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*January 14, 2020 Regular City Council Meeting Packet
January 14, 2020 Dublin City Council Agenda Page 1 of 4 REGULAR MEETING Tuesday, January 14, 2020 Council Chamber, 100 Civic Plaza DUBLIN CITY COUNCIL A G E N D A • Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov) • Agendas may be picked up at the City Clerk’s Office for no charge, or to request information on being placed on the annual subscription list, please call 8 33-6650. • A complete packet of information containing Staff Reports and exhibits relate to each item is available of public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk’s Office and also at the Dublin Library. CLOSED SESSION 6:30 P.M. I. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Asif v. City of Dublin, Alameda County Superior Court Case No. HG19038601 II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Alameda County Assessor’s Parcel No. 941-1500-25 (6541 and 6543 Regional Street) Agency negotiator: Linda Smith, City Manager Negotiating parties: Crystal Bay Development LLC Under negotiation: Price and terms of payment III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Portion of Alameda County Assessor’s Parcel No 986-34-13-1 (eastern half of the property bounded by Iron Horse Parkway, Martinelli Way, Campus Drive, and BART garage) Agency negotiator: Linda Smith, City Manager Negotiating parties: Surplus Property Authority of Alameda County Under negotiation: Price and terms of payment REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. 2019 Sponsor Recognition The City Council will recognize sponsors who contributed to City events, programs, and facilities in 2019. STAFF RECOMMENDATION: Recognize the 2019 sponsors. 3.2. Recognition of the 2019 Winners of the Decorate Dublin Decorating Contest for Businesses The City Council will receive a report and recognize the four Dublin businesses that won the 2019 Decorate Dublin holiday contest. January 14, 2020 Dublin City Council Agenda Page 2 of 4 STAFF RECOMMENDATION: Recognize the Decorate Dublin winners. 3.3. Recognition of 2019 Deck the Homes Holiday Decorating Contest The City Council will receive a report and recognize six award winners in the 2019 Deck the Homes Holiday Decorating Contest. STAFF RECOMMENDATION: Recognize and present certificates to the 2019 Deck the Homes Holiday Decorating Contest award winners. 3.4. Presentation on One City, One Book Initiative The City Council will receive a presentation from Catherine Brown, a teacher at Frederiksen Elementary regarding the One City, One Book Initiative. STAFF RECOMMENDATION: Receive the presentation. 3.5. Employee Introductions New members of City Staff will be introduced: Sandra Caires, Office Assistant II, City Manager's Office, Teralyn Torres, Aquatics Coordinator, and reintroduction of Katie Wolfenberger, Permit Technician, Community Development Department. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff members. 3.6. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1. Approval of the December 17, 2019 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the December 17, 2019 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the December 17, 2019 Regular City Council meeting. 4.2. Amendment to Office Facility Use Agreement with Alameda County Fire Department The City Council will consider approving an Amended and Restated Office Facility Use Agreement with the Alameda County Fire Department for the new Public Safety Complex. STAFF RECOMMENDATION: Adopt the Resolution Approving the Amended and Restated Office Facility Use Agreement with the Alameda County Fire Department for the New Public Safety Complex. 4.3. Amendment to the Agreement with Kittelson & Associates The City Council will consider amending the Kittelson & Associates agreement for on-call engineering services to increase the not-to-exceed compensation amount. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Agreement with Kittelson & Associates. January 14, 2020 Dublin City Council Agenda Page 3 of 4 4.4. Amendment to the Agreements with Tri-Valley Janitorial Service and Supply Inc. and Advanced Integrated Pest Management The City Council will consider amending the agreements with Tri-Valley Janitorial Service and Supply Inc. and Advanced Integrated Pest Management to increase the areas of service to include Parks Reserve Forces Training Area (Camp Parks) facilities. These amendments are implementation measures of the Intergovernmental Support Agreement for Municipal Services. STAFF RECOMMENDATION: Adopt the Resolution Approving Amendments to the Contract Services Agreements with Tri-Valley Janitorial Services and Supply Inc. and Advanced Integrated Pest Management, and approve the budget change. 5. WRITTEN COMMUNICATION – NONE. 6. PUBLIC HEARING 6.1. Grafton Plaza Daycare and Retail Project (PLPA-2018-00010) The Applicant, Eddie Li, is requesting approval to construct three commercial buildings with a total of 31,860 square feet (sf), including two retail buildings (16,038 sf and 6,055 sf) and one daycare building (9,767 sf) on a 3.68-acre site within the Grafton Plaza project located at the southeast corner of Dublin Boulevard and Grafton Street. This project builds out the final phase of the Grafton Plaza master plan. The application includes amendments to the existing Planned Development Zoning Stage 1 and Stage 2 Development Plans, a Site Development Review Permit for the proposed improvements, and a Minor Use Permit for a parking reduction for shared parking. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and take the following actions: a) Waive the reading and INTRODUCE an Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with Amended Stage 1 and Stage 2 Development Plans for the Grafton Plaza Daycare and Retail Project; and b) adopt the Resolution Approving a Site Development Review Permit for Construction of Three Commercial Buildings With a Total of 31,860 Square Feet on 3.68 Acres and a Minor Use Permit to Allow a Parking Reduction for Shared Parking for the Grafton Plaza Daycare and Retail Project. 7. UNFINISHED BUSINESS 7.1. Introduction of an Ordinance Banning the Sale of Flavored Tobacco and Electronic Smoking Devices, and Report on Additional Policies Deterring the Use of Tobacco Products The City Council will consider adopting an Ordinance Banning the Sale of Flavored Tobacco and Electronic Smoking Devices and will receive a report on additional, related policies and educational opportunities to further deter the use of tobacco products within the City of Dublin. STAFF RECOMMENDATION: Waive the reading and INTRODUCE an Ordinance Amending Chapter 4.40 (Tobacco Retailers) To Title 4 (Regulation Of Businesses) of the Dublin Municipal Code regarding banning the sale of flavored tobacco and electronic smoking devices; and, receive a report on additional, related policies and educational opportunities to further deter the use of tobacco products within the City of Dublin. January 14, 2020 Dublin City Council Agenda Page 4 of 4 8. 8.1. 8.2. 8.3. NEW BUSINESS StopWaste.Org’s Proposals to Regulate Disposable Food Ware in Eating and Drinking Establishments The City Council will receive a report on a potential food ware ordinance proposed by StopWaste and consider implementation options for the proposed ordinance. Potential implementation options include a countywide ordinance banning single-use disposable food ware in Alameda County eating and drinking establishments implemented and enforced by StopWaste; development of a model ordinance that cities could customize, adopt, and enforce as they wish; or no ordinance. STAFF RECOMMENDATION: Receive the report on the potential food ware ordinance and discuss the options proposed by StopWaste. Designation of Voting Delegate and Alternate for the November 2020 National League of Cities Annual Conference and Authorize Out-of-State Travel for City Councilmembers The City Council will consider appointing one of its members as a delegate and one as an alternate to attend the National League of Cities (NLC) Congressional City Conference in November of 2020 in Tampa, Florida. The City Council will also consider authorizing out- of-state travel for any member of the City Council wishing to attend the NLC March 2020 Conference in Washington DC. STAFF RECOMMENDATION: Appoint one of its members as a voting delegate and one as an alternate to attend the National League of Cities (NLC) Congressional City Conference and vote on the City's behalf at the City Summit in November of 2020 in Tampa, Florida; and Authorize out of state travel for those City Councilmembers wishing to travel to Washington DC for the NLC March 2020 Conference. City Council St. Patrick’s Day Parade Participation The City Council will consider options for participating in the annual Dublin Lions Club St. Patrick’s Day Parade to be held on Saturday, March 14, 2020. STAFF RECOMMENDATION: Receive the report and provide direction on how the City Council wishes to participate in the Dublin Lions Club St. Patrick’s Day Parade. 9.OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10.ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833- 6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: 2019 Sponsor Recognition Prepared by: Lauren Marriott, Recreation Coordinator EXECUTIVE SUMMARY: The City Council will recognize sponsors who contributed to City events, programs, and facilities in 2019. STAFF RECOMMENDATION: Recognize the 2019 sponsors. FINANCIAL IMPACT: The City received over $144,000 in cash sponsorships and more than $36,000 in in-kind sponsorships in 2019. Sponsorships help offset the cost of producing special events and operating City programs and facilities, reducing the overall impact on the General Fund and allowing the City to acquire specific needed goods or services it mi ght not otherwise have resources to purchase. DESCRIPTION: Through its Donation and Sponsorship Policy, the City invites and encourages local businesses and corporations to partner as sponsors of the City, making cash or in -kind contributions to support City events, programs, and facilities, in exchange for appropriate sponsorship recognition. Sponsors who contributed in 2019 are listed in Attachment 1. This is the second year that the City has co nducted a citywide annual sponsors’ reception and recognition. The City Council does not need to take an y action beyond recognizing the sponsors. According to the Donation and Sponsorship policy adopted by the City Council in 2017, the City Council is only required to formally accept donations above $45,000 . No single sponsor in 2019 contributed more than $45,000. 3.1 Packet Pg. 5 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Sponsors were invited to attend the meeting and Sponsor Recognition Reception prior to the City Council meeting. ATTACHMENTS: 1. 2019 City of Dublin Sponsor List 3.1 Packet Pg. 6 2019 Sponsorships EVENT OR DEPARTMENT CASH IN-KIND ST. PATRICK'S DAY CELEBRATION Kaiser Permanente $6,000.00 Lucky's (Save Mart)$6,000.00 All Natural Stone $4,000.00 Boulevard (Brookfield Residential)$3,000.00 Guinness (Diageo)$3,000.00 Rockin Jump $4,000.00 Safeway $4,000.00 Blue Water Marketing $2,000.00 Comcast-Xfinity $2,000.00 Cutco $1,000.00 Empower Martial Arts $2,000.00 Dr. Michael Gabrielson, D.C.$2,000.00 Great Destinations $2,000.00 GTN California, LLC $1,500.00 Hacienda Crossings $2,000.00 IKEA $2,000.00 Kaleo Marketing $2,000.00 Leaf Filter $2,000.00 Mercedes of Pleasanton $2,800.00 Pallen's Martial Arts $2,000.00 Palo Alto Medical Foundation $2,000.00 Power Crunch $1,200.00 Renewal by Anderson $2,000.00 Shapes Fitness for Women $2,000.00 Squeez'd To Go $2,000.00 Toll Brothers $2,000.00 Welk Resorts $2,000.00 Winning Ways LLC $1,500.00 Dick's Sporting Goods $3,000.00 Stanford Children's Health $2,000.00 Stanford Valley Care Hospital $750.00 IBEW Local 595 $1,000.00 Joya Yoga $500.00 Fit Potato $1,000.00 Brick Northern California $400.00 Sun Run $750.00 Hub 925 $750.00 3.1.a Packet Pg. 7 At t a c h m e n t : 1 . 2 0 1 9 C i t y o f D u b l i n S p o n s o r L i s t ( 2 0 1 9 S p o n s o r R e c o g n i t i o n ) NorCal Ambulance (Race Sponsor)$500.00 KKIQ EXCHANGE for DJ services Bagel Bakery $25.00 Bare Baked Crunchy $200.00 Erik's DeliCafe $2,000.00 Larkspur Landing $4,000.00 Lucille's $1,600.00 Safeway (for tea cottage)$250.00 GoGo Squeeze $100.00 Pitch (chocolate rolls)$100.00 Pasquier (250 macarons) for Tea Cottage $500.00 Power Crunch bars $800.00 Lucky's - 225 oranges $50.00 Lucky's - 225 bananas $45.00 Water $50.00 Sports Basement $200.00 Dublin Cyclery $200.00 Oakland Athletics - Luxury Suite/20 Tix $3,000.00 Giveaways: Bare Baked Crunchy $2,280.00 GoGo Squeeze $2,400.00 Pitch (chocolate rolls)$900.00 Power Crunch bars $500.00 Lucky's - 2000 oranges $500.00 Lucky's - 2000 bananas $450.00 Lucky's - 2000 grocery bags $400.00 EGGSTRAVAGANZA Kaiser Permanente $500.00 Lucky's (Save Mart)$1,000.00 Adam Golden $600.00 Genius Kids $600.00 FARMERS MARKET Welk Resorts $4,000.00 Brick Northern California $300.00 Kaiser Permanente $1,800.00 Century 21 Cornerstone Realty $2,500.00 Valley Link (Tri Valley Rail Auth)$300.00 Hope Hospice, Inc.$300.00 Renewal By Anderson $2,500.00 3.1.a Packet Pg. 8 At t a c h m e n t : 1 . 2 0 1 9 C i t y o f D u b l i n S p o n s o r L i s t ( 2 0 1 9 S p o n s o r R e c o g n i t i o n ) Foothill Chiropractic $3,700.00 New Homes Concierge $2,400.00 CB Fit $250.00 Child Care Links $200.00 IKEA $800.00 EcoShield Pest Control $500.00 Shapes Fitness $250.00 Empower Martial Arts $1,500.00 T-Mobile $1,100.00 Livermore Shakespeare Festival $250.00 Shapes Fitness $250.00 Calphin Aquatic $500.00 Radiance Ballet $25.00 American Health Education $250.00 The Solar Bill Review Team $1,300.00 PICNIC FLIX Palo Alto Medical Foundation $900.00 Lucky's (Save Mart)$900.00 Century 21 / Cornerstone $750.00 New Homes Concierge $600.00 Waterford Dental $300.00 SPLATTER Aloft $3,000.00 Graybar $1,500.00 IKEA $1,500.00 Provident Credit Union $1,500.00 Waterford Pediatric $1,500.00 Half Price Books $1,500.00 Elegance at Dublin $1,500.00 Tasteocracy (Eurofins)$1,500.00 99 Ranch Market $1,500.00 Norwex $1,500.00 Power Crunch $1,500.00 Cutco Cutlery $1,500.00 Kaiser $1,500.00 Osteo strong $400.00 Pallens Martial Arts $500.00 Epoch Times $1,500.00 IKEA $150.00 Guitar Center $150.00 3.1.a Packet Pg. 9 At t a c h m e n t : 1 . 2 0 1 9 C i t y o f D u b l i n S p o n s o r L i s t ( 2 0 1 9 S p o n s o r R e c o g n i t i o n ) KKIQ EXCHANGE for DJ services Lucille's BBQ $1,500.00 Osteostrong $100.00 HARVEST FAIR Challenge Dairy $500.00 Elegance at Dublin $500.00 Lucky's (Save Mart)$250.00 Lucille's BBQ $500.00 Provident Credit Union $500.00 TREE LIGHTING Edge Gymnastics $300.00 Starbucks $200.00 Blvd.$300.00 American Health Education $300.00 BJ'S $500.00 Grace Family Church $300.00 BREAKFAST WITH SANTA Provident Credit Union $300.00 Waterford Pediatric Dental $300.00 Norwex $300.00 ENVIRONMENTAL SERVICES Taylor Farms $400.00 Supervisor Haggerty $400.00 Frito-Lay $400.00 Peet's Coffee and Tea $100.00 Cabot Creamery $200.00 Mike's Camera $100.00 Dublin Lion's Club $200.00 THE WAVE Auntie Viv's Shave Ice $150.00 Bare Baked Snack Products $1,200.00 Genius Kids Dublin Eclipse $300.00 GoGo SqueeZ $2,100.00 Lucky's (Save Mart)$1,000.00 SENIOR CENTER Aetna Insurance $500.00 BrightStar Care $500.00 Sunrise Senior Living $500.00 3.1.a Packet Pg. 10 At t a c h m e n t : 1 . 2 0 1 9 C i t y o f D u b l i n S p o n s o r L i s t ( 2 0 1 9 S p o n s o r R e c o g n i t i o n ) The Parkview Assisted Living & Memory Care $500.00 Kaiser Permanente $5,000.00 POLICE SERVICES Altamont Cruisers $2,500.00 Target $100.00 Valley Spokesmen Touring Club $1,000.00 Bilich Family $1,000.00 TOTAL $144,575.00 $36,250.00 3.1.a Packet Pg. 11 At t a c h m e n t : 1 . 2 0 1 9 C i t y o f D u b l i n S p o n s o r L i s t ( 2 0 1 9 S p o n s o r R e c o g n i t i o n ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Recognition of the 2019 Winners of the Decorate Dublin Decorating Contest for Businesses Prepared by: Suzanne Iarla, Management Analyst II EXECUTIVE SUMMARY: The City Council will receive a report and recognize the four Dublin businesses that won the 2019 Decorate Dublin holiday contest. STAFF RECOMMENDATION: Recognize the Decorate Dublin winners. FINANCIAL IMPACT: None. DESCRIPTION: Since 2016, the City has partnered with the Dublin Chamber of Commerce (Chamber) to host the “Decorate Dublin” holiday contest as part of the year -round “Discover Dublin” effort to promote local shopping. The annual contest is open to all Dublin businesses and is intended to bring festive decor to Dublin's retail centers during the busy holiday shopping season. Now in its fourth year, Decorate Dublin continues to be a joint effort by the Chamber and the City, led by Staff in the Economic Development Division. The Chamber solicited participation, registered businesses in the contest, took photographs of the displays, promoted the contest on social media and funded the prizes. Staff assisted with outreach by designing a postcard that was mailed to approximately 1,000 businesses, promoting the contest on social media and hosting the online survey for the People's Choice award. Twenty businesses participated in the contest this year. A panel of judges, comprised of representatives from both the Chamber and the City, individually judged the 3.2 Packet Pg. 12 Page 2 of 2 participating businesses during December 13 - 16, 2019. During the same period, the public was invited to vote online for the People’s Choice Award. The businesses were judged based on the following categories: Most Festive/Creative - $200 prize Best Use of Lights - $200 prize Best Interior - $200 prize People's Choice - $300 prize Award winners were announced on December 19, 2019. At tonight’s City Council meeting, the Chamber will present the winners with their prizes and the City Council will present certificates of recognition. The 2019 Decorate Dublin award winners are: People's Choice: Mission Hope Day Program (6300 Village Parkway, Suite 110) Best Use of Lights: Ulferts Center Dublin (4288 Dublin Blvd.) Best Interior: Earl Anthony's Dublin Bowl (6750 Regional Street) Most Festive/Creative: Select Imaging (6398 Dougherty Road, #27) STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Representatives from the winning businesses have been invited to attend the City Council meeting. ATTACHMENTS: 1. Decorate Dublin Holiday Contest Winners 3.2 Packet Pg. 13 2019 Decorate Dublin Holiday Contest Winners People's Choice Award: Mission Hope Day Program 6300 Village Parkway, Suite 110 www.mhdp.org Best Interior Award: Earl Anthony's Dublin Bowl 6750 Regional Street www.earlanthonysdublinbowl.com Best Use of Lights Award: Ulferts Center Dublin 4288 Dublin Blvd. www.ulferts.com Most Festive Award: Select Imaging 6398 Dougherty Road, #27 www.selectimaging.com 3.2.a Packet Pg. 14 At t a c h m e n t : 1 . D e c o r a t e D u b l i n H o l i d a y C o n t e s t W i n n e r s ( 2 0 1 9 D e c o r a t e D u b l i n W i n n e r s ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Recognition of 2019 Deck the Homes Holiday Decorating Contest Prepared by: Rich Jochner, Receation Supervisor EXECUTIVE SUMMARY: The City Council will receive a report and recognize six award winners in the 2019 Deck the Homes Holiday Decorating Contest. STAFF RECOMMENDATION: Recognize and present certificates to the 2019 Deck the Homes Holiday Decora ting Contest award winners. FINANCIAL IMPACT: Expenses for the program (under $300), which includes the addition of two new categories, will be absorbed within the current operating budget . DESCRIPTION: In 2018, the City Council directed Staff to expand the current business holiday decorating competition to include a residential component. Subsequently , the “Deck the Homes” Holiday Home Decorating Program was implemented for residents who decorated their homes for the holidays, and winners were awarded in four categories. The program was successful in its inaugural year and was organized again in 2019. In 2019 two new categories were added to expand the existing program. These were Best Apartment/Condo and Best Neighborhood. To promote the holiday decorating contest, Staff utilized the City’s website and social media platforms, printed materials, press releases, and invitations to past participants. Sixteen households participated in the 2019 contest resulting in 27 entries as homes could be entered in a maximum of two categories. Commissioners from the Parks and Community Services Commission individually judged the participating homes by visiting the locations between December 9 -12, 2019. 3.3 Packet Pg. 15 Page 2 of 2 At their December 16, 2019 meeting, the Commission voted on category winners, as well as a Best Overall. The homes were judged based on the following six categories and criteria: Best Use of Lights - Unique design and/or creative use of lights. Best Lawn Display - Placement of lawn decorations and/or animation on lawn. Best Holiday Theme - Story line and/or cohesive scene. Best Condo/Apartment - Best use of limited space. Best Neighborhood - A group of three or more homes (either directly next door or across the street in the same block), promoting cooperation and collaboration in their efforts. Best Overall Award winners were notified on December 17, 2019 and received yard signs to display. Deck the Homes Winners Award Categories Number of Entries Winning Home Address Best Overall N/A 7287 Bedford Way Best Use of Lights 10 7574 Sutton Lane Best Lawn Display 9 2848 East Cog Hill Terrace Best Holiday Theme 2 2848 East Cog Hill Terrace Best Apartment/Condo 4 3654 Aviano Way Best Neighborhood 2 11319 Champagne Place & Neighbors STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The winners have been invited to attend the City Council meeting. ATTACHMENTS: 1. 2019 Award Winner Photos 2. 2019 Home Holiday Decorating Contest Flyer 3. 2019 Home Holiday Decorating Contest Entry Form 3.3 Packet Pg. 16 2019 Deck the Homes Contest Winners Best Overall Award : Best Use of Lights Award: (featuring synchronized music/lights) 7574 Sutton Lane 7287 Bedford Way Best Apartment/Condo Award: Best Lawn Display Award & 3654 Aviano Way Best Holiday Theme Award: 2848 East Cog Hill Terrace 3.3.a Packet Pg. 17 At t a c h m e n t : 1 . 2 0 1 9 A w a r d W i n n e r P h o t o s ( R e c o g n i t i o n o f 2 0 1 9 D e c k t h e H o m e s H o l i d a y D e c o r a t i n g C o n t e s t ) Best Neighborhood Award: 11319 Champagne Place & Neighbors 3.3.a Packet Pg. 18 At t a c h m e n t : 1 . 2 0 1 9 A w a r d W i n n e r P h o t o s ( R e c o g n i t i o n o f 2 0 1 9 D e c k t h e H o m e s H o l i d a y D e c o r a t i n g C o n t e s t ) City of Dublin2019 Holiday Home Decorating Contest Do you have the most festive home or apartment/condo in your neighborhood with the best holiday decorations? The City of Dublin invites Dublin residents to participate in the City’s Holiday Home Decorating Contest. One home will be chosen for Best Use of Lights, Best Lawn Display, Best Holiday Theme, Best Apartment/Condo, and Best Neighborhood (three or more homes, either directly next door or across the street in the same block, promoting cooperation and collaboration in their efforts). In addition to these categories, the judging committee will select a Best Overall award, based on curb appeal. All winners will receive a special Best Holiday Decoration yard sign. Forms are available at: Dublin Civic Center, 100 Civic Plaza (Parks and Community Services Department) Dublin Senior Center, 7600 Amador Valley Boulevard Shannon Community Center, 11600 Shannon Avenue Online at www.dublin.ca.gov or by request to rich.jochner@dublin.ca.gov Deadline to enter is Friday, December 6 at 5:00 p.m. Judging will take place December 9-12, 5:00-9:00 p.m. Winners will be notified on December 17. “decK THE HOMES” IN OUR NEW AMERICAN BACKYARD 3.3.b Packet Pg. 19 At t a c h m e n t : 2 . 2 0 1 9 H o m e H o l i d a y D e c o r a t i n g C o n t e s t F l y e r ( R e c o g n i t i o n o f 2 0 1 9 D e c k t h e H o m e s H o l i d a y D e c o r a t i n g C o n t e s t ) 3.3.c Packet Pg. 20 At t a c h m e n t : 3 . 2 0 1 9 H o m e H o l i d a y D e c o r a t i n g C o n t e s t E n t r y F o r m ( R e c o g n i t i o n o f 2 0 1 9 D e c k t h e H o m e s H o l i d a y D e c o r a t i n g C o n t e s t ) Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Presentation on One City, One Book Initiative Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will receive a presentation from Catherine Brown, a teacher at Frederiksen Elementary regarding the One City, One Book Initiative. STAFF RECOMMENDATION: Receive the presentation. FINANCIAL IMPACT: There is no financial impact associated with the One City, One Book Initiative. DESCRIPTION: The City Council will receive a presentation from Catherine Brown, a teacher at Frederiksen Elementary regarding the One City, One Book Initiative. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.4 Packet Pg. 21 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Employee Introductions Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: New members of City Staff will be introduced: Sandra Caires, Office Assistant II, City Manager's Office, Teralyn Torres, Aquatics Coordinator, and reintroduction of Katie Wolfenberger, Permit Technician, Community Development Department. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff members. FINANCIAL IMPACT: None. DESCRIPTION: New members of City Staff will be introduced: Sandra Caires, Office Assistant II, City Manager's Office, Teralyn Torres, Aquatics Coordinator, and reintroduction of Katie Wolfenberger, Permit Technician, Community Development Department. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.5 Packet Pg. 22 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Approval of the December 17, 2019 Regular City Council Meeting Minutes Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the December 17, 2019 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the December 17, 2019 Regular City Council meeting . FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the December 17, 2019 Regular City Council meeting. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the December 17, 2019 Regular City Council Meeting 4.1 Packet Pg. 23 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – DECEMBER 17, 2019 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING DECEMBER 17, 2019 A Regular Meeting of the Dublin City Council was held on Tuesday, December 17, 2019, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor Haubert. 1. Call to Order Attendee Name Title Status David Haubert Mayor Present Arun Goel Vice Mayor Present Melissa Hernandez Councilmember Present Jean Josey Councilmember Present Shawn Kumagai Councilmember Present 2. Pledge of Allegiance - The pledge of allegiance was recited by the City Council, Staff, and those present at the meeting. 3. Oral Communications 3.1. Recognition of Christopher L. Foss, Outgoing City Manager The City Council provided comment and thanked Chris Foss for his 20 years of service with the City of Dublin and welcomed Linda Smith as the City of Dublin’s new City Manager. Chris Foss, City Manager, thanked the City Council. Linda Smith, Assistant City Manager, thanked the City Council and Chris Foss for his support and mentorship. 3.2. Employee Introductions The Council welcomed the new and re-introduced Dublin Staff members. 3.3. Acceptance of Donations from the Altamont Cruisers Car Club, Valley Spokesmen Touring Club and the Bilich Family The City Council accepted the donations and recognized the sponsors. 4.1.a Packet Pg. 24 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e D e c e m b e r 1 7 , 2 0 1 9 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e D e c e m b e r 1 7 , 2 0 1 9 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING DECEMBER 17, 2019 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Shawn Kumagai, Councilmember SECOND: Arun Goel, Vice Mayor AYES: Goel, Haubert, Josey, Kumagai, Hernandez 3.4. Public Comment Charles Gu, High School Intern for Councilmember Kumagai, provided public comment. 4. Consent Calendar 4.1. Approved the minutes of the December 3, 2019 Regular City Council meeting. 4.2. Approved the Heritage and Cultural Arts Commission's artist recommendations for the Adirondack Chair Temporary Art Display Program. 4.3. Accepted the report and adopted RESOLUTION NO. 130 – 19 MAKING FINDINGS REGARDING UNEXPENDED TRAFFIC IMPACT FEES FOR FISCAL YEAR 2018-19 and approved the budget change. 4.4. Received the Comprehensive Annual Financial Report and the Annual Audit for Fiscal Year Ending June 30, 2019, and Supplemental repo rts completed by the Auditors. 4.5. Adopted 4.1.a Packet Pg. 25 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e D e c e m b e r 1 7 , 2 0 1 9 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e D e c e m b e r 1 7 , 2 0 1 9 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING DECEMBER 17, 2019 RESOLUTION NO. 131 – 19 ACCEPTING THE ANNUAL STREET RESURFACING PROJECT (2019 SLURRY SEAL PROJECT), CIP No. ST0117 4.6. Waived the reading and adopted ORDINANCE NO. 16 – 19 AMENDING CHAPTER 5.32 OF THE DUBLIN MUNICIPAL CODE RELATING TO SOLID WASTE MANAGEMENT 4.7. Received the Payment Issuance Report. 4.8. Linda Smith, Assistant City Manager, noted there was a correction made to the Amendment to the Agreement which added a not-to-exceed compensation amount of $100,000.00. Adopted RESOLUTION NO. 132 – 19 APPROVING AN AMENDMENT TO THE AGREEMENT WITH ECS IMAGING, INC. FOR SCANNING AND IMAGING SERVICES RELATED TO CITY RECORDS 4.9. Adopted RESOLUTION NO. 133 – 19 EXTENDING THE TIME PERIOD FOR THE SALES TAX REIMBURSEMENT PROGRAM, THE TRAFFIC IMPACT FEE (TIF) DEFERRAL PROGRAM, THE SEWER CAPACITY ASSISTANCE PROGRAM, AND THE TRANSIT DISTRICT MULTI- FAMILY RESIDENTIAL DEVELOPMENT FEE DEFERRAL PROGRAM RESULT: ADOPTED [UNANIMOUS] MOVED BY: Melissa Hernandez, Councilmember SECOND: Jean Josey, Councilmember AYES: Goel, Haubert, Josey, Kumagai, Hernandez 4.1.a Packet Pg. 26 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e D e c e m b e r 1 7 , 2 0 1 9 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e D e c e m b e r 1 7 , 2 0 1 9 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING DECEMBER 17, 2019 5. Written Communication – None. 6. Public Hearing – None. 7. Unfinished Business 7.1. Input on Climate Action Plan Update By consensus, the City Council directed Staff to return with more detail at the January 2020 Council meeting regarding the Climate Action Plan, specifically as it relates to energy efficiency goals for the City of Dublin. 7.2. Fallon Sports Park Phase 3 - Conceptual Design Ramesh Immedi provided public comment. Suraj Viswawathaw provided public comment. The City Council approved the conceptual design. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Melissa Hernandez, Councilmember SECOND: Jean Josey, Councilmember AYES: Goel, Haubert, Josey, Kumagai, Hernandez 8. New Business 8.1. Avesta General Plan Amendment Study Initiation Request (PLPA-2019- 00047) Mohammad Javanbakht, Avesta Development Group, made a presentation and responded to questions posed by the Council. RESOLUTION NO. 134 – 19 APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY TO EVALUATE CHANGING THE LAND USE DESIGNATION OF APPROXIMATLEY 5.74 ACRES FROM CAMPUS OFFICE TO MIXED USE (PLPA-2019-00047) 4.1.a Packet Pg. 27 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e D e c e m b e r 1 7 , 2 0 1 9 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e D e c e m b e r 1 7 , 2 0 1 9 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 5 REGULAR MEETING DECEMBER 17, 2019 RESULT: ADOPTED [UNANIMOUS] MOVED BY: David Haubert, Mayor SECOND: Arun Goel, Vice Mayor AYES: Goel, Haubert, Josey, Kumagai, Hernandez 9. Other Business Brief information only reports from City Council and/or Staff, including committee reports and reports by City Councilmembers related to meetings attended at City expense (AB1234). By consensus, the City Council directed Staff to research the Reusable Food Ware Ordinance and bring back more information on this topic for discussion at the January 14, 2020 City Council meeting. In addition, the City Council will receive a presentation from Catherine Brown, a Dublin school teacher and former recipient of the Teacher of the Year award, regarding the One City, One Book initiative she is working on for the Dublin Unified School District. 10. Adjournment The meeting was adjourned by Mayor Haubert at 9:50 p.m. in honor of Staff Sgt. Sean Diamond and all our fallen troops. 4.1.a Packet Pg. 28 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e D e c e m b e r 1 7 , 2 0 1 9 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e D e c e m b e r 1 7 , 2 0 1 9 R e g u l a r M e e t i n g ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Amendment to Office Facility Use Agreement with Alameda County Fire Department Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approving an Amended and Restated Office Facility Use Agreement with the Alameda County Fire Department for the new Public Safety Complex. STAFF RECOMMENDATION: Adopt the Resolution Approving the Amended and Restated Office Facility Use Agreement with the Alameda County Fire Department for the New Public Safety Complex. FINANCIAL IMPACT: As described in Table 1 below, Alameda County Fire Department’s (ACFD) rented space under the proposed Amended and Restated Office Facility Use Agreement has increased, resulting in a commensurate increase in rental income to the City’s General Fund. TABLE 1: Rental Income Increase Year Rentable SF $/SF Monthly Rent Annual Rent Previous Lease Term 13,971 $1.60 $22,354 $268,248 Year 1 15,065 $1.65 $24,857 $298,287 DESCRIPTION: Background The City of Dublin contracts with ACFD for fire services and has done so since 1997. In 2014, the City and ACFD entered into an Office Facility Use Agreement allowing for ACFD to relocate their administrative offices to the City-owned property located at 6363 Clark Avenue. The Agreement established a five -year term with five options to extend 4.2 Packet Pg. 29 Page 2 of 3 the term in one-year periods. ACFD has exercised the first and second options, extending the current term to December 31, 2020. In early 2019 the City began construction of the new Public Safety Complex, a roughly 39,000-square-foot facility to house both Dublin Police Services (DPS) and ACFD. As a result of the new construction, ACFD temporarily relocated their administrative operations. ACFD is scheduled to move back into the new facility by the end of January 2020. Agreement Terms Under the proposed Amended and Restated Office Facility Use Agreement, ACFD will rent 15,015 square feet for exclusive office space and locker rooms, increasing from 13,971 in the previous facility. ACFD and DPS will share a gym space as well as related circulation space (hallways). ACFD will be allocated 45 parking spaces ad jacent to their entrance. The proposed Agreement extends the current term to January 31, 2025 and contains one extension option of five additional years which would extend the agreement to January 31, 2030. Base rent will increase annually by 3%. Given the increase in the total amount of space rented, annual base rent for the upcoming year is $298,287, increasing from $268,248 as shown in Table 1 above. ACFD’s share of operating expenses will be 39%, which is based upon ACFD’s rented square footage of t he building relative to the total square footage of the building. Over the course of constructing the new facility, ACFD made several requested improvements or modifications including: - Expansion of the Training Room; - Improvements to the Parking Lot Pavement to support ACFD equipment; - Modifications to the Locker Room; - Improvements to the Side Entry Canopy; and - Modifications to the Training Room’s Heating, Ventilation, and Air Conditioning (HVAC) systems. The total cost of these improvements was $485,395 which ACFD will reimburse in full in accordance with the proposed Agreement. A copy of the proposed Agreement can be found in Exhibit A to the Resolution. Next Steps Following City Council action, Staff will take all administrative actions necessary to execute the Agreement. STRATEGIC PLAN INITIATIVE: None. 4.2 Packet Pg. 30 Page 3 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving the Amended and Restated Office Facility Use Agreement with the Alameda County Fire Department for the New Public Safety Complex 2. Exhibit A to the Resolution-Amended and Restated Office Facility Use Agreement with the Alameda County Fire Department for the New Public Safety Complex 4.2 Packet Pg. 31 RESOLUTION NO. XX-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING THE AMENDED AND RESTATED OFFICE FACILITY USE AGREEMENT WITH THE ALAMEDA COUNTY FIRE DEPARTMENT FOR THE NEW PUBLIC SAFETY COMPLEX WHEREAS, since July 1, 1997, ACFD has provided fire and emergency response services within the City pursuant to a separate written agreement and; and WHEREAS, on July 1, 2012, the parties entered into that certain Office Facility Use Agreement (hereinafter referred to as the “Agreement”) that authorized ACFD’s use of City- owned office space in exchange for certain payments; and WHEREAS, the Agreement established a five-year term for ACFD’s use of such space, which commenced on January 1, 2014, provided ACFD with five (5) options to extend the term in one (1) year periods, and required that the extensions be documented by an amendment to the Agreement; and WHEREAS, ACFD exercised the first and second options, extending the term to December 31, 2020; and WHEREAS, City began undertaking certain improvements at the Real Property and Premises, as defined in the Lease, which required ACFD to temporarily vacate the Premises starting on or about March 1, 2019; and ACFD requested certain other improvements be completed contemporaneously with City’s originally planned improvements; and WHEREAS, ACFD subleased alternate space to occupy during the time of ACFD’s displacement from the Premises and incurred moving, set-up and other charges in order to use the alternate space; and WHEREAS, City reimbursed ACFD for its reasonable costs of relocating during the period of displacement, to the extent such costs exceeded the sum of the Base Rent plus other costs otherwise payable by ACFD pursuant to the Agreement; and WHEREAS, City and ACFD now desire to enter into an amended and restated lease to address modifications to the leased space, to adopt a longer lease term, and update other terms of the Lease. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amended and Restated Office Facility Use Agreement with the Alameda County Fire Department attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement on behalf of the City of Dublin and make any other minor modifications as necessary to carry out the intent of this Resolution. 4.2.a Packet Pg. 32 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r PASSED, APPROVED AND ADOPTED this 14th day of January 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Mayor ATTEST: ______________________________ City Clerk 4.2.a Packet Pg. 33 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 1 OFFICE FACILITY USE AGREEMENT AMENDED AND RESTATED OFFICE FACILITY USE AGREEMENT (6363 Clark Avenue) This Amended and Restated Office Facility Use Agreement (this “Lease”) is entered into effective as of January 14, 2020 by and between the CITY OF DUBLIN, a municipal corporation (“City”), and ALAMEDA COUNTY FIRE DEPARTMENT, a dependent special district formed under the Fire Protection District Law of 1987 (Health and Safety Code Sections 13800 et seq.) and governed by the Board of Supervisors of the County of Alameda as its Board of Directors (“ACFD”). City and ACFD are hereinafter referred to collectively as the “Parties.” WHEREAS, since July 1, 1997, ACFD has provided fire and emergency response services within the City pursuant to a separate written agreement and; and WHEREAS, on July 1, 2012, the parties entered into that certain Office Facility Use Agreement (hereinafter referred to as the “Agreement”) that authorized ACFD’s use of City- owned office space in exchange for certain payments; and WHEREAS, the Agreement established a five-year term for ACFD’s use of such space, which commenced on January 1, 2014, provided ACFD with five (5) options to extend the term in one (1) year periods, and required that the extensions be documented by an amendment to the Agreement; and WHEREAS, ACFD exercised the first option on December 31, 2018, extending the term to December 31, 2019; and WHEREAS, City began undertaking certain improvements at the Real Property and Premises, as defined in the Lease, which required ACFD to temporarily vacate the Premises starting on or about March 1, 2019; and ACFD requested certain other improvements be completed contemporaneously with City’s originally planned improvements; and WHEREAS, ACFD subleased alternate space to occupy during the time of ACFD’s displacement from the Premises and incurred moving, set-up and other charges in order to use the alternate space; and WHEREAS, the term for ACFD’s subleased alternate space ends on January 31, 2020; and WHEREAS, City reimbursed ACFD for its reasonable costs of relocating during the period of displacement, to the extent such costs exceeded the sum of the Base Rent plus other costs otherwise payable by ACFD pursuant to the Agreement, and wavied any claim City might have for payment of Base Rent plus other costs otherwise payable by ACFD pursuant to the Agreement during the period of ACFD’s relocation to the subleased alternate space; and 4.2.b Packet Pg. 34 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 2 OFFICE FACILITY USE AGREEMENT WHEREAS, Parties anticipate that ACFD will move back into the Premises on or about February 1, 2020 to avoid ACFD incurring charges for holding over in the subleased alternate space; and WHEREAS, City and ACFD now desire to enter into an amended and restated lease to address modifications to the leased space, to adopt a longer lease term, and update other terms of the Lease; and WHEREAS, as part of the consideration for the Lease, City waives any claim it may have for holdover rent under paragraph 14.2 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agreement is amended as follows: ARTICLE I BASIC PROVISIONS 1.1 City’s mailing address: City of Dublin, 100 Civic Plaza, Dublin, CA 94568. 1.2 City’s contact: Linda Smith, City Manager. Telephone: (925) 833-6650. 1.3 ACFD’s mailing address: 6363 Clark Avenue, Dublin, CA 94568. 1.4 ACFD’s contact: David A. Rocha, Fire Chief. Telephone: (925) 833-3473. 1.5 Premises Square Footage and Location: The Premises are located on the first floor of the Building in the area shown in Exhibit A. 1.6. Total Square Footage: The total square footage of the Building measuring 38,858 square feet. 1.7 Rentable Square Footage: ACFD’s total rented space is 15,065 square feet, effective on the Commencement Date. Approximately 14,486 square feet consisting of office space and locker rooms, are for exclusive use by ACFD, with approximately 1,158 square feet of Shared Space between ACFD and Dublin Police Services. More specifically, 890 square feet are to be shared between ACFD and Dublin Police Services for us as a physical training room (with one half of the space allocated to each party) and 268 square feet are to be shared between ACFD and Dublin Police Services as circulation space (with one half of the space allocated to each party.) 1.8 Commencement Date: February 1, 2020. 1.9 Term: Five (5) years. 1.10 Expiration Date: January 31, 2025 4.2.b Packet Pg. 35 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 3 OFFICE FACILITY USE AGREEMENT 1.11 Option to Extend: One (1) extension term of five (5) years. 1.12 Base Rent: As Base Rent for use of the Premises, ACFD will pay the City the following sums: 3% annual adjustment Rentable SF $/SF Monthly Annual Previous Lease Term 13,971 $1.60 $22,354 $268,248 Year 1 15,065 $1.65 $24,857 $298,287 Year 2 15,065 $1.70 $25,611 $307,326 Year 3 15,065 $1.75 $26,364 $316,365 Year 4 15,065 $1.80 $27,117 $325,404 Year 5 15,065 $1.85 $27,870 $334,443 1.13 ACFD’s Share of Expenses: Thirty-nine percent (39%). See Section 4.5.2. ACFD’s share of expenses is based upon the square footage of the Premises relative to the total square footage of the Building. 1.14 Permitted Uses: General office and training purposes only in accordance with Applicable Laws. 1.15 Parking: ACFD is allocated 45 parking spaces adjacent to its entrance. Parking spaces are unmarked and available for use by ACFD and are available to ACFD and the public on a first come first served basis. There is no reserved parking. Parking is further addressed in Section 18.1. ARTICLE II DEFINITIONS Definitions. As used in this Lease, the following terms shall have the definitions set forth below. Additional terms are defined in the remainder of the Lease “ACFD Parties” means ACFD or ACFD’s agents, employees, contractors, subtenants or invitees. 4.2.b Packet Pg. 36 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 4 OFFICE FACILITY USE AGREEMENT “ACFD’s Share” is defined in Section 4.5.2. “Additional Rent” means any and all sums other than Base Rent which ACFD is or becomes obligated to pay to City under this Lease (whether or not specifically called “Additional Rent” in this Lease). “Alterations” means any alterations, decorations, modifications, additions or improvements made in, on, about, under or contiguous to the Premises by or for the benefit of ACFD including but not limited to, telecommunications and/or data cabling, lighting, HVAC and electrical fixtures, pipes and conduits, partitions, cabinetwork and carpeting. “Applicable Laws” is defined in Section 5.4. “Base Rent” means for each year during the Term of this Lease, the monthly amount payable per rentable square foot of the Premises set forth in Section 1.12. “Building” means the office building located at 6363 Clark Avenue, Dublin, California. “Claims” is defined in Section 6.3. “Commencement Date” is the date set forth in Section 1.8. “Common Area” means all areas and facilities located on the Land or in the Building, excluding the Premises and all other portions of the Building that are leased (or that will be leased) to other tenants or occupied by City. The Common Area includes, but is not limited to, parking areas, access and perimeter roads, sidewalks, landscaped areas and similar areas and facilities. Common Area does not include Shared Space, as defined separately. “Environmental Laws” is defined in Section 6.6. “Hazardous Material” is defined in Section 6.5. “Indemnitees” is defined in Section 9.1. “Operating Expenses” is defined in Section 4.5.3. “Physical Training Room” is 890 square feet of space shared between ACFD, Dublin Police Services and the City for use as a gym. The area is restricted to use by personnel of these agencies and not for use by members of the public or for family members.. “Premises” means the premises shown on Exhibit A consisting of approximately 15,065 square feet of rentable space in the Building. 4.2.b Packet Pg. 37 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 5 OFFICE FACILITY USE AGREEMENT “Real Property” means collectively, (i) the Building; (ii) the parcel of real property on which the Building is situated (the “Land”); and (iii) the other improvements on the Land, including, without limitation, a parking lot, driveways, lighting and landscaping. “Real Property Taxes” is defined in Section 4.6. “Rent” means Base Rent and Additional Rent, collectively. “Rules and Regulations” means the Rules and Regulations set forth in Exhibit B as such may be modified or amended from time to time by City. “Shared Space” means approximately 1,158 square feet of shared space between ACFD, and Dublin Police services will contain a physical training room “Physical Training Room” and circulation space. “Term” means the period of time during which ACFD shall be permitted to use the Premises as set forth in Section 1.9, as such may be extended pursuant to the terms hereof. ARTICLE III PREMISES AND TERM 3.1 Use of Premises. Subject to and upon the terms and conditions set forth herein, City hereby agrees to allow ACFD the use of the Premises, and ACFD hereby agrees to use the Premises in accordance with the terms of this Lease. ACFD acknowledges that City has made no representation or warranty regarding the condition of the Premises, the Building or the Real Property except as specifically stated in this Lease. 3.1.1 Appurtenant Rights. ACFD is granted the right during the Term to the nonexclusive use of the main lobby of the Building, common corridors and hallways, stairwells, elevators, and public restrooms located in the Building. City has sole discretion to determine the manner in which the public and common areas are maintained and operated, and the use of such areas shall be subject to the Rules and Regulations. City shall allow public access during regular business hours. 3.2 Term and Commencement. The Term shall commence on the Commencement Date, and unless sooner terminated as provided herein, the Term shall be for the period set forth in Section 1.8 as the same may be extended in accordance with the exercise of any option or options to extend the Term granted herein. ARTICLE IV RENT, OPERATING EXPENSES, TAXES AND SECURITY DEPOSIT 4.2.b Packet Pg. 38 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 6 OFFICE FACILITY USE AGREEMENT 4.1 Monthly Rent. From and after the Commencement Date, ACFD shall pay to City for each calendar month of the Term, the monthly Base Rent set forth in Section 1.12. Each monthly installment of Base Rent shall be due and payable to City in lawful money of the United States, in advance, on the first (1st) day of each calendar month during the Term, without abatement, deduction, claim or offset (unless the Parties mutually agree to allow an abatement, deduction, claim or offset), and without prior notice, invoice or demand, at City’s address set forth in Section 1.1 or such other place as City may designate from time to time. ACFD’s payment of Base Rent for the first month of the Term shall be delivered to City on the Commencement Date. The Base Rent payable during Year 1 and each year thereafter shall be the amount of Base Rent in effect during the last month of the prior year, increased by 3%. Base Rent for Year 1 is calculated based on the lease term in the Agreement, which was $1.60 per square foot of rentable space. 4.2 Prorations. Monthly installments for any fractional calendar month at the beginning or end of the Term shall be prorated based on the number of days in such month. 4.3 Additional Rent. All Additional Rent, including without limitation, ACFD’s Share of Operating Expenses and ACFD’s Share of Real Property Taxes shall be due and payable to City in lawful money of the United States without abatement, deduction, claim or offset, unless the Parties mutually agree otherwise, within thirty (30) days of receipt of City’s invoice or statement for same (or if this Lease provides another time for the payment of certain items of Additional Rent, then at such other time) at City’s address set forth in Section 1.1 or such other place as City may designate from time to time. 4.4 Late Charge. ACFD acknowledges that the late payment of Rent will cause City to incur administrative costs and other damages, the exact amount of which would be impracticable or extremely difficult to ascertain. City and ACFD agree that if City does not receive any such payment within thirty (30) calendar days after such payment is due, ACFD shall pay to City as Additional Rent an amount equal to five percent (5%) of the overdue amount as a late charge for each month or partial month that such amount remains unpaid. The Parties acknowledge that this late charge represents a fair and reasonable estimate of the costs that City will incur by reason of the late payment by ACFD. Acceptance of any late Rent and late charge therefore shall not prevent City from exercising any of the other rights and remedies available to City for any other Event of Default under this Lease. 4.5 Common Area Charges, Operating Expenses, and Taxes. 4.5.1 ACFD to Pay Share of Operating Expenses. ACFD shall pay to City ACFD’s Share (as defined in Section 4.5.2) of Operating Expenses as follows: on the Commencement Date (or as soon thereafter as is reasonably practicable) and thereafter prior to the commencement of each calendar year during the Term, City shall give ACFD a written estimate of ACFD’s Share of Operating Expenses for the ensuing calendar year. Commencing on the Commencement Date, and continuing thereafter throughout the Term, ACFD shall pay, as an item of Additional Rent, such estimated amount in equal monthly installments, in advance, on or before the first day of each calendar month. If City has not furnished its written estimate by the time set 4.2.b Packet Pg. 39 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 7 OFFICE FACILITY USE AGREEMENT forth above, ACFD shall pay monthly installments of Operating Expenses at the rate established for the prior calendar year, if any; provided that when the new estimate is delivered to ACFD, as applicable, ACFD shall at the next monthly payment date pay City any accrued deficiency based on the new estimate, or City shall credit any accrued overpayment based on such estimate toward ACFD’s next installment payment hereunder. Within a reasonable period of time after the end of each calendar year during the Term (but in no event more than 180 days after the end of each year), City shall furnish ACFD a statement (“Annual Statement”) showing in reasonable detail ACFD’s Share of the actual Operating Expenses incurred for the period in question; provided, however, with respect to the calendar year during which this Lease expires or sooner terminates, City may, at its election, provide ACFD with an Annual Statement prior to the end of such year based on estimated Operating Expenses, as determined by City. If ACFD’s estimated payments are less than ACFD’s Share of actual Operating Expenses as shown by the applicable Annual Statement, ACFD shall pay the difference to City within thirty (30) days following delivery of the Annual Statement. If ACFD shall have overpaid City, City shall credit such overpayment toward ACFD’s next installment payment hereunder, or if no installment payment is due, shall refund the amount to ACFD within thirty (30) days. When the Annual Statement is furnished to ACFD for the calendar year in which this Lease expires or sooner terminates: (i) ACFD shall, even if this Lease has expired or terminated, pay to City within thirty (30) days after notice, any additional sum payable by ACFD in excess of the estimate previously provided, and (ii) City shall rebate any overpayment to ACFD within thirty (30) days following delivery of the Annual Statement. If City determines at any time that the estimate of ACFD’s Share of Operating Expenses for the current year is or will become inadequate to meet ACFD’s Share of all such Operating Expense for any reason, City may, at its election, determine the approximate amount of such inadequacy and issue a supplemental estimate, and ACFD shall pay any increase as reflected by such supplemental estimate. City shall keep or cause to be kept separate and complete books covering all Operating Expenses and showing the method of calculating ACFD’s Share of Operating Expenses, and shall preserve for at least five (5) years after the close of each year all material documents evidencing such Operating Expenses for that year. For a period of 180 days following ACFD’s receipt of an Annual Statement, ACFD, at its sole cost and expense, through a representative designated by ACFD and reasonably approved by City, shall have the right upon written notice to City, during reasonable business hours at City’s offices, to examine and/or audit the books and documents evidencing such costs and expenses for the period covered by the applicable Annual Statement, provided that ACFD is not then in default under this Lease. Any delay or failure by City in delivering any estimate or statement pursuant to this Section shall not constitute a waiver of its right to require ACFD to pay ACFD’s Share of Operating Expenses, pursuant hereto. In the event that the Building is not at least ninety -five percent (95%) occupied during any year during the Term, City shall make an appropriate adjustment of the variable components of Operating Expenses for such year, as reasonably determined by City using sound accounting and management principles, to determine the amount of Operating Expenses that would have been incurred had the Building been ninety-five percent (95%) occupied during such year. This amount shall be considered to have been the amount of Operating Expenses for that year. For purposes of this Section “variable components” include only those Operating Expense components that are affected by variations in occupancy levels. 4.2.b Packet Pg. 40 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 8 OFFICE FACILITY USE AGREEMENT 4.5.2 Definition of ACFD’s Share. The term “ACFD’s Share” means that portion of an Operating Expense or Real Property Tax determined by multiplying the cost of such item by a fraction, the numerator of which is the Rentable Square Footage and the denominator of which is the Total Square footage, the total square footage of the floor area to be charged with such Operating Expense or Real Property Tax. ACFD acknowledges that the Premises are part of a Building of that has other occupants, including City. ACFD’s Share of various Operating Expenses shall be determined as a function of the Building square footage, and ACFD’s Share of Operating Expenses for all items related to Shared Space shall not exceed the percentage of the Building occupied by ACFD, regardless of whether or not the Building is fully occupied 4.5.3 Definition of Operating Expenses. The term “Operating Expenses” means all costs and expenses incurred by City or City’s agents in connection with the ownership, maintenance, repair, management and operation of the Real Property, including, but not limited to the following: repair and maintenance (but not replacement) of the roof, foundation and exterior walls of the Building; periodic painting of the Building’s external surfaces, Common Areas or Premises; periodic cleaning of the exterior windows of the Building; landscaping services; outside pest control; operation, maintenance and repair (but not replacement) of elevators (if any), utility systems, HVAC systems, mechanical and electrical systems and sanitary and storm drain systems through maintenance contracts or otherwise; maintenance services, repairs to and asphalt paving, bumpers, striping, light bulbs, light standards, monument and directional signs and lighting systems, perimeter walls, retaining walls, sidewalks, planters, landscaping and sprinkler system in planting areas; any and all assessments levied against the Building and/or the Land; water, electrical and other utility services not supplied directly to a tenant or Building occupant; removal of trash, rubbish and other refuse; cleaning and replacement of signs, including relamping and repairs; repair, operation and maintenance of the Common Area including but not limited to payment of all electrical, water and other utility charges or fees for services furnished to the Common Area; obtaining and maintaining liability, property damage and other forms of insurance which City may or is required to maintain in connection with the Building or the Real Property (including the payment of any deductibles thereunder);; employment of such personnel as City may deem reasonably necessary if any to direct parking and police the Common Area and facilities; the cost of any capital improvements (other than improvements for specific tenants or other occupants ) made by or on behalf of City to the Building or the Common Area, including those described above, to the extent of the amortized amount thereof over the useful life of such capital improvements calculated at a market cost of funds, all as determined by City, for each year of useful life during the Term; depreciation of machinery and equipment used in connection with the maintenance and operation of the Common Area; employment of personnel in connection with any of the foregoing, including payment for unemployment insurance, workers’ compensation insurance and other reasonable costs associated with such personnel; the cost of any tax, insurance or other consultant utilized in connection with the Real Property; and any other items reasonably necessary from time to time to properly repair, replace, maintain and operate the Building and the Real Property. Operating Expenses shall also include a management fee consistent with comparable projects in the City of Dublin to cover City’s management, overhead and administrative expenses or City’s payment of professional management fees. If City elects to perform any maintenance or repair in conjunction with properties other than the Building, and if a common maintenance contractor is hired for such purposes, the contract amount allocable to the 4.2.b Packet Pg. 41 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 9 OFFICE FACILITY USE AGREEMENT Building as reasonably determined by City, shall be added to and deemed a part of Operating Expenses hereunder. 4.5.4 Exclusions From Operating Expenses. Despite any other provision of Section 4.5.3, Operating Expenses shall not include: (a) depreciation, interest, or amortization on mortgages or ground lease payments; (b) legal fees incurred in negotiating and enforcing City’s agreements, employment or tax issues; (c) real estate brokers’ leasing commissions; (d) improvements and alterations made for the benefit of a specific tenant; (e) the cost of providing any service directly to and paid directly by any tenant or other occupant; (f) any costs expressly excluded from Operating Expenses elsewhere in this Lease; (g) costs of capital improvements, except as otherwise stated herein; and (h) costs of any items for which City receives reimbursement from insurance proceeds or a third party. Insurance proceeds shall be excluded from Operating Expenses in the year in which they are received, except that any deductible amount under any insurance policy shall be included within Operating Expenses. 4.6 Taxes. Both Parties are governmental entities and exempt from payment of most taxes; however for the purpose of this Lease, the term “Real Property Taxes” means any form of tax, assessment, charge, license, fee, rent tax, levy, penalty (if a result of ACFD’s delinquency), real property or other tax (other than City’s net income or franchise taxes), now or hereafter imposed with respect to the Building, or the Real Property or any part thereof (including any Alterations), this Lease or any Rent payable under this Lease by any authority having the direct or indirect power to tax, or by any city, county, state or federal government or any improvement district or other district or division thereof, whether such tax or any portion thereof (i) is determined by the area of the Building or the Real Property, or any part thereof or the Rent payable under this Lease by ACFD, including, but not limited to any gross income or excise tax levied by any of the foregoing authorities with respect to receipt of Rent due under this Lease, (ii) is levied or assessed in lieu of, in substitution for, or in addition to, existing or additional taxes with respect to the Building or the Real Property or any part thereof whether or not now customary or within the contemplation of City or ACFD, or (iii) is based upon any legal or equitable interest of City in the Building or the Real Property or any part thereof. ACFD and City intend that all Real Property Taxes, including without limitation all new and increased assessments, taxes, possessory interest taxes charged or levied in place of real property taxes, levies, and charges and all similar assessments, taxes, fees, levies and charges shall be included within the definition of “Real Property Taxes” for purposes of this Lease. 4.6.1 Apportionment of Taxes. If the Building is assessed as part of a larger parcel, then City shall equitably apportion the Real Property Taxes and reasonably determine the Real Property Taxes attributable to the Building. If other buildings exist on the assessed parcel, the Real Property Taxes apportioned to the Building shall be based upon the ratio of the square footage of the Building to the square footage of all buildings on the assessed parcel. 4.6.2 Tax on Improvements. Notwithstanding anything to the contrary set forth in this Lease, ACFD shall pay prior to delinquency any and all taxes, fees and charges which are levied or assessed against City or ACFD: (a) upon ACFD's equipment, furniture, fixtures, improvements and other personal property located in the Premises, (b) by virtue of any alterations or leasehold improvements made to the Premises by ACFD, and (c) upon this transaction or any 4.2.b Packet Pg. 42 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 10 OFFICE FACILITY USE AGREEMENT document to which ACFD is a party creating or transferring an interest or an estate in the Premises. City shall promptly notify ACFD of any tax, fee, or charge. If any such tax, fee or charge is paid by City, ACFD shall reimburse City for City’s payment upon demand. ARTICLE V USE OF PREMISES 5.1 Permitted Use. The Premises shall be used solely for the purposes set forth in Section 1.14 and for no other purpose without the written consent of City, which may be granted or withheld in City’s sole discretion. ACFD shall not do or suffer or permit anything to be done in or about the Premises, the Building or the Real Property, nor bring or keep anything therein that would in any way subject City to any liability, increase the premium rate of or affect any fire, casualty, rent or other insurance relating to the Real Property or any of the contents of the Building, or cause a cancellation of, or give rise to any defense by the insurer to any claim under, or conflict with, any policies for such insurance. If any act or omission of ACFD results in any such increase in premium rates, ACFD shall pay to City upon demand the amount of such increase. 5.2 Signage. ACFD shall obtain the prior approval of the City, which approval may be withheld in City's reasonable discretion before placing any sign or symbol on doors or windows or elsewhere in or about the Premises so as to be visible from the public areas or exterior of the Building, or upon any other part of the Building or Real Property, including building directories. Any signs or symbols which have been placed without City's approval may be removed by City. Upon expiration or termination of this Lease, all signs installed by ACFD shall be removed and any damage resulting therefrom shall be promptly repaired by ACFD, or such removal and repair may be done by City and the cost charged to ACFD as Rent. ACFD shall be provided signage in the lobby of the Building as a part of the Building directory. 5.3 Rules and Regulations. ACFD shall comply with the rules attached hereto as Exhibit B, and any amendments or additions thereto promulgated by City from time to time for the safety, care and cleanliness of the Premises, Building and Real Property (the “Rules and Regulations”) except as stated in Section 5.3.1. ACFD shall not use or permit any person to use the Premises for any purpose that is contrary to the Rules and Regulations, that violates any Applicable Law, that constitutes waste or nuisance, or that would unreasonably annoy or interfere with other occupants of the Building or the occupants of buildings adjacent to the Building. City shall not be responsible to ACFD for the nonperformance or noncompliance by any other occupant of the Building of or with any of the Rules and Regulations. In the event of any conflict between the provisions of this Lease and the provisions of the Rules and Regulations, the provisions of this Lease shall control. 5.3.1 Notwithstanding any contrary provision of the Rules and Regulations as such may be amended from time to time, ACFD may use the Premises and Building as follows: a. ACFD may have access to the Premises 24 hours a day every day of the year. 4.2.b Packet Pg. 43 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 11 OFFICE FACILITY USE AGREEMENT b. ACFD may install and shall have control of all electrical devices installed or used in the Premises, including those that have transmissions. c. City shall allow any other exemptions from Rules and Regulations consistent with use of space by a public safety agency and guidelines or requirements of Homeland Security or similar agencies. 5.4 Compliance with Laws. ACFD shall procure and maintain all governmental approvals, licenses and permits required for the proper and lawful conduct of ACFD’s permitted use of the Premises. ACFD shall throughout the Term comply with and shall not use the Premises, the Building or the Real Property, or suffer or permit anything to be done in or about the same which would in any way conflict with any of the following (collectively “Applicable Laws”): (i) the provisions of all recorded covenants, conditions and restrictions applicable to the Building or the Real Property, or (ii) any federal, state, county, local or other governmental agency rules, regulations, statutes, ordinances, orders, standards, requirements or laws now in force or hereafter enacted, promulgated or issued which are applicable to the Real Property, Premises, the Building, or the use or occupancy thereof, including without limitation building, zoning, and fire codes and regulations. 5.5 Repairs and Replacements. ACFD shall repair and maintain the Premises, fixtures and furnishings in an order and condition in compliance with Applicable Laws, and ACFD shall, at ACFD’s sole expense promptly make all repairs, replacements, alterations, or improvements necessary to comply with all Applicable Laws to the extent that such Applicable Laws are triggered by or relate to (i) ACFD’s particular use of the Premises, or (ii) any alterations located in the Premises. City shall, at City’s sole expense, promptly make all repairs, replacements, alterations, or improvements necessary to comply with all Applicable Laws to the extent that such Applicable Laws relate to the base Building. ARTICLE VI ENVIRONMENTAL MATTERS 6.1 Use of Hazardous Materials. ACFD shall not cause or permit any Hazardous Material to be generated, brought onto, used, stored, or disposed of in or about the Premises, the Building or the Real Property by ACFD Parties except for limited quantities of standard office and janitorial supplies. At ACFD’s sole cost and expense, ACFD shall use, store and dispose of all such Hazardous Materials in strict compliance with all Environmental Laws, and shall in all other respects comply with all Environmental Laws. 6.2 Notice of Release or Investigation. If during the Term of this Lease (including any extensions), either Party becomes aware of (a) any actual or threatened release of any Hazardous Material in, on, under, or about the Premises, the Building or the Real Property, or (b) any inquiry, investigation, proceeding, or claim by any government agency or other person regarding the presence of Hazardous Material in, on, under, or about the Premises, the Building, or the Real Property, that Party shall give the other Party written notice of the release or investigation within 4.2.b Packet Pg. 44 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 12 OFFICE FACILITY USE AGREEMENT five (5) days after learning of it and shall simultaneously furnish to the other Party copies of any claims, notices of violation, reports, or other writings received by the Party that concern the release or investigation. 6.3 Indemnification. City and ACFD (each an “Indemnifying Party”) shall defend (with counsel reasonably acceptable to the other Party), indemnify and hold harmless the other Party and its elected and appointed officers, officials, employees, agents and representatives (collectively, “Indemnified Parties”) from and against any and all liabilities, losses, damages, fines, deficiencies, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and expenses, court costs, expert witness fees and post judgment collection costs) (all of the foregoing, collectively “Claims”) resulting or arising from or in connection with any release of any Hazardous Material in or about the Premises, the Building or the Real Property or any other violation of any Environmental Law by the Indemnifying Party or its agents, assignees, sublessees, contractors, or invitees. This indemnification includes: (i) losses attributable to diminution in the value of the Premises or the Building, (ii) loss or restriction of use of rentable space in the Building, (iii) adverse effect on the marketing of any space in the Building; and (iv) all other liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions of any kind and administrative or judicial proceedings, orders, or judgments), damages (including consequential and punitive damages), and costs (including attorney, consultant, and expert fees and expenses) resulting from the release or violation. The indemnity provided in this Section shall not extend to Claims to the extent the same are caused by the gross negligence or willful misconduct of the Indemnified Parties. The provisions of this Section shall survive the expiration or termination of this Lease. 6.4 Remediation Obligations. If the presence of any Hazardous Material brought onto the Premises or the Building by either Party or its employees, agents, contractors, or invitees results in contamination of the Premises, the Building or the Real Property, that Party shall promptly take all necessary actions to remove or remediate such Hazardous Materials, whether or not they are present at concentrations exceeding state or federal maximum concentration or action levels, or any governmental agency has issued a cleanup order, at that Party’s sole expense, to return the Premises and the Building to the condition that existed before the introduction of such Hazardous Material. ACFD shall first obtain City’s approval of the proposed removal or remedial action. This provision does not limit the indemnification obligation set forth in Section 6.3. 