be asked to leave City property. Should this occur, the City will not compensate the Contractor or Contractor's employees for lost time. It is expressly understood that Contractor is responsible for ensuring that all of its employees possess and carry valid photo-identification at all times on City property. Contractor's employees shall be wearing their uniforms and identification badges prior to entering any City building, and uniforms and badges shall be worn at all times while working in a City facility. The uniform, at a minimum, shall be a uniform shirt to which Contractor’s business name and/or logo have been affixed. I. Employee Qualifications - Contractor's employees shall be at least eighteen (18) years of age and thoroughly trained and qualified in the work assigned to them. Contractor's employees shall be able to follow directions and shall be physically capable of performing the duties assigned to them, including lifting/moving heavy items, climbing ladders, etc. All janitorial staff working at any City facility shall be required to submit personal information and copies of driver’s licenses or other valid identification for the purpose of background checks. Such personnel will also be subject to Live Scan Fingerprinting processing and DHS/Military security clearance at the contractor’s expense. The City reserves the right to deny access based on information obtained in the background check through Live Scan Fingerprinting. J. Reporting and Inspections 1. Building Control Log: Contractor's supervisor or lead custodian shall be responsible for maintaining building control logs. Contractor’s employees shall be responsible for signing in and out daily on the log. Further, Contractor's employees who provide special 215 cleaning services are also required to sign in and out for services provided. The building control logs shall be the focal point for communication between the Contractor and the City and for sharing work-related comments and issues. 2. Status Reports: If, and when, unusual circumstances arise, a report shall be given to the Contract Administrator, Facility Manager, or his/her designee, the day of the occurrence. Examples of unusual circumstances include, but are not limited to, the observance of suspicious persons around a City facility or the discovery of inoperable lighting in a City facility. 3. Regular Inspections: Contractor’s account manager and supervisor shall meet with Facility Management representatives quarterly to ensure compliance with contract specifications and shall initiate meetings, as needed, to review work sites and resolve problems. 4. Timely Billing: Contractor shall provide special cleaning service invoices within fourteen (14) days of the services being provided. City shall be under no obligation to pay any invoice which is submitted to Contract Administrator more than thirty (30) days beyond completion of special cleaning services. K. Work Performance - Contractor shall adhere to the highest quality standards of the janitorial profession and the City’s cleaning standards as communicated by the Contract Administrator, or his/her designee, and set forth in this Agreement. Contractor shall immediately verbally notify the Contract Administrator, or his/her designee, of any occurrence or condition that interferes with its ability to be in full compliance with Agreement requirements and shall confirm such verbal notification in writing within twenty-four (24) hours. L. Special Assignments - City may request janitorial services for special events not covered in the scope of services under this agreement and outside the normal scheduled cleaning hours as outlined herein. City may request these special services up to, but not later than, forty-eight (48) hours prior to the event. If the required services are outside Contractor's normal cleaning schedule, payment shall be made on the basis of the hourly rate and, if applicable, minimum number of hours as set forth in Exhibit B. M. Emergency Work - "Emergency work" is defined as any work beyond the general routine janitorial work required by this agreement. Emergency work shall require a shortened Contractor response time of between two (2) and four (4) hours, depending upon the nature of said work. Contractor shall have sufficient labor and call-out procedures to ensure that staffing is available for this type of unplanned requirement. The City of Dublin will work closely with Contractor to develop a procedure for reacting to emergency situations. Compensation for “Emergency Work” shall be in accordance with the hourly rate for Special Assignments as described above. N. Storage - Contractor may use City janitorial closets, if available; and if utilized, Contractor shall keep this space in a neat, clean, odor free, and orderly condition. The City will not be responsible in any way for damage to or loss of Contractor’s stored supplies and/or equipment or for Contractor’s employees’ personal belongings stored in any City janitorial closets. As noted in 216 Section 3 of the Agreement, if janitorial closets are not available, Contractor shall store its supplies and equipment in its own facility or company vehicles. O. Security - Contractor shall be required to have available the keys provided by the City at all times while providing service to the City. All doors shall be unlocked and locked in such manner and at such times as required by each building’s specifications. Contractor shall be responsible for ensuring that all doors are closed and locked during its performance of janitorial duties. Lost keys or security access cards shall be immediately reported to the Contract Administrator, or his/her designee, and charged to Contractor at the rate of $50.00 per key or security access cards. In addition, Contractor shall reimburse City for all costs associated with re-keying any or all locks necessitated by lost keys in his/her control. Contractor's employees shall NOT set off, or fail to reset, a building alarm, as instructed. Such false alarms or failure to reset an alarm shall cause the City to incur damages, and Contractor shall be charged liquidated damages of One Hundred Fifty Dollars ($150) per event. Contractor's employees shall not operate for personal use any City computers, fax machines, telephones, television sets and/or copiers while performing services under this contract. Contractor shall be financially responsible for any loss, damages, or accrued charges for any unauthorized usage of City equipment. P. Care of Facilities - Contractor's employees shall regularly observe the general condition of all building areas and report problem areas to Contractor's supervisor or lead custodian. Contractor shall be responsible for knowledge of and use of all fire alarms and fire prevention equipment. In case of emergency, Contractor’s employees shall notify the Emergency Services by dialing 911 and shall then call or page the Contract Administrator, Facility Manager, or his/her designee, immediately. For non-emergency repairs, Contractor shall report all required non-emergency repairs by contacting the Contract Administrator, Facility Manager, or his/her designee. Q. Energy Conservation - Unless otherwise specified by Contract Administrator or Facility Manager, lights are to be turned off in facilities when janitorial staff is finished working for the evening. R. Graffiti - Contractor shall immediately remove all graffiti from all surfaces found inside any of the buildings after consulting with the Contract Administrator, Facility Manager, or his/her designee, for removal methodology. Graffiti noticed on the outside of any building shall be reported to Contract Administrator, Facility Manager, or his/her designee. SECTION 2 – REQUIRED SERVICES The services to be provided under this Agreement are listed in this Section 2 of Exhibit A. In some instances, services may differ among the various facilities. The following buildings are included in this agreement: • Civic Center, 100 Civic Plaza (Includes both City Hall and Cultural Arts Center Wings and portable building in parking lot) • Library, 200 Civic Plaza • Senior Center, 7600 Amador Valley Boulevard • Shannon Community Center, 11600 Shannon Avenue 217 • Heritage Center (historical schoolhouse and church), 6600 Donlon Way • Heritage Park & Museum, 11285 Dublin Boulevard • Wave Aquatic Center, 2401 Central Parkway (year-round) • Corporation Yard, 5709 Scarlett Court • Public Safety Complex, 6363 Clark Avenue • Thirty eight (38) Parks Reserve Forces Training Area buildings, approximately 125,000 square feet of cleanable office and training areas Following is a master list of services required under this Agreement. Not all services are required at all buildings; a specific breakdown is provided for each facility in Attachments 1 through 9 to this Attachment B. 1. Flooring a. Vinyl, linoleum, or concrete floors (sweep) – Sweep with an anti-dust mop. b. Vinyl, linoleum, or concrete floors (damp or wet mop) – Use warm water with good quality cleaner that leaves no visible or sticky cleaner residue, when dry. Remove all scuff and surface marks. Rinse, if necessary, with clear warm water, and clean mop. Wipe any and all baseboards free of moisture and dirt. Protect all wall surfaces. Buff all tile floors, as required. c. Vinyl and linoleum (clean and wax floors – traffic areas) – Dust entire floor and corners with treated mop. Damp mop and remove any spot or stains. Allow flooring to dry completely. Apply wax in traffic areas only, feathering out to corners. Corners shall be waxed only as part of complete stripping process (see below). d. Vinyl and linoleum (strip) – Strip completely and wax, including corners. e. Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs (sweep) – Sweep surfaces. f. Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs (damp mop) – Use a dedicated mop and good-quality cleaner recommended for marble, slate, granite, ceramics and travertine. The floors shall be free of dust, dirt, cleaning material residue, streaks, mop strands, grease, and spills and thoroughly maintained to present an acceptable gloss. Protect all walls from splashing and wipe off any moisture or chemicals from all baseboards. Polish wood molding, if necessary, to prevent moisture damage. g. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (strip, seal) – Apply stripping solution. Machine scrub (conventional machine) and wet vacuum stripping. This shall be followed by an application of a neutralizer rinse, followed by a damp mopping with clear water. When floor is dry, apply finish or sealer. Protect all wall finishes and wipe down all baseboards to be free of moisture and residue. Polish, as needed. h. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (refinishing) – Refinish as follows: Use a conventional (buffer) machine with a 3M blue cleaning pad and a trigger spray bottle with clean water to buff. Let floor dry. Follow with a dust mopping and 218 then a damp mopping. Let floor dry. Apply two (2) coats of floor finish. Be sure floor is thoroughly dry between coats. Within twenty-four (24) hours of last application of finish, burnish with a high-speed buffing machine (1,100 rpm). 2. Hardwood Floors and Carpeting a. Hardwood floors for gymnasiums, ballrooms or dance floors (dust mopping) – Use a dedicated dust mop on hardwood floors with “Super Hil-Tone Dust” mop treatment, manufactured by Hillard (or equivalent). The mop shall be treated per manufacturer’s instructions. b. Hardwood floor surfaces (wet mopping) – Use a dedicated wet mop with Hillard Super Shine All Cleaner (or equivalent; specific products required for Senior Center bamboo wood flooring and floor machine at Stager Gym). At the Gym mopping is done with a floor cleaning machine that uses a foam cleaner solution. Remove all scuff and surface marks. Follow directions on label. NOTE – DO NOT USE the same mop for damp mopping and for applying the finish! c. Carpet and mats (vacuum traffic areas) – These areas include main entries and all doors, elevator lobbies, elevators, areas where food is available, main corridors in buildings and open landscaped areas. Vacuum traffic areas. Move all chairs, trashcans and other easily removed items, and vacuum underneath. Hand wipe baseboards. d. Carpet and mats (vacuum all areas, including edges and corners) – Vacuum with an industrial- powered vacuum cleaner and inspect for spots. Remove spots, following the manufacturer’s recommendations completely, with an approved industrial-grade spot remover that leaves no visible residue. Report to the Public Works Superintendent, or his/her designee, all tears, burns, unraveling or other damage. Move all chairs, trash cans and other easily removed items and vacuum underneath. Hand wipe baseboards. e. Carpet spot cleaning and spot removal – Perform, as necessary. f. Graffiti (remove all marks and writing) – Remove from all interior surfaces (doors and walls). If unable to remove graffiti, call Public Works at 925-833-6630 and leave a message. Leave caller's name, location of the building, floor, and area where the graffiti is located. g. Walls, doors, and molding (spot clean) – On a regular basis, inspect all walls, doors and moldings; and remove any and all fingerprints, smudges, dirt or accumulations from these areas, as required. 3. Doors and Entrances a. Doors and entrances (clean and polish) – Clean and polish interior and exterior surfaces to a height of 8’, removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas. On a regular basis, inspect all doors and entrances; and clean doors and entrances across the entire width of the entrance front, as required. 219 b. Drinking Fountains – Clean, disinfect and polish. c. Public Telephones (clean and disinfect) – Clean and disinfect all public telephones and enclosure walls. Remove all graffiti from phones and surrounding area. If unable to remove graffiti, contact Public Works at 925-833-6630 and give location and phone number. 4. Glass and Windows a. Glass and windows – On a regular basis, inspect all glass and frames and remove any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas to a height of 8 feet, as required. When glass is part of an entrance area, clean across the entire width of the entrance front, if required. Clean picture glass and mirrors as needed to remove fingerprints, smudges, and any other dirt or material, to leave a clean appearance. 5. Dusting a. Dusting – Remove all accumulated dust, dirt, debris and cobwebs from all surfaces, corners, shelving crevices, office desks, bookcases, tables, partition tops, window ledges and baseboards. Use treated mops and cloths to help prevent the redistribution of same into the air. Desktops shall be dusted only if papers have been removed. b. Dusting (high dusting) – Remove all accumulated dust, dirt and debris from the surfaces, corners, crevices, light fixtures, partition tops, window ledges, door frames, jambs, and blinds. Use treated mops and cloths to help prevent the redistribution of same in the air. Blind slats shall be individually cleaned. Remove cobwebs inside rooms, corners and ceilings. Clean HVAC vents and ceiling tiles. c. Wastebaskets – Empty wastebaskets and replace liners. Empty recycling containers in individual offices and common areas. Material from recycling containers shall be kept separate from other trash and placed in appropriate bins. Remove all other boxes, cardboard and containers which are designated as “trash” and place in the designated dumpster. Break down all cardboard boxes before discarding in dumpster. Large recycling bins inside facilities (for example, in the Civic Center mail room and lunchroom) may be emptied by others; contractor should verify with the Facility Manager for each facility where trash and recyclable material is to be taken. d. Wastebasket/trash containers (wash and disinfect) – Clean and disinfect all wastebaskets and trash containers in all interior and exterior locations. e. Artificial Plants – Clean to remove dust and other debris 6. Elevators a. Elevator (clean and polish) – Remove all finger and handprints, grease, oils, smudges or marks. Polish interior walls, ceilings, and doors inside and outside. Vacuum carpet and elevator door tracks. Spot clean carpet or flooring, as necessary, to remove stains and odors. 7. Stairwells, Exterior and Interior 220 a. Staircases, balustrades, and railings (dust and wipe) – Dust and wipe all staircase areas, including all railings and areas around and underneath stairs. Vacuum carpeted areas, and spot clean carpet. b. Stairwells – Sweep, damp mop and spot clean. 8. Offices a. Wooden furniture (clean and polish) – Clean and polish all wooden furniture with approved polish. Do not disturb any paperwork on desks, tables and files. b. Formica and metal desks (clean all) – Clean all tables, stands, chairs, filing cabinets, locker tops and fronts. Do not disturb paperwork. c. Wood fixtures (polish) – Polish all wooden walls, doors, handrails and all accents. d. White boards and pen rails (clean) – Wash and clean (only if boards are erased). e. Fabric or carpeted wall coverings (dust and/or vacuum, spot clean) – With a soft brush, dust all fabric and/or carpeted walls to maintain a neat and clean appearance. Vacuum all areas where a traffic pattern is evident. Spot clean areas per manufacturer’s specifications for wall covering. Damp wipe vinyl. Cloth fabrics require chemical cleaner to remove spots. f. Light switches (clean and disinfect) – Use a damp cloth to remove all smudges, fingerprints and dirt. Apply disinfectant. g. Light fixtures (clean all) – Dust all with treated cloth. Vacuum and damp wipe, if necessary, to remove all accumulated dust and dirt. h. HVAC vents and diffusers (clean all) – Vacuum and clean with disinfectant. Vacuum adjacent ceiling tiles and areas. 9. Restrooms, Locker Rooms, Dressing Rooms and Showers a. Restrooms (clean, disinfect, restock supplies) – Clean and disinfect all urinals, toilets, partitions and plumbing. Damp mop floors with disinfectant. Clean and polish chrome and stainless fixtures. Clean, disinfect and deodorize interior and exterior of sanitary napkin depositories. Replace disposal bags and plastic trash liners. Clean mirrors to be streak-free. Install disinfectant in floor drains and deodorizers in urinals. Fill all dispensers (soap, toilet paper, seat covers, paper towels, sanitary supplies and deodorizers). Inspect lighting for satisfactory operation. Report to the Contract Administrator or his/her designee, all lights that are not working properly. b. Showers (clean, disinfect) – Clean and disinfect all walls, floors and curtains. Entire area shall be free of soap scum, fungi, hair, urine deposits and unpleasant odors. Floors and tiled areas shall be free of streaks and mildew. c. Locker rooms or dressing rooms - Install disinfectant in floor drains. Disinfect HVAC vents, and clean mirrors to be streak-free. Wax floors to maintain original appearance. 221 Vacuum all carpet areas and remove all stains. Clean and disinfect lockers inside and outside, if unlocked. Do not disturb personal belongings. 10. Kitchen or Coffee Bar Areas a. Kitchen/breakroom floors (degrease and disinfect) – Mop all kitchen floors with disinfectant. Refinish, if necessary, to maintain original appearance. b. Kitchen/breakroom/coffee bar sinks, counters and appliances (wash and disinfect) – Include all kitchen tabletops in area and generally clean up all stainless steel or laminate surfaces. c. Cabinets, sinks and appliances (degrease, disinfect and polish) – Specific to facilities with “working cooking kitchens.” Includes refrigerators, stoves, stove hoods, ovens, griddles, dishwashers, microwaves and all stainless steel. d. Kitchen Vent Hoods Over Stoves – Degrease, clean and polish. e. Kitchen Anti Fatigue Mats – Degrease, disinfect, rinse and dry. f. Kitchen Floor Drains – Degrease and clean the floor drains / catch basins in kitchen floor. 11. Special Areas a. Bleachers (clean all surfaces) – Clean all areas around and under bleachers. Damp mop bleacher seats. b. Jail area (clean and disinfect) – Clean and disinfect (when accessible) all walls, floors, ceilings and fixtures. c. Janitorial closets (clean and stock) – Clean, organize, stock and keep odor- free. If any chemicals are stored here, maintain a binder of all Material Safety Data Sheets (MSDS) and keep in each closet. d. Exercise rooms – Wipe down, clean, deodorize and disinfect all exercise apparatus and mats. Remove and replace mats in same locations to ensure proper fit. e. Personal computers – Dust with anti-static cloth. f. City refrigerators – Clean as specified for individual facilities. g. Venetian blinds – Dust and damp wipe blinds with a treated cloth to prevent redistribution of dust into the air. h. Vending machines – Clean vending machine surfaces and sweep or dust mop under the machines. i. Bleachers (sweep and pick up litter) – Sweep and pick up litter on, around and under bleachers. 222 12. Disinfecting Services a. High-touch areas – Wipe and disinfect front counters, breakrooms, kitchenettes, partitions & door locks, conference rooms, all entry doors, restroom counters, faucets & towel dispensers, stair rails. b. Electrostatic cleaning – Clean all surfaces using a 1,076 PPM (parts per million) for a 10-minute kill claim against COVID 19 emerging claims using an electro-static sprayer to apply the material. SECTION 3 – GENERAL PROVISIONS A. Liquidated Damages - When Contractor fails to perform, as specified, the services required in this agreement, the City will have been damaged by that lack of performance. Since it is difficult to define the amount of damage caused, Contractor shall agree to the following liquidated damages: 1. If trained personnel do not report to provide the services required by this Agreement, the City will incur damages; and liquidated damages of One Hundred Fifty and no/100 Dollars ($150.00) per occurrence will be deducted from payments due the Contractor. Contractor will be notified of the assessment of liquidated damages by telephone, electronic mail or FAX within twenty-four (24) hours of failure to report. 2. If Contractor fails to perform under the terms of this Agreement, the City will incur damage. Contractor will be notified by telephone or FAX within twenty-four (24) hours of the failure to perform, and performance shall be required within twenty-four (24) hours after receipt of such notice. If the performance failure is not corrected within twenty-four (24) hours of receipt of notice, the City will incur damages; and liquidated damages of One Hundred Fifty and no/100 Dollars ($150.00) per occurrence will be deducted from payments due the Contractor. 3. Liquidated damages of One Hundred Fifty and no/100 Dollars ($150.00) per occurrence will continue to be deducted from payments due the Contractor until the performance failure is remedied. B. Subcontracting - No portion of the services provided pursuant to this Agreement may be subcontracted or assigned without prior approval of the City of Dublin. Requests to subcontract all or any portion of services required by this Agreement shall be submitted to the City's Contract Administrator, or his/her designee, at least thirty (30) days in advance of the proposed effective date of the subcontract. Contractor shall include in this written request a detailed description of how the Contractor plans to oversee the services performed by the proposed subcontractor. Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. Any subcontractor who will provide services inside the Police Facility shall have successfully passed a background check as described above prior to commencing work in that building. Contractor shall bear the expense of any subcontractor background checks. 223 C. Labor Strike - Contractor shall be responsible for its own labor relationships and shall negotiate and be responsible for resolving any and all disputes between itself and its employees or any union representing its employees. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying, will delay, or threatens to delay, the timely performance of services under this Agreement, Contractor shall immediately give written notice thereof to the City's Contract Administrator, or his/her designee. It shall be the Contractor’s responsibility to provide continuous services, without interruption, to all buildings and facilities specified herein throughout the term of the Agreement. In the event of a labor strike, Contractor shall provide the means, at Contractor’s cost, to provide continuous services in full compliance with Agreement requirements. Failure to do so will cause the City to take whatever action is necessary to provide the services. If, in doing so, City incurs costs in excess of those that would have been paid to the Contractor for the same services, these excessive costs shall be paid by the Contractor. D. Pricing - All rates and/or prices included in this Agreement are firm and not subject to escalation, except on an annual basis according to the Consumer Price Index as provided in the Agreement. Contractor represents and warrants that all rates and/or prices are at least as low as those currently being quoted by Contractor to commercial or government users for the same work of similar scope under similar circumstances. E. Terms of Payment - Payment shall be made within thirty (30) days from the date of receipt of invoice or acceptance of work, whichever occurs last. If City is entitled to a prompt payment discount, the period of computation shall commence on the date of receipt of invoice or acceptance of work by City, whichever occurs last. City shall endeavor to pay each invoice within thirty (30) days but shall not be responsible to Contractor for additional charges, interest or penalties due to failure to pay within that period. F. Warranty - Contractor warrants that the work performed under this Agreement complies with all specifications and that workmanship is free from defects. If any portion of the work has not been completely described in this Agreement, it shall comply with nationally recognized codes and established industry standards. Contractor agrees that the aforementioned warranties shall be in addition to any warranties provided by law or offered by Contractor. G. Extra or Additional Work - Contractor shall perform no extra or additional work or alter or deviate from the work specified in this Agreement unless agreed in writing by City in advance of performance of the work. Payment for extra or additional work shall be made on the basis of the hourly rate and, if applicable, minimum number of hours as set forth in Exhibit B. H. Force Majeure - Neither party to the Agreement shall be held responsible for delay or default caused by fire, riot, acts of God, and/or war which is beyond that party's reasonable control. City may terminate the Agreement upon written notice after determining such delay or default will reasonably prevent successful performance of the Agreement. 224 ATTACHMENT 1 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Civic Center, City Hall Wing, 100 Civic Plaza Estimated Building Size: 31,800 SF Cleaning Frequency: 5 days per week, Monday – Friday Janitorial Cleaning Hours: 5:00 PM to 5:00 AM FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, terrazzo, or concrete floors, sweep and/or dust mop all floors 1a Carpet and mats - vacuum traffic areas, staircases, and workspaces 2c Carpet spot cleaning and removal - (as necessary) 2e Dusting - all tabletops, office desks, and filing cabinets, and other surfaces 5a Dusting - removal of accumulated dust 5a Graffiti - remove all marks and writing (general) Drinking fountains - clean, disinfect and polish 3b Telephones (all phones) - clean and disinfect 3c Wastebaskets - empty and reline 5c Elevators - clean and polish 6a Restrooms - clean, disinfect, and restock supplies 9a Kitchen breakroom floors - degrease and disinfect 10a Kitchen breakroom sinks & counters - degrease and disinfect 10b Coffee bar sinks and counters – degrease and disinfect 10b Disinfect high-touch areas (quote separately) 12a Weekly: Carpet and mats - vacuum all areas, including edges and corners 2d Broom sweep receiving/file room concrete floor 1a Clean and disinfect light switches 8f Wash white boards and pen rails (if erased) 8d Bi-Weekly: Clean tile grout Monthly: Vinyl and linoleum - clean and wax floors - traffic areas 1c Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures - polish 8c Venetian blinds - wipe down and clean 11g Electrostatic cleaning (quote separately) 12b Quarterly: Vinyl and linoleum - strip completely and wax 1d Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Vending machines – clean machines and sweep/dust mop underneath 11h Artificial plants – Clean to remove dust and other debris 5e Semi-Annually: Strip and wax all hard surface floors: terrazzo, vinyl or linoleum 1d, 1g 225 ATTACHMENT 2 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Civic Center, Cultural Arts Center Wing, 100 Civic Plaza Estimated Building Size: 21,200 SF (includes auxiliary triple-wide trailer in gated parking lot) Cleaning Frequency: 6 days per week, Monday – Saturday Janitorial Cleaning Hours: 4:30 PM to 8:30 PM FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors, sweep and/or dust mop all floors 1a Carpet and mats - vacuum traffic areas, staircases, & workspaces 2c Carpet spot cleaning and removal - (as necessary) 2g Dusting - all tabletops, office desks, filing cabinets, & other surfaces 5a Graffiti - remove all marks and writing 2h Drinking fountains - clean, disinfect and polish 3b Clean and disinfect telephones 3c Glass and windows (building entrances, lobby areas, etc.) 4a Dusting - removal of accumulated dust. 5a Wastebaskets - empty and reline 5d Elevators - clean and polish 6a Restrooms - clean, disinfect, and restock supplies 9a Showers and locker rooms - clean and disinfect 9b, c Kitchen breakroom floors - degrease and disinfect 11a Kitchen breakroom sinks - degrease and disinfect 11b Clean and disinfect high-touch areas (quote separately) 12a Weekly: Broom sweep sally port concrete floor when accessible 1b Carpet and mats - vacuum all areas, including edges and corners 2d Walls, doors, and molding - remove fingerprints, smudges, and dirt 2I Doors & entrances - clean and polish, remove fingerprints & smudges 3a Clean stair handrails 7a Wash white boards and pen rails (if erased) 8d Exercise rooms - clean and deodorize 11d Monthly: Vinyl and linoleum - clean and wax floors - traffic areas 1c Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures - polish 8c Fabric or carpeted wall coverings - dust and/or vacuum, spot clean 8e Light switches - clean and disinfect 8f Janitorial closets – clean, organize, stock and keep order-free 11c Venetian blinds - wipe-down and clean 11g Vending machines – clean machines and sweep/dust mop underneath 11h City refrigerators – break room only 11f Electrostatic cleaning (quote separately) 12b Quarterly: Vinyl and linoleum - strip completely and wax 1d Stone, marble, slate, granite, ceramic tile, travertine floors, stairs 1g Wastebasket/trash containers - wash and disinfect 5e Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers - clean with anti-static cleaner 11e 226 ATTACHMENT 3 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Library, 200 Civic Plaza Estimated Building Size: 38,215 SF (entire Library) Cleaning Frequency: 6 days per week, Monday – Sunday (except Fridays) Janitorial Cleaning Hours: 11:00 PM to 5:00 AM FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors (sweep and/or dust mop all floors) 1a Stone, marble, ceramic, slate (sweep) 1e Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephone (clean and disinfect) 3c Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, restock) 9a Kitchen/coffee bar sinks (clean and disinfect) 10b Weekly: Vinyl, linoleum, or concrete floors (damp/wet mop) 1b Stone, marble, ceramic, slate (damp/wet mop) 1f Carpets and mats (vacuum all areas, including edges and corners 2d Walls, doors, and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) 4a Whiteboards and pen rails (clean, if erased) 8d Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c Monthly: Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures – polish 8c Light switches - clean and disinfect 8f Janitorial closets – clean, organize, stock and keep odor-free 11c Kitchen vent hoods over microwaves – degrease, clean & polish 10d Quarterly: Vinyl and linoleum - clean and wax floors - traffic areas 1c Stone, marble, granite, ceramic tile floors (strip and seal) 1g Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers - clean with anti-static cleaner 11e Venetian blinds (dust and damp wipe) 11g Semi-Annually: Vinyl and linoleum - strip completely and wax 1d City refrigerator in office area (clean and disinfect) 1f Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1h 227 ATTACHMENT 4 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Senior Center, 7600 Amador Valley Boulevard Estimated Building Size: 15,500 SF Cleaning Frequency: 5 days per week, Monday – Friday Janitorial Cleaning Hours: 10:30 PM to 5:00 AM; Weekends as needed following special events FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors (sweep and/or dust mop all floors) 1a Stone, marble, ceramic, slate (sweep) 1e Hardwood floor in ballroom (sweep and dust mop on Tue/Thu) 2a Hardwood floor in ballroom (sweep and damp mop on Mon/Wed/Fri) 2b Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephone (clean and disinfect) 3c Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, restock) 9a Kitchen quarry tile floors (remove mats, degrease, disinfect, replace mats) 10a Kitchen/coffee bar sinks (clean and disinfect) 10b Clean and disinfect high-touch areas (quote separately) 12a Weekly: Vinyl, linoleum or concrete floors (damp/wet mop) 1b Stone, marble, ceramic, slate (damp/wet mop) 1f Carpets and mats (vacuum all areas, including edges and corners) 2d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) 4a Whiteboards and pen rails (clean, if erased) 8d Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c Kitchen Anti-Fatigue Mats (degrease and disinfect) (Fridays) 10e Kitchen Floor Drains (degrease and clean) (Fridays) 10f Monthly: Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b Wood fixtures – polish 8c Light switches - clean and disinfect 8f Janitorial closets – clean, organize, stock, and keep odor-free 11c Kitchen vent hoods over stoves – degrease, clean and polish 10d Electrostatic cleaning (quote separately) 12b Quarterly: Vinyl and linoleum - clean and wax floors - traffic areas 1c Stone, marble, granite, ceramic tile floors (strip and seal) 1g Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers - clean all 8h Personal computers - clean with anti-static cleaner 11e Venetian blinds (dust and damp wipe) 11g Artificial Plants - clean to remove dust 5e Semi-Annually: Vinyl and linoleum - strip completely and wax 1d City refrigerator in office area (clean and disinfect) 1f Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1h 228 ATTACHMENT 5 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Wave Aquatic Center Estimated Building Size: 3,000 SF Cleaning Frequency: January – December, 7-days per week Janitorial Cleaning Hours: 5:00 PM to 5:00 AM PLEASE NOTE: PEAK SEASON is from Memorial Day through Labor Day, where more attention to all areas is required. FREQUENCY TASK See Section 2 “Required Services” Daily: Interior floors (sweep and/or dust mop all floors) 1a Tile hallway area (scrub machine and disinfect) * 1f Interior flooring in lobbies/office (damp/wet mop, disinfect, vacuum, move furniture 1i Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephone (clean and disinfect) 3c Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, scrub machine, restock) * 9a Showers (clean, scrub machine, clear drain strainers and disinfect) * 9b Locker rooms and dressing rooms (clean, disinfect, scrub machine) * 9c Clean and disinfect high-touch areas (quote separately) 12a *Use machine provided by City – Clean Advance Machine and/or Karcher B60 Battery Scrubber (Staff also expected to maintain and clean the machines after every use) Weekly: Walls, doors, and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) 4a Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c City refrigerators (clean as specified) 11f Formica and metal desks - clean all 8b Monthly: Dusting - high dusting 5b Wooden furniture - clean and polish 8a Wood fixtures – polish 8c Light switches - clean and disinfect 8f Janitorial closets - clean organize, stock and keep odor-free 11c Complete and thorough machine scrub all hard floor surfaces 1f Electrostatic cleaning (quote separately) 12b Quarterly: Wastebasket/trash containers - wash and disinfect 5d (3x per year) Personal computers - clean with anti-static cleaner 11e Venetian blinds (dust and damp wipe) 11g 229 ATTACHMENT 6 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Heritage Center, 6600 Donlon Way Estimated Building Size: School House – 2,900 SF, Church – 1,550 SF Cleaning Frequency: School House – 3 days per week (Wed/Fri/Sun); Church – 1 day per week (Wed) Janitorial Cleaning Hours: 9:00 PM to 5:00 AM Please note: Due to nature and historical value of the Heritage Center, all cleaning products must receive approval from Museum Director prior to use. FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors (sweep and/or dust mop all floors) 1a Hardwood floors (sweep and dust mop) 2a Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Dusting (remove accumulated dust) 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, restock) 9a Weekly: Vinyl, linoleum or concrete floors (damp/wet mop) 1b Hardwood floors (sweep and damp mop) 2b Carpets and mats (vacuum all areas, including edges and corners) 2d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) 4a Monthly: Dusting - high dusting 5b Formica and metal desks – clean all 8b Light switches - clean and disinfect 8f Janitorial closets – clean, organize, stock and keep odor-free 11c Quarterly: Vinyl and linoleum - clean and wax floors - traffic areas 1c Wastebasket/trash containers - wash and disinfect 5d Light fixtures - clean all 8g HVAC vents and diffusers – clean all 8h Personal computers - clean with anti-static cleaner 11e Venetian blinds (dust and damp wipe) 11g Semi- Annually: Vinyl and linoleum - strip completely and wax 1d 230 ATTACHMENT 7 (Page 1 of 2) City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Heritage Park and Museum, 11285 Dublin Boulevard Estimated Building Size: See below Cleaning Frequency: 5 days per week, Monday – Friday Janitorial Cleaning Hours: 5:00 PM to 12:00 AM Please note: Due to nature and historical value of the Heritage Center, all cleaning products must receive approval from Museum Director prior to use. Sunday School Barn: 1327 SF FREQUENCY TASK See Section 2 “Required Services” Daily: Wood floor – sweep Wastebasket – empty and replace liner 2a 5c Weekly: Walls, doors, moldings – spot clean as needed Glass and windows – remove fingerprints, smudges, dirt Doors – clean and polish Dusting – dust windowsills and furniture 2g 4a 3a 5a/5b Monthly: Dusting – high dusting 5b Light switches – clean and disinfect 8f Janitorial closets – clean, organize, stock and keep odor-free 2a/2b Vinyl and linoleum – clean and wax floors - traffic areas 5d Quarterly: Light fixtures and fans – clean 8g HVAC vents – clean 8h Restrooms: 289 sq. ft. FREQUENCY TASK See Section 2 “Required Services” Daily: Floor – sweep and mop Toilets – clean and disinfect Doors – clean and polish Wastebasket – empty and replace liner 1a/1b 9a 3a 5c Weekly: Walls, doors, moldings – spot clean Glass and windows – remove fingerprints, smudges, dirt Dusting – dust windowsills and furniture 2g 4a 5a/5b Monthly: Dusting – high dusting 5b Light switches – clean 8f Janitorial closets – clean, organize, stock and keep odor-free 11c Wastebasket/trash containers – clean and disinfect 5d Quarterly: Light fixtures and fans – clean 8g HVAC vents – clean 8h 231 ATTACHMENT 7 (Page 2 of 2) City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Ceramics/Art Studio: 330 sq. ft. FREQUENCY TASK See Section 2 “Required Services” Daily: Dusting (dust windowsills and furniture) Wastebasket (empty and replace liner) Floor - sweep and mop 5a/5b 5c 1a/1b Weekly: Walls, doors, moldings (spot clean) Glass and windows (remove fingerprints, smudges, dirt) Doors (clean and polish) Dusting – high dusting 2g 4a 3a 5b Monthly: Light switches – clean 8f Quarterly: Wastebasket/trash containers – clean and disinfect Light fixtures – clean HVAC vents – clean all 5d 8g 8h Kolb House: 2304 sq. ft. FREQUENCY TASK See Section 2 “Required Services” Weekly: Bathroom and Kitchen Floor – sweep and damp mop Bathroom fixtures – clean and disinfect Kitchen counters – wipe with light solution Wastebaskets – empty and replace liner Back Porch – sweep and clean Public Room – vacuum carpeted areas, spot clean Halls – vacuum carpeted areas, spot clean Stairs – vacuum carpeted areas, spot clean 1a/1b 9a 10b 5c 1e 7a 7a 7a Walls, doors, moldings – spot clean Glass and windows – remove fingerprints, smudges, dirt Dusting – dust windowsills and furniture Doors – clean 2g 4a 5a/5b 3a Monthly: Dusting – high dusting 5b Light switches – clean and disinfect 8f Janitorial closets – clean, organize, stock and keep odor-free 11c Quarterly: Wastebasket/trash containers – clean and disinfect Light fixtures and fans – clean 5d 8g HVAC vents – clean 8h 232 ATTACHMENT 8 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Shannon Community Center, 11600 Shannon Avenue Estimated Building Size: 18,250 SF Cleaning Frequency: 5 days per week, Monday – Friday Janitorial Cleaning Hours: 10:00 PM to 5:00 AM; Weekends as needed following special events FREQUENCY TASK See Section 2 “Required Services” Daily Sweep and/or dust mop all hard surface floors 2a Vacuum all carpet area 2d Spot clean carpet areas 2e Graffiti (remove all marks and writing) 2f Doors and entrances (clean and polish) 3a Drinking fountains (clean, disinfect and polish) 3b Public Telephones (clean and disinfect) 3c Dust all surfaces 5a Wastebaskets (empty and replace liners) 5c Restrooms (clean, disinfect, and restock) 9a Kitchen/coffee bar sinks (clean and disinfect) 10b Kitchen floor – remove mats, degrease, disinfect, replace mats 10a Clean and disinfect high-touch areas (quote separately) 12a Weekly Damp mop all hard surface floors 2b Vacuum all carpeted areas including the edges 2d Spot wash all walls, doors, and moldings 2g Remove fingerprints and smudges from glass and windows 4a Wash whiteboards and pen rails (if erased) 8d Cabinets, sinks and appliances (degrease, disinfect and polish) 10c Wash Anti-Fatigue mats (degrease and disinfect) 10e Kitchen floor drains (degrease and clean) 10f Glass and windows – remove fingerprints, smudges, dirt 4a Monthly: Dusting (high dusting) 5b Wooden furniture (clean and polish) 8a Wooden fixtures (polish) 8c Light switches (clean and disinfect) 8f Janitorial closets (clean, organize, stock and deep odor free) 11c Kitchen vent hoods over stoves (degrease, clean and polish) 10d Electrostatic cleaning (quote separately) 12b Quarterly: Vinyl and linoleum (clean and refinish floors, traffic areas) 1d Semi-Annually: Vinyl and linoleum - strip completely and wax 1d Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1h 233 ATTACHMENT 9 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Corporation Yard, 5709 Scarlett Court Estimated Building Size: 3,500 SF (office space only) Cleaning Frequency: 3 days per week, Monday, Wednesday, Friday Janitorial Cleaning Hours: 5:00 PM to 5:00 AM FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors – sweep and/or dust mop all floors 1a Carpet and mats – vacuum traffic areas and offices 2c Carpet spot cleaning and removal – as necessary 2g Graffiti – remove all marks and writing 2h Glass and windows – remove fingerprints, smudges, dirt 4a Dusting – removal of accumulated dust 5a Wastebaskets – empty and reline 5c Restrooms – clean, disinfect, and restock supplies 9a,b Clean and disinfect high-touch areas (quote separately) 12a Weekly: Carpet and mats – vacuum all areas, including edges and corners 2d Walls, doors and molding – remove fingerprints, smudges and dirt 2I Doors & entrances – clean and polish, remove fingerprints & smudges 3a Dusting – all tabletops, office desks, and filing cabinets 5a White boards and pen rails – wash clean, if erased 8d Monthly: Dusting – high dusting 5b Wooden furniture – clean and polish 8a Formica and metal desks – clean all 8b Wood fixtures – polish 8c Fabric or carpeted wall coverings- dust and/or vacuum, spot clean 8e Light switches – clean and disinfect 8f Electrostatic cleaning (quote separately) 12b Quarterly: Vinyl and linoleum – clean and wax floors 1c Wastebasket/trash containers – wash and disinfect 5d Light fixtures – clean all 8g HVAC vents and diffusers – clean all 8h Personal computers – clean 12h Semi-Annually: Glass and windows, interior and exterior – all areas 4b 234 ATTACHMENT 10 City of Dublin Scope of Services – Frequency and Task Chart – Standard Service Levels Location: Public Safety Complex, 6363 Clark Avenue Estimated Building Size: 3,500 SF (office space only) Cleaning Frequency: 6 days per week, Monday - Saturday Janitorial Cleaning Hours: 4:30 PM to 8:30 PM FREQUENCY TASK See Section 2 “Required Services” Daily: Vinyl, linoleum, or concrete floors – sweep and/or dust mop all floors 1a Carpet and mats – vacuum traffic areas and offices 2c Carpet spot cleaning and removal – as necessary 2g Graffiti – remove all marks and writing 2h Glass and windows – remove fingerprints, smudges, dirt 4a Dusting – removal of accumulated dust 5a Wastebaskets – empty and reline 5c Restrooms – clean, disinfect, and restock supplies 9a,b Clean and disinfect high-touch areas (quote separately) 12a Weekly: Carpet and mats – vacuum all areas, including edges and corners 2d Walls, doors and molding – remove fingerprints, smudges and dirt 2I Doors & entrances – clean and polish, remove fingerprints & smudges 3a Dusting – all tabletops, office desks, and filing cabinets 5a White boards and pen rails – wash clean, if erased 8d Monthly: Dusting – high dusting 5b Wooden furniture – clean and polish 8a Formica and metal desks – clean all 8b Wood fixtures – polish 8c Fabric or carpeted wall coverings- dust and/or vacuum, spot clean 8e Light switches – clean and disinfect 8f Electrostatic cleaning (quote separately) 12b Quarterly: Vinyl and linoleum – clean and wax floors 1c . Wastebasket/trash containers – wash and disinfect 5d Light fixtures – clean all 8g HVAC vents and diffusers – clean all 8h Personal computers – clean 12h Semi-Annually: Glass and windows, interior and exterior – all areas 4b 235 ATTACHMENT C JANITORIAL SERVICES - COST PROPOSAL City Facilities Monthly Rate Annual Cost City Hall Wing, Civic Center, 100 Civic Plaza, including portable building located in Cultural Arts Center parking lot, 5-days per week service, Monday-Friday Cultural Arts Center Wing, Civic Center, 100 Civic Plaza, 5-days per week service, Monday-Saturday Library, 200 Civic Plaza (Community Room, Lobby, Main Restrooms, City Staff Offices), 6-days per week service, Monday-Sunday, except Friday Shannon Community Center, 11600 Shannon Avenue, 5-days per week service, Monday-Friday Senior Center, 7600 Amador Valley Blvd., 5-days per week service, Monday-Friday Heritage Center, 6600 Donlon Way, including Murray Schoolhouse and St. Raymond’s Church, 3-days per week service (Murray Schoolhouse) 1-day per week service (St. Raymond’s Church) Dublin Heritage Park and Museum, 11285 Dublin Blvd., 5-days per week service, Monday-Friday The Wave Aquatic Center, 4201 Central Pkwy 7-days per week service Corporation Yard, 5709 Scarlett Court, 3-days per week service, Mon, Wed, Friday Public Safety Complex (Police Services), 6361 Clark Ave, 6-days per week service, Monday-Saturday TOTAL ANNUAL COST: Monthly Cost Annual Cost Daily Cleaning and disinfecting of high-touch areas at various City Facilities 5-days per week service, Monday-Friday Electrostatic Cleaning at various City Facilities Monthly TOTAL ANNUAL COST: Camp Parks Reserve Forces Training Area Monthly Cost Annual Cost Office and training areas (Approximately 125,000 sf) Tile floor maintenance TOTAL ANNUAL COST: Extra Work: Rate for scheduled extra work at $__________ per hour for a minimum of _________ hours for special events. Submitted by: Print Name Company Signature Date 236 JANITORIAL SUPPLIES - COST PROPOSAL CITY FACILITIES Estimated Quantity Case Quantity Product/Description Per Case Price 125 cs Toilet Tissue, 2-ply, 500 sheets/roll ________ ________ 325 cs Multifold Towels, bleached ________ ________ 60 cs 40" x 48" or 40" x 46" Trash Liners, _________ ________ 1.8 mil or better 70 cs 33” x 39” Trash Liners, _________ ________ 1.8 mil or better 50 cs 24” x 23” Trash Liners (wastebasket liners) _________ ________ 0.4 mil or better 30 cs 40” X 46” Clear Trash Liners _________ ________ 1.7 mil or better 30 cs 33” x39” Clear Trash Liners _________ ________ 1.2 mil or better 30 cs 24” x 23” Clear Trash Liners _________ ________ .35 mil or better 40 cs Toilet Seat Protectors _________ ________ 100 cs Foam Hand Soap (based on 6 gal./case) __________ ________ 10 cs Sanitary Napkin Receptacle Liners __________ ________ Approx. 7½” x 3-3/4” x 10 ½” Additional Charges: Fuel Surcharge: Yes / No – $ Delivery Charges: Yes / No - $ Additional Comments: Submitted by: Name Company Signature Date 237 JANITORIAL SUPPLIES - COST PROPOSAL CAMP PARKS FACILITIES Estimated Quantity Case Quantity Product/Description Per Case Price 125 cs Toilet Tissue, 2-ply, 500 sheets/roll ________ ________ 325 cs Multifold Towels, bleached ________ ________ 60 cs 40" x 48" or 40" x 46" Trash Liners, _________ ________ 1.8 mil or better 70 cs 33” x 39” Trash Liners, _________ ________ 1.8 mil or better 50 cs 24” x 23” Trash Liners (wastebasket liners) _________ ________ 0.4 mil or better 30 cs 40” X 46” Clear Trash Liners _________ ________ 1.7 mil or better 30 cs 33” x39” Clear Trash Liners _________ ________ 1.2 mil or better 30 cs 24” x 23” Clear Trash Liners _________ ________ .35 mil or better 40 cs Toilet Seat Protectors _________ ________ 100 cs Foam Hand Soap (based on 6 gal./case) __________ ________ 10 cs Sanitary Napkin Receptacle Liners __________ ________ Approx. 7½” x 3-3/4” x 10 ½” Additional Charges: Fuel Surcharge: Yes / No – $ Delivery Charges: Yes / No - $ Additional Comments: Submitted by: Name Company Signature Date 238 POSTED ON: February 24, 2021 ADDENDUM 1 TO RFP JANITORIAL SERVICES & SUPPLIES 1. The Schedule for RFP Process has been amended as follows: Friday, February 19 Request for Proposals posted to City website and emailed to Interested Parties* Friday, February 26 Mandatory Facility Tour is scheduled for Friday, February 26, 2021 at 9am for City facilities. Tours of Camp Parks facilities will be divided into 2 groups; Group A tour will begin at 9am on Tuesday, March 2, 2021. Group B tour will begin at 10 am on Wednesday, March 3, 2021. Please contact Laura Borjon via email at Laura.Borjon@dublin.ca.gov to confirm your attendance for the tour by noon on Thursday, February 25, 2021. Friday, March 5 Deadline to submit questions to City of Dublin Wednesday, March 10 Addendum posted, if required Monday, March 15 Proposals are due no later than 4:00 PM Tuesday, April 6 Contract Services Agreement scheduled for approval by the Dublin City Council. (Tentative dates, subject to change) *Contractors are encouraged to sign up on the City’s website for updates on addendums, notifications, and for all future contracting opportunities: https://www.cityofdublin.gov/bids 239 POSTED ON: March 1, 2021 ADDENDUM 2 TO RFP JANITORIAL SERVICES & SUPPLIES The attached is the Scope of Work for Camp Parks Reserve Forces Training Area (RFTA) 240 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement PWS) and Technical Exhibits 1.0 General Information. 1.1 Overview. The IGSA service provider shall provide Custodial Services on Camp Parks Reserve Forces Training Area (PRFTA). The work and frequency are defined in the Work Capability Levels table located in paragraph 3. 0 and as further noted in the Technical Exhibits (TE). These works include, but are not limited to, the following: cleaning restrooms and kitchens; removing trash and emptying recycle bins; cleaning windows, highchairs, cribs, playpens, and food service areas; vacuuming and spot cleaning carpet, sweeping and mopping floors, and buffing; dusting and scrubbing walls; cleaning upholstered furniture; and other associated work as coordinated by the Camp Parks IGSA TR with City of Dublin counterpart. 2.0 Description of Services. 2.1 Scope. The Custodial Services Provider shall provide all management, tools, equipment, and labor necessary to ensure that custodial services are performed. The Contractor shall accomplish all cleaning tasks in accordance with (IAW) the Work Capability Levels table, located in paragraph 3. 0, in order to meet the requirements of this PWS. The three (3) levels of custodial service include the following: a. Enhanced Service b. Standard Service (Based upon the estimate) c. Basic Service Child care and youth services facilities shall receive Enhanced Service. Fitness centers shall receive Standard Service. For all installation level support facilities that do not fall into Enhanced or Standard Service, they shall be considered Basic Service. The offices, classrooms, and latrines located within warehouses shall receive Basic Service. Buildings requiring service and estimated square footages are established in TE 1. Facility drawings of areas cleaned will be provided as needed. The Contractor shall perform custodial services IAW all applicable laws, regulations, Army standards, instructions, and commercial practices. The Custodial Services Provider shall display the appropriate caution signs when cleaning floors or any other surface that might pose a risk to injury for any personnel that are present. The contractor shall use environmentally favorable products and provide a list of cleaning products in use, upon request. Coordinate with the IGSA-TR to have Occupational Safety and Health Administration compliant safety data sheet on hand for cleaning products used. 2.2 Special Event Cleaning. The Contractor shall provide Custodial Services for special events, which shall be outside of the established frequencies for custodial services as Camp Parks IGSA TR with City of Dublin counterpart. These events include, but are not limited to, VIP visits, summer camps, and Inspector General (IG) Team visits. The Camp Parks IGSA TR will notify the City of Dublin counterpart of the requirements as soon as it is known, but not less than seventy-two (72) hours prior to the event. The Custodial 241 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement PWS) and Technical Exhibits Services Provider shall complete all cleaning tasks not less than four (4) hours prior to each event. 2.3 Facility Cleanings. The Custodial Services Provider shall clean accessible floor surfaces. The Custodial Services Provider shall not move chairs, trash receptacles, or other easily moveable items to maintain floors underneath these items. Grout on wall and floor tiles shall be free of dirt, scum, mildew, and residue. 2.4 Hard Floors. (Vinyl, Ceramic, Wood, Concrete, etc.) The Custodial Services Provider shall accomplish cleaning by the most appropriate method (vacuum, sweep, mop, spot clean, etc.) and with cleaning solutions, if applicable, for the specific floor type. The Contractor shall not move chairs, trash receptacles, or other easily moveable items to maintain floors underneath these items. Hard floors shall be cleaned, scrubbed, sealed, polished, waxed, and stripped as required. After cleaning floor surfaces, to include grout, the Contractor shall ensure hard floors have a uniform, clean appearance without streaks, swirl marks, detergent residue, or any evidence of soil, stain, film, or standing water. Baseboards and corners shall also be clean. 2.4.1 Spray and Buff. The Custodial Services Provider shall spray and buff all floors receiving floor maintenance. 2.4.2 Stripping/Finishing. The Custodial Services Provider shall strip, scrub, seal, and wax floors as necessary to maintain a uniform glossy appearance. The Custodial Services Provider shall ensure the wax is non-skid as coordinated by Camp Parks IGSA TR with City of Dublin counterpart. The Custodial Services Provider shall not move chairs, trash receptacles, or other easily moveable items to maintain floors underneath these items. The Custodial Services Provider shall remove all stripping solution, sealant, and waxy residue from floor drains immediately upon completion of service. 2.5 Carpeted Floors. The Custodial Services Provider shall ensure the carpets are maintained free of soil, dirt, debris, litter, and other foreign matter by effective routine vacuuming. The Custodial Services Provider shall not move chairs, trash receptacles, or other easily moveable items to maintain floors underneath these items. The Custodial Services Provider shall vacuum carpeted floors and rugs with an industrial -type vacuum cleaner that has been certified with a GOLD rating by the Carpet and Rug Institute http://www.carpet-rug.org). 2.5.1 Removable (Area and Throw) Rugs. The Custodial Services Provider shall ensure area and throw rugs receive the same service as annotated above. 2.5.2 Annual Carpet Cleaning and Shampooing. The Custodial Services Provider shall clean carpets using an extractor approved by the Carpet and Rug Institute http://www.carpet-rug.org) with a GOLD rating. The Custodial Services Provider shall not move chairs, trash receptacles, or other easily moveable items to maintain floors underneath these items. A commercial truck -mount Steam Extraction Method shall be used IAW standard commercial practice. The Custodial Services Provider shall use a 242 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement PWS) and Technical Exhibits portable unit for use in upper floors or areas where it is not feasible to use a truck -mount system with coordination thru Camp Parks IGSA TR with City of Dublin counterpart. A heavy-duty spot remover, approved by the Carpet and Rug Institutes with a GOLD rating, may be required in heavily soiled areas. Stains which are not easily removed by normal cleaning processes shall be treated using an alternate method. 2.5.3 Spot Cleaning Floors and Carpets. The Custodial Services Provider shall spot clean floor surfaces to remove spots two (2) square feet or less. Areas that are embedded to the point of non -removal and have been treated during two (2) consecutive cleanings and resists removal shall be annotated to the Camp Parks IGSA TR and City of Dublin counterpart for resolution. 2.6 Floor (Walk -Off) Mats. The Custodial Services Provider shall vacuum and clean interior floor mats. Floor mats shall be free of all visible lint, litter, debris, soil and other foreign matter. Soil and moisture underneath mats shall be removed and mats returned to their normal location. Area and throw rugs shall receive the same service. 2.7 Stairways/Elevators/Handicap Lifts. The Custodial Services Provider shall clean all floor surfaces IAW the non -carpeted and carpeted requirements as appropriate. Stair guards, handrails, wall caps, and baseboards shall be free from grease and grime. The Contractor shall remove all marks, dirt, smudges, scuffs, and other foreign matter from adjoining stairwell walls, up to seventy-two (72) inches height from stair tread level, to provide or maintain a clean, uniform appearance. 2.8 Trash Collection and Removal. The Custodial Services Provider shall collect and dispose of all trash from all waste receptacles, to include wastebaskets and other trash containers (exterior waste baskets, trash receptacles, and smoking urns are included in the scope of trash removal). The Custodial Services Provider shall remove any trash boxes or debris stacked near the waste receptacles. The Custodial Services Provider shall replace plastic trash bags and can liners as needed. 2.8.1 Recycle Collection and Removal. The Custodial Services Provider shall collect, pickup, and dispose of all recycle paper from the appropriate recycle bins located at each office. The Custodial Services Provider shall dispose of the collected paper to the nearest recycle dumpster located outside at each building. 2.9 Restrooms/Toilet Areas/Locker Rooms. 2.9.1 Clean and Disinfect. All surfaces of sinks, toilets, urinals, lavatories, showers, shower mats, dispensers, plumbing fixtures, drinking fountains, saunas, partitions, dispensers, doors, walls, partitions, stalls, stall doors, entry doors (including handle, kick plates, ventilation grates, metal guards), walls, and other such surfaces shall be cleaned and disinfected using a germicidal agent and free from water and scale deposits, soil, streaks, and other removable matter. Restrooms shall be left with a clean or odorless scent. Showers, toilets, and urinals shall be free of spots, water spots, scale buildup, soap scum, odors, and any other deposits. Mirrors shall be clean and have no streaks or 243 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement PWS) and Technical Exhibits other removable matter. Partitions shall be smudge, stain free. Vents (within seventy- two (72) inches of the floor) shall be clean. Walls and grout shall be free of all firm, spots, and detergent buildup. 2.9.2 Custodial Services Provider Log. The Custodial Services Provider shall keep a detailed log of work accomplished in each restroom receiving custodial work. The log shall include relevant custodial practices and the dates of the service after completed. The Custodial Services Provider shall submit this log to the Camp Parks IGSA TR along with the completed project work list not later than the 25th day of each month. 2.9.3 Floor Care. The Custodial Services Provider shall maintain all floor surfaces IAW original equipment manufacturer instructions and commercial practices. 2.9.4 Supplies Restockage. The Custodial Services Provider shall ensure restrooms are stocked sufficiently with provided supplies including toilet tissue, paper towels, and hand soap. The Custodial Services Provider shall store supplies in designated areas. The Custodial Services Provider shall sufficiently stock quantities to ensure supplies do not run out before the next service date. If supplies run out prior to the next service date, the Custodial Services Provider shall refill within two (2) hours of notification and without additional cost to the Government. The Contractor shall only purchase and furnish items approved by the Camp Parks IGSA TR prior to use. The contractor will be provided custodial space at or near vicinities for stock purposes. 2.9.4.1 Resupplying Dispensers. The Custodial Services Provider shall resupply all toilet tissue dispensers, towel dispensers, soap dispensers, toilet seat cover dispensers, and sanitary napkin dispensers. 2.9.5 Trash Removal. Trash containers in restrooms and locker rooms shall be emptied, trash disposed, and containers returned to their original locations. Trash receptacles shall be left clean, free of foreign matter, and free of odors. The Custodial Services Provider shall replace soiled, worn, or torn plastic trash can liners. The collection of recycled refuse paper, plastic, glass, etc.) shall be IAW local policies, laws, and regulations. 2.10 Drinking Fountains. The Custodial Services Provider shall clean all facility drinking fountains, typically located near or in the vicinity of restrooms. The Custodial Services Provider shall clean and disinfect porcelain, polished metal surfaces (including the orifices and drain), and exterior surfaces of fountains. Drinking fountains shall be free of streaks, stains, spots, smudges, scale, and other obvious soil. The Custodial Services Provider shall not use abrasives or toilet bowl cleaners to clean drinking fountains. 2.11 Dusting. Regular dusting includes surfaces within six (6) feet of the floor and shall be free of dust, lint, cobwebs, and litter. High dusting includes surfaces above approximately six (6) feet up to ten (10) feet. Surfaces could include items such as tables, shelves, bookcases, storage lockers, window sills, hand rails, pictures, clocks, window blinds, ceiling fans, etc. 244 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement PWS) and Technical Exhibits 2.11.1 Light Dusting, Low (under six (6) feet). The Custodial Services Provider shall dust all furniture, equipment, Venetian blinds, and all horizontal surfaces from the floor level to a minimum height of approximately six (6) feet above the top of the floor surface. The Custodial Services Provider shall not move personal items. 2.11.2 Heavy Dusting, Low (over six (6) feet). The Custodial Services Provider shall dust using a dust removing agent. The Contractor shall dust all visible surfaces to include cabinets, millwork, tops of low walls, window frames, drapes, and equipment to include vending machines and other materials. 2.14 Child, Youth and School Services (CYS). Currently N/A Areas occupied by children. Chemical air fresheners are not permitted. Cleaning products for use in the CYS facilities shall be approved by local preventative medicine manager. 245 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement (PWS) and Technical Exhibits 3.0 Work Capability Levels. Facility Category Codes to be excluded from these custodial services: 141XX, 17XXX, 722XX, 724XX, and 721xX (Except 72112, WTU UPH) facilities. Custodial services for facilities in the frequency chart (as shown in the columns below) are not provided to facilities assigned to military units below the Brigade level. Garrison Commanders have the discretion to alter these standards to a higher level when supported as reimbursable. Administrative space within U.S. Army Reserve unit facilities with Category Code 17140 is considered non -reimbursable for Custodial Services. US Army Reserve receives equal IMCOM installation BASOPS Service as all Army tenants. USARC will receive custodial services regardless of the unit level and will receive the same level of support as other authorized buildings on the installation. Any service beyond the Garrison's basic service will be provided on a reimbursable basis. To receive custodial services, the building must have the correct CATCODE. Training building under CATCODE (17xxx) such as Simulations Center (CATCODE 17213) and Simulator Building (motion based) (CATCODE 17210) with administrative offices will be treated the same as Installation Admin on non -reimbursable basis. Services for Warriors in Transition unaccompanied personnel housing will be funded and executed in full compliance with OACSIM policy memorandum, "Unaccompanied Personnel Housing for Warriors in Transition (W )" dtd 14 Oct 09, ref (b) custodial services for WTs residing in WT UPH facilities. CAPABILITY 1 CAPABILITY 2 CAPABILITY 3 TASK Enhanced Service Pricing Standard Service Pricing Basic Service Pricing Standard Service Pricing Basic Service Pricing Basic Service Pricing Clean/SupplyClean/Supply Kitchens & Breakrooms D D D AIR AIR N/A Remove Trash in Kitchens & Breakrooms D D D D pS 2W Clean/ Supply Restroons D D D D. D 2W Disinfect Toilets/UrinalstA D D D D S D 2W Remove Trash in Restrooms D D D D S D 2W S Clean Drinkino Fountains D D D D D 1W Remove Trash D D D 2W 2W 1W Remove Recycle 1W 1W I 1w 1W 1W Vacuum Cleaning D S D D 1W 1W 1w Carpet Cleaning 1Y 1Y 1 1Y tY 1Y S Spot Clean AIR A R A/R AIR AIR AIR Sweep Floors D D D D D 1W Wet Mop D D D D S D 1 W D Buff orS ra /Buff 1M 1M 1M 1M S 1M 4Y S Std in Finishin Tile 2Y 1 $ 2Y 2Y I 1Y 1Y 1Y Regular Dustin D D D 2Y 2Y 2Y High Dusting 1W 1W 3 1W 1Y 1Y 1Y Clean Furniture _ 4Y 4Y 4Y 2Y 2Y S 1Y S Wash Interior Glass D D D AIR AIR AIR Wash Exterior Glass 4Y 4Y g 4Y AIR AIR AIR Clean Window Treatments 4Y g 4Y 4Y A/R A/R AIR S H chelt5;- lr,'Playpens Food Service Areas Dzao D. g Applicable for CRCs and Youth Services Facilities ONLY Clean Doors, Doorframes Da Saab Walls, Woodwork t W Dust Ledges, Window Sills 1 W s,ea Clean Upholstered Furniture 2Y °• I $ Total Price Total Price Total Price Total Price Total Price Total Price Lapland: ArR - As Required/Requested D - Daily 1Y — 1 Time a Year 1 W - Once a Week 2Y - 2 Times a Year 2W - Twice a Week 4Y - 4 Times a Year 3W- Times aweek 5Y-5 Times a Year 1 M - Once a Month 6Y - 6 Times a Year 2M - Twice a Month BO - Applicable only to Child & Youth Services facilities BP - Applicable only to Child & Youth Services facilities - for all other facilities; see "Clean/Supply Kitchens & Restrooms SO - Covered under "Spot Cleaning" for all facilities except Child & Youth Services facilities. BR - Covered under "Regular Dusting" for all facilities except Child & Youth Services facilities. BS - Applicable only to Child & Youth Services facilifies - for ell other facilities; see "Clean Furniture." N/ A -Not Applicable Biohazard Waste Notes: Caliber of the cleaning service for casualty/trauma decontamination at facilities where regulations shall be cleaned IAW MEDCOM Reg 40-35; paragraph 16 Contingency Planning (h) Casualty/trauma Suicide. Child Development Services Notes: Caliber of the cleaning service for Child Development Services facilities will be specified as hospital - grade quality, as per AR 608-10 Ch 5-37 a. 1A. Includes partitions and walls behind toilets 18. Window Treatments = window coverings such as blinds, drapes, Interior shutters, etc. 1. Per AR 608-10, g. (1) this service will be provided as needed, but at least semi-annually. 2. Includes all cleaning tasks described in AR 608-10, Ch 5-37, e. (4) 3. Includes all cleaning tasks described in AR 608-10, Ch 5-37, e. (7) 4. Includes all cleaning tasks described in AR 608-10, f. (1) 5. Includes all cleaning tasks described in AR 608-10, f. (2) 6. Includes all cleaning tasks described In AR 608-10, g. (4); these services will be 246 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement PWS) and Technical Exhibits 4.0 Technical Exhibits 4.1 Task and Frequency of Custodial Services. TASK & FREQUENCY Room CHART - TECHNICAL EXHIBIT 1 Routine Cleaning for all areas listed choose if applicable based on floor type): Spot Clean Floors/Carpets AR Carpeted Floors - Removable (Area and Throw Rugs) 1W Buffing/Spray Buffing 4Y Stripping & Wax After Stripping 1Y Damp Mop 1W Sweep/Dust Mop Floors 1W Vacuum Carpeted Floors 1W Drinking Fountains & Sinks 2.5W Sweep Stairways/Elevators/Handicap Lifts 1W Remove Trash and Recyclables 1W Low Dusting 2Y High Dusting 1Y Clean and Supply Restrooms/Toilet Areas/Locker Rooms 2.5W Clean Doors 1W LBlding # Description (Room Type) Estimat. Flooring SQ FT Type 282 Admin 700. CONC/VCT 285 Admin 530 CONC 300 Admin 11,284 CPT/VCT 301 Comm/Area 3,000 VCT VCT302Comm/Area 3,000 303 Gymnasium 11,284 CPT/VCT 247 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement PWS) and Technical Exhibits 304 Offices/Classroom 11,284 CPT/VCT 306 Comm/Area 4,000 VCT 310 Comm/Area 4,000 VCT 311 Offices 2,670 VCT 312 Admin Gen Purp 12,600 VCT/CPT 323 Classrooms / Common Area 11,284 CNL/CPT 331 Admin 2,500 VCT/CPT 340 Admin/classroom 41,508 VCT/CPT 342 Comm/Area 57,000 CONC 350 Admin/Classroom/DES 14,260 VCT/CPT 360 Comm/Area 3,000 VCT 361 Comm/Area 3,000 VCT 362 Comm/Area 3,000 VCT 363 Comm/Area 3,000 VCT 364 Comm/Area 3,000 VCT 370 Admin/Classroom 39,632 VCT/CPT 373 TEMF 33,024 CONC/VCT 390 Comm/Area . 3,000 VCT 391 Comm/Area 3,000 VCT 392 Comm/Area 3,000 VCT 393 Comm/Area 3,000 VCT 394 Comm/Area 3,000 VCT 398 Laundry 2,400 CONC 490 AMSA 13,600 CONC 494 Office/warehouse • 10,000 CPT 501 Chapel 7,200 CPT/HDWD 510 Admin/Gen Purp 62,000 62,000 CONC 514, Admin/Classroom 4,050 CONC/CPT 516 Admin/Storage 3,350 CONC 517 Admin/Classroom 41,902 VCT/CPT 520 Comm/Area/Sleep Area 12,000 VCT/CPT 248 Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement PWS) and Technical Exhibits 521 NAF/Clubhouse 12,000 VCT/CPT 610 Admin 33,422 VCT/CPT 611 Admin 2,324 VCT 620 Admin 13,364 VCT/CPT 650 Admin 47,112 VCT/CPT 659 Comm/Area 60,000 CONC 665 Admin/ WHSE 36,260 CONC 677 Classrooms 7,043 VCT/CPT 690 Admin/Classroom 45,752 VCT/CPT 960 LRC Warehouse 60,000 CONC 1152 Comm/Area 24,000 VCT Special Services 332:::1 Admin/hallway/Bathrooms 11,699 VCT/CPT B332 is a dining facility. Requires 2x cleaning Legend: CPT = Carpet CONC = Concrete EPDXY = Epoxy Flooring HDWD = Hardwood VCT = Vinyl Composite Tile 2W = two times per Week 2.5 = Two and a half times per Week 5W = 5 times per Week 2Y = Twice a Year N/A = Not Applicable A/R = As Required 249 POSTED ON: March 10, 2021 ADDENDUM 3 TO RFP JANITORIAL SERVICES & SUPPLIES QUESTIONS & ANSWERS Please note questions submitted that were repetitive in nature have been consolidated and answered below: 1. Who is current incumbent? Tri-Valley Janitorial Services & Supplies 2. What is the current contract amount? Janitorial Services Annual Cost City Facilities $299,367 Camp Parks $301,877 Janitorial Supplies Estimated Annual Cost City Facilities $140,726 Camp Parks $49,770 3. How much was spent on janitorial services outside the contract in 2019 and 2020? We do not spend funds outside of the contract; however actual costs for Extra Janitorial Services were $42,144 for FY19 and $46,683 for FY20 4. How many full time and part time employees are currently on the contract? How many night cleaners are FT and PT? The City does not know how many crew members the current service provider uses to maintain our facilities. It is up to the service provider to manage their staffing levels. 5. Are there dumpsters at each location for waste removal? Yes. 6. How many FT/PT Day Porters is the city currently using? 1 Part-time porter is in service Monday – Friday for disinfecting select city facilities in conjunction with current COVID disinfecting efforts. This is considered “Extra Work/Additional Services” not included in base services. 7. Does the Wave aquatics have Day Porter service yearly or during high peak season? Please see response for Question 6. 8. Is there a prevailing wage requirement? What are the wage requirements? Yes, please visit https://www.dir.ca.gov/ for wage requirements. 9. Are there any bonds required for this RFP? No. 250 POSTED ON: March 10, 2021 10. The city is asking for a 3-year contract. Are we to price the contract for each year and submit a different price sheet for each year? Is the city going to allow for price increases each year of the 3 year contract to allow for minimum wage increases, state or local tax, or increases out of our control? The City allows Contractor to notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal Year (July 1 – June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance Superintendent, or their designee. Any such annual increase shall be calculated based on the Bay Area Consumer Index Rate (CPI) and shall not exceed 3%. 11. Is live scan required on all employees or only those employees working at the police station? Live scan is required for all employees that will enter any city buildings. 12. Is there a cost to the DHS/Military security clearance; if so, how much per cleaner? No. 13. Are there any parking fees we need to be aware of? No. 14. Does the current incumbent utilize vehicles? If so what type and how many? Unknown. 15. Holiday- Do you want contractors to account for these holidays in our price proposal, or are these hours billed as/when needed? Will the city run a skeleton crew on these (12) holidays at these sites? Yes, please account for the holidays in your base pricing. Please reference Sections 1. A.& B of the Scope of Services. The city will not run a skeleton crew of the holidays. 16. Scope of work for facilities: Attachment 1 pg 39 and Attachment 2 pg 40 look to be for the same locations, however sq.ft is different and so is cleaning frequency and time. Are we to bid both attachments or is this a duplicate? Attachment C -shows 5 days a week -Cultural Arts Center Wing, Civic Center, 100 Civic Plaza, 5- days per week service, Monday-Saturday but attachment 2 shows 6 days a week. The facilities mentioned in Attachment 1 and Attachment 2 of the Request for Proposals are 2 wings of the same building. We refer to one as Civic Center, City Hall Wing and the other as the Civic Center, Cultural Arts Center Wing. The building sizes are correct. Please note the following correction: Cleaning Frequency for the Cultural Arts Center Wing should be 5 days per week, Monday – Friday. 17. Please confirm Sq.Ft for Aquatic center on the walk other bidders mentioned the sq ft is supposed to be 30K not 3,000. Are we to account for higher staffing needs during the peak season in our RFP? Wave Aquatic Center Estimated Building Size: 30,000 SF. 251 POSTED ON: March 10, 2021 18. Please provide facility drawings if available. Drawings are unavailable for City Offices. 19. Electrostatic cleaning monthly- we offer two levels of disinfecting. Level II is for unconfirmed case and Level III is for confirmed. Please confirm we are to price Level II unconfirmed for monthly frequency. Confirmed, monthly Electrostatic cleaning level should be consistent with unconfirmed cases. 20. Camp Parks Reserve Forces Addendum- Are we to price this location on price sheet in Addendum 2 as well as providing you the pricing on Attachment C? Please include all your pricing in Attachment C 21. Can you provide the Sq.ft of the tile floor maintenance that is being requested? This information is not available. 22. City has provided estimated Sq.Ft for the Camp Parks buildings. Is the sq ft that is provided considered cleanable Sq. Ft? Are contractors basing price on that sq.ft given? Please note the following correction: The Camp Parks cleanable square footage should be approx. 21,000 SF. A breakdown is not available.. 23. 2.1 of Scope Please provide facility drawings of areas cleaned as it’s mentioned are available in -Technical Exhibit 1 pg 8 of Addendum 2. The City was unable to obtain facility drawings for Camp Parks Buildings. 24. Are the CDC’s and Youth service facilities not included in the daily scope? Or can you provide clarification on section 2.14 Addendum 2 child, youth, and school services – N/A? These facilities are not included at this time. 25. Can we have the breakdown of sqft by the types of the flooring (carpet, vct, terazzo, etc.)? This information is not available. 26. For facilities, what is the frequency of carpet shampoo cleaning? Carpet shampoo cleaning is not included as part of the scope for city facilities. 27. For Camp Parks Reserve Forces Training Area, what is the frequency of carpet shampoo cleaning? What is the sqft of tile floored area? Carpet shampoo cleaning is not included in this RFP; please see 4.0 Technical Exhibit, 4.1 Task & Frequency Chart in Addendum 2 for applicable tasks and frequencies. 28. Please provide cleaning services and frequencies for Camp Parks buildings; include building numbers. 252 POSTED ON: March 10, 2021 See 4.0 Technical Exhibit, 4.1 Task & Frequency Chart in Addendum 2 for applicable tasks and frequencies. 29. Please provide tile maintenance and frequencies for Camp Parks buildings. See 4.0 Technical Exhibit, 4.1 Task & Frequency Chart in Addendum 2 for applicable tasks and frequencies. 30. Is there U.S. Citizenship requirement for the employees? See Attachment 1 to Request for Proposals (Contractor Services Agreement) for any applicable employment requirements not addressed in the Request for Proposals (i.e. background checks). 31. Can you tell us your criteria for award? For example, how much is graded for the technical versus the pricing aspects of the proposals. Please see Page 8 of Request for Proposals; there is no specific weight given to the criteria used to score the proposals. 32. Can I have a copy of the sign-in sheet? See Attachment 1. Additional Corrections: Please note a correction: The Public Safety Complex was listed at 3,500 square feet; the correct projection is 18,500 square feet of cleanable space. 253 254 POSTED ON: March 10, 2021 ADDENDUM 4 TO RFP JANITORIAL SERVICES & SUPPLIES Please note the following correction and clarifying information: 1) Addendum 3 to 2021 Janitorial Services and Supplies RFP listed The Camp Parks buildings at 21,000 square feet; the correct amount is approximately 210,000 square feet of cleanable space. 2) The City of Dublin does not have a prevailing wage requirement for janitorial services. 255 ADDENDUM 5 TO RFP JANITORIAL SERVICES & SUPPLIES • The deadline for submission of Proposals has been changed to Wednesday, March 17, 2021 at 4pm. • Please note the revised and attached Page 1 of Attachment C to Request for Proposals - Cost Proposal for Janitorial Services with changes highlighted in yellow. • Please note correction and clarification for Question 2 on Addendum 3 below: 2. What is the current contract amount? Costs provided below are for base janitorial services and do not include extra work. Janitorial Services Annual Cost City Facilities $299,367 Camp Parks $301,877 Janitorial Supplies Est. Annual Cost City Facilities $52,526 (corrected) Camp Parks $49,770 256 POSTED ON: March 12, 2021 ATTACHMENT C JANITORIAL SERVICES - COST PROPOSAL City Facilities Monthly Rate Annual Cost City Hall Wing, Civic Center, 100 Civic Plaza, including portable building located in Cultural Arts Center parking lot, 5-days per week service, Monday-Friday Cultural Arts Center Wing, Civic Center, 100 Civic Plaza, 5-days per week service, Monday-Friday Library, 200 Civic Plaza (Community Room, Lobby, Main Restrooms, City Staff Offices), 6-days per week service, Monday-Sunday, except Friday Shannon Community Center, 11600 Shannon Avenue, 5-days per week service, Monday-Friday Senior Center, 7600 Amador Valley Blvd., 5-days per week service, Monday-Friday Heritage Center, 6600 Donlon Way, including Murray Schoolhouse and St. Raymond’s Church, 3-days per week service (Murray Schoolhouse) 1-day per week service (St. Raymond’s Church) Dublin Heritage Park and Museum, 11285 Dublin Blvd., 5-days per week service, Monday-Friday The Wave Aquatic Center, 4201 Central Pkwy 7-days per week service Corporation Yard, 5709 Scarlett Court, 3-days per week service, Mon, Wed, Friday Public Safety Complex (Police Services), 6361 Clark Ave, 6-days per week service, Monday-Saturday TOTAL ANNUAL COST: Extra Work Monthly Cost Annual Cost Daily Cleaning and disinfecting of high-touch areas at various City Facilities 5-days per week service, Monday-Friday (approx. 6 hrs/day) Electrostatic Cleaning at various City Facilities (approx. 135,000 sf) Monthly TOTAL ANNUAL COST: Camp Parks Reserve Forces Training Area Monthly Cost Annual Cost Office and training areas (Approximately 210,000 sf) Tile floor maintenance TOTAL ANNUAL COST: Extra Work: Rate for scheduled extra work at $__________ per hour for a minimum of _________ hours for special events. Submitted by: Print Name Company Signature Date 257 Tri-Valley Janitorial Service and Supply City of Dublin RFP 2021 Bid for Janitorial Service & Supply’s Prepared By: Tri Valley Janitorial March 15,2021 Attachment 3 258 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 2 Mission Statement Tri Valley Janitorial exists to make your facilities reflect your company’s professionalism and exacting standards. With a diligent work ethic, superior communication, and meticulous hard work Tri Valley Janitorial has performed for over 45 years and will continue to educate ourselves and set the standard for our industry. Why Select Us 1. Family owned and operated for over 45 years 2. Daily access to ownership not an 800 number to someone who knows little or nothing about your facility. 3. Facility supervisors with over 30 years of experience 4. Most up to date GREEN cleaning products and education 5. Average employee service time 7 years 6. Minimal employee turnover equates to better daily service 7. Local supply chains to avoid delays common in national companies providing paper products and cleaning supplies 8. Daily 4:00 meetings with our facility supervisors and office personnel to resolve unexpected issues. 9. On site visits by the owners so your employees can give feedback on our service and any issues they may have. 10. 80% of our clients have been with us over 10 years. 11. A number of our clients that chose a lower per square foot price by an alternative company have returned to TVJ for the high exacting personal service we provide. 12. Following with our family values we have employed multiple generations from a single family exemplifying the pride they have in being a part of the Tri Valley Janitorial Family. 13. Our commitment to training and product education. Attachment 3 259 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 3 References The following are three current customers that are of similar size and complexity. Each location has its own set of detailed and technical requirements that we study in depth and comply with in full. Tri Valley Janitorial has had the contract with the City of Dublin for many years. TVJ has worked hard to provide quality service working daily, weekly and monthly as needed for cleaning requests with each site facility manager to handle all cleaning request individualized to each location. City of Dublin Dublin, California 94568 Contact: Dean McDonald Email: Dean.McDonald@dublin.ca.gov City of Dublin is comprised of 10 City facilities. Services Provided Include Nightly Janitorial, Tile floor cleaning and care, Supply Inventory Management and deliveries to each location, Day Staff Cleaning, Monthly Electrostatic cleaning with EPA N-list approved Covid Disinfectant. City of Livermore Contact: Jason Calkins Phone: 925-337-6981 Email: Jwcalkins@cityoflivermore.net City of Livermore is comprised of 14 City facilities. Cleaning of Approximately 225,000 square feet. Services Provided Include Nightly Janitorial, Tile floor cleaning and care, Supply Inventory Management and deliveries to each location, Day Staff Cleaning, Monthly Electrostatic cleaning with EPA N-list approved Covid Disinfectant. Attachment 3 260 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 4 Delta Diablo Sanitation Pittsburg, California Contact: Mary Harvey Phone: 925-756-1934 email: maryh@deltadiablo.org Delta Diablo Sanitation is a unique facility encompassing 6 buildings with over 88,000 square feet. It has many different areas and buildings housing a variety of hazardous wastes, labs, server rooms, offices, and water treatment areas. We have been with Delta Diablo Sanitation for 16 years now. Monthly walkthrough’s and on site meetings have kept our customer happy while allowing us the opportunity to be hands on. Services Provided Include Nightly Janitorial, Tile floor cleaning and care, Supply Inventory Management and deliveries to each location, Day Staff Cleaning, Monthly Electrostatic cleaning with EPA N-list approved Covid Disinfectant. Attachment 3 261 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 5 Resume’s & Background Mrs. Cheri Kurl, Founded Tri Valley Janitorial with the single thought that janitorial can be done better. Mrs. Kurl was managing a local bank in 1974 being unsatisfied with the janitorial provider; she relieved the existing company of the responsibility and took it on herself. One account led to another which allowed Mrs. Kurl to pursue TVJ service & supply full time. She and her daughter Amy began the arduous task of building a company that would stand the test of time. 45 years later TVJ have cleaned over a billion square feet, servicing an array of facilities from airports to laboratories. When asked what she would account for her longevity? “Listen to your customers and respond quickly. Understand your customer’s needs and anticipate them. Most importantly I never kept an employee who did not have the same passion and work ethic our family has. When you find those people you keep them, we take care of them, and we make them apart of our family this is also the way I feel about our clients” Cheri Kurl Founder Retired 2020-Active Consultant Mrs. Amy Giamona, Mrs. Giamona professional experience was hands on from the start. Whether helping with nightly cleaning responsibilities, making unscheduled supply deliveries, or working evening supervising shifts the job at hand was always of the up most important. This attitude and commitment would lead to a partnership with Mrs. Kurl. Now owning the responsibilities of TVJ’s future growth, direction, and sustainability Mrs. Giamona with 30 plus active years of experience and fresh perspective has helped ascend TVJ into one of the most successful janitorial services in the Tri-Valley area. Mrs. Giamona continuously educates herself on the latest products and value engineered services available to her clients. This education in turn allows her clients to meet the most rigid of standards and budget requirements while maintaining the exceptional service expected. When asked where does she see Tri Valley Janitorial in the next 38 years? “I believe we will have evolved to be the best most complete janitorial service providing a multitude of services while leaving a minimal footprint on our environment” Amy Giamona President Attachment 3 262 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 6 Mrs. Estella Cazares, Estella has been with Tri Valley Janitorial since 1984 celebrating 37 years of setting the industry standard in professional cleaning excellence. Her experience, more than many janitorial companies have been in business for, give her an expertise that comes only with time, patience and perseverance. She is one of the best in the industry because she has helped shape it. Mrs. Cazares has an infectious personality, when she speaks or listens to you regardless of age you feel like one of her own and you know your needs will be met. Mrs. Cazares is an impeccable judge of character who spear heads all of the service professional hiring for the field. Estella Cazares Regional Supervisor Emergency Contact List Contact Office Cell Title Estella Cazares 925-443-1653 925-980-2040 Supervisor Maria Curiel 925-443-1653 510-708-2040 Supervisor Amy Giamona 925-443-1653 925-367-8735 President Additional Contacts Contact Office Cell Title Emma Carrillo 925-443-1653 209-640-8125 I.D. S Manager Jose Hernandez 925-443-1653 925-484-1727 Floor Supervisor Candice Campiotti 925-443-1653 925-518-6139 Accounting Attachment 3 263 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 7 Organizational Chart Amy Giamona President Ceri Kurl Consultant Maria Curiel Supervisor Emma Currilo IDS Manager Estela Cazerez Supervisor Jose Hernadez Floor Specialist Clarence Lenord Covid-19 Specialist Attachment 3 264 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 8 Training Program Knowing that our front line service professionals are TVJ greatest asset and advantage in the market place, we take great care in providing the most effective and up to date training. Training begins with an orientation for our service professionals. Training includes such topics as: ➢ Anti-Harassment ➢ Safety Protocols and Procedures ➢ Pandemic Response ➢ Chemical Interaction ➢ Green Cleaning ➢ Safe Lifting ➢ Cleaning Techniques ➢ Safe Work Environment Awareness Following orientation, they receive a training manual which outlines daily expectations and care of trade specific products. In addition a copy is placed in each janitorial closet. Continued Training Programs: ➢ Supervised Training Programs ➢ Library of video-based programs ➢ TVJ supports training programs offered by many of the suppliers An important part of training is learning the nuances of a new facility therefore feedback is an effective training tool. Monthly we check in with the appointed facilities manager. We check in and if wanted do a site tour a few minutes of your employee’s time allows them a voice to critic and gives us valuable insight that can be properly relayed to our onsite cleaning professionals. We have on going field training. Our success with retaining long time cleaning professionals and continues service evaluation should provide you the assurance that they are the most skilled and educated cleaning professionals. Attachment 3 265 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 9 Safety: Safety is paramount to a successful company, lost productivity to a trained employee because of careless or uneducated use of a product or lifting technique is costly in many ways. For over 45 years we at Tri-Valley Janitorial have successfully and without liability claim or incident, cleaned laboratories, manufacturing facilities, chemical companies, offices and various locations involving nuclear, chemical, food and medical research. We make sure that our supervisors, employees and subcontractors are fully versed and trained to operate in a safe manner, comply with the specified requirements and needs including recycling, green technologies, disposal methods, special garments and operation of any special equipment. All TVJ service professionals are educated on the following topics: • Chemical Interaction • Importance of PPE • Dwell time • Proper Use of Trade Specific Tools • Proper Trash Disposal: Recycling, landfill, and compostable trash. • Parking Lot Awareness For Night Time Service Professionals. • Proper Use of Safety Signage. Our Programs Include: • Safety Communication Program • Driver Alert Program • Motor Vehicle Record Check • Service Certification • Safety Committee Meetings • Site Safety Inspections • Hazard Assessment TVJ has produced a safety manual in both English and Spanish which is provided at orientation. TVJ has also hired industry experts for floors and windows two of the more challenging aspects of facility maintenance. TVJ can readily adopt and implement any safety procedures currently in place at your facility. Attachment 3 266 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 10 Quality Control: When starting a new facility the supervisor in charge will do a site walk through with the appointed cleaning professionals reviewing all scopes of work and discuss any areas of concern. To ensure that all cleaning requirements are met the supervisor will conduct a weekly site visit inspecting the facility and completing a Quality Control Inspection Report which covers 18 points of cleaning. (See sample) Communication is the key to quality control. You will have direct access to your assigned bi-lingual supervisor. As you have experienced Amy Giamona is readily available to assist at any time. Location_________________________________ Date___________________________ ___________________________________________ Employee_____________________________ Work Item Well Done Needs Improvement Comments 1. High Dusting 2. Desk Care 3. Restrooms 4. Vacuuming 5. Carpet Spotting 6. Corners & Edges 7. Doors 8. Elevators 9. Lights 10. Glass Care 11. Mirrors 12. Blinds 13. Window Ledges 14. Trash Cans 15. Chairs & Furniture 16. Conference Rooms 17. Dispensers 18. Janitors Closets Supervisor Signature________________________________________________ Attachment 3 267 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 11 Pandemic Readiness 2020 has showed us that TVJ is one of the first lines of defense to protect your employee’s and guests from harmful germs and viruses. Prevention is the first step to avoiding costly losses in production caused by a pandemic. A clean disinfected work place is why TVJ uses the safest most sought-after cleaning tools and chemicals on the EPA N-list. TVJ service professionals are trained in the safety and proper use of these products. In addition janitors are furnished with gloves, face masks, goggles, and hand sanitizers for regular use to help prevent the spread of germs. In the event of a large-scale pandemic outbreak or other cause removing a large percent of our field staff or slowing our supply partners we have the following steps in place to ensure continued service at the same level you have become custom. ➢ Add additional hours to available part time employees. ➢ Authorize overtime hours for day porters to fill in evening slots ➢ Authorize overtime for night crews ➢ In an extreme case bring in temporary help to shadow our experienced existing employees. This also eliminates the need for any special chemical or facility training. In this extreme case key personal will be added to night supervising to insure continued quality service. ➢ We will purchase and stock in our warehouse any additional products that may be affected by supplier’s pandemic problems. Attachment 3 268 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 12 Inventory Stocking Tri Valley Janitorial Service & Supply has been a stocking dealer for over 45 years. As our clients grow so does our in stock consumables inventory. We receive weekly deliveries and continuously have enough inventory to satisfy all of our clients’ needs for 30-45 days in case of a supply interruption. Being a sought after reseller of cleaning materials and chemicals. Tri Valley Janitorial maintains multiple suppliers in case a supplier runs out of a product. Mrs. Emma Carrillo is our Inventory and Supply Distribution manager she has been with Tri Valley Janitorial since 2016. Emma takes great pride in the warehouse and keeps it full of the needed products and the field staff supplied for daily service. Emma also works closely with equipment manufactures and product suppliers attending local trade shows and educational seminars to make sure TVJ has the most efficient and best valued products. Tri Valley Janitorial owns its own trucks and does its own deliveries therefore we limit your exposure to outside vendors. It also allows us to will-call any products if our suppliers are short on delivery drivers. Attachment 3 269 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 13 Environmentally Preferable Products and Services Green Cleaning Defined Industry definition: Cleaning that protects health without harming the environment. Federal Government definition: Products and services that have a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose. (Executive Order 13101) Both definitions focus on the impact cleaning has on people & the environment. Why Go Green People Promote safer & healthier work environments. Planet Reduce environmental impact. Profit Increase workplace wellness & productivity. It’s Not Just In The Chemicals Additional green solutions for your facilities: LEED certified carpet extraction cleaners. Recycled sanitary paper products & plastic trash liners. Microfiber technology for floor mops, dust mops, cleaning cloths, and dusters. Water conservation with automatic faucets, flushers, & waterless urinals. Recycling programs. Attachment 3 270 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 14 The Eight Steps To Green 1. Cleaning Chemicals 2. Cleaning Tools and Equipment 3. Entryway Matting System 4. Recycling 5. Sanitary Paper Products & Trash Liners 6. Water Efficient Accessories 7. Workplace Wellness 8. Stewardship and Continues Improvement Green Partner Support What is GPS? 1. TVJ guides you to more sustainable cleaning solutions. 2. Comprehensive approach to assist in selecting products and processes to clean green. 3. A collaboration and partnership between TVJ and our green committed clients. 4. A blueprint for best green practices. 5. Includes building occupant recycling programs, preventative maintenance, and water & energy conservation. As you can see from our green outline Tri-Valley Janitorial is committed to doing the most efficient and thorough cleaning while leaving a very minimal environmental footprint. Tri-Valley Janitorial cleans green and using green approved chemicals and equipment. With our guidance and your support and commitment Tri-Valley Janitorial can help guide your facility to green cleaning solutions. Attachment 3 271 313 Earhart Way Livermore, California 94551 - Office 925-443-1653 www.tvjan.com 15 Company History Tri Valley Janitorial was founded in 1976 by Cheri Kurl. Over the first two years most of the work was done hands on by Mrs. Kurl. It was at this time Mrs. Kurl began to understand how to grow TVJ in a sustainable manageable way. She would find the right people first then find a building for them. This allowed her to empower the people. Find her great workers and she will find them work. Operating for the first ten years on the premise that people who want to work will give your clients the best service helped TVJ navigate through the learning curve of mastering a new trade. In the second decade for TVJ with a team of eager service professionals Mrs. Kurl pursued a market of facilities requiring 7 day a week service with day porters. This market was more demanding and required better lines of communication. So it was with that TVJ went to daily 4:00 p.m. meetings with the field supervisors to cater to the daily needs that arise with this market. Even with all the advances in communication technology that daily meeting is still in effect today. In the third decade of operation TVJ saw business growth double. A large reason for this boom was the ever changing facilities managers as construction and new companies moved into the bay area. As a testament to our service, facilities managers who relocated often took TVJ with them. It was also during this time that Mrs. Amy Giamona became a fifty percent owner and infused a host of new ideas and visions for TVJ. Such as bringing sub-contracted work in house, like windows and floors. This is also the decade TVJ became a recognized Women Business Enterprise National Council Member (WBENC) and a Small Local Emerging Business (SLEB). As TVJ embarks on a fourth decade of service we look forward to hearing even more feedback with our on line evaluation form for valuable feedback from your employees. TVJ also intends to lead the way in green cleaning advancements to provide the best service with the least amount of environmental impact. With more than eighty percent of our customers being with us in excess of ten years we look forward to the opportunity to earn your business and bring you into our family. We guarantee your satisfaction we are in business because of you and for you! Attachment 3 272 Attachment 3 273 Attachment 3 274 Attachment 3 275 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.7 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Acceptance of Work – Project No. ST0117, Annual Street Resurfacing (2020 Slurry Seal) Project Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will consider the acceptance of the Annual Street Resurfacing Project (2020 Slurry Seal). The project resurfaced Amador Valley Boulevard, Regional Street, and Wildwood Road, and provided localized repair of failed asphalt concrete pavement and pavement delineation on Regional Street and Amador Valley Boulevard. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Annual Street Resurfacing Project (2020 Slurry Seal), CIP No. ST0117. FINANCIAL IMPACT: The Annual Street Resurfacing Project (2020 Slurry Seal), CIP No. ST0117, is complete and the project cost was as follows: Project Funding Source General Fund $468,000.00 State Gas Tax Fund $636,643.17 Measure B Sales Tax Bike & Pedestrian Fund $192,500.00 Measure BB Sales Tax Local Streets Fund $441,539.45 Measure BB Sales Tax Bike & Pedestrian Fund $204,500.00 Measure B Sales Tax Grant $75,000.00 Road Maintenance & Rehab Account (RMRA)$385,000.00 Recycling - State Grant $4,360.00 Total Funding $2,407,542.62 276 Page 2 of 3 Estimated Expenditures Construction Contract $1,512,328.50 Change Order #1 $31,549.48 Contract Services, Design, Salary, and Testing $432,504.46 Total Expenditures $1,976,382.44 Estimated Project Balance $431,163.18 Upon the City Council’s acceptance of the project, the remaining budget of $431,163.18 will be retained within the Annual Street Resurfacing Project for use on the 2021 Slurry Seal Project. DESCRIPTION: On July 21, 2020, the City Council awarded a contract for the Annual Street Resurfacing Project (2020 Slurry Seal). O’Grady Paving was awarded the contract for $1,512,328.50 with a contingency amount of $150,000. The slurry seal program provides for the preventative maintenance of our local streets and roads. As streets begin showing wear and stress cracks, it is important to seal the cracks to keep water from getting under the street pavement. Slurry seal is a preventative maintenance technique used to prolong the life of asphalt concrete surfacing. The seal coat consists of a sand/oil mixture which seals cracks and provides a new uniform wearing surface. The project consisted of slurry seal of Amador Valley Boulevard, Regional Street, and Wildwood Road, localized repair of failed asphalt concrete pavement, and pavement delineation on Regional Street and Amador Valley Boulevard. The new pavement delineationincluded removing the existing two-way left turn lane on Regional Street and adding buffered bike lanes on Regional Street and on westbound Amador Valley Boulevard (eastbound Amador Valley Boulevard already has buffered bike lanes). The pavement delineation changes conform with the Bicycle and Pedestrian Master Plan. The total project included approximately 700,000 square feet of slurry seal and approximately 105,000 square feet of pavement “Hot Mix Asphalt” dig out repairs. In addition, the project resurfacedapproximately 30,000 square feet of bridge approaches andadjusted 35 utility manhole covers that had been protruding from the road surface. Staff has determined that the project is complete and recommends that the City Council accept the project and begin the warranty period. The remaining project budget of $431,163.18 will be retained within the Annual Street Resurfacing Project budget for use on the 2021 Slurry SealProject, which is anticipated to sealcoat segments of residential streets in the eastern portion of the City. STRATEGIC PLAN INITIATIVE: None. 277 Page 3 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH: A courtesy copy of this report was sent to O’Grady Paving, Inc. and to the Alameda County Transportation Commission Independent Watchdog Committee and the City Council Agenda was posted. ATTACHMENTS: 1) Resolution Accepting the Annual Street Resurfacing Project (2020 Slurry Seal) CIP No. ST0117 278 Attachment 1 RESOLUTION NO. XX - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING THE ANNUAL STREET RESURFACING PROJECT (2020 SLURRY SEAL PROJECT), CIP No. ST0117 WHEREAS,on July 21, 2020, the City of Dublin entered into a contract with O’Grady Paving, Inc. to perform Project No. ST0117, Annual Street Resurfacing Project (2020 Slurry Seal); and WHEREAS,said improvements have been completed in accordance with plans and specifications, and any approved modifications thereof, to the satisfaction of the City Engineer of the City of Dublin; and WHEREAS,as a condition of the contract, O’Grady Paving, Inc. is required to warranty the improvements for a period of one year following acceptance of the work by the City of Dublin and maintain a maintenance bond in the amount of 10% of the final contract value. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the 2020 Slurry Seal Project improvements, Project No. ST0117 and authorize Staff to file a Notice of Completion with 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. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to release the maintenance bond at the end of the one- year warranty period. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 279 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.8 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Grant Agreement for New Open Heart Kitchen Facility Prepared by: Jim Bergdoll, Senior Planner EXECUTIVE SUMMARY: The City Council will consider approval of a Grant Agreement with TriValley BMR, LLC for $330,000 using Community Development Block Grant (CDBG) funding to construct a new kitchen facility for Open Heart Kitchen as part of a larger 24-unit supportive housing development known as Vineyard 2.0 located in Livermore and providing services to Tri-Valley residents. STAFF RECOMMENDATION: Adopt a Resolution Approving a Grant Agreement with TriValley BMR, LLC to Provide Funding for a New Open Heart Kitchen Facility. FINANCIAL IMPACT: The $330,000 grant is being funded by the CDBG Grant Program administered by Alameda County Housing and Community Development Department on behalf of Urban County cities including Dublin. DESCRIPTION: Background Open Heart Kitchen serves free meals to Dublin residents in need in several ways. They serve hot meals at the Dublin Senior Center and Valor Crossing community room and provide bag lunches to schools when in session. During the COVID-19 pandemic, Open Heart Kitchen expanded services to provide additional meals. They currently operate in a temporarily leased facility and serve the broader Tri-Valley, but need a larger, more permanent home. In 2018, the Housing Consortium of the East Bay (HCEB) secured a site in Livermore and designed a project known as Vineyard 2.0, including 24 supportive housing apartments, various common facilities, and space for Open Heart Kitchen. Open Heart Kitchen is responsible for the cost to build out their tenant space within the project. 280 Page 2 of 2 Proposed Funding Open Heart Kitchen requested funding from the City of Dublin to help fill a funding gap for their space at Vineyard 2.0. The grant will supplement the funds already committed to the project, including $3,526,000 from Livermore and $210,000 from Pleasanton. Open Heart Kitchen has entered into an MOU with HCEB that, among other things, addresses the need for a long-term lease for the space. The lease will be entered into prior to construction of the kitchen this fall and will have an initial term of 10 years plus six extension options of five years each. Open Heart Kitchen will submit an annual report to the City for 10 years documenting how the facility is being used to serve Dublin residents. City Staff submitted a CDBG application to Alameda County HCD in February 2020 for $330,000 in funding for Open Heart Kitchen available to Urban County cities for Capital Projects. The proposal received endorsement from the Urban County Technical Advisory Committee. In June 2020, the County Board of Supervisors approved an amendment to the City’s CDBG Contract to add this Capital Grant. However, execution of a Grant Agreement (Attachment 2) needed to wait until environmental review was completed The Vineyard 2.0 project now has the permits and approvals necessary to begin construction. The Environmental Assessment for CDBG-Funded Proposals was completed in fall 2020 with a published Finding of No Significant Impact. The U.S. Department of Housing and Urban Development approved the “Authority to Use Grant Funds” on January 27, 2021. Approved expenses covered under the grant will be reimbursed by the City of Dublin using the CDBG Capital Grant funds. HCD will then disburse the grant funds to the City after the required documentation is submitted. Staff is recommending that the City Council adopt the resolution (Attachment 1) authorizing the City Manager to enter into the Grant Agreement (Attachment 2) with TriValley BMR, LLC for $330,000 in CDBG funding for this project. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving a Grant Agreement with TriValley BMR, LLC to Provide Funding for a New Open Heart Kitchen Facility 2)Exhibit A to the Resolution - Grant Agreement between the City of Dublin and TriValley BMR, LLC 281 Attachment 1 RESOLUTION NO. XX - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A GRANT AGREEMENT WITH TRIVALLEY BMR, LLC TO PROVIDE FUNDING FOR A NEW OPEN HEART KITCHEN FACILITY WHEREAS,Open Heart Kitchen is a Tri-Valley-based 501(c)(3) non-profit that has been partnering with the City of Dublin to serve meals to residents in need, and has requested funding to build a new permanent kitchen facility (Project); and WHEREAS,TriValley BMR, LLC (Grantee) entered into a Memorandum of Understanding (MOU) with Open Heart Kitchen of Livermore to build the Project as part of a mixed-use project in Livermore to better serve the residents of the Tri-Valley including Dublin; and WHEREAS, the County of Alameda (County) has entered into a Grant Agreement with the United States Department of Housing and Urban Development (HUD) for Community Development Block Grants (CDBG) under the Housing and Community Development Act of 1974 and the regulations promulgated thereunder 24 CFR Sections 570 et seq., with said funds to be used for CDBG Programs and its eligible activities; and WHEREAS,the County Board of Supervisors approved a $330,000 allocation of Fiscal Year 2019-20 CDBG Capital funds for the Project, and the City of Dublin entered into a contract amendment on the 23rd day of June 2020 with the County to incorporate these additional funds into the City’s existing contract with the County for Urban County CDBG programs and services; and WHEREAS,in accordance with the National Environmental Policy Act of 1969, as amended (42 USC 4321-4347) (NEPA), the environmental review has been completed for all applicable activities proposed to be undertaken under the Grant Agreement with TriValley BMR, LLC, and certified by the Alameda County Department of Housing and Community Development, and furthermore the California Environmental Quality Act (CEQA) imposes no conditions on the City's consideration and approval of the Grant Agreement because the Project is exempt from CEQA requirements under the categorical exemption set forth in 14 California Code of Regulations Section 15332; and WHEREAS,the Grant Agreement between the City of Dublin and TriValley BMR, LLC, attached hereto as Exhibit A, reflects the terms for this Project and the use of this $330,000 grant. 282 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Grant Agreement with TriValley BMR, LLC, Attached hereto as Exhibit A, for use of CDBG Capital funds. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Grant Agreement and take such further actions as may be necessary or appropriate to carry out the City Council’s obligations pursuant to this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 283 Attachment 2 GRANT AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRIVALLEY BMR, LLC This Community Development Block Grant Capital Grant Agreement (“Agreement”) is made and entered into between the City of Dublin ("City") and TriValley BMR, LLC (“Grantee”) as of April 20, 2021(“Effective Date”). City and Grantee are hereafter collectively referred to as the “Parties.” Recitals A.Grantee entered into a Memorandum of Understanding (“MOU”) with Open Heart Kitchen of Livermore, a Tri-Valley-based 501(c)(3) non-profit that serves people in Dublin (serving meals prepared in a central commercial kitchen location to seniors and anyone in need at various sites in Dublin) to build a permanent kitchen facility (hereafter the “Project”) as part of a mixed-use project in Livermore to better serve the residents of the Tri-Valley including Dublin. B.The County of Alameda (“County”) has entered into a Grant Agreement with the United States Department of Housing and Urban Development (“HUD”), for a Community Development Block Grant (“CDBG”) under the Housing and Community Development Act of 1974 (“Act”) and the regulations promulgated thereunder 24 CFR Sections 570 et seq. (“Regulations”), said funds to be used for Community Development Block Grant Programs and its eligible activities (“HUD Grant Agreement”). C.The County is the federal grantee for the Alameda County Urban County (“Urban County”) CDBG Program which covers the City of Dublin. The City is eligible for entitlements of CDBG funds based on its participation in the Urban County and the County has allocated CDBG Funds to the City based on said participation. D.The City and the County identified $330,000 available from the CDBG Urban County Capital Projects Pool to fund the Project, received endorsement from the Urban County CDBG Technical Advisory Committee and approval from the County Board of Supervisors. E.The City of Dublin entered into a contract amendment on the 23rd day of June 2020 with the County to incorporate additional funds from the Urban County Capital Projects Pool for the Project into the contract entered into on the 6th day of August, 2019 between the City and the County for Urban County CDBG programs and services (“City/County Agreement”). F.In accordance with the National Environmental Policy Act of 1969, as amended (42 USC 4321- 4347) (“NEPA”), the City of Livermore has completed and approved all applicable environmental review for the activities proposed to be undertaken under this Agreement, and it was certified by the Alameda County Department of Housing and Community Development. The California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”) imposes no conditions on the City's consideration and approval of this Agreement because the Project is exempt from CEQA requirements under the categorical exemption set forth in 14 California Code of Regulations Section 15332. G.The activities of the Grantee under this Agreement with the City shall be governed by the conditions of the HUD Grant Agreement and the City/County Agreement. H.In consideration of the Project benefits to be provided by Grantee to residents in Dublin, the City desires to provide a subaward to Grantee to carry out the work as provided in the Agreement. 284 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 2 of 17 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiently of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1.Term. This Agreement takes effect as of the Effective Date first written above and terminates on December 31, 2022, or when all contract terms have been completed, whichever shall first occur. 2.Grant. The City shall disburse to the Grantee a sum not to exceed $330,000 in accordance with Exhibit B (“Budget”) to this Agreement for the performance described in Exhibit A (“Work Program”), said exhibits are attached hereto and incorporated herein by reference. The funds disbursed by the City under this Agreement are referred to as “Grant Funds.” 3.Grantee’s Obligations. 3.1 Subject to the terms and conditions herein, Grantee agrees to use the Grant Funds received pursuant to this Agreement solely to perform the work described inExhibit A. Grantee certifies that the activities carried out under this Agreement will meet the CDBG program’s National Objectives. Grantee shall not use the Grant Funds for any other purposes without the prior written approval of the City pursuant to Section 12. 3.2 Reports. Grantee shall provide a quarterly report for the term of the Agreement or until the funds are completely expended. The report shall include,but shall not be limited to the following data elements: 3.2.1 Title of program, components, and a description of how the Grant Funds have been used to support Dublin residents. 3.2.2. The quarterly report shall be due on the fifteenth day of the month immediately following the report quarter, except for the end of the program year report which is due within thirty days. 3.2.3. In addition to the information listed here, Grantee must provide any other information requested by City as it relates to the Grant Funds. 3.2.4 Grantee’s obligation to the City does not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to reports, audits, and all other applicable requirements in this Agreement and all Exhibits. 3.3 Grantee agrees to keep the Grant Funds separate from all other funds under its control by use of separate accounts. Grantee shall not use the Grant Funds to supplant funding provided by the City to the Grantee under any other agreement. 3.4 Grantee agrees that use of Grant Funds for any purpose not approved herein, and/or any use not in compliance with this Agreement will result in forfeiture of funds and potential ineligibility for future funding. 3.5 Any time extension granted to the Grantee to enable the Grantee to complete the work shall not constitute a waiver of rights the City may have under this Agreement. Should the Grantee not complete the work by the scheduled date or by an extended date, granted by the City in writing, pursuant to previously stated conditions, the City shall be released from all conditions of this Agreement. 285 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 3 of 17 3.6 Upon completion of performance under this Agreement and a determination of final costs, the Grantee shall provide the City and the County with a certificate of completion for construction projects and a closeout report that includes all the following: (i) an itemized list of all expenditures of Grant Funds; (ii) the name of each Grantee who is paid with Grant Funds; (iii) the amount of each contract for the purchase of goods or services that is paid for in whole or in part with Grant Funds; (iv) a copy of each contract for the purchase of goods or services that is paid for in whole or in part with Grant Funds; (v) all information required to be reported under this Agreement; and (vi) any other information that the City may request to demonstrate that the Grant Funds were used solely in accordance with the Act, the Regulations, and any other CDBG program rules. 3.7 Any costs that are determined by subsequent audit to be unallowable are subject to repayment by the Grantee to the City within sixty days unless the City approves in writing an alternative repayment plan. 3.8 Program Monitoring and Evaluation. Grantee shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement, the Act, the Regulations, and conditions of the HUD Grant Agreement and the City/County Agreement, and the effective and efficient achievement of the program objectives as described in Exhibit A. 3.9 Records. During the term of this Agreement and for five years after the City makes the last disbursement of Grant Funds to the Grantee, the Grantee shall keep appropriate books, records, and accounts in connection with the Grant Fundsand activities performed under this Agreement and is subject to the following: 3.9.1 The Grantee shall maintain all records related to this Agreement in accordance with applicable Regulations and generally accepted accounting practices, including, but not limited to the following records: (i) general ledger and subsidiary ledgers used to account for the receipt of Grant Funds and the disbursements from Grant Funds to meet eligible expenses; (ii) receipts of purchases made related to approved budget; (iii) contracts and subcontracts entered into using Grant Funds and all documents related to such contracts; (iv) all documentation of reports, audits, and other monitoring of contractors, subcontractors, the Grantee; (v) all documentation supporting the performance outcomes of contracts, subcontracts, and this Agreement; (vi) all internal and external email/electronic communications related to use of Grant Funds; and (vii) all investigative files and inquiry reports involving Grant Fund payments. 3.9.2 The Grantee shall make its books, records, and accounts available for review upon request by the City or the County. Grantee shall be responsible for maintaining all Grantee’s project records pertaining to this Agreement, including Grantee’s accounting records, employment records, and project work records for all employees, subcontractors, and suppliers, including this Agreement, change orders, requests for clarifications, instructions from HCD, contracts with suppliers and subcontractors, correspondence, submittals, samples, shop drawings, invoices, receipts, vouchers, purchase orders, notes, daily logs, and memoranda relating to the work. This includes subcontracts and expenditures, and all other financial and property records in conformance with 2 CFR Part 200. 3.9.3 Records must be kept accurate and up-to-date. Failure of Grantee to comply with this provision could result in termination of this Agreement or Grantee's repayment of funds previously awarded under this Agreement. 286 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 4 of 17 3.9.4 The Grantee shall follow audit requirements of the Single Audit Act and 2 CFR Part 200. 3.10 Audit Report. In addition to the reporting requirements listed above, Grantee shall commission an independent auditing firm to prepare and file with the City an annual audit report for each year during the term of this Agreement. Grantee’s failure to submit the audit report may result in the termination of the Agreement. The audit report is to be submitted to the City by March 30th of each year during the term of this Agreement. The audit report should state that an audit was made in accordance with the provisions of 2 CFR Part 200. 3.11 Reversion of Assets. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 3.11.1 Grantee shall transfer to the City any Grant Funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 3.11.2 Real property under the Grantee’s control that was acquired or improved, in whole or in part, with Grant Funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement or disposed of in a manner that results in City being reimbursed at fair market value less value attributable to non-CDBG expenditures. 3.12 Program Income. Any program income, as such term is defined in the Regulations, received by Grantee shall be retained by Grantee. The program income received by Grantee shall solely be used for the Project or for the purpose of operating the commercial kitchen facility. All provisions of this Agreement shall apply to activities funded by program income. All program income shall be expended by Grantee before the City is obligated to advance any other Grant Funds to Grantee under this Agreement. 3.13 Subcontracts. Grantee shall not enter into any subcontracts for the performance of work under of this Agreement without the written consent of the City prior to the execution of such subcontract. Grantee shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.14 Religious Activity Prohibition. Grantee agrees that Grant Funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. 4.City’s Obligations. For the Work Program described in Section 2 (Exhibit A), City shall disburse to the Grantee reimbursement for eligible designated costs shown in the approved Budget (Exhibit B), subject to the terms of this Agreement and City’s receipt of a W9 form from Grantee. 5.Federal Subrecipient Requirements. Grantee agrees to comply with all applicable requirements of Title 24 of the Code of Federal Regulations, Part 570. Grantee also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the Grant Funds provided under this contract. The laws and regulations governing the use of the Grant Funds include (but are not limited to) the following: 287 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 5 of 17 5.1 Labor Standards. Grantee agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Grantee agrees to comply with the Copeland AntiKick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5, as applicable. Grantee shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. 5.2 For the Employment and Contracting Opportunities requirements under Section 3 of the HUD Act of 1968, as amended - see Exhibit C. 5.3 For the prohibition on the use of debarred, suspended, or ineligible contractors as set forth in 24 CFR Part 24 - see Exhibit D. 5.4 Environmental Standards. In accordance with 24 CFR Part 58, the Grantee shall not commence work on the proposed project until the environmental review has been completed. A copy of the Environmental Review is contained within the Environmental Review file and is made a part of this contract by reference. 6.Grantee Representations and Warranties. Grantee warrants that it is duly organized under applicable laws of the State of California, is qualified to do business in the City, and is in compliance in all material respects with all laws and regulations necessary to perform under this Agreement. Grantee warrants that it shall perform the Project and operate the facility in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. Grantee further represents and warrants to the City as follows: 6.1 Grantee has read and is familiar with all of the terms and provisions of the Act and the Regulations applicable to Grantee. 6.2 Grantee is a duly organized entity permitted to receive CDBG funds under the Act and the Regulations. 6.3 The use of the facility, the Project, and the expenses to be reimbursed by the Grant Funds, as described in the Budget, are permitted uses of CDBG funds under the Act and the Regulations. 7.Relationship of Parties. Nothing contained in this Agreement shall be construed as creating the relationship of employer and employee or principal and agent between City and Grantee or Grantee’s agents or employees, and Grantee shall at all times be wholly responsible for the manner in which it or its agents, or both, perform under this Agreement. The Grantee shall at all times remain an “independent contractor” with respect to the work to be performed under this Agreement. Except as City may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Grantee 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 288 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 6 of 17 entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 8.Indemnification. To the maximum extent allowed by law, Grantee shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Grantee’s performance under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the active negligence or willful misconduct of City.Grantee’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. If any judgment is rendered against City or any of its elected or appointed officials or any of its employees, agents, and representatives in any such action, suit, or claim, Grantee shall, at its expense, satisfy and discharge the judgment. Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Grantee to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Grantee or any employee, agent, or subcontractor of Grantee 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, Grantee shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Grantee 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. 9.Insurance.Grantee shall procure and maintain, at all times during the performance of the work, Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance in conformance with the laws of the State of California and Federal laws, where applicable, in an amount not less than One Million Dollars ($1,000,000) per accident or disease. Grantee shall also procure and maintain at all times during the term of this Agreement, Commercial General Liability Insurance (including automobile operation) and Automobile Insurance covering Grantee and City for liability arising out of the operations of Grantee and any subcontractors. Each policy shall include coverage for all vehicles, licensed or unlicensed, on or off City’s premises, used by or on behalf of Grantee for the performance of work under this Agreement. Commercial General Liability Insurance shall provide coverage of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. Automobile Insurance should be no less than One Million Dollars ($1,000,000) per accident. Both Commercial General Liability and Automobile Insurance shall name as additional insured, in connection with Grantee’s activities, City, its elected and appointed officials, and its employees, agents, representatives, and volunteers. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). Grantee shall also procure and maintain Builders' risk insurance during the course of the construction, and, upon completion of construction, property insurance covering the Project, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for one hundred percent (100%) 289 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 7 of 17 of the replacement value, with deductible, if any, acceptable to the City, naming the City as a Loss Payee, as its interests may appear. Flood insurance shall be obtained if required by applicable federal regulations. 9.1 All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Each of the insurance providers on behalf of the contractor(s) or subcontractor(s) shall agree that its policy is primary insurance and that it shall be liable for the full amount of any loss up to and including the total limit of liability without right of contribution from any other insurance covering City. 9.2 Prior to commencement of work hereunder, Grantee shall deliver to City a certificate of insurance which shall indicate compliance with the insurance requirements of this Section 9. City reserves the right to obtain a full certified copy of any insurance policy and endorsements during this time. Failure to exercise this right shall not constitute a waiver of right to exercise later. 9.3 It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Grantee’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 12. In the event Grantee fails to obtain or maintain coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Grantee. Each policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. 9.4 All self-insured retentions (SIR) and/or deductibles must be disclosed to City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or City. 9.5 Pursuant to the provisions of this Agreement, insurance effected or procured by the Grantee shall not reduce or limit Grantee’s contractual obligation to indemnify and defend the City, and acceptance of Grantee’s insurance by City shall not relieve or decrease the liability of Contractor hereunder. Inclusion of City, its elected and appointed officials, and its employees, agents, representatives, and volunteers as additional insured shall not in any way affect its rights with respect to any claim, demand, suit, or judgment made, brought or recovered against Grantee. Such policy shall protect Grantee and City in the same manner as though a separate policy had been issued to each, but nothing in the policy shall operate to increase the insurer's liability as set forth in the policy beyond the amount or amounts shown or to which the insurer would have been liable if only one interest had been named as an insured. 9.6 If the policies of insurance obtained and maintained by Grantee under this Section 9 provide coverage on a claims-made rather than occurrence-based basis, Grantee shall maintain such coverage, or obtain comparable tail coverage, for the period following termination of this Agreement until the expiration of all applicable statutes of limitations. 9.7 City, its elected and appointed officials, and its employees, agents, representatives, and volunteers shall be covered as additional insureds with respect to liability arising out of activities performed by or on behalf of Grantee, as well as products and completed operations of Grantee. 290 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 8 of 17 9.8 Grantee shall include all subcontractors as an insured (covered party) 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. Grantee shall not allow any subcontractor to commence work on any subcontract until Grantee has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. 10.Nondiscrimination and Equal Opportunity. During the performance of this Agreement, Grantee shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Grantee under this Agreement. Grantee 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 Grantee thereby. 11.Licenses; Permits. Grantee shall obtain, at its sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of the Project and the operation of the facility. 12.Termination. City may terminate this Agreement in whole or in part immediately for cause, which shall include as example but not as a limitation: 12.1 Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with City, State and Federal laws and regulations and applicable directives; 12.2 Failure to meet the performance standards contained in other sections of this Agreement; 12.3 Improper use or reporting of funds provided under this Agreement; and 12.4 Suspension or termination by HUD of the grant to the County, or by County to City, under which Agreement is made, or the portion thereof delegated by this Agreement. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the City, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. 13.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 14.Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 291 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 9 of 17 15.Notices. Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Any written notice to Grantee shall be sent to: TRIVALLEY BMR, LLC Attn: Darin Lounds, Executive Director (Darin@HCEB.org) Phone: (510-832-1382) Any written notice to City shall be sent to: The City of Dublin Attn: Housing Division 100 Civic Plaza Dublin, CA 94568 Phone: (925) 833-6610 16.Integration. This Agreement, together with attached Exhibits A-D, contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understands, oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed herein. 17.Attorneys’ Fees. If any legal proceeding is instituted by either party to enforce the terms of this Agreement or to determine the rights of the parties thereunder, the prevailing party in the proceeding shall recover, in addition to all court costs, reasonable attorneys' fees (including, without limitation, post- judgment attorneys’ fees incurred in collecting a judgment or otherwise enforcing the terms thereof). 18. Applicable Law. This Agreement shall be subject to and governed by the law of the State of California. 19.Assignment. Binding on Successors. The Grantee may not assign or otherwise transfer this Agreement or any interest in it without the City’s written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this section is void. This Agreement binds and inures to the benefit of the successors and assigns of the parties, however this statement does not constitute the City’s consent to any assignment of this Agreement or any interest in this Agreement 20. Conflict of Interest. Grantee agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. Grantee further covenants that in the performance of this Agreement no persons having such a financial interest shall be employed or retained by the Grantee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected official or appointed official of the City of Dublin, or of any designated public agencies or subrecipients which are receiving funds under the Act. 292 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 10 of 17 21. Amendment.No changes in the Work Program (Exhibit A) as described in this Agreement shall be made without written approval of the City. Any changes to this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement executed by City and Grantee. City and Grantee may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, and signed by duly authorized representative(s) of each party. Such amendments shall not invalidate any parts of this Agreement that are not changed by the amendment, nor relieve or release City and Grantee from its obligations under this Agreement that are not changed by the amendment. Grantee agrees not to unreasonably withhold its approval of any amendments proposed by City that are necessary in order to conform with federal, state or local governmental laws, regulations, ordinances, orders, rules, directives, circulars, bulletins, notices, guidelines, policies and available funding amounts. 22. Waiver of Breach.A party’s failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other party’s breach of this Agreement will not constitute a waiver of the performance, right, or remedy. A party’s waiver of the other party’s breach of any term or provision in this Agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party. 23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereby warrant that (i) they are duly authorized to execute and deliver this Agreement on behalf of said party, (ii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and, (iii) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. SIGNATURES ON THE FOLLOWING PAGE 293 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 11 of 17 IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on the date set forth above. CITY OF DUBLIN GRANTEE – TRIVALLEY BMR, LLC _______________________________________________________________ Linda Smith, City Manager Darin Lounds, Executive Director Attest: ____________________________ Marsha Moore, City Clerk Approved as to Form: ____________________________ John D. Bakker, City Attorney 294 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 12 of 17 EXHIBIT A WORK PROGRAM for TRIVALLEY BMR, LLC CONSTRUCTION OF PERMANENT FACILITIES FOR OPEN HEART KITCHEN OF LIVERMORE CDBG funds are being used to purchase equipment and build a commercial kitchen to serve residents of Dublin from this facility in Livermore. Grantee shall: 1) Demolish an existing structure on the site (460 N. Livermore Avenue, Livermore CA). 2) Construct a new structure to accommodate the proposed kitchen along with the housing and other facilities in the building. 3) Execute a long term lease in accordance with existing Memorandum of Understanding with Open Heart Kitchen. 4) Purchase and install kitchen equipment at the project site. 5) Complete construction and make kitchen operational to meet the needs of families in Dublin, CA. Timeline April 21, 2021 TriValley BMR, LLC and/or Open Heart Kitchen to pay for and pre-order kitchen equipment. July 2021 Complete bid solicitation, select contractor and develop contract. Finalize and approve all plans. September 2021 Construction begins. November 2021 Open Heart Kitchen and TriValley BMR execute the long-term lease. December 2022 Construction is completed. Finalize permits for opening. 1. This timeline may be amended with prior approval of the Director or designee. 2. Invoices can only cover costs incurred between April 20, 2021, and March 30, 2022. 295 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 13 of 17 EXHIBIT B CONDITIONS FOR PAYMENT for TRIVALLEY BMR, LLC CONSTRUCTION OF PERMANENT FACILITIES FOR OPEN HEART KITCHEN OF LIVERMORE 1.BUDGET Before disbursement of Grant Funds may be made, Grantee shall establish a budget, to be approved in writing by the Community Development Director or designee, specifying by line item the expenditures to be made with Grant Funds. Once a budget is approved by the City, changes may be made only with a written request to be approved by the Director or designee in advance of a request for disbursement of funds. 2.METHOD OF PAYMENT All requests for a funding draw or reimbursement will be in a format approved by the City and the County. a.All requests for a funding draw or reimbursement shall be on Grantee’s letterhead, contain an original authorized signature, unique invoice number (current year’s contract number); total amount requested and amounts towards each line item on the approved budget. This document shall be called an “Invoice”, and shall track disbursements made by budget line item, current requests, and amount remaining in the budget line item, as demonstrated in the table below. Line Item Total Budget Previous Requests Current Request Balance Remaining b.Invoices must state the Service Period which is the period for which payment is requested. The dates on the backup invoice documentation must be within this period. c.All invoices shall be paid on a funding draw or reimbursement basis and be made no more than monthly with supporting documentation of actual costs incurred during the period of time covered by the invoice. If under a specific line item, Grantee has more than one form of back up or supporting documentation, Grantee must summarize the documentation and include a subtotal of items which add up to the line-item total. Invoices must be properly organized and are subject to return to Grantee if they are not. d.Requests for funding draw or reimbursement must be received within 60 days of the end of each month or period covered. e.All funds disbursed to Grantee must be expended within fifteen (15) days of approval of the receipt of funds. The final disbursement shall be requested by GRANTEE not less than sixty (60) days before project completion. f.Any adjustments made by the fiscal auditors at the year-end audit, under the American Institute of Certified Public Accountants (AICPA) guidelines and other relevant federal regulations should be brought to the attention of City staff for reconciliation. g.Grantee is responsible for reporting any matching funds used on this project which do not originate from HCD sources. These funds can include funding to cover staff that are working on this project but paid from another source of funds. 296 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 14 of 17 3.REQUESTS FOR ADJUSTMENTS TO BUDGET LINE ITEMS Once the line-item budget has been approved, there can be no more than four (4) requests for adjustments to the budget during the contract period, including any final adjustments done at the end of the project, unless otherwise approved by the City of Dublin Community Development Director, which approval shall not be unreasonably withheld. Any change in the budget that results in lower costs shall be communicated immediately. If Director or designee determines that the total amount of funds under this contract exceeds the amount necessary to complete the project, Director or designee may adjust the contract accordingly. The budget amendment should be on letterhead, must contain an original signature, and must track the requested change by line item, showing original budget amount, balance expended to date, remaining funding by each line item, the amount to be moved between line items, and the final new budget amount. Budget amendments take between two and three weeks to process and must be processed prior to receipt of an invoice requesting funding under the new budget. The Director or designee reserves the right to deny any budget modification request. 4.COMPLIANCE WITH FEDERAL REGULATIONS Grantee's administrative procedures must be in compliance with the following regulations: a.2 CFR Part 200. b.24 CFR Part 570.502 Applicability of uniform administrative requirements. 5.PUBLIC RECOGNITION OF FUNDING Grantee will publicly recognize the funding provided by the City of Dublin and the Alameda County Housing and Community Development Department (HCD) and in all newspaper articles and any other public relations opportunities related to this project. HCD staff and members of the Board of Supervisors will be invited to participate in the groundbreaking and grand opening ceremonies, if held. 297 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 15 of 17 EXHIBIT C SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 1. In all sub-contracts for work paid for with funds from this Contract over $10,000, the following clause (referred to as the Section 3 Clause), will be included: a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. 3. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. 4. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but not before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities be directed, were not filled to circumvent the Contractor's obligations under 24 CFR Part 135. 5. The Contractor agrees to publish and advertise all new employment opportunities and sub- contracting opportunities with the following types of organizations: a) Labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. b) Workforce Investment Board “One Stop Career Centers.” c) Other low-income training organizations. 6.Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7.With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 405e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of 298 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 16 of 17 Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 299 Grant Agreement between April 20, 2021 City of Dublin and TriValley BMR Page 17 of 17 EXHIBIT D DEBARMENT AND SUSPENSION CERTIFICATION The Contractor, under penalty of perjury, certifies that, except as noted below, Contractor, its principals, and any named subcontractor: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessary result in denial of award, but will be considered in determining Contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification. 300 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.9 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and 6200 Village Parkway, LLC for Improvements to 6200 Village Parkway Prepared by: Suzanne Iarla, Management Analyst II EXECUTIVE SUMMARY: The City Council will consider approving a Commercial Façade Improvement Grant Program Agreement between the City of Dublin and 6200 Village Parkway, LLC to assist with the façade improvements to the multi-tenant office building at 6200 Village Parkway. STAFF RECOMMENDATION: Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement between the City of Dublin and 6200 Village Parkway, LLC. FINANCIAL IMPACT: The proposed agreement provides a grant not to exceed $70,000 to the applicant. Funding for this grant is available in the General Fund Reserve for Façade Improvement Grants. DESCRIPTION: In December 2011, the City Council adopted the Commercial Façade Improvement Grant Program as one way to improve the physical appearance of the Downtown Dublin Specific Plan (DDSP) area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road (Program Area), encourage the retention of existing businesses, and increase property values and tenant stability in the area. The Program leverages public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Program Area. In June 2016, the City Council adopted changes to the Program to expand the allowance for architectural assistance, encourage timely results, prioritize selection of projects which promote downtown activation (such as outside gathering and dining spaces), promote project 301 Page 2 of 3 competitiveness, clarify applicant preparedness, and make the requirements of the Program more understandable to applicants. Under the Program, commercial property owners or tenants with long-term leases (five or more years) within the Program Area can apply for one of two façade improvement grants. Applicants have the following options: 1. Mini-Grant - this grant provides reimbursement of up to $5,000 for commercial building façade improvements with no match requirement; or 2. Matching Grant - this grant provides a reimbursable matching grant of two-thirds (67%) of eligible project costs, up to a maximum of $70,000. The total cost of the improvement work must be more than $5,000. Receipt of a matching grant requires the approved applicant to contribute a minimum of one-third (33%) of the total cost of the façade improvements. Additionally, the Program offers up to 10 hours of architectural design services to help cover design costs. In May 2020, Staff received an application for a matching grant from Veena Kaul, property owner of the multi-tenant office building at 6200 Village Parkway (Applicant). The Applicant requested a $70,000 matching grant plus architectural design services to help offset improvements and the costs of the construction of exterior upgrades to the building, whose main tenants are Kensington Laboratories and a (pending) new co-working space leased by Serendipity Labs. The Applicant is currently in the design phase of the project and the matching grant will help offset the costs associated with the following: Exterior painting Replacement siding with a more modern stone façade New exterior lighting New signage (including an exterior monument at the entrance and signage on the building façade) Additional work to be performed as part of the project includes landscaping and parking lot improvements as well as installation of solar panels. On June 16, 2020, the City Council’s Economic Development Committee considered the application and by consensus recommended up to 10 hours of architectural design services and a grant not to exceed $70,000 to help offset the façade improvement costs. This recommendation falls under the Committee's purview to provide policy guidance and direction on economic development activities. 