6.5 Definition of Hazardous Material. As used in this Lease, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste at any concentration that is or becomes regulated by the United States, the State of California, or any government authority having jurisdiction over the Building. Hazardous Material includes: (a) any “hazardous substance,” as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 United States Code sections 9601-9675); (b) “hazardous waste,” as that term is defined in the Resource Conservation and Recovery Act of 1976 (RCRA) (42 United States Code sections 6901-6992k); (c) any pollutant, contaminant, or hazardous, dangerous, or toxic chemical, material, or substance, within the meaning of any other applicable federal, state, or local law, regulation, ordinance, or requirement (including consent decrees and administrative orders imposing liability or standards of conduct concerning any hazardous, 4.2.b Packet Pg. 45 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 13 OFFICE FACILITY USE AGREEMENT dangerous, or toxic waste, substance, or material, now or hereafter in effect); (d) petroleum products; (e) radioactive material, including any source, special nuclear, or byproduct material as defined in 42 United States Code sections 2011-2297g-4; (f) asbestos in any form or condition; and (g) polychlorinated biphenyls (PCBs) and substances or compounds containing PCBs. 6.6 Definition of Environmental Laws. As used in this Lease, the term “Environmental Laws” means all federal, state and local laws, ordinances, regulations, rules orders and directives pertaining to Hazardous Materials, including without limitation, the laws, statutes, and regulations cited in the preceding Section 6.5, as any of the foregoing may be amended from time to time. ARTICLE VII UTILITIES AND SERVICES 7.1 Building Services. City shall supply the Utility Services and the Maintenance Services described below in accordance with the terms and conditions set forth in this Article. The Utility Services and the Maintenance Services are collectively referred to as the “Building Services.” Except as otherwise specifically provided herein, the cost of all Utility Services and Maintenance Services shall be included within the definition of Operating Expenses and shall be paid by ACFD in the manner set forth in Section 4.5. 7.1.1 Utility Services. City shall furnish the utility services listed in this Section (“Utility Services”) except to the extent that ACFD has separately contracted for the provision of such services. During the hours from 8:00 a.m. to 6:00 p.m., Monday through Friday, excluding federal and state holidays (“Building Standard Hours”), City shall supply: (i) electricity for Building lighting and power suitable for use of the Premises for ordinary general office purposes; (ii) air conditioning and heating as required in City’s reasonable judgment for the comfortable use and occupancy of the Premises for ordinary general office purposes; and (iii) water for drinking and lavatory purposes. City may at its option require ACFD to pay as Additional Rent the cost as reasonably determined by City incurred in connection with any extraordinary usage of utilitiesIn addition, prior to commencement of the Lease, City will install separate electric and gas meters for ACFD on the Premises, and ACFD thereafter shall pay all charges of their metered service. If such utilities and services (including without limitation, HVAC service) are requested by ACFD during times other than the Building Standard Hours, City may invoice ACFD for the actual costs incurred and ACFD shall pay City’s charges for the actual costs of such utilities and services on demand as Additional Rent. Such charges shall be based on City’s actual costs together with such reasonable administration charges as City may impose in connection therewith, with after-hours HVAC services being charged on a per-hour basis at the hourly rate established by City from time to time for the Building (which hourly rate may be based on the cost of utilities, wear and tear on the HVAC systems and City’s administration). ACFD shall cooperate with any present or future government conservation requirements and with any reasonable conservation practices established by City. 7.1.2 Maintenance Services. City shall provide all of the following (collectively, “Maintenance Services”): (i) maintenance of all exterior areas of the Building and the Real 4.2.b Packet Pg. 46 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 14 OFFICE FACILITY USE AGREEMENT Property, including without limitation, lighting and landscaping; (ii) cleaning, painting, maintenance and repair of the Building exterior, (iii) maintenance and repair of the Building mechanical, electrical, HVAC and plumbing equipment and systems and the Building structural components including the roof, foundation, floors and walls, (iv) maintenance of all public and common areas of the Building and the Real Property including parking lots, walkways, driveways, fences, utility systems, fire sprinklers, lobbies, stairs, elevators, corridors, restrooms, windows; (v) supply of public area lamp replacement, (vi) provision of exterior window washing with reasonable frequency, but in no event less than two times per year; and (vii) provision of janitorial services to the common areas ("Janitorial Services"). ACFD shall be responsible for janitorial service to the Premises and interior window cleaning. ACFD may elect to contract with City’s janitorial service company. 7.2 Interruption of Services. ACFD agrees that City shall not be liable for damages, other than abatement of Rent or the actual cost to correct, for failure to furnish or delay in furnishing any Building Service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: (a) breakage, repairs, replacements, or improvements; (b) strike, lockout, or other labor trouble; (c) inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort to do so; (d) accident or casualty; (e) act or default of ACFD or its agents or invitees; or (f) any other cause beyond City’s reasonable control. Without limiting the generality of the foregoing, City shall not be liable under any circumstances for a loss of or injury to property or for injury to or interference with ACFD’s business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services described in this Article VII. City may comply with mandatory or voluntary controls or guidelines promulgated by any government entity relating to the use or conservation of energy, water, gas, light, or electricity without creating any liability of City to ACFD under this Lease as long as compliance with voluntary controls or guidelines does not materially and unreasonably interfere with ACFD’s use of the Premises. City shall promptly repair any items in the Common Areas that are necessary for use of the Premises. 7.3 ACFD’s Maintenance and Repair Obligations. ACFD shall, at all time during the Term of this Lease, at ACFD’s sole expense, keep the Premises (including Alterations, fixtures and furnishings) in good order, repair and condition at all times during the Term. Subject to City’s prior approval and within any reasonable period specified by City, ACFD shall, at ACFD’s sole expense, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and other leasehold improvements. If ACFD fails to maintain or keep the Premises in good repair or if such failure results in a nuisance or health or safety risk, City shall promptly notify ACFD and allow ACFD a reasonable time to conduct the maintenance or repair. If ACFD does not conduct the maintenance or repair, City may perform any such required maintenance and repairs, and within thirty (30) days after receipt of City’s invoice therefor, ACFD shall pay City’s costs incurred in connection with such repairs, plus a percentage of such costs sufficient to reimburse City for all overhead, general conditions, fees and other costs and expenses in connection therewith. 7.4 Compliance with Applicable Laws. City and ACFD shall each comply with (and shall cause their respective employees, agents and contractors to comply with) all Applicable 4.2.b Packet Pg. 47 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 15 OFFICE FACILITY USE AGREEMENT Laws, including without limitation all Environmental Laws, whenever either party undertakes any work of construction, alteration or improvement in the Premises or the Building. ARTICLE VIII ALTERATIONS AND ADDITIONS 8.1 Alterations and Improvements. ACFD may not make any improvements, alterations, additions or changes to the Premises (“Alterations”) exceeding Five Thousand Dollars ($5,000) in cost without the prior written approval of City. All Alterations shall be done at ACFD’s expense, in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, by ACFD, Alameda County General Services Agency, or by licensed contractors, in conformity with plans approved by City, and in compliance with all Applicable Laws. ACFD shall obtain all necessary governmental approvals and permits for such Alterations. ACFD shall give City not less than ten (10) business days' notice prior to the commencement of construction so that City may post a notice of nonresponsibility on the Premises. Notwithstanding any other provisions in this Lease, unless City otherwise agrees in writing, ACFD shall remove, prior to expiration of the Term and at ACFD's sole cost and expense, any and all wires, cables and related telecommunications devices installed by or on behalf of ACFD, and City may at its option by written notice to ACFD, require that ACFD, upon the expiration or sooner termination of this Lease, at ACFD’s expense, remove any or all other Alterations and return the Premises to its condition as of the Commencement Date, normal wear and tear excepted. In no event shall any Alteration (i) affect the exterior of the Building, (ii) affect any of the structural portions of the Building, including without limitation, the roof, (iii) require any change to the basic floor plan of the Premise or any change to the structural or mechanical components of the Premises, (iv) diminish the value of the Premises, (v) result in an increase in the demand for utilities or services that City is required to provide, (vi) cause an increase in the premiums for hazard or liability insurance carried by City, or (vii) overload the floor load capacity or unduly burden the plumbing, heating, ventilation, air conditioning, electrical or other basic systems that serve the Building. ARTICLE IX ACFD IMPROVEMENTS 9.1 ACFD Requested Improvements. City began undertaking certain improvements at the Premises, Real Property and Building, and ACFD requested certain other improvements be completed contemporaneously with City’s improvements (the “ACFD Improvements”). The ACFD Improvements are listed in Exhibit C. The plans for the ACFD Improvements are contained within the City’s plans for undertaking the improvements to the Premises, Real Property a nd Building (“the Plans”). The Plans are incorporated by reference as Exhibit C -1. City shall construct the ACFD Improvements substantially in conformance with the Plans. 4.2.b Packet Pg. 48 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 16 OFFICE FACILITY USE AGREEMENT ACFD understands and agrees that the installation of certain elements of the ACFD Improvements may be performed before or after execution of the Lease for reasons of economics or convenience. Such elements may include, among other things, the extension of mechanical and electrical distribution systems outside the Building core, wall construction, column enclosures, painting, ceiling hanger wires, and window treatment. Should the terms of this paragraph 9.1 preclude ACFD’s reasonable occupancy on February 1, 2020 at the Commencement Date of the Term, the parties shall promptly meet and confer regarding the logistics of ACFD’s subleased alternative space and City’s reimbursement of any additional costs occasioned by ACFD’s inability to take occupancy on the Commencement Date including but not limited to holdover charges. 9.2 Reimbursement of Costs. Within fourteen (14) days’ execution of this Lease, ACFD shall reimburse the City for ACFD Improvements in full. The estimated total project cost for the Improvements, including design, construction, administration and project management is Four Hundred Eighty-Five Thousand, Three Hundred Ninety-Five Dollars ($485,395) (“Estimated Improvement Cost”) ACFD shall be responsible for one hundred percent (100%) of Estimated Improvement Cost. The Estimated Improvement Cost is itemized in Exhibit C. ACFD’s payment of the Estimated Improvement Cost shall not excuse City’s obligation to construct the ACFD Improvements in accordance with the Plans, or diminish ACFD’s rights under Paragraph 9.5. 9.3 City Compliance with Construction Requirements. City shall cause the ACFD Improvements to be constructed in a good and workmanlike manner, free from design, material, and workmanship defects in accordance with the Plans and all Applicable Laws. City is responsible for all associated contract administration and payment of contractors, including compliance with Public Contract Code and Labor Code requirements, as applicable. All work in performance of this Lease must be done by skilled workers or mechanics. Work performed under this Lease must be in conformance with the prevailing wage provisions of State laws. Prevailing wages are to be paid for work to be performed by City during the Term of this Lease, as provided by relevant provisions of the California Labor Code. City agrees to comply with all applicable provisions of said Code as they relate to the payment of prevailing wages, and City agrees to indemnify, defend and hold ACFD harmless from all claims, costs, causes of action, attorneys’ fees, damages or liability arising out of or in connection with the failure of City or City’s contractors or subcontractors to comply with the applicable provisions of said Code. 9.4 ACFD’s Access to the Premises, Inspection and Punchlist. ACFD’s representative shall have the right to enter the Premises at all reasonable times for the purpose of inspecting the progress of construction of the ACFD Improvements; provided however, during the period of the construction of the Project, ACFD shall not enter the Premises unless accompanied by an authorized agent of City. City shall notify ACFD when the ACFD Improvements are substantially complete. On receipt of such notice, ACFD’s representative, City’s representative, and if appropriate contractors, shall promptly inspect the ACFD Improvements and prepare a written list (“Punchlist”) of any items that are defective, incomplete, or do not conform to the Plans, applicable permits, or Applicable Laws. Should the terms of this paragraph 9.4 preclude ACFD’s occupancy on February 1, 2020 at the Commencement Date of the Term, the parties shall promptly meet and confer regarding the logistics of ACFD’s subleased alternative space and City’s reimbursement of any additional costs occasioned by ACFD’s inability to take occupancy on the Commencement Date including but not limited to holdover charges. 4.2.b Packet Pg. 49 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 17 OFFICE FACILITY USE AGREEMENT 9.5 Occupancy of the Premises. Occupancy of the Premises by ACFD shall not relieve City in any respect from construction of the ACFD Improvements full compliance at all times with the Plans. It is also understood that the Premises, at time of Commencement Date, will be in compliance with occupancy requirements, operating regulations, and regulatory permits as required for the services provided at this location. It is further understood and agreed that any installation not in conformity with the Plans shall be corrected in a reasonable amount of time by City at City’s sole cost and expense. ARTICLE X INSURANCE AND INDEMNITY 10.1 Indemnity. To the fullest extent permitted by law, ACFD shall defend (with counsel reasonably acceptable to City), indemnify and hold the City, its employees, agents, volunteers, and elective and appointive boards (“Indemnitees”) harmless from and against any and all Claims (including without limitation, Claims for or relating to loss of or damage to property, injury or death of any person, and economic losses and consequential or resulting damage of any kind), including any Claim directly or indirectly arising from or in connection with or in any way attributable to: (i) the use or occupancy, or manner of use or occupancy of the Premises or the Real Property by ACFD or the ACFD Parties, (ii) any act, error, omission or negligence of ACFD Parties or any invitee, guest or licensee of ACFD in, on or about the Premises or the Real Property, (iii) any Alterations, activity, work, or thing done, omitted, permitted, allowed or suffered by ACFD or ACFD Parties in, at, or about the Premises, or the Real Property, or (iv) any breach or default in performance of any obligation on ACFD's part in the performance of any covenant or agreement to be performed by ACFD under this Lease, except to the extent caused by the sole negligence or willful misconduct of City or the Indemnitees. This indemnification does not extend to Claims arising out of Common Areas unless such Claims arise from the sole negligence or intentional actions of ACFD or the ACFD Parties. To the fullest extent permitted by law, City shall defend (with counsel reasonably acceptable to ACFD), indemnify and hold ACFD and its elected and appointed officers, officials, employees, representative and agents harmless from and against any and all Claims (including without limitation, Claims for or relating to loss of or damage to property, injury or death of any person, and economic losses and consequential or resulting damage of any kind), arising from or in connection with or in any way attributable to: (i) any act, error, omission or negligence of City or any, invitee guest, licensee, employee, agent or contractor of City in, on or about the Building or the Real Property, (iii) any activity, work, or thing done, omitted, permitted, allowed or suffered by the City or any invitee guest, licensee, employee, agent, or contractor of City in, at, or about the Building or the Real Property, or (iv) any breach or default in performance of any obligation on the part of City in the performance of any covenant or agreement to be performed by City under this Lease, except to the extent caused by the sole negligence or willful conduct of ACFD or the ACFD Parties. 4.2.b Packet Pg. 50 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 18 OFFICE FACILITY USE AGREEMENT The provisions of this Section shall not be construed or interpreted as in any way restricting, limiting or modifying the insurance obligations of the Parties under this Lease and are independent of such obligations. Compliance with the insurance requirements set forth in this Lease shall not in any way restrict, limit or modify the respective indemnification obligations of the Parties hereunder. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 10.2 ACFD’s Insurance. ACFD shall, at its sole expense, procure and maintain throughout the Term (plus such earlier and later periods as ACFD may be in occupancy of the Premises) all of the following: (a) Commercial general liability insurance including contractual liability coverage, written on an “occurrence” policy form, covering bodily injury, property damage and personal injury arising out of or relating (directly or indirectly) to ACFD’s operations, conduct, assumed liabilities, or use or occupancy of the Premises, the Building or the Real Property naming the Indemnitees as additional insureds, with minimum coverage in the amount of Two Million Dollars ($2,000,000) per occurrence combined single limit for bodily injury and property damage and Two Million Dollars ($2,000,000) in the aggregate; (b) Property insurance protecting ACFD against loss or damage by fire and such other risks as are insurable under then available standard forms of “all risk” insurance policies, covering ACFD’s personal property and trade fixtures in or about the Premises or the Real Property, and any improvements and/or Alterations in the Premises, in an amount not less than one hundred percent (100%) of their actual replacement cost or highest insurable value; (c) Workers’ compensation insurance in at least the statutory amounts; and (d) Comprehensive automobile liability insurance with a minimum coverage of one million dollars ($1,000,000) per occurrence, combined single limit. The foregoing policies shall protect ACFD as an additional named insured, and City and the other Indemnitees as additional insureds, and if subject to deductibles shall provide for deductible amounts not in excess of those approved in advance in writing by City in its reasonable discretion. City reserves the right to increase the foregoing amount of required liability coverage from time to time (but not more often than once each calendar year) to adequately protect Indemnitees and to require that ACFD cause any of its contractors, vendors or other parties conducting activities in or about or occupying the Premises to obtain and maintain insurance as determined by City and as to which the Indemnitees shall be additional insureds. 10.3 Excess Coverage Liability Policy. Nothing in this Article IX shall prevent ACFD from obtaining insurance of the kind and in the amounts provided for under this Section under an excess coverage liability insurance policy covering other properties as well as the Premises; provided, however, that any such policy of excess coverage liability insurance (i) shall specify those amounts of the total insurance allocated to the Premises, which amounts shall not be less than the amounts required by Section 9.2, (ii) such amounts so specified shall be sufficient to prevent any one of the insureds from becoming a co-insurer within the terms of the applicable 4.2.b Packet Pg. 51 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 19 OFFICE FACILITY USE AGREEMENT policy, and (iii) shall, as to the Premises, otherwise comply with the requirements of this Article as to endorsements and coverage. 10.4. Policy Form. ACFD maintains its insurance through the County of Alameda, which is self-insured. Other than ACFD’s workers’ compensation insurance, all coverage shall (i) provide that no act or omission of ACFD shall affect or limit the obligations of the insurer with respect to any other insured; (ii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Section 9.6; and (iii) provide that the coverage shall be primary, and that City, although an additional insured, shall nevertheless be entitled to recovery for any damage to City or the other Indemnitees by reason of acts or omission of ACFD, and that any coverage carried by City shall be noncontributory with respect to coverage carried by ACFD. If requested, proof of coverage shall be delivered to City by ACFD on or before the Commencement Date. City may at any time, and from time to time, inspect and /or copy any and all insurance coverage required by this Lease. 10.5 Insurance of ACFD's Contractors and Agents. In addition to any other insurance requirements, ACFD expressly agrees that none of its agents, contractors, workmen, mechanics, suppliers or invitees performing construction or repair work in the Premises shall commence such work unless and until each of them shall furnish ACFD (and City if requested) with satisfactory evidence of insurance coverage, financial responsibility and appropriate written releases of mechanic’s or materialmen’s lien, or stop notice claims, as necessary. 10.6 Waiver of Subrogation. ACFD and City each agree to waive, and as applicable shall cause the insurance companies issuing their respective property (first party) insurance, to waive any subrogation rights that each Party and such companies may have against ACFD or City, respectively, as long as the insurance is not invalidated by the waiver. If the waivers of subrogation are contained in their respective insurance policies, City and ACFD waive any right that either may have against the other on account of any loss or damage to their respective property to the extent that the loss or damage is insured under their respective insurance policies. 107 City’s Insurance. City shall maintain throughout the Term liability insurance and property damage insurance comparable to or exceeding the coverage and amounts of insurance carried by reasonably prudent municipal/government owners of comparable buildings, and workers’ compensation coverage as required by law. ARTICLE XI ASSIGNMENT AND SUBLETTING 11. City’s Consent Required. ACFD shall not assign, mortgage, pledge, encumber or otherwise transfer this Lease. Except as set forth in this Section, ACFD shall not permit all or any part of the Premises to be used or occupied for any purpose by anyone other than ACFD or ACFD Parties without the prior written consent of City, which City will not unreasonably withhold. Except as set forth in this section, any assignment or agreement permitting any third party to use or occupy the Premises without City’s prior written consent shall, at City’s option, be void and 4.2.b Packet Pg. 52 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 20 OFFICE FACILITY USE AGREEMENT shall constitute an Event of Default entitling City to terminate this Lease and to exercise all other remedies available to City under this Lease and at law. 11.2 No Release of Obligations. The consent by City to an assignment or agreement for use by others shall not relieve ACFD or any assignee from the requirement of obtaining City’s express prior written consent to any other or further assignment or agreement for use by another occupant. No occupant may assign its rights or allow others to use the Premises, without City’s prior written consent, which consent may be not be unreasonably withheld. Neither an assignment nor the collection of rent by City from any person other than ACFD shall be deemed a waiver of any of the provisions of this Article or release ACFD from its obligations to comply with this Lease, and ACFD shall remain fully and primarily liable for all of ACFD’s obligations under this Lease. 11.3 Recapture. As material consideration for the execution of this Lease by City, ACFD hereby agrees that whenever it delivers written notice to City that it desires approval of a use agreement or assignment which covers the entirety of the Premises, City shall have the right to review the terms and conditions of such proposed use agreement or assignment and shall have a right for a period of fifteen (15) business days, to cancel this Lease and instead enter into a direct agreement with any prospective user or assignee. Such fifteen (15) day period shall commence upon ACFD's delivery to City of written notice of the terms of the proposed assignment or use agreement and financial statements for the proposed assignee or user. If City exercises its right to cancel this Lease, ACFD shall surrender possession of all of the Premises not later than the date on which the proposed use agreement or assignment term would commence. 11.4 Proceeds of Third Party Use Agreement or Assignment. If ACFD enters into any assignment or use agreement permitting a third party to use or occupy the Premises, City shall be entitled to receive as Additional Rent hereunder, one hundred percent (100%) of any consideration paid by the assignee or user for the use of occupancy of the Premises in excess of the amount of Base Rent attributable to the space that is the subject of the use or occupancy agreement, except that ACFD may recapture on an amortized basis over the term of the use agreement or assignment, any brokerage commission paid by ACFD in connection with the agreement or assignment (not to exceed the amount of commissions typically paid in the market at the time of such agreement or assignment) and reasonable marketing costs paid by ACFD in connection with the use agreement or assignment. ARTICLE XII DAMAGE AND DESTRUCTION 12.1 Repair and Restoration; Termination Rights. If all or part of the Premises is damaged by fire or other casualty, or if the Building is so damaged that access to or use and occupancy of the Premises is materially impaired, within forty-five (45) days of the date of the damage, City shall notify ACFD of the estimated time, in City’s reasonable judgment, required for repair or restoration (“Repair Period”). If the estimated time is 180 days or less, City shall proceed promptly and diligently to repair or restore the Premises or the portion of the Building necessary for ACFD’s occupancy, and this Lease shall remain in effect, except that for the time unusable, 4.2.b Packet Pg. 53 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 21 OFFICE FACILITY USE AGREEMENT ACFD shall receive a Rent abatement for that part of the Premises rendered unusable in the conduct of ACFD’s business. If the estimated time for repair or restoration is in excess of 180 days from the date of the casualty, City, at its option exercised by written notice to ACFD within sixty (60) days after the date of the casualty, shall either (a) commence to repair the damage, in which case this Lease shall continue in full force and effect, or (b) terminate this Lease as of the date specified by City in the notice, which date shall be not less than thirty (30) nor more than sixty (60) days after the date such notice is given, and this Lease shall terminate on the date specified in the notice. If the time estimated for repair is more than one year and City does not give notice terminating this Lease, then within thirty (30) days after ACFD receives City’s notice providing a Repair Period, ACFD may give notice to City terminating this Lease as of the date specified in ACFD’s termination notice, which date shall not be before the date of such notice or more than thirty (30) days after the date of ACFD’s termination notice. If the time estimated for repair is less than one year, or is more than one year and ACFD does not exercise its foregoing termination rights, and in either case City fails to repair the damage by the date that is the later to occur of (i) one year from the date of the damage, or (ii) ninety (90) days after the end of the Repair Period, then ACFD may give notice to City, within ten (10) business days after the end of the Repair Period terminating this Lease as of the date specified in ACFD’s notice, which date shall not be earlier than 45 days after the date of ACFD’s termination notice nor more than 60 days after City’s receipt of ACFD’s termination notice; provided however, if City repairs the damage for which it is responsible within 45 days after receipt of ACFD’s termination notice, City may elect to nullify ACFD’s termination notice (and thereupon this Lease shall continue in full force and effect) by City’s notice of such repair and election given to ACFD on or prior to the expiration of such 45-day period. 12.2 Damage Near End of Term. Notwithstanding anything to the contrary set forth in this Article, if the Premises or the Building are damaged during the last twelve (12) months of the Term, City and ACFD shall each have the option to terminate this Lease by giving written notice to the other of the exercise of that option within thirty (30) days after the damage or destruction, and this Lease shall terminate as of the date specified in such notice which shall be not before the date of such notice nor more than 30 days after the date of such notice. 12.3 Rent Apportionment. If City or ACFD elects to terminate this Lease under this Article XII, ACFD shall pay Rent, prorated on a per diem basis and paid up to the date of the casualty. If the Premises are wholly untenantable and this Lease is not terminated, Rent shall abate on a per diem basis from the date of the casualty or default until the Premises are ready for occupancy by ACFD or the default is cured. If part of the Premises are untenantable, Rent shall be prorated on a per diem basis and abated in proportion to the portion of the Premises which is unusable until the damaged part is ready for ACFD's occupancy. Notwithstanding the foregoing, if any damage was caused by the gross negligence or willful misconduct of ACFD, its employees or agents, then, in such event, ACFD agrees that Rent shall not abate or be diminished. 12.4 Waiver of Statutory Provisions. The provisions of this Lease, including those in this Article XII, constitute an express agreement between City and ACFD that applies in the event of 4.2.b Packet Pg. 54 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 22 OFFICE FACILITY USE AGREEMENT any damage to the Premises, Building, or Real Property. ACFD, therefore, fully waives the provisions of any statute or regulation, including California Civil Code sections 1932(2) and 1933(4), relating to any rights or obligations concerning any such casualty. 12.5 Damage Caused by ACFD or ACFD Parties. Notwithstanding any contrary provision of this Article XI, ACFD shall be solely responsible for the repair of any damage to the Premises or the Building resulting from the negligence, willful action or fai lure to act by ACFD or ACFD Parties, and such repairs shall be undertaken at ACFD’s sole expense. ARTICLE XIII CONDEMNATION 13.1 Total Taking - Termination. If title to the Premises or so much thereof is taken through the exercise of any government power (by legal proceedings or otherwise) by any public or quasi-public authority or by any other party having the right of eminent domain, or by a voluntary sale or transfer either under threat of exercise of eminent domain or while legal proceedings for eminent domain are pending so that reconstruction of the Premises will not result in the Premises being reasonably suitable for ACFD’s continued occupancy for the uses and purposes permitted by this Agreement, this Agreement shall terminate as of the date possession of the Premises or part thereof is so taken. 13.2 Partial Taking. If any part of the Premises is taken through the exercise of eminent domain (or is voluntarily conveyed under the threat thereof) this Agreement shall as to the part so taken terminate as of the date that possession of such part of the Premises is taken and the Rent shall be reduced in the same proportion that the floor area of the portion of the Premises taken (less any addition thereto by reason of any reconstruction) bears to the original floor area of the Premises as reasonably determined by City or City’s architect. City shall, at its own cost and expense, make all necessary repairs or alterations to the Premises so as to make the portion of the Premises not taken a complete unit. If City is unable to make Premises reasonably suitable for ACFD’s continued occupancy in ACFD’s sole but reasonable business judgment for the uses and purposes permitted by this Agreement, ACFD may terminate this Lease. 13.3 No Apportionment of Award. All condemnation awards and similar payments shall be paid and belong to City, except for any amounts awarded or paid specifically to ACFD for improvements in the Premises, removal and reinstallation of ACFD's trade fixtures and personal property, ACFD's moving costs and ACFD's goodwill. It is expressly understood and agreed by ACFD that except as otherwise stated in this Section, City shall be entitled to the entire award for any partial or total taking of the Property. 13.4 Temporary Taking. No temporary taking of the Premises (which shall mean a taking of all or any part of the Premises for 60 days or less) shall terminate this Lease. ARTICLE XIV 4.2.b Packet Pg. 55 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 23 OFFICE FACILITY USE AGREEMENT SUBORDINATION AND ESTOPPEL 14.1 Estoppel Certificate. From time to time and within thirty (30) days after request by City, ACFD shall execute and deliver a certificate to any proposed lender or purchaser, or to City, certifying, with any appropriate exceptions, (a) that this Lease is in full force and effect without modification except as noted, (b) the amount, if any, of prepaid rent and deposits paid by ACFD to City (and not returned to ACFD), (c) the nature and kind of concessions, rental or otherwise, if any, which ACFD has received or is entitled to receive, (d) that City has performed all of its obligations due to be performed under this Lease and that there are no defenses, counterclaims, deductions or offsets outstanding or other excuses for ACFD's performance under this Lease as of such date, and (e) any other fact reasonably requested by City or such proposed lender or purchaser. 14.2 Subordination and Attornment. ACFD agrees that this Lease is subject and subordinate to (i) the lien of any mortgage, deed of trust or other encumbrance of the Building or the Real Property, (ii) all present and future ground or underlying leases of the Building or Real Property now or hereafter in force against the Building or Real Property, and (iii) all renewals, extensions, modifications, consolidations, and replacements of the items described in clauses (i) and (ii). 14.3 Subordination Agreement. The subordination described in this Article XIII is self- operative, and no further instrument of subordination shall be required to make it effective. To confirm this subordination, however, ACFD shall, within thirty (30) days, after City’s request (unless the Alameda County Board of Directors is on recess, and then at the first meeting thereafter), execute any further instruments or assurances in recordable form that City reasonably considers necessary to evidence or confirm the subordination of this Lease to any such encumbrances or underlying leases. ARTICLE XV SURRENDER OF PREMISES; HOLDING OVER 15.1 Surrender of Premises. On expiration of this Lease, ACFD shall surrender the Premises in the same condition as when the Term commenced, ordinary wear and tear excepted. Except for furniture, equipment and trade fixtures (other than those which are affixed to the Premises so that they cannot be removed without material damage to the Premises) all alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Premises, either by City or ACFD, shall be City's property and at the expiration or earlier termination of the Lease shall remain on the Premises without compensation to ACFD; provided that, upon reasonable written request of City, ACFD shall, at its expense and without delay, remove any alterations, additions or improvements (including, without limitation, all telecommunications equipment and cabling, and all alterations and improvements made by ACFD after the Commencement Date) made to the Premises by ACFD and designated by City to be removed, and shall repair any damage to the Premises or the Building caused by such removal. If ACFD fails to complete such removal or to repair the Premises, City may complete such removal and repair, and ACFD shall reimburse City therefor. If ACFD fails to remove such property as required under 4.2.b Packet Pg. 56 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 24 OFFICE FACILITY USE AGREEMENT this Lease, City may dispose of such property in its sole discretion without any liability to ACFD, and further may charge the cost of any such disposition to ACFD. 15.2 Hold Over Occupancy. If ACFD remains in possession of the Premises after the expiration or earlier termination of this Lease with City’s written consent, ACFD shall be deemed, at City's option, to occupy the Premises on a month-to-month basis. During such occupancy (and prior to any termination by City), ACFD agrees to pay City, monthly in advance, an amount equal to the greater of (i) the then fair market rental (as reasonably determined by City) for the Premises, or (ii) 103% of Base Rent which would become due the last month of the Term, together with all other amounts payable by ACFD to City under this Lease. If after written notice to ACFD that City does not consent to ACFD continuing to occupy the Premises and ACFD remains in possession of the Premises after the expiration or earlier termination of this Lease, ACFD’s continued possession shall be on the basis of a tenancy at sufferance and ACFD shall pay Rent during the holdover period in an amount equal to the greater of (i) one hundred fifty percent (150%) of the then fair market rental (as reasonably determined by City) for the Premises, or (ii) two hundred percent (200%) of all Base Rent which would become due the last month of the Term, together with all other amounts payable by ACFD to City. ARTICLE XVII CITY'S RESERVED RIGHTS. 