302 Page 3 of 3 The Program has an on-call services agreement with FCGA Architecture for architectural design services. FCGA Architecture worked with the City and the Applicant to design renderings of the façade improvements, which the Applicant has accepted. The proposed agreement (Attachment 2) includes a scope of work that meets the criteria established in the Program and provides the Applicant with a reimbursement grant up to $70,000 of the total project cost. This agreement will result in improvements to the façade of the property, thus enhancing the appearance and character of the Program Area to the benefit of City residents. Staff believes that this façade improvement will achieve the goals of the Program as well as generate new commercial interest, thus encouraging other property owners in the area to participate in the Program. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this Staff Report has been provided to the Applicant and the City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and 6200 Village Parkway, LLC 2) Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and 6200 Village Parkway, LLC 303 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF DUBLIN AND 6200 VILLAGE PARKWAY, LLC WHEREAS, for decades, state and local governments have used economic development incentives to attract or retain jobs and/or improve the local tax base; and WHEREAS,the City Council of the City of Dublin adopted Resolution No. 216-11 on December 20, 2011, which established a Commercial Façade Improvement Grant Program intended to improve the physical appearance of the Downtown Dublin Specific Plan area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road and encourage the retention of existing businesses, as well as increase property values, tenant stability, and lease rates for the property; and WHEREAS, the Program authorizes the City of Dublin to enter into agreements with commercial property owners, or tenants with long-term leases (five or more years remaining on the lease at the time a Program application is submitted) to apply for either 1) a mini-grant for reimbursement of up to $5,000; or 2) a matching grant, that provides funding of two-thirds (67%) of eligible project costs, up to a maximum of $70,000; and WHEREAS,6200 Village Parkway, LLC (Applicant) owns certain real property at 6200 Village Parkway in Dublin, California (A.P.N. 941-1401-010), (Property), located in the Program area within the City; and WHEREAS,the Applicant intends to improve the facade of the building on the Property; and WHEREAS,the City Council finds that this Agreement serves a public purpose in that it will help improve the physical appearance of Village Parkway in the Program area, encourage the retention of existing businesses, and increase property values and tenant stability, thus benefitting the City and its residents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Commercial Façade Improvement Grant Program Agreement with 6200 Village Parkway, LLC for improvements to the multi-tenant office building at 6200 Village Parkway not to exceed $70,000 for certain eligible façade improvements; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: AYES: NOES: 304 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 305 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 1 of 12 City Grant Amount: $70,000 Matching Funds: $430,000 Estimated Project Total: $500,000 COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF DUBLIN AND 6200 VILLAGE PARKWAY, LLC THIS COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT ("Agreement") dated April 20, 2021, the date of execution by the City (the “Effective Date”) is entered into by and between the City of Dublin, a public body corporate and politic ("City") and 6200 Village Parkway, LLC, a California corporation (“Owner” and “Applicant”). R E C I T A L S A. The City has adopted a Commercial Façade Improvement Grant Program (“Program”) in order to provide grants to certain owners or tenants of eligible buildings who design and construct improvements to the facades of their buildings. B. Applicant owns certain real property located at 6200 Village Parkway (A.P.N. 941-1401-010), in Dublin, California (the “Site”), and within the boundaries outlined by the Commercial Façade Improvement Grant Program Guidelines (“Program Guidelines”). C. Applicant has submitted an application to the City pursuant to the Program Guidelines for a grant for certain improvements to the Site, and City has determined that Applicant and the Site meet the eligibility criteria for the Program. D. City desires to enter into this Agreement because improvement of the Site will enhance the physical appearance and economic vitality of commercial businesses, encourage full occupancy of storefronts, generate additional tax revenue and assist in providing an environment for the social, psychological and economic growth and well-being in the boundaries outlined by the Program Guidelines and the citizens of the City. E. Applicant desires to enter into this Agreement with City to receive assistance in making certain improvements to the Site, and City is willing to do so on the terms and conditions set forth in this Agreement. A G R E E M E N T NOW, THEREFORE, City and Applicant hereby agree as follows: Section 1. GENERAL. 1.1 Term. This Agreement shall begin on the Effective Date and expire five (5) years following the Applicant’s approval of contractor’s notice of completion (“Term”). Section 2. IMPROVEMENT OF THE SITE. Attachment 2 306 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 2 of 12 2.1 Scope of Work. Applicant shall complete the proposed project in accordance with the Scope of Work attached hereto as Exhibit A (the “Project”). 2.2 Commercial Façade Improvement Grant Funds. The City agrees to reimburse to the Applicant a sum not to exceed seventy thousand dollars ($70,000) (the “Grant Amount”), for certain eligible improvements (the “Eligible Improvements”) as set forth below: a. The Grant Amount may be used only to fund those Eligible Improvements identified in Exhibit B attached hereto. b. All services to be performed by a third-party contractor shall be the subject of agreement between Applicant and the third-party contractors. The City shall not assume any liability for such agreements. The Applicant shall submit to the City all invoices from the contractor or contractors for work performed on the Eligible Improvements in order to receive reimbursement. c. A representative of the City shall inspect the completed Project after a notice of completion has been submitted to the City. d. The City will only issue the Grant Amount after the Project has been completed. Upon determination by the City's representative that Project has been completed in conformance with the Scope of Work (Exhibit A) and the City approvals, the City shall issue a check made payable to the Applicant in an amount equal to the lesser of the Grant Amount or the actual amount of the invoices submitted to the City by the Applicant. The City Manager in his or her sole discretion may issue the Grant Amount at an earlier time than set forth in this Section 2.2(d), if the Applicant can demonstrate good cause. e. Any and all costs of the Project including, but not limited to the Eligible Improvements, which are in excess of the Grant Amount, shall be the sole responsibility of, and be borne by, the Applicant. 2.3 Permits and Approvals. Before commencement of the Project, Applicant shall secure or cause to be secured any and all permits which may be required by the City and any other governmental agency affected by such construction or work. 2.4 Commencement of the Project. Within 60 days after the Effective Date, Applicant shall have selected and authorized one or more contractors to complete the Project, and shall have provided notice to the City of such selection and authorization. In the event the Applicant fails to select and authorize a contractor or contractors to complete the Project within such 60-day period, the City may, at its option, terminate this Agreement upon written notice to the Applicant. In such event, neither party shall have any further rights against or liability to the other in connection to this Agreement. All contractors performing work on the Project must be licensed in the State of California. 2.5 Building Permit. A Building Permit must be obtained within six months of the Effective Date. In the event the Applicant fails to obtain a Building Permit within such six-month period, the City may, at its option, terminate this Agreement upon written notice to the Applicant. In such event, neither party shall have any further rights against or liability to the other in connection to this Agreement. An additional 307 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 3 of 12 six-month extension may be approved with the City’s prior written consent. Notwithstanding the foregoing, no work shall be performed prior to both 1) issuance of the Building Permit and 2) approval of this Agreement by the Dublin City Council. Any work performed prior to both building permit issuance and City Council approval will not be eligible for reimbursement. 2.6 Completion of the Project. Applicant shall complete the Project and satisfy all other obligations and conditions of this Agreement within 120 days of building permit issuance. This completion date is subject to revision from time to time as mutually agreed upon in writing between Applicant and the City Manager, or their designee. Upon completion, Applicant shall require contractors’ completion notice signed by the contractor. When the Project is completed as set forth in this Agreement, a notice of completion shall be delivered to and approved by the Applicant. Notice of completion shall then be delivered to the City as set forth in this Section 2.6. Section 3. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Applicant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Applicant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Applicant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Applicant shall maintain the insurance policies required by this section throughout the term of this Agreement. Applicant shall not allow any contractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Applicant shall maintain all required insurance listed herein for the duration of this Agreement. 3.1 Workers’ Compensation. 3.1.1 General Requirements. Before beginning any work under this Agreement, Applicant and its contractor(s) shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, contractor may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. 308 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 4 of 12 3.1.2 Submittal Requirements. To comply with Subsection 3.1, Applicant shall submit the following: a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section for all contractor(s) performing work related to the Project; and b. Waiver of Subrogation Endorsement as required by the section for all contractor(s) performing work related to the Project. 3.2 Commercial General and Automobile Liability Insurance Requirements. Before beginning any work under this Agreement, Applicant and its contractor(s) 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 Applicant or its contractor and its agents, representatives, employees, and subcontractors. Applicant 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. Applicant shall maintain the insurance policies required by this section throughout the term of this Agreement. Applicant shall not allow any contractor or subcontractor to commence work on until Applicant has obtained all insurance required herein for the contractor or subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Applicant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-insurance and shall be at least as broad as CG 20 10. In the event Applicant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Applicant. Failure to exercise this right shall not constitute a waiver of right to exercise later. 3.2.1 Commercial General and Automobile Liability Insurance. 3.2.1.1 General requirements. Applicant and all contractors and subcontractors, at their own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 309 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 5 of 12 3.2.1.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). No endorsement shall be attached limiting the coverage. 3.2.1.3 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. 3.2.1.4 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. Any failure of Applicant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 3.2.1.4.1 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. Applicant shall notify City within 14 days of notification from Applicant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 3.2.1.4.2 For Applicant’s contractors and subcontractors, an endorsement for completed operations for the construction project, such as the CG 20 37 “Additional Insured— Owners, Lessees or Contractors—Completed Operations” endorsement form, 310 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 6 of 12 shall be submitted by Applicant to the City no later than 30 days after completion of the Project. 3.2.1.5 Submittal Requirements and Verification of coverage. Applicant 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 and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. a. Prior to execution of this Agreement, Applicant shall submit: i. Certificate(s) of Commercial General Insurance and Automobile Liability Insurance; and ii. Additional Insured Endorsement such as CG 20 10 “Designated Person Or Organization Endorsement”. b. Prior to commencement of the Project as described in Section 2.4., Applicant shall furnish City with contractor’s certificates of insurance and with original endorsements effecting coverage required herein. 3.2.1.6 Contractors and Subcontractors. Applicant agrees to include with all contractors or subcontracts the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Contractors or subcontractors hired by Applicant agree to be bound to Applicant and the City in the same manner and to the same extent as Applicant is bound to the City under the Contract Documents. 3.2.1.7 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. 3.2.1.8 Deductibles and Self-Insured Retentions. Applicant and its contractor(s) shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 3.2.1.9 Wasting Policies. No policy required by this Section 3 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 311 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 7 of 12 3.2.1.10 Endorsement Requirements. Each insurance policy required by this Section 3 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 3.2.1.11 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 3.2.1.12 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, Applicant shall provide written notice to City at Applicant’s earliest possible opportunity and in no case later than five days after Applicant is notified of the change in coverage. 3.2.2 Term of Coverage. Applicant, at its own cost and expense, shall maintain all insurance policies required by this Agreement for the duration of the Agreement’s Term. Applicant shall require that all contractors and subcontractors, at their own cost and expense, maintain the insurance policies required by this Agreement until the Project is complete and the Applicant accepts contractor’s completion notice. 3.2.3. Remedies. In addition to any other remedies City may have if Applicant 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 Applicant’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 Applicant to stop work under this Agreement or withhold any payment that becomes due to Applicant hereunder, or both stop work and withhold any payment, until Applicant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 4. PREVAILING WAGES. Applicant shall require any contractors performing work under this Agreement to pay prevailing wages pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of this Agreement, prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification, or type of worker employed on the project. 312 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 8 of 12 The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractors or subcontractors in connection with the Project. The payroll records shall be kept in accordance with the provisions of Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with requirements of such Section 1776. Section 5. MAINTENANCE COVENANTS. The Applicant covenants and agrees, for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that the Applicant will maintain, at Applicant's own cost and expense, the improvements on the Site in a clean and orderly condition, free of graffiti, and in good condition and repair, and will keep the Site free from any accumulation of debris and waste materials. Any damage to the building visible from the street is to be repaired immediately. The Applicant shall promptly touch up painted areas and perform any other repairs needed to maintain an attractive building appearance, including cleaning all awnings, if any, at least once a year. The foregoing covenants shall remain in effect for a period of 60 months from the completion of the Project. During this 60-month period, Applicant agrees, for itself, its successors, its assigns and every successor in interest, that it will not materially alter the improvements made with City funds, without the prior written consent of City which consent may be conditioned by City to preserve those features to the extent necessary to achieve the objectives of City for entering into this Agreement. Any violation of this section not cured within 60 days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the violation. 5.1 Improvements Cannot Be Removed by Applicant Without City’s Consent. All Eligible Improvements will become permanent fixtures of the property and cannot be removed by Owner upon expiry or termination of the lease of current tenant at the Site or sale of the property. Exceptions can be made with the prior written consent of the City. Any violation of this section not cured within 60 days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the violation. Section 6. LEGAL REQUIREMENTS. 6.1 Governing Law. The laws of the State of California shall govern this Agreement. 6.2 Compliance with Applicable Laws. Applicant and its Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 6.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Applicant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 6.4 Licenses and Permits. Applicant represents and warrants to City that its Contractor 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. Applicant represents and warrants to City that its Contractor and its employees, agents, any subcontractors shall, at their sole 313 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 9 of 12 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, Applicant shall obtain and maintain during the term of this Agreement valid Business Licenses from City and Applicant’s Contractor and any subcontractors shall obtain and maintain a valid Business Licenses from City during the construction phase of the project. 6.5 Nondiscrimination and Equal Opportunity. Applicant and its Contractor and any subcontractors shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Applicant under this Agreement. Section 7. GENERAL PROVISIONS. 7.1 Rights of Access. Representatives of the City shall have the reasonable right to access the Site, without charges or fees, for the purpose of inspecting the Project, including the Eligible Improvements. City (or its representatives) shall, except in emergency situations, give Applicant reasonable advance notice prior to exercising its rights herein. Nothing herein shall be deemed to limit the ability of the City to conduct code enforcement and other administrative inspections of the Site in accordance with applicable law. 7.2 Compliance with Laws. Applicant shall carry out the Project in conformity with all applicable federal, state and local laws, including Labor Code requirements; City zoning and development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. 7.3 Assignment. Applicant shall have the right to assign all of its rights and obligations under this Agreement, provided however that any such assignment shall be effective only upon receipt by City of written notice of the assignment. 7.4 Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either party may desire to give to the other party under this Agreement must be in writing and shall be given by certified mail, return receipt requested and postage prepaid, personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice. To City: City of Dublin 100 Civic Plaza, Dublin, CA 94568 314 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 10 of 12 Dublin, CA 94568 Attention: City Manager Phone: (925) 833-6650 Email: city.manager@dublin.ca.gov To Applicant: 6200 Village Parkway LLC Dublin, CA 94568 Attention: Veena Kaul, Vice President Phone: (510) 862-1625 Email: v.kaul@comcast.net Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party. 7.5 Relationship between City and Applicant. It is hereby acknowledged that the relationship between City and Applicant is not that of a partnership or joint venture and that City and Applicant shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Site or the Eligible Improvements. Applicant agrees to indemnify, hold harmless and defend City from any claim made against City arising from a claimed relationship of partnership or joint venture between City and Applicant with respect to the development, operation, maintenance or management of the Site or the Eligible Improvements. 7.6 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, contains the entire understanding between the parties relating to the transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. 7.7 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party. 7.8 Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. 7.9 Applicant's Indemnity; Waiver. Applicant shall indemnify, defend (with counsel reasonably acceptable to City), protect and hold City, and its officers, employees, agents and representatives, harmless from, any and all Claims of any kind or nature arising out of the Project or this Agreement or the implementation hereof, including, but not limited to, any damages to property, injuries to persons or 315 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 11 of 12 accidental death (including reasonable attorneys’ fees and costs), which may be caused by the work performed under this Agreement or any activities associated with the Project, whether such activities or work is performed by Applicant or by anyone directly or indirectly employed or contracted with by Applicant. Applicant's indemnity obligations under this section shall survive termination of this Agreement. Applicant's indemnity obligations under this section shall not extend to claims, demands, damages, defense costs or liability for property damage, bodily injury or death occasioned by the active negligence or willful misconduct of the City, or its officers, employees, agents or representatives. Applicant hereby waives, releases and discharges forever the City, and its employees, officers, volunteers, agents and representatives, from any and all present and future Claims arising out of or in any way connected with this Agreement, the performance of the work, or Applicant's obligation to comply with all laws with respect to the work. 7.10 Non-liability of Officials and Employees of City. No member, official or employee of the City shall be personally liable to Applicant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Applicant or its successors, or on any obligations under the terms of this Agreement. 7.11 Applicable Law. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement. 7.12 No Third Party Rights. This Agreement is made and entered into solely for the benefit of the City and Applicant and no other third party shall have any right of action under this Agreement. 7.13 Disclosure of Documents. Applicant acknowledges that the City is subject to the provisions of the California Public Records Act and that any information submitted to the City may be disclosed to the extent required by law. 7.14 Liability. Owner is wholly liable for any Claims arising out of this Agreement. 7.15 Termination. In addition to City’s right to terminate under Section 2.4 and 2.5, City or Applicant may terminate this Agreement upon written Notice to the other in the event that the other party fails to comply with its obligations under this Agreement. [remainder of page intentionally left blank] 316 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and 6200 Village Parkway, LLC Page 12 of 12 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY: CITY OF DUBLIN, a municipal corporation By: ____________________________________ Linda Smith, City Manager Attest: ____________________________________ Marsha Moore, City Clerk Approved as to form ____________________________________ John D. Bakker, City Attorney PROPERTY OWNER: 6200 Village Parkway, LLC, a California corporation By: ____________________________________ Veena Kaul, Vice President 4/8/2021 317 Commercial Façade Improvement Grant Program Agreement between City of Dublin and 6200 Village Parkway, LLC. Exhibit A - Page 1 EXHIBIT A SCOPE OF WORK Rendering of new façade for 6200 Village Parkway (A.P.N. 941-1401-010) in Dublin, California: East Entry Corner Main Entry (South) 318 Commercial Façade Improvement Grant Program Agreement between City of Dublin and 6200 Village Parkway, LLC. Exhibit B - Page 1 EXHIBIT B ELIGIBLE IMPROVEMENTS Applicant is the property owner of 6200 Village Parkway (A.P.N. 941-1401-010) in Dublin, California and shall construct and install the façade improvements including, but not limited to the following:  Exterior painting  Replace siding with more modern stone façade  New exterior lighting  Removal of old signs, awnings and other exterior clutter  New signage (including exterior monument at the entrance and signage on building façade) 319 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 4.10 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Arab American Heritage Month Proclamation Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will consider proclaiming April as Arab American Heritage Month in the City of Dublin. STAFF RECOMMENDATION: Approve the proclamation. FINANCIAL IMPACT: None. DESCRIPTION: April is recognized as National Arab American Heritage Month across the United States to celebrate the Arab American heritage and culture and recognize the contributions of Arab Americans. This proclamation reflects the City of Dublin’s support of the diversity and inclusivity of all people, culture, and traditions represented by its residents. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Arab American Heritage Month Proclamation 320 Attachment 1 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Arab American Heritage Month – April 2021” WHEREAS, the City of Dublin takes great pride in the diversity and inclusivity of all people, cultures, and traditions represented by its residents; and WHEREAS,National Arab American Heritage Month is observed throughout the United States each April to highlight the substantial contributions Arab Americans have made to every facet of life; and WHEREAS, between the years 1800-1924, over 20 million immigrants came to the United States of America, with approximately 95,000 of them from the Greater Syria region, known as today’s present-day Syria, Lebanon, Jordan, and Palestine; and WHEREAS,the first Arab American immigrants who came to the United States brought along with them a rich history and traditions that have fused beautifully with the American culture; and WHEREAS,Arab Americans have made valuable contributions to virtually every aspect of American life, including medicine, education, and diversity in faith; and WHEREAS,Arab Americans occupy positions of leadership and responsibility throughout our system of government, setting examples of public service at the local, state, and national levels; and WHEREAS,the Arab American community joins all Americans in the desire to see a peaceful and divers e society, where every individual is treated equally and feels safe. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2021 as Arab American Heritage Month in the City of Dublin and encourages all citizens to observe Arab American Heritage Month with appropriate programs and activities that celebrate the contributions of Arab Americans to the City of Dublin. DATED: April 20, 2021 ______________________________________ Mayor Melissa Hernandez Vice Mayor Shawn Kumagai __________________________________________________________________ Councilmember Jean Josey Councilmember Michael McCorriston Councilmember Sherry Hu 321 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.11 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of Plans and Specifications and Award of Contract to Saboo, Inc. for the Dublin Heritage Park Cemetery Improvements Project No. PK0215 Prepared by: Rosemary Alex, Parks and Facilities Development Coordinator EXECUTIVE SUMMARY: The City Council will consider approving the plans and specifications and awarding a contract to Saboo, Inc. for the Dublin Heritage Park Cemetery Improvements project, CIP No. PK0215. The scope of work includes street frontage and parking improvements, renovated landscaping, lighting, improved pathways, renovated courtyard, and site furnishings. The completed improvements will facilitate the revised memorial program at the cemetery. The City Council will also consider authorizing the City Manager to increase the budget based on the addition of project alternates and a construction contingency amount. STAFF RECOMMENDATION: Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Saboo, Inc. for the Dublin Heritage Park Cemetery Improvements Project, CIP No. PK0215. FINANCIAL IMPACT: As approved in the 2020-2025 Capital Improvement Program, the total budget for the Dublin Heritage Park Cemetery Improvements is $1,500,000, funded by a Developer contribution from the Schaefer Ranch project. The available budget for improvements is $1,035,000. The base bid submitted by Saboo, Inc. is $936,000. Staff recommends the inclusion of all three add alternate items for $95,000, and a contingency in the amount of $100,000, for a total potential construction contract amount of $1,131,000. Award of the base bid, alternates, and contingency requires a budget increase of $96,000. The available project funds and proposed budget adjustment are summarized as follows: Project Funding Source General Fund (Developer contribution)$1,500,000 Total Funding $1,500,000 322 Page 2 of 3 Project Costs Base Bid $936,000 Add Alternate #1 - Landscape Adjacent Picnic Area $36,000 Add Alternate #2 - Replacement of Concrete Pathway $47,000 Add Alternate #3 - Upgrade Irrigation Controller $12,000 Construction Contingency $100,000 Soft Costs (Staff, Consultants, miscellaneous)$465,000 Total Estimated Expenditures $1,596,000 Funding Shortfall $(96,000) Additional Funding Source General Fund Assigned Non-Streets CIP Reserve $96,000 Total Additional Funding Requested $96,000 DESCRIPTION: The 2020-2025 Capital Improvement Program (CIP) includes the Dublin Heritage Park Cemetery Improvements project, CIP No. PK0215. On October 20, 2020, the City Council approved the conceptual design for the project, which included the following elements: Addition of shade and improvements to the courtyard adjacent to Old St. Raymond’s Church. Restoration of the tree allée along Hawthorne Lane and landscape improvements throughout the site. Renovation of existing pathways. Restoration of the parking lot, street frontage improvements, and additional parking along Donlon Way. General lighting improvements and site furnishings. Provision of space for memorial program elements (pavers, monuments, benches and boulders). Upon approval of the conceptual design, Staff and PGA Design completed the construction documents. The plans and specifications were advertised for bid in February 2021 and six sealed bids were received by March 25, 2021. A summary of bids is provided as Attachment 2. Staff reviewed the bid results and bidder qualifications, checked references and necessary licenses, and found that Saboo, Inc. was the lowest responsive bidder. Bid Alternates As part of the bid package, alternates were included to provide flexibility in terms of project scope and meeting current project budget. The following alternates are for City Council consideration: Alternate #1 – planting and irrigation adjacent to the proposed picnic area. Contract Increase: $36,000 323 Page 3 of 3 Alternate #2 – demolition and replacement of concrete pathway adjacent to the proposed memorial space with benches. Contract Increase: $47,000 Alternate #3 – upgrade of existing irrigation controller to a standard City controller that connects to the central control system. Contract Increase: $12,000 Staff recommends including all three alternates, bringing the total construction contract amount to $1,031,000. To facilitate the approval of contract change orders and avoid construction delay, Staff recommends that the City Manager or designee be authorized to approve change orders up to the contingency amount of $100,000. Approval of these changes would require an increase to the project budget by $96,000; the attached resolution authorizes the City Manager to adjust the budget according to the City Council’s decision. Construction is anticipated to begin in May 2021 and to be completed, including the 30-day plant establishment period, in fall 2021. California Environmental Quality Act (CEQA) This project is included in the following CEQA documents adopted by the City Council therefore no further action is required: Mitigated Negative Declaration and Mitigation Monitoring Program for the Dublin Village Historic Area Specific Plan, Resolution No. 148-06 dated August 1, 2006 (Attachment 3). Mitigated Negative Declaration and Mitigation Monitoring Program for the Kolb Ranch Building Move, Rehabilitation, and Facility Reuse at the Dublin Historic Park, Resolution No. 85-08, dated June 3, 2008 (Attachment 4). STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this Staff Report was sent to Saboo, Inc. and the City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Plans and Specifications and Awarding a Contract to Saboo, Inc. for the Dublin Heritage Park Cemetery Improvements Project, CIP No. PK0215. 2) Bid Results 3) Resolution No. 148-06 Adopting the Mitigated Negative Declaration and Mitigation Monitoring Program for the Dublin Village Historic Area Specific Plan Project 4)Resolution No. 85-08 Adopting the Mitigated Negative Declaration and a Mitigation Monitoring Program for the Kolb Ranch Building Move, Rehabilitation, and Facility Reuse at the Dublin Historic Park and Dublin Historic Park Master Plan Addendum 324 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO SABOO, INC. FOR THE DUBLIN HERITAGE PARK CEMETERY IMPROVEMENTS PROJECT CIP NO. PK0215 WHEREAS,the design team completed plans and specifications for the Dublin Heritage Park Cemetery Improvements Project, CIP No. PK0215, (Project), and the Project includes street frontage and parking improvements, renovated landscaping, lighting, improved pathways, renovated courtyard, and site furnishings; and WHEREAS,the City of Dublin did, on March 25, 2021, publicly open, examine, and declare all sealed bids for doing the work described in the approved plans and specifications for the Project, which plans and specifications, are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS,said bids were submitted to City Staff and Saboo, Inc. was determined to be the lowest responsive and responsible bidder for doing said work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the plans and specifications for the Project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award the Contract for the Project to the lowest responsive bidder, Saboo Inc., at a base bid of $936,000, with the inclusion of add alternate items up to $95,000 as determined during the April 20, 2021 City Council meeting, for a total contract amount up to $1,031,000, the particulars of which bids are on file in the Office of the Public Works Director. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the Project Contract Change Orders based on the appropriate funds designated for the Project up to a contingency amount of $100,000. BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Project Construction Agreement with Saboo, Inc. BE IT FURTHER RESOLVED that the City Manager or designee is authorized to increase the budget based on the contingency amount of $100,000 and the add alternate items as approved by the City Council during the presentation of this item on April 20, 2021. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 325 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 ______________________________ Mayor ATTEST: _________________________________ City Clerk 326 Dublin Heritage Park Cemetery Improvements PK0215 Bid Date: BASE BID ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension 1 1 LS $936,000.00 $936,000.00 $1,047,400.00 $1,047,400.00 $1,305,056.00 $1,305,056.00 $1,360,650.00 $1,360,650.00 $1,495,000.00 $1,495,000.00 $2,031,000.00 $2,031,000.00 TOTAL $936,000.00 $1,047,400.00 $1,305,056.00 $1,360,650.00 $1,495,000.00 $2,031,000.00 ADD ALTERNATES ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension 1 1 LS $36,000.00 $36,000.00 $1,550.00 $1,550.00 $12,000.00 $12,000.00 $7,000.00 $7,000.00 $15,000.00 $15,000.00 $35,200.00 $35,200.00 2 1 LS $47,000.00 $47,000.00 $19,720.00 $19,720.00 $20,000.00 $20,000.00 $28,000.00 $28,000.00 $55,000.00 $55,000.00 $62,000.00 $62,000.00 3 1 LS $12,000.00 $12,000.00 $28,440.00 $28,440.00 $15,000.00 $15,000.00 $14,000.00 $14,000.00 $16,000.00 $16,000.00 $56,000.00 $56,000.00 List of Sub-Contractors Asphalt Striping Concrete On The Level Concrete R and R Maher Marina Landscape Suarez and Munoz Construction Inc. Suarez and Munoz Construction Inc Suarez and Munoz Construction Inc. Ahlborn Fence and Steel Inc. Mike Brown Electric P and J Tree Service Big Valley Metals Calco Fence Mike Brown Electric European Paving Design P and J Tree Service Kerex Engineering Inc. Kerex Engineering Inc. Kerex Engineering Inc. Goodfellows Pacific Coast General Engineering Jensen Landscape Contractor LLC Jensen Landscape Contractor LLC Jensen Landscape Contractor LLC Ground Control Professional Tree Care Co. Landscaping Marina Landscape Los Loza Inc.Marina Landscape Chrisp Company Concrete Pathway Irrigation Controller Tree Removal Professional Tree Care Co. Mike Brown Electric European Paving Design Ahlborn Fence and Steel Inc. Ahlborn Fence and Steel Inc. DESCRIPTION Base Bid - Base Contract Work Demolition Description Saboo Inc.Guerra Construction Group APPARENT LOW BIDDER CITY OF DUBLIN ENGINEERING DIVISION BID SUMMARY March 25, 2021 2:00 p.m. Project Name: Project No. : PUBLIC WORKS DEPARTMENT Cal West Saboo Inc. Calco Fence Cal West Guerra Construction Group Bay Area Welding Jim Freethy Excavating Cazadoro Construction Inc. Cazadoro Construction Inc. Bay Area Welding Pavers Fencing Steel European Paving Design Saboo Inc.Guerra Construction Group Cazadoro Construction Inc. DESCRIPTION Planting and Irrigation European Paving Design Electrical Mike Brown ElectricBear Electrical Solutions Ranis Electrical 1 327 Attachment 3 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 13. Determination based on the Phase I Environmental Site Assessment for 11759 Dublin Boulevard prepared by Treadwell & Rollo Environmental and Geotechnical Consultants for the benefit of Meyers Nave Riback Silver and Wilson) January 2005 Notes: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including of-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, Less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less than significant with mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earler Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than significant with mitigati01 Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; howeVEr, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance On the following page, the source of determination is listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist. Copies of the documents referenced in this document are available for public review at the City of Dublin Community Development Deparlment, 100 Civic Plaza, Dublin, CA 94568. Initial Study for the Draft Dublin Village Historic Area Specific Plan/General Plan Amendment, Draft Parks and Recreation Master Plan 2006 Update, Dublin Historic Park Draft Master Plan, and Area Rezoning Page 17 of 42 May 25, 2006 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 BACKGROUND INFORMATION INITIAL STUDY PREPARER Kristi Bascom, Senior Planner, City of Dublin Community Development Department AGENCIES AND ORGANIZATIONS CONSULTED The following agencies and organizations were contacted in the course of this Initial Study: City of Dublin, Community Development Department City of Dublin, Parks and Community Services Department City of Dublin, Public Works Department Dublin San Ramon Services District REFERENCES Archeological Assessment Report for the Donlon Way Area Specific Plan (prepared by William Self Associates, Inc.) August 2003. City of Dublin General Plan (1985, updated to 2002). City of Dublin Zoning Ordinance. Draft Dublin Draft Dublin Historic Park Draft Master Plan (prepared by Royston, Hanamoto, Alley, and Abey) May 2006 Draft Draft Dublin Village Historic Area Specific Plan (prepared by the City of Dublin Community Development Department) May 2006 Dublin Historic Resources Identification Project (Final) (prepared by Page and Turnbull, Inc.) January 2004. Dublin Village Design Guidelines (prepared by RBF Consulting/Urban Design Studio) January 2005. National Register of Historic Places Registration Form completed for the Dublin Heritage Center (prepared by Elizabeth Isles and Amanda Wells, City of Dublin) September 2004. Parks and Recreation Master Plan Update (2004) and accompanying Initial Study/Mitigated Negative Declaration Phase I Environmental Site Assessment for 11759 Dublin Boulevard (prepared by Treadwell & Rollo Environmental and Geotechnical Consultants for the benefit of Meyers Nave Riback Silver and Wilson) January 2005 Initial Study for the Draft Dublin Village Historic Area Specific Plan/General Plan Amendment, Page 42 of 42 Draft Parks and Recreation Master Plan 2006 Update, Dublin Historic Park Draft Master Plan, and Area Rezoning May 25, 2006 373 374 375 376 377 RESOLUTION NO. 85 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING THE MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING PROGRAM FOR THE KOLB RANCH BUILDING MOVE, REHABILITATION, AND FACILITY REUSE AT THE DUBLIN HISTORIC PARK AND DUBLIN HISTORIC PARK MASTER PLAN ADDENDUM WHEREAS, on August 1, 2006 the City Council approved the Dublin Historic Park Master Plan. The Historic Park Master Plan identified a six-phase buildout of the future park facility in Dublin's Historic Specific Plan area on the southeast comer of Dublin Boulevard and Donlon Way; and WHEREAS, an Initial Study and Mitigated Negative Declaration was prepared for the project, which was also adopted by the City Council on August 1, 2006; and WHEREAS, with the cooperation of the Kolb/Strom families, the City of Dublin explored the possibility of relocating several of the Kolb Ranch buildings located at 11393 Dublin Canyon Road in Pleasanton to the Historic Park for use as public buildings and Staff prepared an amendment to the Historic Park Master Plan as such; and WHEREAS, Staff examined the environmental impacts of moving, rehabilitating, and reusing the five Kolb Ranch buildings for public purposes at the Dublin Historic Park and the associated amendments needed to the Historic Park Master Plan in an Initial Study dated April 22, 2008; and WHEREAS, on the basis of the Initial Study, the City prepared a draft Mitigated Negative Declaration which was circulated for public review from April 22, 2008 to May 12, 2008 and is attached as Exhibit A to this Resolution. The City received one comment letter from the City of Pleasanton, a responsible agency under CEQA, wherein Pleasanton stated their support of the document's conclusions and noted two construction-related requests; and WHEREAS, a City Council Staff Report, dated June 3, 2008 and incorporated herein by reference, described and analyzed the draft Mitigated Negative Declaration and the Project, including the proposed amendments to the Historic Park Master Plan; and WHEREAS, the City Council reviewed the Staff Report and Draft Mitigated Negative Declaration and Mitigation Monitoring Program (Attached to this Resolution as Exhibit A) at a noticed public hearing on June 3, 2008, at which time all interested parties had the opportunity to be heard; and WHEREAS, as required by CEQA, the City prepared a Mitigation Monitoring Program, which is attached to the Mitigated Negative Declaration; and WHEREAS, the draft Mitigated Negative Declaration reflects the City's independent judgment and analysis on the potential for environmental impacts from the Project; and WHEREAS, the location and custodian of the Mitigated Negative Declaration and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568. Reso No. 85-08, Adopted 6/3/08, Item 6.1 Page 1 of 2 Attachment 4 378 NOW, THEREFORE, BE IT RESOLVED that: A. The foregoing recitals are true and correct and made a part of this resolution. B. The Dublin City Council reviewed and considered the draft Mitigated Negative Declaration prior to making a recommendation on the Project. C. The Mitigated Negative Declaration has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. D. The Mitigated Negative Declaration is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the Project as described in the Mitigated Negative Declaration. E. On the basis of the whole record before the City Council, including the Mitigated Negative Declaration and comments received on it, there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED that based on the above findings, the City Council adopts the attached Mitigated Negative Declaration and Mitigation Monitoring Program for the Kolb Ranch Building Move, Rehabilitation, and Facility Reuse at the Dublin Historic Park and Dublin Historic Park Master Plan Addendum, both of which are incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2008, by the following vote: AYES:Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES:None ABSENT:None ABSTAIN: None z)/~>>~ J Mayor ATTnT: AM) {: f? W Deputy City Clerk Reso No. 85-08, Adopted 6/3/08, Item 6.1 Page 2 of2 379 Initial Study and Mitigated Negative Declaration for the Kolb Ranch Building Move, Rehabilitation, and Facility Reuse at the Dublin Historic Park and Dublin Historic Park Master Plan Addendum Lead Agency City of Dublin 100 Civic Plaza Dublin, CA 94568 Public Review period: April 22, 2008 - May 12, 2008 EXHIBIT A 380 TABLE OF CONTENTS Environmental Checklist Form... ... ... ... ........................................................ .......... ......... ...... .... ....... ..... .......... 1 Background and Project Description ................ ......... ............ ... ..................... ........................................ ........3 Existing Physical Setting, Uses, and Structures ............................................................................................ 5 Exhibit 1: Regional Context ..........................................................................................................................7 Exhibit 2: Project Vicinity.. .......... ........ ...................... ....... ................. ............................... ....... ...................... 8 Exhibit 3: Dublin Village Historic Area ..........................................................................................................9 Exhibit 4: Kolb Ranch Building relocation to the Dublin Historic Park......................................................... 10 Environmental Factors Potentially Affected .................................................................................................11 Determination...............................................,.......................................................................... .................... 11 Evaluation of Environmental Impacts ..........................................................................................................12 Aesthetics.. ...... .. ................ .. .......... ...... .. ........... .. ........... ... .. ... ....................... .. ... ... .. ...... ........... ........... . .. ........ 14 Agricultural Resources.......................................................................................................................... ......... 15 Air Quality.......................................................................................................................... ............................ 15 Biological Resources....................................................................................................................... ..............18 Cultural Resources....................................................................................................................... .................20 Geology and Soils............................................................................................................................ ..............22 Hazards and Hazardous Materials................................................................................................................. 24 Hydrology and Water Quality.................... ........ .......... ........... ......................... ........ ............. ..................... ..... 26 Land Use and Planning......................................................................................................................... ........28 Mineral Resources...................................................................................................................... ...................28 Noise.............................................................................................................................. ................................29 Population and Housing.......................................................................................................................... .......29 Public Services.......................................................................................................................... ....................30 Recreation .............................................................................................................................. ....... .. ...... ........ 30 Transportation and Traffic................................................................... .;............:............................................ 30 Utility and Services Systems...............................,........................................................................................ ..31 Mandatory Findings of Significance ............ .......... ......... ............... ..... ......... ..... ..... ................ ........... ..... .......32 Background Information..................................................................................................................... ..........34 Draft Mitigated Negative Declaration 381 BACKGROUND AND PROJECT DESCRIPTION Background On August 1, 2006 the City Council approved the Dublin Village Historic Area Specific Plan and the Dublin Historic Park Master Plan, which set the policy and land use framework for the development of a former shopping center site in Dublin's historic core into the City's Historic Park. An Initial Study and Mitigated Negative Declaration was prepared for the project, which was adopted by the City Council at the same meeting. The Historic Park Master Plan identified a six-phase buildout of the future park facility, with the eventual construction of an 800 square foot building for classroom space. In Summer 2007, the Dublin City Council decided to explore the possibility of relocating the historic Kolb Family Properties (house, barn and workshop) in Pleasanton tothe Dublin Historic Park to be rehabilitated to serve as the classroom facility, and at its meeting of March 4, 2008, the Dublin City Council directed staff to prepare an amendment to the Master Plan to relocate five of the Kolb Ranch buildings to its Historic Park: two residences, two barns, and a pumphouse. The Kolb Ranch property at 11393 Dublin Canyon Road was the site of an approved Planned Unit Development PUD) rezoning for a combination of single-family residential, open space, and future commercial uses in the City of Pleasanton (PUD-99-03). A proposed senior care facility was to be located where the existing Kolb Ranch buildings now stand, but the details of the facility and the accompanying CEQA environmental analysis were expected to be completed once the PUD application for the senior facility was received. The rezoning approved the allowed use of the site at 11393 Dublin Canyon Road for a senior care facility, and noted that the existing single-family residence (Kolb House) and associated farm buildings were allowed to remain as interim uses until the senior facility was constructed. The buildings were not intended to remain on the property once the senior care facility was developed. As noted previously, the Dublin Historic Park Master Plan was approved by the Dublin City Council in 2006, and the park site was acquired by the City of Dublin in 2007, with the intent of creating a public space in the area of the City's few remaining historic resources. Adjacent to the newly-acquired Historic Park site sits St. Raymond's Church, Murray Schoolhouse, and Pioneer Cemetery, which collectively make up the publicly-owned Dublin Heritage Center. Acquiring the Historic Park site meant that the City could expand the Heritage Center and create a larger educational, cultural, and park space for the community. Project Description In an effort to further the City's efforts as stated above, the City of Dublin is proposing the following actions, which collectively describe the project for the purposes of the California Environmental Quality Act (CEQA): 1. Adoption of Amendments to the Dublin Historic Park Master Plan to note the inclusion of five buildings from the historic Kolb Ranch on the Dublin Historic Park site. The buildings include the Main House, the Old House, the Sunday School Barn, the Hay Barn, and the Pump House. See Exhibit 4 for reference. Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 3 of 34 April 22, 2008 382 2. Removal of any trees necessary on the Pleasanton parcel in order to physically move the buildings off the site and onto the roadway. 3. Removal of electrical or other utilities which currently serve the buildings in order to render the buildings movable. 4. Preparation of the Kolb Ranch buildings to be moved, including deconstruction as needed in order to make the buildings suitable for travel. 5. Physically moving the Kolb Ranch buildings from their location in Pleasanton to the Dublin Historic Park. The move includes the actual physical relocation of the five buildings from one location to the other by the building moving team. 6. Construction of infrastructure and utilities at the Dublin Historic Park site in preparation for the new buildings, including but not limited to site grading and the preparation of building foundations. 7. Reconstruction, rehabilitation, and reuse of the Kolb Ranch buildings for public use as described in the Kolb Ranch Relocation Addendum to the Dublin Historic Park Master Plan. 8. Construction of the Dublin Historic Park Master Plan interim improvements (Park Master Plan Phases 1-3 as modified by the Kolb Ranch Relocation Addendum). Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 4 of 34 April 22, 2008 383 EXISTING PHYSICAL SETTING, USES AND STRUCTURES Since the project as described involves the physical move of five ranch buildings from one jurisdictional location to another, this section of the document will describe the physical setting, uses, and structures of both the property in Pleasanton where the buildings are being removed from as well as the property in Dublin, to where the buildings are being relocated. Project Locations Dublin: The City of Dublin is a community of approximately 43,630 people located in the Amador Valley of central Alameda County. The precise location of Dublin is identified in Exhibit 1. The Dublin Historic Park is located in the Dublin Village Historic Area, which consists of approximately 38 acres of land located northwest of San Ramon Road and Interstate 580. The Historic Area includes commercial, residential, public, and business park/industrial properties near the intersection of Donlon Way and Dublin Boulevard, as shown in Exhibit 3. The Dublin Historic Park, which is currently under development, is comprised of approximately 4.2 acres in the heart of the Historic Area at the southwest corner of Dublin Boulevard and Donlon Way. For the purposes of this document, this is considered the "Project Area". Pleasanton: The City of Pleasanton is a community of approximately 67,700 people located immediately south of Dublin across Interstate 580. The site of the existing Kolb Ranch is 11393 Dublin Canyon Road, which is approximately one-half mile west on Dublin Canyon Road off Foothill Boulevard, in the northwestern-most portion of Pleasanton. The two sites are approximately 1500 feet from one another as the crow flies, or approximately 1.3 miles by road, as shown in Exhibit 2. Physical Settings, Uses, and Structures Dublin: Although today dominated by late twentieth century commercial, retail and residential uses, the immediate area surrounding the Historic Park site also contains several historically significant buildings, structures, sites, objects and landscape features dating from the latter half of the nineteenth century and the early part of the twentieth century. Identified historic resources are concentrated along Donlon Way, centering on the City-owned Dublin Heritage Center site, which includes the Murray Schoolhouse, Dublin Pioneer Cemetery and St. Raymond's Church. Another identified historic resource is Green's Store, a privately owned former general store and tavern located on the southeast corner of Dublin Boulevard and Donlon Way. Previously unidentified potential historic resources are scattered throughout the survey area. These include: "Ponderosa," a circa-1929 bungalow at 6570 Donlon Way; the Bonde House, a circa-1923 bungalow at 11760 Dublin Boulevard; Alamilla Springs and remnants of a walnut grove at 7100 San Ramon Road; historic walnut and pepper trees on the Heritage Park Office Center property at 11887 Dublin Boulevard; as well as potential archaeological sites in the vicinity of Dublin Creek and the Heritage Park Office Center. Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 5 of 34 April 22, 2008 384 In addition to the built environment, the project area also contains a valuable natural resource. Dublin Creek runs through the project area adjacent to the existing Dublin Heritage Center and the vacant property proposed for the cemetery expansion within the Historic Park. Although partially channeled in other sections, this portion of Dublin Creek retains its natural bed as well as some of its riparian woodland corridor. Pleasanton: The general character of the area is a mixture of commercial and residential, primarily along Dublin Canyon Road. Immediately off Foothill Boulevard (to the east of the Kolb Ranch property), is a 3-story hotel and 4-story commercial office complex. To the south and west of the Kolb Ranch property are recently-developed single family homes on estate-sized lots. Immediately to the north is Interstate 580. The Kolb Ranch property is not in context with its surroundings, and has been encroached by newer development. On May 2, 2000, the Pleasanton City Council approved a development plan approval for a 12-lot single family residential development on the south side of Dublin Canyon Road, adjacent to the Preserve development. As part of that PUD, a 5.2 acre site adjacent to Dublin Canyon Road containing the structures remaining from Kolb Ranch was conceptually approved for a future senior care facility. The existing structures were not required to be retained, but were allowed to remain as interim uses. A separate development plan would need to be approved by the City of Pleasanton before the senior care facility could be built. Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 6 of 34 April 22, 2008 385 EXHIBIT 1: REGIONAL CONTEXT YA~~~ f~~ ,-j{~~~~~ Sil.~::bi() J~~~~c Martinez .><c~s~!!~~urg. . dC~ rEiq9,le\..V- .j;--' ..... ..... Jr~;" c~~";'/~~ i,&. /1 {"'''',q,5Qt.!o.:ll"---,I=-_ _i-','nt.'iI T ~C.';2;!~~ 'r;;:l~DOI1Cor:;d..Jf 'l~i, ""~~E11;:"'i ~[-']I " 11 r;'"st,~ S , r;. f 'b' 1'-"';;" .~- ~ (, ' 0,,1, -., ,~'~-" "c~;; ,,\ .<,;: y ,~, 1'1 . !;.' II;i: - 3.>n i .~a 'O~h~~il.r --";"~,~r'--?~;~;\i;;7.... J;'-:''" ~"-;'e,r$;~:rk,*,~T -"'\-r~-L~...L,~ -1: n-rLoa'?la. I~ ..R. Yh' li:}, d. '". ~;;i' F'I,''!..s1~nR! ~. {}~""~. % \~.l~ dill! 1'1 Atchl$on. Topltka 8. S~nCa Fe J~ . '''"=,",-,..,.10 mon ~\. ~:''''''p'.'H''!r'-' f7 ~ ,L-5':"==''' " I ' - EIG'ei:'i:i ~"'.' (",,:"'-,Tp~~4'~!?~;;"'~~ ;~~~'. l~. -"ImI'1M~ BI....d.. 4"':;==-----= x' .II ' -~' M" h_ 'Ii "," .....', v. Ii ~I .... " H........ ";..r, 4~ '~_''''{ff''il'~l'':'~~,'''''~\ "M.:lrsh Clu~,iRd r=i~ljt.Qmla ve..,,a nr __ l~4.~'- i ~~ B'e. r' t:R..~"~.\\~~ f~IY'Je~tl?~:~. '~/!""'i_~b./,,"'~::;~:~~;:. 2}"I'~""'_.. il~-~= \~ C-OJ~~ ".;~~~rD!":';(';' '~~S~I~' ii \\17'-0.. ~.: t2!" P.u/ .Ii'.;!/:-,,'..-!.;,' .=2.?'; ~~-;- ~'.~ if A l i< '" -.iJ- ::'"1"~ ~'j.:t... 7" ,~~-;-;;,>""- if~ C~..~f!Ol) ~;~ 4 .,,) ""l' ,,<:,;" _..S , .....'1'..,.sJ'i\..... ~I i- owt \ "'-1' 1.. ~'...:." . - .~~/ '-'.. _.-: ~"''/':,. r; <...n...::,"'~ f .. "'1i:I .. W" O'~aii~'I'a~:X"d1;.' -<, rf,Q"..g:~.;:.7,;'\~~~;:;} lno t A;.- JFo.~ebi!y ~ - IlJd.:, ',-, ~,.\ .. r\ 'd. ,.;',,'1r,%,-,\ '()' ',>",,_ "';"'~==~4S:>..;~.ta 'il I'i ..JOel' t("'-7<!l;t'l-ll~'~~"';\":" ~ ..r~H ."Y,.,. ""'....-.... I ; r J- -, J'" ...Y'~ J CEJ -SO,;;'':' ..J~.-':;;;~ O':' ~~. . ; u ';;u,?:,,\,': c:', c.\\ S 'R.,....;'F 'Z .-Jr 'J4 '0 "Inii!:Ir:; li::Jc;;;5'=;;,~;;' .' t r,f.~~.,. "''''ci\g...,.,::;\~~~,. aD"~, a,Q.lQJ1!~:;;-',:,;=_~" l"... :c I III'r~]~~~~;'~1[1Il .A.lanaeda:~"'('",, IC;"- h"._~;::::-.~ ... J; 'c.:, ("to 41tarllo \i\- _ JL:.Q;;..:;;jI:'::J'..J1"': 1>11, llUf1P" .... t. " :~~' ( .;! ' c;{2.?1',"t if-.~\ ~;' Cl:: I['=t v.:'f' !!.~~jg~:-lr__1!! ,:::"r:;:l,iinEr=' . 1~q"" Jil--"'.~" V..' .". ::S1 C:iI" rE'~lRM,."... .,:;i!.. ~');'::' l'" )! S' ".~,,~, '" ( I, ijr=11Jj; i ,~ r r1 .... JI'I ~~~ I~~. Y'F J......., ~r. . . It ...,' .'"""'" 'I I l"" <;" .'ln~ 1~~' C>~;;" \,i~~~jltd5~~~DU~;~~" to"~F~b\;Ul~ r . ~~t~"i i"i~'~_'-;'i'.. "':~,,' ,......;:;=-d:i] \:',. ',"-' '!';',:--Jnr 'I. ,es1aR .:;:;.. .::: I 1/ !:,~~~~r~;(~( ~~~i~~..;,~~.._~~~~ J:\_~ ""'2~~~"'.,.,~ ~~l;--'" ",-\.~,.:,~:1di ~~~'-;:;"':","l'i~;.~~~~" J_ J2r: I ~,- ~~7 t' <k..o-,;,-~,.-,:~ .54.",.;.. :--:=,. , f-~r. _ ,7_-,;' --..... ," F~3n "is"" 1'~ ;;~I\;\, 1jO' \\~i\~~JJ' Ul lrif.L.AilDor! .^' IXJdjgni::.9ity Its "iI~",;:;". i~~,':;~t~6~f\.1ateo' 't:'~,,;~~~.',"" (: @'" '. '1'""" ~, ffiremontn-, 9"'_. .' :.}f /~' \ 1.";.. ,""",v . - '.'" Ne~ar..k,', <',}.i;;~ '.~ j;,~.'.,i:, jt" 7S~1],~~arlos \5i<~ r:~~I CD ,/:p:"'!Jill Redv\i:QQd City. 7)~:;:~"l:':jl;., ~~I::~1; b~:Alto . , h : _~,~_::,~~ _ II ~ -'''~~_'':!'''f''o''''l,!.ct<;)'''''' ';''-'''''.,;'" Ivlllpltasl .' "Rd Yi L ,(1,;,) ,'I "~".:- c~..:' ~~ ~'l.-' -:'::--' 00;,." :-;.--~~" ( . ,..., s~e u a ~ E "('.t, "4~~'~' '~\~:~J}~~" .}~ )..~K)1gJ;I~~~~i~'Vie~rJ\~:~~~;?'i' -'~~~:i:;~,~"-:.: c:. c @ 2 ~ 2006 Y a'~;~r~~ c m ) h~',,::~~~~'(:.~'i::~r:~'~l~~':~l~t~~~:~~[al~;'~:(~:?~'~f,~7c:;:,~f;:;~:~'~-'~.~, i.~' l ~ i~:::- l.'.'':' L1': I'~. ~;C~:;;-'~';~ @2006 Nt\VTEQ Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 7 of 34 April 22, 2008 386 In JV EXHIBIT 2: PROJECT VICINITY Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 8 of 34 April 22, 2008 387 388 EXHIBIT 4: KOLB RANCH BUILDING RELOCATION TO THE DUBLIN HISTORIC PARK Hay Barn Shelter ior play area fiNAL MASTERPLAN -.... BUDLDOUT ,~ Sunday School Barn Multi-use classroom space Reception & event area Potential Black Box Theater Optional dressing room addition ,____ I Locust trees " Old House Restroom Picnic tables . F~ im~'""",,~ Hi~oric "locator" :1" ."", Dj,I..,," .nd direction vi criginal rotl<" s.e ~ R! ReId .. Fence" Posts } Swgge'S~ fields but all;I'JP" pZlfi,,-through ~ The front r;;: , S.,;n" fl"yn","d'. Chuyc''', r~____:: field 1: L_1 3';, 1/".+' 1:"',.., Historic fence and gates nmth tC\~ Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 10 of 34 April 22, 2008 389 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "potentially significant impact" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards and Hazardous HydrologylWater Quality Land Use/ Planning Materials Mineral Resources Noise Population/Housing Public Services Recreation Transportation/ Circulation Utilities/Service Systems Mandatory Findings of Sianificance DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuantto applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature:Date: April 22, 2008 Printed Name: Kristi Bascom, Consulting Planner For: City of Dublin Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 11 of 34 April 22, 2008 390 EVALUATION OF ENVIRONMENTAL IMPACTS Scope of the Environmental Assessment This environmental assessment addresses the potential impacts of the proposed Kolb Ranch Building Move, Rehabilitation, and Facility Reuse at the Dublin Historic Park and accompanying Dublin Historic Park Master Plan Addendum (Kolb Ranch Relocation) in accordance with the requirements of the California Environmental Quality Act (CEQA). The scope of review includes only potential impacts resulting from development of the facilities described in the above documents. Any potential site-specific environmental impacts not anticipated during this environmental review will need to be addressed as part of an application submittal consistent with CEQA requirements. Additionally, any development in the project area that is outside the scope of this document may need further analysis if it can be determined that potential environmental impacts exist. The method of environmental analysis includes a review to determine whether the impact related to the City's evaluation criteria would be: potentially significant; less than significant unless mitigation is incorporated; less than significant; or no impact. The analysis includes a summary of the affected environment and a review of the threshold for determining significance. The evaluation of potential impacts applies the threshold, determines significance and, if necessary, includes recommended mitigation measures An Initial Study/Mitigated Negative Declaration (IS/MND) was previously prepared for the original Historic Park Master Plan. Therefore, pursuant to CEQA Guidelines section 15612, this Initial Study considers whether the proposed amendments to the Master Plan will result in new significant or substantially more severe impacts from the impacts analyzed in the 2006 IS/MND. All mitigation measures in the 2006 IS/MND will apply to the actions under the amended Master Plan. Sources used to determine potential environmental impacts: 1. Determination based on Staff review of the project. 2. Determination based on the Dublin Historic Park Master Plan Draft Addendum - Kolb Ranch Relocation including the Technical Memorandum prepared by Kelley & VerPlanck Historical Resources Consulting) 3. Determination based on the Dublin Historic Park Master Plan (2006) 4. Determination based on the Initial Study/Mitigated Negative Declaration prepared for the Dublin Village Historic Area Specific Plan and General Plan Amendment, et ai, dated May 25,2006 (prepared by the City of Dublin Community Development Department). 5. Determination based on the Dublin Village Historic Area Specific Plan (prepared by the City of Dublin Community Development Department) August 2006 6. Determination based on information contained in the April 1 , 2008 City of Pleasanton staff report, Information Concerning the City of Dublin's Request to Relocate Structures Located on the Former Kolb Ranch Property at 11393 Dublin Canyon Road to the Dublin Historic Park", prepared by Jerry Iserson, Community Development Director 7. Determination based on communication with appropriate City of Dublin departments and utility service providers Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 12 of 34 April 22, 2008 391 I r"" i~' Notes: 1) A brief explanation is required for all answers except "No Impact" answErS that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off.site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, Less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less than significant with mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigati01 measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, (J' other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are avalable for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than significant with mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extentto which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmertal effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance On the following page, the source of determination is listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist. Copies of the documents referenced in this document are available for public review at the City of Dublin Community Development Deparlment, 100 Civic Plaza, Dublin, CA 94568. Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 13 of 34 April 22, 2008 392 Aesthetics Would the project: Sources: 1, 4, 7) a) Have a substantial adverse impact on a scenic vista? b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? I I I ,.tJ Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitigation X X X X a-c) Have a significant impact on scenic vista, damage to scenic resource, degrade visual character of the site? Pleasanton site: No impact. The property from where the buildings are being moved is intended to be redeveloped for commercial uses in the future, and a Planned Unit Development rezoning was approved for the site in 1999 by the City of Pleasanton. The five buildings are not listed on the City of Pleasanton's Historic Resources Inventory, nor are they visible from any state scenic highways (Interstate 580 in this location is not listed as a state scenic highway). Dublin site (Project Area): No impact. The project area is not located in an area with any scenic corridor or scenic vista designation, so there will not be any impacts associated with implementation of the proposed project. The project will not degrade the existing visual character or quality of the site, but will instead improve and enhance the area with substantial public improvements, including the expansion of the City's Heritage Center, relocation of historically-significant structures, and related streetscape improvements. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Pleasanton site: No impact. The removal of the five ranch buildings will reduce the amount of light generated by the site. Dublin site (Project Area): Less than siqnificant. The proposed project will involve the installation of new light fixtures in and around the relocated buildings, but it will not be substantially more than was already planned to be located on the Historic Park site. It is standard practice that a photometric study is provided with final construction drawings for any project prior to the issuance of an electrical permit. Adherence to this practice when construction documents are prepared for will ensure that the impact of new site lighting will be less-than-significant. Page 14 of 34 April 22, 2008 Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse 393 Agricultural Resources Would the project: Sources: 1, 4, 7) a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as showing on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non-agricultural use? b) Conflict with existing zoning for agriculture use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of farmland to a (lon-agricultural use? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiqation X X X Pleasanton site: No Impact. The proposed project does not involve impacts to any farmland and/or agriculturally- designated properties. Dublin site (Proiect Area): No Impact. The project area does not contain any properties that are currently used for agriculture or farming, nor does the project area contain any properties with Williamson Act contracts or any farmland that would be converted to a non-agricultural use. There are five properties in the project area that have an Agricultural zoning designation (Assessor Parcel Numbers 941-1560-001-01,941-1560-001-02,941-1560-003- 03, 941-1560-005, and 941-1560-006. The park and building reuse proposed on the parcels (which fall into the community facility and cemetery use categories for purposes of zoning classification) are permitted in an Agricultural zoning district, so the proposed project does not conflict with the zoning and has no detrimental impact to agricultural resources. Air Quality Where available, the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the project: Sources: 1, 4, 7) a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitigation X X Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 15 of 34 April 22, 2008 394 c) Result in a cumulatively consjjerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? x x x a-b) Would the project conflict or obstruct implementation of an air quality plan or violate any air quality standards? Pleasanton site: Less than siqnificant with mitiqation. The demolition of building materials always carries with it a certain risk that particulate matter could be problematic from an air quality perspective. In the process of securing permits to move the buildings, the building movers will be required to sample and test suspected asbestos containing materials to see what protocol need be followed related to Regulated Asbestos Containing Material RACM). Since the main house and other buildings were built in the early part of the 20th century, it is likely that they contain some RACM and will need to be treated as such. Adherence to the following mitigation measure will ensure that the impacts of the building deconstruction and building move are less than significant: Mitigation Measure 1: In accordance with Bav Area Air Qualitv Manaaement District (BAAQMD) reaulations, the proiect proponent will be required to obtain a District iob number (J#) prior to structural demolition. Dublin site (Proiect Area): Less than siqnificant with mitiqation. The proposed project would not conflict with the local Clean Air Plan adopted by the Bay Area Air Quality Management District. Air quality impacts result from two main sources: temporary impacts due to project construction and long-term impacts due to project operation. Generally, air quality impacts from project operation are based on vehicular emission from traffic. The current Dublin Historic Park Master Plan proposes an 800 square foot pavilion/classroom building. With the relocation of the five Kolb Ranch buildings, one of which will now be used for the classroom building and eliminating the need for the construction of the original building, the total square footage being added to the Historic Park site is 4,305 square feet - an increase of 3,505 square feet over the original proposal. In general, parks and recreational facilities are typically not large traffic generators, they are not typically peak-hour trip generators, and vehicle trips are spread throughout the day on weekdays as well as weekends. The Institute of Traffic Engineering trip generation manual has a very limited sample of traffic studies for public City park facilities, and there is no recent data that has been collected, which makes it difficult to quantify the precise traffic impacts of park facilities. However, the few studies that have been conducted show that the peak trip generation time periods for park facilities are weekday mid-day and on the weekends, but the study data varies greatly depending on the size of the park and the combination of amenities. Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 16 of 34 April 22, 2008 395 Even with the additional ranch buildings being added to the site (a total increase of 3,505 square feet), the actual intensity of use of the park site is not expected to substantially increase, and therefore the air quality impacts are not expected to be significant in comparison with the original Historic Park Master Plan proposal and the Initial Study/Mitigated Negative Declaration which was prepared and adopted by the City. In terms of construction-related impacts, it is anticipated that the project would generate temporary increases in dust and particulate matter caused by minor site excavation and grading activities as buildings and facilities in the area are constructed. Construction vehicle equipment on unpaved surfaces generates dust as would wind blowing over exposed earth surfaces. However, City regulations require that a project-specific Stormwater Pollution Prevention Program (SWPPP) be developed when the construction drawings for the Historic Park are prepared, which will also address air quality issues. The SWPPP will contain measures relating to the containment of fugitive dust during grading and construction activities, mandating that construction equipment be kept in proper running order, mandating that the developer is responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer, and mandating the avoidance of construction waste burning to reduce short-term air quality impacts to a less-than-significant level. Through the required SWPPP, the project shall implement dust control measures to reduce project dust deposition to acceptable levels. Dust control shall conform to the requirements of the SWPPP, which for the proposed Dublin Historic Park Master Plan, will be developed by the Parks and Community Services Development Staff in cooperation with the City's Public Works Staff. Adherence to the following mitigation measure area will ensure that the impacts of construction related to the relocation of the Kolb buildings are less than significant: Mitiaation Measure 2:. In accordance with City requlations. a proiect-specific Storm Water Pollution Prevention ProGram (SWPPP) shall be prepared in compliance with the City's NPDES permit. The SWPPP shall have the followinG minimum requirements: 1. Active construction areas will be watered daily and more frequently if necessary. 2. All trucks haulinG soil. sand or other loose materials shall be covered. 3. Water shall be applied daily. or apply non-toxic soil stabilizers on all unpaved access roads, parkinq areas. and exposed stockpiles at construction sites. 4. All access roads and parkinq areas at construction sites shall be swept daily with water sweepers. c) Would the project result in cumulatively considerable air pollutants? Pleasanton site: No impact. The Kolb Ranch buildings are being moved from this location to another, so there will be no impacts resulting in considerable air pollutants. Dublin site (Project Area) Less than siqnificant impact. The BAAQMD has established thresholds for determining whether a given project has the potential for significant air quality impacts. If a project exceeds the thresholds, detailed air quality analyses are usually required. If the project does not exceed the thresholds, it is typically assumed to have a less than significant impact on air quality. BAAQMD does not usually recommend a detailed air quality analysis for projects generating less than 2,000 vehicle trips per day. It is difficult to quantify the number of daily vehicle trips for a typical public park facility, but based on the fact that the project is the addition of 3,505 Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 17 of 34 April 22, 2008 396 square feet of building area to an already-existing public park, the increase in estimated vehicle trips to the Historic Park attributable to the relocation of the Kolb Ranch buildings is expected to be minimal. Implementing the proposed project will not generate significant additional amounts of traffic, as described above. Vehicular emissions are estimated to be less than significant. Overall, the air quality impacts associated with the proposed project would be below the standard of air quality significance as established by the Bay Area Air Quality Management District. d, e) Expose sensitive receptors to significant pollutant concentrations or create objectionable odors? Pleasanton site: No impact. The Kolb Ranch buildings are being moved from this location to another, so there will be no impacts to sensitive receptors or the creation of objectionable odors. Dublin site (Project Area): Less than siqnificant impact. The Bay Area Air Quality Management District defines sensitive receptors as facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child-care centers, hospitals and medical clinics. This project would involve construction and development of new park facilities where people would gather for recreation, although the relocation of the Kolb Ranch buildings do not involve the construction of any playground areas.. The relocated Kolb Ranch buildings will not be placed in the vicinity of any significant generators of pollutants such as a factory or agricultural operation, but the buildings will be located in the Historic Park, which is adjacent to Interstate 580. 1-580 carries a significant amount of traffic and produces pollution and odors from vehicle emissions. However, the relocated ranch buildings are currently located in close proximity to 1-580, so the new building location will not be measurably different form that perspective. The Historic Park property wOl,Jld be a public park with public facilities regardless of whether the Kolb Ranch Buildings were relocated to the site or not, so any impacts to sensitive receptors would not be significantly different with the buildings or without. Therefore, the relocation of the Kolb Ranch Buildings will not increase the exposure of sensitive receptors to significant pollutant concentrations or create objectionable odors at the Dublin Historic Park, and the impacts are expected to be less than significant. Biological Resources Would the 'project: Sources: 1, 2, 3, 4, 7) a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitigation X Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 18 of 34 April 22, 2008 397 L b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as tree protection ordinances? Conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state habitat conservation plan? x X X X X a-b) Have a substantial adverse effect, either directly through habitat modifications, on any riparian habitat or species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? Pleasanton site: No impact. There is limited information available on the existing Kolb property, but it is known that the site from which the buildings are being moved has been used for the past decades as an active homestead and farm, and therefore the potential for impacts to flora or fauna are very limited. Dublin site (Project Area): No impact. The original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan, adopted by the Dublin City Council on August 1,2006, included all necessary mitigation measures to account for any possible disturbance to candidate, sensitive, or special status species. Because the areas proposed for locating the Kolb Ranch buildings at the Historic Park site were areas that we already intended for disturbance, the previous CEQA document adequately covered these issues. c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? Pleasanton site: No impact. There are no federally protected wetlands on the site. Dublin site (Project Area): No impact. There are minimal alterations proposed to Dublin Creek in the project area, but those alterations are to take place with or without the Kolb Ranch building relocation and the impacts were already addressed in the original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan (as referenced above). Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 19 of 34 April 22, 2008 398 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Pleasanton site: No impact. There are no known native resident or migratory fish or wildlife species on the site. Dublin site (Proiect Area): No impact. Because the creek and its associated flora is proposed to be left in its natural state, with the exception of the construction of the footbridge footings, no migration corridors should be interrupted. This disturbance in the vicinity of Dublin Creek is to take place with or without the Kolb Ranch building relocation and the impacts were already addressed in the original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan (as referenced above). e-f) Conflict with any local policies or ordinances protecting biological resources, such as tree protection ordinances or conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state habitat conservation plan? Pleasanton site: Less than siqnificant with mitiqation. The City of Pleasanton's Tree Preservation Ordinance Chapter 17.16 of the City's Municipal Code) requires a permit to remove any tree considered a "heritage tree". It is unknown at this time the route that will need to be taken in order to remove the buildings from the property in Pleasanton, but it is possible that some trees may need to be removed. Once the building move path is determined, a tree survey will need to be prepared and an arborist's report (if necessary) completed in compliance with the City of Pleasanton Tree Preservation Ordinance. Adherence to the following mitigation measure will ensure that the projects will be less than significant. Mitiaation Measure 3: The proiect shall comply with Chapter 17. 16 of the Pleasanton Municipal Code, Tree Preservation". There are no adopted conservation plans in the project area with which the proposed project would be in conflict. Dublin site (Project Area): No impact. The original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan, adopted by the Dublin City Council on August 1, 2006, included all necessary mitigation measures to require adherence to the City of Dublin's Heritage Tree Ordinance. There are no adopted conservation plans in the project area with which the proposed project would be in conflict. Cultural Resources Would the project: Sources: 1, 2, 3, 4, 5, 6, 7) Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitigation Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 20 of 34 April 22, 2008 399 Cultural Resources Would the project: Sources: 1, 2, 3, 4, 5, 6, 7) a) Cause a substantial adverse impact in the significance of a historical resource as defined in CEQA Guidelines Sec. 15064.5? b) Cause a substantial adverse change in the significance of an archeological resource pursuant to Sec. 15064.5? c) Directly or indirectly destroy a unique paleontological resource or unique geologic feature? d) Disturb any human remains, including those interred outside of a formal cemetery? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitigation X X X X a) Cause substantial adverse change to a significant historic resource? Less than siqnificant. The Kolb family has historic roots in both the cities of Pleasanton and Dublin dating back to the 1880's. Phillip Kolb was a major business and community leader in Pleasanton at that time, and around 1904, Phillip's brother, George Kolb, established the family farm on 350 acres on Dublin Canyon Road. The property included land which overlapped what is now the two cities of Dublin and Pleasanton, before construction of Highway 50, which later became Interstate 580. Although none of the Kolb Ranch buildings are identified Federal, State, or Local historical resources, it could be argued that the buildings are eligible for listing on a Historic Resource Inventory. In conducting the due diligence in preparation for this project proposal, the City of Dublin commissioned a study by architectural historians Kelley and VerPlank Historical Resources Consulting, who noted in a Technical Memorandum dated October 27,2007 that they believe the Kolb Ranch buildings are (local) historic resources and that the Kolb Ranch "buildings and settings tell us much about the history of Dublin." None of the Kolb Ranch buildings are on Pleasanton's list of local historic structures and the buildings were not required by Pleasanton's PUD development plan approval in 2000 to be retained when the Kolb Ranch property develops into a senior care facility as is planned. However, the structures are significant enough to the City of Dublin to warrant moving the buildings to the Dublin Historic Park site. Therefore, according to CEQA Guidelines Section 15064.5, a project with an effect that might have a substantial adverse change in the significance of a historical resource is a project that may have a significant effect on the environment. However, Section 15064.5 also notes that a project that follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), shall be considered as mitigated to a level of less than a significant impact on the historic resource. It is the intent of the Project proponents that to the extent possible, the relocation and restoration of the Kolb Ranch buildings shall be done according to the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995)" in order to preserve the most historically relevant characteristics of the buildings. It was the opinion of the historic architect reviewing the proposal to relocate the buildings, Frederic Knapp, that the rehabilitation of the buildings as proposed will conform to the Secretary of the Interior's Standards. Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 21 of 34 April 22, 2008 400 An addition to the adherence to the Secretary's Standards, it was also noted in the Kelley and VerPlank Technical Memorandum that "there is a significant interpretative benefit to relocating at least three of the Kolb Ranch structures because they will create an 'ensemble' that reproduces the historic relationships among buildings that characterized the home ranch of rural California." Dublin's Historic Park is comprised of land contiguous to the original Kolb Ranch. The Kolb Ranch buildings are proposed to be restored in this historic setting among other buildings with historically compatible uses. The relocation of the Kolb buildings in this setting will ensure that the impacts to both the Kolb structures as well as the historic resources already present in the Dublin Historic Park will not be substantially impacted. Additionally, it is noted in the Kolb Ranch Addendum to the Historic Park Master Plan that the spatial relationships of the Kolb Ranch buildings shall be replicated in their new location as far as is practicable and that landscape features with historically appropriate plant materials shall be used to recreate the spaces between the ranch structures. The relocation and rehabilitation of the Kolb Ranch buildings conform to the Design Guidelines contained within the Dublin Village Historic Area Specific Plan, which were based on the Secretary of the Interior's Standards for the Treatment of Historic Buildings. Additionally, the proposed project is in compliance with Chapter 8.62 of the Dublin Zoning Ordinance (Historic Overlay Zoning District), ensuring that impacts to significant historic resources in the project area are less than significant. In conclusion, it is the combination of proposed adherence to the Secretary of the Interior's Standards for the treatment of the Kolb Ranch buildings, the fact that the buildings will be relocated to property that was contiguous to the original Kolb Ranch, and the fact that the Kolb Ranch buildings are proposed to be restored in a historic setting among other buildings with historically compatible uses allows the conclusion that the impacts to all of the involved historic resources will be less than significant. b-d) Cause substantial adverse change to significant archeological or paleontological resource or a unique geologic feature or disturb any human remains (either inside or outside a formal cemetery)? No impact. There are no new impacts with the proposed project that were not already addressed, and mitigated if necessary, in the original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan as adopted by the Dublin City Council on August 1, 2006. a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Fault Zoning Map issued by the State Geologist or based on other known evidence of a known fault? ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiqation X X X Geology and Soils Would the project: Sources: 1, 2, 4, 7) Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 22 of 34 April 22, 2008 401 iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- and off-site landslide, lateral spreading, subsidence, liquefaction or similar hazards? d) Be located on expansive soil, as defined in Table 13-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste? x X X X X a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Fault Zoning Map issued by the State Geologist or based on other known evidence of a known fault? Expose people to strong seismic ground shaking, seismic-related ground failure including liquefaction), or landslides? Pleasanton site: No impact. Buildings are being removed from this location. Dublin site (Proiect Area): Less than siqnificant impact. Active earthquake faults within the region that influence earthquake susceptibility include the San Andreas, Hayward, Calaveras and Greenville Faults. The Calaveras Fault runs through Dublin generally along San Ramon Road, close to the Project Area. Signed into law in 1972, the Alquist-Priolo Earthquake Fault Zoning Act was signed into law with the intent to mitigate the hazard of surface faulting to structures for human occupancy. The Act requires that all residential construction within a fault zone has a comprehensive geologic investigation completed prior to building that shows that the fault does not pose a hazard to the proposed structure. Under moderate to severe seismic events, which are probable in the Bay Area, structures and facilities in the project area would be subject to damage caused by ground shaking. The General Plan contains policies in both the Conservation Element and the Seismic Safety and Safety Element that will reduce the potential impact of ground failure and rupture. Adherence to these policies is required for any development in the City. Adherence to all requirements of the Uniform Building Code (UBC), and the Alquist-Priolo Earthquake Fault Zoning Act requirement that all construction plans in a fault zone incorporate the recommendations of a geotechnical investigation, will ensure that the project impacts are less than significant. It is a City standard that a registered Professional Engineer design the grading and foundation plans for any new construction. A Registered Geotechnical Engineer is is required to stamp and sign the grading and foundation plans certifying that they conform to the recommendations contained in the final geotechnical investigation, and this is verified when grading plans are reviewed and approved by the Building Division and the Public Works Department. Additionally, all structures proposed to be built within the Alquist-Priolo Fault Zone will be subject to additional near-fault structural requirements and the plans will be reviewed by the Building Division through the plan check process. Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 23 of 34 April 22, 2008 402 b-d) Result in substantial soil erosion or the loss of topsoil, be located on a geologic unit or soil that is unstable, or be located on expansive soil? Pleasanton site: No impact. Dublin site: Less than siqnificant with mitiqation. The project area is underlain by stiff to very stiff clay soil to a depth of approximately 20 feet below ground surface. At depths greater than 20 feet, soil varies from medium dense to dense clayey and silty sands. Properties in the project area have been previously disturbed, graded, and paved in many instances to accommodate buildings, parking areas, roads, and other public and private improvements. For any construction project that is proposed in the project area, the Applicant will be required to obtain a grading permit from the City, and approval of the permit will be based on compliance with standard City development procedures. According to the United States Geologic Survey and the California State Department of Emergency Services, properties in the project area are all classified as having moderate susceptibility for ground liquefaction, as well as other seismic hazards. The following mitigation measure will serve to reduce the impacts of the project to less than significant: Mitiaation Measure No.4: A site-specific soils report/qeotechincal investiqation shall be required prior to site development and shall be conducted bv a California-reqistered qeoloqist or a California-reqistered enqineerinq qeoloqist. The report shall address the potential for expansive soils and qround liquefaction. Specific measures to reduce seismic hazards, expansive soils. and liquefaction hazards to a less than siqnificant level shall be included in the report and those measures shall be implemented as part of the site development. e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste? Pleasanton site: No impact. No new development at this site is part of this project proposal. Dublin site (Project Area) No impact. The project area is served by an existing sewer system. Hazards and Hazardous Materials Would the project: Sources: 1, 2, 4, 7) a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous into the environment? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitigation X X Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 24 of 34 April 22, 2008 403 c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Sec. 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such plan has not been adopted, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? x X X X X X a-c) Create a significant hazard through transport of hazardous materials or release or emission of hazardous materials? Pleasanton site: Less than siqnificant with mitiqation. When the building moves occur, they shall be done in accordance with the appropriate City of Pleasanton demolition and/or building permit, which requires compliance with the Bay Area Air Quality Management District (BAAQMD) regulations. Because the buildings were constructed in the early part of the 20th century, there is a possibility that either lead paint or asbestos is present in the building, both of which are considered hazardous materials. Adherence to the following mitigation measure will ensure that the presence of and removal of those materials in that building, as well as any other building proposed to be demolished in the project area, has a less than significant impact on the environment. Mitiaation Measure No.5: Prior to demolition of any of the Kolb Ranch buildinQs, the buildinq shall be sampled to determine if the buildinQ contains lead paint and/or asbestos. If either of the materials are determined to be present and are to be removed, they shall be handled and disposed of as a hazardous material and in compliance with all applicable local, state, and federal reQulations. The project site is not within one quarter mile of an existing school. Dublin site (Proiect Area): Less than siQnificant with mitiQation. The same issues that apply above with the safe handling of hazardous materials shall apply when the buildings are being reconstructed as well. Mitiaation Measure No.6: If any of the Kolb Ranch buildinqs are determined to contain lead paint and/or asbestos that is disturbed and to be removed. they shall be handled and disposed of as a Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 25 of 34 April 22, 2008 404 hazardous material and in compliance with all applicable local, state, and federal reQulations prior to their rehabilitation and reuse at the Dublin Historic Park site. The project site is not within one quarter mile of an existing school. d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Sec. 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Pleasanton site: No impact. No new development or activity is proposed on this site. Dublin site (Project Area): Less than siQnificant impact. A Phase I Environmental Site Assessment was conducted for the Dublin Square Shopping Center site at 11759 Dublin Boulevard in January 2005, which is one of the properties within the project area. The study found that there are several facilities within the City that appear on regulatory agency lists, but that no facilities appear to be affecting the environmental conditions in the project area itself. Properties in the project area were used in the past for agricultural purposes, so there is a possibility that pesticide/herbicide contamination may be present near the surface, but it is not expected to be present in high levels due to the amount of time that has passed since agricultural operations were underway. Therefore, the potential of the site to create a significant hazard to the public or the environment is less than significant. e,f) Is the site located within an airport land use plan of a public airport or private airstrip? No impact. Neither site is located within an airport land use plan or within the immediate vicinity of a public airport; therefore no impacts are anticipated regarding airport noise or crash hazards zones. g,h) Interference with an emergency evacuation plan, expose people and structures to a significant risk involving wildland fires, and are nearby residences intermixed with wildlands? No impact. Neither site is located in an area that is at risk involving wildland fires. Hydrology and Water Quality Would the project: Sources: 1, 2, 4, 7) a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aqUifer volume or a lowering of the local groundwater table level (e.g. the production rate of existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiqation X X Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Bui/ding Relocation and Reuse Page 26 of 34 April 22, 2008 405 Hydrology and Water Quality Would the project: Sources: 1, 2, 4, 7) c) Substantially alter the existing drainage pattern of the site or area, including through the aeration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or off-site? d) Substantially alter the existing drainage pattern of the site or areas, including through the alteration of a course or stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? g) Place housing within a 1 OO-year flood hazard area as mapped on a Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within a 100-year flood hazard area structures which impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury, and death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiaation X X X X X X X X a-f) Violate any water quality standards or waste discharge requirements, deplete groundwater resources, alter drainage patterns, effect surface or subsurface water quality, result in placing housing in a flood plain? Pleasanton site: No impact. No new development or activity is proposed on this site. Dublin site (Project Area): No impact. The original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan, adopted by the Dublin City Council on August 1,2006, included all necessary mitigation measures to account for impacts to hydrology and water quality. g-j) Place housing within a 1 DO-year flood hazard area as mapped on a Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Place within a 100-year flood hazard area structures which impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury, and death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami or mudflow? Pleasanton site: No impact. No new development or activity is proposed on this site. Page 27 of 34 April 22, 2008 Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse 406 Dublin site (Project Area: Less than significant impact. The relocated Kolb Ranch buildings will be located in a X500 flood zone area, which is defined as an area with a 0.2% annual chance flooding. Because the Kolb Ranch buildings will be used intermittently and not for residential purposes, the flood impacts to people or structures will be less than significant. Land Use and Planning Would the project: Sources: 1, 2, 4, 7) a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiaation X X X a-c) Physically divide an established community, conflict with any applicable land use plan, policy or regulation, or conflict with a habitat conservation plan or natural community conservation plan? No impact. The original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan, adopted by the Dublin City Council on August 1, 2006, included all necessary mitigation measures to account for impacts to land use and planning. Mineral Resources Would the project Sources: 1, 4, 7) a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general Plan, specific plan or other land use plan? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiaation X X No impact. Neither of the properties are within the project area designated by the California State Department of Conservation, Division of Mines and Geology, as having deposits of minerals. Additionally, no mineral resources are shown on the State of California's maps of such resources, and therefore no impacts are expected as a result of project implementation. Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 28 of 34 April 22, 2008 407 Noise Would the project result in: Source: 1, 4, 7) a) Exposure of persons to or generation of noise levels in excess of standards established in the general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above existing levels without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working n the project area to excessive noise levels? D For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiaation X X X X X X a-f) Would the project expose persons to or generate noise levels in excess of standards established by the General Plan or other applicable standard, expose people to groundborne vibration, result in permanent increases in ambient noise levels? No impact. There are no new impacts with the proposed project that were not already addressed, and mitigated if necessary, in the original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan as adopted by the Dublin City Council on August 1, 2006. Population and Housing Would the project: Sources: 1, 4, 7) a) Induce substantial population growth in an area, either directly or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the replacement of housing elsewhere? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitigation X X X Page 29 of 34 April 22, 2008 Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse 408 f i No impact. There are no new impacts with the proposed project that were not already addressed, and mitigated if necessary, in the original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan as adopted by the Dublin City Council on August 1, 2006. Public Services Sources: 1, 4, 7) a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitigation X X X X X No Impact. There are no new impacts with the proposed project that were not already addressed, and mitigated if necessary, in the original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan as adopted by the Dublin City Council on August 1, 2006. Recreation Sources: 1, 4, 7) a) Would the project increase the use of existing neighborhood or regional facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiaation x X No impact. There are no new impacts with the proposed project that were not already addressed, and mitigated if necessary, in the original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan as adopted by the Dublin City Council on August 1, 2006. Transportation and Traffic Would the project: Sources: 1, 2, 3, 4, 7) Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiaation Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 30 of 34 April 22, 2008 409 Transportation and Traffic Would the project: Sources: 1, 2, 3, 4, 7) a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (Le. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses, such as farm equipment? e) Result in inadequate emergency access? o Result in inadequate parking capacity? g) Conflict with adopted policies, plans or programs supporting alternative transportation (such as bus turnouts and oicycle facilities)? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiaation X X X X X X X No impacts. No impacts are anticipated with regard to traffic or parking for the proposed project. Existing and proposed roadway improvements have been designed and sized to provide adequate transportation facilities and transit modes with sufficient capacity for the existing and proposed uses. Recreational facilities - even those with classroom and small outdoor stage facilities - are typically not large traffic generators. They are typically not peak-hour trip generators, and are primarily local-serving. Vehicle trips are spread throughout the day, and in fact the concentration of trips tends to be during non-peak hour times such as afternoons, evenings, and weekends, which minimizes potential impacts to the city circulation systems As noted above, there is limited data on the traffic generation rates of public City park facilities, so the actual number of trips is difficult to quantify. However, due to the minimal amount of building square footage being added to the park site, it can reasonable be concluded that there are no new impacts with the proposed project that were not already addressed, and mitigated if necessary, in the original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan as adopted by the Dublin City Council on August 1, 2006. Utilities and Service Systems Would the project Sources: 1, 2, 4, 7 ) a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiaation X Page 31 of 34 April 22, 2008 Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse 410 Utilities and Service Systems Would the project Sources: 1, 2, 4, 7) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing water'entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state and local statutes and regulations related to solid waste? Potentially Less than Less than No Impact Significant significant Significant Impact with Impact mitiaation X X X X X X No impact. There are no new impacts with the proposed project that were not already addressed, and mitigated if necessary, in the original Initial Study/Mitigated Negative Declaration for the Dublin Historic Park Master Plan as adopted by the Dublin City Council on August 1, 2006. Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the ~ffects of other current projects and the effects of probable future projects), Potentialfy Less than Less than No Impact Significant significant Significant Impact with Impact mitiaation X X Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 32 of 34 April 22, 2008 411 cj Does the project have environmental effects that will cause Isubstantialadverseeffectsonhumanbeings, either directly or indirectly? x a) Does the project have the potential to degrade the quality of the environment substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less than siQnificant with mitiQation. The preceding analysis indicates that the proposed project will not have a significant adverse impact on the environment with the incorporation of all mitigation measures as proposed. The implementation of all stated mitigation measures will ensure that any potential impacts are reduced to a less than significant level. b) Does the project have impacts that are individually limited, but cumulatively considerable? Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). No. Although incremental increases in certain areas can be expected as a result of the implementation of the proposed project, the implementation of all stated mitigation measures will ensure that any potential impacts are mitigated to a less than significant level. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? No such impacts have been discovered in the course of preparing this Initial Study. Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 33 of 34 April 22, 2008 412 BACKGROUND INFORMATION INITIAL STUDY PREPARER Kristi Bascom, Consulting Planner, City of Dublin Community Development Department AGENCIES AND ORGANIZATIONS CONSULTED The following agencies and organizations were contacted in the course of this Initial Study: City of Dublin, Community Development Department - Planning and Building Divisions City of Dublin, Parks and Community Services Department City of Pleasanton, Community Development Department - Planning and Building Divisions REFERENCES 1. Dublin Historic Park Master Plan Draft Addendum - Kolb Ranch Relocation (including the Technical Memorandum prepared by Kelley & VerPlanck Historical Resources Consulting) 2. Dublin Historic Park Master Plan (2006) 3. Initial Study/Mitigated Negative Declaration prepared for the Dublin Village Historic Area Specific Plan and General Plan Amendment, et ai, dated May 25, 2006 (prepared by the City of Dublin Community Development Department). 4. Dublin Village Historic Area Specific Plan (prepared by the City of Dublin Community Development Department) August 2006 5. April 1, 2008 City of Pleasanton staff report, "Information Concerning the City of Dublin's Request to Relocate Structures Located on the Former Kolb Ranch Property at 11393 Dublin Canyon Road to the Dublin Historic Park", prepared by Jerry Iserson, Community Development Director Initial Study for the Dublin Historic Park Master Plan Addendum and Kolb Building Relocation and Reuse Page 34 of 34 April 22, 2008 413 CITY OF DUBLIN 100 Civic Plaza, Dublin, California 94568 Website: http://www.cLdublin.ca.us MITIGATED NEGATIVE DECLARATION Project Title: Kolb Ranch Building Move, Rehabilitation, and Facility Reuse at the Dublin Historic Park and accompanying Dublin Historic Park Master Plan Addendum (Kolb Ranch Relocation) Project Description: The City of Dublin is proposing to adopt an Addendum to the Dublin Historic Park Master Plan to note the relocation of five buildings from the historic Kolb Ranch in Pleasanton to the Dublin Historic Park site. The buildings include the Main House, the Old House, the Sunday School Barn, the Hay Barn, and the Pump House. This Initial Study examines the potential environmental impacts of this action and the associated implementation actions, collectively referred to as the proposed project. Project Location: Five buildings will be moved from the Kolb property at 11393 Dublin Canyon Road approximately 1500 feet to the northeast to the location of the future Dublin Historic Park at the southwest corner of Donlon Way and Dublin Boulevard. Specifically, Assessor Parcel Numbers 941-2819-005 in Pleasanton and 941-1560-007-01,941-1560-001-01,941-1560- 001-02, 941-1560-005, 941-1560-006, and 941-1560-003-03 in Dublin. Applicant: City of Dublin, 100 Civic Plaza, Dublin, CA 94568 Determination: I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Kristi Bascom, Consulting Planner Date A copy of the Initial Study documenting the reasons to support the above finding is available at the City of Dublin, 100 Civic Plaza, Dublin, CA 94568, or by calling (925) 833-6610. Date NOI Mailed: Date Posted: Date Published: Comment Period: Considered by: On: N.O.D. filed: City Council Resolution No. April 18, 2008 April 22, 2008 April 22, 2008 April 22, 2008 - May 12, 2008 Dublin City Council June 3, 2008 June 4, 2008 xx-08 414 Mitigation Monitoring Program Checklist Kolb Ranch Building Move, Rehabilitation, and Facility Reuse at the Dublin Historic Park and Dublin Historic Park Master Plan Addendum Mitigation Measure One time or Responsible for Responsible for Form of Initial/Date Ongoing Implementation Verification verification Mitigation Measure 1: In accordance with Bay Area Air Quality One time for PCS Building Job number Management District (BAAQMD) regulations, the project proponent will each building issued by be required to obtain a District job number (J#) prior to structural proposed to be BAAQMD prior demolition. demolished to City demolition permit issuance Mitigation Measure 2: In accordance with City regulations, a project- Through the end PW PW, Building SWPPP on file specific Storm Water Pollution Prevention Program (SWPPP) shall be of construction. prepared in compliance with the City's NPDES permit. The SWPPP shall have the following minimum requirements: 1. Active construction areas will be watered daily and more frequently if necessary. 2. All trucks hauling soil, sand or other loose materials shall be covered. 3. Water shall be applied daily, or apply non-toxic soil stabilizers on all unpaved access roads, parking areas, and exposed stockpiles at construction sites. 4. All access roads and parking areas at construction sites shall be swept daily with water sweepers. Mitigation Measure 3: The project shall comply with Chapter 17.16 of Ongoing through PCS PCS Agency the Pleasanton Municipal Code, "Tree Preservation" agency approvals approval. Mitigation Measure 4: A site-specific soils report/geotechincal One time at time PCS and PCS Agency investigation shall be required prior to site development and shall be of building Building approvals conducted by a California-registered geologist or a California-registered permit issuance engineering geologist. The report shall address the potential for } expansive soils and ground liquefaction. Specific measures to reduce seismic hazards, expansive soils, and liquefaction hazards to a less than significant level shall be included in the report and those measures \, .-,::.:) shall be implemented as part of the site development. Mitigation Measure 5: Prior to demolition of any of the Kolb Ranch One time for PCS PCS Agency \~: buildings, the building shall be sampled to determine if the building each building approvals 415 Mitigation Measure One time or Responsible for Responsible for Form of Initial/Date Ongoing Implementation Verification verification contains lead paint and/or asbestos. If either of the materials are proposed to be determined to be present and are to be removed, they shall be handled demolished and disposed of as a hazardous material and in compliance with all applicable local, state, and federal regulations. Mitigation Measure 6: If any of the Kolb Ranch buildings are One time for PCS Building Agency determined to contain lead paint and/or asbestos that is disturbed and each building approvals to be removed, they shall be handled and disposed of as a hazardous proposed to be material and in compliance with all applicable local, state, and federal demolished regulations prior to their rehabilitation and reuse at the Dublin Historic Park site 416 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.12 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) (PLPA-2017-00018) Prepared by: Michael P. Cass, Principal Planner EXECUTIVE SUMMARY: The United States Supreme Court determined that content-based sign regulations violate the First Amendment and are unconstitutional. Staff is proposing amendments to the City’s Sign Regulations to comply with the Supreme Court ruling, including modifications to replace content- based regulations and other non-substantive amendments to provide greater clarity, and companion amendments to ensure internal consistency within the Zoning Ordinance. The first reading of the Ordinance was held at the April 6, 2021 Regular City Council Meeting. The City Council is now being asked to waive the second reading and adopt the City-initiated Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review). STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance amending Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. FINANCIAL IMPACT: None. DESCRIPTION: Background In Reed v. Town of Gilbert, the United States Supreme Court considered whether local regulations governing the content of signs in Gilbert, Arizona, violated the First Amendment. The Court found that the sign regulations were content-based restrictions on free speech and were unconstitutional. Content-based restrictions are when different types of speech, such as political or religious speech, are regulated differently from one another. The findings in this case had far reaching impacts on sign regulations throughout the country. As a result, local jurisdictions have 417 Page 2 of 3 had to reevaluate their sign regulations to avoid legal challenges. In light of the Court ruling, Staff evaluated the City’s existing Sign Regulations (DMC Chapter 8.84) and determined that amendments were necessary to replace content-based regulations. The proposed Zoning Ordinance Amendment includes revisions to Chapter 8.84 (Sign Regulations) to ensure compliance with the Supreme Court decision. The proposed amendments replace any content-based regulation with regulations that comply with the Court’s decision. The proposed amendments seek to retain the intent of existing regulations by replacing content-based regulations with non-content-based regulations and other non-substantive amendments to improve the format and organization for clarity and ease of use. The proposed amendments preserve Dublin’s high-quality-built environment and community appearance while balancing economic development and aesthetic interests of the community. Staff also proposes minor amendments to Chapter 8.104 (Site Development Review) to ensure internal consistency within the Zoning Ordinance. On April 6, 2021, the City Council waived the first reading and introduced the Ordinance approving amendments to Chapters 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance. The City Council is being asked to waive the second reading and adopt the Ordinance provided as Attachment 1. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Projects seeking to implement the amended provisions of the Sign Ordinance would be subject to separate review under CEQA. Staff recommends the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. Staff also presented the proposed amendments to the Dublin Chamber of Commerce Board of Directors and Economic Development Committee and provided an announcement in the Dublin Business Brief, the City’s business community e- newsletter. Additionally, the City Council Agenda was posted. 418 Page 3 of 3 ATTACHMENTS: 1) Ordinance Approving Amendments to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance 419 Attachment 1 ORDINANCE NO. XX-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO CHAPTER 8.84 (SIGN REGULATIONS) AND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW) OF THE ZONING ORDINANCE EFFECTIVE CITY-WIDE PLPA-2017-00018 WHEREAS,the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS,the City of Dublin determined that amendments to the Zoning Ordinance relating to sign regulations are necessary to ensure, among other things, the City’s sign standards are consistent with the U.S. Supreme Court’s decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015); and WHEREAS, the proposed Zoning Ordinance Amendment includes modifications to Chapter 8.84 (Sign Regulations) to replace content-based regulations, and other non- substantive amendments to provide greater clarity, and companion amendments to Chapter 8.104 (Site Development Review) to ensure internal consistency within in the Zoning Ordinance; and WHEREAS,the Planning Commission held a duly noticed public hearing on March 9, 2021, during which all interested persons were heard, and adopted Resolution No. 21- 02 recommending City Council adoption of the proposed Zoning Ordinance Amendment; and WHEREAS,a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendment; and WHEREAS,the City Council held a public hearing on the proposed Zoning Ordinance Amendment on April 6, 2021, at which time all interested parties had the opportunity to be heard; and WHEREAS,proper notice of said hearing was given in all respects as required by law; and WHEREAS,the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: 420 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 31 Section 1.Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendment are consistent with the Dublin General Plan and all applicable Specific Plans in that the amendments are necessary to comply with federal and state laws and are consistent with applicable land use regulations and development policies. Specifically, General Plan Implementation Measure 10.7.4.A calls for an “update the City’s Sign Ordinance.” Section 2.The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Projects seeking to implement the amended provisions of the Sign Ordinance would be subject to separate review under CEQA. Therefore, the City Council hereby finds the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. Section 3.Section 8.84.010 (Purpose and Intent) of Title 8 of the Dublin Municipal Code is amended as follows: The purpose of this Chapter is to provide standards to safeguard the health, safety,and welfare of the community by regulating and controlling the design, quality of materials, construction, location, and maintenance of all signs and their supporting members. The objectives of this Chapter are to: A. Implement the purposes, policies and programs of the General Plan and Specific Plans. B. Provide effective and attractive identification for businesses services and uses. C. Provide a reasonable system of regulations for signs as a part of the City’s comprehensive Zoning Ordinance consistent with state and federal laws. D. Promote reasonable sign standards to limit the aesthetic impact of signs on properties within the City to prevent clutter and protect streetscapes thereby preserving property values and protecting traffic safety. E. Attract and direct the public to available activities, goods,and services. F. Enhance the economic value of the community through attractive and effective signage. G. Provide for vehicular and pedestrian safety by prohibiting or restricting distracting signs. H. Comply with state and federal laws and constitutions, including such provisions requiring the display of specified signs or information. 421 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 31 Section 4. Section 8.84.020 (Definitions) of Title 8 of the Dublin Municipal Code is amended as follows: For the purposes of these regulations, certain words and phrases shall be interpreted as set forth in this Chapter unless it is apparent from the context that a different meaning is intended. Where any of the definitions in this Chapter may conflict with definitions in Chapter 8.08, Definitions, the definitions in this Chapter shall prevail for the purposes of this Chapter. A. A-Frame Sign (sign type). The term A-Frame Sign shall mean portable, moveable signs capable of standing without support or attachment. The term A-frame Sign includes sandwich board signs. B. Awning. The term Awning shall mean any structure composed of cloth, metal, or other materials that projects from the exterior wall of a building. C. Awning Sign (sign type).The term Awning Sign shall mean a sign affixed or incorporated into an awning. D. Balloons (sign type).The term Balloon shall mean any inflatable sign or balloon regardless of size that is designed to be used as a Commercial Message or a Non- Commercial Sign. E. Banner Sign (sign type).The term Banner Sign shall mean a temporary sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame. F. Billboard Sign.The term Billboard Sign shall mean an Off-Site Advertising Sign. G. Building Frontage.The term Building Frontage shall mean the linear length of a building wall measured at the base of the building wall. H. Bulletin Board Sign (sign type).The term Bulletin Board Sign shall mean a sign used to display announcements pertaining to a Civic Use Type. I. Commercial Message.The term Commercial Message shall mean the content of an advertisement that includes but is not limited to any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event, or other commercial activity, including industrial activity. J. Flag (sign type). The term Flag shall mean any piece of cloth, or flexible material of any size, color, and design, hoisted on a pole permanently affixed to the ground or displayed via a pole bracket permanently affixed to a building. K. Freestanding Sign (sign type).The term Freestanding Sign shall mean a sign supported by one (1) or more uprights, braces, columns, poles, flat base or stand, or other 422 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 4 of 31 similar structural components placed on or into the ground, and not attached to a building, and having no exposed or connecting wires. L. Identification Sign (sign type).The term Identification Sign shall mean a sign, or device that designates the name, or the name and use, of a place or premise. M. Illegal Sign.The term Illegal Sign shall mean signs and their supporting members, which meet any of the criteria of Section 8.84.220. N. Illuminated Sign.The term Illuminated Sign shall mean an internally or externally illuminated sign, which uses a source of light in order to make the message readable. O. Master Sign Program.The term Master Sign Program shall mean a coordinated program of all signs, including exempt and temporary signs, if applicable, located on a developed site. P. Mural.The term Mural shall mean a painted image or design on a building, which may or may not include words. The term Mural does not include architectural elements that are incorporated into a building’s structure or façade. Q. Non-Conforming Sign.The term Non-Conforming Sign shall mean a sign lawfully in existence before the enactment of this Chapter, or of any relevant amendment hereto, but which is inconsistent with the provisions of this Chapter. R. Non-Commercial Sign.The term Non-Commercial Sign shall mean a sign that does not include Commercial Messages. The term Non-Commercial Sign includes a sign referencing incidental and temporary revenue-generating activities conducted by nonprofit organizations, clubs, groups, or associations. S. Official Public Sign (sign type).The term Official Public Sign shall mean any temporary or permanent sign erected by or on the order of a public official or entity or quasi-public entity at the federal, state, or local government level in the performance of any duty including, but not limited to, non-commercial signs identifying a government building, program, or service (including bus or other public transit services), traffic control signs, street name signs, street address signs, warning signs, safety signs, informational signs, traffic or directional signs, public notices of government events or actions, proposed changes of land use, any proposed rezoning, historic and memorial markers, or any other government sign. The term Official Public Sign includes any sign erected on government property pursuant to lease, license, concession, or similar agreements requiring or authorizing such sign. T. On-Site Sign.The term On-Site Sign shall mean any commercial sign that directs attention to a commercial or industrial occupancy, establishment, commodity, good, product, service, or other commercial or industrial activity that is lawfully conducted, sold, or offered upon the property where the sign is located. The On-Site/Off-Site distinction applies only to Commercial Message signs. The term On-Site Sign includes all signs that are not Off-Site Advertising Signs or Off-Site Signs pursuant to this Chapter. 423 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 5 of 31 U. Off-Site Advertising Sign (sign type).The term Off-Site Advertising Sign shall mean any sign containing a Commercial Message related or pertaining to a business organization, event, good, product, service, or use that is not lawfully available or does not lawfully occur on the property upon which the sign is located. The term Off-Site Advertising Sign shall not include any sign advertising or identifying a business within a shopping center under multiple ownerships regardless of whether the sign is located on the same property as the business being advertised. The term Off-Site Advertising Sign does not include a Special Easement Sign, Identification Sign, Real Estate Sign, Real Estate Directional Sign, and Real Estate Residential Development Directional Sign. V. Off-Site Sign.The term Off-Site Sign shall mean any sign that advertises or relates to a good, product, service, event, or meeting, that is offered, sold, traded, provide, or conducted at some location, premises, or shopping center other than that upon which the sign is posted or displayed. Off-Site Signs include all signs posted or displayed in the public right-of-way. The term Off-Site Sign does not include Off-Site Advertising Signs. W. Pedestrian/Shingle Sign (sign type).The term Pedestrian/Shingle Sign shall mean a suspended sign. X. Pennant (sign type).The term Pennant shall mean any piece of cloth or flexible material of any size, color, and design that is attached to a string or wire. Y. Permitting Body.The term Permitting Body shall mean the person or body with the authority to review and approve permits for signs. This may include the Director of Community Development, the Zoning Administrator, the Planning Commission,or the City Council. Z. Projecting Sign (sign type).The term Projecting Sign shall mean a sign attached to a wall in such a manner that the face of the sign is not parallel to the wall to which it is attached. A blade sign is a Projecting Sign. AA. Real Estate Residential Development Directional Sign (sign type).The term Real Estate Residential Development Directional Sign shall mean a uniformly designed sign, which advertises or informs the public about a residential development where five (5) or more dwelling units are undergoing construction. BB. Real Estate Directional Sign (sign type).The term Real Estate Directional Sign shall mean a temporary sign indicating that a property or any portion thereof is available for sale, lease, rent is available for inspection or directing people to a property pursuant to Civil Code Section 713. A sign advertising an open house for a property listed for sale, lease, or rent is a Real Estate Directional Sign. CC. Real Estate Sign (sign type).The term Real Estate Sign shall mean a temporary sign indicating that a property or any portion thereof is available for sale, lease, or rent pursuant to Civil Code Section 713. 424 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 6 of 31 DD. Reader Board Sign (sign copy).The term Reader Board Sign shall mean a sign with copy that can be changed or altered by manual, electric, electromechanical, or electronic means and without changing or altering the sign frame, sign supports, or electrical parts. The term Reader Board Sign does not include a Bulletin Board Sign and Service Station Price Sign. EE. Roof Line.The term Roof Line shall mean the top edge of the roof or top of the parapet; whichever forms the top line of the building silhouette. FF. Searchlight (sign type).The term Searchlight shall mean a device, usually consisting of a light and reflector, for throwing a beam of light in any direction. GG. Service Station Display Structure (sign type).The term Service Station Display Structure shall mean an on-site identification sign that serves to identify the name and logo of the service station located on the site. HH. Service Station Price Sign (sign type).The term Service Station Price Sign shall mean a sign indicating gasoline prices and available services on the site. II. Sign.The term Sign shall mean any device, display, or structure that is visible from a public place and that has words, letters, figures, designs, symbols, logos, illumination, or projected images. The term Sign shall not include the following: architectural elements incorporated into the structure or façade of a building; devices, displays, or structures that are visible only from the inside of a building. JJ. Special Easement Sign (sign type).The term Special Easement Sign shall mean a sign used in-lieu of a Freestanding Sign located off-site from, but within the immediate vicinity of, a business; where said business is located on a parcel of land without direct access or frontage on an improved public right-of-way; and where the two (2) parcels involved are interconnected by a non-revocable, non-exclusive recorded vehicular access easement. KK. Streamer (sign type).The term Streamer shall mean a long, narrow banner, flag, or pennant. LL. Temporary Non-Commercial Sign (sign type). The term Temporary Non- Commercial Sign shall mean a Non-Commercial Sign intended for short-term display. MM. Temporary Sign.The term Temporary Sign shall mean any sign intended for short-term display. NN. Tenant Frontage. The term Tenant Frontage shall mean the linear length of a building frontage or portion of the building frontage occupied by a tenant. OO. Tenant Directory Sign (sign type).The term Tenant Directory Sign shall mean a tenant directory or other exclusively informational listing of tenant names attached to the exterior wall at the entrances of a building and used for the purpose of displaying the 425 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 7 of 31 names and unit identifications of occupants engaged in professions or businesses on the premises. PP. Vehicular Sign (sign type).The term Vehicular Sign shall mean any sign permanently affixed to an operable, or inoperable vehicle currently registered as a motor vehicle. QQ. Wall Sign (sign type).The term Wall Sign shall mean a sign attached parallel to or flat against the exterior wall of a building or structure. RR. Window Sign (sign type).The term Window Sign shall mean a sign attached to, suspended behind, or placed or painted upon, the window or glass door of a building that is visible from the exterior of the building. Section 5. Matrix A of Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) of Title 8 of the Dublin Municipal Code is amended as follows: Matrix A, Sign Approvals and Decisionmaker Authority by Zoning District, prescribes the necessary permits and the decisionmaker authority applicable to the specified signs for each zoning district: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District* Sign Type A R-1, R- 2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M-2 Awning Σ X ZC ZC ZC ZC ZC ZC Balloon X ZC***ZC ZC ZC ZC ZC ZC Banner X ZC***ZC ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP BP Flags – Commercial X X ZC ZC ZC ZC ZC ZC Freestanding 20' or Less in Height Σ ZC*****ZC X BP BP BP BP Freestanding Greater than 20' in Height X X X X SDR SDR SDR SDR Identification* * ZC/SD R ZC/SD R ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR Master Sign Program SDR SDR SDR SDR SDR SDR SDR SDR Off-Site Advertising X X X X X X X X MSP/SDR*** * 426 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 8 of 31 Sign Type A R-1, R- 2, R-M C-N C-O C-1 C-2 DDZD M-P, M-1, M-2 Pedestrian / Shingle Σ X ZC ZC ZC ZC ZC ZC Projecting Σ X BP BP BP BP BP BP Reader Board, Electronic X X CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC ) CUP(PC) Reader Board, Manual X X ZC ZC ZC ZC ZC ZC Real Estate Residential Development Directional BP BP BP BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC ZC Service Station Price X X ZC X ZC ZC ZC ZC Special Easement Σ X ZC ZC ZC ZC ZC ZC Tenant Directory X X BP BP BP BP BP BP Wall Σ ZC*****BP BP BP BP BP BP Notes for Matrix A: Σ On-Site Signs not exceeding an area of ten (10) square feet per side are permitted per Section 8.84.090 and subject to Building Permit BP Permitted and subject to Building Permit CUP Conditional Use Permit Approval required and subject to Building Permit SDR Site Development Review Permit by Community Development Director and subject to Building Permit PC Planning Commission is decisionmaker authority ZC Zoning Clearance by Staff Required and subject to Building Permit X Not Permitted *Matrix A does not reflect Exempt Signs in Section 8.84.140 **A sign of up to twenty-four (24) square feet on a side is allowed with a Zoning Clearance and a sign of up to thirty-six (36) square feet on a side is allowed with a Site Development Review Permit. 427 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 9 of 31 ***Only Banners, not exceeding twelve (12) square feet, are allowed for Multi-Family Residences. All other temporary signs are not allowed in this zoning district. ****Permitted in the M-1 zoning district within the Scarlett Court Overlay with approval of an MSP/SDR. Not permitted in M-P and M-2 zoning districts, nor in the M-1 districts outside of the Scarlett Court Overlay. *****Not permitted except on property with a Civic Use Type with approval of a Zoning Clearance. Planned Development signage is permitted by Section 8.84.100. A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200. Section 6.Matrix B of Section 8.84.040 (Sign Development Regulations) of Title 8 of the Dublin Municipal Code is amended by eliminating the “Copy Restrictions” column and as follows: Matrix B, Sign Development Regulations, prescribes required development regulations for permitted signs. The information in Matrix B is subordinate to and supplementary to the information in Section 8.84.050, Signs Subject to Permits. Matrix B Sign Development Regulations** Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Awning Section 8.84 .050.A 1 per business or tenant frontage as permitted by Section 8.84. 110B.4. 2 ft. 6 in.1 sq. ft. per lineal ft. of tenant frontage to maximum of 150 sq. ft. (with SDR, 1.5/lineal ft. to max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from street. 1 per business or tenant frontage with maximum of three frontages. May project 36 inches. More than 36 inches with SDR. Max. sign length of 24 ft. Balloon Section 8.84.050.O. 1 Per Section 8.84.050.O.1 Per Section 8.84.050.O. 1 Per Section 8.84.050.O.1 Per Section 8.84.050.O.1 Per Section 8.84.050.O.1 Banner Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O Per Section 8.84.050.O 428 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 10 of 31 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Bulletin Board Section 8.84 .050.B 1 6 ft.24 sq. ft.10 ft. from front property line; Must meet all other yard requirements. Flags - Commercial Section 8.84.050.C See Section 8.84. 050. C See Section 8.84 .050.C See Section 8.84.0 50.C See Section 8.84.050.C See Section 8.84.050 .C Freestandin g 20' or less in height; Freestandin g greater than 20' in height. Section 8.84 .050.D and 8.84.120. 1 per parcel; 2 or more with Master Sign Program. 10 ft. at property line; May be increased 0.5 ft. for every 1 ft. the sign is set back from the nearest street frontage property line up to a maximum of 20 ft.; Up to 35 ft. with SDR. 15 sq. ft. per side at property line; May increase 2.5 sq. feet per side for each 1 ft. sign set back from nearest street frontage property line. Maximum of 150 sq. ft. In a planter of appropriate dimension; Not closer than 50 feet from right-of-way of Interstate Highway; Permitted within required yards; At one or more main entrances with Master Sign Program. Must have minimum clearance of 14 feet if overhanging vehicular way; Must not project into a public right-of-way. Identification Section 8.84 .050.E 1 per property frontage 6 ft.24 sq. ft. with Zoning Clearance; 36 sq. ft. with SDR. None.Means of support shall be concealed. Off-Site Advertising Sign Section 8.84.050.F and 8.84.125 1 per parcel. Per MSP/SDR. Per MSP/SDR. Section 8.84.030 an d 8.84.125.B through E Section 8.84.125 Pedestrian/ Shingle Section 8.84 .050.G 1 per businesses per building elevation; maximum of 2 for corner suites N/A 5 sq. ft.Suspended from canopy over a sidewalk directly in front of the door of the business. 8 ft. vertical clearance; Perpendicular to business building wall. 429 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 11 of 31 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Projecting Section 8.84 .050.H and 8.84.110.C 1 per business. 2 ft. 6 in.; May be increased through SDR. 16 sq. ft.; May be increased through SDR. Middle one-third of front wall of building. Section 8.84.110 .C Readerboar d Section 8.84 .050.I Per Section 8.84. 110 if wall sign; 8.84.12 0 if freestanding sign. Per Section 8.84 .110 if wall sign; 8.84.1 20 if freestanding sign. Per Section 8.84.1 10 if wall sign; 8.84.120 if freestanding sign. Per Section 8.84.110 if wall sign; 8.84.120 if freestanding sign. Per Section 8.84.110 if wall sign; 8.84.120 if freestanding sign. Real Estate Residential Developmen t Directional Section 8.84 .050.J Determined by Director of Community Development . Determined by Director of Community Developmen t. Determined by Director of Community Development. Determined by Director of Community Development. Determined by Director of Community Development. Searchlights Section 8.84.050.K 4 N/A N/A N/A Maximum of 21 days per calendar year. Service Station Display Structure Section 8.84 .050.L 1 8 ft.16 sq. ft.None.May be combined with Service Station Price Signs; Placed in landscape planter Service Station Price Signs Section 8.84 .050.M 2 6 ft.16 sq. ft for 3 fuel products; 24 sq. ft for 4 fuel products. 1 per street frontage. May be combined with Service Station Display Structure. Special Easement Section 8.84 .050.N 1 4 ft.24 sq. ft.Within immediate vicinity of the business. In lieu of Freestanding Sign; Located on parcel w/o direct access or frontage on improved ROW; must be connected by roadway/access easement. 430 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 12 of 31 Sign Type Section No. Maximum Number of Signs Maximum Height Maximum Area per Side in Sq. Ft. Location Requirements* Additional Regulations* Temporary Section 8.84 .050.O Per Section 8.84. 050.O Per Section 8.84 .050.O Per Section 8.84.0 50.O Per Section 8.84.050.O Per Section 8.84.050 .O Tenant Directory Section 8.84 .050.P 1 N/A 12 sq. ft.At entrance of building on an exterior wall. None. Wall Section 8.84 .110.Q and 8.84.110.B 1 per business or tenant frontage with maximum of three frontages. 2 ft. 6 in.1 sq. ft. per lineal ft. of Tenant Frontage up to maximum of 150 sq. ft. (with SDR, 1.5/lineal ft. to max of 250 sq. ft.); 25% bonus if tenant space is 100 ft. from street. 1 per business or tenant frontage with maximum of three frontages. May project 12 inches, 30 inches w/SDR. Max. sign length 24 ft. Notes for Matrix B: * Location Requirements and Additional Regulations are in addition to those identified in Sections 8.84.050, 8.84.110, and 8.84.120. ** Matrix B does not reflect Exempt Signs in Section 8.84.140. Section 7.Section 8.84.050 (Signs Subject to Permits) of Title 8 of the Dublin Municipal Code is amended as follows: The following signs shall be allowed pursuant to the permits required in the Zoning Districts as indicated in Matrix A (Section 8.84.030) and shall be regulated as shown in Matrix B, (Section 8.84.040) and as follows: A. Awning Signs.Awning Signs shall be permitted in the same locations as wall signs and shall be subject to the requirements of Section 8.84.110. B. Bulletin Board.Bulletin Board Signs twenty-four (24) square feet maximum area per side are permitted ten (10) feet or further from the front property line. One Bulletin Board Sign is permitted on each property with a Civic Use Type. A Bulletin Board Sign may have a maximum height of six (6) feet. C. Flags – Commercial.Commercial Flags are subject to the following: 431 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 13 of 31 1. Commercial Flags shall be located on the site where the Automobile/Vehicle Sales use being advertised is conducted. 2. The location of Commercial Flags shall be limited to private property light poles and shall not extend above the top of the light pole. 3. The number of Commercial Flags shall be limited to one (1) flag per light pole, up to one-half of all light poles located on the site. 4. Commercial Flags shall be limited to a maximum of twenty (20) square feet and may be single sided or double sided. 5. Commercial Flags shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. No flag shall project into a public right-of-way. 6. Commercial Flags shall be maintained in good condition at all times. Any flag that is faded, torn, or otherwise determined by the Community Development Director to not be in good condition shall be removed upon request and may be replaced subject to compliance with this subsection. D. Freestanding Signs.Freestanding Signs are permitted per Section 8.84.120. E. Identification Signs.One (1) Identification Sign is permitted per parcel in any district. Identification Signs with a maximum area of twenty-four (24) square feet per side may be approved subject to a Zoning Clearance. A maximum of thirty-six (36) square feet per side may be permitted with Site Development Review Permit. The height of Identification Signs shall not exceed six (6) feet. F. Off-Site Advertising Signs.Off-Site Advertising Signs shall be permitted per Section 8.84.125. G. Pedestrian/Shingle Signs.Pedestrian/Shingle Signs are permitted subject to the following provisions: 1. Suspended from a canopy over a sidewalk directly in front of the door of the business with a minimum of eight (8) foot vertical clearance. 2. Perpendicular to the business building wall. 3. Not more than five (5) square feet in area per side. 4. Limited to one (1) per business per building elevation and a maximum of two (2) for corner suites. H. Projecting Signs.Projecting Signs are permitted per Section 8.84.110.C. 432 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 14 of 31 I. Reader Board Signs.Reader Board Signs may be permitted as either a Wall Sign or a Freestanding Sign. Wall-Mounted Reader Board Signs shall comply with Section 8.84.110, Regulations for Wall Signs and Projecting Signs. Freestanding Reader Board Signs shall comply with Section 8.84.120, Freestanding Sign General Regulations. J. Real Estate Residential Development Directional Signs.The purpose of this section is to establish and regulate a standardized program of real estate residential development directional signs in areas where many developments are being constructed at the same time. This will provide attractive and effective signage to help the public find the developments. Real Estate Residential Development Directional Signs, “Signs” for the purposes of this section, are subject to the Building Permit process. These signs are permitted subject to the following: 1. Residential developments of five (5) or more dwelling units. Signs shall be prepared for residential developments where five (5) or more dwelling units are concurrently undergoing construction or for sale, lease, or rent. 2. On private property with consent of owner, public property, or City right-of- way. All signs shall be placed on private property with the written consent of the property owner, public property, or on City right-of-way subject to a City encroachment permit. 3. Construction and maintenance by one sign company. Signs shall be constructed and maintained by one sign company and paid for by residential developers within the City. 4. Design. The design of the signs shall be uniform and shall be to the satisfaction of the Director of Community Development pursuant to Site Development Review Permit. A modification to the design shall be pursuant to Site Development Review Waiver. The City logo shall be placed on top of the signs. Any single-sided signs shall be painted the same color in the back as in the front side. The signs shall not be illuminated. The sign shall feature removable linear sign panels with directional arrows. A typical example of such a sign is as follows: 5. Real Estate Residential Development Directional Sign Plan. A Real Estate Residential Development Directional Sign Plan shall be prepared to the satisfaction of the Director of Community Development pursuant to Site Development Review Permit. A modification to the Plan shall be pursuant to Site Development Review Waiver. The Plan shall show the location of each sign, preferably at major intersections, prior to the installation of any signs. No sign shall be located anywhere other than as shown on the Real Estate Residential Development Directional Sign Plan. 6. Maintenance. The sign company shall maintain the signs to the satisfaction of the Director of Community Development. If signs are not maintained to the satisfaction of the Director of Community Development, the City shall have the right to remove and confiscate the sign. 433 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 15 of 31 7. Each development shall be limited to one (1) panel on an individual sign face. 8. Informing the public. Individual panels on signs shall be used only to inform the public of residential developments within the City of Dublin. 9. Sight distance. The signs shall not interfere with the sight distance of motorists, pedestrians, or bicycle riders. 10. Sidewalk circulation. The signs shall not impede pedestrian circulation of sidewalks. 11. Freeways. The signs shall not be located within 660 feet of I-580 or I-680. 12. Weeds. The site where signs are located shall be kept free of weeds to the satisfaction of the Director of Community Development to a distance of two (2) feet around each sign. 13. Devices. Devises shall not be attached to or placed next to signs. Such devices include but are not limited to: tag signs, streamers, balloons, banners, pennants, flags, lights or display boards. 14. Prohibited signs. No prohibited signs such as A-Frame Signs, Portable Signs, pennants, streamers, blinking or flashing lights, or movable signs (whether mechanical or hand-held) shall be permitted on or adjacent to Signs. 15. Removal of panel. When a given development is completely sold out or leased, the panel representing that development shall be removed from all signs. 16. Removal of sign. The signs shall be removed at the time the last dwelling unit of the developments is occupied. 17. Relocation/reduction in size. When a sign has only a few panels in use, it shall be moved closer to the developments being advertised and/or reduced in size. 18. Bond. The sign company shall post a bond satisfactory to the Director of Community Development to assure timely removal of the signs. K. Searchlights.Up to four (4) Searchlights, attached to function as a single unit, are permitted as a Temporary Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulatively shall be issued that allows any Temporary Sign(s) that include Searchlights for more than twenty-one (21) days per calendar year. L. Service Station Display Structures.A Service Station Display Structure is permitted pursuant to a Zoning Clearance. Such structure shall have a maximum height of eight (8) feet and have a maximum area of sixteen (16) square feet per side and may incorporate Service Station Price Signs. The area of the Service Station Price Sign may be added to the area of a Service Station Display Structure. A Service Station Display 434 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 16 of 31 Structure shall be placed in a landscape planter, which should be of sufficient width, length, and height to protect the base of the sign from damage due to vehicular traffic. M. Service Station Price Signs.Service Station Price Signs are permitted when accessory to an existing service station, provided: 1. One (1) sign is permitted along each street frontage to a maximum of two (2) signs. 2. Each price sign shall have a heavy type face or electric reader board style text and be clearly visible from adjacent streets and may have a maximum area of sixteen (16) square feet per side for service stations offering three (3) fuel products; or a maximum area of twenty-four (24) square feet per side for service stations offering four (4) or more fuel products. 3. The maximum sign height shall not exceed six (6) feet. 4. A price sign may be attached to, combined with, and made part of a Service Station Sign Display Structure pursuant to Section 8.84.050.L. 5. All signage shall conform to the requirements of Business and Professions Code Section 13530 et. seq. N. Special Easement Signs.A Special Easement Sign may be used in-lieu of a Freestanding Sign. A Special Easement Sign shall be placed within the immediate vicinity of the parcel upon which the business or center is located. The premises advertised must be located on a parcel of land without direct access or frontage on an improved public right-of-way. Said properties must be interconnected by a traversable vehicular roadway, which is subject to a non-revocable, non-exclusive recorded access easement. A Special Easement Sign shall be permitted pursuant to a Zoning Clearance. Special Easement Signs shall not be more than four (4) feet high and six (6) feet long and shall have a maximum area of twenty-four (24) square feet per side. Special Easement Signs shall be subject to compliance with Section 8.84.120, Freestanding Signs General Regulations. O. Temporary Signs.Temporary Signs shall be professionally designed and fabricated by design professionals (e.g., graphic designers), whose principal business is the design, manufacture, or sale of signs, or others who are determined by the Director of Community Development to be capable of producing professional results. Temporary Signs shall have a professional appearance and be constructed of durable, all-weather materials and shall be maintained in good condition throughout the display period. 1. Balloons.Any tethered or untethered balloon of greater than fifteen (15) inches in diameter shall be permitted pursuant to a Zoning Clearance. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulatively shall be issued that allows any Temporary Banner that includes balloons for more than twenty-one (21) days per calendar year. 435 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 17 of 31 2. Banner Signs.Up to two (2) Banner Signs are permitted pursuant to a Zoning Clearance and may be placed on site for a maximum of twenty-one (21) consecutive calendar days per permit. A minimum waiting period of forty-two (42) consecutive calendar days between displays is required. A Banner Sign shall not be larger than sixty (60) square feet in size and shall not be located so that it is higher than the eave of the structure in which the business is located. One (1) Banner Sign may be displayed on a tenant’s building frontage. If there is more than one street frontage, one (1) Banner Sign may be displayed on each street frontage (in lieu of the building frontage), up to two (2) street frontages, if the Banner Signs are at least two-hundred (200) feet apart. 3. Properties with Multifamily Residence.Up to one (1) Banner Sign is permitted pursuant to a Zoning Clearance and may be placed on-site with a multifamily residence for a maximum of ten (10) consecutive calendar days per permit. A minimum waiting period of twenty (20) consecutive calendar days between displays is required. In addition, the duration in which Banner Signs may be displayed is limited to a maximum duration of ninety (90) days per calendar year. A Banner Sign shall not be larger than twelve (12) square feet (see Chapter 8.08 for definition of multifamily residence). P. Tenant Directory Signs.A Tenant Directory Sign is permitted provided it is attached to the exterior wall at the entrances of a building and each sign shall not exceed a maximum area of twelve (12) square feet. Q. Wall Signs.Wall Signs are permitted per Section 8.84.110. Section 8. Section 8.84.060 (Design Criteria) of Title 8 of the Dublin Municipal Code is amended as follows: A. The design of all proposed signs shall be reviewed by the permitting body with consideration given to the following factors: 1. Visibility and legibility (letter height and legibility, contrast-background relationship, placement, and location). 2. Impact of other immediate signs in terms of visibility, legibility, and scale. 3. Traffic conditions, including but not limited to, traffic safety and circulation, visibility, road width, curb cuts, or driveway indentations, median, proximity of major intersections, signals or stops, average traveling speed or any other natural physical obstruction. 4. Night-time use considerations including intensity of illumination (of a sign being reviewed, of other immediate signs and of other light sources such as street lights or canopy lights), competition and interference of light sources and intrusion of light into residential areas. 436 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 18 of 31 B. Each proposed sign shall be reviewed by the permitting body for conformity to the following criteria: 1. The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained. 2. To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design. 3. All light sources shall be adequately diffused or shielded. 4. The sign’s supporting structure shall be as small in density and as simple as is structurally safe. 5. Multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically. 6. Plastic-faced signs with white internally illuminated backgrounds are not permitted except pursuant to a Zoning Clearance. 7. Neon, bare fluorescent tubes, or incandescent bulbs are not permitted except pursuant to Site Development Review Permit. 8. The sign shall not obstruct pedestrian circulation. Section 9. Section 8.84.070 (Illumination) of Title 8 of the Dublin Municipal Code is amended as follows: External illumination may be allowed on all signs upon the approval of the Community Development Director, unless otherwise set forth in this Chapter. External illumination used for the illumination of any sign shall be permitted only when such lighting is installed on private property and is hooded or shielded so that the light source is not visible from public streets, alleys, highways, or adjoining properties. Section 10. Section 8.84.080 (Landscaping) of Title 8 of the Dublin Municipal Code is amended as follows: Landscaping used in commercial areas where a sign is proposed will be of species which have growth habits which facilitate visibility of sign to the greatest degree possible while still providing necessary shade and screening and meeting all other requirements of this Chapter. Section 11. Section 8.84.090 (A – Agricultural District – Signs Permitted) of Title 8 of the Dublin Municipal Code is amended as follows: 437 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 19 of 31 When located in an A District, and subordinate to a lawful use, On-Site Signs not exceeding an aggregate area of ten (10) square feet per side are permitted as shown in Matrix A (Section 8.84.030). Section 12. Section 8.84.110 (Regulations for Wall Signs and Projecting Signs) of Title 8 of the Dublin Municipal Code is renamed and amended as follows: 8.84.110 Regulations for Wall Signs, Awning Signs, and Projecting Signs Wall Signs, Awning Signs, and Projecting Signs are permitted subject to the following regulations: A. General 1. Zoning Districts.These regulations shall apply in the C-N, C-O, C-1, C-2, M- P, M-1, M-2, and comparable PD Zoning Districts. 2. Computation of Sign Area.The area of Wall and Projecting Signs shall be computed as the entire area within a single, continuous perimeter creating a polygon of not more than eight (8) straight lines, a circle or an ellipse, or a combination of the above enclosing the extreme limits of the sign together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, provided that in the case of a sign with more than one (1) exterior surface containing sign copy, the sign area shall be computed as the sum of all exterior faces. Any structure, or part of a structure, which departs from standard architectural procedures in an attempt to attract attention to the premises by reason of color scheme, building shape, or unusual architectural features shall be considered sign area and is subject to all pertinent regulations. Those portions of the supports, uprights, base of a sign, or area used for street address, that do not function as a sign shall not be considered as part of the sign area. 3. Extension of Sign Above Ridge Roof-Line.No part of any Wall Sign or Projecting Sign shall extend above the roof-line of the building elevation on which the sign is displayed. 4. Maximum Sign Height.The height of Wall and Projecting Signs shall not exceed two (2) feet, six (6) inches. This standard may be increased with Site Development Review Permit. Exceptions: A single wall sign may be up to four (4) feet high if it is no more than four (4) feet wide and otherwise conforms to the requirements of the Sign Regulations. A Wall or Projecting Sign shall not exceed three (3) feet high if it is on the face of a building at least eighteen (18) feet high. 5. Maximum Sign Length.No Wall Sign shall exceed a length of twenty-four (24) feet. This standard may be increased pursuant to Site Development Review Permit. 438 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 20 of 31 6. Supporting Members of Signs Minimized.Supporting members for Wall Signs and Projecting Signs shall appear to be an integral architectural part of the building, and any required bracing shall be minimized. 7. Number of Building Frontages.Each business or tenant space may be permitted a maximum of three (3) building frontages with maximum of one (1) wall sign per frontage. 8. Frontage Allocation Not Transferable.In no case shall a sign or sign area permitted on one (1) frontage be transferred to another frontage. 9. Use of All Legal Existing Sign Cabinets on a Tenant Frontage.All legal existing sign cabinets on a Tenant Frontage may be used by the tenant occupying the suites behind the Tenant Frontage. B. Wall Signs and Awning Signs 1. Area of Wall Signs.The area of Wall Signs for each business or tenant space shall not exceed one (1) square foot of sign area for each lineal foot of Tenant Frontage occupied by such business up to a maximum sign size of one hundred fifty (150) square feet. Pursuant to Site Development Review Permit, this standard may be increased by one and one-half (1.5) square feet of sign area for each lineal foot of frontage occupied by such business up to a maximum size of two hundred fifty (250) square feet. Additional sign area may be exceeded through approval of a Master Sign Program pursuant to Section 8.84.130. 2. Wall Signs on Buildings Distant from Street.A tenant space of a building which is set back at least one hundred (100) feet from any street may increase the Wall Sign area by twenty-five (25) percent. 3. Wall Signs and Awning Signs Projecting from Face Of Wall.Wall signs shall project not more than twelve (12) inches from a wall except that Wall Signs projecting from twelve (12) inches to thirty (30) inches from the wall to which they are attached are permitted with Site Development Review Permit. Awning Signs shall not project more than thirty-six (36) inches from a wall except that Awning Signs projecting more than thirty-six (36) inches from the wall to which they are attached are permitted with Site Development Review Permit. C. Projecting Signs 1. Clearance of Projecting Signs.Projecting Signs shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. No such sign shall project into a public right-of-way. 439 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 21 of 31 2. Location of Projecting Signs.Projecting Signs shall only be located on the middle one-third of the front wall of a building. This requirement may be modified pursuant to Site Development Review Permit. 3. Number of Projecting Signs.Only one (1) Projecting Sign shall be permitted for each business located on the site. 4. Projecting Sign Areas.A Projecting Sign shall have a maximum size of sixteen (16) square feet per side unless increased pursuant to Site Development Review Permit. 5. Projecting Sign Projection Limit.Projecting Signs shall not extend from the front wall to which they are attached more than eight (8) feet unless modified pursuant to Site Development Review Permit. Section 13.Section 8.84.120 (Regulations for Freestanding Signs) of Title 8 of the Dublin Municipal Code is amended as follows: Freestanding Signs are permitted subject to the following regulations: A. Zoning Districts.Freestanding Signs are permitted in the R-1, R-2, and R-M Zoning Districts when there is a Civic Use Type, as well as the C-N, C-O, C-1, C-2, DDZD, M-P, M-1, and M-2 zoning districts. B. Landscape Planter.Freestanding Signs shall be located in a planter of appropriate dimension. The design of the landscape planter should be of sufficient width, length, and height to protect the base of the sign from damage due to vehicular traffic. C. Interstate Freeway Proximity. The Freestanding Sign shall not be located closer than fifty (50) feet from the right-of-way of an Interstate Freeway. D. Main Entrance Proximity.Freestanding Signs shall be permitted at one (1) or more of the main entrances pursuant to a Master Sign Program. E. Location.Freestanding Signs shall be permitted within required front, side, or rear yard setback areas. F. Copy Restrictions.Freestanding Signs shall indicate the building address or address range of the building and/or complex it serves. G. Clearance of Freestanding Signs.Freestanding Signs shall have a minimum clearance of fourteen (14) feet if the freestanding sign has an overhang extending over a driveway, alley, or other vehicular access. H. Not project into a public right-of-way. I. Height.Freestanding Signs shall have a maximum height of ten (10) feet at the property line. The height may be increased half (0.5) foot for every foot the sign is set 440 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 22 of 31 back from the nearest street frontage property line up to a maximum of twenty (20) feet. A Freestanding Sign may be permitted to have a height of up to thirty-five (35) feet pursuant to Site Development Review Permit. Heights above thirty-five (35) feet may be permitted pursuant to a Master Sign Program. J. Area of Freestanding Signs.Freestanding Signs shall have a maximum area of fifteen (15) square feet per side at the property line. The area may be increased two and one half (2.5) square feet per side for each foot the sign is set back from the nearest street frontage property line. The maximum size for a Freestanding Sign is one hundred and fifty (150) square feet per side. A Freestanding Sign may have an area greater than one hundred and fifty (150) square feet pursuant to a Master Sign Program. K. Number of Freestanding Signs.Freestanding Signs shall be limited to one (1) Freestanding Sign per parcel unless more than one (1) Freestanding Sign were allowed pursuant to a Master Sign Program. Section 14. Section 8.84.125 (Off-Site Advertising Signs) of Title 8 of the Dublin Municipal Code is amended as follows: Off-Site Advertising Signs are subject to the following regulations: A. Number of Off-Site Advertising Signs.One (1) Off-Site Advertising Sign may be permitted per parcel. B. Location.Signs shall be located in the M-1 zoning district within the Scarlett Court Overlay. C. Interstate Freeway Proximity. 1. Signs shall be located between fifty (50) and one hundred (100) feet from the right-of-way of Interstate 580 and located on properties along Scarlett Court and Interstate 580. 2. Signs shall be visible from the right-of-way of Interstate 580. 3. Signs shall satisfy applicable California Department of Transportation standards for freeway-oriented signs, as amended from time to time. D. Public Trail Proximity.Signs shall be located five hundred (500) feet or more from the centerline of the Iron Horse Trail. E. Separation Between Signs.Signs shall be located on parcels one thousand (1,000) feet or more from another parcel with an Off-Site Advertising Sign. F. Public Safety.Signs shall not significantly impair public safety. 441 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 23 of 31 G. Other Regulations.Signs shall satisfy the applicable requirements of the Outdoor Advertising Act (Business and Professions Code Section 5200 et. seq.), as amended from time to time. H. Copy Restrictions.Signs shall not display products, goods, or services related to tobacco, firearms, or sexually explicit material. Section 15.Section 8.84.130 (Master Sign Program/Site Development Review Permit) of Title 8 of the Dublin Municipal Code is amended as follows: A. Signs for a new retail, office, or industrial complex on four (4) or more acres having a gross floor area of forty-thousand (40,000) square feet or larger, a new automobile dealership, or any buildings more than two (2) stories high shall be subject to a Master Sign Program/Site Development Review Permit pursuant to Chapter 8.104 Site Development Review. B. An existing or proposed retail, office, or industrial complex (all of the businesses in the complex or shopping center, not an individual business in a complex or shopping center), automobile dealership or building more than two (2) stories high, regardless of the size of the site on which it is located, may apply for a Master Sign Program/Site Development Review Permit. C. A Master Sign Program/Site Development Review Permit shall be granted based on the following findings based on evidence in the record: 1. That the program’s contribution to effective and attractive identification of businesses, services, and uses and the design quality of the site and surrounding area will be superior to the quality that would result under the regulations and standards of this Chapter; and 2. That all of the proposed signs of the retail, office, or industrial complex, shopping center, automobile dealership or building are compatible with the style or character of existing improvements on the site and are well related to each other; and 3. That all of the proposed signage shall generally conform with the Design Criteria in Section 8.84.060. D. The Master Sign Program shall include, but not be limited to, indications of the quantity, locations, dimensions, colors, design, method of illumination, and sign types of all signs to be installed. Section 16.Section 8.84.140 (Exempt Signs) of Title 8 of the Dublin Municipal Code is amended as follows: The following signs are exempt from obtaining a permit but shall comply with all other regulations of this Chapter: A. A-Frame Signs.A-Frame Signs shall be subject to the following: 442 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 24 of 31 1. Quantity.One (1) per business. 2. Size.A maximum of six (6) square feet per side with a maximum of two sides. 3. Height.A maximum height of four (4) feet. 4. Materials.Professional quality materials are required; plywood is prohibited. 5. Location.A-Frame Signs shall be located within five (5) feet of the pedestrian entrance to the applicable tenant space. A-Frame Signs shall be placed on hardscape and shall not block accessible paths of travel or inhibit sight distance for ingress or egress. 6. Stabilization.All A-Frame Signs shall be freestanding and able to withstand wind gusts or must be removed during inclement weather. A-Frame Signs shall not be attached to structures, trees, benches, or any other landscape features. 7. Sign Copy.A-Frame Signs shall not include Commercial Messages except as related to commercial or industrial activities on the property on which the A-Frame Sign is located. 8. Daily Removal.A-Frame Signs shall be removed at the close of business each day. B. Direction/Warning Signs.Signs displayed for the direction, warning, or safety of the public, including pedestrian and vehicular traffic, with eight (8) square feet maximum sign area per sign, and all Direction/Warning Signs designed as pavement markings regardless of size. C. Flags.Flags that do not contain Commercial Messages. D. House Numbers and Name Plates.House numbers, name plate or identification of house members (provided sign does not exceed two (2) square feet maximum area), mailbox identification, street names, “no-trespass” signs, and other warning signs. E. Lottery Signs.Signs for the California State Lottery approved by the Lottery Commission for display by Lottery Game Retailers. F. Murals.Murals that do not contain Commercial Messages. G. Official Public Signs.All Official Public Signs erected by or on the order of a public official or agency. H. Real Estate Signs.Real-Estate Signs are permitted subject to the following provisions provided they shall: 1. Not exceed a maximum area of sixteen (16) square feet per side; 443 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 25 of 31 2. Be limited to one (1) such sign placed for each one hundred (100) feet of street frontage, up to a maximum of two (2) signs per parcel; 3. Have a maximum height of eight (8) feet; 4. Be constructed of wood, plywood, metal, or other rigid material; and 5. Not be placed on a private or public right-of-way. I. Real Estate Directional Signs.Real Estate Directional Signs are permitted subject to the following special provisions provided they shall: 1. Be limited to a maximum of four (4) open house signs for each property being advertised for sale. 2. Not be located within the public right-of-way where such signs endanger the safety of persons or property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of such traffic, blocks ingress into or egress from any residence or place of business, or restricts a sidewalk width to less than thirty-two (32) inches. Notwithstanding the above, signs may be placed in a landscaping strip between the roadway and the sidewalk. 3. Not be adhered or attached to any public signpost, traffic signal, or utility pole. 4. Not be placed within a five (5) foot radius of a call box, fire hydrant, or mailbox. 5. Include placement of no more than eight (8) open house signs at any intersection and no more than one (1) sign per property being advertised may be placed at an intersection. 6. Not have additional tags, riders, streamers, balloons, or other attachments. 7. Not exceed four (4) square feet per side, and the height shall not exceed three (3) feet above grade. 8. Be permitted on holidays, Saturdays, Sundays,and one agent tour day each week from 10:00 a.m. through sunset. 9. Be subject to the City’s authority to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove illegally located open house signs. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited. 10. Secure proper authorization by the affected private property owner prior to placement of signs on private property. 444 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 26 of 31 J. Seasonal Lights and Decorations.Seasonal lights (if lighted) and seasonal decorations may be displayed for up to sixty (60) consecutive calendar days. Seasonal balloons used in conjunction with a seasonal event, are exempt from obtaining a permit when located in a Residential Zoning District. K. Temporary Non-Commercial Signs.Temporary Non-Commercial Signs provided they shall: 1. Be displayed for no more than sixty (60) consecutive calendar days. 2. Be placed on private property. 3. Be no more than sixteen (16) square feet per side in area per individual sign and up to eighty (80) square feet of maximum aggregate area per lot. 4. Not be placed within the public right-of-way or within six hundred and sixty (660) feet of and visible from the right-of-way of Interstate 580 or Interstate 680. L. Vehicular Signs.A vehicle with Vehicular Signs less than nine (9) square feet per panel or side of vehicle parked on the property on which the business is located, and as close as practical to the business it serves for less than twenty-four (24) hours continuously or eighty-four (84) hours in a seven (7) day period. The vehicle shall not be used as a sign platform or for the sole purpose of attracting people to a place of business. M. Window Signs.Window Signs shall not exceed twenty-five (25) percent of the contiguous window area from which they are viewed. Section 17. Section 8.84.150 (Prohibited Signs) of Title 8 of the Dublin Municipal Code is amended as follows: The following signs, or signs which contain the following elements, are prohibited: A. Balloons.Any singular or clustered balloon(s) up to fifteen (15) inches in diameter and attached to any structure, vehicle, pole, or sign which is located in any Commercial or Industrial Zone by designated Planned Development or standard Commercial or Industrial Zone, which is displayed higher than ten (10) feet above the ground. B. Blinking, Flashing Lights.Any sign having blinking, flashing, or fluttering lights, or any other illuminating device which has a changing light intensity, brightness, or color. C. Obscene Signs.Any sign containing any obscene matter, as defined by federal court precedent. D. On Public Property.Any sign whether portable, temporary, or permanent in nature located within the public rights-of-way, or on public property except the following: 1. An Official Public Sign. 445 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 27 of 31 2. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities, or routes. 3. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property. E. Pennants.Either directly or indirectly attached to any structure or pole. F. Privately-Owned Signs Resembling Traffic Signs.Any privately-owned sign resembling any public directional sign or traffic control device. G. Reflective Signs.Signs using colors that contain reflective properties. H. Rotating, Moving, and Human-Held Signs.Any sign with Commercial Messages that rotates, moves, contains moving parts, depicts animation in any manner, or any sign with Commercial Messages that is held by a human being in any manner. I. Signs Extending Above Roof Ridge.Any sign, which extends above the roof ridge line or parapet. J. Streamers.Streamers either directly or indirectly attached to any structure or pole. K. Signs that are a Traffic Hazard.Any sign, which creates a traffic hazard to operators of motor vehicles or any sign, which obstructs or interferes with a motorist’s vision of traffic signals. N. Signs with Visible Support Brackets.Any sign mounted on a sloping roof with visible support brackets. L. Sound or Odor Emitting Signs.Any sign designed for emitting sound, odor, or visible matter. M. Vehicular Signs.Any sign that exceeds nine (9) square feet per panel or side of vehicle on any car, van, truck or other vehicle that is either operable or non-operable, that is parked in any parking lot or adjacent right-of-way that is visible from a highway, collector or major street for a period that exceeds either twenty-four (24) hours continuously or eighty-four (84) hours in any seven (7) day period. Section 18. Section 8.84.170 (Application - Contents) of Title 8 of the Dublin Municipal Code is amended as follows: Application for a permit shall be made in writing upon forms furnished by the Department of Community Development and shall include the property owner’s signature authorizing the application, and other information determined by the Community Development Director. Section 19.Section 8.84.190 (Application - Approval) of Title 8 of the Dublin Municipal Code is amended as follows: 446 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 28 of 31 A. The Permitting Body shall approve a permit application only if he or she finds that: 1. The sign and/or proposed location are not prohibited under section 8.84.150, Prohibited Signs. 2. The sign is permitted under a specified section of this Chapter or under a Master Sign Program granted pursuant to Section 8.84.130 or an Exception granted pursuant to Section 8.84.200. 3. The sign is compatible in character and quality of design with the exterior architecture of the premises and other structures in the immediate area. 4. The sign will not materially reduce the visibility of existing conforming signs in the area. 5. The sign, as proposed or modified, conforms to the Design Criteria specified in Section 8.84.060, Design Criteria. B. Permit applications shown in Section 8.84.030 Matrix A shall be subject to the regulations, review, procedures, and appeal process set forth in the Zoning Ordinance. Section 20.Section 8.84.200 (Sign Exemptions) of Title 8 of the Dublin Municipal Code is amended as follows: All of the following findings shall be made in order to approve a Sign Exception and shall be based on evidence in the record: A. The proposed Sign Exception conforms as closely as practicable to the regulations pertaining to sign size, height, number and location; and B. The proposed Sign Exception is consistent with the intent of providing attractive and effective identification and other purposes of the sign regulations; and C. Either: 1. Strict adherence to the sign regulations does not allow attractive and effective identification of the site or practical functioning of the business because of the site’s location or configuration, or because the proposed business or use is obscured from view by adjacent buildings and/or vegetation; or 2. The architectural style, materials,or construction elements of the building are such that a sign placed in conformance with this Chapter would conflict with other aesthetic considerations. D. The procedure for processing a Sign Exception shall be as set forth in Chapter 8.112, Variance. 447 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 29 of 31 Section 21.Section 8.84.220 (Illegal Signs Subject to Summary Removal) of Title 8 of the Dublin Municipal Code is amended as follows: Signs and their supporting members, which meet any of the following criteria, shall be considered illegal signs and shall be subject to summary removal pursuant to this Chapter: A. Any signs and their supporting members erected without first complying with all ordinances and regulations in effect at the time of their construction, erection,or use. B. Any signs and their supporting members which were lawfully erected, but whose use has ceased, or the structure upon which the signs are attached has been abandoned by its owner, for a period of ninety (90) days or more. C. Any signs and their supporting members which have been more than fifty (50) percent destroyed, and the destruction is other than facial copy replacement, and the sign displays are not repaired within thirty (30) days of the date of their destruction. D. Any signs and their supporting members whose owners, except for a change of copy, request permission to remodel and then remodel those sign displays, or expand or enlarge the buildings or land uses upon which the sign displays are located, and the sign displays are enlarged or otherwise made to be not in conformity with this Chapter by the construction, enlargement,or remodeling. Remodeled signs where the cost of construction, enlargement, or remodeling of the sign displays exceeds fifty (50)percent of the cost of reconstruction of the building. E. Any signs and their supporting members for which there has been an agreement between the sign display owners and the City for their removal as of any given date and said signs have not been removed by said date. F. Any signs and their supporting members which are temporary and not otherwise permitted by this Chapter. G. Any signs and their supporting members which are a danger to the public or are unsafe. H. Any signs and their supporting members, which constitute a traffic,hazard not created by relocation of streets or highways or by acts by the City. I. Any signs and their supporting members that were legally erected which later became non-conforming as a result of the adoption of an ordinance, the amortization period for the display provided by the Ordinance rendering the display non-conforming has expired, and conformance has not been accomplished. Section 24.Section 8.84.300 (Substitution of Non-Commercial Speech for Commercial Speech) of Title 8 of the Dublin Municipal Code is added as follows: 448 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 30 of 31 Notwithstanding anything contained in this Chapter to the contrary, any sign erected pursuant to the provisions of this Chapter may, at the option of the owner, contain a non- commercial message in lieu of a commercial message and the non-commercial copy may be substituted at any time in place of the commercial copy. The non-commercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to non-commercial messages, or from one non-commercial message to another non-commercial message, as frequently as desired by the owner of the sign, provided that the size, height, setback and other dimensional criteria contained in this Chapter have been satisfied. Section 23.Section 8.104.040.A.10 (Signage) of Chapter 8.104 (Site Development Review) of the Dublin Municipal Code is hereby amended to read as follows: 10. Signs.All Master Sign Programs and other signs which require Site Development Review Permit pursuant to Chapter 8.84, Sign Regulations Section 24.The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 25. Effective Date.This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 26. Posting.The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: 449 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 31 of 31 _________________________________ City Clerk 450 April 20, 2021 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk’s office after distribution of the April 20, 2021, Regular City Council meeting agenda packet. Item 4.12 451 CITY MANAGER’S OFFICE MEMORANDUM DATE: April 20, 2021 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Item 4.12: Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) (PLPA-2017-00018) At the April 20, 2021, City Council Meeting, the City Council will consider a City-initiated Zoning Ordinance Amendment to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review). The United States Supreme Court determined that content-based sign regulations violate the First Amendment and are unconstitutional. Staff is proposing amendments to the City’s Sign Regulations to comply with the Supreme Court ruling, including modifications to replace content- based regulations and other non-substantive amendments to provide greater clarity, and companion amendments to ensure internal consistency within the Zoning Ordinance. The first reading of the Ordinance was held at the April 6, 2021 Regular City Council Meeting. After the agenda was posted, City Staff identified the need to make the following minor, non- substantive modifications to the Ordinance, where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted: 8.84.010.Z Projecting Sign (sign type). The term Projecting Sign shall mean a sign attached to a wall in such a manner that the face of the sign is not parallel to the wall to which it is attached. A blade sign is a Projecting Sign. 8.84.120.H Projection. Freestanding signs shall nNot project into a public right-of-way. The minor modifications include the elimination of an undefined example and adding a sub-heading. The proposed modifications do not amend the purpose or intent of the proposed regulations that the City Council considered on April 6, 2021. Staff recommends the City Council waive the reading and adopt the Ordinance approving amendments to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance including the minor modifications in this memorandum. 452 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.13 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Authorization to Purchase Marked Police Vehicles Prepared by: Nate Schmidt, Captain Dublin Police Services EXECUTIVE SUMMARY: On February 2, 2021, the City Council authorized the purchase of two 2021 Chevrolet Tahoe 2WD PPV for patrol vehicles from Dublin Chevrolet. Since the meeting, the window to order the vehicles closed, with an unknown timeframe for re-ordering. Staff conducted research and found the 2021 Dodge Charger Police Sedan is still in production, available for purchase, and will meet the current needs of Dublin Police Services. The City Council will consider authorizing the purchase of two 2021 Dodge Charger Police Sedans using pricing through the current Alameda County General Services Agency contract for vehicle purchases. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the Purchase of Two Marked Police Vehicles from My Jeep Chrysler Dodge Ram of Salinas and Declaring Replaced Vehicles as Surplus Property. FINANCIAL IMPACT: The Fiscal Year 2020-21 Internal Service Fund Budget includes funding for the purchase of two marked police vehicles. Any revenue generated from the auction of the retired vehicles is also deposited into the fund to offset future replacement costs. DESCRIPTION: The City currently has 22 marked police vehicles which are used by Dublin Police Services Patrol Unit, Crime Prevention Unit, and School Resource Officers. In order to ensure reliability and to minimize repair expenses, the City reviews replacement of these vehicles after three years of service and/or 75,000 miles. Based upon general vehicle condition and the age of the units currently in the fleet, Staff has identified two existing marked police vehicles for replacement during Fiscal Year 2020-21: a 2015 Ford Explorer with over 78,000 miles (Vehicle #15D05) and a 2015 Ford Explorer with over 453 Page 2 of 2 80,000 miles (Vehicle #15D09). On February 2, 2021, City Council authorized the purchase of two 2021 Chevrolet Tahoe 2WD PPV for patrol vehicles from Dublin Chevrolet. Once approved, Staff attempted to move forward with the purchase, but were informed the window to order the 2021 Chevrolet Tahoe had been closed and future purchasing of this model vehicle could not be completed until an unknown date estimated to be late 2021 or early 2022. Staff conducted research and found the 2021 Dodge Charger Police Sedan is still in production and available for purchase. The 2021 Dodge Charger Police Sedan will meet the current needs of Dublin Police Services. On October 8, 2020, Alameda County General Services Agency approved a contract identifying My Jeep Chrysler Dodge Ram of Salinas as an approved vehicle vendor for Alameda County. The contract has an expiration date of October 8, 2021. Utilizing Alameda County’s contract, Staff has obtained the following pricing: 2021 Dodge Charger Police Sedan from My Jeep Chrysler Dodge Ram of Salinas: $30,455.46 2021 Dodge Charger Police Sedan from My Jeep Chrysler Dodge Ram of Salinas: $30,455.46 The current Internal Service Fund Budget contains funding to purchase these vehicles. Staff is also requesting that the City Council authorize the disposal of the replaced vehicles by transferring them to a professional auction company for sale. Any revenue generated from the auction of the retired vehicles will be deposited into the fund to offset future replacement costs. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Authorizing the Purchase of Two Marked Police Vehicles from My Jeep Chrysler Dodge Ram of Salinas and Declaring Replaced Vehicles as Surplus Property 2) My Jeep Chrysler Dodge Ram of Salinas Quote for Two 2021 Dodge Charger Police Sedans 3)Alameda County General Services Agency Contract for Vehicle Purchasing 454 Attachment 1 RESOLUTION NO. xx – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE PURCHASE OF TWO MARKED POLICE VEHICLES FROM MY JEEP CHRYSLER DODGE OF SALINAS AND DECLARING REPLACED VEHICLES AS SURPLUS PROPERTY WHEREAS, on February 2, 2021, the City Council approved the purchase of two 2021 Chevrolet Tahoe 2WD PPV for patrol vehicles from Dublin Chevrolet; and WHEREAS, Staff attempted to move forward with the purchase of the Chevrolet Tahoe vehicles, but the window to order the vehicles had closed with an unknown timeframe for re-ordering; and WHEREAS, Staff conducted research and determined the 2021 Dodge Charger Police Sedan is still in production and available for purchase; and WHEREAS, the 2021 Dodge Charge Police Sedan will meet the current needs of Dublin Police; and WHEREAS, the City follows a process of periodically replacing marked police vehicles based upon the age of the vehicle and its condition; and WHEREAS, the Fiscal Year 2020-21 Internal Service Fund Budget includes funding for the replacement of two marked vehicles; and WHEREAS,on October 8, 2020, the Alameda County General Services Agency approved a contract identifying My Jeep Chrysler Dodge of Salinas as an approved vehicle vendor for Alameda County with an expiration date of October 8, 2021; and WHEREAS,utilizing the Alameda County General Services Agency contract, Staff has obtained pricing for two 2021 Dodge Charger Police Sedans from My Jeep Chrysler of Salinas at a cost of $30,455.46 each for a total amount of $60,910.92. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager, as Purchasing Agent, to procure two replacement marked police vehicles from My Jeep Chrysler Dodge of Salinas, in lieu of the previous authorization to purchase two 2021 Chevrolet Tahoe vehicles, as described to the City Council on April 20, 2021. BE IT FURTHER RESOLVED that upon placing the new vehicles in service, the replaced vehicles are declared surplus property to be sold at auction. BE IT FURTHER RESOLVED that the City Manager and/or her designee shall be authorized to arrange for the auction of surplus City property in accordance with state and local laws and regulations. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: 455 AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: _______________________________________ City Clerk 456 Attachment 2457 Attachment 3458 459 STAFF REPORT CITY COUNCIL Page 1 of 6 Agenda Item 7.1 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:BRIDGE Housing Affordable Rental Housing Project Unit Reservation and Funding Allocation Prepared by: Amy Million, Principal Planner, Kristie Wheeler, Assistant Community Development Director, and Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY: BRIDGE Housing is seeking to develop a 3.6-acre site located at 6501 Golden Gate Drive within the Downtown Dublin Specific Plan area. This proposal is in response to the City’s Notice of Funding Availability for affordable housing and direction received from the City Council after reviewing the initial proposal on November 17, 2020. The proposed project consists of 308 affordable units to be built in two phases of 136 units and 172 units, and includes ground floor retail, amenity space, and parking. The City Council will consider reserving up to 308 units from the Downtown Dublin Specific Plan Development Pool and related deal points for a Community Benefit Agreement for the affordable housing project. The City Council will also consider appropriating $7.1 million from the City’s Affordable Housing Fund and authorizing the commitment of $2.9 million in Alameda County Measure A-1 Bond funds to BRIDGE Housing for the project. STAFF RECOMMENDATION: Adopt the Resolution Appropriating $7.1 Million From the City’s Affordable Housing Fund and Authorizing the Commitment of $2.9 Million in Alameda County Measure A-1 Funds From Dublin’s Base City Allocation to BRIDGE Housing, authorize the reservation of up to 308 residential units from the Downtown Dublin Specific Plan Development Pool, and provide feedback on the negotiated deal points for a Community Benefit Agreement. FINANCIAL IMPACT: Funds contributed to support construction of the proposed affordable rental housing development would be provided from the City’s Affordable Housing Fund including fees paid to the City by developers to comply with the City’s Inclusionary Zoning Regulation, and by Alameda County Measure A-1 Bond funds. 460 Page 2 of 6 DESCRIPTION: Background On November 17, 2020, the City Council received a report regarding affordable rental housing proposals that had been received in response to the Notice of Funding Availability (NOFA)issued by the City in July 2020 (refer to Attachment 2). The two proposals included a 77-unit project that was part of a larger multi-phase project proposed by BRIDGE Housing at 6501 Golden Gate Drive and the subject of this Staff Report, and a 121-unit project proposed by Eden Housing at 7922 Dublin Boulevard. The City Council directed Staff to continue to work with BRIDGE Housing on refinements to their proposal but also consider potential opportunities to provide funding to both projects. Since that time, Eden Housing has withdrawn their proposal. In addition, the BRIDGE Housing proposal has changed considerably and now would be 100% affordable. Proposal BRIDGE Housing is proposing a two-phase project on a vacant 3.6-acre project site which is located adjacent to the West Dublin/Pleasanton BART station at 6501 Golden Gate Drive as shown in Figure 1 below. The property is bound by I-580 to the south, the future 499-unit St. Patrick Way residential project to the west,Connolly Station residential community to the north, and Golden Gate Drive to the east. Figure 1. Project Location The two-phase project would consist of a total of 308 units. BRIDGE’s NOFA proposal requests funding for 136 units in Phase A (refer to Attachment 3). Table 1 below provides the mix of income levels based on a percentage of area median income (AMI)for these units. BRIDGE has indicated that the remaining 172 units would be 100% affordable and may include moderate- income units but a detailed affordability matrix has not yet been determined. In addition, BRIDGE anticipates that 30%of the units in Phase A would be set aside for special needs populations that could include formerly homeless individuals/families and/or veterans. 461 Page 3 of 6 Table 1. Anticipated Affordability Mix for 136 Units % of Area Median Income (AMI)No. of Units 20 41 40 15 50 40 60 39 Market Rate (Manager’s Unit)1 Total 136 The subject property is located in the Transit-Oriented District of the Downtown Dublin Specific Plan (DDSP) as shown in Figure 2. Figure 2: Transit-Oriented District/Vicinity Map The DDSP provides a list of permitted uses, development standards and design guidelines for all development within the Plan area. The DDSP identified a pool of 2,500 residential units that may be constructed in the DDSP area. A developer must provide a benefit to the community for the use of these units. Since the establishment of the Development Pool, 1,396 units have been reserved and/or constructed. There are 1,104 units remaining in the Pool as shown in Table 2 below. Table 2. DDSP Residential Development Pool Project Address Units Status Total Units in Pool 2,500 Connolly Station 7550 St.Patrick Way 309 Approved 2012 –complete Aster (Bay West) 7544 Dublin Blvd.313 Approved 2013 –complete Valor Crossing (Eden)6707 Golden Gate Dr.66 Approved 2013 –complete Trumark Homes 7144 Regional St.60 Approved 2015 –complete Avesta Development 7601 Amador Valley Blvd.35 Approved 2016 –complete St. Patrick Way 6700 St. Patrick Way 499 Allocated 2018 Regional Street (Eden)6543 Regional St.114 Reserved July 2020 Total Reserved Units (1,396) Remaining Units 1,104 462 Page 4 of 6 The two-phase BRIDGE project proposes an overall residential density of 85.5 units per acre (308 units/3.6 acres = 85.5 unit/acre), which would exceed the maximum density of 85 units per acre allowed under the DDSP by two units. In order to achieve this density, the BRIDGE proposal would rely on a density bonus using State Density Bonus Law. State Density Bonus Law is implemented through the City’s Density Bonus Ordinance and provides incentives to developers for the production of housing affordable to lower income households, senior citizens, disabled veterans, and homeless persons. The following is an overview of the DDSP Development Standards for the Transit-Oriented District and a comparison to the proposed project. Table 3. Overview of DDSP Development Regulations Development Regulation Standard Proposed Density Range 30 to 85 units per acre (108-306 units)308 units Density Bonus 35% based on min. 20% low income units (105 density bonus units) 2 units Building Height 8 floors / 90 feet 5 floors / approx. 65 feet Setbacks: Golden Gate Drive Interior I-580 Freeway 5 feet min. 15 feet max. (80% of bldg. façade) 5 feet min. 10 feet min. TBD – conceptual plan only Parking: Residential 1.5 spaces per unit / 462 spaces .83 spaces per unit / 253 spaces plus 2 spaces for employees1 Commercial 1 per 300 SF / 7 spaces 2 spaces1 Guest Parking Up to 15% of required parking 2 spaces 1 Recent changes in State Density Bonus Law allow qualifying projects, as a matter of right, to obtain lower parking requirements than what would otherwise be required by local government standards. With the passage of Assembly Bill 2345, a 100% affordable housing project located within ½ mile of an accessible major transit stop is entitled to a reduced parking requirement of ½ space per unit unless a higher parking ratio is supported by a parking study. Additionally, the applicant’s proposal includes certain units that serve populations which do not drive and, thus, reduce the need for parking. The proposed parking is currently under review by Staff. The applicant has prepared a conceptual site plan and elevations of the proposed project as viewed from Golden Gate Drive, from the future BART plaza and from the BART platform over Interstate 580 (refer to Attachment 4). The architectural concept for the development is contemporary five story buildings with four floors of residential above ground floor parking, ground floor retail, and amenity space. The conceptual design shows a variety of contemporary building materials (including cementitious panels, metal panels, awnings and railings, brick 463 Page 5 of 6 veneer, and stucco) varying vertical parapet heights, and upper level balconies. The ground level along Golden Gate Drive and Entry Drive is highlighted with property management offices, community rooms, and a retail space that fronts the future BART plaza and will help to activate the streetscape. Community Benefit Agreement As previously discussed, there are 1,104 units remaining in the residential development pool for the downtown. The applicant proposes to utilize 308 units from the Development Pool and must provide a benefit to the community for the use of these units. (DDSP § 3.5, p. 48; § 6.4, pp. 120- 122.) The DDSP lists a number of potential benefits and indicates that the City Council can approve other benefits and the community benefit requirement shall, “[s]o far as possible, be uniformly applied proportionate to the density obtained, while acknowledging that some benefits may be particularly valuable to the City.” (DDSP § 6.4, pp. 120-122.) The applicant and Staff have discussed the terms of the proposed Community Benefit Agreement as follows: In exchange for the allocation of up to 308 units, the applicant will build an affordable housing project in two phases. At a minimum, the project will include 136 units that are affordable to households earning an average of no greater than 43% AMI, and the remaining 172 units will be 100% affordable and may include moderate income units. The applicant is also proposing to make the units which are made affordable for homeless persons, at-risk of becoming homeless persons, and persons with special needs to be fully furnished with appliances, furniture, and basic kitchenware/dishes. In addition, the applicant will, upon occupancy of the project, reserve and construct a warm shell of at least 2,200 square feet of a ground floor café or similar use in the project. The applicant will also provide plaza enhancements to improve pedestrian access to the connection of the West Dublin/Pleasanton BART station. Lastly, any affordable housing credits created by virtue of the construction of affordable housing for 136 units of the project shall accrue to the City. Any affordable housing unit credits created by virtue of the construction of the remaining 172 units of the project shall be shared with the Developer to assist with the financing of the project, if needed. These credits will be limited to the applicable category from which they are created. If the credits are not needed to finance the project, then the credits shall accrue to the City. Any credits the applicant received will not be allowed for use within the DDSP area until the City has exhausted its own credits. Funding Commitment BRIDGE is requesting $10 million in financial assistance for 136 units, or $73,529 per unit. Refer to BRIDGE Housing’s project description and financing plan in Attachment 3. Keyser Marston Associates, a real estate advisory firm, reviewed BRIDGE’s funding proposal and concluded that 464 Page 6 of 6 the development costs and financing plan are consistent with the experiences of other similar affordable housing projects that they had recently evaluated and appears reasonable. Furthermore, the amount of local subsidy that is being requested per unit of development is less than what is being provided for the other comparable projects that they evaluated. Keyser Marston’s review is provided in Attachment 5. Next Steps Next steps will include preparation of complete applications for a Site Development Review Permit and Tentative Parcel Map for consideration and action by the Planning Commission. A Community Benefit Agreement will be brought forward to the City Council for consideration after the Planning Commission takes action on the entitlements. ENVIRONMENTAL DETERMINATION: The action before the City Council is not subject to the requirements of the California Environmental Quality Act (CEQA) as it does not have the potential to result in a direct physical change in the environment or a reasonably foreseeable indirect change in the environment and, thus, does not meet the definition of a project under CEQA Guidelines Section 15378. Future applications for a Site Development Review Permit and Tentative Parcel Map for the proposed project would be subject to CEQA prior to consideration and action by the Planning Commission. STRATEGIC PLAN INITIATIVE: Strategy 3: Create More Affordable Housing Opportunities Objective A: Facilitate production of affordable housing for lower income seniors, workforce and special needs households by leveraging the Alameda County Measure A-1 Bond funds and the City’s Affordable Housing Fund. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Although a public notice is not required, the City mailed a notice to all property owners and occupants within 300 feet of the proposed project. A public notice was published in the East Bay Times and posted in the designated posting places. A copy of this Staff Report was provided to the applicant and was made available on the City’s website. ATTACHMENTS: 1) Resolution Appropriating $7.1 Million From the City’s Affordable Housing Fund and Authorizing the Commitment of $2.9 million in Alameda County Measure A-1 Funds From Dublin’s Base City Allocation to BRIDGE Housing 2) November 17, 2020 City Council Staff Report 3) BRIDGE Housing Project Description and Financing Plan 4) Preliminary Site Plan and Conceptual Architecture 5) Keyser Marston Associates Memorandum 465 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROPRIATING $7.1 MILLION FROM THE CITY’S AFFORDABLE HOUSING FUND AND AUTHORIZING THE COMMITMENT OF $2.9 MILLION IN ALAMEDA COUNTY MEASURE A- 1 FUNDS FROM DUBLIN’S BASE CITY ALLOCATION TO BRIDGE HOUSING WHEREAS,in November 2016, Alameda County voters passed a $580 million Countywide Housing Bond (Measure A-1), which will fund countywide affordable housing development programs; and WHEREAS,$425 million of the Countywide Housing Bond is allocated to the Rental Housing Development fund to assist in the creation and preservation of affordable rental housing for vulnerable populations, and of that $225 million is allocated as “Base City Allocation;” and WHEREAS,the City of Dublin’s Base City Allocation is $7.9 million; and WHEREAS,on July 17, 2020, the City of Dublin issued a Notice of Funding Availability (NOFA) for the creation of affordable rental housing and encouraged qualified affordable housing developers that meet the NOFA requirements to submit proposals; and WHEREAS,$10 million in funding is available, including $7.1 million from the City’s Affordable Housing Fund and $2.9 million in Measure A-1 bond funds, to support predevelopment, acquisition and construction of affordable rental housing; and WHEREAS,BRIDGE Housing submitted a NOFA proposal to develop a two-phase project on a vacant 3.6-acre project site is located adjacent to the West Dublin BART station at 6501 Golden Gate Drive with a total of 308 affordable rental units and requested $10 million in financial assistance for 136 affordable rental units of the overall project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin authorizes the appropriation of $7.1 million from the City’s Affordable Housing Fund to BRIDGE Housing for the development of 136 affordable rental units; and BE IT FURTHER RESOLVED that the City Council of the City of Dublin authorizes the commitment of up to $2.9 million in Measure A-1 bond funds from Dublin’s Base City Allocation to BRIDGE Housing for the development of 136 affordable rental units; and BE IT FURTHER RESOLVED that the City Council of the City of Dublin authorizes the City Manager to submit to the Director of the Alameda County Housing and Community Development the recommendation of commitment of Base City Allocation funds to the affordable housing project as described above. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: AYES: 466 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 467 Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: November 17, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Affordable Rental Housing Funding Proposal Prepared by: Kristie Wheeler, Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will receive a report and select a project to receive funding as part of the City’s Notice of Funding Availability to construct affordable rental housing. The two proposals under consideration are: a 77-unit project that is part of a larger multi-phase project proposed by BRIDGE Housing at 6501 Golden Gate Drive, and a 121-unit project proposed by Eden Housing at 7922 Dublin Boulevard. An initial review of the two proposals has been completed and Staff is seeking City Council concurrence with the preliminary selection. STAFF RECOMMENDATION: Receive the report and provide direction on the selection of an affordable rental housing project. FINANCIAL IMPACT: Funds contributed to support construction of the proposed affordable rental housing development would be provided from the City’s Affordable Housing Fund including fees paid to the City by developers to comply with the City’s Inclusionary Zoning Regulation, and by Alameda County Measure A-1 Bond funds. DESCRIPTION: In July 2020, the City issued a Notice of Funding Availability (NOFA) for the creation of affordable rental housing in Dublin (Attachment 1). Approximately $10.0 million in funding is available to support predevelopment, acquisition, and construction of affordable rental housing. These funds would be allocated from the City’s Affordable Housing Fund and Alameda County A-1 Bond funds allocated to projects in Dublin. The funding is intended to help fill the financing gap between a project’s total development cost and other available financing sources. Funding is limited to capital costs only; no financing is available to fund operating subsidies or supportive services. Attachment 2 468 Page 2 of 4 Qualified affordable housing developers meeting the NOFA requirements and demonstrating their ability to finance, design, build and manage affordable rental housing were encouraged to submit proposals. Eligible projects must be new construction rental development and target extremely-low-, very-low- and/or low-income households earning up to a maximum of 80 percent area median income (AMI). Proposals The City received proposals from BRIDGE Housing and Eden Housing for projects within the Downtown Dublin Specific Plan (DDSP) area. A brief summary of each proposal is provided below. BRIDGE Housing BRIDGE is proposing a multi-phase project on a vacant 3.6-acre BART-owned property located adjacent to the West Dublin BART station at 6501 Golden Gate Drive (Attachment 2). The project would consist of a total of 334 units of which 77 units (Phase 1A) are the subject of BRIDGE’s NOFA proposal. The unit mix would include a combination of studios, one-bedroom, two-bedroom, and three-bedroom units, with 35 units affordable to households earning up to 30 percent AMI, 41 units up to 40 percent AMI, and one manager’s unit. In addition, BRIDGE anticipates that 30 percent of Phase 1A (23 units) would be set aside for special needs populations that could include formerly homeless individuals/families and/or veterans. BRIDGE is requesting $8.5 million in financial assistance, or $110,390 per unit. The multi-phase BRIDGE project proposes an overall residential density of 93 units per acre (334 units/3.6 acres = 93 unit/acre), which would exceed the maximum density of 85 units per acre allowed under the DDSP. In order to achieve this density, the BRIDGE proposal would rely on a density bonus using State Density Bonus Law. State Density Bonus Law is implemented through the City’s Density Bonus Ordinance and provides incentives to developers for the production of housing affordable to lower income households, senior citizens, disabled veterans, and homeless persons. Projects that provide 11 percent of the overall project density as very low-income units are entitled to a density bonus of 35 percent. Phase 1A represents 23 percent of the overall project (77 units out of 334 units) and would be affordable to households earning an average of 35 percent AMI. Therefore, the project would be entitled to a density bonus of 35 percent, which equates to an additional 107 units. The current proposal includes a density bonus of only 28 units. However, in discussions with BRIDGE they have expressed an interest in the ability to consider a density bonus of up to 91 units as they refine their financing and development proposal. In addition, the project would likely take advantage of parking reductions and/or concessions allowed under State Density Bonus Law, which would be analyzed when a development proposal is submitted. The following is a summary of BRIDGE’s proposal: No. Units Unit Type Level of Affordability Parking Ratio No. Levels Phase 1A 77 Affordable except manager’s unit) 35% AMI average 0.8 spaces/unit (62 spaces) 6 (1 parking) 469 Page 3 of 4 No. Units Unit Type Level of Affordability Parking Ratio No. Levels Phase 1B 75 Affordable TBD 1.06 spaces/unit (80 spaces) 6 (1 parking) Phase 2 182 Market Rate NA 1.67 spaces/unit (304 spaces) 7 (2 parking) Total 334 1.33 spaces/unit (446 spaces) Eden Housing Eden Housing is proposing 121 units on 1.45 acres located at 7922 Dublin Boulevard, which is currently occupied by Video Only (Attachment 3). The unit mix would include a combination of studios, one-bedroom, two-bedroom, and three-bedroom units, with five units affordable to households earning up to 20 percent AMI, 27 units up to 45 percent AMI, 64 units up to 50 percent AMI, 24 units up to 60 percent AMI, and one market-rate manager’s unit. The proposed project includes 83 units per acre (121 units/1.45 acres = 83 unit/acre), which would comply with the DDSP maximum allowed density of 85 units per acre. In addition, the project would likely take advantage of parking reductions and/or concessions allowed under State Density Bonus Law, which would be analyzed when a development proposal is submitted. Additionally, the DDSP does require ground floor retail along Dublin Boulevard which was not incorporated into Eden’s initial proposal. Eden is requesting $8.0 million in financial assistance, or $66,116 per unit. The following is a summary of Eden’s proposal: No. Units Unit Type Level of Affordability Parking Ratio No. Levels One Phase 121 Affordable (except manager’s unit) 49% AMI average 1.04 spaces/unit (126 spaces) 5 (1 parking) Next Steps Staff has completed an initial review of the two proposals and found that both meet the minimum requirements of the NOFA. BRIDGE and Eden both have exemplary experience completing affordable rental housing projects of similar size and complexity as proposed, and proven track records collaborating with public agencies, maintaining positive cash flow and compliance with regulatory agreements, and providing quality on- site management. In addition, BRIDGE and Eden both have extensive experience with institutional and private financing that includes conventional construction and permanent loans, tax exempt bonds, and low-income tax credits. Staff is preliminarily recommending that the City Council appropriate funds to BRIDGE’s proposal. This recommendation is based on the following key points: • Phase 1A would include deep affordability levels serving households earning an average of 35 percent AMI. 470 Page 4 of 4 • Thirty percent of Phase 1A would be set aside to provide housing for special needs populations including formerly homeless individuals/families and/or veterans. • Phase 1B, which is not requesting NOFA funds, would include 75 affordable units, increasing the overall affordability of the multi-phase project to 45 percent. The City’s financial assistance provided for Phase 1A and the proposed market-rate units proposed in Phase 2 would help make Phase 1B financially feasible. Averaged across Phases 1A and 1B, the City’s financial assistance would be $55,921 per unit. • The project site has immediate access to BART and bus service and is in close proximity to local services such as grocery stores, banks and restaurants. • The project offers opportunities for shared parking by utilizing the 750-space BART parking garage for evening and weekend parking of project residents. • BRIDGE proposes to design, construct, and maintain a plaza where the BART pedestrian overcrossing lands adjacent to the subject property. • If desired, BRIDGE could accommodate a small retail component, likely a café fronting on Golden Gate Drive, that could serve residents and commuters. If the City Council concurs with this recommendation, Staff would continue to work with BRIDGE to refine their proposal and address any concerns raised by the City Council. Next steps would include returning to the City Council with a formal recommendation and requests to authorize the City Manager to execute an agreement with BRIDGE Housing and allocate units from the DDSP residential pool. Future entitlements would include a Site Development Review Permit and Tentative Parcel Map, which would require review and approval by the Planning Commission. STRATEGIC PLAN INITIATIVE: Strategy 3: Create More Affordable Housing Opportunities. Strategic Objective 3A: Facilitate production of affordable housing for lower income seniors, workforce and special needs households by leveraging the Alameda County Measure A-1 Bond funds and the City’s Affordable Housing Fund. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Notice of Funding Availability 2. BRIDGE Project Description 3. Eden Project Description 471 City of Dublin—Notice of Funding Availability – July 2020 Page 1 CITY OF DUBLIN AFFORDABLE HOUSING FUNDS FOR RENTAL HOUSING DEVELOPMENT NOTICE OF FUNDING AVAILABILITY (NOFA) AND REQUEST FOR PROPOSALS (RFP) Proposal Due: September 18, 2020 by 5:00 p.m. City Contact: Jim Bergdoll, Senior Planner, jim.bergdoll@dublin.ca.gov, 925-833-6618 All inquiries and/or questions shall be submitted no later than September 6, 2020 472 City of Dublin—Notice of Funding Availability – July 2020 Page 2 Table of Contents I. INTRODUCTION ......................................................................................................................... 3 Funding Sources............................................................................................................................ 3 Eligible Applicants........................................................................................................................ 3 Eligible Projects and Threshold Criteria ....................................................................................... 3 Sites Under Consideration Separately .......................................................................................... 4 Review of Proposals and Project Selection Process ..................................................................... 4 City Financial Participation .......................................................................................................... 5 Compliance Monitoring Fee ......................................................................................................... 5 Legal Fees ..................................................................................................................................... 6 Insurance Requirements ................................................................................................................ 6 II. EVALUATION AND SELECTION .............................................................................................. 6 Project Selection Criteria .............................................................................................................. 6 III. SUBMITTAL REQUIREMENTS ................................................................................................. 7 Cover Letter .................................................................................................................................. 7 Development Entity ...................................................................................................................... 7 Experience..................................................................................................................................... 7 Description of Proposed Project Concept ..................................................................................... 7 Financing Plan and Proforma ........................................................................................................ 8 Evidence of Site Control ............................................................................................................... 8 Preliminary Title Report ............................................................................................................... 9 Project Schedule ............................................................................................................................ 9 IV. SUPPLEMENTAL MATERIALS ................................................................................................ 9 Applicant’s Financial Statements ................................................................................................. 9 Residential Services Plan .............................................................................................................. 9 Phase I Environmental Assessment for Project Site ..................................................................... 9 Community Outreach Plan ............................................................................................................ 9 Appraisal ....................................................................................................................................... 9 IV. PROPOSAL PROCESS ............................................................................................................... 10 Proposal Submittal ...................................................................................................................... 