16.1 Rights Reserved to City. Without notice and without liability to ACFD, and without effecting an eviction or disturbance of ACFD's use or possession, City shall have the right to (i) grant utility easements or other easements in, or subdivide or make other changes in the legal status of the Land, the Building or the Real Property as City shall deem appropriate in its sole discretion, provided such changes do not substantially interfere with ACFD's use of the Premises for the Permitted Use; (ii) enter the Premises at reasonable times and with reasonable advance notice (and at any time in the event of an emergency), to inspect (including inspections by prospective lenders for or buyers of the Real Property), or repair the Premises or the Building and to perform any acts related to the safety, protection, reletting, sale or improvement of the Premises or the Building; (iii) add to or take away from the Real Property any building or portion thereof, in which event (if applicable to this Lease) the square footage of the Building and ACFD's Share shall be adjusted accordingly; (iv) install and maintain signs on and in the Building and the Real Property; and (v) make such rules and regulations as, in the reasonable judgment of City, may be needed from time to time for the safety of the Building occupants, the care and cleanliness of the Premises, the Building and the Real Property and the preservation of good order therein. City shall at all times retain a key with which to unlock all of the doors in the Premises, except ACFD’s vaults and safes. If an emergency necessitates immediate access to the Premises, City may use whatever force is necessary to enter the Premises and any such entry to the Premises shall not constitute a forcible or unlawful entry into the Premises, a detainer of the Premises or an eviction of ACFD from the Premises or any portion thereof. If such entrance is necessary, City shall first contact ACFD Chief or designee, who shall be available 24 hours a day all days of the year. 4.2.b Packet Pg. 57 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 25 OFFICE FACILITY USE AGREEMENT ARTICLE XVII DEFAULT AND REMEDIES 17.1 ACFD's Default. It shall be an “Event of Default” hereunder if ACFD shall: (a) fail to pay when due any monthly installment of Rent (or, if applicable under this Lease, ACFD’s Share of Operating Expenses), or fail to pay any other amount owed by ACFD to City under this Lease as and when due and such failure continues for thirty (30) days following written notice thereof to ACFD by City; (b) fail to provide any certificate, instrument or assurance as required pursuant to Article X if the failure continues for fifteen (15) days after written notice of the failure from City to ACFD; (c) make a general assignment for the benefit of its creditors or file a petition for bankruptcy or other reorganization, liquidation, dissolution or similar relief; (d) have a proceeding filed against ACFD seeking any relief mentioned in (c) above which is not discharged within sixty (60) days thereafter; (e) have a trustee, receiver or liquidator appointed for ACFD or a substantial part of its property; (f) abandon or vacate the Premises for more than three (3) consecutive months without prior approval of City; (g) assign this Lease or allow use of any portion of the Premises in violation of Article XI; or (h) fail to comply with any other provision of this Lease in the manner required hereunder and such failure continues for thirty (30) days after written notice thereof to ACFD by City (or if the noncompliance cannot by its nature be cured within the 30-day period, if ACFD fails to commence to cure such noncompliance within the 30-day period and thereafter diligently prosecute such cure to completion). 17.2 Remedies on Default. Upon the occurrence of an Event of Default, City shall have the right to pursue any one or more of the following remedies in addition to any other remedies now or later available to City at law or in equity. These remedies are not exclusive but instead are cumulative. (a) Continue Agreement. City may continue this Lease in full force and effect. In such case, so long as City does not terminate ACFD's right to possession, the Lease will continue in effect and City shall have the right to collect Rent when due, and may undertake efforts to relet the Premises, or any part of them, to third parties for ACFD's account. 4.2.b Packet Pg. 58 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 26 OFFICE FACILITY USE AGREEMENT Reletting can be for a period shorter or longer than the remaining term of this Lease. ACFD shall pay to City the Rent due under this Lease on the date the Rent is due, less the Rent City receives from any reletting. No act by City allowed by this Section shall terminate this Lease unless City terminates ACFD’s right to possession. After an Event of Default and for as long as City does not terminate ACFD's right to possession of the Premises, if ACFD obtains City's consent, ACFD shall have the right to assign or sublet its interest in this Lease, but ACFD shall not be released from liability. (b) Terminate Agreement. City may terminate the Lease and ACFD's right to possession of the Premises at any time following an Event of Default. Acts of maintenance, efforts to relet the Premises or the appointment of a receiver on City's initiative to protect City's interest under this Lease shall not constitute a termination of ACFD's right to possession. On termination, City shall have the right to recover from ACFD all of the following: (i) The worth at the time of the award, of any unpaid Rent that had been earned at the time of termination of this Lease; (ii) The worth, at the time of the award, of the amount by which the unpaid Rent that would have been earned after the date of termination of this Lease until the time of the award exceeds the amount of the unpaid Rent that ACFD proves could have been reasonably avoided; (iii) The worth at the time of the award of the amount by which the unpaid Rent for the balance of the Term after the time of the award exceeds the amount of unpaid Rent that ACFD proves could have been reasonably avoided; (iv) Any other amount necessary to compensate City for all detriment proximately caused by ACFD's failure to perform obligations under this Lease, including, without limitation, brokerage commissions, advertising expenses, expenses of remodeling the Premises for a new tenant, and any special concessions made to obtain a new tenant; and (v) Any other amounts, in addition to or in lieu of those listed above that may be permitted by law. "The worth, at the time of the award” as used in clauses (i) and (ii) of this Paragraph (b) is to be computed by allowing interest at the maximum rate allowed by law at that time, or if there is no such maximum, at a rate of ten percent (10%) per annum. "The worth, at the time of the award," as referred to in clause (iii) of this Paragraph (b) is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%). 17.3 City’s Default. City’s failure to perform any of its obligations under this Lease shall constitute a City Event of Default hereunder if the failure continues for thirty (30) days after written notice of the failure from ACFD to City. If the required performance cannot be completed 4.2.b Packet Pg. 59 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 27 OFFICE FACILITY USE AGREEMENT within thirty (30) days, City’s failure to perform shall not constitute a City Event of Default if City undertakes to cure the failure within such thirty- (30) day period and diligently and continuously attempts to complete the cure as soon as reasonably possible. ARTICLE XVIII MISCELLANEOUS 18.1 Parking. City hereby grants to ACFD a nonexclusive license and right, in common with City and all persons conducting business in the Building and their respective customers, guests, licensees, invitees, employees and agents, to use the parking area located on the Real Property for vehicular parking, such nonexclusive right to be appurtenant to ACFD’s interest created by this Lease. The nonexclusive license and right granted pursuant to this Section shall be subject to the Rules and Regulations. ACFD may park vehicles overnight. ACFD shall not permit or allow any vehicles that belong to or are controlled by ACFD or ACFD’s employees, suppliers, shippers, customers or invitees to be loaded, unloaded, or parked in areas other than those designated by City for such activities. ACFD and City will make arrangements for designating parking required for ACFD use in connection with its use of the Premises pursuant to this Lease. 18.2 ADA Compliance. City shall maintain the Common Areas and Shared Space at all times in conformity with the Americans with Disabilities Act (ADA) – Building Access, and all later enacted amendments thereof, and shall be responsible for all repairs, alterations and/or maintenance of the Common Areas and Shared Space under said laws. The Premises as delivered shall be in conformity with said laws. City shall indemnify, defend and hold harmless ACFD, its officers, agents and employees from all claims, liability, damages, or penalties (including costs of investigation and attorneys’ fees) arising out of City’s failure, or alleged failure, to meet its obligations as described herein this Paragraph. 17.3 Non-appropriation. This Agreement will terminate without penalty, liability or expense of any kind to ACFD at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Lease will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. ACFD has no obligation to make appropriations for this Lease in lieu of appropriations for new or other agreements. ACFD budget decisions are subject to the discretion of the Board of Directors. City’s assumption of risk of possible non-appropriation is part of the consideration for this Lease. Nothwishtanding the foregoing, ACFD agrees to provide no less than forty-five (45) days notice to City of the Board of Director’s decision not to appropriate funds. 18.3 City Ownership. City warrants and represents to ACFD that, to City’s actual knowledge, there is no recorded and/or nonrecorded matter of any kind whatsoever affecting the Real Property that restricts or impedes, and/or is in conflict with, the use or occupancy of the Premises and Shared Space, and/or the rights, liabilities, and obligations of the parties to this Lease. 4.2.b Packet Pg. 60 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 28 OFFICE FACILITY USE AGREEMENT 18.4 Nondisturbance. If any encumbrance to which this Lease is subordinate is foreclosed, or a deed in lieu of foreclosure is given to the encumbrancer thereunder, this Lease shall not terminate and the rights and possession of ACFD under this Lease shall not be disturbed if no default by ACFD then exists under this Lease. ARTICLE XIX GENERAL 19.1 No Waiver. No receipt and retention by City of any payment tendered by ACFD in connection with this Lease shall constitute an accord and satisfaction, or a compromise or other settlement, notwithstanding any accompanying statement, instruction or other assertion to the contrary unless City expressly agrees to an accord and satisfaction, or a compromise or oth er settlement, in a separate writing duly executed by City. City will be entitled to treat any such payments as being received on account of any item or items of Rent, interest, expense or damage due in connection herewith, in such amounts and in such order as City may determine at its sole option. Failure of any party to exercise any right in one or more instance shall not be construed as a waiver of the right to strict performance or as an amendment to or modification of this Lease. Any waiver of any condition or provision set forth in this Lease shall not be deemed a waiver of any subsequent breach of such condition or provision or of any other condition or provision, nor shall any such waiver be deemed a continuing waiver. 19.2 Severability. The Parties intend this Lease to be legally valid and enforceable in accordance with all of its terms to the fullest extent permitted by law. If an arbitrator or a court of competent jurisdiction holds any provision hereof to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected unless an essential purpose of this Lease would be defeated by loss of the invalid or unenforceable provision. 19.3 Governing Law; Construction. This Lease shall be construed according to the laws of the State of California without regard to principles of conflict of laws. The parties acknowledge that this Lease is the product of negotiation and compromise on the part of both parties, and agree that the provisions hereof shall be construed in accordance with their fair meaning and not in accordance with any rule providing for interpretation against the party who causes the uncertainty to exist or against the drafter. The captions used for the Sections and Articles of this Lease have been inserted for convenience only and shall not be used to alter or interpret the content of this Lease. 19.4 Binding Effect; Survival. The covenants, conditions, warranties and agreements contained in this Lease shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. The representations and warranties of City and ACFD and the indemnification obligations of City and ACFD set forth herein shall survive the expiration or termination of this Lease as shall all other provisions hereof which are intended to survive such expiration or termination. 4.2.b Packet Pg. 61 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 29 OFFICE FACILITY USE AGREEMENT 19.5 Time. Time is of the essence of each provision of this Lease. 19.6 Entire Agreement; Amendments. This Lease and Exhibits A, B and C are attached hereto and incorporated herein by this reference, constitutes the final, complete, and exclusive statement of the terms of the agreement between City and ACFD pertaining to ACFD’s use and occupancy of space in the Building and supersedes all prior and contemporaneous understandings or agreements of the Parties with respect thereto. This Lease may not be amended or modified except in a writing signed by both parties. 19.7 Notices. All notices delivered pursuant to this Lease shall be in writing and delivered to City or ACFD at the applicable address designated in Section 1.1 or to such other address as may hereafter be designated by either party by written notice delivered to the other party in accordance with this Section. Such notices shall be effective on the earlier to occur of actual receipt or: (i) if mailed, three (3) days after posting at a United States post office, (ii) upon receipt if mailed by certified mail with return receipt requested, and (iii) upon delivery if delivered by overnight delivery service and delivery is confirmed by the delivery service. 19.8 Force Majeure. Except as otherwise provided in this Lease, the time for performance of an obligation other than the payment of money under this Lease shall be extended for the period during which a party is prevented from performing due to Unavoidable Delay. “Unavoidable delay” shall mean any and all delay beyond the applicable party’s reasonable control, including without limitation, delays caused by the other party; governmental restrictions, regulations, controls, preemptions or delays; orders of civil, military or naval authorities; strikes, labor disputes, lock-outs, shortages of labor or materials or reasonable substitutes therefore; Acts of God; fire, earthquake, floods, explosions or other casualties; extreme weather conditions or other actions of the elements; enemy action, civil commotion, riot or insurrection. 19.9 Attorneys’ Fees: Prejudgment Interest. If the services of an attorney are required by any party to secure the performance hereof or otherwise upon the breach or default of the other party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Lease, or if the services of an attorney are required upon the bankruptcy of a party to this Lease to compel or object to assumption or rejection of this Lease, seek relief from the automatic stay or object to an action to recover a preference or fraudulent transfer, the prevailing party shall be entitled to reasonable attorneys' fees, costs, expert witnesses fees, post judgment collection costs, and other expenses, in addition to any other relief to which such party may be entitled. 19.10 Authority. Each party warrants and represents that it has full authority to enter into this Lease, that this Lease constitutes a binding obligation of such party, and that the individual(s) signing on behalf of such party are duly authorized to bind such party hereto. 19.11 Approvals. Whenever the consent or approval of City is required hereunder, such consent or approval may be granted or withheld by the City Manager or his or her designee, unless the City Manager determines in his or her discretion that such matter shall be referred to City’s governing body for consideration. 4.2.b Packet Pg. 62 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 30 OFFICE FACILITY USE AGREEMENT 19.12 Counterparts. This Lease may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by any other party. This Lease shall take effect when signed by all parties hereto and all parties have written notice of the signature of all the remaining parties. 19.13 Brokers. ACFD and City each represent and warrant to the other that except as stated in this Section, no broker or agent is entitled to a broker’s commission or finder’s fee in connection with the execution of this Lease or the consummation of the transaction contemplated hereby, and each party agrees to defend and indemnify the other party against any loss, expense or liability incurred by the other party as a result of a breach of such representation and warranty. The provisions of this Section shall survive the expiration or earlier termination of the Lease. City shall pay a consulting fee to Colliers International in accordance with a separate agreement. 19.14 Submission of Agreement. Submission of this document for examination or signature by the Parties does not constitute an option or offer to allow ACFD to use or occupy the Premises on the terms in this document or a reservation of the Premises in favor of ACFD. This Lease is not effective until executed and delivered by both City and ACFD. 19.15 Non-Agency. It is not the intention of City or ACFD to create hereby a relationship of principal and agent, and under no circumstances shall ACFD be considered the agent of City, nor City the agent of ACFD. SIGNATURES ON FOLLOWING PAGE. 4.2.b Packet Pg. 63 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 31 OFFICE FACILITY USE AGREEMENT NOW THEREFORE, City and ACFD have executed this Amended and Restated Office Facility Use Agreement as of the date first written above. ACFD ALAMEDA COUNTY FIRE DEPARTMENT, a dependent special district CITY CITY OF DUBLIN, a municipal corporation By: _______________________________ Print Name:________________________ Title:_____________________________ APPROVED AS TO FORM: DONNA R. ZIEGLER, COUNTY COUNSEL By: _______________________________ Heather Littlejohn Deputy County Counsel By: _______________________________ Its: City Manager Attest:_____________________________ City Clerk Approved as to Form: ___________________________________ City Attorney 4.2.b Packet Pg. 64 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 32 OFFICE FACILITY USE AGREEMENT Exhibit A DIAGRAM OF PREMISES 4.2.b Packet Pg. 65 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 33 OFFICE FACILITY USE AGREEMENT Exhibit B General Building RULES AND REGULATIONS Except as otherwise provided in any provision of the Lease, the following Rules and Regulations shall apply: 1. Wherever the word “Occupant” or “Occupants” is used in this Exhibit, it is understood and agreed that such terms mean an individual or entity occupying any part of the Building pursuant to a lease, use agreement, or similar instrument, and shall also mean an Occupant’s associates, employees, agents and any other person entering the Building or Premises under the express or implied invitation of Occupants. Occupants shall cooperate with City to assure compliance by all such parties with rules and regulations 2. The sidewalks, entrances, halls, corridors, elevators and stairways of the Building and Real Property shall not be obstructed or used as a waiting or lounging place by Occupants, or their agents, employees, invitees, licensees or visitors. All entrance doors leading from any Premises to the hallways are to be kept closed at all times. 3. City reserves the right to refuse admittance to the Building between the hours of 6:00 p.m. and 8:00 a.m. Monday through Friday and on Saturday, Sunday and holidays to any person not producing both a key to the Premises and/or a pass issued by City. In case of invasion, riot, or other commotion, City also reserves the right to prevent access to the Building during the continuance of same. 4. City will furnish each Occupant with two keys to each door lock on the Premises, and City may make a reasonable charge for any additional keys and access cards requested by any Occupant. No Occupant shall have any keys made for the Premises; nor shall any Occupant alter any lock, or install new or additional locks or bolts on any door without the prior written approval of City. In the event of such alteration or installation approved by City, the Occupant making such alteration shall supply City with a key for any such lock or bolt. Each Occupant, upon the expiration or termination of its tenancy, shall deliver to City all keys and access cards in any such Occupant’s possession for all locks and bolts in the Building. 5. No Occupant shall cause any unnecessary labor by reason of such Occupant’s carelessness or indifference in the preservation of good order and cleanliness of the Premises. Occupants will use reasonable efforts to see that (i) the windows are closed, (ii) the doors are securely locked, and (iii) all water faucets and other utilities are shut off (so as to prevent waste or damage) each day before leaving the Premises. In the event Occupants must dispose of crates, boxes, etc., which will not fit into office waste paper baskets, it will be the responsibility of Occupants to dispose of same. In no event shall Occupants set such items in public hallways or other areas of the Building or the Real Property excepting the Premises, for disposal. 6. City reserves the right to reasonably prescribe the date, time, method and conditions that any personal property, equipment, trade fixtures, merchandise and other similar items shall be 4.2.b Packet Pg. 66 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 34 OFFICE FACILITY USE AGREEMENT delivered to or removed from the Building. No iron safe or other heavy or bulky object shall be delivered to or removed from the Building, except by experienced movers or riggers approved in writing by City. All damage done to the Building by the delivery or removal of such items, or by reason of their presence in the Building, shall be paid to City, immediately upon demand, by the Occupant by, through, or under whom such damage was done. There shall not be used in any space, or in the public halls of the Building, either by Occupants or by jobbers or others, in the delivery or receipt of merchandise, any hand trucks, except those equipped with rubber tires. 7. The walls, partitions, skylights, windows, doors and transoms that reflect or admit light into passageways or into any other part of the Building shall not be covered or obstructed by any of the Occupants. 8. The toilet rooms, toilets, urinals, wash bowls and water apparatus shall not be used for any purposes other than for those for which they were constructed or installed, and no sweepings, rubbish, chemicals, or other unsuitable substances shall be thrown or placed therein. The expense of any breakage, stoppage or damage resulting from violation(s) of this rule shall be borne by the Occupant by whom, or by whose agents, employees, invitees, licensees or visitors, such breakage, stoppage or damage shall have been caused. 9. No sign, name, placard, advertisement or notice visible from the exterior of the Premises, shall be inscribed, painted or affixed by the Occupants on any part of the Building or Real Property without the prior written approval of City, which approval may be withheld in City’s reasonable discretion. All signs or letterings on doors, or otherwise approved by City shall be inscribed, painted or affixed at the sole cost and expense of the Occupant, by a person approved by City. A directory containing the names of all Occupants in the Building shall be provided by City at an appropriate place on the first floor of the Building. 10. No signaling, telegraphic or telephonic instruments or devices, or other wires, instruments or devices, shall be installed in connection with any Premises without the prior written approval of City. Such installations, and the boring or cutting for wires, shall be made at the sole cost and expense of the Occupants and under control and direction of City. City retains, in all cases, the right to require (i) the installation and use of such electrical protecting devices that prevent the transmission of excessive currents of electricity into or through the Building, (ii) the changing of wires and of their installation and arrangement underground or otherwise as City may direct, and (iii) compliance on the part of all using or seeking access to such wires with such rules as City may establish relating thereto. All such wires used by Occupants must be clearly tagged at the distribution boards and junction boxes and elsewhere in the Building, with (i) the number of the Premises to which said wires lead, (ii) the purpose for which said wires are used, and (iii) the name of the company operating same. 11. Occupants, their agents and employees, shall not without the consent of City (a) go on the roof of the Building, (b) use any additional method of heating or air conditioning in the Premises, (c) sweep or throw any dirt or other substance from the Premises into any of the halls, corridors, elevators, or stairways of the Building, (d) bring in or keep in or about the Premises any vehicles or animals of any kind (except guide dogs for the disabled), (e) install any radio or television antenna or any other device or item on the roof, exterior walls, windows or window sills 4.2.b Packet Pg. 67 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 35 OFFICE FACILITY USE AGREEMENT of the Building, except that Occupants shall have access to Building common television antennae, (f) place objects against glass partitions, doors or windows which would be unsightly from the interior common area or the exterior of the Building, (g) use any Premises: for lodging or sleeping or for any manufacturing, storage or sale of merchandise or property of any kind except for sale of food and beverages in conjunction with the Permitted Use; and (h) cause or permit unusual or objectionable odor to be produced or permeate from the Premises, including, without limitation, duplicating or printing equipment fumes. Occupant, its agents, and employees, invitees, licensees, or visitors shall not permit the operation of any musical or sound producing instruments or device which may be heard outside Premises, or which may emit electrical waves which will impair radio or television broadcast or reception from or into the Building. 12. Occupants shall not store or use in the Premises any (a) ether, naphtha, phosphorous, benzol, gasoline, benzene, petroleum, crude or refined earth or coal oils, kerosene or camphene, (b) any other flammable, combustible, explosive or illuminating fluid, gas or material of any kind, and (c) any other fluid, gas or material of any kind having an offensive odor, without the prior written consent of City. 13. No canvassing, soliciting, distribution of hand bills or other written material, or peddling shall be permitted in the Building or the Real Property, and Occupants shall reasonably cooperate with City in prevention and elimination of same. 14. Occupants shall give City prompt notice of all accidents to or defects in air conditioning equipment, plumbing, electrical facilities or any part of appurtenances of Premises. 15. If any Premises becomes infested with vermin, the Occupant, at its sole cost and expense, shall cause its premises to be exterminated from time to time to the satisfaction of the City and shall employ such exterminators as shall be approved by City, except in the event such infestation is due to City’s negligence or willful misconduct. 16. No curtains, blinds, shades, screens, awnings or other coverings or projections of any nature shall be attached to or hung in, or used in connection with any door, window or wall of the premises of the Building without the prior written consent of the City. 17. City shall have the right to prohibit any advertising by Occupants which, in City’s opinion, tends to impair the reputation of City or of the Building, or its desirability as an office building for existing or prospective Occupants who require the highest standards of integrity and respectability, and upon written notice from City, Occupants shall refrain from or discontinue such advertising. 18. City reserves the right to make reasonable amendments, modifications and additions to the rules and regulations heretofore set forth, and to make additional reasonable rules and regulations, as in City’s reasonable judgment may from time to time be needed for the safety, care, cleanliness and preservation of good order of the Building; provided that the same shall be non-discriminatory and applied consistently to all Occupants in the Building. 4.2.b Packet Pg. 68 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 36 OFFICE FACILITY USE AGREEMENT 19. Occupants shall not do anything in the Premises, or bring or keep anything therein, which will in any way increase or tend to increase the risk of Occupants or rate of insurance, or which shall conflict with the regulations of the Fire Department or the fire safety code or with any insurance policy on the Building or any part thereof, or with any rules or ordinances established by any governmental authority with jurisdiction over the Building. 20. Occupant requests shall be delivered to the property manager designated by City. 21. City shall have the right, exercisable without notice and without liability to Occupants, to change the name and the street address of the Building. City will pay for all reasonable costs incurred by Occupants as a result of changing the street address of the Building unless the change is requested by an authorized governmental agency. 22. No Occupant shall obtain for use upon the Premises ice, drinking water, towel or other similar service or accept barbering or bootblacking services on the Premises, except from persons authorized by City and at the hours and under regulations fixed by City. Notwithstanding the foregoing, Occupants shall have the right to provide bottled water, coffee and similar service of its choice. 4.2.b Packet Pg. 69 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 37 OFFICE FACILITY USE AGREEMENT Exhibit C ACFD IMPROVEMENTS & ESTIMATED IMPROVEMENT COST 4.2.b Packet Pg. 70 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r 114.1001 3452550.1 38 OFFICE FACILITY USE AGREEMENT Exhibit C-1 ACFD IMPROVEMENT PLANS 4.2.b Packet Pg. 71 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d e d a n d R e s t a t e d O f f i c e F a c i l i t y U s e A g r e e m e n t w i t h t h e A l a m e d a C o u n t y F i r e D e p a r t m e n t f o r Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Amendment to the Agreement with Kittelson & Associates Prepared by: Sai Midididdi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY: The City Council will consider amending the Kittelson & Associates agreement for on- call engineering services to increase the not-to-exceed compensation amount. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Agreement with Kittelson & Associates. FINANCIAL IMPACT: The proposed amendment to the consulting services agreement with Kittelson & Associates will increase the not-to-exceed amount from $500,000 to $1,000,000, which is an increase of $500,000 over the remaining term of the contract. The term of the agreement is July 1, 2018 to June 30, 2021. The additional costs will be funded via monies deposited in developer deposit accounts or as budget is available in various Capital Improvement Program projects, including the Citywide Bicycle and Pedestrian Improvements (ST0517) and Citywide Signal Communication Upgrade (ST0713); therefore, no budget change is necessary. DESCRIPTION: On June 19, 2018, the City Council adopted Resolution 64-18 (Attachment 3) approving a consulting services agreement with Kittelson & Associates for on-call engineering services. Subsequently, Kittelson & Associates have been tasked to complete various engineering services including an update to the Bicycle and Pedestrian Master Plan. Additionally, Kittelson & Associates will assist Staff in developing an update to the citywide travel demand model and developing an analysis methodology to meet the California Environmental Quality Act (CEQA) requirements that resulted from the passing of Senate Bill 743 (SB 743). CEQA Guidelines were changed to implement SB 743 and now require the use of Vehicle Miles Traveled (VMT) per capita, VMT per employee, and net VMT as new metrics for transportation analysis. July 1, 2020 is the statewide implementation date for the VMT requirements. 4.3 Packet Pg. 72 Page 2 of 2 To facilitate the execution of the task orders issued against the original agreement, Staff recommends increasing the total not-to-exceed compensation amount from $500,000 to $1,000,000. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving an Amendment to the Agreement with Kittelson & Associates 2. Exhibit A to the Resolution 3. Resolution 64 -18 On-Call Consulting Services Agreements for Engineering Services 4. Original Agreement - Kittelson & Associates 4.3 Packet Pg. 73 RESOLUTION NO. _____ - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING AN AMENDMENT TO THE AGREEMENT WITH KITTELSON & ASSOCIATES. WHEREAS, in previous year, Staff prepared and initiated a Request for Qualifications (RFQ) for on-call engineering services; and WHEREAS, Kittelson & Associates was selected as one of the most qualified firms to provide certain engineering services on an as-needed basis among other firms; and WHEREAS, on June 19, 2018, the City Council adopted Resolution 64-18 and entered into On- Call Consulting Services Agreement (AGREEMENT) with Kittelson & Associates (CONSULTANT); and WHEREAS, the current not-to-exceed amount of $500,000 in the AGREEMENT needs to be increased to allow for the completion of work as requested by Task Order, issued against this Agreement; and WHEREAS, the City and CONSULTANT now desire to increase the not-to-exceed amount to $1,000,000; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to the AGREEMENT with CONSULTANT attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to execute the First Amendment to the AGREEMENT with CONSULTANT. PASSED, APPROVED AND ADOPTED this 14th day of January 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: __________________________________ City Clerk 4.3.a Packet Pg. 74 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a n A m e n d m e n t t o t h e A g r e e m e n t w i t h K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s EXHIBIT A AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND KITTELSON & ASSOCIATES FOR ON-CALL ENGINEERING SERVICES WHEREAS, on June 19, 2018, the CITY of Dublin (hereinafter referred to as "CITY") and Kittelson & Associates (hereinafter referred to as "CONSULTANT") entered into an On-Call Consulting Services Agreement for Engineering Services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT has a not to exceed amount of $500,000; and WHEREAS, the CITY and CONSULTANT now wish to amend the agreement to modify sections 2.0, 7.5, and 9.11 of the Agreement; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2 shall be rescinded in its entirety and replaced with the following: COMPENSATION. CITY hereby agrees to pay CONSULTANT a sum not to exceed (ONE MILLION DOLLARS) $1,000,000, notwithstanding any contrary indications that may be contained in CONSULTANT’s proposal, for services to be performed under this Agreement. In the event of a conflict between this Agreement and CONSULTANT’S proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. CITY shall pay CONSULTANT for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from the CITY to CONSULTANT for services rendered pursuant to this agreement. CONSULTANT shall submit all invoices to the CITY in the manner specified herein. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. CONSULTANT and CITY acknowledge and agree that compensation paid by CITY to CONSULTANT under this Agreement is based upon CONSULTANT’s costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of CONSULTANT. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which CONSULTANT and its employees, agents, and subcontractors may be eligible. CITY therefore has no responsibility for such contributions beyond compensation required under this Agreement 2) Section 7.5 shall be rescinded in its entirety and replaced with the following: 4.3.b Packet Pg. 75 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) Nondiscrimination and Equal Opportunity. CONSULTANT shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by CONSULTANT under this Agreement. CONSULTANT shall include the provisions of this Subsection in any subcontract approved by the CONSULTANT Administrator or this Agreement. 3) Section 9.11 Integration shall be rescinded in its entirety and replaced with the following: 9.11 Integration. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, or Not to Exceed agreements, either written or oral. 4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of CONSULTANT each represent and warrant that they have the legal power, right and actual authority to bind CONSULTANT to the terms and conditions of this Amendment. SIGNATURES ON FOLLOWING PAGE 4.3.b Packet Pg. 76 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: __________________________ Linda Smith, City Manager ATTEST: By: Caroline Soto, City Clerk NAME OF CONSULTANT Dated: By: _____________________________ Lawrence Lewis, Principal Planner 4.3.b Packet Pg. 77 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) RESOLUTION NO. 64— 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING ON-CALL CONSULTING SERVICES AGREEMENTS FOR ENGINEERING SERVICES WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for On-Call Engineering Services; and WHEREAS, Staff reviewed and selected the most qualified firms to provide services; and WHERAS, the City wishes to enter into agreements with Advanced Mobility Group, Bellecci & Associates, CHS, CSG, Fehr & Peers, Guida, Harris & Associates, Interwest, Iteris, Kier & Wright, Kimley-Horn, Kittelson, Novani, GHD, Pakpour Consulting Group, SNG, Wood Rodgers, and Zumwalt for a term beginning July 1, 2018 through June 30, 2021; and WHEREAS, the City also wishes to approve entering into contracts at a later date, for any of the following approved firms which were also reviewed as part of the solicitation process and who were deemed qualified: DKS, Hexagon Transportation Consultants, Inc., Mark Thomas, Michael Baker, Parisi, Psomas, TJKM, and WMH. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the On-Call Consulting Services Agreements with Advanced Mobility Group, Bellecci Associates, CHS, CSG, Fehr & Peers, Guida, Harris & Associates, Interwest, Iteris, Kier & Wright, Kimley-Horn, Kittelson, Novani, GHD, Pakpour Consulting Group, SNG, Wood Rodgers, and Zumwalt as attached hereto as Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F, Exhibit G, Exhibit H, Exhibit I, Exhibit J, Exhibit K, Exhibit L, Exhibit M, Exhibit N, Exhibit 0, Exhibit P, Exhibit Q, and Exhibit R to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreements, attached hereto, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of June 2018, by the following vote: AYES: Councilmembers Goel, Gupta, Hernandez, Thalblum and Mayor Haubert NOES: ABSENT: ABSTAIN: JI ATTEST: M.yor City Clerk Reso No. 64-18, Adopted 6/19/2018, Item No. 4.2 Page 1 of 1 4.3.c Packet Pg. 78 At t a c h m e n t : 3 . R e s o l u t i o n 6 4 - 1 8 O n - C a l l C o n s u l t i n g S e r v i c e s A g r e e m e n t s f o r E n g i n e e r i n g S e r v i c e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s wo 9% 8 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND KITTELSON & ASSOCIATES, INC. FOR ON -CALL ENGINEERING SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and Kittelson & Associates, Inc. ( "Consultant ") (together sometimes referred to as the "Parties ") as of July 1, 2018 (the "Effective Date "). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified by the respective executed Task Orders. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 1.2 Task Order. Prior to execution of a Task Order, the City shall request a Task Order Scope Proposal from the Consultant. Consultant shall provide the City with a Task Order Scope Proposal, and if satisfactory, the City and Consultant shall execute a Task Order. Upon an executed Task Order, Consultant shall perform the services listed in the Task Order and in a manner consistent with this Agreement. 1.3 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.4 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 1 of 15 4.3.d Packet Pg. 79 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 1.5 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.3 above and to satisfy Consultant's obligations hereunder. 1.6 Public Works Requirements. Because the services described in Exhibit A may constitute public works within the definition of Section 1720(a)(1) of the California Labor Code, the Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit E. 1.7 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. This Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed and executed as needed and provided for in this Agreement. The Consultant shall be paid by the City only for completed services rendered under each approved individual Task Order. Such payment shall be full compensation for payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work stated in the Task Order. Notwithstanding the foregoing, Consultant shall not receive total compensation under this Agreement in an amount exceeding Five Hundred Thousand Dollars ($500,000). In the event of a conflict between this Agreement and Consultant's proposal, regarding the amount of compensation, the Agreement shall prevail. The payments for completed work under an executed Task Order shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill.more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his /her designee. Invoices shall contain the following information: Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 2 of 15 4.3.d Packet Pg. 80 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; A copy of the applicable time entries or time sheets shall be submitted showing the following: Daily logs of total hours worked by each individual performing work under this Agreement Hours must be logged in increments of tenths of an hour or quarter hour If this Agreement covers multiple projects, all hours must also be logged by project assignment A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; The Consultant's signature; Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12 -month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 3 of 15 4.3.d Packet Pg. 81 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 4 of 15 4.3.d Packet Pg. 82 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self- insurance program to meet these requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 5 of 15 4.3.d Packet Pg. 83 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. C. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; C. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 6 of 15 4.3.d Packet Pg. 84 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self- insured retention shall not exceed $150,000 per claim. 4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. 4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.4 All Policies Requirements. 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 7 of 15 4.3.d Packet Pg. 85 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 4.4.3 Deductibles and Self- Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. With the exception of the Professional Liability Insurance under Section 4.3, no policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and /or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 8 of 15 4.3.d Packet Pg. 86 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 9 of 15 4.3.d Packet Pg. 87 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 10 of 15 4.3.d Packet Pg. 88 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 11 of 15 4.3.d Packet Pg. 89 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 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 Severabili . If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 12 of 15 4.3.d Packet Pg. 90 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City's sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant's economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. As part of the Request for Qualifications process associated with this Agreement, Consultant was required to provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of Consultants clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and /or the County of Alameda, and a brief description of work for these clients. A copy of the list is attached hereto as Exhibit D and incorporated by this reference. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City's Contracts Manager, in the City Manager's Office ( "Contract Administrator "). All correspondence shall be directed to or through the Contract Administrator, or their designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Kittelson & Associates Lawrence Lewis, Principal Planner 155 Grand Avenue, Suite 900 Oakland, CA 94612 Any written notice to City shall be sent to: City of Dublin Attn: Gary Huisingh, Public Works Director 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B. C, D & E represents the entire and integrated Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 13 of 15 4.3.d Packet Pg. 91 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification Exhibit D Conflict of Interest List Exhibit E California Labor Code Section 1720 Information 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant's signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE] Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 14 of 15 4.3.d Packet Pg. 92 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 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 Attest: V , t). 2 Caroline Soto, City Clerk Approved as to Form: Ci ttorney KITTELSON & ASSOCIATES, INC. atdIAAa- Lawre Lewis, Principal Planner Consultant's DIR Registration Number if applicable) Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Page 15 of 15 4.3.d Packet Pg. 93 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) EXHIBIT A SCOPE OF SERVICES Consultant shall provide professional engineering services to City under issued Task Order(s) with approved Scope of Work, signed by an authorized individual and printed on letterhead. Task Orders shall be issued for work to include, but not limited to, the following tasks: Transportation Planning /Engineering Provide staff augmentation services Provide traffic signal design, timing, and coordination services. Develop Complete Street Policy design elements and implementation plans. Develop Transit Signal Priority design and implementation. Review and prepare traffic impact studies. Conduct travel demand modeling and review Countywide Transportation Model; coordinate with County's consultant and provide traffic /transportation data as required. Conduct corridor and intersection analysis, including operations, safety, and level of service. Prepare traffic warrant studies. Review /prepare construction detour plans. Conduct traffic counts — include daily counts, vehicle classification counts, and turning movement counts for all modes, parking surveys, origin- destination surveys, GPS data collection, and assessment of existing conditions. Conduct parking studies. Prepare and review signing, marking, and striping plans. Prepare roadway, intersection, and roundabout design. Prepare and design for new or existing signalized intersections slated for modification (include considerations for transit, pedestrian and bicycle movements and focus on alternatives that reduce current intersection inefficiencies). Conduct traffic operations analyses and familiarity with Synchro software based HCM Methodology. Develop and prepare grant applications. Provide updates to the Citywide Travel Demand Model. Review Transportation section of an EIR. Perform Multimodal Transportation planning and design, which may include: Street circulation planning and design. Bicycle facility planning and design. Pedestrian facility planning and design. Transit planning, design and operations. Transportation systems management/transportation demand management strategies. Traffic calming assessment and design. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Exhibit A — Page 1 of 2 4.3.d Packet Pg. 94 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) Prepare cost estimates — planning and project level. Conduct public outreach — tasks may include developing materials for the public and content for the City's web site. Preparation of transportation project bid documents. Conduct feasibility studies for all modes of transportation. Implement Traffic Sign Retroreflectivity standards and provide traffic sign inventory data management. Implement transportation Asset Management and Customization. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Exhibit A — Page 2 of 2 4.3.d Packet Pg. 95 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Hourly Rates for FY 2018.2019 Principal /Senior Planner 225-$315 Associate Engineer /Planner 190-$220 Senior Engineer /Planner 160-$185 Engineer /Planner 140-$160 Transportation Analyst 125-$ 135 Associate Technician 150-$175 Senior Technician 140-$145 Technician II 125-$135 Technician 1 105-$120 Office Support 60-$ 90 Hourly rate includes all overhead costs, including reimbursables. All rates subject to increase as approved by the City Engineer, or their designee. Consultant must submit all rate increase requests by June 1St of each year. Rate increases shall not exceed Annual San Francisco - Oakland- Hayward Consumer Price Index for All Urban Consumers (CPI -U). Invoicing Requirements All invoices shall be sent to City electronically, to the following email address: PWaccounting adublin.ca.gov and shall be sent to the attention of Accounting Staff. Each attached invoice shall identify the assigned project manager, a contact for firm's accounting representative, as well as the City project manager requesting the completed work. Invoices shall be termed from the first of the month, through the end of the month, and shall be submitted within sixty days of completion of each month, with the exception of invoices for the months of May and June. May and June invoices, as well as all other outstanding invoices, shall be due by July 15th of that year. Invoicing shall follow the following procedures: CIP projects are to be billed individually, on separate invoices, referencing the project number as assigned by Project Manager. Development Review and related Inspections shall be billed in one invoice, with Finance Control Number (FCN) identification listed for work completed. FCN numbers will be provided to Consultant by City Staff at the time of assignment. Reports shall be included each month with invoices for the purpose of tracking hours, both by project and by individual employee. This report shall detail daily hours completed, by project and by employee, as well as monthly totals. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Exhibit B — Page 1 of 1 4.3.d Packet Pg. 96 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) EXHIBIT C INDEMNIFICATION A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant's work under this Agreement. B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault. C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City. D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant's services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault. Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Exhibit E — Page 1 of 5 4.3.d Packet Pg. 97 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) EXHIBIT D CONFLICT OF INTEREST LIST Consultant confirms the ability to meet the City of Dublin's Conflict of Interest requirements as specified in the City's RFQ. The following lists current clients. City of Albany City of Berkeley City of Dublin City of Hayward City of Oakland City of San Leandro County of Alameda Alameda County Transportation Commission Bay Area Rapid Transit District Port of Oakland i Lawrence Lewis, Prindp -a Planner Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Exhibit E — Page 2 of 5 4.3.d Packet Pg. 98 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) EXHIBIT E PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one - and - one -half times the basic rate of pay. C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. WAGES: A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Exhibit E — Page 3 of 5 4.3.d Packet Pg. 99 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: 1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records. 3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Exhibit E — Page 4 of 5 4.3.d Packet Pg. 100 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non - manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. 2947128.1 Consulting Services Agreement between City of Dublin and Last revised 06/01/2018 Kittelson & Associates, Inc. for On -Call Engineering Services Exhibit E — Page 5 of 5 4.3.d Packet Pg. 101 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) Client*- 763494 KITTEASC ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 6/08/2018 ( MMIDD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Kibble & Prentice PR CONTACT NAME: PHONE 206 441 -6300 FAX A/C No Ext :. A/C No 610 -362 -8528 601 Union Street, Suite 1000 Seattle, WA 98101 n DRESS: usi.CertRequest @usi.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Hartford Casualty Insurance Company 29424 1/01/2018 INSURED INSURER B : XL Specialty Insurance Company 37885 Kittelson & Associates, Inc. 851 SW 6th Avenue, Suite 600 Portland, OR 97204 INSURER C CLAIMS -MADE F OCCUR INSURER D INSURER E INSURER F: PREMISES EaEocccurrence 3OO OOO COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE ADDL IN SUBR WVO POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY X X 52UUNPT3504 1/01/2018 01/01/201 EEACHHOECCTURRENCE 1 000000 CLAIMS -MADE F OCCUR PREMISES EaEocccurrence 3OO OOO MED EXP (Any one person) 10,000 PERSONAL & ADV INJURY 1,000,000 L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 PR- POLICY a ECT F LOCr,OTHER: PRODUCTS- COMP /OPAGG 2,000,000 A AUTOMOBILE LIABILITY X X 52UUNPT3504 1/01/2018 01/01/201 EO aBB,",EEnD SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS X AUTOS ONLY X NON -OWNEDAUTOSONLY PROPERTY DAMAGE Per accident UMBRELLA LIAR EACH OCCURRENCEHOCCUR AGGREGATEEXCESSLIABCLAIMS -MADE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YINN OFFICER/MEMBER EXCLUDED? I NJ Mandatory In NH) N/A X 52WEAB7923 1/01/2018 01/01/201 X PER OTH- E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000Ifyes, describe under DESCRIPTION OF OPERATIONS below B Professional DPR9920670 1101/2018 01/01/2019 2,000,000 per claim Liability 4,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: KAI PN 22865 - Dublin Transportation Plan & Engineering On -Call 2018. The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder (City), its officers, officials, employees, and volunteers, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Dublinty SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 Civic Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Dublin, CA 94568 AUTHORIZED REPRESENTATIVE 1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD S23247857/M23122159 DDKZP 4.3.d Packet Pg. 102 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) DESCRIPTIONS (Continued from Page 1) Liability policies contain a special endorsement with Primary and Noncontributory wording, when required by written contract. The General Liability, Automobile Liability and Workers Compensation policies include a Waiver of Subrogation endorsement in favor of the Certificate Holder (City) as referenced above. SAGITTA 25.3 (2016/03) 2 of 2 S23247857/M23122159 4.3.d Packet Pg. 103 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) Policy No. 52UUNPT3504 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we ", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: 1) The amount we will pay for damages is limited as described in Section 111 — Limits Of Insurance; and 2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and property damage" only if: 1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory'; 2) The "bodily injury" or "property damage" occurs during the policy period; and 3) Prior to the policy period, no insured listed under Paragraph 1, of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: 1) Reports all, or any part, of the "bodily injury" or property damage" to us or any other insurer; 2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or property damage "; or 3) Becomes aware by any other means that bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice 1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an occurrence ", but only if: a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and b) You are not engaged in the business or occupation of providing such services. HG 00 0106 05 Page 1 of 18 O 2005 The Hartford Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 4.3.d Packet Pg. 104 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one occurrence ". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: 1) That the insured would have in the absence of the contract or agreement; or 2) Assumed in a contract or agreement that is an insured contract ", provided the "bodily injury" or property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract ", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage ", provided: a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract "; and b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury" or "property damage" for which any insured may be held liable by reason of 1) Causing or contributing to the intoxication of any person; 2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or 3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability Bodily injury" to: 1) An "employee" of the insured arising out of and in the course of: a) Employment by the insured; or b) Performing duties related to the conduct of the insured's business; or 2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: 1) Whether the insured may be liable as an employer or in any other capacity; and 2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract ". f. Pollution 1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants ": a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 2 of 18 HG 00 0106 05 4.3.d Packet Pg. 105 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire "; b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: i) Any insured; or ii) Any person or organization for whom you may be legally responsible; d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: 1) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire "; or e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants ". 2) Any loss, cost or expense arising out of any: a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants "; or b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to; or assessing the effects of, pollutants ". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading ". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence" which caused the "bodily injury" or property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: 1) A watercraft while ashore on premises you own or rent; 2) A watercraft you do not own that is: a) Less than 51 feet long; and b) Not being used to carry persons for a charge; 3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; HG 00 0106 05 Page 3 of 18 4.3.d Packet Pg. 106 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 4) Liability assumed under any "insured contract' working directly or indirectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; arises out of those operations; or 5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of mobile equipment "; or 6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage ", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment Bodily injury" or "property damage" arising out of: 1) The transportation of "mobile equipment" by an auto" owned or operated by or rented or loaned to any insured; or 2) The use of "mobile equipment' in, or. while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War Bodily injury" or "property damage ", however caused, arising, directly or indirectly, out of: 1) War, including undeclared or civil war; 2) Warlike action by a military force, including action in hindering or defending against an k actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or 3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage" to: 1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2) Premises you sell, give away or abandon, if the property damage" arises out of any part of those premises; 3) Property loaned to you; 4) Personal property in the care, custody or control of the insured; 5) That particular part of real property on which you or any contractors or subcontractors 6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to property damage" included in the "products - completed operations hazard ". Damage To Your Product Property damage" to "your product" arising out of it or any part of it. 1. Damage To Your Work Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard ". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured Property damage" to "impaired property" or property that has not been physically injured, arising out of: 1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work "; or 2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Page 4 of 18 HG 00 0106 05 4.3.d Packet Pg. 107 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: 1) "Your product"; 2) "Your work "; or 3) "Impaired property "; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment - Related Practices Bodily injury" to: 1) A person arising out of any "employment — related practices "; or 2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment - related practices" are directed. This exclusion applies: 1) Whether the insured may be liable as an employer or in any other capacity; and 2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos 1) 'Bodily injury" or "property damage" arising out of the "asbestos hazard ". 2) Any damages, judgments, settlements, loss, costs or expenses that: a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard"; b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard "; or c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard ". Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: 1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and 2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. HG 00 0106 05 Page 5 of 18 4.3.d Packet Pg. 108 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury" b. Material Published With Knowledge Of Faisity Personal and advertising injury" arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury" arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement ". g. Quality Or Performance Of Goods — Failure To Conform To Statements Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. I. Infringement Of Intellectual Property Rights Personal and advertising injury" arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement ", of: 1) Copyright; 2) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or 3) Title of any literary or artistic work. Insureds In Media And Internet Type Businesses Personal and advertising injury" committed by an insured whose business is: 1) Advertising, broadcasting, publishing or telecasting; 2) Designing or determining content of web sites for others; or 3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 17.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, placing an advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. 1. Unauthorized Use Of Another's Name Or Product Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants" at any time. n. Pollution- Related Any loss, cost or expense arising out of any: 1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants "; or 2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants ". Page 6 of 18 HG 00 0106 05 4.3.d Packet Pg. 109 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) o. War Personal and advertising injury", however caused, arising, directly or indirectly, out of: 1) War, including undeclared or civil war; 2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or 3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others Personal and advertising injury" arising out of: 1) An "advertisement" for others on your web site; 2) Placing a link to a web site of others on your web site; 3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or 4) Computer code, software or programming used to enable: a) Your web site; or b) The presentation or functionality of an advertisement" or other content on your web site. q. Right Of Privacy Created By Statute Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law Personal and advertising injury" arising out of a violation of any anti -trust law. s. Securities Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. It. Discrimination Or Humiliation Personal and advertising injury" arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. u. Employment - Related Practices Personal and advertising injury" to: 1) A person arising out of any "employment — related practices'; or 2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any employment- related practices" are directed. This exclusion applies: 1) Whether the insured may be liable as an employer or in any other capacity; and 2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos 1) "Personal and advertising injury" arising out of the "asbestos hazard ". 2) Any damages, judgments, settlements, loss, costs or expenses that: a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard"; b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard'; or c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard ". COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: 1) On premises you own or rent; 2) On ways next to premises you own or rent; or 3) Because of your operations; provided that: 1) The accident takes place in the "coverage territory" and during the policy period; 2) The expenses are incurred and reported to us within three years of the date of the accident; and 3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. HG 00 0106 05 Page 7 of 18 4.3.d Packet Pg. 110 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: 1) First aid administered at the time of an accident; 2) Necessary medical, surgical, x -ray and dental services, including prosthetic devices; and 3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers" b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products - Completed Operations Hazard Included within the "products - completed operations hazard ". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES AANDB 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. e. All costs taxed against the insured in the "suit ". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit ", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract "; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract "; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: 1) Agrees in writing to: a) Cooperate with us in the investigation, settlement or defense of the "suit "; b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit "; c) Notify any other insurer whose coverage is available to the indemnitee; and d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and 2) Provides us with written authorization to: a) Obtain records and other information related to the "suit "; and b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, Page 8 of 18 HG 00 0106 05 4.3.d Packet Pg. 111 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION 11— WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees and Volunteer workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: 1) "Bodily injury" or "personal and advertising injury": a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; b) To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a consequence of Paragraph 1)(a) above; c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (t)(a) or (b) above; or d) Arising out of his or her providing or failing to provide professional health care services. If you are not im the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. 2) "Property damage" to property: a) Owned, occupied or used by, b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property Any person or organization having proper temporary custody of your property if you die, but only: 1) With respect to liability arising out of the maintenance or use of that property; and 2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will HG 00 0106 05 Page 9 of 18 4.3.d Packet Pg. 112 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Irtsureds When Required By Written Contract, WrItten Agreetnent Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or property damage" included within the "products - completed operations hazard ". 1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 0106 05 4.3.d Packet Pg. 113 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) b) Any express warranty unauthorized by you; c) Any physical or chemical change' in the product made intentionally by the vendor; d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i) The exceptions contained in Sub- paragraphs (d) or (f); or ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors of Equipment 1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. 2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1) In connection with your premises; or 2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: 1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or 2) "Bodily injury" or "property damage" included within the "products- completed operations hazard ". HG 00 0106 05 Page 11 of 18 4.3.d Packet Pg. 114 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1) In the performance of your ongoing operations; 2) In connection with your premises owned by or rented to you; or 3) In connection with "your work" and included Within the "products- completed operations hazard ", but only if a) The written contract or agreement requires you to provide such coverage to such additional insured; and b) This Coverage Part provides coverage for bodily injury" or "property damage" included within the "products - completed operations hazard ". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION 111 — LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing suits ". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard "; and c. Damages under Coverage B. 3. Products - Completed Operations Aggregate Limit The Products - Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard ". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence ". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 4.3.d Packet Pg. 115 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an occurrence" or an offense which may result in a claim. To the extent possible, notice should include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: 1) Immediately record the specifics of the claim or suit" and the date received; and 2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: 1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit' 2) Authorize us to obtain records and other information; 3) Cooperate with us in the investigation or settlement of the claim or defense against the suit "; and 4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non - contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence ", offense, claim or "suit" is known to: 1) You or any additional insured that is an individual; 2) Any partner, if you or an additional insured is a partnership; 3) Any manager, if you or an additional insured is a limited liability company; 4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; 5) Any trustee, if you or an additional insured is a trust; or 6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 0106 05 Page 13 of 18 4.3.d Packet Pg. 116 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: 1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; 2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; 3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; 4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; 5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section Coverage A - Bodily Injury And Property Damage Liability; 6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or 7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b) Primary And Non - Contributory To Other Insurance When 'Required, By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Page 14 of 18 HG 00 0106 05 4.3.d Packet Pg. 117 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date pn the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: 1) The statements in the Declarations are accurate and complete; 2) Those statements are based upon representations you made to us; and 3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separatign° Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; 2) Television; 3) Billboard; 4) Magazine; 5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an advertisement ". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment'. 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 0106 05 Page 15 of 18 4.3.d Packet Pg. 118 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 6. "Coverage territory" means: 7 8. a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: 1) Goods or products made or sold by you in the territory described in a. above; 2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or 3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a suit" on the merits according to the substantive law in such territory or in a settlement we agree to. Employee" includes a "leased worker". "Employee" does not include a "temporary worker ". Employment - Related Practices" means: a. Refusal to employ a person; b. Termination of a person's employment; or c. Employment- related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at a person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by -laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work ", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of your product" or "your work "; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section 111 — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: 1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or 2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or auto"; Page 16 of 18 HG 00 0106 05 4.3.d Packet Pg. 119 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) b. While it is in or on an aircraft, watercraft or "auto "; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto ". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, maintained primarily to provide mobility to permanently mounted: 1) Power cranes, shovels, loaders, diggers or drills; or 2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently 'attached equipment of the following types: 1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or 2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not mobile equipment" but will be considered "autos ": 1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: a) Snow removal; b) Road maintenance, but not construction or resurfacing; or c) Street cleaning; 2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and 3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor, d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement ", a person's or organization's "advertising idea" or style of advertisement "; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement "; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products- completed operations hazard ": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: 1) Products that are still in your physical possession; or 2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: a) When all of the work called for in your contract has been completed. b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. HG 00 01 06 05 Page 17 of 18 4.3.d Packet Pg. 120 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) b. Does not include "bodily injury" or "property damage" arising out of: 1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; 2) The existence of tools, uninstalled equipment or abandoned or unused materials; or 3) Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent employee" on leave or to meet seasonal or short- term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee "; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: 1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: a) You; b) Others trading under your name; or c) A person or organization whose business or assets you have acquired; and 2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes 1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product "; and 2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work ": a. Means: 1) Work or operations performed by you or on your behalf; and 2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes 1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work ", and 2) The providing of or failure to provide warnings or instructions. Page 18 of 18 HG 00 0106 05 4.3.d Packet Pg. 121 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) Policy No. 52UUNPT3504 COMMERCIAL_ AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COOLIMERCIAL AUTOMOBILE BROAD • ' ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: 1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: a) That is a partnership or joint venture, b) That is an "insured" under any other policy, c) That has exhausted its Limit of Insurance under any other policy, or d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the auto" is leased to you under a written agreement if: 1) The agreement requires you to provide direct primary insurance for the lessor and 2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered auto" you hire. D. Additional Insured if Required by Contract 1) Paragraph A.1. - WHO IS AN INSURED of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured ", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5 4.3.d Packet Pg. 122 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) The insurance afforded to any such E. Primary and Non - Contributory if additional insured applies only if the Required by Contract bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional 1) During the policy period, and Insured If Required by Contract, the 2) Subsequent to the execution of such following provisions apply: written contract, and 3) Primary Insurance When Required By 3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be 2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the 4) Primary And Non - Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non- contributory with the agreement; or additional insured's own insurance, this b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no 3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit ". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement 1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. 2) The total of all deductible and self- insured 4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suitor Loss We will share the remaining loss, if any, by theIfyouhaveagreedinawrittencontractmethoddescribedinOtherInsurance5.d. or written agreement that another person or organization be added as an 2• AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 4.3.d Packet Pg. 123 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph AA.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION 1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN /LEASE GAP COVERAGE SECTION 11 - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in -force covering all of your covered "auto ", we will pay your additional legal employees ". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan /lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan /lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or auto" is: lease; and carry-over balances from previous 1) $100,000; loans or leases. 2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss "; or Under Paragraph B. EXCLUSIONS - of 3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to "loss" caused g, ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered "auto" you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident ", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of "loss ", accident". is: This extension of coverage does not apply to 1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto "; employees ", partners (if you are a partnership), 2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto'; 3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 3 of 5 4.3.d Packet Pg. 124 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) 4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered auto's" operating system. b.Section 111 — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: 1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss ", is: 1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; 2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or 3) An integral part of such equipment. c. For each covered "auto ", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION 111 - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident ", the following applies: 1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; 2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: 1) You, if you are an individual; 2) A partner, if you are a partnership; 3) A member, if you are a limited liability company; or 4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos ", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the insured's" responsibility to pay damages for bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 4 of 5 4.3.d Packet Pg. 125 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non- hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10 %, to a maximum of $2,500, of the "non- hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one loss" is $10,000. For the purposes of the coverage provision, a.A "non - hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto ", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 5 of 5 4.3.d Packet Pg. 126 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) n THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 52 WE AB7923 Endorsement Number: Effective Date: 01 / 01 / 18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KITTELSON & ASSOCIATES, INC. 851 SW 6th Avenue, Suite 600 PORTLAND, OR 97204 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. Person or Organization BLANKET WAIVER FOR ALL WRITTEN CONTRACT ti 041I1I4 Countersigned by 2 % of the California workers' compensation Job Description ENTITIES AS REQUIRED BY Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: 01/01/19 4.3.d Packet Pg. 127 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) BUSINESS LICENSE The Licensee paid to the City of Dublin the required business license fee and is hereby granted a license for the period stated, to conduct, carry on or engage in the business set forth herein, in conformity with Dublin Municipal Code 4.04 within the City limits. Licensee: KITTELSON & ASSOCIATES INC Location: 155 GRAND AVE SUITE 900 Owner(s): MARK VANDEHEY, LAWRENCE VAN DYI, KITTELSON & ASSOCIATES INC 610 SW ALDER ST SUITE 900 - PORTLAND, OR 97205 City of Dublin 100 Civic Plaza Dublin, CA 94568 925) 833 -6620 DESCRIPTION: Transportation Engineering, Planning & Research Number: BL- 110332 Effective Date: 10/1/2017 Expiration Date: 9/30/2018 TO BE POSTED IN A CONSPICUOUS PLACE • NOT TRANSFERABLE F21 4.3.d Packet Pg. 128 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t - K i t t e l s o n & A s s o c i a t e s ( A m e n d m e n t t o K i t t e l s o n & A s s o c i a t e s A g r e e m e n t ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Amendment to the Agreements with Tri-Valley Janitorial Service and Supply Inc. and Advanced Integrated Pest Management Prepared by: Dean McDonald/P.W. Maintenance Superintendent EXECUTIVE SUMMARY: The City Council will consider amending the agreements with Tri-Valley Janitorial Service and Supply Inc. and Advanced Integrated Pest Management to increase the areas of service to include Parks Reserve Forces Training Area (Camp Parks) facilities. These amendments are implementation measures of the Intergovernmental Support Agreement for Municipal Services. STAFF RECOMMENDATION: Adopt the Resolution Approving Amendments to the Contract Services Agreements with Tri-Valley Janitorial Services and Supply Inc. and Advanced Integrated Pest Management, and approve the budget change. FINANCIAL IMPACT: Approval of the amendments to the agreements for janitorial a nd pest control services will have no impact on the General Fund. The amendments will increase the not-to- exceed compensation for these services for the remaining contract terms as follows: Contractor Current Compensation Amended Compensation $ Increase Contract Term Tri-Valley Janitorial Services and Supply Inc. $1,100,220 $1,524,215 $423,995 7/1/18 - 6/30/21 Advanced Integrated Pest Management $40,020 $141,727 $101,707 7/1/19 - 6/30/22 Total $1,140,240 $1,665,942 $525,702 The combined expenditure increase for the remainder of the two contract terms is $525,702. The combined increase for Fiscal Year 2019-20 is $152,358, which requires approval of a budget change. Future year expenditures and revenues will be incorporated in appropriate fiscal year budget requests. 4.4 Packet Pg. 129 Page 2 of 3 The increase in expenditure will be offset by reimbursement for these services from the U.S. Army in accordance with the Intergovernmental Support Agreement for Municipal Services (IGSA). The IGSA includes a provision for the City to charge a fee to cover the City’s administrative costs in managing these services. DESCRIPTION: On December 3, 2019, the City Council approved the Intergovernmental Support Agreement (IGSA) with the U.S. Army Garrison Fort Hunter Liggett for Municipal Services. The IGSA provides for a partnership between the City of Dublin and the U.S. Army whereby the City provides services on Parks Reserve Forces Training Area (Camp Parks) and the U.S. Army pays the City for these services, including an administrative fee to cover the costs of City oversight and management o f service vendors. For the City to provide the janitorial and pest management services included in the IGSA, the existing service agreements need to be amended to include Camp Parks facilities and to increase the total compensation payable for the service s. During development of the IGSA, Camp Parks staff and City staff jointly met and conferred with both Tri-Valley Janitorial Services and Supply Inc. (TVJ) and Advanced Integrated Pest Management (IPM) to ensure that they would be able to increase the scope of their work to include Camp Parks facilities. The proposed amendments to the Contractor Services Agreements with TVJ and IPM are needed for the City to provide these contract services on Camp Parks. The attached budget change covers increased costs for the current fiscal year. STRATEGIC PLAN INITIATIVE: Strategy 1 - Assure the City’s long-term financial sustainability. Strategic Objective 1.b - Explore operational efficiencies in delivering service with other public agencies. Strategy 3 - Pursue efforts to help strengthen the City’s infrastructure and technology. Strategic Objective 3.a - Work to establish a Public-Public Partnership with Parks Reserve Forces Training Area (RFTA) Maintenance. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving Amendments to Contract Services Agrmts with Tri Valley Jan - Advanced IPM 2. Exhibit A to the Resolution - Amendment 1 to Contract Services Agreement with Tri- Valley Janitorial Services 3. Exhibit B to the Resolution - Amendment 2 to Contract Services Agreement with Advanced Integrated Pest Management 4. Contract Services Agreement with Tri-Valley Janitorial 5. Contract Services Agreement with Advanced Integrated Pest Management 4.4 Packet Pg. 130 Page 3 of 3 6. Amendment 1 to Contract Services Agreement with Advanced Integrated Pest Management 7. Budget Change Form 4.4 Packet Pg. 131 RESOLUTION NO. XX- 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENTS TO THE CONTRACT SERVICES AGREEMENTS WITH TRI-VALLEY JANITORIAL SERVICES AND SUPPLY INC. AND ADVANCED INTEGRATED PEST MANAGEMENT WHEREAS, on December 3, 2019, the City of Dublin (hereinafter referred to as “CITY”) and the U.S. ARMY entered into an Intergovernmental Support Agreement (hereinafter referred to as the “IGSA”) for Municipal Services which include janitorial services and pest management services; and WHEREAS, the CITY has Contract Services Agreements with Tri-Valley Janitorial Services and Supply Inc. and Advanced Integrated Pest Management (hereinafter collectively referred to as “CONTRACTORS”) to provide janitorial services and pest management services at CITY facilities; and WHERAS, the CITY and CONTRACTORS now wish to amend their current agreements to include the IGSA services at facilities on Parks Reserve Forces Training Area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment 1 to the Contract Services Agreement with Tri- Valley Janitorial Services and Supply Inc. and does hereby approve Amendment 2 to the Contract Services Agreement with Advanced Integrated Pest Management, as attached hereto as Exhibit “A” and Exhibit “B” to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendments, and make any non-substantive amendments, as necessary, to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 14th day of January, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.4.a Packet Pg. 132 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g A m e n d m e n t s t o C o n t r a c t S e r v i c e s A g r m t s w i t h T r i V a l l e y J a n - A d v a n c e d I P M ( C o n t r a c t A m e n d m e n t s f o r 4.4.b Packet Pg. 133 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l S e r v i c e s ( C o n t r a c t 4.4.b Packet Pg. 134 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l S e r v i c e s ( C o n t r a c t 4.4.b Packet Pg. 135 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l S e r v i c e s ( C o n t r a c t 4.4.b Packet Pg. 136 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l S e r v i c e s ( C o n t r a c t 4.4.b Packet Pg. 137 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l S e r v i c e s ( C o n t r a c t AM ENDMENT #2 TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ADVANCED INTEGRATED PEST MANAGEMENT WHEREAS, on July 1, 2019, the City of Dublin (hereinafter referred to as "CITY") and Advanced Integrated Pest Management (hereinafter referred to as "CONTRACTOR") entered into a Contractor Services Agreement for pest control services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, on November 12, 2019 the Parties entered into Amendment 1 to increase the Not to Exceed amount to $40,020.00, and WHEREAS, the existing AGREEMENT has a Not to Exceed amount of $40,020.00, and WHEREAS, the CITY and CONTRACTOR now wish to amend the Agreement to increase the Not to Exceed amount to $141,727.00, modifying Sections 2 and 10.10 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2 COMPENSATION. shall be rescinded in its entirety and replaced with the following: COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed (ONE HUNDRED FORTY-ONE THOUSAND SEVEN HUNDRED TWENTY-SEVEN DOLLARS) ($141,727.00), notwithstanding any contrary indications that may be contained in 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 specified below shall be the only payments from the City to Contractor for services rendered pursuant to this agreement. Contractor shall submit all invoices to the City in the manner specified herein. Except as specifically authorized by City, 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 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. 4.4.c Packet Pg. 138 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - A m e n d m e n t 2 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t 2) Section 10.10 Integration shall be rescinded in its entirety and replaced with the following: Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B-Revised and C, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all the terms and conditions of the AGREEMENT. 4) The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. SIGNATURES ON FOLLOWING PAGE 4.4.c Packet Pg. 139 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - A m e n d m e n t 2 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ________________ By: _____________________________ Linda Smith, City Manager ATTEST: By: Caroline Soto, City Clerk ADVANCED INTEGRATED PEST MANAGEMENT Dated: By: _____________________________ Bruce Romani, President 12/31/19 4.4.c Packet Pg. 140 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - A m e n d m e n t 2 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t EXHIBIT B-REVISED Compensation Schedule City Facilities Site# Facility Floors Interior Building Exterior Building Frequency Total Monthly Rate Total Annual Rate 1 City Hall 100 Civic Plaza 2 X X Monthly $105 $1,260 2 Library 200 Civic Plaza 1 X X Monthly $75 $900 3 Public Safety Complex 6363 Clark Avenue 1 X X Monthly $105 $1,260 4 Shannon Center 11600 Shannon Avenue 1 X X Monthly $75 $900 5 Senior Center 7600 Amador Valley Boulevard 1 X X Monthly $75 $900 6 Heritage Park & Museum (Old St. Raymond Church & Schoolhouse) 6600 Donlon Way 1 X X Monthly $70 $840 7 Historic Park (Kolb House) 6600 Donlon Way 1 X X Monthly $60 $720 8 The WAVE 4201 Central Parkway 1 X X Monthly $125 $1,500 9 City Corporation Yard 5709 Scarlett Court 1 X X Monthly $75 $900 10 Fire Station 16 7494 Donohue Drive 1 X X Monthly $60 $720 11 Fire Station 17 6700 Madigan Drive 1 X X Monthly $60 $720 12 Fire Station 18 4800 Fallon Road 1 X X Monthly $60 $720 City Facilities Total: $945 $11,340 Camp Parks Reserve Training Forces Area (RFTA) Facilities Site# Facility Floors Interior Building Exterior Building Frequency Monthly Total Yearly Total 150 Warehouse 2 X Upon Request $40 $480 162 Warehouse 1 X Upon Request $40 $480 171 Warehouse 1 X Upon Request $40 $480 275 Visitor Center 1 X X Weekly $25 $300 277 Guard Shack 1 X X Weekly $25 $300 278 Guard Shack 1 X X Weekly $25 $300 4.4.c Packet Pg. 141 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - A m e n d m e n t 2 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t Site# Facility Floors Interior Building Exterior Building Frequency Monthly Total Yearly Total 282 Guard Shack 1 X X Weekly $25 $300 300 Administrative 2 X X Monthly $25 $600 301 Administrative 2 X X Monthly $50 $600 302 Administrative 2 X X Monthly $50 $600 303 Fitness Center 2 X X Weekly $60 $720 304 Administrative 2 X X Monthly $50 $600 306 Administrative 2 X X Monthly $50 $600 309 Storage 1 X Monthly $40 $480 310 Administrative 2 X Monthly $50 $600 311 Administrative 1 X X Weekly $50 $600 312 Administrative 1 X X Weekly $50 $600 313 Warehouse 1 X Monthly $40 $480 320 Administrative 2 X Monthly $50 $600 321 Administrative 2 X Monthly $50 $600 330 Administrative 2 X Upon Request $50 $600 332 Dining Facility 3 X X Weekly $100 $1,200 334 Warehouse 1 X Monthly $40 $480 342 Storage 1 X Monthly $40 $480 350 Administrative 1 X X Weekly $50 $600 360 Barracks 2 X X Weekly $50 $600 361 Barracks 2 X X Weekly $50 $600 362 Barracks 2 X X Weekly $50 $600 363 Barracks 2 X X Weekly $50 $600 364 Barracks 2 X X Weekly $50 $600 373 Administrative 2 X X Weekly $50 $600 387 Container Storage 1 X Upon Request $30 $360 388 Container Storage 1 X Upon Request $30 $360 389 Container Storage 1 X Upon Request $30 $360 390 Barracks 2 X X Monthly $50 $600 391 Barracks 2 X X Monthly $50 $600 392 Barracks 2 X X Monthly $50 $600 393 Barracks 2 X X Monthly $50 $600 394 Barracks 2 X X Monthly $50 $600 398 Laundry Facility 1 X X Weekly $50 $600 490 Vehicle Maintenance 1 X X Weekly $40 $480 494 Warehouse 1 X X Weekly $40 $480 495 Admin/Storage 1 X Upon Request $50 $600 510 Administrative 2 X X Weekly $50 $600 4.4.c Packet Pg. 142 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - A m e n d m e n t 2 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t Site# Facility Floors Interior Building Exterior Building Frequency Monthly Total Yearly Total 511 Storage 1 X Upon Request $40 $480 512 Storage 1 X Monthly $40 $480 514 Administrative 1 X X Weekly $50 $600 515 Storage 1 X Monthly $40 $480 516 Vehicle Maintenance 1 X Monthly $40 $480 517 Administration 2 X X Weekly $50 $600 521 Administration/Rally 1 X X Weekly $50 $600 522 Storage 1 X Upon Request $40 $480 610 Administrative 1 X X Weekly $50 $600 612 Storage 1 X Upon Request $40 $480 620 Administrative 1 X X Weekly $50 $600 628 Admin/Toilet 1 X Upon Request $50 $600 635 NEC Node 1 X Upon Request $40 $480 650 Administrative 2 X X Monthly $50 $600 659 Administrative 3 X X Weekly $300 $600 665 Admin/Storage 1 X X Monthly $50 $600 677 Administrative 1 X X Monthly $50 $600 685 Warehouse/Storage 1 X X Monthly $50 $600 791 Admin/Shops 1 X X Weekly $40 $480 1192 Access Control 1 X Upon Request $50 $600 1195 Range OPS/Storage 1 X Upon Request $50 $600 1206 Administrative 1 X Upon Request $50 $600 1209 Administrative 1 X Upon Request $50 $600 1211 Administrative 1 X Upon Request $50 $600 0396A Baseball Dugout (R) 1 X Upon Request $25 $300 0396B Baseball Dugout (L) 1 X Upon Request $25 $300 J1210 Administrative 1 X Upon Request $50 $600 MISC Curbs 1 X Bimonthly $25 $300 MISC Gravel Areas 1 X Bimonthly $25 $300 R0EST Administrative 1 X Upon Request $480 $600 R396C Baseball (Booth) 1 X Upon Request $25 $300 4.4.c Packet Pg. 143 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - A m e n d m e n t 2 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t TR490 Showers 1 X Upon Request $25 $300 Camp Parks RFTA Total $3,380 $40,560 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 $11,340 $11,340 $11,340 $34,020 Camp Parks RFTA $16,900 $41,777 $43,030 $101,707 Contingency $2,000 $2,000 $2,000 $6,000 Totals $30,240 $55,117 $56,370 $141,727 Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as work is completed. 4.4.c Packet Pg. 144 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - A m e n d m e n t 2 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t 000 244 CONTRACT SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRI- VALLEY JANITORIAL SERVICE AND SUPPLY INC THIS AGREEMENT for contract services is made by and between the City of Dublin City ") and Tri- Valley Janitorial Service and Supply Inc. ( "Contractor ") as of July 1, 2018. 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 date first noted above and shall end on June 30, 2021, the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 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 purpose, and b) the price charged by the Contractor for the provision of the services 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 in the geographical area in which Contractor practices its profession. Contractor shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Contractor's profession. 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 Section 1.1 above and to satisfy Contractor's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed 1,100,000, notwithstanding any contrary indications that may be contained in 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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri - Valley Janitorial Service and Supply Inc. Page 1 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 145 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to 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, 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 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 incurred prior to the invoice date. No individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his /her designee. Invoices shall contain the following information: 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 Contract o Hours must be logged in increments of tenths of an hour or quarter hours o If this Contract covers multiple projects, all hours must also be logged by project assignment o A brief description of the work 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 fee schedule set forth on the compensation schedule attached as Exhibit B. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc. Page 2 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 146 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order 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 Contract Administrator. 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. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. 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 to the City. 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 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 Contractor'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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc. Page 3 of 13 Agreement Versfon 1 -2018 4.4.d Packet Pg. 147 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) event Contractor 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 Contractor. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to City of such cancellation, change, or lapse. 4.1 Workers' Compensation. 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 ONE MILLION DOLLARS 1,000,000.00) per accident. In the alternative, Contractor may rely on a self - insurance program to meet those 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 Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Contractor, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Contractor shall notify City within 14 days of notification from Contractor's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liabilitv Insurance. 4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles. 4.2.2 Minimum scope of coveraae. 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 "). Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc. Page 4 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 148 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. C. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self- insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Contractor shall notify City within 14 days of notification from Contractor's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 [INTENTIONALLY DELETED] 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor 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. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc. Page 5 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 149 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 4.4.3 Subcontractors. Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor's work. Subcontractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub - subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self- Insured Retentions. All self- insured retentions SIR) and /or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self- insured retention provision and /or deductibles shall provide or be endorsed to provide that the SIR and /or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self - insurance shall be called upon to protect City as a named insured. 4.4.7 Other Requirements. 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 (1) the minimum coverage and limits specified in this Agreement; or 2) the broader coverage and maximum limits of coverage of any insurance policy. 4.4.8 Notice of Reduction in Coveraae. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Contractor shall provide written notice to City at Contractor's earliest possible opportunity and in no case later than five days after Contractor is notified of the change in coverage. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc. Page 6 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 150 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 4.5 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 CONSULTANT'S RESPONSIBILITIES. To the maximum extent allowed by law, Contractor shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Contractor or its employees, subcontractors or agents. Contractor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Contractor shall, at its expense, satisfy and discharge the same. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. In the event that 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. Contractor /Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF 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. 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 Subparagraph 1.3; however, otherwise City shall not have Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc. Page 7 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 151 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. 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 No 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. 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 Egual Opportunity. Contractor shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor 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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc. Page 8 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 152 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. 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. 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 Assionment 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: Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc. Page 9 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 153 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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. MISCELLANEOUS PROVISIONS. 9.1 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. 9.2 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. 9.3 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. 9.4 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. 9.5 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. 9.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 9.7 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 of seq. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc. Page 10 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 154 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 Sections 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous twelve 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 Government Code §1090 et. seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, 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 Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at www.fi)i)c.ca.-gov/index.phi)?id=500. 9.8 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. 9.9 Contract Administration. This Agreement shall be administered by the City Manager ( "Contract Administrator'). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 9.10 Notices. Any written notice to Consultant 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: City of Dublin Public Works Manager 100 Civic Plaza Dublin, CA 94568 Contract Services Agreement between July 1, 2018 City of Dublin and Tri - Valley Janitorial Service and Supply Inc. Page 11 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 155 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 9.11 Intearation. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and including the compensation schedule attached hereto and incorporated herein as Exhibit B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc. Page 12 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 156 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) CITY O BLIN h ' topher L. Foss, City M nager Attest: Caroline Soto, City Clerk Approved as to Form Jo akker, City Attorney CONTRACT i Ahfy Gia a, President Tri -Valle Janitorial Service and Supply Inc. Contract Services Agreement between July 1, 2018 City of Dublin and Tri - Valley Janitorial Service and Supply Inc. Page 13 of 13 Agreement Version 1 -2018 4.4.d Packet Pg. 157 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 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 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. Independence Day Labor Day Veterans Day Thanksgiving Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve New Year's Day Martin Luther King, Jr.'s Birthday Presidents Day Memorial Day 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. Police Wing /Civic Center (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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 158 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) Wave Aquatic Center Dublin Heritage Park and Museum Corporation Yard Public Safety Complex (Opening September 2019) C. Supplies and Equipment 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 Contract Administrator, Facility Manager, 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 Contract Administrator, Facility Manager 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 the appropriate Green Seal Standard for that type of product; e.g., GS -37, GS-40, etc. Further information regarding environmental or Green Seal products can be found at http:// www. greenseal .orct /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 Contract Administrator, Facility Manager, or his /her designee, noting any building deficiencies needing correction. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 159 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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. 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 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. Trainin - 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), MSDS sheets (Material Safety Data Sheets), Cal -OSHA (California Occupational Health and Safety) regulations and all other applicable safety regulations. Contractor shall provide to the Contract Administrator, 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. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 160 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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. 