10 Pre-Proposal Meeting.................................................................................................................. 10 Proposal Process Timeline .......................................................................................................... 11 Public Record .............................................................................................................................. 11 Right to Reject Proposals ............................................................................................................ 11 V. BACKGROUND RESOURCES .................................................................................................. 11 473 City of Dublin—Notice of Funding Availability – July 2020 Page 3 CITY OF DUBLIN NOTICE OF FUNDING AVAILABILITY (NOFA) REQUEST FOR PROPOSALS (RFP) I. INTRODUCTION The City of Dublin (City) is announcing a Notice of Funding Availability (NOFA) for the creation of affordable rental housing in Dublin. Approximately $10 million in funding is available to support predevelopment, acquisition and construction of affordable rental housing. The funding is intended to help fill the financing gap between a project’s total development cost and other available financing sources. The funding available through this NOFA is for capital costs only; no financing is available to fund operating subsidies or supportive services. The City may choose to recommend the project(s) selected through this NOFA for funding from Alameda County Measure A-1 Bond funds for all or part of the total amount awarded. Qualified affordable housing developers/project sponsors (Applicants) that meet the NOFA requirements and demonstrate their ability to finance, design, build and manage affordable rental housing are encouraged to submit proposals. All proposals must be received by September 18, 2020. Funding will be awarded by the City on a competitive basis to the project(s) that provide the best opportunity to address the City’s affordable housing needs. The City will request that Applicants submit additional information after initial selection. Also, the City reserves the right to suspend, amend or modify the provisions of this NOFA, to reject all proposals, to negotiate modifications of proposals, or to award less than the advertised amount of funding available. Funding Sources Funding for this NOFA will be provided from one or more of the following sources: • City Affordable Housing Fund comprised of fees paid to the City by developers to comply with the City’s Inclusionary Zoning Regulations; and • Alameda County Measure A-1 Bond funds (Dublin Base City Allocation). These funds may also be supplemented with other grant funds that the City is successful in securing to support affordable housing. Eligible Applicants Eligible Applicants include nonprofit and for-profit housing developers. Applicants must have demonstrated experience and capacity in the development and management of affordable rental housing. Applicants should have experience completing affordable rental housing projects of similar size and complexity as the proposed project. Eligible Projects and Threshold Criteria Each Applicant is permitted to submit only one project application for this NOFA. • Projects must be new construction rental developments. • Mixed-use projects (containing both residential and nonresidential space) are eligible. Generally, for mixed-use projects, the residential space should be a minimum of two- thirds of the gross square footage of the development. The non -residential component of the 474 City of Dublin—Notice of Funding Availability – July 2020 Page 4 project must be self-supporting. • Site control as defined in Section III-6, Site Control below; • Proposed units must remain affordable for at least 55 years; • Reasonable acquisition and construction costs; the ability to compete well in securing other/competitive funding sources, including, but not limited to: County (Measure A-1 Bond funds), state and federal sources, Low-Income Housing Tax Credits (LIHTC), private equity, and be soundly underwritten; • Leverage other financing sources; • Incorporate high quality design and amenities and properly integrate with neighborhood scale, massing and setting and will be subject to a Site Development Review Permit; • Incorporate appropriate community spaces, amenities and services for the target population; • Applicant must have demonstrated experience with successful affordable housing projects, the ability to timely secure funding sources that minimizes the City’s contribution of local funds, and the capacity to work cooperatively with the community in the design and development of the project; • Target extremely low-income, very low-income, and/or low-income households earning up to a maximum of 80 percent of Area Median Income (AMI); • Projects must meet all criteria established by Alameda County Department of Housing and Community Development (HCD) to qualify for Alameda County Measure A-1 Bond funds, including providing no less than 20 percent of all units developed within the project serving households earning no more than 20 percent of AMI; • Consider a range of household/individual types, including veterans, seniors, disabled, special needs, and at risk of homelessness; and • Include supportive services appropriate for the expected tenant population as an integral component of the project. The ability to satisfy these criteria is in no manner whatsoever a guarantee of project funding, and the City reserves the right in its sole and absolute discretion to modify or waive any of these threshold requirements without further notice to proposers or potential proposers. Sites Under Consideration Separately The two sites noted below have previously been identified for affordable housing. The purpose of this current NOFA is to receive proposals for other sites which are feasible for development. • 6513 Regional Street at St. Patrick Way in Downtown Dublin – 1.3 acres • Transit Center Site D-1 at Martinelli Way and Iron Horse Parkway – +/-1 acre Review of Proposals and Project Selection Process City staff will review all proposals submitted that meet the NOFA requirements. Proposals will be evaluated based on the Applicant and Project Selection Criteria under Section II below. Proposals 475 City of Dublin—Notice of Funding Availability – July 2020 Page 5 that receive favorable staff review will be presented to the City Council, with staff’s funding recommendation, for further consideration and for a final funding decision. Once the City Council has made a final decision, staff will begin negotiation of loan documents with the selected Applicant(s). City Financial Participation At the City’s sole discretion, and depending upon the financial need of the project and applicable project selection criteria responses, the City may generally provide a capital contribution, which may be in the form of a 55-year loan (City Loan) with an interest rate of three percent simple- interest. The selected Applicant(s) must provide adequate security for any predevelopment component of the City Loan, including but not limited to assignment of the purchase agreement and plans and specifications. Any City Loan will be secured by a promissory note and recorded trust deed (Deed of Trust) and will be conditioned upon additional security in the form of a recorded rent regulatory agreement, a notice of affordability restrictions and any additional security the City may require. City Loans may not be used to fund operating subsidies or supportive services. Any Deed of Trust for the City Loan may initially be recorded in second lien position junior to any private lender acquisition/construction trust deed, and further may be subordinated to other state or federal public agency financing if required by law. The City anticipates that the selected Applicant(s) may be required to start construction within two (2) to three (3) years from the date the Loan Agreement is executed (depending on the project details and subject to the City’s discretion) or the Applicant(s) would risk losing the City’s funding commitment. Predevelopment Loan: Depending on the schedule for the project, the City may decide to issue a preliminary predevelopment loan pursuant to a Predevelopment Loan Agreement. As security for a preliminary predevelopment loan, the selected Applicant(s) would be required to assign to the City its rights and obligations, including but not limited to, with respect to certain agreements (including purchase agreement), plans and specifications and approvals. If the project is proceeding and subsequent financing is approved, the preliminary predevelopment loan would be rolled into the subsequent City Loan. If the project proves infeasible, the preliminary predevelopment loan may be forgiven in certain circumstances, as determined by the City, and otherwise pursuant to the terms of the Predevelopment Loan Agreement. Predevelopment Costs: Predevelopment costs are upfront project costs necessary to determine project feasibility and include costs of an initial feasibility study, consulting fees, legal fees, architectural and engineering fees, soil and environmental review services, and other upfront expenses incurred during the preconstruction phase. Predevelopment costs do not include option deposits to acquire site control. Compliance Monitoring Fee The City charges an annual Compliance Monitoring Fee to cover the cost of monitoring compliance with City Agreements for the term (55 years) of the City Loan. Based on the City of Dublin adopted 2020-21 Master Fee Schedule, the annual fee is $2,058 for projects between 21 and 100 units and $2,964 for projects with 101+ units adjusted annually per the Consumer Price Index. 476 City of Dublin—Notice of Funding Availability – July 2020 Page 6 Legal Fees Legal fees, including the cost of the City Attorney, incurred by the City during the negotiation and execution of loan documents, including both the predevelopment loan and the construction loan will be paid directly by the Applicant(s). Insurance Requirements The selected Applicant(s) will be required to comply with the City’s insurance requirements, consistent with affordable multifamily insurance standards. Comprehensive detail about the City’s insurance requirements will be provided upon request. II. EVALUATION AND SELECTION Project Selection Criteria Applicants who submit proposals that meet the requirements of this NOFA will be evaluated according to the criteria below. 1. Applicant Qualifications, Experience and Management of Affordable Rental Housing a. Experience completing affordable rental housing projects of similar size and complexity as the proposed project on time and within budget. Preference will be given to those with demonstrated knowledge; b. Positive track record for collaborative negotiations with public agencies (as demonstrated by references); c. Track record of positive cash flow and compliance with regulatory agreements, property reserves and property management standards for existing projects; and d. Quality and track record of on-site management of rental properties, including ongoing upkeep and maintenance of the property, availability of conflict resolution programs, and highly trained on-site managers that maintain a crime-free, healthy and safe environment. 2. Applicant Financial Capability and Economic Feasibility of Project a. Applicant financial strength and track record in securing the proposed financing; b. Source and amount of equity contributions and other sources of funding; c. Degree of leveraging of affordable housing funds; d. Track record in securing nine percent LIHTC, four percent LIHTC, project-based housing vouchers, or other major funding; and e. Per unit subsidy of affordable housing funding request (lower the better). 3. Public Benefit and Response to City’s Housing Priorities a. Project has housing units that address households with special needs (e.g., seniors, disabled, homeless); b. Project has supportive services and has identified funding to provide for such services; c. Applicant has proven success at gaining community support for affordable housing projects and remaining sensitive to concerns throughout operations; and d. Quality of the proposed structures. Attention to enhancing the quality of life for the future occupants and design compatibility with surrounding neighborhood. 477 City of Dublin—Notice of Funding Availability – July 2020 Page 7 4. Site Appropriateness a. Project site has easy access to public transportation and relevant local services and amenities, such as parks, medical services, fresh foods, schools, etc.; and b. Project is consistent with the site’s General Plan and/or Specific Plan land use designation and zoning. In cases where the land use designation and/or zoning would require an amendment, applicant can demonstrate that the project warrants an amendment to land use and zoning designations and is compatible with surrounding land uses. 5. Completeness, Accuracy, and Quality of Proposal and Budget This includes an overall evaluation of the proposal itself, as evidence of the Applicant’s understanding of the project’s purpose and objectives, knowledge of the field, and ability to prepare concise reports and budgets. It also includes the completeness, accuracy and quality of an Applicant’s response to questions regarding the proposal. III. SUBMITTAL REQUIREMENTS 1. Cover Letter Provide a brief summary of the proposed project and discuss Applicant’s qualifications, why Applicant is uniquely qualified to merit the City’s investment, and why Applicant’s proposal should be selected for funding. Maximum length: two pages 2. Development Entity a. Identify the entity with the legal authority to contract directly with the City, including all joint ventures/limited partners and their percentage ownership interest (if applicable); b. Include resumes of key individuals and their roles; and c. Identify person who has the legal authority to enter into a contractual agreement with the City on behalf of the Applicant. Maximum length: five pages 3. Experience a. Provide evidence of past project experience, particularly with developing affordable housing rental projects. For at least three (3) projects include: a brief narrative description of the project, the Applicant's role, the cost of the project, amounts and sources of funds used to finance the project, the date the project was completed, financial statements for the three most recent years of each projects operations, and indicate if the project was completed on time and within budget; and b. For each of the projects identified above for experience, provide a reference with the city or agency including name, email address and phone number. Maximum length: 24 pages 4. Description of Proposed Project Concept a. Provide a written description of the proposed project, scale of development (number stories), type of construction, size, use of proposed tenants of commercial component (if applicable), occupancy restrictions, number and size of units, number of parking spaces, and type of amenities; 478 City of Dublin—Notice of Funding Availability – July 2020 Page 8 b. Provide basic site information such as property address, Assessor’s Parcel Number, square footage, existing uses, current General Plan land use designation and zoning, and indicate if the proposed project is consistent with the existing General Plan land use designation and zoning, or if a General Plan Amendment and Rezoning are required; c. Describe the property location, neighborhood, transportations options, local services and amenities (full-service grocery store, neighborhood park, pharmacy, medical facility, schools, etc.) within close proximity to the site (include distance, e.g., ¼ mile, ½ mile); d. Provide a graphic depiction of the proposed project consisting of a preliminary site plan and conceptual architecture. Overly detailed architectural renderings or glossy material are discouraged in response to this NOFA; and e. Describe how the project will be managed. Also, provide a list of rental projects that are currently under the company’s management. Include each property’s location, number of units and number of affordable units. Maximum length: five pages 5. Financing Plan and Proforma Provide a narrative description of the proposed method of financing the proposed project including all sources of debt and equity. In the case of a proposed tax credit project, identify the assumed tax credit pricing/cents on the dollar projected in the proposed project’s sources and uses. Given the competitive nature of many of the available county, state and federal funding programs, the narrative should describe the Applicant's approach to alternative financing scenarios as a contingency to the preferred plan. The proposal should also include a complete preliminary financing proforma of the proposed project including: a. Total development cost budget, itemized for each component of the project, identifying predevelopment costs, estimates of land acquisition and site preparation costs (if applicable), direct construction costs (for each component) and all indirect and financing costs, including developer fee, construction escalation, design contingency, and construction contingency of no less than 10 percent; and b. A complete sources and uses of funds table for both construction and permanent financing for each component of the project. The table should clearly indicate the amount of requested affordable housing financial assistance and the proposed repayment terms of such assistance. Maximum length: three pages 6. Evidence of Site Control At the time of proposal submission, the Applicant must show that if the proposal is selected, site control can be maintained until the property can be acquired. As evidence of site control, one of the following documents must be submitted with the application: a. Purchase agreement, including evidence that the agreement is for a term that is sufficient to hold the property until the anticipated date of purchase; b. Option to purchase or lease, binding on seller or landlord, including evidence that options are renewable until the anticipated date of purchase; 479 City of Dublin—Notice of Funding Availability – July 2020 Page 9 c. Executed land sales contract or other enforceable agreement for acquisition; d. Letter of Intent to purchase, signed by both buyer and seller, indicating commitment to execute purchase or option agreement pending Applicant selection by City; or e. Other evidence that Applicant has site control acceptable by the City. 7. Preliminary Title Report A preliminary title report dated within 30 days of the application deadline. 8. Project Schedule A preliminary project schedule identifying the estimated date of achieving key milestones including: securing of all financing commitments, acquisition of the site, start of construction, completion of construction, and lease-up and stabilization of residential and commercial operations (if applicable). Project schedule should start within 30 days of date the Applicant’s project is selected. IV. SUPPLEMENTAL MATERIALS – NOT REQUIRED INITIALLY Additional materials that may be required at a later date for NOFA finalists: 1. Applicant’s Financial Statements The most recent two years’ audited financial statements of the Applicant and each proposed development entity/joint venture partner, if applicable. 2. Residential Services Plan A plan that describes services to be provided to tenants (childcare, computer training, etc.) and demonstrates how supportive services for the tenant population will be provided and funded. The plan should also show funding sources. 3. Phase I Environmental Assessment for Project Site Applicants may be required to provide a copy of the completed Phase I Environment Assessment prepared by a qualified environmental firm. 4. Community Outreach Plan A plan for conducting community outreach to neighbors of the proposed project and community groups may be required. The outreach plan should discuss any anticipated community concerns and how they would be handled. 5. Appraisal An appraisal of the project site may be required that has been completed within six months of the application deadline. All appraisers must be California State licensed/certified. 6. Project Cashflow Projection Project income and project operating expenses, including rents for each unit type, vacancy rate, operating expenses, debt service, and all distributions of remaining cash flow (15-year projection with assumptions for out-year escalations). The table should clearly detail 480 City of Dublin—Notice of Funding Availability – July 2020 Page 10 assumptions on rents for all unit types including utility allowance factors and other sources of income. 7. Mixed-Use Budget For mixed-use projects, a development budget will be required with the costs attributable to the commercial/retail or other nonresidential component clearly delineated from those for the residential component. 8. Project Sustainability Plans Plans may be requested for reduction of negative impacts on the environment through principles and practices that reduce consumption water and non-renewable energy, and minimize waste and negative impact to the environment IV. PROPOSAL PROCESS Proposal Submittal Proposals are due on Friday, September 18, 2020, by 5:00 p.m. and must include: • Hard copies: One (1) original and three (3) copies of complete proposal; and • Electronic copy: All proposal materials must also be submitted on a USB flash drive or via Dropbox. The sources and uses of the proforma, operating proforma and any other budget spread sheet must be submitted in Excel format. Deliver to City of Dublin, Community Development Department Attn.: Housing Division 100 Civic Plaza Dublin, CA 94568 HousingInfo@dublin.ca.gov Inquiries/Questions All inquiries and/or questions regarding this NOFA must be submitted no later than September 6, 2020, and directed to: Jim Bergdoll, Senior Planner, at jim.bergdoll@dublin.ca.gov or (925) 833-6610 Pre-Proposal Meeting Applicants are encouraged to attend a Pre-Proposal meeting on this NOFA: Date: August 4, 2020 Time: 3:00 p.m. Location: Due to the on-going COVID-19 health crisis, the Pre-Proposal meeting will be held via Zoom Video Communications. Please contact Jim Bergdoll at the e-mail address noted above by noon August 3, 2020, to receive a link to the meeting. 481 City of Dublin—Notice of Funding Availability – July 2020 Page 11 Proposal Process Timeline The tentative timeline for evaluating and selecting proposals is presented below: NOFA SCHEDULE EVENT DATE NOFA Released July 17, 2020 Pre-Proposal Meeting August 4, 2020 Proposals Due September 18, 2020, 5:00 p.m. Initial Review of Proposals Completed October 9, 2020 Additional Materials Due from Finalist(s) October 30, 2020 Applicant Interviews, if necessary November 2020 City Council Consideration of Applicant Selection December 2020 Loan, Regulatory Agreements, Negotiation, Securing of A-1 Bond Funds Spring 2021 Public Record Under the California Public Records Act (PRA), ALL DOCUMENTS SUBMITTED IN RESPONSE TO THIS NOFA ARE CONSIDERED PUBLIC RECORDS AND WILL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST, unless withheld from disclosure for the City’s sole and exclusive benefit pursuant to an exception to disclosure under the PRA or other applicable law. Please do not include confidential information or information that may violate the privacy or intellectual property rights of a third party. Right to Reject Proposals The City reserves the right to reject any and all proposals for any reason, and at its sole discretion. The City reserves the right to alter the guidelines in the NOFA at any time, at its discretion. V. BACKGROUND RESOURCES 1. City of Dublin General Plan: https://dublin.ca.gov/171/General-Plan 2. Housing Element 2015-23: https://dublin.ca.gov/1516/Housing-Element 3. Eastern Dublin Specific Plan: https://dublin.ca.gov/DocumentCenter/View/7776/EDSP- 2016-Update-Full-PDF?bidId= 4. Downtown Dublin Specific Plan: https://dublin.ca.gov/DocumentCenter/View/7859/Amended_DDSP_Dec_2019?bidId= 5. Interactive GIS Portal: https://gis.dublin.ca.gov/Html5Viewer/ 6. Dublin Development Activity: https://dublin.ca.gov/174/Development-Activity 3558099.1 482 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 1 PROJECT DESCRIPTION Provide a written description of the proposed project, scale of development (number stories), type of construction, size, use of proposed tenants of commercial component (if applicable), occupancy restrictions, number and size of units, number of parking spaces, and type of amenities; We are proposing a phased master plan on 3.7 acres adjacent to the West Dublin BART station. The initial plan includes three phases with the following attributes: Phase 1 Affordable 77 units 62 parking spaces 6 levels (1 pkg) Phase 2 Affordable 75 units 80 parking spaces 6 levels (1 pkg) Phase 3 Market Rate 182 units 304 parking spaces 7 levels (2 pkg) Total 334 units 446 parking spaces The attached conceptual site plan shows detail detailed data including the unit mix, unit sizes, and size of amenities for each building. BRIDGE has just had preliminary design work done and plans to implement some design changes that will increase financial feasibility and unit count. Affordability in Phase 1a will have a range of incomes and rents with an average affordability of 35% in order to be competitive for MHP funds from CA HCD, and also be compliant with Alameda Count A-1 funds. We anticipate a 30% set-aside for a special needs population that could include formerly homeless individuals/families and/or veterans. We will include a service enriched environment for this population to help insure their success, and will provide resident services to the entire building in order to build community and foster personal, financial and educational growth. We are open to discussing the specifics of this population with the City of Dublin to better meet local needs and housing goals. Phase 2 affordability is not yet determined, but will likely also include a similar mix of affordability. Amenities for the affordable phases will include common areas (both indoor and on the courtyard podium deck), counseling suites, recreational facilities, play areas, BBQ areas, and secure parking. Parking will be provided in the ground level garage in mechanical lifts. The site plan provides individual stoops, building lobbies, and amenities on Lane A, Entry Drive and Golden Gate Drive to help create a pedestrian streetscape and reinforce the emerging neighborhood. Private open space will be provided on the second level courtyard in each building. We propose to build a LEED Silver buildings or the equivalent Green Point Rating. All buildings will include transit reader boards in the lobbies to promote transit ridership. Market rate units in Phase 2 will include a more robust amenity package commensurate with market requirements. Provide basic site information such as property address, Assessor’s Parcel Number, 483 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 2 square footage, existing uses, current General Plan land use designation and zoning, and indicate if the proposed project is consistent with the existing General Plan land use designation and zoning, or if a General Plan Amendment and Rezoning are required; The property is located at 6501 Golden Gate Drive listed by Alameda County as parcel numbers 941-2842-4 and 941-2842-2. The site is approximately 3.77 acres and within the Downtown Dublin Zoning District and will be consistent with the Downtown Dublin Specific Plan and applicable state density bonus laws. 484 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 3 Describe the property location, neighborhood, transportations options, local services and amenities (full-service grocery store, neighborhood park, pharmacy, medical facility, schools, etc.) within close proximity to the site (include distance, e.g., ¼ mile, ½ mile); The property is located directly adjacent to the West Dublin BART station, and is one of the last remaining vacant parcels near BART. This location is the foundation to a sustainably developed mixed-income community. This location is very well positioned to 485 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 4 provide rich transportation options, and robust local and neighborhood amenities. The chart below outlines the distances to the various community amenities that residents will have close access to; a. Provide a graphic depiction of the proposed project consisting of a preliminary site plan and conceptual architecture. Overly detailed architectural renderings or glossy material are discouraged in response to this NOFA; Attached is a preliminary architectural site plan and data table describing the project phasing, unit mix, size of amenities, and proposed parking. We have not presented conceptual architecture at this early stage, but would be happy to provide some precedent images showing architectural themes, materials and details that could begin to describe proposed architecture at Golden Gate Drive. This initial site plan does provide proof of concept that the property has a carrying capacity of up to 334 apartments and associated amenities in a phased master plan that can respond to the current and future economic conditions. b. Describe how the project will be managed. Also, provide a list of rental projects that are currently under the company’s management. Include each property’s location, number of units and number of affordable units. BRIDGE formed BRIDGE Property Management Company (BPMC) in 1987 as a financially independent but affiliated nonprofit tax-exempt management company to ensure that the award- winning quality of BRIDGE’s developments would be maintained over time. Revenues from the Transporation Options Distance (walking) West Dublin Bart Station - BART Directly Adjacent West Dublin Bart Station - WHEELS Directly Adjacent Dublin Blvd & Golden Gate Dr - WHEELS 0.2m Local Services and Amentities Safeway 0.4mi Dublin Heritage Park 0.8mi Dublin Sports Grounds 1.1mi Dublin Civic Center 1.1mi Dublin Library 1.1mi Schools Neilsen Elementary 1.4mi Fairlands Elemnetary 3.7mi Valley High School 1.1mi Wells Middle School 1.4mi Healthcare CVS Pharmacy 0.6mi Kaiser- South 0.9mi 486 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 5 company, in excess of costs, are devoted to aid residents, and to provide supportive social services. BPMC currently manages and co-manages more than 9,000 residential units. BPMC also manages over 300,000 square feet of commercial space within our buildings. BRIDGE’s experience as a building owner for thirty years has provided insight into how to build efficient, sustainable buildings that can be maintained well into the future, while providing a high quality living environment for our residents. BRIDGE currently implements standards for overall site design, building envelope and systems, and unit and common area layouts and finishes, and these are continually updated with feedback from our existing building performance and resident input. Our Approach for West Dublin Bart Our management mission for West Dublin Bart will be to place special emphasis on a comprehensive management plan including:  Compliance – We employ five full-time Compliance Department staff who review and approve resident files and provide valuable ongoing training in both areas. The Compliance staff also conducts regular spot audits of all communities to ensure ongoing compliance.  Maintenance – We have extensive experience in long-term management and budgeting and with our knowledge of maintenance and operational requirements include maintenance work order systems, preventive maintenance plans and cost effective use of vendors and maintenance staff.  Marketing and Waitlist management – Our approach to marketing and rent-up utilizes a range of targeted advertising and promotional activities selected to effectively reach potentially qualified applicants. In addition, we develop community based outreach programs in an effort to attract qualified potential tenants.  Accounting and financial reporting – We use MRI software for on and offsite accounting. We provide owners monthly accounting reports and operating budgets drafted sixty days prior to the end of the fiscal year. The accounting system for our portfolio meets all generally accepted accounting principles.  Resident Services – We have invested a great deal in gaining expertise in this kind of community building. In many locations, our staff works closely with local governmental and community-based agencies to coordinate or enhance provision of these services for residents. The company’s management style is flexible in order to meet the needs of the resident at the property including meeting with the residents to understand their needs and supporting resident organizations to help empower them to be an integral part of their community. Property Location Type Units Property Management Contract Asset Management Only 25 Sanchez, Mission San Francisco Senior 90 90 487 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 6 255 Woodside, Mission San Francisco Senior 110 110 462 Duboce, Mission San Francisco Senior 42 42 474 Natoma Apartments San Francisco Family 60 60 Acorn I and II Oakland Family 206 206 Acorn III Oakland Family 87 87 Almaden Lake Apartments San Jose Family 144 144 Alta Torre Palo Alto Senior 56 56 Alto Station Mill Valley Family 17 17 Armstrong Place Senior Housing San Francisco Senior 116 116 Arroyo Point Santa Rosa Family 70 70 AveVista Oakland Family 68 68 Belvedere Place San Rafael Family 26 26 Casa Vista San Rafael Family 40 40 Celadon at 9th & Broadway 4% San Diego Family 121 121 Celadon at 9th & Broadway 9% San Diego SRO 129 129 Centertown San Rafael Family 60 60 Chelsea Gardens Santa Rosa Family and Senior 120 120 Chestnut Creek South San Francisco Senior 40 40 Chestnut Linden Court Oakland Family 151 151 Coggins Square Walnut Creek Family 87 87 Coleridge Park San Francisco Senior 49 49 Copper Creek 4% San Marcos Family 156 156 Copper Creek 9% San Marcos Family 48 48 Coronado Springs Seattle Family 332 332 Cottonwood Creek Suisun City Family 94 94 Doretha Mitchell Marin City Family 30 30 Dove Canyon San Diego Family 120 120 Emery Villa Emeryville Senior 50 50 Fell Street Apartments San Francisco Family 82 82 Foothill Farms Sacramento Senior 138 138 Geraldine Johnson San Francisco Senior 54 54 Grand Oak South San Francisco Family 43 43 Grayson Creek Pleasant Hill Family 70 70 Heritage Park Livermore Family 167 Holly Courts, Bernal San Francisco Family 118 118 Hunt's Grove St. Helena Family 56 56 Ironhorse at Central Station Oakland Family 99 99 488 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 7 Irvington Terrace Fremont Family 100 100 Ivy at College Park Chino Family 135 135 Kentfield Stockton Family 90 90 La Pradera Calistoga Family 48 48 Laguna Canyon Irvine Family 120 120 Mabuhay Court San Jose Senior 96 96 Madera Vista Phase 1 & 2 Temecula Family 80 80 Magnolia Plaza South San Francisco Senior 125 125 Mandela Gateway Apartments Oakland Family 168 168 Marina Tower Annex Vallejo Senior 57 57 Marina Tower Apartments Vallejo Senior 155 155 Metro Center Foster City Senior 60 60 Montevista Apartments Milpitas Mixed Income Family 306 306 Mural Apartments Oakland Family 90 90 North Beach Place San Francisco Family and Senior 341 341 Northpoint Village Apartments I Santa Rosa Family 70 70 Northpoint Village Apartments II Santa Rosa Family 40 40 Oak Circle San Jose Senior 100 100 Ocean View Pacifica Senior 100 100 Ohlone Court San Jose Family 135 135 One Church Street San Francisco Family 93 93 Pacific Oaks Pacifica Senior 104 104 Paseo at COMM22 San Diego Family 130 130 Peninsula Park E. Palo Alto Mixed Income Family 129 129 Pickleweed Mill Valley Family 32 32 Pinole Grove Senior Housing Pinole Senior 70 70 Poinsettia Station Carlsbad Family 92 92 Pottery Court Lake Elsinore Family 113 113 Redwood Shores Vallejo Senior 120 120 Richmond City Center Apartments Richmond Family 64 64 Rotary Valley San Rafael Senior 80 80 Sage Canyon San Marcos Family 72 72 Sage Park Los Angeles Family 90 90 San Paulo Apartments Irvine Mixed Income Family 382 382 San Rafael Commons San Rafael Senior 83 83 489 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 8 Santa Alicia Irvine Family 84 84 Silverado Creek Napa Family 102 102 Sitka Portland Mixed Income Family 209 209 St. Joseph's Senior Apartments Oakland Senior 84 84 Steamboat Point Apartments San Francisco Family 108 108 Strobridge Court Castro Valley Family and Senior 96 96 Susanne B. Wilson Residence San Jose Family 63 63 Sycamore Place Danville Senior 74 74 Terra Cotta San Marcos Family 168 168 Terraza Palmera at St. Joseph's Oakland Family 62 62 The Abigail Portland Mixed Income Family 155 155 The Arbors Hercules Senior 60 60 The Carquinez Richmond Senior 36 36 The Coronet San Francisco Senior 150 150 The Fountains Mountain View Family 124 124 The Parkview Pleasanton Senior 105 105 The Peninsula Regent San Mateo Supportive 207 207 The Rivermark West Sacramento Family 70 70 Torrey Del Mar San Diego Family 112 112 Tressa Apartments Seattle Family 474 474 Trestle Glen Colma Family 119 119 Victoria at COMM22 San Diego Senior 70 70 Villa Loma Apartments Carlsbad Family 344 344 Visitacion Gardens Brisbane Senior 14 14 Windrow Irvine Family 96 96 Woodbury Walk Irvine Family 150 150 Woodland Park Portland Family and Senior 111 111 Woods Grove Pittsburg Family 80 80 TOTAL 11,143 8,351 2,625 490 Architecture + Planning580 Second St., Suite 200Oakland, CA 94607510.272.2910ktgy.comDUBLIN, CA # 2020-0854GOLDEN GATE BARTCONCEPTUAL DESIGNOCTOBER 8, 2020A0.0PROJECT DATA0163264491 LobbyLobbyGolden Gate DrA""""A-Lane AhAArchitecture + Planning580 Second St., Suite 200Oakland, CA 94607510.272.2910ktgy.comDUBLIN, CA # 2020-0854GOLDEN GATE BARTCONCEPTUAL DESIGNOCTOBER 8, 2020A0.1SITE PARCEL DIVISIONSNTSLobby30 2LP Stacks +2 Accessible Stalls(62 parking spots)Garage EntryEntA54'-10'-0"0-15'-0"Trash/BOHP3-2P3-2AmenityA-Parcel Phase 1-AArea: 37,005 sf(0.85 acres)LobbyGarage EntryTrash/BOHLane AHammer39 2LP Stacks +2 Accessible Stalls(80 parking spots)AmenityUtilityLane ArhParcel Phase 1-BArea: 37,604 sf(0.86 acres)LobbyGarage Level 1Entry46 2LP Stacks + 39 3LP Stacks +ks + 395 Accessible StallstallsTotal 214 Parking SpotsUPUtilityry DrLane Ahead Dr-0"10'-0"-0'-001Trash/BOHsh/BOP1-3P1-3P2-4P2-4enity/enitAmenenve Useve ActiveveUtilityP1-3P1-3P1-3PPP2-410'-00Lane Ah-A-Lane AhAParcel Phase 2Area: 82,548 sf(1.89 acres)492 LobbbbybbbbLobbyLobby30 2LP Stacks +2 Accessible Stalls(62 pa(62 parking spots)(62 paGarage Level 1Entry46 2LP Stacks + 39 3LP Stacks +ks + 395 Accessib5 Accessib5 Accessible Stallstalls5 Accessib5 AccessibpotsTotal 214 Parking SpotspotspotspotsUPGarage ntryEnnnGarage EntryUtilitytilitysh/BOTrash/BOsh/BOHsh/BOsh/BOGolden Gate DrDEntry DrDDDLane ALane ALane ALane AHHHaHaHammerhead DHammerhe dmmerhead DHammerhe dHammerhe dHammerhead Drmmerhead D39 2LP Stacks +ccessiblccessible Stalls2 Accessiblccessiblccessiblots)ots)(80 parking spots)ots)ots)544'-0"440"0----------------''''000000000000000001111111----------0"----------------''''''0'0'000000000001111----------15' 0"15' 0"15' 0"15' 0"15 015' 0"15' 0"15' 0"15-015 015 015 015 015 015 015 015 015 015 015 0""0-00'-00-00-00-000000000000000000111111111sh/BTrash/Bsh/BOHsh/BOsh/Bsh/BTrasTrash/BOHTrasTrasTrasP3-2P3-23P1-33P1-3P2-4P2P2P2-4memenityAmemememeAmemenitymemeAAAenity/enitAmenenAAcccve Useve ctivevecUtilityyyyUtilitUtilitUtilitUtilityUtilitP1-3P1-3333P1-3PPPP2-4PP"10' 010' 010' 010' 010' 010 010' 010 010 010 010' 010-010-010-010-010-010 010 010-010 010 010 010-010 010 0"0000000000000Architecture + Planning580 Second St., Suite 200Oakland, CA 94607510.272.2910ktgy.comDUBLIN, CA # 2020-0854GOLDEN GATE BARTCONCEPTUAL DESIGNOCTOBER 8, 2020A1.0SITE PLAN0163264493 90 Parking SpotsDNOpen toOeeBelowBlleOpen toOpen toOpen toOpen tonnnneeeeBelowBelowelowwP2-44P1-3P2-4P2P2-4P1-3PP1-3P1-3P2-4-P1-3UtilitlitylitlitP0-1P3-0P1-0P0-1P0-1P0-1P3-1P2-0P3-0P1-1P1-1P1 1P1-0P1-P2-0P2-0P2-0P2-121P3-0P3 0P3 0P3 0P3 0P3-1P2-1P0-101P3-0P3-0P3-1P3-0P3P2-0P1-1P1-1P0 1P0 1P0-1P0 1P0-1P0 1P0 1P0-1P0-1P1-00P2-0P2-0AffordableBuilding 1-ACourtyardCoAffordableBuilding 1-BCouCourtyardCouCouArchitecture + Planning580 Second St., Suite 200Oakland, CA 94607510.272.2910ktgy.comDUBLIN, CA # 2020-0854GOLDEN GATE BARTCONCEPTUAL DESIGNOCTOBER 8, 2020A1.1LEVEL 2 PLAN0163264AFFORDABLE PHASE 1-AAFFORDABLE PHASE 1-BMARKET RATE PHASE 2494 P3-0P1-0P0-1P0-1P0-1P3-1P2-0P3-0P1-1P1-1P1 1P1-0P1-P2-0P2-0P2-0P2-121P3-0P3 0P3 0P3 0P3 0P3-1P2-1P0-101P3-0P3-0P3-1P3-0P3P2-0P1-1P1-1P0 1P0 1P0-1P0 1P0-1P0 1P0 1P0-1P0-1P1-00P2-0P2-0P2-0P2 0P2 0P2 0P2-0202020P2-0P0-1P0-1-1P0-1P0-1P1-0P1-0P1-0P1-0P1 0P1 0P1-0P1 0P1-0P0-1P1-0P1-0P1 0P1 0P1-0P1-0P3-1P2-0P1-010P2-2P1-1P2-2P2 2P2 2P1-111P2-2P1-1P1-1Market RateMarkeCourtyard AdAP1 1P1 1P1-1P1 1P1 1P1 1P1-1P1-1P1-1P1-1P1-1P1-1P1 1P1 1P1 1P0-1P0-1Level 3evAmenityenMaMarket RateMaMaCourtyard Byard Byard Byard BAffordableBuilding 1-ACourtyardCoAffordableBuilding 1-BCouCourtyardCouCouArchitecture + Planning580 Second St., Suite 200Oakland, CA 94607510.272.2910ktgy.comDUBLIN, CA # 2020-0854GOLDEN GATE BARTCONCEPTUAL DESIGNOCTOBER 8, 2020A1.2TYPICAL BUILDING PLAN0163264AFFORDABLE PHASE 1-AAFFORDABLE PHASE 1-BMARKET RATE PHASE 2495 Eden Housing 4. Preliminary Development Concept Eden takes great pride in creating unique developments that are authentic to the communities in which we operate. This community will be no different. The proposal below outlines our initial thoughts and vision to create an affordable community that will compliment and support this transit- oriented neighborhood in Downtown Dublin. A. Property Overview x AAddress: 7922 Dublin Boulevard x APN: 941-1500-28-2 x Size:63,540 SF x Current land use: Commercial building x Located within the Downtown Dublin Specific Plan and West Downton BART Specific Plan sub- area x General Plan Land Use Designation & Zoning: Downtown Dublin Specific Plan, Transit-Oriented District x Amenities: o Grocery store: Safeway, 7499 Dublin Blvd, Dublin, CA 94568 [½ mile] o Park: Mape Memorial Park, 11711 Mape Way, Dublin, CA 94568 [½ mile] o Pharmacy: CVS, 7201 Regional St, Dublin, CA 94568 [¼ mile] o Medical facility: Kaiser Pleasanton, 7601 Stoneridge Dr, Pleasanton, CA 94588 [1 mile] o Schools: Valley High School, 6901 York Dr, Dublin, CA 94568 [1 mile] o Transit: West Dublin BART [[½ mile] 21 496 Eden Housing B. Proposed Project Overview – Building Type, Height and Parking For this site, we envision a five-story building with one level of parking and four stories of housing on top. Using a conceptual building plan that creates two U-shaped buildings with private courtyards that open to the east, our initial analysis indicates that we could fit approximately 121 units. This design allows for 126 parking spaces, for a ratio just over 1 space per unit and in-line with parking ratios allowed under the State Density Bonus Law. However, if additional parking is desired, we could look at add parking lifts or stackers, a solution that Eden is constructing now in a project in Fremont. The first level, or podium level would be concrete construction with the upper floors constructed in wood (Type V). Note that it would be possible to add another floor of wood construction if we use Type IIIA and that would result in 154 units – however, given parking constraints, we have decided to focus our proposal on the 121 unit scenario but are open to further exploring increased density with the City and our design team. The project will include high quality amenities that are standard at Eden properties -- community rooms, computer learning centers, and well-appointed common outdoor podium courtyards. Anticipated Unit Affordability Mix & Tenant Population Eden has designed the affordable component to meet a “Large Family” project type under TCAC’s regulations in order to ensure maximum flexibility and competitiveness for various State programs. This essentially means that the development has the required number of three- and two-bedroom units (at least 25% of each). The conceptual unit mix is as follows: UUnit Type NNumber %% of total Studio 29 24% 1 bedroom 29 24% 2 bedroom 30 25% 3 bedroom 33 27% TTotal 1121 1100% The funding sources that we secure will ultimately inform the specific affordability levels of the project, but Eden anticipates delivering a mix of affordability levels as shown below. 22 497 Eden Housing AAMI level NNumber 20% AMI 5 45% AMI 27 50% AMI 64 60% AMI 24 Manager 1 TTotal 1121 Eden has not yet identified any specific tenant population, such as veterans, homeless, developmentally disabled, or other kind of special needs population. We would be happy to discuss possible tenant targeting with the City. Our assumed funding programs have no specific occupancy restrictions, and Eden would be happy to explore a live/work preference for Dublin residents/workers if desired. Management & Resident Services Eden Housing Management Inc. (EHMI) would provide property management services for the site, and Eden Housing Resident Services Inc. would provide on-site resident services. A list of all properties managed by EHMI is included as AAttachment C. Site Plans The diagrams below are rough site fit tests showing the possible configuration of parking and units on each floor. However, if selected, we would work with a design team to craft a tailored design for the site. These are meant to show proof of concept rather than final designs. The proposed concept is consistent with the General Plan and Zoning. Level 1 – Ground Floor Parking 23 498 Eden Housing Level 2 – Amenities & Residential Level 3-5 – Residential 24 499 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 1 PROJECT DESCRIPTION Provide a written description of the proposed project, scale of development (number stories), type of construction, size, use of proposed tenants of commercial component (if applicable), occupancy restrictions, number and size of units, number of parking spaces, and type of amenities; We are proposing a two phased approach on 3.6 acres adjacent to the West Dublin BART station. The initial plan includes two phases with the following attributes: Phase A Affordable 172 units 142 parking spaces 5 levels (1 pkg) Phase B Affordable 136 units 113 parking spaces 5 levels (1 pkg) Total 308 units 255 parking spaces The attached conceptual site plan shows detail detailed data including the unit mix, unit sizes, and size of amenities for each building. Affordability in the first affordable building will have a minimum of 30% set-aside for a special needs population that could include formerly homeless individuals/families and/or veterans. We will include a service enriched environment for this population to help insure their success, and will provide resident services to the entire building in order to build community and foster personal, financial and educational growth. We are open to discussing the specifics of this population with the City of Dublin to better meet local needs and housing goals. Phase B will be 100% affordable, but the detailed affordability matrix has not yet been determined. We anticipate Phase B will also include a similar mix of affordability as Phase A. Amenities for the affordable phases will include common areas (both indoor and on the courtyard podium deck), counseling suites, recreational facilities, play areas, BBQ areas, and secure parking. Parking will be provided in the ground level garage. The site plan provides individual stoops, building lobbies, and amenities on Lane A, Entry Drive and Golden Gate Drive to help create a pedestrian streetscape and reinforce the emerging neighborhood. Private open space will be provided on the second level courtyard in each building. BRIDGE has committed to build out the BART parcel adjacent to the landing for the pedestrian overcrossing, with an urban plaza that will act as a gateway to downtown Dublin. We propose to build a LEED Silver buildings or the equivalent Green Point Rating. All buildings will include transit reader boards in the lobbies to promote transit ridership. We will also build 2,200 sf of commercial space that will face Golden Gate Drive and open to the BART plaza, serving community residents that utilize the West Dublin BART station. Provide basic site information such as property address, Assessor’s Parcel Number, square footage, existing uses, current General Plan land use designation and zoning, and indicate if the proposed project is consistent with the existing General Plan land use Attachment 3 500 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 2 designation and zoning, or if a General Plan Amendment and Rezoning are required; The property is located at 6501 Golden Gate Drive listed by Alameda County as parcel numbers 941-2842-4 and 941-2842-2. The site is approximately 3.6 acres and within the Downtown Dublin Zoning District and will be consistent with the Downtown Dublin Specific Plan and applicable state density bonus laws. 501 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 3 Describe the property location, neighborhood, transportations options, local services and amenities (full-service grocery store, neighborhood park, pharmacy, medical facility, schools, etc.) within close proximity to the site (include distance, e.g., ¼ mile, ½ mile); The property is located directly adjacent to the West Dublin BART station, and is one of the last remaining vacant parcels near BART. This location is the foundation to a sustainably developed mixed-income community. This location is very well positioned to provide rich transportation options, and robust local and neighborhood amenities. The chart below outlines the distances to the various community amenities that residents will have close access to; 502 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 4 a. Provide a graphic depiction of the proposed project consisting of a preliminary site plan and conceptual architecture. Overly detailed architectural renderings or glossy material are discouraged in response to this NOFA; Attached is a preliminary architectural site plan and data table describing the project phasing, unit mix, size of amenities, and proposed parking. b. Describe how the project will be managed. Also, provide a list of rental projects that are currently under the company’s management. Include each property’s location, number of units and number of affordable units. BRIDGE formed BRIDGE Property Management Company (BPMC) in 1987 as a financially independent but affiliated nonprofit tax-exempt management company to ensure that the award- winning quality of BRIDGE’s developments would be maintained over time. Revenues from the company, in excess of costs, are devoted to aid residents, and to provide supportive social services. BPMC currently manages and co-manages more than 9,000 residential units. BPMC also manages over 300,000 square feet of commercial space within our buildings. BRIDGE’s experience as a building owner for thirty years has provided insight into how to build efficient, sustainable buildings that can be maintained well into the future, while providing a high quality living environment for our residents. BRIDGE currently implements standards for overall site design, building envelope and systems, and unit and common area layouts and finishes, and Transporation Options Distance (walking) West Dublin Bart Station - BART Directly Adjacent West Dublin Bart Station - WHEELS Directly Adjacent Dublin Blvd & Golden Gate Dr - WHEELS 0.2m Local Services and Amentities Safeway 0.4mi Dublin Heritage Park 0.8mi Dublin Sports Grounds 1.1mi Dublin Civic Center 1.1mi Dublin Library 1.1mi Schools Neilsen Elementary 1.4mi Fairlands Elemnetary 3.7mi Valley High School 1.1mi Wells Middle School 1.4mi Healthcare CVS Pharmacy 0.6mi Kaiser- South 0.9mi 503 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 5 these are continually updated with feedback from our existing building performance and resident input. Our Approach for West Dublin Bart Our management mission for West Dublin Bart will be to place special emphasis on a comprehensive management plan including:  Compliance – We employ five full-time Compliance Department staff who review and approve resident files and provide valuable ongoing training in both areas. The Compliance staff also conducts regular spot audits of all communities to ensure ongoing compliance.  Maintenance – We have extensive experience in long-term management and budgeting and with our knowledge of maintenance and operational requirements include maintenance work order systems, preventive maintenance plans and cost effective use of vendors and maintenance staff.  Marketing and Waitlist management – Our approach to marketing and rent-up utilizes a range of targeted advertising and promotional activities selected to effectively reach potentially qualified applicants. In addition, we develop community based outreach programs in an effort to attract qualified potential tenants.  Accounting and financial reporting – We use MRI software for on and offsite accounting. We provide owners monthly accounting reports and operating budgets drafted sixty days prior to the end of the fiscal year. The accounting system for our portfolio meets all generally accepted accounting principles.  Resident Services – We have invested a great deal in gaining expertise in this kind of community building. In many locations, our staff works closely with local governmental and community-based agencies to coordinate or enhance provision of these services for residents. The company’s management style is flexible in order to meet the needs of the resident at the property including meeting with the residents to understand their needs and supporting resident organizations to help empower them to be an integral part of their community. Property Location Type Units Property Management Contract Asset Management Only 25 Sanchez, Mission San Francisco Senior 90 90 255 Woodside, Mission San Francisco Senior 110 110 462 Duboce, Mission San Francisco Senior 42 42 474 Natoma Apartments San Francisco Family 60 60 Acorn I and II Oakland Family 206 206 Acorn III Oakland Family 87 87 Almaden Lake Apartments San Jose Family 144 144 Alta Torre Palo Alto Senior 56 56 504 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 6 Alto Station Mill Valley Family 17 17 Armstrong Place Senior Housing San Francisco Senior 116 116 Arroyo Point Santa Rosa Family 70 70 AveVista Oakland Family 68 68 Belvedere Place San Rafael Family 26 26 Casa Vista San Rafael Family 40 40 Celadon at 9th & Broadway 4% San Diego Family 121 121 Celadon at 9th & Broadway 9% San Diego SRO 129 129 Centertown San Rafael Family 60 60 Chelsea Gardens Santa Rosa Family and Senior 120 120 Chestnut Creek South San Francisco Senior 40 40 Chestnut Linden Court Oakland Family 151 151 Coggins Square Walnut Creek Family 87 87 Coleridge Park San Francisco Senior 49 49 Copper Creek 4% San Marcos Family 156 156 Copper Creek 9% San Marcos Family 48 48 Coronado Springs Seattle Family 332 332 Cottonwood Creek Suisun City Family 94 94 Doretha Mitchell Marin City Family 30 30 Dove Canyon San Diego Family 120 120 Emery Villa Emeryville Senior 50 50 Fell Street Apartments San Francisco Family 82 82 Foothill Farms Sacramento Senior 138 138 Geraldine Johnson San Francisco Senior 54 54 Grand Oak South San Francisco Family 43 43 Grayson Creek Pleasant Hill Family 70 70 Heritage Park Livermore Family 167 Holly Courts, Bernal San Francisco Family 118 118 Hunt's Grove St. Helena Family 56 56 Ironhorse at Central Station Oakland Family 99 99 Irvington Terrace Fremont Family 100 100 Ivy at College Park Chino Family 135 135 Kentfield Stockton Family 90 90 La Pradera Calistoga Family 48 48 Laguna Canyon Irvine Family 120 120 Mabuhay Court San Jose Senior 96 96 Madera Vista Phase 1 & 2 Temecula Family 80 80 505 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 7 Magnolia Plaza South San Francisco Senior 125 125 Mandela Gateway Apartments Oakland Family 168 168 Marina Tower Annex Vallejo Senior 57 57 Marina Tower Apartments Vallejo Senior 155 155 Metro Center Foster City Senior 60 60 Montevista Apartments Milpitas Mixed Income Family 306 306 Mural Apartments Oakland Family 90 90 North Beach Place San Francisco Family and Senior 341 341 Northpoint Village Apartments I Santa Rosa Family 70 70 Northpoint Village Apartments II Santa Rosa Family 40 40 Oak Circle San Jose Senior 100 100 Ocean View Pacifica Senior 100 100 Ohlone Court San Jose Family 135 135 One Church Street San Francisco Family 93 93 Pacific Oaks Pacifica Senior 104 104 Paseo at COMM22 San Diego Family 130 130 Peninsula Park E. Palo Alto Mixed Income Family 129 129 Pickleweed Mill Valley Family 32 32 Pinole Grove Senior Housing Pinole Senior 70 70 Poinsettia Station Carlsbad Family 92 92 Pottery Court Lake Elsinore Family 113 113 Redwood Shores Vallejo Senior 120 120 Richmond City Center Apartments Richmond Family 64 64 Rotary Valley San Rafael Senior 80 80 Sage Canyon San Marcos Family 72 72 Sage Park Los Angeles Family 90 90 San Paulo Apartments Irvine Mixed Income Family 382 382 San Rafael Commons San Rafael Senior 83 83 Santa Alicia Irvine Family 84 84 Silverado Creek Napa Family 102 102 Sitka Portland Mixed Income Family 209 209 St. Joseph's Senior Apartments Oakland Senior 84 84 506 W EST D U BL I N BART PR O J ECT D ESC R IPT IO N 8 Steamboat Point Apartments San Francisco Family 108 108 Strobridge Court Castro Valley Family and Senior 96 96 Susanne B. Wilson Residence San Jose Family 63 63 Sycamore Place Danville Senior 74 74 Terra Cotta San Marcos Family 168 168 Terraza Palmera at St. Joseph's Oakland Family 62 62 The Abigail Portland Mixed Income Family 155 155 The Arbors Hercules Senior 60 60 The Carquinez Richmond Senior 36 36 The Coronet San Francisco Senior 150 150 The Fountains Mountain View Family 124 124 The Parkview Pleasanton Senior 105 105 The Peninsula Regent San Mateo Supportive 207 207 The Rivermark West Sacramento Family 70 70 Torrey Del Mar San Diego Family 112 112 Tressa Apartments Seattle Family 474 474 Trestle Glen Colma Family 119 119 Victoria at COMM22 San Diego Senior 70 70 Villa Loma Apartments Carlsbad Family 344 344 Visitacion Gardens Brisbane Senior 14 14 Windrow Irvine Family 96 96 Woodbury Walk Irvine Family 150 150 Woodland Park Portland Family and Senior 111 111 Woods Grove Pittsburg Family 80 80 TOTAL 11,143 8,351 2,625 507 W EST D U BL I N BART F I N AN C I N G PL AN 1 FINACING PLAN Provide a narrative description of the proposed method of financing the proposed project including all sources of debt and equity. In the case of a proposed tax credit project, identify the assumed tax credit pricing/cents on the dollar projected in the proposed project’s sources and uses. Given the competitive nature of many of the available county, state and federal funding programs, the narrative should describe the Applicant's approach to alternative financing scenarios as a contingency to the preferred plan. With the City and County commitment of funds under this NOFA, BRIDGE commits to build no less than a 136 unit project of which 30% of the units will serve special needs or formerly homeless households and the overall project will serve incomes no greater than an average of 60% AMI. 20% AMI 40% AMI 50% AMI 60% Totals Studio 32 32 1BR 9 3 10 10 32 2BR 6 15 15 36 3BR 6 15 15 36 Totals 41 15 40 40 136 Our current financing plan assumes 4% tax credits and tax-exempt bonds for the project. The Building will additionally pursue state HCD Multi Family Housing (MHP) and No Place Like Home (NPLH) program funds (fitting the profile for extremely-low and very-low income households). Funding for the first building will be augmented by AHP funds, GP Equity and deferred developer fee. Our underwriting approach uses currently achievable terms for both financing and for project costs, unless otherwise noted. We acknowledge that rates or investment yields may shift between now and commencement of construction, but for the best assessment of where the project stands financially, we have chosen to use today’s rates and terms for debt, equity, rents, and operating expenses, while construction costs are based on a future start with an escalation. The team’s financial analysis uses market terms and pricing for both financing and project costs; we have chosen to use today’s relatively unfavorable tax credit equity rates & pricing but debt rates slightly higher than today’s historically low construction and permanent debt rates. Assumptions regarding financing sources, development costs, and other key underwriting factors are listed below. Capital Market Assumptions; Tax Credits 4.00% Credit Rate as of March 2020 and Pricing of $0.90 Permanent Debt 35Y Amortization 1.20DSCR and 4.00% interest rate Construction Debt 3% Interest Rate 508 W EST D U BL I N BART F I N AN C I N G PL AN 2 BRIDGE is targeting the first project to be competitive for MHP and NPLH serving a very low income population group. If state funding programs change and MHP and NPLH are not an option, given the proximity to transit and infill location we are confident that we can make design changes to be competitive for other programs such as Affordable Housing Sustainable Communities (AHSC) and Infill Infrastructure Grant (IIG). BRIDGE has been successful in securing funding from these programs in the past. Total development cost budget, itemized for each component of the project, identifying predevelopment costs, estimates of land acquisition and site preparation costs (if applicable), direct construction costs (for each component) and all indirect and financing costs, including developer fee, construction escalation, design contingency, and construction contingency of no less than 10 percent; and A complete sources and uses of funds table for both construction and permanent financing for each component of the project. The table should clearly indicate the amount of requested affordable housing financial assistance and the proposed repayment terms of such assistance. A.DEVELOPMENT BUDGET SUMMARY Total Per Per Per Description Amount Resid. Unit Resid. NSF Resid GSF -------------------------------------------------------------------------------------------------------- Acquisition & Related $4,561,000 $33,785 $39.4 $28.0 Holding Costs $0 $0 $0.0 $0.0 subtotal $4,561,000 $33,785 $39.4 $28.0 Construction $62,785,650 $465,079 $542.0 $385.1 Offsites $0 $0 $0.0 $0.0 Furnishings and Equipment $180,000 $1,333 $1.6 $1.1 Hard Cost Contingency $6,278,565 $46,508 $54.2 $38.5 subtotal $69,244,215 $512,920 $597.7 $424.7 Architecture/Engineering $2,302,677 $17,057 $19.9 $14.1 Permits and Fees $8,362,386 $61,944 $72.2 $51.3 Construction Loan Interest/Fees $4,358,077 $32,282 $37.6 $26.7 Bond Cost of Issuance $169,106 $1,253 $1.5 $1.0 Permanent Loan Fees/Costs (Incl. In Bond COI)$0 $0 $0.0 $0.0 Legal $90,000 $667 $0.8 $0.6 Appraisal/Market Study $22,500 $167 $0.2 $0.1 Marketing/Lease-up $326,287 $2,417 $2.8 $2.0 Title/Audit/Cost Certification $100,000 $741 $0.9 $0.6 Insurance $1,200,554 $8,893 $10.4 $7.4 Property Taxes $72,767 $539 $0.6 $0.4 Soft Cost Contingency and Reserves $2,106,540 $15,604 $18.2 $12.9 subtotal $19,110,893 $141,562 $165.0 $117.2 Syndication Costs, Developer Fee & Contribution $13,050,334 $96,669 $112.7 $80.0 ------------------------------------------------------------------------ TOTAL DEVELOPMENT COSTS $105,966,442 $784,937 $914.7 $649.9 ========= ========= ========= ========= 509 W EST D U BL I N BART F I N AN C I N G PL AN 3 Sources of Funds Soft Loan Rate Amount Term Hard Payment Cash Flow Participation Permanent Mortgage No 4.00%$7,410,573 35 Yes City of Dublin / County Funds Yes 3%$10,000,000 55 No 50% Pari-Passu with Soft Loans HCD NPLH Yes 3%$15,000,000 55 0.42%50% Pari-Passu with Soft Loans FHLB AHP Grant 0%$1,200,000 No HCD MHP Yes 3%$16,709,649 55 0.42%50% Pari-Passu with Soft Loans Investor Equity - 4% Federal Credit $45,237,077 BRIDGE GP Contribution $9,760,692 Deferred Developer Fee $648,450 Uses of Funds Acquisition $4,561,000 $4,561,000 Construction $69,244,215 $69,244,215 Off-Site Improvements $0 $0 A/E, Permits $10,665,063 $10,665,063 Indirect Expenses $1,729,340 $1,739,340 Financing and Carry Costs $4,527,182 $4,527,182 Other (Prop. taxes + Soft Cost Contingency)$1,685,324 $2,179,308 Developer Fee + Syndication Costs $891,192 $13,050,334 -------------------------------------------- TOTAL USES $93,303,317 $105,966,442 510 W Dublin Project West Dublin 136 units Gross Building Area 164,546 Total Number of Units (Affordable)135 Residential Net Area 115,846 Number of Parking Spaces 113 A.DEVELOPMENT BUDGET SUMMARY C.FINANCING ASSUMPTIONS D.FIVE YEAR CASH FLOW Total Per Per Per Description Amount Resid. Unit Resid. NSF Resid GSF CONSTRUCTION LOAN Description 2023 2024 2025 2026 2027 --------------------------------------------------------------------------------------------------------Lender:TBD Acquisition & Related $4,561,000 $33,785 $39.4 $28.0 Loan Amount:$77,579,609 48,335,044$ Tenant Rental Income - Affordable 2.50%$1,098,211 $1,125,666 $1,153,808 $1,182,653 $1,212,220 Holding Costs $0 $0 $0.0 $0.0 Loan Term:27 mos Tenant Rental Income - PBV 2.50%$1,045,865 $1,072,011 $1,098,812 $1,126,282 $1,154,439 subtotal $4,561,000 $33,785 $39.4 $28.0 LIBOR (30-day)0.75%Tenant Rental Income - Market 3.00%$0 $0 $0 $0 $0 Construction $62,785,650 $465,079 $542.0 $385.1 Spread 1.45%Rental Income - Commercial 3.00%$0 $0 $0 $0 $0 Offsites $0 $0 $0.0 $0.0 Cushion 0.80%Misc. Income 2.50%$19,440 $19,926 $20,424 $20,935 $21,458 Furnishings and Equipment $180,000 $1,333 $1.6 $1.1 Note Rate:3.00%------------------------------------------------------------------------------------------ Hard Cost Contingency $6,278,565 $46,508 $54.2 $38.5 > 50% Basis plus land?76.6%Gross Scheduled Income $2,163,516 $2,217,604 $2,273,044 $2,329,870 $2,388,117 subtotal $69,244,215 $512,920 $597.7 $424.7 less Vacancy/Collection Loss - Residential 5.00%($108,176)($110,880)($113,652)($116,494)($119,406) Architecture/Engineering $2,302,677 $17,057 $19.9 $14.1 less Vacancy/Collection Loss - Comm 5.00%$0 $0 $0 $0 $0 Permits and Fees $8,362,386 $61,944 $72.2 $51.3 PERMANENT DEBT ------------------------------------------------------------------------------------------ Construction Loan Interest/Fees $4,358,077 $32,282 $37.6 $26.7 Lender:TBD Effective Gross Income $2,055,340 $2,106,724 $2,159,392 $2,213,377 $2,268,711 Bond Cost of Issuance $169,106 $1,253 $1.5 $1.0 Loan Amount:$7,410,573.44 less Operating Expenses Residential 3.50%($1,227,926)($1,270,903)($1,315,385)($1,361,423)($1,409,073) Permanent Loan Fees/Costs (Incl. In Bond COI)$0 $0 $0.0 $0.0 Loan Term:35 less Operating Expenses Commercial 3.50%$0 $0 $0 $0 $0 Legal $90,000 $667 $0.8 $0.6 10 Year Treasury 1.50%less Resident Services 3.50%($75,000)($77,625)($80,342)($83,154)($86,064) Appraisal/Market Study $22,500 $167 $0.2 $0.1 Spread 2.00%less Property Taxes 2.00%$0 $0 $0 $0 $0 Marketing/Lease-up $326,287 $2,417 $2.8 $2.0 Cushion 0.50%less Replacement Reserves 3.50%($47,250)($48,904)($50,615)($52,387)($54,220) Title/Audit/Cost Certification $100,000 $741 $0.9 $0.6 Note Rate:4.00%Ground Lease 2.00%($41,107)($42,134)($43,188)($44,268)($45,374) Insurance $1,200,554 $8,893 $10.4 $7.4 Payment (annual):$397,039 less City and County Monitoring Fees 0.00%($47,250)($47,250)($47,250)($47,250)($47,250) Property Taxes $72,767 $539 $0.6 $0.4 DCR:1.20 0 0.00%$0 $0 $0 $0 $0 Soft Cost Contingency and Reserves $2,106,540 $15,604 $18.2 $12.9 ------------------------------------------------------------------------------------------ subtotal $19,110,893 $141,562 $165.0 $117.2 INVESTOR EQUITY - FEDERAL CREDIT Net Operating Income $476,446 $479,546 $482,251 $484,534 $486,368 Syndication Costs, Developer Fee & Contribution $13,050,334 $96,669 $112.7 $80.0 Net Rate 0.90 Total Hard Debt Payments ($397,039)($397,039)($397,039)($397,039)($397,039) ------------------------------------------------------------------------Net Pay-in $45,237,077 Distributable Cash Flow $79,408 $82,507 $85,212 $87,495 $89,329 TOTAL DEVELOPMENT COSTS $105,966,442 $784,937 $914.7 $649.9 Initial Pay-in $4,523,708 less PM, AM Fees & Add'l Rep Reserve ($34,000)($34,000)($34,000)($34,000)($34,000) ========= ========= ========= =========Credit Rate 4.00%Net Cash Flow $45,408 $48,507 $51,212 $53,495 $55,329 check -$ Annual Federal Credits $5,026,845 Cash Flow Distribution ------------------------------------------------------------------------------------------ Deferred Developer Fee $648,450 $45,408 $48,507 $51,212 $53,495 $55,329 B.SOURCES AND USES Construction Permanent HCD MHP Incentive Management Fee to GP 50%$0 $0 $0 $0 $0 Sources of Funds Period Period Loan Amount:$16,709,649 N/A 0%$0 $0 $0 $0 $0 Permanent Mortgage $7,410,573 Loan Term:55 Pari-Passu to Other Soft Lenders 50%$0 $0 $0 $0 $0 Construction Loan $77,579,609 $0 Note Rate:3.00%To Investor 0%$0 $0 $0 $0 $0 City of Dublin / County Funds 74,074$ $10,000,000 $10,000,000 Req. Payment (annual):0.42%============================================================ HCD NPLH 111,111$ $0 $15,000,000 Payment (annual):$70,181 Debt Coverage Ratio 1.20 1.21 1.21 1.22 1.22 FHLB AHP 8,889$ $1,200,000 $1,200,000 HCD MHP 530%123,775$ $0 $16,709,649 Alameda County HA PBV PBVs 45 E.ANNUAL OPERATING EXPENSES Property Tax Investor Equity - 4% Federal Credit $4,523,708 $45,237,077 PBV %33.3%Operating Expense $8,963 per unit per year Yr. 1 Value $7,940,774 BRIDGE GP Contribution $0 $9,760,692 Resident Services $75,000 per year Yr. 1 Prop Tax $0 Deferred Developer Fee $648,450 BMR Exemption 100.00% -------------------------------------------- TOTAL SOURCES $93,303,317 $105,966,441 DEVELOPER FEE - TCAC 4% NC F.UNIT MIX AND RENTS Total Uses of Funds Total Project Cost 106,023,048$ 20%30%35%40%50%60%70%80%(%) Acquisition $4,561,000 $4,561,000 Eligible Basis Before Dev Fee 84,060,941$ ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Construction $69,244,215 $69,244,215 Max Total Fee 15.0%12,609,141$ Studio Off-Site Improvements $0 $0 Required Deferred Fee 11.6%9,759,141$ #17 0 0 17 0 0 0 0 34 A/E, Permits $10,665,063 $10,665,063 Available CF for Deferred Fee 0.8%646,932$ Net Rent $402 $630 $744 $859 $1,087 $1,315 $1,544 $1,772 25% Indirect Expenses $1,729,340 $1,739,340 Deferred Fee 0.8%646,932$ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Financing and Carry Costs $4,527,182 $4,527,182 Cash Fee 2.6%2,200,000$ 1b Other (Prop. taxes + Soft Cost Contingency)$1,685,324 $2,179,308 Max GP Contribution 11.6%9,762,209$ #15 0 0 15 0 0 0 0 30 Developer Fee + Syndication Costs $891,192 $13,050,334 Net Rent $426 $671 $793 $915 $1,160 $1,405 $1,649 $1,894 22% -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- TOTAL USES $93,303,317 $105,966,442 2b --------------------------------------------#18 0 0 17 0 0 0 0 35 NET SURPLUS(SHORTFALL)$0 -$1 Net Rent $501 $795 $942 $1,088 $1,382 $1,676 $1,969 $2,263 26% ============== ==============------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 3b Total Cost to Finance $93,303,317 $105,966,442 #18 0 0 18 0 0 0 0 36 Net Rent $568 $908 $1,077 $1,247 $1,586 $1,925 $2,264 $2,604 27% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ #0 0 0 0 0 0 0 0 0 Net Rent $568 $908 $1,077 $1,247 $1,586 $1,925 $2,264 $2,604 0% ======================================================================================================================== Total 68 0 0 67 0 0 0 0 135 (%)50%0%0%50%0%0%0%0%100% % of Affordable 50%0%0%50%0%0%0%0%100% 511 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A0.0COVER PAGE 512 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A0.1PROJECT INFO VICINITY MAP SHEET INDEX CLIENT: BRIDGE Housing 600 California Street, Ste. 900 San Francisco, CA 94108 ARCHITECT: KTGY Architecture + Planning 1814 Franklin St, Suite 400 Oakland, CA 94612 CIVIL ENGINEER: MacKay & Somps Civil Engineers, Inc. 5142 Franklin Drive, Suite B Pleasanton, CA 94588 P: 925 225 0690 PROJECT TEAM DIRECTORY Site ARCHITECTURAL: A 0.0 Cover Page A 0.1 Project Info A 0.2 Context Diagram A 0.3 Project Data A 1.0 Site Plan - Level 1 A 1.1 Building Plans Level 2 - 3 A 1.2 Building Plans Level 4 - 5 A 2.0 Building Elevations A 2.1 Building Elevations A 2.2 Building Elevations A 3.0 Building Sections A 4.0 Massing Diagram A 4.1 Building Perspectives A 4.2 Building Perspectives A 4.3 Building Perspectives A 5.0 Image Board 513 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A0.2CONTEXT DIAGRAM 514 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A0.3PROJECT DATA 515 5 FT FRONT SETBACK5 FT SIDE SETBACK10 FT FREEWAY S E T B A C K 5 FT FRONT SETBACK 60 FT EASEMENT (50FT ON OURPROPERTY)OTIS GEN 2 3500UPDNUPDNOTIS GEN 2 3500OTIS GEN 2 3500 UPDNUPDNUPDN16'-0"26'-0"4'-0"6'-0" 26'-0"7'-0" 24'-0" 8'-0" 213'-0"156'-6"273'-6"291'-0"24'-0"24'-0" 17'-6" CCCC CCCC CCCC CCCC CCCC CCCC C CCC CCCC C C C CCCCCC CCCCC C CEVAEntry Dr Hammerhead Dr L.Lane ARetail ±2,200 sf Community Room ±1,500 SF Ut. Property Mgmt. ±2,000 SF Ut. Bike Ut.T T Ut. Ut. Property Mgmt. TTTTTT Residential Parking Bike. Ut. T Tr. Tr. L. Residential Parking L. C C C CCC C C C CCC C C C CCC C C C CCC CCC C C CCCCC Community Room Ut. P1-1 P1-1 P1-1 P1-1 150'-0" 150'-0" T BART Plaza PHASE A Golden Gate DrWest Dublin BART Parking Connolly Station Apartment Homes T PHASE B DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 0 16 32 64 A1.0SITE PLAN - LEVEL 1 516 5 FT FRONT SETBACK5 FT SIDE SETBACK10 FT FREEWAY S E T B A C K 5 FT FRONT SETBACK 60 FT EASEMENT (50FT ON OURPROPERTY)OTIS GEN 2 3500UPDNUPDNOTIS GEN 2 3500OTIS GEN 2 3500 UPDNUPDNUPDN30"x48"30"x48"30"x48"30"x48"81'-9" 214'-2"260'-0"280'-2"289'-2"156'-6"157'-10"48'-9"90'-3"50'-3"90'-3" Courtyard Courtyard A Courtyard B Hammerhead Dr Entry Dr EVALane ALaundryLaundryAmenity (Double Story) Amenity (Double Story) Amenity (Double Story) P3-1 P3-1 Alt P3-3 AltP3-3 P1-0P0-1P2-0 P2-1 P0-1 P2-0 P0-1 P0-1 P0-1 P0-1 P0-1 P2-0 P1-0 P1-0 P3-1 P2-0 P0-1 P2-0 P3-3 ALTP3-3 P2-1 P2-1 P1-0 P1-0 P3-2 P3-2P1-0P2-1 P1-0 P3-1 P0-1 P3-0 P3-0 P3-0 P3-0 P1-0 P3-1 P2-0 P2-0 P0-1 P3-1 P2-1 P0-1 P0-1 P0-1 P0-1 P2-1 P2-1 P0-1 P0-1 P0-1 P0-1 P2-1 P0-1 P1-0 P3-0 P2-0 P0-1 P3-0 P2-0 P0-1 P2-0 P3-0 P3-0 P2-0 P3-1 P2-0 P2-0 P0-1 P0-1 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A1.1BUILDING PLANS LEVEL 2 - 3 0 16 32 64 517 5 FT FRONT SETBACK5 FT SIDE SETBACK10 FT FREEWAY S E T B A C K 5 FT FRONT SETBACK 60 FT EASEMENT (50FT ON OURPROPERTY)OTIS GEN 2 3500UPDNUPDNOTIS GEN 2 3500OTIS GEN 2 3500 UPDNUPDNUPDN30"x48"30"x48"30"x48"30"x48"81'-9" 214'-2"260'-0"280'-2"289'-2"156'-6"157'-10"48'-9"90'-3"50'-3"90'-3" Courtyard Courtyard A Courtyard B Hammerhead Dr Entry Dr EVALane ALaundryLaundryP3-1 P3-1 Alt P3-3 AltP3-3P2-1 P0-1 P2-0 P0-1 P0-1 P0-1 P0-1 P0-1 P2-0 P1-0 P1-0 P3-1 P2-0 P0-1 P2-0 P3-3 ALTP3-3 P2-1 P2-1 P1-0 P1-0 P1-0P2-1 P1-0 P3-1 P0-1 P3-0 P3-0 P3-0 P3-0 P1-0 P3-1 P2-0 P2-0 P0-1 P3-1 P2-1 P0-1 P0-1 P0-1 P0-1 P2-1 P2-1 P0-1 P0-1 P0-1 P0-1 P2-1 P1-0 P1-0 P3-0 P2-0 P0-1 P3-0 P2-0 P0-1 P2-0 P3-0 P3-0 P2-0 P3-1 P2-0 P2-0 P0-1 P0-1 P1-0 P1-0 P3-2 P3-2 P1-0 P1-0 P1-0P0-1P2-0 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A1.2BUILDING PLANS LEVEL 4 - 5 0 16 32 64 518 OTIS G E N 2 3 5 0 0 UPDNUPDNOTIS GEN 2 3500OTIS GEN 2 3500 UPDNUPDNUPDN30"x48"30"x48"30"x48"30"x48"ST. PATRICK WAY PHASE A - BUILDINGPHASE B - BUILDING WEST DUBLIN BART PARKING DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A2.0BUILDING ELEVATIONS Key Map n.t.s 1. Streetscape Elevation from Hammerhead Dr. n.t.s Hammerhead Dr. Entry Dr.Lane AGolden Gate Dr.1 519 Level 1 Level 2 Level 3 Level 4 Level 5 T. O. Ply T. O. Parapet ± 57'-0"± 61'-0"16'-0"10'-3"10'-3"10'-3"10'-3"4'-0"11241415971025623213 Level 1 Level 2 Level 3 Level 4 Level 5 T. O. Ply T. O. Parapet ± 57'-0"± 61'-0"16'-0"10'-3"10'-3"10'-3"10'-3"4'-0"4 15 9 16 12 10 14 6 5 2 2 7 3 2 11 OTIS G E N 2 3 5 0 0 UPDNUPDNOTIS GEN 2 3500OTIS GEN 2 3500 UPDNUPDNUPDN30"x48"30"x48"30"x48"30"x48"DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A2.1BUILDING ELEVATIONS 321680 Key Map n.t.s 2 1. Phase A Elevation from Hammerhead Dr. 2. Phase B Elevation from Hammerhead Dr. Hammerhead Dr. Entry Dr.Lane AGolden Gate Dr.1 Material Legend: 1.Cementitious Vertical Siding or equal 2.Cementitious Panel or equal 3.Vertical Metal Panel or equal 4.Profiled Metal Panel or equal 5.Brick Veneer or equal 6.Stucco 1 - 20/30 Finish or equal 7.Stucco 2 - Sand Finish or equal 8.Storefront or equal 9.Vinyl Window or equal 10.Metal Railing or equal 11.Metal Awning or equal 12.Decorative Shading Screen or equal 13.Storefront / Spandrel Glazing or equal 14.Landscape Planter or equal 15.Garage Screen or equal 16.Cementitious Horizontal Siding or equal 520 OTIS G E N 2 3 5 0 0 UPDNUPDNOTIS GEN 2 3500OTIS GEN 2 3500 UPDNUPDNUPDN30"x48"30"x48"30"x48"30"x48"Level 1 Level 2 Level 3 Level 4 Level 5 T. O. Ply T. O. Parapet ± 57'-0"± 61'-0"16'-0"10'-3"10'-3"10'-3"10'-3"4'-0"2 8 3 9 4 110214 12 5 6 8 7 2 11 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A2.2BUILDING ELEVATIONS 321680 Key Map n.t.s 1. Phase A Elevation from Golden Gate Dr. Hammerhead Dr. Entry Dr.Lane AGolden Gate Dr.1 Material Legend: 1.Cementitious Vertical Siding or equal 2.Cementitious Panel or equal 3.Vertical Metal Panel or equal 4.Profiled Metal Panel or equal 5.Brick Veneer or equal 6.Stucco 1 - 20/30 Finish or equal 7.Stucco 2 - Sand Finish or equal 8.Storefront or equal 9.Vinyl Window or equal 10.Metal Railing or equal 11.Metal Awning or equal 12.Decorative Shading Screen or equal 13.Storefront / Spandrel Glazing or equal 14.Landscape Planter or equal 15.Garage Screen or equal 16.Cementitious Horizontal Siding or equal 521 Level 1 Roof Level 5 Level 4 Level 3 Level 1 Roof Level 5 Level 4 Level 3 Courtyard UnitUnit Unit Unit Unit Unit Unit Unit Golden Gate Dr.Lane A Unit Garage Amenity Unit Unit Unit Unit Unit Unit 10'-3"±57'-0"10'-3"10'-3"10'-3"16'-0"±61'-0"10'-3"±57'-0"10'-3"10'-3"16'-0"PL PL Unit Unit Unit Unit Unit Unit Unit UnitUnit Level 2Level 2 10'-3"Garage Phase B - Building Phase A - Building Roof Level 5 Level 4 Level 3 Level 1 10'-3"±57'-0"10'-3"10'-3"10'-3"16'-0"Level 5 Level 4 Level 3 Level 110'-3"±57'-0"10'-3"10'-3"10'-3"16'-0"Courtyard Garage UnitUnit Unit Unit Unit Unit Unit Unit Roof Unit Unit Unit Unit Courtyard PL PL Entry Dr.Hammerhead Dr.±61'-0"Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Level 2Level 2 Amenity Phase B - Building OTIS GEN 2 3500UPDNUPDNOTIS GEN 2 3500OTIS GEN 2 3500 UPDNUPDNUPDN30"x48"30"x48" 30"x48 " 30"x48" DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A3.0BUILDING SECTIONS 321680 Entry Dr. Hammerhead Dr.Golden Gate Dr.Lane AKey Map n.t.s B 1. Section A 2. Section B A 522 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A4.0MASSING DIAGRAM Aerial View looking North from BART 523 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A4.1BUILDING PERSPECTIVES View from BART platform on I-580 524 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A4.2BUILDING PERSPECTIVES View from BART Plaza 525 DUBLIN, CA # 2020-0854 GOLDEN GATE BART Architecture + Planning The Leamington Building 1814 Franklin Street Suite 400 Oakland, CA 94612 510.272.2910 ktgy.com PRE-APP SUBMITTAL MARCH 22, 2021 A4.3BUILDING PERSPECTIVES View from Golden Gate Dr. 526 2040 BANCROFT WAY, SUITE 302  BERKELEY, CALIFORNIA 94704  PHONE: 415 398 3050  FAX: 415 397 5065 Revised memorandum; jf WWW.KEYSERMARSTON.COM 11982.012 ADVISORS IN: REAL ESTATE AFFORDABLE HOUSING ECONOMIC DEVELOPMENT BERKELEY A. JERRY KEYSER TIMOTHY C. KELLY DEBBIE M. KERN DAVID DOEZEMA KEVIN FEENEY LOS ANGELES KATHLEEN H. HEAD JAMES A. RABE GREGORY D. SOO-HOO KEVIN E. ENGSTROM JULIE L. ROMEY TIM BRETZ SAN DIEGO PAUL C. MARRA MEMORANDUM To: Kristie Wheeler, Assistant Community Development Director City of Dublin From: Debbie Kern and Harriet Ragozin Date: March 25, 2021 Subject: Review of Bridge Housing Financial Development Pro Forma for Affordable Housing Project at 6501 Golden Gate Drive In accordance with your request, Keyser Marston Associates, Inc. (KMA) has undertaken a preliminary review of the development economics of the proposed affordable apartment complex to be built at 6501 Golden Gate Drive in Dublin, adjacent to the West Dublin/Pleasanton BART station. The BRIDGE Housing Corporation (BRIDGE) proposal includes two phases with a total of 308 units, although it is only requesting City/County assistance for Phase I of the project, which consists of 136 of the units. The purpose of KMA’s analysis is to assess the overall reasonableness of BRIDGE’s pro forma, including its request for $10 million of local funding from the City of Dublin. Based on the provided information, it is our understanding that the BRIDGE project will include 136 residential units in four levels of Type V construction over one level of parking in a concrete podium. There will be 135 affordable units with an average of 1.5 bedrooms per unit and 844 square feet per unit, and one manager’s unit. To assess the reasonableness of the BRIDGE proposal, KMA compared it to two other similar recent tax credit projects: 965 Weeks Street in East Palo Alto and Lazuli Landing in Union City. Both projects are developed by MidPen Housing Corporation. The comparison is shown in Table 1 at the end of this memorandum. Assessment of Development Costs The development cost estimates provided by BRIDGE are consistent with the comparison projects. Total direct costs are estimated at $69 million or $603 per square Attachment 5 527 To: Kristie Wheeler March 31, 2021 Subject: Review of Bridge Housing Financial Development Pro Forma for Affordable Housing Project at 6501 Golden Gate Drive Page 2 Revised memorandum; jf 11982.012 foot of rentable area. This cost estimate includes the provision of prevailing wages and represents 65% of total development costs. On a per unit and per square foot basis, total directs costs for the BRIDGE project are less than the comparison projects. Project West Dublin 965 Weeks Street Lazuli Landing Total Direct Costs $69,244,215 $87,635,396 $56,686,523 Per Unit $509,149 $644,378 $699,834 Per Net SF $603 $692 $800 Indirect costs are estimated to total approximately $15 million, with an additional $13 million in developer fee for BRIDGE and syndication costs. While the total developer fee is $13 million (less syndication fees), BRIDGE is contributing $9.8 million in equity, for a net developer fee of $3.3 million. Of this, BRIDGE is deferring $648,450. The developer fee amount net of an equity contribution to the project is in line with the comparison projects, on a per unit basis. Per Unit Amounts Project West Dublin 965 Weeks Street Lazuli Landing Developer Fee $95,959 $111,842 $117,908 GP Equity $71,770 $82,070 $97,792 Net Developer Fee $24,189 $29,772 $20,116 Land acquisition costs are estimated at $4.56 million or approximately $34,000 per unit. This includes an assignment fee to Barings and an upfront minimum ground lease payment to BART. In addition, the project will make a ground lease payment to BART in an amount equal to 2% of effective gross income. Total development costs are estimated at $106 million, or $779,000 per unit. Project West Dublin 965 Weeks Street Lazuli Landing Total Development Costs $105,966,442 $120,348,750 $79,135,466 Per Unit $779,165 $884,917 $976,981 Per Net SF $923 $951 $1,117 Overall, the BRIDGE proposal’s development costs are less expensive than the comparable projects. Project Financing As proposed, the project’s $106 million development cost will be financed with a combination of funding sources, including $45.2 million of tax credit equity, $7.4 million 528 To: Kristie Wheeler March 31, 2021 Subject: Review of Bridge Housing Financial Development Pro Forma for Affordable Housing Project at 6501 Golden Gate Drive Page 3 Revised memorandum; jf 11982.012 in tax exempt bonds, $16.7 million from HCD MHP, $15 million from HCD NPLH, $1.2 million from AHP, a $9.76 million contribution from BRIDGE, and a deferred fee of $650,000. BRIDGE is requesting $10 million from the City of Dublin/Alameda County to fully fund the project. This represents 9% of total development costs, or $73,529 per unit. As presented in the following chart, the funding request for the subject BRIDGE project is significantly less than the amount of local funding that is being provided for the East Palo Alto and Union City affordable projects. Project West Dublin 965 Weeks Street Lazuli Landing Total Development Costs $105,966,442 $120,348,750 $79,135,466 Requested Local Jurisdiction Funding $10,000,000 $21,750,637 $20,075,236 Local Funding, per unit $73,529 $159,931 $247,842 Percent Financed with City/County Funds 9% 18% 24% Affordability of Units BRIDGE is proposing deep affordability levels, with a mix of 20% AMI and 40% AMI units. The pro forma includes project-based vouchers for 45 of the units. This is a deeper affordability mix than the comparison projects, which both included units in the 50% - 80% AMI range. Summary of Findings and Conclusions In summary, the development costs and financing plan for the proposed BRIDGE project are consistent with the experiences of other affordable projects that are subject to prevailing wages and of a similar density, which KMA has recently evaluated and appear reasonable. The amount of local subsidy that is being requested per unit of development is less than what is being provided for the other comparable projects. 529 Table 1 Comparison of Recent Tax Credit Projects BRIDGE Housing Proposal Review City of Dublin Working Draft I. Project Information Location Developer Tax Credit Type Prevailing Wages Year II. Project Description Number of Units 136 units 136 units 81 units Site Size 3.59 acres (gr)2.52 acres 1.65 acres Construction Type Type V Number of Stories 4 over 1 level of garage 4 stories Parking Configuration Structured Structured Podium Parking Spaces 113 0.83 /unit 0.00 /unit 112 1.38 /unit Bedroom Mix total % of units total % of units total % of units Studio 34 25%8 6%0% 1 BR 30 22%19 14%21 26% 2 BR 35 26%74 55%37 46% 3 BR 36 27%27 20%23 28% 4 BR 7 5%0% Total 135 (excl mgr unit)135 (excl mgr unit)81 (incl mgr unit) Avg. Nmbr of Bedrooms 1.5 BRs 2.0 BRs 2.0 BRs Average Unit Size 844 sf 931 sf 874 sf III. Project Costs total per unit per nsf % of total total per unit per nsf % of total total per unit per nsf % of total Land Acquisition $4,561,000 $33,537 $40 4%$22,501 $165 $0 0%$576,350 $7,115 $8 1% Direct Costs $69,244,215 $509,149 $603 65%$87,635,396 $644,378 $692 73%$56,686,523 $699,834 $800 72% Indirect Costs $14,583,711 $107,233 $127 14%$10,222,003 $75,162 $81 8%$8,645,306 $106,732 $122 11% Financing Costs $4,527,182 $33,288 $39 4%$7,258,313 $53,370 $57 6%$3,676,779 $45,392 $52 5% Developer Fee $13,050,334 $95,958 $114 12%$15,210,537 $111,842 $120 13%$9,550,508 $117,908 $135 12% Total Costs $105,966,442 $779,165 $923 100%$120,348,750 $884,917 $951 100%$79,135,466 $976,981 $1,117 100% *Developer Fee includes syndication costs. Max fee: $12.6 m.(Excludes commercial costs.) IV Affordability Mix total % of units total % of units total % of units 20% AMI 68 50%16 20% 30% AMI 45 33%0% 40% AMI 67 49%17 13%18 22% 50% AMI 31 23%18 22% 60% AMI 42 31%22 27% 80% AMI 6 7% Manager's Unit 1 1%1 1%1 1% Total 136 100%136 100%81 100% V. Project Financing total per unit total per unit total per unit Tax Credit Equity $45,237,077 $332,626 43%$44,357,676 $326,159 37%$29,671,668 $366,317 35% Permanent Loan $7,410,573 $54,490 7%$21,029,900 $154,632 17%$3,574,600 $44,131 4% Deferred Developer Fee $648,450 $4,768 1%$2,049,015 $15,066 2%$136,252 $1,682 0% City/County Funds $10,000,000 $73,529 9%$21,750,637 $159,931 18%$20,075,236 $247,842 24% HCD NPLH $15,000,000 $110,294 14% FHLB AHP $1,200,000 $8,824 1%$800,000 $9,877 1% HCD MHP $16,709,649 $122,865 16% HCD - IIG $5,034,924 $62,160 6% AHSC $20,000,000 $147,059 17%$16,406,261 $202,546 20% GP Contribution $9,760,692 $71,770 9%$11,161,522 $82,070 9%$7,921,143 $97,792 9% Total Sources of Funds $105,966,441 $779,165 100%$120,348,750 $884,917 100%$83,620,084 $1,032,347 100% (Includes commercial costs.) Project Based Vouchers 45 units 33%15 units 11%none Operating Expenses $8,963 /unit $7,305 /unit $7,003 /unit 2020 Lazuli Landing Union City Mid-Pen Housing 4% Yes Project West Dublin 965 Weeks Street Dublin BRIDGE Housing 4% 2021 Yes East Palo Alto Mid-Pen Housing 4% Yes 2020 Keyser Marston Associates, Inc. \\sf-fs2\SFEmployee\dkern\My Documents\dublin\BRIDGE Housing at BART 03 21\Copy of Comparison to TC projects; 3/31/2021 530 Item 7.1: BRIDGE Housing Affordable Rental Housing Project Unit Reservation and Funding Allocation City Council April 20, 2021 531 Background •July 2020 –City issued Notice of Funding Availability (NOFA) •November 17, 2020 –City Council received report on proposals received in response to NOFA –BRIDGE Housing –Eden Housing •City Council directed Staff to –Work with BRIDGE on refinements to their proposal –Consider opportunities to fund both proposals 532 BRIDGE Proposal •Vacant 3.6-acre site located adjacent to West Dublin/Pleasanton BART station 533 BRIDGE Proposal •Two -phase project with 308 affordable units –136 units (subject of NOFA) –172 units –Ground floor retail, amenity space and parking 534 View from BART Platform 535 View from BART Plaza 536 View from Golden Gate Drive 537 Affordability Levels •136 units would be affordable to households earning average of 43% AMI •172 units would be 100% affordable but may include moderate income units •30% of units in first phase would be set aside for special needs populations –Formerly homeless –Veterans % of Area Median Income (AMI) No. of Units 20%41 40%15 50%40 60%39 Market Rate (Manager’s Unit) 1 Total 136 538 Funding Request •BRIDGE has requested $10 million for 136 units or $73,529 per unit –$7.1 million from City Affordable Housing Fund –$2.9 million from Alameda County Measure A-1 Bond Fund •Keyser Marston reviewed funding proposal –Development costs and financing plan consistent with other similar affordable housing projects –Subsidy requested per unit is less than other comparable projects 539 Downtown Development Pool Total Units in the Pool 2,500 Total Reserved Units (1,396) Remaining Units 1,104 540 Community Benefit Agreement Deal Terms •Affordability Level •Fully furnished units •2,200 sq. ft. ground floor café •Plaza enhancements •Affordable housing unit credits 541 Recommendation •Adopt a Resolution Appropriating $7.1 million from the City’s Affordable Housing Fund and Authorizing the Commitment of $2.9 million in Alameda County Measure A-1 Funds from Dublin’s Base City Allocation •Authorize the reservation of 308 units from the Downtown Development Pool •Provide feedback on the following: –Proposed development –Deal terms for the Community Benefit Agreement 542 543 STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 8.1 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of the American Rescue Plan Act (ARPA) Funding Budget for Fiscal Year 2021-22 Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider adopting a Resolution Approving the American Rescue Plan Act (ARPA) Budget for Fiscal Year 2021-22 and Establishing a Fund to Track Related Expenditures. Under the ARPA, the City will receive approximately $12,202,075, distributed in two equal tranches by no later than June 2021 and June 2022, respectively. This item contemplates the budget for the first tranche of funding which will coincide with Fiscal Year 2021-22. STAFF RECOMMENDATION: Adopt the Resolution Approving the American Rescue Plan Act Budget for Fiscal Year 2021-22 and Establishing a Fund to Track Related Expenditures. FINANCIAL IMPACT: Under the ARPA, the City will receive approximately $12,202,075, distributed in two equal tranches by no later than June 2021 and June 2022, respectively. This total figure is based off a March 8, 2021 projection for funding. Allocations to cities under this program are calculated based on whether the city is a Community Development Block Grant (CDBG) Entitlement City or a Non-Entitlement City. For Non- Entitlement cities like Dublin, the funding allocation is based off population, using 2019 estimates from the U.S. Census. This differentiation between Entitlement and Non-Entitlement Cities has implications for the timing of the tranches. Entitlement Cities will receive direct payments from the U.S Department of the Treasury. Funding for Non-Entitlement Cities will be distributed to the State to make final disbursements to non-entitlement Cities. The State cannot change the allocations or impose additional requirements and must send the money to Cities within 30 days of receipt. Under this framework, Staff estimates the City will receive the first tranche by June 11, 2021. 544 Page 2 of 5 Final funding amounts are being determined by the U.S. Department of the Treasury and may change due to the possibility of using 2020 population data, which would likely have a positive impact on the City’s overall allocation. This determination is expected by the end of this month at the earliest. DESCRIPTION: ARPA Background and Overview On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA). This sweeping $1.9 trillion COVID-19 aid package includes direct funding for state and local governments along with a myriad of other COVID-19 relief programs. Specifically, the ARPA Coronavirus State and Local Fiscal Recovery Funds included $130.2 billion for cities and counties, which will be split evenly between the units of government. Eligible Spending Categories As stipulated in the law, the City shall only use the funds to cover costs incurred by the City by December 31, 2024. Eligible uses of funds include: 1)COVID-19 Response:Responding to the public health emergency with respect to COVID- 19 or its negative economic impacts, which include assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality. 2)Premium Pay for Essential Workers: Responding to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the city or by providing grants to eligible employers that have eligible workers who perform essential work. 3)Local Government Revenue Replacement:Providing government services to the extent of the reduction in revenue of the City due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the City prior to the emergency (FY 2018-19). 4)Infrastructure Investments: Making necessary investments in water, sewer, or broadband infrastructure. The City can elect to transfer funds to private nonprofit groups, public benefit corporations or multistate entities involved in passenger or cargo transportation, and special-purpose units of state or local government. Funds cannot be deposited into a pension fund. Further regulations on eligible uses will be determined by guidance promulgated by the Department of the Treasury. Proposed Fiscal Year 2021-22 ARPA Budget This item contemplates the budget for the first tranche of funding, estimated at $6,101,037.50 which will coincide with Fiscal Year 2021-22. Budgeting for the second tranche will take place as a part of the Fiscal Year 2022-23 budgeting process as those funds will become available for use in June 2022. 545 Page 3 of 5 This proposed budget focuses funding in the first and third eligible categories, helping the City recover the costs of COVID-19 response which were funded by the City and not reimbursed by the CARES Act, as well as compensate for the net negative impacts related to Parks and Recreation program revenue losses. Based on the text of the law, and in consultation with the City Attorney, Staff has determined these expenses are eligible under the ARPA. Category 1: COVID-19 Response—$3,632,292 This Category includes reimbursements of General Fund COVID-19 response expenses which were not captured by the CARES Act funding. In this category, Staff is proposing the following: $1,421,461 to reimburse the City for funding the Small Business Microloan Program (Small Business Assistance Fund) and the Alameda County CARES Act Matching Grant Program and Small Business Recovery Grant Program (General Fund). $300,000 in Fiscal Year 2021-2022 for anticipated COVID-19 related expenses like enhanced janitorial services and the purchase of disinfecting supplies for City facilities. $1,213,947 for future COVID-19 related Economic Development Programs to be reviewed and approved by the City Council at a future City Council meeting. This amount is the residual amount remaining after accounting for all other categorial reimbursements or expenditures. $163,251 to augment funding for certain Human Services Grantees who are providing services eligible under ARPA. For the Fiscal Year 2021-22 grant cycle, eight applicants were identified as providing services eligible under ARPA. Currently, Human Service Grants are funded by a combination of Community Development Block Grant (CDBG) funds and the City’s General Fund and Affordable Housing Fund. Given this new funding source which replaces CDBG, General Fund, and Affordable Housing fund dollars, Staff will return to the Human Services Commission to determine whether to adjust their recommended funding allocation for the remaining 13 grant applicants. Category 3: Local Government Revenue Replacement—$2,468,746 The remaining balance of the funds are budgeted to recoup the net negative losses from Parks and Recreation program revenue over the duration of the pandemic. These net negative impacts are $1,014,500 in Fiscal Year 2019-20 and $1,454,246 in Fiscal Year 2020-21. Additional Considerations The City will need to provide periodic reports to the Department of the Treasury providing a detailed accounting for the uses of such funds. Staff anticipates further guidance on this process prior to the disbursement of the initial tranche. Regardless, Staff is recommending the creation of a new Fund to account for these monies, as indicated in the attached Resolution. Lastly, the City will not know the final total funding amount until the U.S. Department of the Treasury issues its guidance. Like the CARES Act process, Staff expects that the amount will 546 Page 4 of 5 change marginally. The Resolution grants the City Manager the authority to adjust the budget based on the change in the final funding amount whether positive or negative. Other ARPA Funding Programs In the preparation of the proposed budget, Staff considered the various other programs which are funded through the ARPA and which may benefit Dublin residents and businesses. A sample of these programs include: Coronavirus Capital Projects Fund The ARPA created this $10 billion fund for “critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency with respect to COVID-19.” This program will be administered by the State which will receive $100 million plus a population-based allocation from $4.6 billion of the total fund. Small Business Support Paycheck Protection Program—Limited funding increase and expanded eligibility for Tax exempt groups, larger non-profits, and online news publishers. Restaurant Revitalization Fund—$28.6 billion to be administered by the Small Business Administration. This program will provide grants to cover expenses relating to payroll, mortgage and rent payments, and other operational costs. State Small Business Credit Initiative—$10 Billion for funding support for businesses owned by socially and economically disadvantaged people. Housing Assistance Emergency Rental Assistance—$21.6 billion for localities with a population of at least 200,000 (i.e., Alameda County). Funds can be used for financial assistance to eligible households, including for rental and utility payments. Homeowner Assistance—$9.96 billion Homeowner Assistance to be administered by the State. Funds can be used to reduce mortgage principal amounts, assist homeowners with mortgage and other housing payments, and reimburse state and local governments for money spent to prevent housing losses due to COVID-19. Homeless Assistance Grants—$11,184,000 to be administered by Alameda County. Program funds can be used to provide rental assistance and supportive services, develop affordable rental housing, acquire non-congregate shelter to be converted into permanent affordable housing or to be used as an emergency shelter. Resident Supports Direct Payments to Residents--$45,245,424 for eligible Californians. Direct payments of as much as $1,400 for an individual, $2,800 for joint filers, and $1,400 for each qualifying dependent. Payments will begin to phase out for individuals with adjusted gross incomes of $75,000 and would be zero for annual gross incomes of $80,000 or more. Those amounts would be doubled for joint filers. Tax Credits—Extensions to Earned Income, Dependent Care, and Child Tax Credits. Extensions to SNAP and WIC Increases. 547 Page 5 of 5 Additional information regarding funding programs included in the ARPA can be found in a summary prepared by Townsend Public Affairs, included with this Staff Report as Attachment 3. Next Steps Following City Council approval, Staff will execute this budget to ensure all funds are spent in accordance with the funding guidelines. Staff will also return to the City Council for further discussion on the Economic Development program elements which the proposed budget funds. Budgeting for the second tranche of funds will take place during the Fiscal Year 2021-22 and 2022-23 budget process. STRATEGIC PLAN INITIATIVE: Not applicable. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the American Rescue Plan Act Budget for Fiscal Year 2021-22 and Establishing a Fund to Track Related Expenditures 2) Exhibit A to the Resolution – Coronavirus Local Fiscal Recovery Funds Budget 3) Townsend Public Affairs ARPA Summary 548 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AMERICAN RESCUE PLAN ACT BUDGET FOR FISCAL YEAR 2021-22 AND ESTABLISHING A FUND TO TRACK RELATED EXPENSES WHEREAS,in March 2021, President Biden signed into law the American Rescue Plan Act, a $1.9 trillion COVID-19 aid package; and WHEREAS,the American Rescue Plan Act included the Coronavirus State and Local Fiscal Recovery Funds, which will provide the City approximately $12,202,075 in funding, distributed in two equal tranches; and WHEREAS,the City expects to receive its first tranche of approximately $6,101,037 by June 2021; and WHEREAS,all funds shall be expended by December 31, 2024 in accordance with the American Rescue Plan Act, guidance developed by the U.S. Department of the Treasury, and information included in the accompanying Staff Report. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the American Rescue Plan Act Budget for Fiscal Year 2021-22, attached hereto as Exhibit A; and BE IT FURTHER RESOLVED that the City Manager is authorized to make any necessary, non-substantive changes to carry out the intent of this Resolution, including making nominal adjustments to the budgeted amounts, based on the total final funding amount. BE IT FURTHER RESOLVED that a new Fund be created to track and account for all related expenses funded by the American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds. PASSED, APPROVED AND ADOPTED this 20th day of April 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: 549 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 _________________________________ City Clerk 550 AMERICAN RESCUE PLAN ACT  CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS BUDGET 1 FY 2021‐22 BUDGET 2 Revenue 3 ARPA Tranche 1 6,101,038$                       4 5 Expenditures 6 Category 1: COVID Response 7 A. City COVID Response Expenses to Date 8 1. COVID Related Expenses 533,632$                          9 2. Small Business Microloan Fund Reimbursement 519,461$                          10 3. ED GF Subsidy Reimbursement 902,000$                          11 B. Ongoing City COVID Expenses 300,000$                          12 C. Assistance to Small Businesses 1,213,947$                       13 D. Assistance to Non‐Profits 163,251$                          14 Subtotal 3,632,292$                       15 Category 3: Revenue Replacement 16 A. FY2019‐20 Revenue Replacement 1,014,500$                       17 B. FY2020‐21 Revenue Replacement 1,454,246$                       18 Subtotal 2,468,746$                       19 20 Total Expenses 6,101,038$                       21 Surplus/(Deficit) ‐$                                   Attachment 2 Exhibit A to the Resolution 551 State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 AMERICAN RESCUE PLAN ACT SUMMARY Updated March 8, 2021 STATE AND LOCAL AID Overview •The measure includes $360 billion to help state, local, tribal, and territorial governments mitigate fiscal effects tied to the Covid-19 emergency, including: o $195.3 billion for states and Washington, D.C. o $130.2 billion for local governments. o $20 billion for federally recognized tribal governments. o $4.5 billion for territories. •The measure would distribute $25.5 billion equally among states and the District of Columbia. Other funds would be allocated based on each state’s share of unemployed people. •The measure would set 60-day deadlines to distribute most funds to state and local recipients. A second tranche of funds would be distributed to localities 12 months after the initial allocation. The Treasury Department could also withhold up to half of a state or territory’s allocation for as long as 12 months based on its unemployment rate and require an updated certification of its funding needs. Each state plus the District of Columbia would receive at least $500 million. •The measure also would provide funds to compensate D.C. for the money it would have received as a state under the CARES Act, which grouped it in with territories. Democrats estimated that a similar provision in a Covid-19 relief package from the 116th Congress would have resulted in an additional payment of $755 million. •Remaining state funds would be allocated based on the number of unemployed people. •Funding for local governments would include $65.1 billion for counties, $45.6 billion for metropolitan cities, and $19.5 billion for towns with fewer than 50 ,000 people. •The Treasury Department would have to make most payments within 60 days of receiving certification from state and local recipients describing their need and intended use for the funds. •States would have to distribute funds to smaller towns within 30 days of receiving a payment from the department, with extensions permitted. States that miss the deadline would have to pay back any undistributed funds. A town couldn’t receive more than 75% of its budget as of Jan. 27, 2020. Use of Funds •State and local recipients could the funds to cover costs incurred by Dec. 31, 2024, to: o Respond to the Covid-19 emergency and address its economic effects, including through aid to households, small businesses, nonprofits, and industries such as tourism and hospitality.. Attachment 3 552 o Provide premium pay to essential employees or grants to their employers. Premium pay couldn’t exceed $13 per hour or $25,000 per worker. o Provide government services affected by a revenue reduction during the pandemic. o Make investments in water, sewer, and broadband infrastructure. • State and local recipients could transfer funds to private nonprofit groups, public benefit corporations or multistate entities involved in passenger or cargo transportation, and special-purpose units of state or local governments. • State and local recipients cannot deposit the money into a pension fund. States and territories also couldn’t use their allocation to offset revenue resulting from a tax cut enacted since March 3. Capital Projects • The measure includes $10 billion for the Treasury Department to make separate payments to states, territories, and tribal governments to carry out capital projects to support work, education, and health monitoring during Covid-19. Additional Local Aid • The measure would provide an additional $2 billion for eligible tribal governments and “revenue sharing counties” to use for general government spending, with the exception of lobbying. • Eligible recipients would include counties that are the main providers of government services in their area and that lost revenue due to changes in federal programs, as well as the District of Columbia and several U.S. territories. SMALL BUSINESS AID Paycheck Protection Program • The measure would increase funding and expand eligibility for the Paycheck Protection Program, and would allow forgiveness for additional expenses. • Program Funding: The measure would increase the program’s lending authority by $7.25 billion, to $813.7 billion, and appropriate the same amount for the Small Business Administration (SBA) to guarantee additional loans. • Tax-Exempt Groups: The measure would expand the eligibility rules to cover most other types of tax-exempt groups, including 501(c)(5) labor organizations, 501(c)(7) social and recreation clubs, and 501(c)(8) fraternal benefit societies. Religious educational groups that might otherwise be barred under SBA rules would be permitted. 501(c)(4) social welfare groups, such as AARP, the ACLU, Americans for Prosperity, and the National Rifle Association, would still be prohibited. • The additional tax-exempt groups couldn’t employ more than 300 employees per location or spend more than $1 million annually or 15% of their time on lobbying activities. • Larger Nonprofits: Some nonprofits that currently qualify for PPP loans, such as 501(c)(3) groups, can’t have more employees than the SBA’s size standards for the relevant industry and are subject to the agency’s restrictions for affiliated entities. • The measure would replace those rules, allowing 501(c)(3) groups with as many as 500 employees per physical location to participate without further restrictions. • Online News Publishers: Internet-only news publishers that were previously ineligible could receive PPP loans if they have 500 or fewer employees or a size set by the SBA per location. They would have to certify that the funds will be used to support local news. Attachment 4 553 • SBA affiliation rules and a ban on publicly traded companies would be waived for online news outlets seeking loans. • Loan Forgiveness: The measure would expand PPP loan forgiveness to include payments made for premiums on behalf of individuals who qualify for COBRA health insurance continuation coverage. The change would apply to loan forgiveness applications received following the measure’s enactment. Restaurant Grants • The measure would provide $28.6 billion for a Restaurant Revitalization Fund to be administered by the SBA. • Eligible recipients would include restaurants, bars, food trucks, and caterers, including businesses in airport terminals and tribally owned entities. • Disqualified businesses would include those run by state or local governments, companies that manage more than 20 locations including affiliates, live venues seeking grants under the year-end Covid-19 relief package, and publicly traded companies. • For 60 days following the measure’s enactment, $5 billion would be set aside for eligible entities with gross revenue of $500,000 or less in 2019. The SBA would also have to prioritize awards for small businesses owned by women, veterans, and socially or economically disadvantaged individuals during an initial 21-day award period. • Other grant funds would be awarded on a first-come, first-served basis. • Grant amounts would cover the difference between an entity’s revenue in 2020 compared with 2019. Awards would be reduced by amounts received through the Paycheck Protection Program. Aggregate awards made to an entity and its affiliates couldn’t exceed $10 million and would be limited to $5 million per location. • Eligible expenses generally would include payroll costs, mortgage and rent payments, supplies, normal food and beverage costs, and paid sick leave. Grants couldn’t be used to pay fees exceeding 10% of a company’s annual net operating profits to investment advisers of certain private funds with an ownership stake. • Funds could be used through Dec. 31, or a date set by the SBA that’s no later than two years after the measure’s enactment. Disaster Loans • Additional funding also would be made available for advance payments to eligible entities under the SBA’s Economic Injury Disaster Loan (EIDL) program. • The reconciliation measure would provide $15 billion for additional advance payments on a staggered schedule, as follows: o SBA would have to allocate $10 billion to covered entities that didn’t receive their full eligible advance payments under the year-end relief package. Those entities include recipients with 300 or fewer employees and economic losses of at least 30% over eight weeks compared with a similar period before the pandemic. o The remaining $5 billion would be set aside to make new supplemental payments of $5,000 to covered entities with 10 or fewer employees that had economic losses of more than 50% during the covered period. State Initiative • The reconciliation measure would provide $10 billion for the State Small Business Credit Initiative. The Treasury Department would have to set aside: o $1.5 billion for states to support businesses owned by social and economically disadvantaged people. Attachment 4 554 o $1 billion for an incentive program to boost funding tranches for states that show robust support for such businesses. o $500 million to support small businesses with fewer than 10 employees. • The department could set aside an additional $500 million for states to provide legal, accounting, and financial advisory services. It could also transfer the funds to the Commerce Department’s Minority Business Development Agency to provide similar technical assistance. • The Treasury Department could establish a multistate participation program. Covered states could automatically approve small business entities that are already participating in a similar state’s program. • The department would have to complete all disbursements by Sept. 30, 2030. Any remaining amounts would be rescinded Other SBA Funding • $1.25 billion in additional funding for SBA grants to live venues and other cultural institutions under a program in the year-end relief package. Grant amounts would be reduced by any loans received through the Paycheck Protection Program following the enactment of the year-end package. • $840 million in additional administrative funds for the SBA to carry out the Paycheck Protection Program and other initiatives to aid small businesses during Covid -19. • $390 million to administer the SBA’s disaster loan program and $70 million for the cost of additional loans. • $100 million for the SBA to establish a community navigator pilot program for small businesses and $75 million for the SBA to promote community navigator services to small businesses. HOUSING AID Rental Assistance • The reconciliation measure would provide $21.6 billion for rental assistance payments through the Treasury Department. • Funds would be allocated to states and to localities with at least 200,000 people. Each state plus the District of Columbia would receive at least $152 million. The measure also would set aside $305 million for several U.S. territories and $2.5 billion for “high-need grantees” based on their population of low-income renter households, rental market costs, and employment changes since February 2020. • The Treasury Department would have to ensure each grantee receives at least half of its allocation within 60 days of the measure’s enactment. • Grantees would have to use the funds to provide financial assistance to eligible households, including for rental and utility payments. Total assistance provided to a household under the measure and the year-end package couldn’t cover more than 18 months. • Households would qualify for rental assistance if they have qualified for unemployment benefits, received an eviction notice, or have household income that doesn’t exceed 80% of the area median income, among other criteria. • Funds provided to grantees under the measure would remain available through Sept. 30, 2025. The measure also would extend the use of rental assistance funds under the year - end package through Sept. 30, 2022. Attachment 4 555 Homeowner Assistance • The measure would provide $9.96 billion to establish a Homeowner Assistance Fund at the Treasury Department. • The department would allocate funds to states, territories, and tribes to prevent homeowner mortgage defaults, foreclosures, and displacements. Funds could be used to Funds could be used to reduce mortgage principal amounts, assist homeowners with mortgage and other housing payments, and reimburse state and local governments for money spent to prevent housing losses due to Covid-19. • Covered mortgages would include those with an unpaid principal balance at the time of origination that was less than a loan limit set by the Federal Housing Finance Agency. • Each state, along with the District of Columbia and Puerto Rico, would receive at least $40 million. Additional amounts would be set aside for other U.S. territories and tribes. • Funding recipients would have to set aside at least 60% of their allocation to assist homeowners who make less than 100% of the local or national median income, whichever is greater. Emergency Housing • The measure would provide $5 billion for emergency Section 8 Housing Choice Vouchers. • The Housing and Urban Development Department would have to provide the vouchers through public housing agencies to individuals and families who are currently or recently homeless, and to those who are fleeing domestic violence, sexual assault, or human trafficking. • Public housing agencies couldn’t reissue the vouchers after Sept. 30, 2023. • An additional $5 billion would be allocated to state and local governments to provide supportive services for homeless and other at-risk individuals. • Permitted expenditures would include acquiring non-congregate shelter units, such as hotel rooms, that could be converted to permanent housing. • Other Housing Funds • $750 million to provide housing assistance and community development services through tribal grant programs. • $100 million to support individuals living in rural Agriculture Department-subsidized properties who have experienced income loss but aren’t receiving federal rental aid. • $100 million for grants to housing counseling groups, including through Neigh borWorks America. FEMA Disaster Relief • The measure would provide $50 billion for the Federal Emergency Management Agency’s Disaster Relief Fund to respond to Covid-19 and other major disasters and emergencies declared by the president. Funding would remain available through September 30, 2025. • The funding could also be used to provide financial assistance for pandemic -related funeral expenses with a 100% federal cost share. Emergency Food and Shelter Program • The measure would provide $510 million, with $110 million set aside to provide humanitarian relief to families and individuals encountered by the Homeland Security Department. Attachment 4 556 Firefighter Grants • The measure would provide a combined $300 million for FEMA’s firefighter grant programs. Emergency Management Performance Grants • The measure would provide $100 million for FEMA’s Emergency Management Performance Grants. TRANSPORTATION Transit Aid • The measure would provide $35 billion for grants to transit agencies, which could use the money for operating expenses including payroll costs and purchasing personal protective equipment. • The funding would include: o $26.1 billion for Urbanized Area Formula Grants. o $2.21 billion for urban area and rural area grantees that need additional assistance because of the pandemic. o $1.7 billion for Capital Investment Grants. Airport Assistance The bill would provide $8 billion in fiscal 2021 for airport sponsors, which generally refers to public agencies and private owners of public-use airports. • The bill would provide $8 billion in fiscal 2021 for airports, including airport concessions. • Airports that receive funding would be required to retain at least 90% of personnel employed as of March 27, 2020, through Sept. 30. • The Transportation Department could provide a waiver for the requirement if it determines that an airport is experiencing economic hardship or the requirement reduces aviation safety or security. Aviation Manufacturers Payroll Support • The measure would provide $3 billion to create a payroll support program for aviation manufacturers. • The measure would allow a 50% federal cost-share to cover wages and benefits for eligible employees for a maximum of six months. Employers would cover the other 50% and would have to maintain compensation at their April 1, 2020, levels. It would apply to a maximum of 25% of employees earning less than $200,000 a year. Employers couldn’t use funds to provide backpay for returning rehired or recalled employees. • Eligible employers would be required to demonstrate that they have involuntarily furloughed or laid off at least 10% of their workforce or experienced a 15% decrease in revenue in 2020 compared to 2019. They also would have to agree not to conduct layoffs or reduce pay for eligible employees until Sept. 30 or the duration of the agreement, whichever is later. Employers receiving other pandemic assistance, such as through the Payroll Protection Program, wouldn’t be eligible. Airline Payroll Support Attachment 4 557 • The measure includes $15 billion for the airline industry, to help cover employee wages and benefits. It would include similar terms from the previous tranches of airline payroll support. • Participating airlines and contractors couldn’t lay off workers until Sept. 30 or when the assistance is exhausted, whichever is later. They’d also have to continue complying with restrictions on stock buybacks, dividend payments, and executive pay. Rail Funding • The measure would provide $1.7 billion for Amtrak in fiscal 2021, including funds to restore the frequency of long-distance routes. FAA and TSA Employee Leave • The measure would provide $13 million for an Emergency TSA Employee Leave Fund and $9 million for an Emergency FAA Employee Leave Fund. • Money would be used to cover paid leave for Federal Aviation Administration and Transportation Security Administration employees, including those who: must quarantine or care for family members due to Covid-19-related concerns, must care for children due to school closures, or are receiving a Covid-19 vaccine. • Employees would be eligible for paid leave based on their hourly rates through Sept. 30, 2021. • Full-time employees couldn’t receive more than 600 hours of paid leave. Part-time and seasonal employees would be eligible for the proportional equivalent of 600 hours of paid leave as long as funding is available for reimbursement. • The Covid-related leave wouldn’t be provided if biweekly payments would exceed $2,800. It would be in addition to other paid leave and couldn’t be taken concurrently. Paid leave taken would reduce the total service used to calculate any retirement benefit. EDUCATION • The measure would provide $122.8 billion for grants to states to support local educational agencies in addressing learning loss. • Local agencies would have to use at least 20% of the funding for summer learning or enrichment, after-school programs, or extended-day or extended-year programs. The rest could be used for a number of education-related expenses, including inspection and improvement of school facilities to ensure adequate air quality, providing mental health services, and technology purchases. • The bill would direct the Education Department to use at least $800 million of the total to identify homeless children and provide them with wrap-around services and other assistance to facilitate school attendance. • States that receive the grants couldn’t reduce their spending levels on education as a proportion of their budgets during fiscal 2022 or 2023, compared with the average level from fiscal 2017 through 2019. Restrictions would also apply to per-pupil spending reductions in high-need and high-poverty school districts, compared with the state overall. • School districts would have to publish a plan within 30 days of receiving funds to safely return to in-person learning. • The measure also would provide $39.6 billion for emergency financial aid grants at higher education institutions. Funds could also be used to monitor and suppress the coronavirus and for outreach to financial aid applicants regarding potential adjustments related to the pandemic. Attachment 4 558 • The Education Department would also receive: o $850 million for support to outlying U.S. territories. o $100 million for research on addressing learning loss related to the pandemic. o $3.03 billion for grants and programming under the Individuals with Disabilities Education Act. o $2.75 billion for support to non-public schools. o $190 million for grants to educational organizations serving American Indians, Native Hawaiians, and Alaska Natives. • Outside of the Education Department, the measure would provide: o $850 million to the Bureau of Indian Education for support to schools and programs it funds or operates and for tribal colleges and universities. o $200 million to the Institute of Museum and Library Services for library improvements. o $135 million for grants through the National Endowment for the Arts. o $135 million for grants through the National Endowment for the Humanities. • Student Loans: The bill would exclude from taxable income any student loans discharged between Dec. 31, 2020 and Jan. 1, 2026. • For-Profit Institutions: The measure would also modify the “90/10” rule, under which for- profit institutions that obtain more than 90% of their revenue from federal student aid become ineligible for federal support. It would expand the rule to include additional programs, including veterans’ benefits. The change would take effect for institutions for their fiscal years beginning after Jan. 1, 2023. VETERANS AFFAIRS Funding for the Veterans Affairs Department would include: • $14.5 billion for health care, which would include as much as $4 billion for veterans to receive care outside the VA. • $750 million for State Veterans Homes. • $272 million for claims and appeals processing. • $100 million for supply chain modernization initiatives. Copayments and Cost Sharing • The measure would provide $1 billion for the VA to waive health insurance copayments and other cost-sharing expenses incurred by veterans from April 6, 2020, when the department first paused medical billing, through Sept. 30, 2021. • The VA would be directed to reimburse veterans for copayments made during that period. Job Training • The measure would also provide $386 million to create a rapid retraining program for veterans who are unemployed because of the pandemic and who haven’t received VA educational assistance or unemployment payments. • The program would provide no more than 12 months of assistance for eligible veterans to receive training for high-demand jobs or in high-technology programs. The program would be limited to 17,250 veterans and would end after 21 months. Attachment 4 559 • The VA would provide monthly benefit payments directly to eligible programs and a monthly housing stipend to veterans. Programs would receive 50% of funding when the veteran starts, 25% when they complete the program, and 25% when they find a job. • The VA would also have to contract with a nonprofit organization to facilitate employment for participants. Employee Leave Fund • The measure would create and provide $80 million for an Emergency Department of Veterans Affairs Employee Leave Fund in the Treasury. • Money would be used to cover paid leave for Veterans Health Administration employees, including those who must quarantine or care for family members due to Covid-19-related concerns, must care for children due to school closures, or are recovering because of complications from immunizations. • Employees would be eligible for paid leave based on their hourly rates through Sept. 30, 2021. • Full-time employees couldn’t receive more than 600 hours of paid leave or $2,800 in a biweekly pay period. It would be in addition to other paid leave and couldn’t be taken concurrently. Any paid leave provided would reduce total service used to calculate retirement benefits. TAX PROVISIONS Direct Payments • The bill would provide another round of direct payments of as much as $1,400 for an individual, $2,800 for joint filers, and $1,400 for each qualifying dependent. • The payments would begin to phase out for individuals with adjusted gross incomes of $75,000 and would be zero for AGIs of $80,000 or more. Those amounts would be doubled for joint filers. • Dependents would include full-time students younger than 24 and adult dependents. Individuals who died before Jan. 1, 2021, wouldn’t be eligible for the payments. • Payments would be based on 2019 or 2020 tax returns. The Treasury Department could provide payments to individuals who haven’t filed based on return information available to the department. • It would direct the Treasury Department to pay U.S. territories to cover the costs of providing the payments. Earned Income Tax Credit • The measure would expand the earned income tax credit for taxpayers without children for 2021 by increasing the credit percentage and phase out thresholds. • It also would allow taxpayers ages 19 and older without children to qualify, eliminating the 25 to 64 age range for the year. Individuals who are homeless or were in foster care could claim the credit beginning at age 18, and full-time students could claim it beginning at age 24. • Other changes to the EITC that would apply beginning in 2021 include: o Eliminating a rule that bars individuals who have children without Social Security numbers from claiming the childless EITC. o Allowing individuals who are separated from their spouses to claim the EITC on a separate return if they live with their child for more than half of the year. Attachment 4 560 o Increasing the limitation on the EITC for individuals with a certain amount of investment income to $10,000, from $3,650 in 2021, and adjusted for inflation. • The measure would direct the Treasury Department to make payments to U.S. territories for their EITC costs. The department would match up to three times the cost of the EITC in Puerto Rico if it increases its current credit. Child Tax Credit • The measure would expand the child tax credit, which provides a credit of as much as $2,000 for each child younger than 17, for 2021. • The bill’s changes to the CTC would include: o Making it fully refundable, meaning the entire credit could be provided as a refund if it exceeds an individual’s income tax liability, instead of partially refundable under current law. o Increasing the maximum credit to $3,600 for each child younger than 6 and $3,000 for other children. o Allowing it to be claimed for 17-year-olds. • The increased credit amount would be phased out beginning at an adjusted gross income level of $75,000 for individuals and $150,000 for joint filers. Once the credit reaches $2,000, the current law phase-outs levels, $200,000 for individuals and $400,000 for joint filers, would apply. • The Treasury Department would have to establish a program to advance CTC payments on a periodic basis beginning on July 1. The department would be directed to establish an online portal to allow individuals to opt-out of receiving the advanced payments. • The department would also have to make payments to U.S. territories to cover their CTC costs, except for Puerto Rico, whose residents would file directly with the IRS. Dependent Care • The bill would temporarily increase the value of the child and depen dent care tax credit, which covers 35% of care expenses of as much as $3,000 for one dependent or $6,000 for two or more dependents. • The measure would, during 2021: o Make the credit refundable. o Increase the maximum allowable expenses to $8,000 for one depen dent and $16,000 for two or more. o Allow the credit to cover 50% of expenses. o Begin phasing out the credit at $125,000, instead of $15,000. • The measure would also exclude as much as $10,500 in employer-provided dependent care from tax in 2021, instead of as much as $5,000. Employee Retention Credit • The measure would extend through Dec. 31 an employee retention credit established by the CARES Act. • It was expanded and extended to July 1 a previous law. • The measure also would expand eligibility for the credit to new startups that were established after Feb. 15, 2020, and companies if their revenue declined by 90% compared to the same calendar quarter of the previous year. The credit would be capped at $50,000 per calendar quarter for startups Paid Leave Credits Attachment 4 561 • The bill would extend through Sept. 30 tax credits for employer-provided paid sick and family leave, which were established under the Families First Coronavirus Response Act. • The value of the credits would be increased to match the employer’s share of contributions to defined benefit plans and registered apprenticeship programs. • The measure also would: o Increase the wages covered by the paid family leave credit to $12,000 per worker, from $10,000. o Cover as many as 60 days of paid family leave for self-employed individuals instead of 50. o Expand the paid leave credits, including for self-employed individuals, to cover Covid-19 vaccinations or wait times for test results or diagnoses. o Bar employers from receiving credits if their paid leave favors highly compensated employees, full-time workers, or employees based on tenure. Corporate Interest Expenses • The measure would eliminate the ability of companies to allocate interest expenses on a worldwide basis beginning in 2021. The election allows corporations to claim additional foreign tax credits against their U.S. tax liability, according to a Congressional Budget Office estimate. Small Business Grants Exclusion • Advance funds provided through the Small Business Administration’s Economic Injury Disaster Loan program and restaurant grants created by the bill would be excluded from gross income for tax purposes. Business Losses • The measure would extend rules relating to limitations on “excess business losses” for noncorporate taxpayers for one additional year, through 2026. • Under the Republicans’ 2017 tax overhaul, taxpayers were allowed deductions for business-related losses up to a certain amount, which was later modified by the CARES Act. Executive Compensation • Beginning in 2027, the limitation on deducting compensation for publicly traded companies’ five most highly paid executives would be expanded to include the next five additional highly compensated employees. Third Party Transactions • The measure also would lower the threshold below which third party settlement organizations don’t need to report certain transactions to $600, from $20,000. LABOR PROVISIONS The Senate version removed the provisions that would have raised the national minimum wage to $15 per hour by 2025. Unemployment Extensions Attachment 4 562 • The measure would modify and extend several pandemic-related unemployment benefits created under the CARES Act and extended under the year-end spending and aid package. • It would extend the extra $300, the Federal Pandemic Unemployment Compensation, through Sept. 6. The House-passed version of the package would have increased the payments to $400 and extended them through Aug. 29. • The bill would extend through Sept. 6 other CARES Act jobless benefits slated to expire on March 14, with changes that would include: o Increasing the duration of Pandemic Unemployment Assistance (PUA) benefits to as long as 79 weeks, from 50 weeks, for individuals who don’t qualify for regular benefits. o Extending to 53 weeks, from 24 weeks, benefits for those who’ve exhausted regular benefits under the Pandemic Emergency Unemployment Compensation program. • The first $10,200 of unemployment benefits received would be excluded from certain taxpayers’ adjusted gross income beginning in 2020. The provision would apply to taxpayers with income that’s less than $150,000. • It also would extend through Sept. 6: o Federal payments to nonprofits and government agencies for 75%, increased from 50%, of the costs of providing unemployment benefits. o Interest-free federal loans for state unemployment trust funds. o Full federal funding to qualifying states for the Extended Benefit and work-sharing programs. o Full, instead of partial, federal funding for states to provide regular unemployment benefits without a waiting period. • The measure would provide $2 billion for the Labor Department to address fraud and access to unemployment benefits. Funds could be used to provide grants to states and territories to develop tools for identity verification and fraud detection and to accelerate claims processing. • It would exclude the additional $100 weekly jobless benefit for self-employed individuals who weren’t eligible for PUA benefits, created under Public Law 116-260, from income for eligibility purposes under Medicaid and the Children’s Health Insurance Program. • The bill would modify and extend similar additional unemployment benefits for railroad workers. Workplace Safety • The measure would provide $200 million for the Labor Department to carry out worker protection activities related to the Covid-19 pandemic. • Of that amount, at least $100 million would be allocated to the Occupational Safety and Health Administration (OSHA). Funding would support OSHA enforcement in high-risk sectors, such as meat processing and health care, and the Susan Harwood grant program, which promotes workplace safety in higher education institutions and nonprofit organizations. Federal Employee Leave • The measure would provide $570 million for an Emergency Federal Employee Leave Fund to be administered by the Office of Personnel Management. • The fund could be used to reimburse federal agencies for emergency leave taken by civilian employees and postal workers, including if they have or are caring for someone Attachment 4 563 with Covid-19, are looking after children during virtual classes, or are obtaining a Covid-19 vaccine. • Paid leave under the measure couldn’t exceed 600 hours per employee and would have to be used by Sept. 30. The measure would cover some District of Columbia employees and exclude military personnel. • The measure also would extend through Sept. 30 reimbursements for federal contractors that provide paid leave to employees or subcontractors who can’t work because of Covid- 19. The authority is set to expire on March 31. Other Labor Provisions • The bill would establish a presumption that a Covid-19 diagnosis is work-related and would authorize benefits, including disability, medical, and survivor benefits for federal and postal employees. It would cover employees who worked and contracted Covid-19 during a three-year period starting Jan. 27, 2023, including federal workers who had engaged with patients or members of the public. • The provision wouldn’t apply to full- or part-time employees teleworking. HEALTH CARE Medicaid Expansion • Covid-19 Coverage: Covid-19 vaccines and treatments would be covered until a year after the pandemic ends at no cost to beneficiaries under Medicaid and the Children’s Health Insurance Program. The federal medical assistance percentage (FMAP) would be increased to 100% for vaccine costs during that period. o Vaccines and treatment would also be covered for the uninsured. Outpatient drugs used for Covid-19 treatment would be included in the Medicaid Drug Rebate Program. • Coverage Expansions: The measure would increase a state’s FMAP by 5 percentage points for two years if it expands Medicaid to cover the newly eligible adult population under the Affordable Care Act. The provision is intended to encourage the 12 states that haven’t expanded the program to do so. o The measure also would allow states, for five years, to provide full Medicaid benefits to eligible pregnant women for a year after giving birth. o It also would increase the FMAP for various services, including: ▪ Providing an 85% FMAP for the first three years of covering mobile crisis intervention services for mental health or substance use disorders, which would expire after five years. ▪ Providing a 100% FMAP for two years for services received through an Urban Indian Organization or Native Hawaiian Health Center. ▪ Increasing a state’s FMAP by 10 percentage points for home and community-based services for one year. • Drug Rebates: The measure would end, in 2024, a cap on the rebate that drug companies provide to Medicaid, which is currently limited to 100% of the average manufacturer price. Once that cap is reached, drug makers can raise their prices without increasing the net rebates that must be paid. Health-Care Funding • Funding for the Health and Human Services Department to respond to the pandemic would include: Attachment 4 564 o $47.8 billion for testing and tracing activities. o $8.5 billion for vaccine activities at the Centers for Disease Control and Prevention. o $7.66 billion to expand the public health workforce, including grants to state, local, and territorial health departments. o $7.6 billion for community health centers. o $6.09 billion for tribal health programs. o $6.05 billion to support manufacturing and purchasing vaccines. o $3 billion for block grant programs under the Substance Abuse and Mental Health Services Administration. o $1.75 billion for genomic sequencing and surveillance. o $800 million for the health workforce. o $750 million for CDC global health activities. o $500 million for the Food and Drug Administration to continue evaluating Covid-19 vaccines and therapeutics. o $500 million for CDC data modernization and forecasting. o The measure also would provide$8.5 billion for rural health-care providers for expenses and lost revenue related to Covid-19, $250 million for “strike teams” to assist skilled nursing facilities and $200 million for infection control support at those facilities. • The measure removed a provision that would have allocated $1.8 billion for testing and mitigation activities in congregate settings, such as prisons, long-term care facilities, and residential treatment facilities. Medicare Changes • The measure would allow the Centers for Medicare and Medicaid Services to waive a requirement during the pandemic that ambulance services include transportation to a hospital to receive Medicare payments, if they didn’t transport the patient because of Covid- 19-related protocols. • It also would require CMS to reinstate a rural floor for the wage index that applies to hospitals in all-urban states. It wouldn’t be applied in a budget-neutral manner. ACA Tax Credits • The measure would expand the Affordable Care Act’s premium tax credits for health insurance purchased through an exchange. • The law provides refundable credits for households with income that’s 100% to 400% of the federal poverty level (FPL). The law caps premium costs based on a percentage of income, and the credit covers any amount above that cap up to the cost of a “benchmark” plan. • For 2021 and 2022, the bill would eliminate premiums for individuals at 150% of the FPL or less, and reduce premiums for all other households. It also would make households above 400% of the FPL eligible, with a premium cap of 8.5% of income. The premium caps currently range from about 2% to 9.8%, and are adjusted annually for inflation. • The measure would also allow taxpayers who receive unemployment compensation in 2021 to be eligible for the credit without any premiums, by disregarding any income above 133% of the FPL. • The measure also wouldn’t allow excess premium credits to be recaptured in 2020. Cost-Sharing Subsidies • The bill would allow individuals who receive unemployment compensation in 2021 to qualify for reduced cost-sharing under the ACA. The law requires insurers to reduce out-of-pocket Attachment 4 565 costs, such as copays and deductibles, for enrollees whose income is between 100% and 400% of the FPL and who enroll in a silver plan through the law’s exchanges. • The measure would disregard income that exceeds 133% of the FPL for purposes of determining the cost-sharing reduction amounts. COBRA Coverage • The measure would subsidize 100% of premiums for individuals eligible for COBRA continuation coverage if they lose their job. • The individual wouldn’t have to pay any premiums, and the employer or health plan could claim a refundable tax credit against its Medicare payroll tax liability for the cost of the premiums. • The premium assistance under the measure would be available through Sept. 30 for individuals who were involuntarily separated from their jobs or had their hours reduced. • It wouldn’t be available once an individual becomes eligible for coverage under another group health plan or Medicare. A $250 penalty could be imposed if individuals don’t notify the plan when they are no longer eligible, or as much as 110% of the premium assistance due after they were no longer eligible for a fraudulent failure to notify. TANF Funding • The measure would provide $1 billion for a Pandemic Emergency Assistance Fund under the Temporary Assistance for Needy Families (TANF) program. • The bulk of the funding would be allotted to states and Washington, D.C., based on the number of children in the state and its spending for assistance in 2019. States could use a maximum of 15% of funding for administrative purposes. • The remaining 7.5% would be allotted to territories and American Indian tribes. Funding would be exempt from the cap on total TANF payments to the territories. Child Care • The measure would provide about $24 billion for grants to child care providers to use for payroll, rent, personal protective equipment, mental health support, and other needs. They would have to provide tuition relief to families and couldn’t furlough or reduce pay for employees. • The Child Care and Development Block Grant, a discretionary program that subsidizes child care for low-income families, would receive $15 billion. The bill would allow funds to be used for essential workers regardless of income. • Funding for the Child Care Entitlement to States, a mandatory program that subsidizes child care for low-income families, would be increased to $3.55 billion per year, from $2.92 billion. • Head Start, which supports preschool for low-income children, would receive an additional $1 billion. Defense Production Act • The measure would provide $10 billion to use the Defense Production Act to purchase, produce, and distribute medical supplies and equipment related to Covid -19. That would include tests, face masks, personal protective equipment, and drugs and vaccines to treat or prevent Covid-19. • Under the DPA, the president can require manufacturers to prioritize contracts related to national defense and other emergencies. It also authorizes the president to allocate scarce goods and provide incentives such as loans and contracts to help expand production. Attachment 4 566 Other HHS Programs • $4.5 billion for the Low-Income Home Energy Assistance Program. • $1.43 billion for programs under the Older Americans Act, including $750 million for nutrition programs. • $852 million for the Corporation for National and Community Service, including $620 million for AmeriCorps. • $450 million for programs under the Family Violence Prevention and Services Act, including $198 million for grants to support survivors of sexual assault. • $425 million for programs under the Administration for Children and Families that provide direct services to children as needed for pandemic-related costs. • $350 million for programs under the Child Abuse Prevention and Treatment Act • $50 million for the Title X Family Planning program. AGRICULTURE & NUTRITION • The measure would extend a 15% increase to monthly benefits under the Supplemental Nutrition Assistance Program (SNAP) through Sept. 30. Created by the year-end spending and coronavirus response package, the increase is scheduled to lapse on June 30. • The package also would provide $1.15 billion to states for SNAP administration, as well as $1 billion for grants for nutrition assistance programs in U.S. territories. • The measure would provide $490 million to the Agriculture Department to increase the amount of the cash-value voucher provided under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to as much as $35 during the pandemic. Participating states could apply the increase for as long as four months after opting in. The increased authority for both states and the department would end on Sept. 30. • The measure also would provide $390 million to increase participation in WIC through outreach and program modernization. • It would direct the Agriculture Department to reimburse emergency shelters under the National School Lunch Program for meals provided to individuals younger than 25 who receive services there. • It would extend the Pandemic Electronic Benefit Transfer (EBT) program, established by the Families First Coronavirus Response Act, through any school year or summer period following an academic year during a designated public health emergency. The program, which allows for food aid to be provided to families during school closures, had been limited to fiscal 2020 and 2021 and to school year 2020-2021. It would also include Puerto Rico, American Samoa, and the Northern Mariana Islands in the program. Other USDA Programs • The measure would appropriate $4 billion to the Agriculture Department to purchase and distribute food and agricultural commodities, including seafood, and to make grants and loans to small and midsized food processors and distributors. • From that total, the department would use: o $300 million for monitoring and surveillance of animals susceptible to Covid-19 transmission. o $100 million to reduce the amount of overtime meat, poultry, and egg inspection costs at small establishments. • The measure would provide $500 million for an Agriculture Department emergency pilot grant program, supporting organizations providing Covid-19-related services in low- income rural areas. Attachment 4 567 • The package also would appropriate such sums as may be necessary for loan modifications and payments to address “longstanding and widespread discrimination against socially disadvantaged farmers and ranchers” in Agriculture Department programs. The department could pay as much as 120% of each such farmer or rancher’s debt on loans it made or guaranteed. • It would provide $1.01 billion for grants and loans to improve land access for socially disadvantaged farmers, ranchers, and forest landowners, as well as scholarships, outreach, financial training, and other technical assistance. • The measure would also provide $800 million for Food for Peace grants. PENSION PROVISIONS Multiemployer Pensions • The measure would establish a fund for the Pension Benefit Guaranty Corporation (PBGC) to provide financial assistance to struggling multiemployer pension plans. It would appropriate “such amounts as are necessary” from the general fund to cover the costs of the assistance, which plans wouldn’t have to repay. • The assistance would cover all benefits due from the bill’s enactment through 2051, with generally no reduction to a beneficiary’s accrued benefit. • A plan would be eligible for assistance if it meets any of the following: o Is in critical and declining status, the most severe of several “zones” used to classify plans’ financial distress, in any plan year beginning in 2020 through 2022. o Is certified to be in the critical zone in any of those years with additional markers of distress, such as the ratio of assets to liabilities and active to inactive participants. o Is insolvent and hasn’t been terminated as of the bill’s enactment. o Has been approved to suspend benefit payments as of enactment. • Applications for assistance would have to be submitted by Dec. 31, 2025. • The bill would also: o Allow plans to retain their 2019 funding zone designation for 2020 and 2021, with an exception for some plans that enter the critical zone in that period. Plans in endangered or critical status in 2020 or 2021 to extend their rehabilitation periods for an extra five years. o Permit plans to amortize investment and other losses incurred after Feb. 29, 2020, over 30 years instead of 15. o Set plan premiums at $52 per participant beginning in 2031. The rate would be adjusted using the national average wage index after that. Pension Smoothing • The measure would extend and modify “pension smoothing,” which increases the interest rates used to calculate pension fund liabilities, allowing companies to contribute less money to pension plans in the short term. The contributions are tax deductible, so lower payments would increase taxable income and federal revenue. • The tactic has been used to help pay for previous laws, including the 2015 Bipartisan Budget Act (Public Law 114-74), which imposed higher rates through 2021 that were phased down by 2023. • The bill would extend the higher rates through 2026, after which they would phase down by 2030. The measure would also impose a 5% floor on the interest rates used in the calculation. Attachment 4 568 Other Pension Provisions • The measure would set previous funding shortfalls in single-employer plans to zero and extend to 15 years, from seven, the amortization periods for shortfalls beginning in 2020. The measure would allow plan sponsors to apply the extended period for the 2019 plan year. ADDITIONAL PROVISIONS • $3 billion for the Economic Development Administration’s Economic Adjustment Assistance Program was removed from the bill. • Broadband: The measure would create an “Emergency Connectivity Fund” in the U.S. Treasury and appropriate $7.17 billion into it to cover the purchase of broadband service and devices by schools and libraries for use by students, staff, and patrons at other locations. • Consumer Protection: The measure would provide $50 million for additional consumer product safety inspectors at U.S. ports of entry during the pandemic, with a particular focus on products related to Covid-19. • EPA Programs: The legislation includes $100 million for the Environmental Protection Agency, which would be split among grants to promote environmental justice and grants under the Clean Air Act. • GAO: The Government Accountability Office would receive $77 million. • Oversight Committee: The Pandemic Response Accountability Committee would receive $40 million to oversee the use of Covid-19 relief funds. The panel is part of the Council of the Inspectors General on Integrity and Efficiency and includes IGs and acting IGs from around the government. • NIST: $150 million would be provided for the National Institute of Standards and Technology to fund research, development, and testbeds. There would be no cost-sharing requirements. • CPB: It would provide $175 million to the Corporation for Public Broadcasting to maintain services and preserve small and rural stations, including for grants to public telecommunications entities. • Fish & Wildlife: The measure would provide $95 million to the U.S. Fish and Wildlife Service, which would be used for wildlife inspections, care of captive endangered species, and research related to wildlife disease outbreaks. • Consumer Protection: The measure would provide $50 million for additional consumer product safety inspectors at U.S. ports of entry during the pandemic, with a particular focus on products related to Covid-19. • Customs User Fees: The measure would extend certain customs user fees and rates for merchandise processing fees to Sept. 30, 2030, from Oct. 21, 2029. • Cybersecurity & IT Funds: The package would provide: o $1 billion for the General Services Administration’s Technology Modernization Fund, which was established to upgrade federal agency IT systems. o $650 million for the Homeland Security Department’s Cybersecurity and Infrastructure Security Agency to mitigate cybersecurity risks. o $200 million for the U.S. Digital Service, a White House unit that provides IT support to federal agencies. o $150 million for the GSA’s Federal Citizen Services Fund, which is used to support public access to federal information and services. Attachment 4 569 FOREIGN ASSISTANCE & STATE DEPARTMENT The measure’s funding for foreign assistance and the State Department would include: • $3.75 billion for State Department HIV/AIDS prevention programs to address Covid-19, most of which would go to the Global Fund to Fight AIDS, Tuberculosis and Malaria. • $3.09 billion for U.S. Agency for International Development Covid-19 response and disaster relief. • $930 million for Covid-19 prevention and response, including activities to address the economic effects of the pandemic. • $905 million for USAID global health activities, including a contribution to a multilateral vaccine development partnership. • $580 million for multilateral assistance, including the United Nations’ Global Humanitarian Response Plan for Covid-19. $500 million for migration and refugee assistance. Attachment 4 570 Item 8.1 Approval of the ARPA Funding Budget for FY 2021-22 April 20, 2021 571 Background •On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA). –Sweeping $1.9T COVID-19 aid package –Included a myriad of COVID-19 relief programs •Funding for restaurants, small businesses, housing assistance, support to residents through direct cash payments and expanded social safety net programs. –Specifically allocated $130.2B for the Coronavirus State and Local Fiscal Recovery Funds. 