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 at the contractor's expense. The City reserves the right to deny access Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 161 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 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 Assisanments - 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. Emernency Work - "Emergency work" is defined as any work beyond the general routine janitorial work required by this agreement. Emergency work shall require a Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 162 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 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 card -keys 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 card -key. 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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 163 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 Police 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 school house 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 (Opening September 2019) 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 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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 164 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 d. 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 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 Carpetina 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. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 165 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) finish! 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 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 Contract Administrator, 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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 166 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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, chi hers, 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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 167 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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. 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. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 168 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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, Dressino 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. 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) — Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 169 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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. L 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, Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 170 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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: 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. Subcontractina - 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. 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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 171 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) have been paid to the Contractor for the same services, these excessive costs shall be paid by the Contractor. D. Pricin - 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 Maieure - 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. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 172 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 See Section 2 FREQUENCY TASK "Required Services" Daily: Vinyl, linoleum, terrazzo, or concrete floors, sweep and /or dust mop all floors 1 a Carpet and mats - vacuum traffic areas, staircases, and workspaces 2c Carpet spot cleaning and removal - (as necessary) 2e Dusting - all table tops, office desks, and filing cabinets, and other surfaces 5a Dusting - removal of accumulated dust a 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 break -room floors - degrease and disinfect 10a Kitchen break -room 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: inyl 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 - nnually: Strip and wax all hard surface floors: terrazzo, vinyl or linoleum 1d, 1g Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 173 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) ATTACHMENT 2 City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels Location: Civic Center, Police Wing, 100 Civic Plaza Estimated Building Size: 21,200 SF (includes auxiliary triple -wide trailer in police parking lot) Cleaning Frequency: 6 days per week, Monday — Saturday Janitorial Cleaning Hours: 4:30 PM to 8:30 PM See Section 2 FREQUENCY TASK "Required Services" Daily: Vinyl, linoleum, or concrete floors, sweep and /or dust mop all floors 1 a Carpet and mats - vacuum traffic areas, staircases, & workspaces 2c Carpet spot cleaning and removal - (as necessary) 2g Dusting - all table tops, 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 break -room floors - degrease and disinfect 11a Kitchen break -room sinks - degrease and disinfect 11b Jail area - clean and disinfect (when accessible) 11b Weekly: Broom sweep sally port concrete floor when accessible 1 b Carpet and mats - vacuum all areas, including edges and corners 2d Walls, doors and molding - remove fingerprints, smudges and dirt 21 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 1 c Dusting - high dusting 5b Wooden furniture - clean and polish 8a Formica and metal desks - clean all 8b ood fixtures - polish 8c Fabric or carpeted wall coverings - dust and /or vacuum, spot clean 8e Light switches - clean and disinfect Bf 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 uarterly: Vinyl and linoleum - strip completely and wax 1d11gStone, marble, slate, granite, ceramic tile, travertine floors, stairs Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 174 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) astebasket/trash containers - wash and disinfect ht fixtures - clean all JAC vents and diffusers - clean all srsonal computers -clean with anti - static cleaner mi- nually: City refrigerators — break room only Contract Services Agreement between City of Dublin and Tri- Valley Janitorial Service and Supply Inc 1e if July 1, 2018 Exhibit A: Scope of Services 4.4.d Packet Pg. 175 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 See Section 2 FREQUENCY TASK "Required Services" Daily: Vinyl, linoleum, or concrete floors (sweep and /or dust mop all floors) 1 a 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: inyl, linoleum or concrete floors (damp /wet mop) 1b Stone, marble, ceramic, slate (damp /wet mop) if Carpets and mats (vacuum all areas, including edges and comers d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) 4a hiteboards 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 Bf 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 the floors (strip and sea[) 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 enetian blinds (dust and damp wipe) 11g Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 176 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services Semi - nnually: Vinyl and linoleum - strip completely and wax City refrigerator in office area (clean and disinfect) 1d if nnually: Stone, marble, granite, ceramic tile floors (refinishing) 1 h 71 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 177 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 See Section 2 FREQUENCY TASK "Required Services" Daily: Vinyl, linoleum, or concrete floors (sweep and /or dust mop all floors) 1 a 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) c 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) c 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) 1 b Stone, marble, ceramic, slate (damp /wet mop) if arpets and mats (vacuum all areas, including edges and comers) 2d Walls, doors and molding (spot clean) g Glass and windows (remove fingerprints, smudges, dirt) 4a hiteboards 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) 1 O 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 h Personal computers - clean with anti - static cleaner 11e Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 178 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services Venetian blinds (dust and damp wipe) 11g Artificial Plants - clean to remove dust 5e Semi- Annually: Vinyl and linoleum - strip completely and wax 1d Pity refrigerator in office area clean and disinfect Of Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1h Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 179 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) ATTACHMENT 5 City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels Location: Wave Aquatic Center Estimated Building Size: 23,000 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. See Section 2 FREQUENCY TASK "Required Services" Daily: Interior floors (sweep and /or dust mop all floors) 1 a Tile hallway area (scrub machine and disinfect) if Interior flooring in lobbies /office (damp /wet mop, disinfect, vacuum, move furniture 1 i Doors and entrances (clean and polish) a 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) a 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 if 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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 180 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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. See Section 2 FREQUENCY TASK "Required Services" Daily: Vinyl, linoleum, or concrete floors (sweep and /or dust mop all floors) la Hardwood floors (sweep and dust mop) 2a Carpet and mats (vacuum traffic areas) 2c Carpet spot cleaning and spot removal 2e raffiti (remove all marks and writing) f 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) 1 b Hardwood floors (sweep and damp mop) 2b Carpets and mats (vacuum all areas, including edges and comers) 2d Walls, doors and molding (spot clean) 2g Glass and windows (remove fingerprints, smudges, dirt) a 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 Vinyl and linoleum - strip completely and wax Ild Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 181 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 See Section 2 FREQUENCY TASK "Required Services" Daily: Wood floor — sweep 2a Wastebasket — empty and replace liner 5c Weekly: Walls, doors, moldings — spot clean as needed 2g Glass and windows — remove fingerprints, smudges, dirt 4a Weekly: Doors — clean and polish 3a Dustin — dust window sills and furniture 5a/5b Monthly: Dusting — high dusting 5b Monthly: Light switches — clean and disinfect 8f Janitorial closets — clean, organize, stock and keep odor -free 2a/2b in I and linoleum — clean and wax floors - traffic areas 5d Quarterly: Light fixtures and fans — clean 8g F7arterly: H vents — clean 8h Restrooms: 289 sq. ft. See Section 2 FREQUENCY TASK "Required Services" Daily: Floor — sweep and mop la/lb Toilets — clean and disinfect ga Doors — clean and polish 3a Wastebasket — empty and replace liner 5c Weekly: Walls, doors, moldings — spot clean 2g lass and windows — remove fingerprints, smudges, dirt 4a Dustin — dust window sills and furniture 5a/5b Monthly: Dusting — high dusting 5b Light switches — clean Bf Janitorial closets — clean, organize, stock and keep odor -free 11c Wastebasket/trash containers — clean and disinfect 5d F7arterly: Light fixtures and fans — cleanIHVAC g vents — clean h Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 182 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) ATTACHMENT 7 (Page 2 of 2) City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels Ceramics /Art Studio: 330 sa. ft. See Section 2 FREQUENCY TASK "Required Services" Daily: Dusting (dust window sills and furniture) a/5b Wastebasket (empty and replace liner) c Floor - sweep and mop la/lblaWeekly: Walls, doors, moldings (spot clean) g Glass and windows (remove fingerprints, smudges, dirt) Doors (clean and polish) 3a Dustin — high dusting 5b Monthly: Light switches — clean f Quarterly: Wastebasket/trash containers — clean and disinfect 5d Light fixtures — clean g HVAC vents — clean all h Kolb House: 2304 so. ft. See Section 2 FREQUENCY TASK "Required Services" Weekly: Bathroom and Kitchen Floor — sweep and damp mop 1 a/1 b Bathroom fixtures — clean and disinfect a Kitchen counters — wipe with light solution 10b Wastebaskets — empty and replace liner 5c Back Porch — sweep and clean 1 e Public Room — vacuum carpeted areas, spot clean 7a Halls — vacuum carpeted areas, spot clean 7a Stairs — vacuum carpeted areas, spot clean 7a Walls, doors, moldings — spot clean 2g Glass and windows — remove fingerprints, smudges, dirt 4a Dusting — dust window sills and furniture 5a/5b Doors — clean 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 5d Light fixtures and fans — clean 8g HVAC vents — clean 8h Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 183 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 See Section 2 FREQUENCY TASK "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) a 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 b 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 ash whiteboards and pen rails (if erased) d 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 nnuall Stone, marble, granite, ceramic tile floors (refinishing) 1h Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 184 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 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 See Section 2 FREQUENCY TASK "Required Services" Daily: Vinyl, linoleum, or concrete floors — sweep and /or dust mop all floors 1 a 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 comers 2d Walls, doors and molding — remove fingerprints, smudges and dirt 21 Doors & entrances — clean and polish, remove finger prints & smudges 3a Dusting — all table tops, 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 1 c Wastebasket/trash containers — wash and disinfect 5d Light fixtures — clean all 8g HVAC vents and diffusers — clean all 8h Personal computers — clean 12h Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 185 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) ATTACHMENT 10 City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels FACILITY OPENS IN SEPTEMBER 2019* Location: Public Safety Complex, 6363 Clark Avenue Estimated Building Size: 18,500 SF Cleaning Frequency: 6 days per week, Monday - Saturday Janitorial Cleaning Hours: 4:30 PM to 8:30 PM See Section 2 FREQUENCY TASK "Required Services" Daily: Vinyl, linoleum, or concrete floors — sweep and /or dust mop all floors la Carpet and mats — vacuum traffic areas and offices 2c Carpet spot cleaning and removal — as necessary 2g Graffiti — remove all marks and writing 2h lass and windows — remove fingerprints, smudges, dirt a 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 comers 2d Walls, doors and molding — remove fingerprints, smudges and dirt 21 Doors & entrances — clean and polish, remove finger prints & smudges 3a Dusting — all table tops, 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 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Inc Exhibit A: Scope of Services 4.4.d Packet Pg. 186 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) EXHIBIT B COMPENSATION SCHEDULE City Facilities Monthly Rate Annual Cost City Hall Wing, Civic Center, 100 Civic Plaza, 5-days per week service, Monday - Friday 3,103 37,236 Police Wing, Civic Center, 100 Civic Plaza, including portable building located in police parking lot, 6-days per week service, Monday-Saturday 2,150 25,800 Library, 200 Civic Plaza (Community Room, Lobby, Main Restrooms, City Staff Offices), 6 -days per week service, Monday- Sunday, except Friday 3,821 45,852 Shannon Community Center, 11600 Shannon Avenue, 5-days per week service, Monday-Friday 2,650 31,800 Senior Center, 7600 Amador Valley Blvd., 5-days per week service, Monday-Friday 1,750 21,000 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 600 7,200 Dublin Heritage Park and Museum, 11285 Dublin Blvd., 5-days per week service, Monday-Friday 600 7,200 The Wave Aquatic Center, 4201 Central Pkwy 7-days per week service 4,400 52,800 Corporation Yard, 5709 Scarlett Court, 3-days per week service, Mon, Wed, Friday 575 6,900 Public Safety Complex, 6363 Clark Ave, 6-days per week service, Monday - Saturday 2,250 27,000 TOTAL ANNUAL COST: 262,788 Extra Work: Rate for scheduled extra work is $19.75 per hour for a minimum of 2 hours for special events. Hazardous Pay Rate: $150.00 per incident. Cost of Living Increase: Rate for base services and rate for extra work will increase 5% year 2 of this agreement. Rate for base services and rate for extra work will increase 6% year 3 of this agreement. Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Exhibit B: Compensation Schedule 4.4.d Packet Pg. 187 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) JANITORIAL SUPPLIES 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 cs 36.50 1.8 mil or better 70 cs. 33" x 39" Trash Liners, 150 cs 38.03 1.8 mil or better 50 cs. 24" x 23" Trash Liners (wastebasket liners) 500 cs 22.73 0.4 mil or better 30cs 40" X 46" Clear Trash Liners 150 cs 36.26 1.7 mil or better 30cs 33" x39" Clear Trash Liners 250 cs 39.67 1.2 mil or better 30cs 24" x 23" Clear Trash Liners 500 cs 18.39 35 mil or better 40 cs. Toilet Seat Protectors 5000 cs 37.82 100 cs. Pink Hand Soap (based on 6 gal. /case) 4 gal 23.73 10 cs. Sanitary Napkin Receptacle Liners 500 cs 16.53 Approx. 7%:" x 3 -3/4" x 10 2 Contract Services Agreement between July 1, 2018 City of Dublin and Tri- Valley Janitorial Service and Supply Exhibit B: Compensation Schedule 4.4.d Packet Pg. 188 At t a c h m e n t : 4 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h T r i - V a l l e y J a n i t o r i a l ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) 4.4.e Packet Pg. 189 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 190 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 191 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 192 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 193 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 194 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 195 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 196 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 197 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 198 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 199 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 200 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 201 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 202 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 203 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d 4.4.e Packet Pg. 204 At t a c h m e n t : 5 . C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d AMENDMENT #{ TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ADVANCED INTEGRATED PEST MANAGEMENT WHEREAS, on July'1, 2019, the City of Dublin (hereinafter referred to as "C|TY') and Advanced lntegrated Pest Management (hereinafter referred to as "CoNTRACTOR') entered into a Contractor Services Agreement for pest control services (hereinafter referred to as the "AGREEMENT"); and WHEREAS, the existing AGREEMENT has a Not to Exceed amount of $38,220.00, and WHEREAS, the CITY and CONTRACTOR now wish to amend the Agreement to increase the Not to Exceed amount to $40'O2O.OO, modifying Sections 2 and 10'10 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 2 following: COMPENSATIO N. shall be rescinded in its entire ty and replaced with the ooMPENSATION. City hereby agrees to pay contractor a sum not to exceed (FORTY THOUSAND TWENTY DOLLARS) ($40,020.00), notwithstanding any contrary indications that may be contained in contractor's proposal, for services to be performed under this Agreement. ln the event of a conflict between this Agreement and contractor's proposal, aitached 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 specified below shall be the only payments from the city to contractor for services rendered pursuant to this agreement. contractor shall submit all invoices to the City in the manner specified herein. Except as specifically authorized by City, 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 costs of providing the Services required hereunder'includingsalariesandbenefitsofemployeesandsubcontractorSofContractor. Consequently, the parties further agree that compensation hereunder is intended to includethecostsofcontributionstoanypensionsand/orannuitiestowhichContractor and its employees, agents, and subcontractors may be eligible' City therefore has no responsibilityforsuchcontributionSbeyondcompenSationrequiredunderthisAgreement' section 10.10 lnteqration shall be rescinded in its entirety and replaced with the following: 2) 4.4.f Packet Pg. 205 At t a c h m e n t : 6 . A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y 3) lnteqration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B-Revised and C, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all the terms and conditions of the AGREEMENT. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. SIGNATURES ON FOLLOWING PAGE 4) 4.4.f Packet Pg. 206 At t a c h m e n t : 6 . A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y IN WTNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ll l7 Christopher L. Foss, City Manager ATTEST: By: Caroline Soto, City Clerk ADVANCED INTEGRATED PEST Dated:9-3:-rQ By:{o/- BUlt6 f)crrA+rt ni, President 4.4.f Packet Pg. 207 At t a c h m e n t : 6 . A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y EXHIBIT B.REVISED Compensation Schedule City Facilities Please note, reimbursable expenses are built into rates as identified above. 14{- 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 Bay Area Consumer lndex Rate (CPt) and shall not exceed 37o. Year 1 Year 2 Year 3 Total Base Bid $11,340 $11,340 $11,340 $34.020 Contingency $2,000 $2,000 $2,000 $6,000 Totals $13,340 $13.340 $13,340 $40,020 lnvoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as work is completed. Site#Facility Floors !nterior Building Exterior Building Frequency Total Monthly Rate Total Annual Rate 1 City Hall 100 Civic Plaza 2 X X Monthly $105 $1,260 2 Library 200 Civic Plaza 1 X X Monthly $75 $900 3 Public Safety Complex 6363 Clark Avenue 1 X X Monthly $105 $1,260 4 Shannon Center 1 1600 Shannon Avenue 1 X X Monthly $75 $e00 5 Senior Center 7600 Amador Valley Boulevard 1 X X Monthly $75 $900 6 Heritage Park & Museum (Old St. Raymond Church & Schoolhouse) 6600 Donlon Way 1 X X Monthly $70 $840 7 Historic Park (Kolb House) 6600 Donlon Way 1 X x Monthly $60 $720 8 The WAVE 4201 Central Parkway 1 X X Monthly $125 $1,500 9 City Corporation Yard 5709 Scarlett Court 1 X Monthly $75 $900 10 Fire Station 16 7494 Donohue Drive 1 X X Monthly $60 $720 11 Fire Station 17 6700 tiladigan Drive 1 X X tt/onthly $60 $720 12 Fire Station 18 4800 Fallon Road 1 X X Monthly $60 $720 TOTAL:$895 $11,340 X 4.4.f Packet Pg. 208 At t a c h m e n t : 6 . A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y Laura Borjon From: Sent: To: Cc: Subject: Gary Fonzi < gfonzi@advancedipm.com> Wednesday, November 6, 2019 4:15 PM Laura Borjon Dean McDonald RE: Amendment #1 to Contract Services Agreement with AIPM D:925-348-3544 O: 925-969-7586 E: gfonzi@advancedipm.com Hi Laura- Looks good to me- I could not even locate any changes but not concerned. Thanks Laura! Thank You, Gary Fonzi Commercial Account Manager AD D P M@EE advancediom.com We're hirino! View Advanced IPM Careers. Laura Borjon Administrative Aide City of Dublin 100 Civic Plaza, Dublin, CA 94568 (92s) 833-6630 I (925) 829-92'+8 FAX laura.borion@dublin.ca.gov I www.dublin.ca.gov Mission Stotemenr The C)ty of Dublin promotes ond supports o high quolity of life, ensures o sde ond seanre environment, ond fosters new oppottunities. Ttre information contained in this communication is confidentiat and intended onty for the use of the recipient named above, and may be legally prrvileged and exempt from disctosure under applicable taw. tf the reader of this message is not the intended recipient or you have received this communicatian in error, please delete this communication immediately' From: La ura Borjon [ma ilto: La ura. Borjon@dublin.ca.gov] Sent: Monday, Novemb er 4, 2Ot9 t:22 PM To: Gary Fonzi <gfonzi@advancedipm.com> Cc: Dea n McDona ld <Dean.McDona ld @dublin.ca.gov> subject: RE: Amendment #1 to contract services Agreement with AIPM HiGary, Thank you, I look forward to hearing from you soon Thanks again, {h DUBLIN rl ,,]; , TH€ HS1nr AHCRICAN SACKYARD 1 4.4.f Packet Pg. 209 At t a c h m e n t : 6 . A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y From: Gary Fonzi <gfonzi@advancedipm.com> Sent: Monday, November 4,2OL9 9:37 AM To: Laura Borjon <Laura. Borion @dubl in.ca.sov> Cc: Dean McDonald <Dea n. McDona ld @d u bli n.ca.gov> Subject: RE: Amendment #1 to Contract Services Agreement with AIPM Hi Laura- I have received the amendment & will address ASAP Thank You, A Dp E@EB PUBLIN i. ;, j . Tlif Nfw AHERICANgACKYITRg Gary Fonzi Commercial Account lVlanager' D: 925-348-3544 O: 925-969-7586 E: qfonzi@advancedipm.com advancedipm.com We're hirinq! View Advanced IPM Careers. The information contained in this communication is confidential and intended only for the use of the recipient named above. and ntay be tegatly privileged and exempt from disclosure under applicable law. lf the reader of this rnessage is not the rntended recipient.or you have received this communication in error, please delete this communication immediately. From: Laura Borjon [ma ilto: La ura. Borion @d u bl in.ca.gov] Sent: Friday, November L,2Ot9 3:51 PM To: Gary Fonzi <gfonzi(Oadvancedipm.com> Cc: Dean McDonald <Dean.McDonald@dublin.ca.sov> Subject: Amendment #1to Contract Services Agreement with AlpM Good afternoon Gary, During the routing of the signed amendments, our City Manager's Office caught some discrepancies which were corrected in the attached Amendment. Please review the revised version and let me know if it is acceptable to you at your earliest convenience. lf you are okay with the revisions (the intent of the amendment remains the same), I will print the new version and attach to the signature pages you submitted. Thank you, Laura Borjon Administrative Aide City of Dublin 100 Civic Plaza, Dublin, CA 94568 (92s) 833-6630 | (e2s) 82e-e248 FAX laura.borjon@dublin.ca.gov I www.dublin.ca.gov Mission Stotement' The Gty of Dublin promotes ond supports a high quotity of life, ensures o sofe ond secure environment, ond Bsters new opportunities. 2 4.4.f Packet Pg. 210 At t a c h m e n t : 6 . A m e n d m e n t 1 t o C o n t r a c t S e r v i c e s A g r e e m e n t w i t h A d v a n c e d I n t e g r a t e d P e s t M a n a g e m e n t ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y Budget Change Reference #: From Un-Appropriated Reserves Budget Transfer Between Funds From Designated Reserves Other Reimbursement Account Amount Account Amount 190106.4000.4005 (1001.1901.64006)$152,358 190106.0107 (1001.1901.49141 - Reimbursement)$152,358 190106.0104 (1001.1901.49131 - Misc. Revenues)$10,665 1/14/2020 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN Increase in building maintenance contract services budget due to the approval of Intergovernmental Support Agreement for Municipal Services with Camp Parks, the increase in expenditure will be offset by reimbursement from the U.S. Army. REASON FOR BUDGET CHANGE FISCAL YEAR 2019-20 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT REV: General Fund - Non-Dept EXP: General Fund - Non-Dept - Building Maintenance (Additional Services) City Council's Approval Required G:\Budget Changes\12_2019-20\City Council\06_190106 Camp Parks_011420 06_190106 Camp Parks_011420 4.4.g Packet Pg. 211 At t a c h m e n t : 7 . B u d g e t C h a n g e F o r m ( C o n t r a c t A m e n d m e n t s f o r T r i V a l l e y J a n i t o r i a l a n d A d v a n c e d I P M ) Page 1 of 9 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Grafton Plaza Daycare and Retail Project (PLPA-2018-00010) Prepared by: Robert Smith, Associate Planner EXECUTIVE SUMMARY: The Applicant, Eddie Li, is requesting approval to construct three commercial buildings with a total of 31,860 square feet (sf), including two retail buildings (16,038 sf and 6,055 sf) and one daycare building (9,767 sf) on a 3.68 -acre site within the Grafton Plaza project located at the southeast corner of Dublin Boulevard and Grafton Street. This project builds out the final phase of the Grafton Plaza master plan. The application includes amendments to the existing Planned Development Zoning Stage 1 and Stage 2 Development Plans, a Site Development Review Permit for the proposed improvements, and a Minor Use Permit for a parking reduction for shared parking. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and take th e following actions: a) Waive the reading and INTRODUCE an Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with Amended Stage 1 and Stage 2 Development Plans for the Grafton Plaza Daycare and Retail Project; and b) adopt the Resolution Approving a Site Development Review Permit for Construction of Three Commercial Buildings With a Total of 31,860 Square Feet on 3.68 Acres and a Minor Use Permit to Allow a Parking Reduction for Shared Parking for the Grafton Plaza Daycare and Retail Project. FINANCIAL IMPACT: There will be no financial impact to the City. All costs associated with processing the applications are borne by the Applicant. DESCRIPTION: Background Grafton Plaza is a 12.23-acre mixed-use development located at the southeast corner of Dublin Boulevard and Grafton Street (see Figure 1 below). The 3.68 -acre project site is the last remaining development area within the larger Grafton Plaza project. The project site has a General Plan Land Use Designation of Mi xed Use 2/Campus Office 6.1 Packet Pg. 212 Page 2 of 9 and has Planned Development Zoning. The project site is relatively flat and undeveloped. In June 2010, the City Council approved a General Plan Amendment and Planned Development Zoning District with a Stage 1 Development Plan (Ord inance No. 10-10) for the 12.23-acre Grafton Plaza project to allow a mixed-use development as Option 1 and a campus/office development as Option 2. The approved development plan allows a range of commercial uses such as retail and tutoring/educational ser vices, professional and administrative offices, hotel, entertainment, and eating and drinking establishments. The property owner chose to proceed with development under Option 1 to create a mixed-use development. The City Council held several Study Sessions to review the proposed master plan for Grafton Plaza, and in April 2016, approved a Planned Development Zoning Stage 2 Development Plan (Ordinance No. 05-16) for the site. The Planned Development Zoning serves as a master plan for a coordinated and integrated mixed-use development with sites for a hotel, 115 townhomes, and a retail commercial center with 34,500-55,400 square feet of development. The Stage 2 Development Plan established the overall site plan including vehicular access and circulation, general siting of the buildings, on-site circulation, and an overarching priority to create a pedestrian -focused development. The 127-room, 63,298-square-foot Aloft hotel is complete, and the 115- unit Apex townhouse project is under construction. The Applicant, Eddie Li, is proposing to construct the third and final phase of Grafton Plaza, which is the retail commercial component. The proposed project implements the master plan and includes three commercial buildings totaling 31,860 square feet, including two retail buildings with 16,038 square feet and 6,055 square feet, respectively, and a daycare building with 9,767 square feet and an integrated outdoor play area. The current request for the proposed project includes: - Planned Development Zoning – Minor amendments to the Planned Development Zoning Stage 1 and Stage 2 Development Plans. - Site Development Review Permit – Site Development Review Permit for three commercial buildings and associated site improvements, including landscaping, trash enclosures, pedestrian and bicycle facilities, plazas, and stormwater capture. - Minor Use Permit – Minor Use Permit to allow a reduction in parking of 16 parking stalls for shared parking. 6.1 Packet Pg. 213 Page 3 of 9 Figure 1 – Location Map ANALYSIS: Planned Development Rezone The application includes minor amendments to the approved Planned Development (PD) Zoning Stage 1 and Stage 2 Development Plans to amend the list of permitted uses and to make minor modifications to the site plan. The PD established permitted and conditionally permitted uses. This project proposes to amend the list of permitted and conditionally permitted uses (Attachment 1 – Exhibit A) to add daycare as a permitted use consistent with other similar City zoning districts. The use would be added with the requirement for a Zoning Clearance or Minor Use Permit to evaluate compliance with the development standards for daycare facilities contained in Dublin Municipal Code Chapter 8.82. The PD established a site plan which among other things identifies the location of buildings along Grafton Street and along the southern boundary of the commercial area. The PD also established vehicular and pedestrian access points, paseos, common gathering and open space plaza areas, and coordinated architectural elements . The intent of the PD is to create an integrated mixed-use development (see Figure 2 below). Apex Residential Aloft Hotel Grafton Plaza 6.1 Packet Pg. 214 Page 4 of 9 The proposed project includes minor adjustments to building siting and footprints . Therefore, the application includes minor amendments to the PD to relocate the east- west pedestrian pathway shown on the approved site plan. No changes are proposed to the approved vehicular access. As proposed, this minor revision to the site plan would be consistent with the development regulations in the Stage 2 Development Plan and overall intent to maximize commercial opportunities in the area. Refer to the Site Development Review Permit, below, for further analysis of the site plan. Figure 2 – Existing and Proposed Site Plan EXISTING STAGE 2 SITE PLAN PROPOSED AMENDMENT An Ordinance approving amendments to the Planned Development Zoning Stage 1 and Stage 2 Development Plans for Grafton Plaza is included as Attachment 1. Site Development Review Permit Site Plan The proposed site plan would provide interconnected pedestrian and vehicular circulation throughout the site and connections to adjacent developments. As previously noted, minor adjustments to building siting and footprints are proposed requiring the relocation of a pedestrian pathway that would traverse the site east to west to connect Grafton Street and the residential component of the project. The pathway would be relocated approximately 50 feet to the north and located on the north side of “Retail B” and the day care building. Additional pedestrian connections would remain for the north to south pathway from Dublin Boulevard to the Water Quality Basin. Vehicular access to the proposed surface parking lot on the project site would be provided from the driveway off Summit Road consistent with the Site Plan approved for Grafton Plaza. Summit Road is accessed from Dublin Boulevard and is designed to serve this project and the Apex residential development. Circulation for all parcels within the overall Grafton Plaza mixed-use project is interconnected including along Grafton Street, allowing both pedestrians and vehicles to navigate through the entire property. Refer to Figure 3. 6.1 Packet Pg. 215 Page 5 of 9 The site has frontages on both Dublin Boulevard and Grafton Street. However, it is the intention of the Planned Development for buildings to be oriented along Grafton Street, adding to the ‘Main Street’ feel and contributing to the existing commercial operators on the west side of the street. Both retail buildings would be orientated toward Grafton Street and the daycare building would be located centrally on the project site without street facing frontage. Integration among the three projects that comprise the Grafton Plaza Planned Development (i.e., the Aloft Hotel, Apex residential townhouses, and proposed retail and daycare buildings) includes: 1) a motor court plaza with enhanced pavement centrally located on-site; 2) a linear ’Plaza’ element between the commercial and hotel uses that extends across Grafton Street to Summit Road; and 3) a pase o element between the hotel and residential uses. The paseo would provide a link to the trail accessing the Water Quality Basin to the south (visual open space). Architecture The proposed buildings are designed to conform to the Grafton Plaza Architectura l Guidelines and would be compatible with the Apex residential townhouse and Aloft Hotel projects. The overall form of the two buildings fronting Grafton Street are reflective of the ‘Main Street’ appearance of the existing buildings with the centrally loc ated daycare building promoting a more modern design while retaining the high design quality, theme colors, and materials of the surroundings. The retail and daycare buildings are generally single-story with architectural features providing vertical Figure 3: Site Plan 6.1 Packet Pg. 216 Page 6 of 9 articulation, varying roof forms, heights, articulated corner elements, and changes in roof forms. The majority of buildings in the project would be single -story, 35 feet high, with taller architectural features at approximately 50 feet, which would be below the height limit evaluated for the California Environmental Quality Act (CEQA) analysis of 55 feet. The varying forms and mass of the buildings generate interest throughout the project. The prominent colors of the buildings are natural earth tones with brick accenting throughout, along with clear glazing and projecting canopies. The daycare building is designed with graphic inserts to provide a visual queue to the educational use of the building. Figure 4 shows proposed illustrative architectural elevations. Figure 4: Architectural Elevations Retail uses are proposed to front Grafton Street, with public access for future businesses. Exterior materials include textured stucco finish, brick, and metal accents. Horizontal and vertical variation through canopies, alternating parapet heights and roof feature elements. Pedestrian entries to the commercial areas are defined with prominent glass entryways and pronounced entrances. Decorative features and materials are also added to provide interest to the building . Landscape The preliminary landscape plan includes a conceptual plant pallet with a variety of trees, including 24-inch and 36-inch box trees along the perimeter of the site, within parking islands and in front of commercial facades. The interior of t he site would be accented with a mix of one-gallon to five-gallon shrubs. New landscape areas are proposed with a variety of drought tolerant plants suitable for low maintenance and water conserving efforts. The pedestrian connections running to the east -west and north-south would be lined with landscaping to enhance the pedestrian experience. On the north -south connection to the Water Quality Basin, a bioretention area is proposed to be introduced. In order to retain the amenity value of this space, the landscaping would be enhanced to provide a planting plan, walkway, and amenity features such as benches, as provided on Sheets L1.1-L3.2 of the Project Plans (Attachment 3 – Exhibit A to Attachment 2). 