572 Local Fiscal Recovery Fund-Overview •Under ARPA, City will receive approx. $12.2M in total funding, for certain eligible expenses. –Distributed in two equal tranches –No later than June 2021 and June 2022 •Dublin’s allocation based off population •Final funding amounts are being determined by U.S. Department of the Treasury –Amount may change due to possibility of using new 2020 Census data. –Determination is expected by the end of this month. 573 Eligible Spending Categories 1.COVID-19 Response –Responding to the public health emergency with respect to COVID-19 or its negative economic impacts, which include assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality. 2.Premium Pay for Essential Workers –Providing premium pay to eligible workers of the city or by providing grants to eligible employers that have eligible workers who perform essential work. 3.Local Government Revenue Replacement –Providing government services to the extent of the reduction in revenue of the City due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the City prior to the emergency (FY 2018-19). 4.Infrastructure Investments –Making necessary investments in water, sewer, or broadband infrastructure. 574 Eligible Spending Categories, 2 •Can only use the funds to cover costs incurred by December 31, 2024. •City can transfer funds to: –Private nonprofit groups –Public benefit corporations or multistate entities involved in passenger/cargo transportation –Special-purpose units of state/local government •Cannot deposit funds into a pension fund. •Further regulations on eligible uses will be determined by guidance from the Treasury Department. –Proposed budget is in alignment with the text of the law. 575 Proposed Budget: Category 1—COVID-19 Response •$1,421,461 to reimburse the City for funding: –Small Business Microloan Program (Small Business Assistance Fund) –Alameda County CARES Act Matching Grant Program (General Fund) –Small Business Recovery Grant Program (General Fund) •$533,632 to reimburse General Fund COVID- 19 response expenses not captured by CARES Act funding. 576 Proposed Budget: Category 1—COVID-19 Response •$300,000 in Fiscal Year 2021-2022 for anticipated COVID -19 related expenses like enhanced janitorial services and the purchase of disinfecting supplies for City facilities. •$1,213,947 for future COVID-19 related Economic Development Programs to be reviewed and approved by the City Council at a future City Council meeting. This amount is the residual amount remaining after accounting for all other categorial reimbursements or expenditures. •$163,251 to augment funding for certain Human Services Grantees who are providing services eligible under ARPA. 577 Proposed Budget: Category 3—Revenue Replacement •$2,468,746 to recoup the net negative losses from Parks and Recreation program revenue over the duration of the pandemic. –$1,014,500 in FY 2019-20 –$1,454,246 in FY 2020-21 578 Other Considerations •City will need to provide periodic reports to Department of the Treasury accounting for the use of these funds. –Resolution creates a new Fund for this purpose. •Total funding amount may change marginally. –Resolution grants the City Manager to adjust the budget based on the change in final funding amount whether positive or negative. •Budgeting for second tranche of funds will take place during the Fiscal Year 2021-22 and 2022-23 budget process. 579 Staff Recommendation •Adopt the Resolution Approving the American Rescue Plan Act Budget for Fiscal Year 2021-22 and Establishing a Fund to Track Related Expenditures. 580 Questions and Discussion 581 Proposed FY 2021-22 ARPA Budget 582 STAFF REPORT CITY COUNCIL Page 1 of 16 Agenda Item 8.2 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:2020-2025 Five-Year Capital Improvement Program Update Prepared by: Laurie Sucgang, City Engineer and Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will receive an update of the 2020-2025 Five-Year Capital Improvement Program adopted in Fiscal Year 2020-21. STAFF RECOMMENDATION: Receive the report and provide direction to Staff for the Capital Improvement Program Update to be presented to the City Council on June 1, 2021. FINANCIAL IMPACT: Any financial impact resulting from City Council direction will be included in the Fiscal Year 2021- 22 budget proposal scheduled for the June 1, 2021 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 years in between the CIP adoption, Staff provides the City Council with an update to the CIP, which may include new projects and revisions to existing projects. The current CIP for years 2020-2025, was adopted by the City Council on June 9, 2020, therefore the CIP included in this report serves as an update. A new CIP cycle will start in Fiscal Year 2022- 23. 2020-2025 CIP Projects The 2020-2025 CIP Update summary is provided as Attachment 1, which includes total projects costs and funding sources. 583 Page 2 of 16 Projects in the CIP are identified in four major categories. Below is a summary of the 2020-2025 CIP expenditures by category, followed by a description and status of the projects in each category. New projects and projects with proposed budget adjustments are indicated in bold italics. 2020-2025 CIP Expenditures Category 2020-21 2021-22 2022-23 2023-24 2024-25 Total General $14,981,037 $6,991,969 $2,315,200 $690,360 $205,000 $25,183,566 Public Art $608,397 $544,700 $375,000 $0 $0 $1,528,097 Parks $41,997,952 $7,533,216 $1,577,034 $3,938,435 $8,603,705 $63,650,342 Streets $41,361,423 $9,230,242 $13,310,390 $3,458,695 $3,862,775 $71,223,525 Total $98,948,809 $24,300,127 $17,577,624 $8,087,490 $12,671,480 $161,585,530 General Improvements Audio Visual System Upgrade (GI0421): This project provides for audio visual system upgrades in the Ambrose Hall and adjoining conference room at the Shannon Community Center and the Program Room at the Dublin Library. The upgrades will include replacement of equipment to improve the service quality for rentals, meetings, and corporate events. The upgrade will also bring the audio-visual systems to current industry standards. The total project cost is $109,040 funded by the General Fund. A request for proposals was released in spring 2021 with the proposals and award of an agreement anticipated to be presented to the City Council in June 2021. Citywide Energy Improvements (GI0121): This project provides for the planning (Investment Grade Audit), design, and construction of various energy upgrades, efficiency improvements, lighting upgrades, energy generation, solar photovoltaic systems, and energy storage projects at facilities, parks, and other City-owned property. The project includes construction of lighting upgrades in Fiscal Year 2022-2023 at Mape Memorial Park, Alamo Creek Park, and Ted Fairfield Park. Future construction phases and funding sources will be determined during project planning and may include a variety of site and building energy efficiency improvements and lighting upgrades at Emerald Glen Park and at the Phase 1 area of Fallon Sports Park. The total project cost is $517,420 funded by the General Fund with possible future funding sources such as power purchase agreements and on-bill financing through PG&E. On November 17, 2020, the City Council approved a contract with Willdan Energy Solutions to proceed with an Investment Grade Audit to develop energy efficiency and infrastructure improvement projects. 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 portion of the Civic Center complex. With the roof replacement, the project will also upgrade communications infrastructure for new data connections to 584 Page 3 of 16 offices, workstations, and conference rooms. The project will be completed in several phases to minimize disruption to the public and to Staff working within the buildings. The HVAC and roof improvements for the future Cultural Arts Center portion of the Civic Center complex will be completed with the renovation of the Cultural Arts Center Project, CIP No. GI0120. The total project cost is $4,895,155 funded by the General Fund, Internal Service Fund, and IT Fund. The project is currently under construction and is anticipated to be completed by summer. Civic Center Rehabilitation (GI0001): This project provides for the planning, design, and construction of various rehabilitation and renovation projects at the Civic Center. Projects may include renovation of all restrooms, showers, kitchenettes, and the employee break room; modifications to conference rooms; lighting and ceiling replacement; site improvements to the parking lot area and surrounding walkways of the Civic Center; building security evaluation and upgrades; repainting; and Americans with Disabilities Act and Code upgrades. Interior repainting in select areas were completed during the construction of the Civic Center HVAC and Roof Replacement project, and minor parking lot and walkway improvements are anticipated to be designed and constructed in conjunction with the Cultural Arts Center project. Planning for other projects is anticipated to begin in Fiscal Year 2021-22. The total project cost is $2,241,370 funded by the General Fund. Cultural Arts Center (GI0120): This project provides for the design and improvement of an approximately 13,000-square-foot Cultural Arts Center on the first floor of the Civic Center, which was formerly 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 Cultural Arts Center could include an Art gallery; Black Box theater space; multi-purpose art and music classrooms; a dance studio; and restrooms. The project also provides for the replacement of the heating, ventilation, and air conditioning (HVAC) systems, HVAC controls, roof replacement, major upgrades to the main telecommunications room, and the relocation of the Parks and Community Services Department offices to the second floor of the Cultural Arts Center. The total project cost is $11,972,035 funded by the Public Facilities Fee Program, General Fund, and Internal Service Fund. In October 2019, the City Council approved an agreement with Group 4 Architecture Research and Planning, Inc. to design the Cultural Arts Center. Electric Vehicle (EV) Charging Stations (GI0219): This project provides for the design and construction of at least two electric vehicle (EV) charging spaces at The Wave at Emerald Glen Park and the underground infrastructure for future expansion. In future years, the project could provide for design and construction of EV charging spaces at other City facilities. Staff will apply for grant funding that will pay for charging units themselves; agencies typically fund conduits, wiring, and electrical panel upgrades as local match contribution to grant funding. The total project cost is $142,041 funded with the General Fund Reserve designated for Innovation/New Opportunities. Installation of EV charging units at The Wave is planned for spring/summer 2021. 585 Page 4 of 16 Library Tenant Improvement (GI0521): This project provides for the design and construction of tenant improvements to the Dublin Library, including completion of 5,150 square feet of currently unoccupied space within the library building. The 37,000 square- foot library building was completed in Fiscal Year 2002-2003, however, only 30,000 square feet was occupied. In Fiscal Year 2016-2017, a tenant improvement project was completed which opened an additional 1,850 square feet of space adjacent to the children's area. This project will open the remaining 5,150 square feet of building area for library and community use. Improvements may include removal of interior walls and the installation and modification of shelving and fixtures; carpet replacement; and repainting. The project is consistent with the 2016 Alameda County Library Space Plan. The total project cost is $1,839,970 funded by the Public Facilities Fee Program and Internal Service Fund. Design is anticipated to begin in Fiscal Year 2022-23. Resiliency and Disaster Preparedness (GI0221): This project provides for the planning, design, and construction of various disaster and emergency preparedness improvements to facilities and major signalized intersections to prepare for future PG&E Public Safety Power Shutoff events and other emergency events. Improvements may include energy storage, back-up power generators, transfer switches for temporary generators, battery backup units for traffic signals, temporary traffic control devices, portable changeable message electronic boards, power outage alarms and notification systems. The total project cost is $703,095 funded by the General Fund. On November 17, 2020, the City Council approved a contract with Willdan Energy Solutions to proceed with an Investment Grade Audit to develop energy efficiency and infrastructure improvement projects, including projects that support resiliency and disaster preparedness efforts. Solar Photovoltaic System (PV) Canopies at The Wave (GI0321): This project provides for the planning, design, and construction of a solar photovoltaic system, such as solar arrays on canopy structures in the parking lot of The Wave, for energy generation, potential energy storage, and energy efficiency improvements at The Wave facility at Emerald Glen Park. The total project cost is $168,150 funded by the General Fund with possible additional funding through a power purchase agreement with an energy service provider. On November 17, 2020, the City Council approved a contract with Willdan Energy Solutions to proceed with an Investment Grade Audit to develop energy efficiency and infrastructure improvement projects, including a PV project at The Wave. Public Art Camp Parks Sign (PK0121): This project includes the restoration and relocation of the historic Camp Parks entrance sign from its current location at approximately 201 Dougherty Road to the new entrance at Camp Parks Boulevard and Dougherty Road. The original sign was constructed by artist/architect Bruce Goff in the 1940s and is eligible for the National Register. Rehabilitation will be in accordance with standards and guidelines per the U.S. Department of the Interior National Park Service. The addition of functional public art will be incorporated into the sign relocation site. The total project cost is $500,450 funded by the Public Art Fund. Design and engineering are anticipated to begin in summer/fall 2021. 586 Page 5 of 16 Heritage Park Public Art (PANEW01):This project could include a monument piece at the northern edge of the park along Dublin Boulevard, as well as sculpture benches, culture walks, diversity streams, and artifact cubes as originally outlined in the Heritage Park Master Plan. These artistic elements will represent Dublin's rich heritage, culture, and diversity. The total project cost is $519,700 funded by an Art in-lieu contribution from the Schaefer Ranch Development and the Public Art Fund. Parks Alamo Creek Park - Fence Replacement (PKNEW01): This project provides for the design and construction of replacement fencing in and around Alamo Creek Park, split between general City property and City property that falls within Landscape and Lighting District No. 1986-1, which has its own funding source. o Non-Assessment District Portion: The project will include replacement of fencing on both sides of Alamo Creek, which runs through the middle of the park, and the fencing along the park street frontages of Dougherty Road, Wildwood Road, and Willow Creek Drive. In addition to the steel fencing, the existing decorative concrete masonry walls, which include integrated tubular steel fence elements, will be evaluated, repaired as needed, and repainted. This portion of the project cost is estimated at $450,000 funded by the General Fund. o Assessment District Portion: The Alamo Creek Park tubular steel fencing matches other fencing on Amador Valley Boulevard west of Wildwood Road, on the west sides of Fall Creek Road and Wildwood Road, and on the north side of Willow Creek Drive. This other fencing, and the associated landscaping, is within Landscape and Lighting District No. 1986-1. Assessments are levied on properties within the District to cover maintenance of these fences and landscaping, as well as other landscaping and amenities within the District. As is the case with Alamo Creek Park, the District fencing needs replacement and repair, the cost of which exceeds the projected end of Fiscal Year 2020-2021 District fund balance of approximately $404,000. Staff and the City’s assessment district consultant are currently evaluating project funding options as part of the District’s annual assessment and levy report. Project funding options, including levying the maximum allowable assessment and/or phasing the fence replacement, are being developed and will be presented for City Council consideration with the Capital Improvement Program on June 1, 2021. 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 and will be built by the Boulevard Developer. The conceptual plan was approved by the City Council on January 9, 2018. The plan includes tennis courts, basketball courts, a picnic and barbeque area, a great lawn (multi-use lawn area), playgrounds, parent paddock, community garden, and other amenities. On October 2, 2018, City Council provided direction to use $600,000 of Community Benefit Funds for 587 Page 6 of 16 the inclusion of a specimen tree and upgraded playground equipment in the park design. The total project cost is $24,824,002. 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. City funding will come from Public Facilities Fee Program and the General Fund. Park construction has started and is anticipated to be completed in spring 2022. Downtown Dublin Town Square Park (PK0221): This project provides for the planning of a new Town Square, in accordance with the main principles of the Downtown Dublin Preferred Vision, which was approved by the City Council on November 5, 2019. The Town Square is a one-acre park and plaza that will serve as Downtown Dublin's gathering place, which may include a market promenade, outdoor dining, and event space, and will be located one block north of Dublin Boulevard in the Dublin Place shopping center along the proposed extension of Golden Gate Drive. The total project cost is $4,611,040 and the planning phase, which is anticipated to begin in Fiscal Year 2021-22, is funded by the General Fund. Possible funding sources for future phases of the project are the Public Facilities Fee Program, development impact fees, community facilities district financing, or other assessment district fees. Fallon Sports Park - Phase 3 (PK0119): Fallon Sports Park is a 60-acre community park bordered by Fallon 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 park development. The Phase 3 project provides for the design and construction of the remaining 14 acres of Fallon Sports Park, referred to as the Upper Terrace. On December 17, 2019, the City Council approved the concept design that includes a cricket field, sand volleyball courts, and multi-sport batting cages. The total project cost is $10,598,000 funded by the Public Facilities Fee Program. The City Council approved the construction contract on February 16, 2021, and construction is anticipated to be complete in summer 2022. Iron Horse Nature Park and Open Space (PK0001): This project provides for the planning, design, and construction of 12.13 acres of a nature park and open space adjacent to the Iron Horse Trail, from the Dublin/San Ramon city limit to the confluence of Amador and South San Ramon Creeks, that will be developed in partnership with Zone 7 Water Agency. The park size could increase to over 20 acres of usable parkland when combined with adjacent Zone 7 Water Agency property. The park will be designed in accordance with the Iron Horse Nature Park and Open Space Master Plan, which was approved by the City Council on October 1, 2013. The City has already acquired the 12.13 acres and the balance of the parkland would be accessible through an easement and operational agreement with Zone 7 Water Agency. The total project cost is $11,563,000 funded by the Public Facilities Fee Program with possible additional funding sources such as state grants. It is anticipated that planning will begin in Fiscal Year 2022-23. 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 588 Page 7 of 16 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 $1,514,000 funded by the Public Facilities Fee Program. It is anticipated that the planning will begin in Fiscal Year 2021-22. Playground Replacement (PK0003): This project provides for the planning, design, and construction of the replacement of playground equipment at various parks. Based on the results of annual inspections and regular maintenance records, all City parks will be evaluated for the need to replace play equipment at the end of their useful lives. The total project cost is $1,431,780 funded by the General Fund. The first phase, anticipated to begin in Fiscal Year 2023-24, will include Emerald Glen Park (Near Splash Pad Ages 5-12), Ted Fairfield Park (Ages 2-5 and 5-12), and Kolb Park (Ages 2-5 and 5-12). Restrooms Replacement (PK0321): This project provides for the planning, design, and construction to replace the existing restrooms at Alamo Creek Park, Mape Memorial Park, and Kolb Park. In order to bring the restrooms up to current accessibility standards and codes, the existing restroom buildings will be demolished and replaced with pre- engineered restroom buildings. The total project cost is $1,000,000 funded by the General Fund. Planning and design are anticipated to begin in Fiscal Year 2021-22. Wallis Ranch Community Park (PK 0421): The Wallis Ranch Community Park consists of three separate parcels totaling 8.85 acres in the Wallis Ranch Development. The project will provide for the design and construction of a community park with a dog park and potential amenities such as a play area, picnic facilities, turf area, natural area, restrooms, pathways, lighting, and irrigation and landscaping. The total project cost is $6,699,000 funded by the Public Facilities Fee Program. Community engagement on the preliminary design has started and will continue through spring. Concept park designs are anticipated to be presented to the City Council this summer. Streets Annual Street Resurfacing (ST0117): This project provides for the design and construction of a variety of pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction of streets and resurfacing of bridge decks. The project also includes installation of new or upgrade of existing ADA curb ramps on roads that are reconstructed or receive an asphalt concrete overlay. Streets are selected for improvements based on the City's Pavement Management System to optimize the pavement condition in relation to available budget. The City owns and maintains approximately 150 centerline miles of streets. The Metropolitan Transportation Commission groups Pavement Condition Index (PCI) ratings into the following categories: 80-100 Very Good-Excellent; 70-79 Good, 60-69 Fair, 50-59 At Risk, 25-49 Poor, and 0-24 Failed. The City is rated Very Good with a rolling three-year average PCI of 84. This program protects the substantial investment the City has in the public street system. The total project cost is $17,742,660 funded by Alameda County Transportation Commission Measure B/BB funds, Gas Tax, Local Recycling Programs, Mitigation Contributions, and the General Fund. This year’s slurry seal project is anticipated to be in construction in summer/fall 2021. 589 Page 8 of 16 Citywide Bicycle and Pedestrian Improvements (ST0517): This project includes planning, design, and construction of improvements to various pedestrian and bicycle facilities throughout the City, including pedestrian/bicycle bridges. 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. The project includes an update to the ADA Transition Plan with a review of City buildings, parks, and rights-of-way. The ADA Transition Plan update is funded by General Fund and is anticipated to be completed in 2021. An update of the Bicycle and Pedestrian Master Plan began in Fiscal Year 2019-20 and in anticipated to be completed in early 2022. The total project cost is $4,016,600 funded by Transportation Development Act, Measure B/BB Local Streets and Bike & Pedestrian Funds. Citywide Signal Communications Upgrade (ST0713): This project provides for the continued upgrades of the traffic signal communications system and includes the replacement of signal controllers, conflict monitors, and battery backup units, as well as managing ongoing signal operations of coordinated corridors; expanding the traffic communication network by connecting traffic signals on Fallon Road and Tassajara Road and replacing existing copper communication cables with fiber optic cables on Dublin Boulevard; expanding the adaptive traffic signal system along key corridors; connecting existing and new public safety infrastructure, such as situational awareness cameras and automated license plate recognition cameras to the high speed fiber optic communications system; updating the existing City of Dublin Travel Demand Forecasting Model to provide traffic flow projections on the arterial and collector roadways and analyze future land use development proposals and transportation network changes in the City. The total cost is $4,457,606 and is partially funded with General Fund Reserves designed for One Time Initiative – Capital, Gas Tax, Measure B Local Streets, Transportation for Clean Air, Vehicle Registration Fee, Road Maintenance & Rehabilitation Account, Eastern Dublin Traffic Impact Fee Program, Western Dublin Traffic Impact Fee Program, and Internal Service Fund for Equipment. Potential other funding for this project may include Federal and State grants. The fiber optic cables upgrade on Dublin Boulevard is anticipated to begin in summer 2022, and the Travel Demand Forecasting Model update is anticipated to be completed in spring 2021. Downtown Dublin Street Grid Network (ST0221): This project provides for the planning of a new Street Grid Network, in accordance with the main principles of the Downtown Dublin Preferred Vision, which was approved by the City Council on November 5, 2019. The Street Grid Network will introduce new streets that will break down the large block format into smaller, walkable-sized blocks between 350 to 450 feet per side. The proposed extension of Golden Gate Drive north from Dublin Boulevard up to Amador Valley Boulevard will become a new main street with the classic Downtown street grid network within street rights-of-way varying between 60 and 90 feet wide. Street infrastructure may include 590 Page 9 of 16 storm drainage, sewer, water, recycled water, communications, gas, and electric utilities, as well as landscaping and irrigation. Street rights-of-way are anticipated to be dedicated by developers. The total project cost is $21,431,680. The planning phase, which began in 2020 in conjunction with the update of the existing City Travel Demand Forecasting Model to provide traffic flow projections on the new roadways and analyze future land use development proposals and transportation network changes in the Downtown, is funded by the General Fund. Possible funding sources for future phases of the project are development impact fees, community facilities district financing, or other assessment district fees. Dublin Boulevard Extension – Fallon Road to North Canyons 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 bike/multi-use path, sidewalk, curb and gutter, traffic signals, street lighting, landscaped medians, bus stops, and all city street utilities. The preliminary engineering, environmental impact report, and cost allocation between the City of Dublin and City of Livermore is governed by a Memorandum of Understanding approved by the City Council on April 19, 2016. On November 1, 2016, the City Council approved a contract for Preliminary Engineering and an Environmental Impact Report. On April 27, 2017, Alameda County Transportation Commission (ACTC) approved $8.233 million of Measure BB Grant funds for the design and environmental phases of the project. The project EIR and precise roadway alignment were completed in 2020, after which ACTC took the lead in final design. The NEPA Environmental Assessment was completed in early 2021 with a Finding of No Significant Impact. The preliminary engineering level cost estimate for this project is approximately $166.1 million, which includes all project mitigation costs and indirect impacts mitigation, and is anticipated to be divided among the City of Dublin ($111.1 million) and the City of Livermore ($55 million) on the basis of street length in each jurisdiction. Unincorporated Alameda County's costs will be shared between Dublin and Livermore with the final cost allocation to each jurisdiction to be defined by a Cooperative Agreement. Funding sources are the General Fund, Measure BB, Gas Tax, and Eastern Dublin Traffic Impact Fee Program. Possible other funding sources are State and Federal grants. In spring 2021, ACTC and their consultant team started the final design process, which is anticipated to take 24 months to complete. Dublin Ranch Street Light Improvements (ST0417): This project provides for the design and repainting of decorative streetlight poles and conversion of existing streetlights into energy-efficient LED streetlights in the Dublin Ranch Street Light Assessment District (1999-1). The conversion to LED lights is expected to reduce the District’s annual energy costs. Repainting of the streetlight poles protects the integrity of the poles and also improves aesthetics in the surrounding neighborhood. The total cost is $966,565 funded by revenue collected through District assessments. Design for the LED conversion project is anticipated to commence in 2021 with construction to follow in 2022. 591 Page 10 of 16 Golden Gate Drive Intersection Improvements at Dublin Boulevard and St Patrick Way (ST0002): This project provides for the design and construction of intersection improvements at the intersections of Dublin Boulevard at Golden Gate Drive and St. Patrick Way at Golden Gate Drive. This is a Western Dublin Traffic Impact Fee Program project to relieve congestion, reduce GHG, and is an Active Transportation Solution. The project is identified in the Downtown Dublin Specific Plan and the Bicycle and Pedestrian Master Plan. The improvements may include a new traffic signal at the intersection of St. Patrick Way and Golden Gate Drive; traffic signal modifications at the intersection of Dublin Boulevard at Golden Gate Drive; conversion of copper connection to fiber optic; signing, striping and markings; necessary utility, pavement, curb, gutter, and sidewalk modifications or adjustments. The total project cost is $948,250 funded by the Western Dublin Traffic Impact Fee Program. Design is anticipated to begin in 2022. Green Stormwater Infrastructure (ST0121): This project provides for the planning, design, and construction of various citywide projects that will improve water quality and provide other environmental benefits in accordance with the Green Stormwater Infrastructure (GSI) Plan, which was approved by City Council on June 18, 2019. The GSI Plan and implementing projects are mandated by the Municipal Regional Stormwater Permit (MRP). Projects may include: stormwater trash capture; bioretention areas and rain gardens; tree well filters; Bay Friendly landscape retrofits; and/or storm drain hydrology assessments (e.g. determining inverts, pipe diameter, asset photos, etc.). The total project cost is $2,156,895 funded by the General Fund. The planning phase is anticipated to begin in Fiscal Year 2021-22. Iron Horse Trail Bridge at Dublin Boulevard (ST0118): This project provides for the planning, design, and construction of the Iron Horse Trail bridge for bicycles and pedestrians over Dublin Boulevard. The project will construct a truss arch bridge consistent with the Iron Horse Trail Feasibility Study and preliminary bridge design, approved by the City Council on November 7, 2017. The bridge will provide safer and easier trail access, including access to and from the Dublin-Pleasanton BART station. The total cost is $11,604,439 funded by Gas Tax, Measure B/BB Local Streets and Bike & Pedestrian Funds and Grants, Transportation for Clean Air, Road Maintenance & Rehabilitation Account, developer contributions from Dublin Crossing, and Measure RR Safe Routes to BART. The City Council approved the design contract on February 20, 2018 and approved a construction management contract on March 2, 2021. It is anticipated that solicitation of bids for construction will occur in mid-2021. Local Roadway Safety Plan (STNEW01): This project will provide for developing a Local Roadway Safety Plan (LRSP), which will prioritize safety for all users, provide a framework to identify, analyze, and prioritize roadway safety improvements on local roads. Aligning with federal regulations, the State’s Strategic Highway Safety Plan and the vision for California, the LRSP will guide the City to data-driven solutions for safer streets; identify the stakeholders; use safety data to identify safety issues; choose proven solutions; identify the implementation process; and support future safety investments. The LRSP along with the current update of the Bicycle and Pedestrian Master Plan will create a transportation 592 Page 11 of 16 system that promotes multi-modal transportation options and community safety with a key goal to provide safe, comfortable, and convenient travel along the City’s roadways through a comprehensive, integrated transportation network for all users. The total cost is $117,980 funded by State Transportation Improvement funding and Measure BB Local Streets Fund. The City Council approved a grant funding agreement on March 16, 2021, which provides for State funding of $72,000 for the project. St. Patrick Way Extension (ST0003): This project provides for the design and construction of the final segment of Saint Patrick Way from west of Golden Gate Drive to Regional Street. This is a Western Dublin Traffic Impact Fee Program project to relieve congestion, reduce GHG, and is an Active Transportation Solution. The project is identified in the General Plan, Downtown Dublin Specific Plan, and the Bicycle and Pedestrian Master Plan. Prior segments of Saint Patrick Way were constructed by Caltrans in 1998 and Connelly Station in 2014. The developer of the St. Patrick Way Bayview Development Group project entered into an agreement with the City on June 18, 2018, which required dedication of right-of- way and construction of improvements to complete the Saint Patrick Way Extension. The total project cost is $3,742,556 and the developer is responsible for all project costs to acquire right-of-way, design, and construction in exchange for credit toward Western Dublin Traffic Impact Fees. Construction is anticipated to begin in 2021. Tassajara Road Realignment and Widening – Fallon Road to North City Limit (ST0116): This project provides for the design and construction of a realigned Tassajara Road from Fallon Road to the northern City limit, which will be coordinated with Contra Costa County. Planning and preliminary engineering cost will be split in accordance with the Memorandum of Understanding, which was approved on September 16, 2014. Costs for the design and construction will be agreed upon and split proportionally with the work within each jurisdiction. The project will widen 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 development projects and this project will complete the street improvements and realign a portion of existing roadway to improve safety and achieve better circulation while adhering to the Complete Streets Policy. The roadway segment is a project within both the Tri-Valley Transportation Council Strategic Expenditure Plan (Project B-8) and the Eastern Dublin Traffic Impact Fee Program (Category 1). The total project cost is $12,777,416 and is funded by Gas Tax, Road Maintenance & Rehabilitation Account, Eastern Dublin Traffic Impact Fee Program, Dougherty Valley Traffic Impact Fees, and the Tri-Valley Transportation Development Fees. Contra Costa County Public Works has started the preliminary design. Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School (ST0119): This project provides for design and construction to complete the street improvements on Tassajara Road, from North Dublin Ranch Drive to Quarry Lane School and 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 593 Page 12 of 16 development projects and this project will complete the street improvements implementing the General Plan and the Complete Streets Policy. This roadway segment is a project within the Eastern Dublin Traffic Impact Fee program (Category 1). The total cost is estimated to be $9,000,000, which is a $1,500,000 increase from the current project budget of $7,500,000. The estimated cost increase is due to refined estimates from the designer, including cost increases for utility relocation, right-of-way acquisition, and permitting. Staff proposes the $1,500,000 budget increase to fund Fiscal Year 2022-23 costs and has not identified a specific funding source at this time. Current project funding is by Gas Tax, Eastern Dublin Traffic Impact Fee Program, and Tri-Valley Transportation Development Fees. Potential additional funding sources are regional and state grants. Design began in early 2020 and construction is anticipated to begin in Fiscal Year 2022-23. Traffic Signal Re-lamping (ST0001): This project provides for the replacement of the traffic signal and pedestrian signal LED lamps at approximately 78 traffic signals. The City currently has 98 traffic signals, many of which were installed in 2008, and the LED lamps are reaching the end of their useful life, which is typically eight to ten years. The City has replaced 20 traffic signal lamps through on-going maintenance efforts. New LED lamps will ensure proper visibility of vehicle and pedestrian signal heads, which is critical for maintaining a safe traffic flow. The total project cost is $598,040 funded by Gas Tax, Measure B Bike & Pedestrian Fund, and Vehicle Registration Fees. Design is anticipated to begin in Fiscal Year 2022-23. Funding Sources The funding for the 2020-2025 CIP comes from a variety of sources, summarized as follows: Category 2020-21 2021-22 2022-23 2023-24 2024-25 Total General Fund $17,815,543 $3,838,550 $2,485,780 $2,244,855 $327,715 $26,712,443 Special Rev. - Public Works $16,459,789 $3,037,439 $3,187,209 $3,187,209 $2,888,189 $28,759,835 Special Rev - Assmt. Dist.$799,595 $40,106 $41,016 $41,016 $41,016 $962,749 Public Art Fund $608,397 $544,700 $375,000 --$1,528,097 Traffic Impact Fees $18,081,642 $1,911,076 $20,630 $112,260 $815,360 $20,940,968 Public Facilities Fees $21,564,742 $11,165,701 $3,208,989 $2,502,150 $4,117,200 $42,558,782 Internal Service Funds $5,045,925 $20,000 $90,000 --$5,155,925 Dublin Crossing Fund $1,000,000 ----$1,000,000 Other $1,881,676 ----$1,881,676 Developer Built $15,691,500 $3,742,556 ---$19,434,056 Unidentified --$8,169,000 -$4,482,000 $12,651,000 Total $98,948,809 $24,300,128 $17,577,624 $8,087,490 $12,671,480 $161,585,531 594 Page 13 of 16 Approximately 39% or $63.5 million of the CIP costs are funded by Traffic Impact Fees and Public Facilities 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 source may need to be re-evaluated if there is a slowdown of projected development activities. Public Facilities Fees Projects The following are the projects and total costs funded by the Public Facilities Fee Program over the 2020-2025 CIP timeframe, excluding projects that are expected to be completed in Fiscal Year 2020-21. Project 2020-21 2021-22 2022-23 2023-24 2024-25 Total Cultural Arts Center $690,990 $4,949,904 ---$5,889,200 Don Biddle Community Park $9,490,765 ----$9,866,860 Fallon Sports Park - Phase 3 $10,207,421 ----$10,598,000 Iron Horse Nature Park & Open Space --$461,650 $2,502,150 $4,117,200 $7,081,000 Jordan Ranch Neighborhood Square*-$403,121 $1,110,879 --$1,514,000 Library Tenant Improvements*$35,305 $78,205 $1,636,460 --$1,749,970 Wallis Ranch Community Park*$964,530 $5,734,470 ---$6,699,000 Total**$21,389,011 $11,165,701 $3,208,989 $2,502,150 $4,117,200 $42,383,051 *Projects using an advance from the General Fund General Fund Projects The General Fund contributes to approximately 17% or $26.7 million of the CIP costs. The following project are funded or partially funded by the General Fund. Project 2020-21 2021-22 2022-23 2023-24 2024-25 Total Alamo Creek Park - Fence Replacement (New)-$450,000 ---$450,000 Annual Street Resurfacing $468,000 ----468,000 595 Page 14 of 16 Audio Visual System Upgrade $65,020 $44,020 ---109,040 City Entrance Monument Signs $285,000 ----285,000 Citywide Bicycle and Pedestrian Improvements $325,766 $108,000 $108,000 $108,000 $108,000 757,766 Citywide Energy Improvements $35,860 $115,780 $365,780 --517,420 Citywide Signal Communications Upgrade $1,420,148 ----1,420,148 Civic Center HVAC and Roof Replacement $2,212,634 ----2,212,634 Civic Center Rehabilitation -$1,123,050 $222,960 $690,360 $205,000 2,241,370 Cultural Arts Center $4,539,197 ----4,539,197 Don Biddle Community Park $2,100,000 ----2,100,000 Dougherty Road Improvements - Sierra Lane to North City Limit $93,483 ----93,483 Downtown Dublin Street Grid Network $140,840 $60,210 $10,210 $10,210 $10,210 231,680 Downtown Dublin Town Square Park $68,020 $29,505 $4,505 $4,505 $4,505 111,040 Dublin Boulevard Extension - Fallon Road to North Canyon Parkway $123,000 ----123,000 Dublin Heritage Park Cemetery Improvements $1,447,764 ----1,447,764 Electric Vehicle (EV) Charging Stations $142,041 ----142,041 Financial System Replacement $1,845,000 ----1,845,000 Green Stormwater Infrastructure $71,715 $310,855 $1,774,325 --2,156,895 Imagine Playground at Dublin Sports Grounds $1,502,671 ----1,502,671 596 Page 15 of 16 Maintenance Yard Facility Improvements $58,350 ----58,350 Parks Playground Replacement ---$1,431,780 -1,431,780 Public Safety Complex - Police Services Building $258,923 ----258,923 Resiliency and Disaster Preparedness Improvements $22,085 $681,010 ---703,095 Restrooms Replacement $83,880 $916,120 ---1,000,000 San Ramon Road Landscape Renovation $238,660 ----238,660 San Ramon Road Trail Lighting $99,335 ----99,335 Solar PV Canopies at The Wave $168,150 ----168,150 Total $17,815,543 $3,838,550 $2,485,780 $2,244,855 $327,715 $26,712,443 597 Page 16 of 16 Approximately 19% or $31.25 million of CIP costs are funded by Special Revenues, where the primary funding sources are State Gas Tax, Measure B/BB Sales Tax, and the Public Art Fund. The Other Funding Sources category includes improvements to be constructed by other agencies and developers, and accounts for 13% or $21.3 million in CIP costs. There is approximately 8% or $12.65 million in project costs 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 following are the projects with future funding needs beyond the CIP timeframe: City Entrance Signs - $180,000 Eastern Dublin Traffic Impact Fee Projects - $57,000,000 Western Dublin Traffic Impact Fee Projects - $8,500,000 Village Parkway Pavement Reconstruction - $10,000,000 Dublin Sports Grounds – Phase 5 Renovation - $2,180,000 Croak Neighborhood Park West - $3,785,000 Croak Neighborhood Park East - $4,163,000 Emerald Glen Recreation and Aquatic Complex – Phase 2 - $16,120,000 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) CIP Update Summary 598 Attachment 1 2020-2025 Capital Improvement Program – General Improvements PROJECT 2020-21 2021-22 2022-23 2023-24 2024-25 Five-Year Audio Visual System Upgrade $65,020 $44,020 $109,040 Citywide Energy Improvements $35,860 $115,780 $365,780 $517,420 Civic Center HVAC and Roof Replacement $4,895,155 $4,895,155 Civic Center Rehabilitation $1,123,050 $222,960 $690,360 $205,000 $2,241,370 Cultural Arts Center $6,773,825 $4,949,904 $11,723,729 Electric Vehicle (EV) Charging Stations $142,041 $142,041 Library Tenant Improvements $35,305 $78,205 $1,726,460 $1,839,970 Resiliency and Disaster Preparedness Imp.$22,085 $681,010 $703,095 Solar PV Canopies at The Wave $168,150 $168,150 TOTAL $12,137,441 $6,991,969 $2,315,200 $690,360 $205,000 $22,339,970 599 2020-2025 Capital Improvement Program – Public Art CATEGORY 2020-21 2021-22 2022-23 2023-24 2024-25 Five-Year Camp Parks Sign $100,450 $400,000 $500,450 Heritage Park $144,700 $375,000 $519,700 TOTAL $100,450 $544,700 $375,000 $0 $0 $1,020,150 600 2020-2025 Capital Improvement Program – Parks CATEGORY 2020-21 2021-22 2022-23 2023-24 2024-25 Five-Year Alamo Creek Park - Fence Replacement $450,000 $450,000 Don Biddle Community Park $24,447,907 $24,447,907 Downtown Dublin Town Square Park $68,020 $29,505 $4,505 $4,505 $4,505 $111,040 Fallon Sports Park - Phase 3 $10,207,421 $10,207,421 Iron Horse Nature Park and Open Space $461,650 $2,502,150 $8,599,200 $11,563,000 Jordan Ranch Neighborhood Square $403,121 $1,110,879 $1,514,000 Parks Playground Replacement $1,431,780 $1,431,780 Restrooms Replacement $83,880 $916,120 $1,000,000 Wallis Ranch Community Park $964,530 $5,734,470 $6,699,000 TOTAL $35,771,758 $7,533,216 $1,577,034 $3,938,435 $8,603,705 $57,424,148 601 2020-2025 Capital Improvement Program – Streets CATEGORY 2020-21 2021-22 2022-23 2023-24 2024-25 Five-Year Annual Street Resurfacing $2,407,543 $2,303,961 $2,303,961 $2,303,961 $2,303,961 $11,623,387 Citywide Bicycle and Pedestrian Imp.$872,698 $389,158 $456,228 $456,228 $456,228 $2,630,540 Citywide Signal Communications Upgrade $2,307,841 $400,320 $236,000 $236,000 $236,000 $3,416,161 Downtown Dublin Street Grid Network $140,840 $60,210 $10,210 $10,210 $10,210 $231,680 Dublin Boulevard Extension - Fallon Road to North Canyon Parkway $1,254,386 $6,669,000 $7,923,386 Dublin Ranch Street Light Improvements $799,595 $40,106 $41,016 $41,016 $41,016 $962,749 Golden Gate Drive Intersection Imp. at Dublin Boulevard and St. Patrick Way $20,630 $112,260 $815,360 $948,250 Green Stormwater Infrastructure $71,715 $310,855 $1,774,325 $2,156,895 Iron Horse Trail Bridge at Dublin Boulevard $10,768,311 $10,768,311 Local Road Safety Plan $117,980 $117,980 St. Patrick Way Extension $3,742,556 $3,742,556 Tassajara Road Realignment and Widening - Fallon Road to North City Limit $10,658,132 $1,865,096 $12,523,228 Tassajara Road Improvements - N Dublin Ranch to Quarry Lane School $7,457,721 $1,500,000 $8,957,721 Traffic Signal Re-Lamping $299,020 $299,020 $598,040 TOTAL $36,738,782 $9,230,242 $13,310,390 $3,458,695 $3,862,775 $66,600,884 602 2020-2025 Capital Improvement Program – Funding Sources Category 2020-21 2021-22 2022-23 2023-24 2024-25 Total General Fund $ 17,815,543 $ 3,838,550 $ 2,485,780 $ 2,244,855 $ 327,715 $ 26,712,443 Special Rev. - Public Works $ 16,459,789 $ 3,037,439 $ 3,187,209 $ 3,187,209 $ 2,888,189 $ 28,759,835 Special Rev - Assmt. Dist.$ 799,595 $ 40,106 $ 41,016 $ 41,016 $ 41,016 $ 962,749 Public Art Fund $ 608,397 $ 544,700 $ 375,000 $ - $ - $ 1,528,097 Traffic Impact Fees $ 18,081,642 $ 1,911,076 $ 20,630 $ 112,260 $ 815,360 $ 20,940,968 Public Facilities Fees $ 21,564,742 $ 11,165,701 $ 3,208,989 $ 2,502,150 $ 4,117,200 $ 42,558,782 Internal Service Funds $ 5,045,925 $ 20,000 $ 90,000 $ 5,155,925 Dublin Crossing Fund $ 1,000,000 $ - $ 1,000,000 Other $ 1,881,676 $ - $ 1,881,676 Developer Built $ 15,691,500 $ 3,742,556 $ 19,434,056 Unidentified $ 8,169,000 $ 4,482,000 $ 12,651,000 Total $98,948,809 $24,300,128 $17,577,624 $8,087,490 $12,671,480 $161,585,531 603 Item 8.2 2020-2025 Five-Year CIP Update City Council April 20, 2021 604 Capital Improvement Program (CIP) •A CIP is a five-year planning document used by the City to identify and establish budgets for capital improvement projects •Adopted every 2 years.This year is the update. •CIP project budgets are funded from various funding sources, including General Fund, Impact Fees, Assessment Districts, and Grants •CIP funding is annually appropriated, coinciding with the City Budget process 605 2020-2025 CIP Project Costs CATEGORY 2020-21 2021-22 2022-23 2023-24 2024-25 Five-Year General Improvements $14,981,037 $6,991,969 $2,315,200 $690,360 $205,000 $25,183,566 Public Art $608,397 $544,700 $375,000 $0 $0 $1,528,097 Parks $41,997,952 $7,533,216 $1,577,034 $3,938,435 $8,603,705 $63,650,342 Streets $41,361,423 $9,230,242 $13,310,390 $3,458,695 $3,862,775 $71,223,525 TOTAL $98,948,809 $24,300,127 $17,577,624 $8,087,490 $12,671,480 $161,585,530 606 2020-2025 CIP General Improvements PROJECT 2020-21 2021-22 2022-23 2023-24 2024-25 Five-Year Audio Visual System Upgrade $65,020 $44,020 $109,040 Citywide Energy Improvements $35,860 $115,780 $365,780 $517,420 Civic Center HVAC and Roof Replacement $4,895,155 $4,895,155 Civic Center Rehabilitation $1,123,050 $222,960 $690,360 $205,000 $2,241,370 Cultural Arts Center $6,773,825 $4,949,904 $11,723,729 Electric Vehicle (EV) Charging Stations $142,041 $142,041 Library Tenant Improvements $35,305 $78,205 $1,726,460 $1,839,970 Resiliency and Disaster Preparedness Imp.$22,085 $681,010 $703,095 Solar PV Canopies at The Wave $168,150 $168,150 607 2020-2025 CIP Public Art *New Project * CATEGORY 2020-21 2021-22 2022-23 2023-24 2024-25 Five-Year Camp Parks Sign $100,450 $400,000 $500,450 Heritage Park $144,700 $375,000 $519,700 608 2020-2025 CIP Parks *New Projects * CATEGORY 2020-21 2021-22 2022-23 2023-24 2024-25 Five-Year Alamo Creek Park - Fence Replacement $450,000 $450,000 Don Biddle Community Park $24,447,907 $24,447,907 Downtown Dublin Town Square Park $68,020 $29,505 $4,505 $4,505 $4,505 $111,040 Fallon Sports Park - Phase 3 $10,207,421 $10,207,421 Iron Horse Nature Park and Open Space $461,650 $2,502,150 $8,599,200 $11,563,000 Jordan Ranch Neighborhood Square $403,121 $1,110,879 $1,514,000 Parks Playground Replacement $1,431,780 $1,431,780 Restrooms Replacement $83,880 $916,120 $1,000,000 Wallis Ranch Community Park $964,530 $5,734,470 $6,699,000 609 2020-2025 CIP Streets *New Projects * CATEGORY 2020-21 2021-22 2022-23 2023-24 2024-25 Five-Year Annual Street Resurfacing $2,407,543 $2,303,961 $2,303,961 $2,303,961 $2,303,961 $11,623,387 Citywide Bicycle and Pedestrian Imp.$872,698 $389,158 $456,228 $456,228 $456,228 $2,630,540 Citywide Signal Communications Upgrade $2,307,841 $400,320 $236,000 $236,000 $236,000 $3,416,161 Downtown Dublin Street Grid Network $140,840 $60,210 $10,210 $10,210 $10,210 $231,680 Dublin Boulevard Extension - Fallon Road to North Canyon Parkway $1,254,386 $6,669,000 $7,923,386 Dublin Ranch Street Light Improvements $799,595 $40,106 $41,016 $41,016 $41,016 $962,749 Golden Gate Drive Intersection Imp. at Dublin Boulevard and St. Patrick Way $20,630 $112,260 $815,360 $948,250 Green Stormwater Infrastructure $71,715 $310,855 $1,774,325 $2,156,895 Iron Horse Trail Bridge at Dublin Boulevard $10,768,311 $10,768,311 Local Road Safety Plan $117,980 $117,980 St. Patrick Way Extension $3,742,556 $3,742,556 610 2020-2025 CIP Streets (cont.) CATEGORY 2020-21 2021-22 2022-23 2023-24 2024-25 Five-Year Tassajara Road Realignment and Widening -Fallon Road to North City Limit $10,658,132 $1,865,096 $12,523,228 Tassajara Road Improvements - N Dublin Ranch to Quarry Lane School $7,457,721 $1,500,000 $8,957,721 Traffic Signal Re-Lamping $299,020 $299,020 $598,040 611 2020-2025 CIP Funding Sources 612 Future Projects & Costs Beyond 5-Year CIP Projects & Costs beyond the CIP timeframe ($306.4M) •Electric Vehicle (EV) Charging Stations (Future Phase) •Croak Neighborhood Park East & West* •Downtown Dublin Town Square Park •Dublin Sports Grounds –Phase 5 Renovation* •Emerald Glen Rec & Aquatic Complex -Phase 2* •City Entrance Signs* •Downtown Dublin Street Grid Network •Dublin Boulevard Extension (Future phases) •Eastern Dublin Traffic Impact Fee Projects* •Village Pkwy Pavement Reconstruction* •Western Dublin Traffic Impact Fee Projects* *Future Projects beyond 5-year timeframe. 613 Staff Recommendation •Receive the Report •Provide Direction to Staff on the Update to the Five-Year Capital Improvement Program 2020-2025 614 Thank You 615 STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 8.3 DATE:April 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Preliminary Fiscal Year 2021-22 General Fund Budget Prepared by: Lisa Hisatomi, Director of Administrative Services EXECUTIVE SUMMARY: The City Council will review the Preliminary Fiscal Year 2021-22 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 June 2020. 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 June 1, 2021. FINANCIAL IMPACT: The Preliminary Budget results in an increase to revenues of $5,225,044 and a decrease to operating expenditures of $31,527 in the General Fund from the Amended Fiscal Year 2020-21 Budget. After transfers out, total General Fund reserves are projected at $188,198,826, an increase of $9,391,585 over Fiscal Year 2020-21. 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 major budgetary changes in other funds. This report discusses updates to the City's major revenue categories and refines expenditure projections, reflecting the most recent information. The analysis compares the Preliminary Fiscal Year 2021-22 Budget to the Amended Fiscal Year 2020-21 Budget. 616 Page 2 of 5 Summary The Preliminary Budget (Table 1 and included as Attachments 1 – 2) projects an operating surplus in the General Fund (ongoing revenues less ongoing expenditures) of $15,173,535 which is $3,121,424 higher the Fiscal Year 2020-21 Amended Budget before carryovers from the prior year and transfers out. After adjustments and transfers, total reserves are projected at $188,198,826, an increase of $9,391,585 (5.3%) over the prior year. Revenues in Fiscal Year 2021-22 are increasing a net $5,225,044 (5.6%) over the prior year, due primarily to higher property tax and sales tax revenue. Expenditures are increasing $2,103,620 over the prior year. Changes by categories are explained in the section below. Table 1: Operating Budget Impact & Reserve FY 2020-21 Amended FY 2021-22 Update $ Change % Change Revenues $93,753,539 $98,978,583 $5,225,044 5.6% Expenditures 81,701,428 83,805,048 2,103,620 2.6% Ongoing Operating Budget Impact $12,052,111 $15,173,535 $3,121,424 25.9% Carryovers from Prior Year 2,135,147 Contribution to OPEB/PERS 4,000,000 2,000,000 Net Transfers In/Out 17,758,948 3,781,950 Total Reserves, End of Year $178,807,241 $188,198,826 $9,391,585 5.3% The following is a summary of the net changes reflected in the Preliminary Budget as compared to the Fiscal Year Amended Budget (+/-$250,000): Revenue Changes Property Tax Revenue – increase of $2,367,000 (+4.7%) In recent years, Dublin’s Property Tax revenue has generally increased an average of $3.5 million per year on secured and unsecured values. The preliminary estimate for Fiscal Year 2021-22 reflects an increase of approximately $2.4 million, which is $1,100,000 lower than the recent annual growth. This is attributable to the net impact of the following factors: CPI adjustment of 1.036%, out of a maximum of 2.0% allowable by Prop 13. This is the 10th time in 46 years (since 1976-77) that CPI was less than 2% and it is reflective of the impacts of the pandemic on the economy. A slight rebound in the number of home sales and sale prices in the second half of 2020. Lower growth in assessed values (AV) for new construction, due to the slowdown of development activities prior to the outbreak of COVID-19 and the impact of lockdowns. Continued restoration of AV previously reduced via Prop 8. Sales Tax Revenue – increase of $1,542,950 (+7.1%) The Preliminary Budget projects slight growth in auto sales, building upon the trend seen in the 617 Page 3 of 5 current year with the ongoing shift in buyer preference toward larger, pricier vehicles. The City will continue to experience steady growth in consumer goods and business categories during Fiscal Year 2021-22. With the planned elimination of the Blueprint for a Safer Economy, along with widespread distribution of vaccines, it is anticipated that the City will see a stronger recovery of sales tax revenues generated by the Restaurants, Fuel, and General Consumer Goods categories. However, it should be noted that the City is not expected to return to pre-pandemic Sales Tax revenue levels until Fiscal Year 2022-23. Development Revenue – increase of $926,251 (+13.7%) Development revenue projections are based on the timing of development projects. Entitlement work, plan checking, permitting, and construction activities for significant development projects slowed over the past year during the pandemic. The preliminary budget assumes a resumption of delayed development projects in Fiscal Year 2021-22. Charges for Services – net increase of $852,548 (+19.4%) Parks and recreation programs, including facility and field rentals, have been significantly impacted by the pandemic and Stay-at-Home Order, forcing the City to extend closures and cancellations and to make other unanticipated modifications to program offerings. It should be noted that the City developed this Preliminary Budget update without the benefit of the Governor Newsom announcement that the Blueprint for a Safer Economy will likely be rescinded on June 15, 2021. Depending on the outcome of that future decision, this category may be modified at the mid- year to reflect an increase in charges for services. At this time, the Fiscal Year 2021-22 Budget assumes the resumption of all programs in the fall of 2021 with modifications in place according to guidelines set forth by State of California related to reduced class and group sizes. The Fiscal Year 2021-22 budget reflects the opening of The Wave waterpark for the 2021 summer season with reduced capacity. Despite the limited reopening of facilities, events, and programs, the Preliminary Budget reflects 56% of recreation program revenues prior to the pandemic. Interest – decrease of $400,000 (-25.0%) Federal monetary policy has led to a low interest rate environment and thus, lowered interest income on the City’s pooled funds. Expenditure Changes Personnel Costs – increase of $1,467,460 (+13.1%) The increase in the Preliminary Budget is mainly attributed to: Increase in temporary salaries for parks and recreation programs. These positions were significantly reduced in the Fiscal Year 2020-21 Budget due to the cancellation of programs and are being restored in conjunction with the resumption of program offerings. COLA adjustment of 1.8%. Position Changes. The Position Allocation Plan includes the new position of Senior Office Assistant in the City Manager’s Office; and inclusion of full-year salaries for positions new in the current year (Chief Information Security Officer and Communications Analyst). 618 Page 4 of 5 Benefits – increase of $361,315 (7.2%) The increase in benefit costs is due to an increase in retirement costs and health insurance premiums. Contract Services Expenditures – increase of $577,021 net of budget carryover (+1.1%) The Fiscal Year 2021-21 Amended Budget includes a contract services budget carryover of $1,709,768 from Fiscal Year 2019-20. Excluding the carryover, the Preliminary Budget projects a net increase of $577,021, as illustrated in Table 2: Table 2: Contract Services Changes Contracted Services FY 20-21 Amended Carryover 2020-21 FY 21-22 Update $ Change % Changefrom 2019-20 Net of Carryover Police Services $21,443,621 $145,231 $21,298,390 $22,294,777 $996,387 4.7% Fire Services 14,178,578 14,178,578 14,609,570 430,992 3.0% Maintenance Services 5,736,382 5,736,382 5,923,836 187,454 3.3% Development 4,878,821 4,878,821 4,057,935 -820,886 -16.8% Other Contracted Services 9,281,633 1,564,537 7,717,096 7,500,170 -216,926 -2.8% Total $55,519,035 $1,709,768 $53,809,267 $54,386,288 $577,021 1.1% Police and Fire Services budget increases are due primarily to annual COLA and benefit cost increases. The Police Services budget includes one additional School Resource Officer, funded by the California Department of Justice Tobacco Grant (not in the General Fund), beginning in Fiscal Year 2021-22 for three years. Development-related and other general City contract costs are budgeted according to anticipated service levels for specific projects. Transfers Out The Preliminary Budget includes transfers out of $1,000,000 to the Internal Services Fund – Facilities for preventive maintenance, and $3,838,550 to capital improvement projects, of which $1,433,905 comes from Committed/Assigned reserves. CIP projects funded by the General Fund are shown in Table 3 below. 619 Page 5 of 5 Table 3: Transfers Out to the Capital Improvement Program Reserves / Projects Amount Committed/Assigned $1,433,905 Civic Center Rehabilitation 1,123,050 Green Stormwater Infrastructure 310,855 Undesignated $2,404,645 Alamo Creek Park - Fence Replacement 450,000 Audio Visual System Upgrade 44,020 Citywide Bicycle and Pedestrian Improvements 108,000 Citywide Energy Improvements 115,780 Downtown Dublin Street Grid Network 60,210 Downtown Dublin Town Square Park 29,505 Resiliency & Disaster Preparedness Improvements 681,010 Restrooms Replacement 916,120 Total $3,838,550 10-Year Forecast and Next Steps Staff will provide an update to the 10-Year General Fund Forecast along with a discussion of the assumptions used in the Forecast with the final budget proposal scheduled for June 1, 2021. Staff is seeking direction from the City Council on other items it wishes to include in the Fiscal Year 2021-22 Budget. STRATEGIC PLAN INITIATIVE: Strategy 2: Explore New City Revenue Streams for Long Term Financial Stability Objective D: Continue to maintain strong fiscal policies. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Preliminary Fiscal Year 2021-22 General Fund Summary 2) Preliminary Fiscal Year 2021-22 General Fund Reserves 620 Attachment 1PRELIMINARY GENERAL FUND SUMMARY Actual 2019-20 Adopted 2020-21 Amended 2020-21 (2) FY 2021-22 Update Revenues Property Tax $49,086,335 $48,896,000 $50,396,000 $52,763,000 $2,367,000 4.7% Sales Tax 21,439,886 19,595,050 21,595,050 23,138,000 1,542,950 7.1% Sales Tax Reimbursements (407,431)(610,000)(610,000)(610,000) Development Revenue 6,412,012 6,951,077 6,780,667 7,706,918 926,251 13.7% Transient Occupancy Tax 1,567,987 1,000,000 650,000 750,000 100,000 15.4% Other Taxes 5,712,336 5,676,387 5,676,387 5,732,706 56,319 1.0% Licenses & Permits 236,972 238,506 340,506 313,434 (27,072)-8.0% Fines & Penalties 85,128 107,432 62,432 107,432 45,000 72.1% Interest Earnings 3,652,445 1,600,000 1,600,000 1,200,000 (400,000)-25.0% Rentals and Leases 974,392 1,329,966 806,887 1,020,768 213,881 26.5% Intergovernmental 306,425 250,000 250,000 285,000 35,000 14.0% Charges for Services 5,948,509 6,222,359 4,401,546 5,254,094 852,548 19.4% Other Revenue 1,374,395 1,077,242 1,363,064 1,317,231 (45,833)-3.4% Subtotal Revenues - Operating $96,389,392 $92,334,019 $93,753,539 $98,978,583 $5,225,044 5.6% Transfers In $87,098 $56,600 56,600 56,600 - Unrealized Gains/Losses 6,433,261 - - Total Revenues $102,909,751 $92,390,619 $93,810,139 $99,035,183 $5,225,044 5.6% Expenditures Salaries & Wages $10,978,176 $11,886,262 $11,229,600 $12,697,060 $1,467,460 13.1% Benefits 4,890,980 5,016,611 5,008,869 5,370,184 361,315 7.2% Services & Supplies 2,928,191 3,892,942 3,929,767 4,083,011 153,244 3.9% Internal Service Fund Charges 2,977,333 3,685,246 3,685,246 3,907,322 222,076 6.0% Utilities 2,427,310 2,925,055 2,909,151 3,019,522 110,371 3.8% Contracted Services 46,071,154 53,053,169 55,519,035 54,386,288 (1,132,747)-2.0% Capital Outlay 3,959,753 397,883 1,228,302 118,677 (1,109,625)-90.3% Contingency & Miscellaneous 18,987 222,605 326,605 222,985 (103,620)-31.7% Subtotal Expenditures - Operating $74,251,883 $81,079,773 $83,836,575 $83,805,048 ($31,527)0.0% Operating Impact (REV-EXP)$22,137,509 $11,254,246 $9,916,964 $15,173,535 $5,256,571 53.0% Transfer Outs & Contributions to Other Funds Transfers Out (CIPs) - Undesignated $336,428 $1,159,855 $1,159,855 $2,404,645 $1,244,790 107% Transfers Out (CIPs) - Carryover from Prior Yr 3,502,246 (3,502,246)-100% Transfers Out (CIPs) - Com./Assig. Reser 7,668,923 71,715 13,153,447 1,433,905 (11,719,542)-89% Contribution to OPEB/PERS 1,000,000 3,000,000 1,000,000 (2,000,000)-67% Contribution to ISF 1,229,066 1,000,000 1,000,000 1,000,000 Total Expenditures $83,486,300 $84,311,343 $105,652,123 $89,643,598 ($16,008,525)-16.3% Impact on Total Reserves $19,423,451 $8,079,276 ($11,841,983)$9,391,585 TOTAL GENERAL FUND BALANCE $190,649,224 $198,728,500 $178,807,241 $188,198,826 $9,391,585 5.3% Contracted Services Actual 2019-20 Adopted 2020-21 Amended 2020-21 (2) FY 2021-22 Update Police Services (1)$19,619,858 $21,298,390 $21,443,621 $22,294,777 $851,156 4.0% Fire Services (1)13,325,437 14,178,578 14,178,578 14,609,570 430,992 3.0% Maintenance Services (MCE)4,860,718 5,736,382 5,736,382 5,923,836 187,454 3.3% Development (CDD and PW)3,142,265 4,616,073 4,878,821 4,057,935 (820,886)-16.8% Other Contracted Services 5,122,876 7,223,746 9,281,633 7,500,170 (1,781,463)-19.2% Total Contracted Services (2)$46,071,154 $53,053,169 $55,519,035 $54,386,288 ($1,132,747)-1.9% (1) Police and Fire liability insurance amounts are not included above, they are included in Services & Supplies. Change (Update vs Amended) Change (Update vs Amended) (2) Amended FY 20-21 Budget incudes $2,135,147 budget carryovers from FY 19-20, of that amount, $1,709,768 is for Contracted Services. 621 Attachment 2GENERAL FUND RESERVES RESERVE DESCRIPTION Actual 2019-20 Net Change Projected 2020-21 Net Change Projected 2021-22 Non-Spendable $13,061 $13,061 $13,061 Prepaid Expenses 13,061 13,061 13,061 Restricted $1,938,000 $441,000 $2,379,000 $441,000 $2,820,000 Cemetery Endowment 60,000 60,000 60,000 Developer Contr - Downtown 1,049,000 441,000 1,490,000 441,000 1,931,000 Developer Contr - Heritage Pk 19,000 19,000 19,000 Developer Contr - Nature Pk 60,000 60,000 60,000 Heritage Park Maintenance 750,000 750,000 750,000 Committed $57,828,474 ($11,890,387)$45,938,087 ($6,215,796)$39,722,291 Advance to Public Facility Fee 7,500,000 (999,835)6,500,165 (6,215,796)284,369 Downtown Public Impr 8,454,625 8,454,625 8,454,625 Economic Development 126,359 (126,359)0 0 Economic Stability 8,000,000 8,000,000 8,000,000 Emergency Communications 532,113 (1,736)530,377 530,377 Fire Svcs Pension/OPEB 5,324,225 5,324,225 5,324,225 Innovations & New Opport 1,065,471 (170,973)894,498 894,498 One-Time Initiative - Capital 4,993,150 (1,543,503)3,449,647 3,449,647 One-Time Initiative - Operating 503,860 503,860 503,860 Public Safety Reserve 2,000,000 2,000,000 2,000,000 Specific Committed Reserves Cemetery Expansion (CIP)1,447,764 (1,447,764) Contribution to Public Facility Fee 6,000,000 6,000,000 6,000,000 Cultural Arts Center 4,539,197 (4,539,197) Don Biddle Park (CIP)1,500,000 (1,500,000) Dublin Sports Ground (CIP)1,502,671 (1,502,671) Fallon Sports Park III Contingency 3,110,500 3,110,500 3,110,500 Maintenance Facility (CIP)58,350 (58,350)(0)(0) Utility Undergrounding (CIP)1,170,190 1,170,190 1,170,190 Assigned $64,390,838 ($4,674,038)$59,716,800 ($1,123,050)$58,593,750 Accrued Leave 1,044,730 1,044,730 1,044,730 Catastrophic Loss 17,702,316 17,702,316 17,702,316 CIP Carryovers 3,502,246 3,502,246 3,502,246 Fiscally Responsible Adj 325,000 325,000 325,000 Municipal Regional Permit 2,282,905 (177,522)2,105,383 2,105,383 Non-Streets CIP Commitments 2,462,100 2,462,100 2,462,100 Operating Carryovers 2,110,190 2,110,190 2,110,190 Parks and Streets Contingency 226,227 (24,957)201,270 201,270 Pension & OPEB 15,000,000 15,000,000 15,000,000 Pension Rate Stabilization Plan 2,000,000 (2,000,000) Relocate Parks Dept 250,000 250,000 250,000 Service Continuity 3,150,000 3,150,000 3,150,000 Specific Assigned Reserves Climate Action Plan 3,000,000 3,000,000 3,000,000 Contribution to ISF 1,500,000 1,500,000 1,500,000 Façade Improvement Grants 374,157 374,157 374,157 HVAC Replacement & Civic Ctr Improv. (C 4,202,041 (2,212,634)1,989,407 (1,123,050)866,357 Public Safety Complex (CIP)258,925 (258,925) Village Pkwy Pavemt Recon 5,000,000 5,000,000 5,000,000 Unassigned $66,478,851 $4,281,442 $70,760,293 $16,289,431 $87,049,724 Unassigned-Unrealized Gains 8,453,240 8,453,240 8,453,240 Unassigned (Available)58,025,611 62,307,053 78,596,484 TOTAL RESERVES $190,649,224 ($11,841,983)$178,807,241 $9,391,585 $188,198,826 622 Preliminary General Fund FY 2021-22 Budget April 20, 2021 ITEM 8.3 623 Background •Biennial budget process •FY 21-22 is an Update Year o Comparison to FY 20-21 Amended Budget •Focus on General Fund operating budget •No major operating changes in other funds 624 GF Revenues Revenues -Net Increase $5,225,044 •Property Tax +$2,367,000 o CPI adjustment o Slight rebound # of home sales & price o Lower growth in new construction o Restoration of Prop. 8 •Sales Tax +$1,542,950 o Slight growth in Auto o Steady growth in Consumer Goods & Business o Stronger recovery in Restaurants & Fuel 625 GF Revenues •Development Revenue: +$926,251 •Charges for Services +$852,548 o Parks & Recreation programs o Resumption of all programs with modifications o 56% of program revenues prior to the pandemic o Revenue may need modification –outcome of the Governor’s plan to fully reopen the economy •Interest -$400,000 626 GF Expenditures Expenditures -Net Increase $2,103,620 •Personnel Costs +$1,467,460 o Increase in temporary salaries o COLA adjustment o Position changes •Benefits +$361,315 •Contract Services +$577,021 o Increase in Police & Fire services o Decrease in Development-related and other general City contract costs 627 Transfers Out Transfers Out to CIP = $3,838,550 •Committed/Assigned = $1,433,905 o Civic Center Rehabilitation o Green Stormwater Infrastructure •Undesignated = $2,404,645 o Alamo Creek Park -Fence Replacement o Audio Visual System Upgrade o Citywide Bicycle & Pedestrian Improvements o Citywide Energy Improvements o Downtown Dublin Street Grid Network & Town Square Park o Resiliency & Disaster Preparedness Improvements o Restrooms Replacement 628 GF Reserves FY 2020-21 Amended FY 2021-22 Update $ Change % Change Revenues $93,753,539 $98,978,583 $5,225,044 5.6% Expenditures 81,701,428 83,805,048 2,103,620 2.6% Ongoing Operating Budget Impact $12,052,111 $15,173,535 $3,121,424 25.9% Carryovers from Prior Year $2,135,147 Contribution to OPEB/PERS/ISF 4,000,000 2,000,000 Net Transfers In/Out 17,758,948 3,781,950 Total Reserves, End of Year $178,807,241 $188,198,826 $9,391,585 5.3% Operating Surplus $15,173,535 Increase in GF Reserve $9,391,585 629 Next Steps Budget Adoption June 1, 2021 Other items or additional information to include in the FY 21-22 Budget? 630 Questions? 631