6.1 Packet Pg. 217 Page 7 of 9 Public Art Compliance The applicant intends to satisfy the City’s public art requirement through the payment of in-lieu fees secured by a condition of approval. Minor Use Permit Parking requirements for the proposed development are regulated by the Zoning Ordinance (Section 8.76.080.D). The parking requirem ents for the project are the sum of the different uses. The following table illustrates the number of parking stalls that are required for the use. Table 1: Required Parking Use Parking Requirement Total Area Required Number of Parking Stalls Daycare Center 1 per employee 1 per company vehicle 1 loading space for every 5 children 17 employees 0 vehicles 160 students 17 0 32 General Retail 1 per 300 square feet 6,193 square feet 21 Eating and Drinking Establishment 5,900 square feet accessible to customers 1 space per 100 square feet of accessible plus 1 space per 300 square feet of not accessible 59 10,000 square feet not accessible to customers 33 Total Stalls Required 162 Total Stalls Provided 146 In order to allow the proposed use with les s than the required number of parking spaces on-site, the Applicant is requesting a parking reduction. DMC Section 8.76.050 (Parking Reductions for Shared Parking) provides that when shared off -street parking is proposed between two or more adjacent use types, a reduction in off-street parking requirements (from the sum of the parking required by each use type) may be granted with a Minor Use Permit if each of the following standards are met: 1) The Minor Use Permit findings can be made; 2) A sufficient number of spaces are provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency; 3) Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other; 4) Overflow parking will not adversely affect any adjacent use; and 5) Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Community Development Director are executed to assure that the requirement parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions, or other agreements. 6.1 Packet Pg. 218 Page 8 of 9 A Shared Parking Analysis was prepared by Fehr and Peers, dated May 2019 (Attachment 4 – Exhibit B to Attachment 2), and reviewed by the City’s Transportation and Operations Manager. The Study concludes that Transportation Demand Management measures can be incorporated to ensure adequate parking is provided for the greatest parking demands at the site. Recommended measures to support the parking reduction are included as Conditions of Approval. These include a requirement that 17 off-site parking spaces along Zenith Avenue and Summit Road be designated for employees (Monday to Friday 7.00 a.m. to 6.00 p.m.), six spaces within the parking lot be designated loading zones with a 10 -minute stopping restriction (Monday to Friday 7:00 a.m. to 6:00 p.m.) and the remaining stalls (119 spaces) be open to visitor parking. Adjacent sites would not be affected; however, measures are included to accommodate reciprocal agreements with neighboring sites, should off -site parking be required. The recommendations of the Shared Parking Analysis have been accepted by the Applicant, including the Conditions of Approval. A Resolution approving the Site Development Review Permit and Minor Use Permit is included as Attachment 2. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLANS, AND ZONING ORDINANCE: The project is consistent with the General Plan land use designation of Mixed Use/Campus Office which allows a range of commercial uses including regional- and community-serving retail uses, professional and administrative offices, hotel, entertainment, and eating and drinking establishments. The General Plan encourages projects to relate well to the surrounding developments, and the proposed project is compatible with the surrounding neighborhood that includes commercial a nd residential uses. The proposed project is consistent with the Eastern Dublin Specific Plan because the Plan states that regionally-oriented commercial uses should be located south of Dublin Boulevard and near freeway interchanges where convenient vehicu lar access will limit traffic impacts to the rest of Dublin and the commercial center is intended to serve the community as well as the region. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Dep artment, and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 2). ENVIRONMENTAL REVIEW: In accordance with the requirements of the CEQA, two Initial Studies/Mitigated Negative Declarations (MNDs) were previously prepared and adopted to address environmental concerns associated with development of Grafton Plaza. Based on a review of the project, no further environmental document is needed because the environmental impacts of this project were fully addressed in the previous MNDs. There is no 6.1 Packet Pg. 219 Page 9 of 9 substantial evidence in the record that any new effects would occur to trigger supplemental environmental review under CEQA Guidelines Section 15162. PLANNING COMMISSION REVIEW: The Planning Commission considered this project at their meeting on D ecember 10, 2019, and by a vote of four to one recommended that the City Council deny the project. No members of the community addressed the Commission. The Planning Commission expressed concern regarding: 1) on-site circulation, including how drop-off/pick-up of children associated with the proposed daycare facility would function and the previously established point of access to the site from Dublin Boulevard via Summit Road; 2) traffic from the project particularly in the morning when parents are droppin g off children at the daycare facility, combined with residential traffic from Apex; and 3) the previously approved building locations which lack a building along Dublin Boulevard, and the orientation of buildings with access from the parking area and turning their backs on Grafton Street. The Planning Commission Resolutions recommending denial of the project are included in Attachment 5. PUBLIC NOTICING: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the project site. A public notice also was published in the East Bay Times and posted at several locations throughout the City. A Planning Application sign was posted on the project site and the project was also included on the City’s development projects webpage. A copy of this Staff Report has been provided to the Applicant. ATTACHMENTS: 1. Ordinance Amending the Planned Development for Grafton Daycare and Retail 2. Resolution Approving the Site Development Review and Minor Use Permit 3. Exhibit A to Resolution - Project Plans 4. Exhibit B to Resolution - Shared Parking Assessment 5. Planning Commission Resolutions No. 19-13 and 19-14 6.1 Packet Pg. 220 1 ORDINANCE NO. xx – 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT WITH AMENDED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS FOR THE GRAFTON DAYCARE AND RETAIL PROJECT APN 985-0061-018 PLPA 2018-00010 The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Applicant, Eddy Li, is proposing to construct three commercial buildings totaling 31,860 square feet on a 3.68-acre site within a portion of the 12.23-acre Grafton Plaza site. The proposed development and applications are collectively known as the “Project.” B. The project site is located south of Dublin Boulevard between Summit Road and Grafton Street within the Eastern Dublin Specific Plan area, and more specifically within the Grafton Plaza Planned Development. C. On May 18, 2010, the City Council approved a Planned Development Rezone with related Stage 1 Development Plan for Grafton Plaza which included the subject site (Ordinance No. 10-10). On April 19, 2016, the City Council approved the Stage 2 Development Plan (Ordinance No. 05-16). The subject site was identified in the approved Ordinance as Commercial. D. On May 18, 2010, the City Council adopted a Mitigated Negative Declaration (MND) by City Council Resolution No. 75-10 in connection with approval of the Grafton Plaza Planned Development Rezone and related Stage 1 Development Plan. E. In compliance with California Environmental Quality Act (CEQA), the project was examined to determine if another environmental document should be p repared. The analysis concluded that the environmental impacts of the Project were analyzed in the previous MND. There is no substantial evidence in the record that any new effect s would occur, that any new mitigation measures would be required, or that an y of the conditions triggering supplemental environmental review under CEQA Guidelines Section 15162 exists. F. Following a properly noticed public hearing on December 10, 2019, the Planning Commission adopted Resolution 19-13, recommending denial of the Planned Development Rezone and related amendments to the previously approved Stage 1 and Stage 2 Development Plans, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours. G. A Staff Report dated January 14, 2020, and incorporated herein by reference, described and analyzed the Project, including the Planned Development Rezone and related amendments to the previously approved Stage 1 and Stage 2 Development Plans, for the City Council. 6.1.a Packet Pg. 221 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g t h e P l a n n e d D e v e l o p m e n t f o r G r a f t o n D a y c a r e a n d R e t a i l ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 H. On January 14, 2020, the City Council held a properly noticed public hearing on the project, including the proposed Planned Development Rezone and related amendments to the previously approved Stage 1 and Stage 2 Development Plans, at which time all interested parties had the opportunity to be heard. SECTION 2. FINDINGS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Project PD-Planned Development meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan. 2. Development of the Project under the PD-Planned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide new commercial uses in an area that has similar uses nearby and is also adjacent to existing and future workplaces and residential neighborhoods promoting pedestrian and circulation linkages from surrounding uses. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The PD-Planned Development zoning for the Project will be harmonious and compatible with existing and potential development in the surrounding area in that: - The Project is planned as an integrated portion of a mixed-use community with distinct but coordinated commercial, hotel and residential uses, and with development standards tailored to the specific needs of each use while maintaining the common areas and interconnections that unite the project elements. - Unifying landscape and architectural treatments and elements link the commercial, hotel and residential uses. - The Project provides interconnected pedestrian and vehicular circulation, interspersed with public plaza’s and open spaces. This layout, in addition to the designated land uses and design guidelines, provide places to shop, stroll, and meet family and friends in a vibrant, comfortable, and contemporary setting. - Truck traffic patterns are designed to avoid any future residential area(s) and the conventional retail/commercial streetscape along the Grafton Street extension while still serving the needs of the retail tenants. 2. The project site is physically suitable for the type and intensity of the zoning district being proposed in that the project site is flat with improved streets and served by existing public utilities. The project site conditions were documented in the Mitigated Negative Declaration (MND) that was previously adopted, and the environmental impacts that have been identified will be mitigated to the greatest degree possible. There are no site challenges that were identified in the MND that will present an impediment to utilization of the site for the intended purposes. There are no major physical or topographic constraints 6.1.a Packet Pg. 222 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g t h e P l a n n e d D e v e l o p m e n t f o r G r a f t o n D a y c a r e a n d R e t a i l ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 3 and, thus, the site is physically suitable for the type and intensity of the commercial uses approved through the PD zoning. 3. The PD-Planned Development zoning will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that the Project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 4. The PD-Planned Development zoning is consistent with and in conformance with the Dublin General Plan, in that the proposed commercial center is consistent with the Mixed Use/Campus Office land use designation for the site. C. On May 18, 2010, the City Council adopted a Mitigated Negative Declaration (MND) by City Council Resolution No. 75-10 in connection with approval of the Grafton Plaza Planned Development Rezone and related Stage 1 Development Plan. Pursuant to CEQA, the Project was examined to determine if any further environmental review is required. SECTION 3. AMENDMENTS TO THE EXISTING STAGE 1 & STAGE 2 DEVELOPMENT PLANS 1. Statement of proposed uses: Option 1: Mixed Use Residential Development The following use is added as a permitted use with the submission of a Zoning Clearance or Minor Use Permit for Grafton Plaza: - Day Care Center (15+ persons) (see Dublin Municipal Code Section 8.82). 2. Site area, proposed densities, size and new area (Parcel 3) The square footage associated with the buildings/uses on Parcel 3 is amended to read as follows (refer to the Site Plan for the general location of these facilities): Parcel Use Acres Use Approved SF FAR Parcel 1 Residential 6.55 115 units 218,412 .20 Parcel 2 Hotel 2.00 127 rooms 63,298 .11 Parcel 3 Retail 3.68 3 buildings 31,860 Subtotal 12.23 337,110 .31 Water Quality Pond 13.10 drainage 0 0 Total 25.33 337,110 .31 Development of the project site may occur in phases over time provided that adequate parking is provided to support the development using shared parking. Modifications to the proposed size of individual buildings may be approved by the Community Development Director. Letters and numbers shown in the table above do not imply sequence of timing or phasing. 6.1.a Packet Pg. 223 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g t h e P l a n n e d D e v e l o p m e n t f o r G r a f t o n D a y c a r e a n d R e t a i l ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 4 The remaining improvements are envisioned to be constructed in one phase as shown below and on the Site Plan. The location, size and configuration of buildings and improvements is conceptual in nature and may be adjusted. Improvements on Parcel 3 include the following: • Retail Building A; • Retail Building B; • Daycare Building. Anticipated New building area (gross square feet): • Building A: 16,038 SF • Building B: : 6,055 SF • Daycare Building: 9,767 SF Total: 31,860 SF 3. Amended Site Plan. The Site Plan is amended as shown below: 6.1.a Packet Pg. 224 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g t h e P l a n n e d D e v e l o p m e n t f o r G r a f t o n D a y c a r e a n d R e t a i l ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 5 4. Amended Landscape Plan The landscape plan is amended as shown below: 5. Amended Vehicular and Pedestrian Circulation. The vehicular and pedestrian circulation plan is amended as shown below: 6.1.a Packet Pg. 225 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g t h e P l a n n e d D e v e l o p m e n t f o r G r a f t o n D a y c a r e a n d R e t a i l ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 6 Commercial preliminary vehicle and pedestrian circulation plan. SECTION 4. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. 6.1.a Packet Pg. 226 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g t h e P l a n n e d D e v e l o p m e n t f o r G r a f t o n D a y c a r e a n d R e t a i l ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 7 SECTION 5. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days following its adoption. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _____ day of _______, 2020, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk 6.1.a Packet Pg. 227 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g t h e P l a n n e d D e v e l o p m e n t f o r G r a f t o n D a y c a r e a n d R e t a i l ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - RESOLUTION NO. 20-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR CONSTRUCTION OF THREE COMMERCIAL BUILDINGS WITH A TOTAL OF 31,680 SQUARE FEET ON 3.68 ACRES AND A MINOR USE PERMIT TO ALLOW A PARKING REDUCTION FOR SHARED PARKING FOR GRAFTON PLAZA DAYCARE AND RETAIL PROJECT APN 985-0061-018 PLPA-2018-00010 WHEREAS, the Applicant, Eddy Li, is proposing to construct three commercial buildings totaling 31,860 square feet on a 3.68-acre site within a portion of the 12.23-acre Grafton Plaza site. The proposed development and applications are collectively known as the “Project;” and WHEREAS, the applications include amendments to the Planned Development Zoning Stage 1 and Stage 2 Development Plans, a Site Development Review Permit and a Minor Use Permit; and WHEREAS, the project site is located at the southeast corner of Dublin Boulevard and Grafton Street within the Eastern Dublin Specific Plan area, and more specifically within the Grafton Plaza Planned Development; and WHEREAS, on May 18, 2010, the City Council adopted a Mitigated Negative Declaration (MND) by City Council Resolution No. 75-10 in connection with approval of the Grafton Plaza Rezone and Stage 1 Development Plan; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project was examined to determine if another environmental document should be prepared. The analysis concluded that the environmental impacts of the Project were analyzed in the previous MND. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines Section 15162 exists; and WHEREAS, a Staff Report was presented to Planning Commission dated December 10, 2019, recommending that the City Council approve the proposed Project; and WHEREAS, on December 10, 2019, the Planning Commission held a properly noticed public hearing on the Project, at which time all interested parties had the opportunity to be heard; and WHEREAS, on December 10, 2019, the Planning Commission adopted Resolution 19-14 recommending that the City Council deny proposed amendments to the Planned Development Zoning Stage 1 and Stage 2 Development Plans related to the Project; and WHEREAS, the Planning Commission adopted Resolution 19 -14 recommending that the City Council deny the Site Development Review Permit and Minor Use Permit for the Project; and 6.1.b Packet Pg. 228 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 of 30 WHEREAS, on January 14, 2020, the City Council held a duly noticed public hearing on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated January 14, 2020 and incorporated herein by reference, described and analyzed the Project; and WHEREAS, the City Council did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth before approving the Project; and WHEREAS, following the public hearing, the City Council adopted Ordinance xx -19 approving the Planned Development Rezone with amended Stage 1 and Stage 2 Development Plans. The above Ordinance is incorporated herein by reference and is available for review at City Hall during normal business hours. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review Permit for the Grafton Plaza Daycare and Retail Project, located at Grafton Plaza: A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance, General Plan and any applicable Specific Plans and design guidelines because : 1) the project is in compliance with General Plan, Eastern Dublin Specific Plan and Stage 1 and Stage 2 Development Plans, except as amended, related to Ordinance No. 10-10 and Ordinance No. 05-16. The project complies with the development standards of the City Council Ordinance No. 05-16, including setbacks, floor area ratio, height, and architectural standards, among other development standards. The project provides an orderly, attractive and harmonious development compatible with the site’s surrounding properties and neighborhoods. The development gives thought ful consideration to building location, architecture, design, landscaping theme, access, circulation, parking and traffic impact; 2) the project is utilizing traditional building forms with contemporary, high-quality materials and finishes in compliance with the design guidelines of the Stage 2 Development Plan, Eastern Dublin Specific Plan and Community Design and Sustainability Element of the General Plan; 3) the proposed project will conform to the design and allowable uses as stated in the Stage 2 Development Plan as required by Section 8.104.020.B of the Dublin Zoning Ordinance as amended; and 4) the project includes pedestrian and bicycle pathways providing a connection to adjacent developments. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the architecture and landscape design for the project provides an appropriate pedestrian scale with the proposed site planning, building layouts, landscaping and parking well suited to future uses; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed project is consistent with the Eastern Dublin Specific Plan in that more intensive us es are located south of Dublin Boulevard and easily accessible from nearby freeway interchanges where convenient vehicular access will limit traffic impacts to the rest of 6.1.b Packet Pg. 229 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 3 of 30 Dublin; 4) the proposed development is compatible with the General Plan land use designation of Mixed Use/Campus Office with the amendment for daycare use within the Stage 1 Development Plan as a permitted use; and 5) is compatible with the surrounding neighborhood that includes residential and commercial uses and the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot(s) in which the project is proposed because: 1) the design of the proposed buildings and associated improvements provide for a seamless transition with the existing development and circulation pattern of Grafton Plaza; 2) the size and mass of the proposed buildings and the overall design are appropriate; and 3) the project will expand the commercial opportunities in this area. D. The subject site is suitable for the type and intensity of the approved development because: 1) the project is within the floor area ratio requirements of the Stage 1 Development Plan; 2) the project provides for its own infrastructure and required services and is designed to include sufficient vehicular and pedestrian access, with a reduction of parking for shared parking to support the uses; and 3) the proposed building sizes and configuration would not exceed allowable building area or create adverse conditions on-site or for surrounding properties. E. Impacts to existing slopes and topographic f eatures are addressed because: 1) the project site is generally flat; 2) the roadway and utility infrastructure to serve the site already exists; and 3) future approval of grading and improvement plans will enable the site to be modified to suit the project, with landscaping throughout the project site which will be developed in accordance with City policies and regulations. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the architectural style and materials will enhance and compliment the architectural style, colors, and materials being utilized on other commercial projects in the direct vicinity; 2) the project is utilizing traditional building forms with contemporary, high-quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan; and 3) the size and scale of the development will be similar to other buildings in the project vicinity. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the Preliminary Landscape Plan for the project site emphasizes the pedestrian connections to the east/west and north/south with connections from the Water Quality Basin to Dublin Boulevard, as well as providing streetscape enhancements; 2) landscaping will be provided around the perimeter; and 3) the project perimeter and interior landscaping is consistent with other commercial development in the vicinity and conforms to the requirements of the City’s Water Efficient Landscape Ordinance. 6.1.b Packet Pg. 230 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 4 of 30 H. The site has been adequately designe d to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) the proposed layout of the parking area has been reviewed for circulation and safety; and 2) development of this project will integrate into the existing circulation and development pattern of the larger area. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby makes the following findings and determinations regarding the Minor Use Permit to allow a parking reduction for shared parking related to a proposed daycare and retail project, located at Grafton Plaza: A. The proposed use and related structures are compatible w ith other land uses, transportation and service facilities in the vicinity in that: 1) the project is located in the PD zoning district where daycare and retail use is permitted; 2) the proposed use is adjacent to a variety of other commercial uses; and 3) transportation and services will not be impacted as evaluated in the Shared Parking Assessment. B. The proposed use meets the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could include a parking reduction for shared parking, in that: 1) the parking regulations of DMC Section 8.76.080 require parking of 162 spaces, where 146 spaces are provided; 2) the Minor Use Permit establishes a parking reduction for shared parking based on the evidence of the Shared Parking Assessment, which provides mitigation measures sufficient to accommodate the proposed uses; 3) the site has sufficient space for the peak weekday and peak weekend demand for tenants with the implementation of a number of mitigation approaches; and 4) should the future tenants of the proposed spaces generate increased peak hour parking demand, further measures are proposed for implementation as part of a Transportation Demand Management strategy that allows operators to adopt measures to assure parking requirements are sufficient for the commercial center. C. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety, and welfare in that: 1) the proposed use will be adequately conditioned to ensure that the operation has no recognizable negative impact on the other existing uses in the area; 2) sufficient space to accommodate increased visitors is provided within the existing parking spaces where mitigation measures are adopted; and 3) the parcel is surrounded by existing residential and hotel uses and is conforming with the City of Dublin regulations. D. It will not be injurious to property or improvements in the neighborhood in that: 1) the proposed project will comply with all the City of Dublin regulations; 2) Conditions of Approval will ensure that the use is compatible with the surrounding neighborhood; and 3) the proposed uses will be conducted within the proposed buildings on a site that will be fully developed. E. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health and safety, and welfare in that: 1) the project site was designed to accommodate a variety of uses; 2) the site plan provides safe pedestrian and vehicle access; and 3) the project site is connected to utilities and services. 6.1.b Packet Pg. 231 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 5 of 30 F. The subject site is physically suitable for the type, density, and intensity of the use and related structures being proposed in that: 1) the existing roadway network, access and parking provision is adequate to serve the proposed use; and 2) the proposed use will occur within the proposed buildings and purpose built external amenity space, on a fully developed site, without detriment to adjoining tenants. G. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the project is located in the PD zoning district and daycare and retail uses are permitted; 2) adequate parking to meet the parking demands with the inclusion of mitigations at the project site is provided; 3) parking regulations require 162 spaces and there is a deficiency of 16 spaces, which is addressed in the Shared Parking Assessment; and 4) the proposed number of parking spaces has been evaluated to be sufficient based on peak hour parking demand and the inclusion of mitigations to apply to the entire center established through the Shared Parking Assessment and included in the Conditions of Approval. H. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the proposed daycare and retail uses are permitted; and 2) the proposed project will result in improvements to the site which will provide a service to the community that is consistent with the intent of the Mixed Use/Campus Office General Plan land use designation. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves the Site Development Review Permit and Minor Use Permit for the Grafton Plaza Daycare and Retail Project as shown on the project plans dated November 21, 2019, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: PLANNING 1. Approval. This Site Development Review (SDR) and Minor Use Permit (MUP) approval is for the Grafton Plaza Daycare and Retail Project proposed on vacant land (APN: 985-0061-018-00) located at the southeast corner of Dublin Boulevard and Grafton Street (PLPA-2018-00010). This approval is for three commercial buildings totaling 31,860 square feet and associated site and landscape PL On-going 6.1.b Packet Pg. 232 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 6 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: improvements. This approval shall be as generally depicted and indicated on the project plans, attached to this Resolution as Exhibit A, prepared by Dahlin Group Architecture|Planners, dated received November 21, 2019, consisting of 29 sheets, on file in the Community Development Department, and other plans (including colors and materials boards) relating to this SDR and as specified by the following Conditions of Approval for this project. 2. Effective Date. This SDR and MUP approval becomes effective once the Planned Development Zoning District has been approved by City Council and is effective. PL On-going 3. Permit Expiration. Construction or use shall commence within one (1) year of approval or the SDR and MUP approvals shall lapse and become null and void. If there is a dispute as to whether the SDR and MUP have expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If the SDR and MUP expire, new applications must be made and processed according to the requirements of the Zoning Ordinance. PL One Year After Effective Date 4. Time Extension. Prior to expiration, the Community Development Director may, upon the Applicant’s written request for an extension of approval, upon the determination that all Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 12 months. The Director of Community Development may grant a maximum of two extensions of approval, and additional extensions may be granted by the original decision maker. PL Prior to Expiration Date 5. Compliance. The Applicant/Developer shall operate this use in compliance with the Conditions of Approval of this SDR and MUP, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. PL On-going 6. Revocation of Permit. The SDR and MUP approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Municipal Code. Any violation of the terms or conditions of this approval shall be subject to citation. PL On-going 7. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Division, Dublin Police Services, Alameda Various Building Permit Issuance 6.1.b Packet Pg. 233 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 7 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Division, indicating that all applicable conditions required have been or will be met. 8. Required Permits. Applicant/Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance and Grading Permit Issuance 9. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. Approved Development Agreement supersedes where applicable. Various Building Permit Issuance 10. Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On-going 11. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the PL, PW On-going 6.1.b Packet Pg. 234 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 8 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: authority to clarify the intent of these Conditions of Approval to the Applicant/Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 12. Modifications. Modifications or changes to this approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Dublin Municipal Code and with the Eastern Dublin Specific Plan. PL On-going 13. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean and litter-free site. PL On-going 14. Equipment Screening. All electrical equipment, fire risers, and/or mechanical equipment shall be screened from public view by landscaping and/or architectural features. Any roof- mounted equipment shall be completely screened from adjacent street view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The building permit plans shall show the location of all equipment and screening for review and approval by the Director of Community Development. PL Building Permit Issuance and Through Completion/ On-going 15. Master Sign Program. A Master Sign Program/Site Development Review Permit shall be reviewed and approved for all project-related signage including, but not limited to, wall signs, monument signs, directional signage, parking signage, speed limit signage, and other signage deemed necessary by the City. The signs shown in the Project Plans are for illustrative purposes only and the full details of the sign sizes, materials, and construction shall be shown in the separate sign package. PL Installation of Project Related Signage 16. Construction Trailer. The Applicant/Developer shall obtain a Temporary Use Permit prior to the establishment of any construction trailer, storage shed, or container units on the Project site. PL Establishment of the Temporary Use 17. Public Art. The project is required to comply with Sections 8.58.05A and 8.58.05D of Chapter 8.58 (Public Art Program) of the Dublin Municipal Code. The Project will make a monetary contribution in-lieu of acquiring and installing a public art project on the property, as provided by the Dublin Municipal Code Section 8.58.050D. The in -lieu contribution shall be as provided in the Dublin Municipal Code, Chapter 8.58. PL Building Permit Issuance 6.1.b Packet Pg. 235 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 9 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 18. Lighting. Lighting is required over exterior entrances/doors. Exterior lighting used after daylight hours shall be adequate to provide for security needs. PL, PW Building Permit Issuance 19. Mitigation Monitoring Program. The Applicant/ Developer shall comply with Mitigated Negative Declaration (MND) adopted by City Council Resolution No. 75-10, including all mitigation measures, action programs, and implementation measures contained therein as applicable to Grafton Plaza. The MND is on file with the Community Development Department. PL On-going 20. Short-Term Bicycle Parking (Racks). Short-term bike racks shall be designed to complement the location in which they are sited (i.e., building architecture or the landscaping areas). The number of bike racks shall be as required by the Green Building Ordinance. Design must have a two - point connection per the Dublin Bicycle and Pedestrian Master Plan. Final design and material sample shall be approved by staff. PL Building Permit Issuance 21. Long-Term Bicycle Parking (Lockers). Any exterior long- term bicycle facility (locker) shall be designed to complement the location in which it is sited (i.e. building architecture or the landscaping areas). The number of bicycle lockers shall be as required by the Green Building Ordinance. Final design and material sample shall be approved by staff. PL Building Permit Issuance PLANNING - LANDSCAPE 22. Final Landscape and Irrigation Plan. A Final Landscape and Irrigation Plan prepared and stamped by a California licensed landscape architect or registered engineer shall be submitted for review and approval by the Community Development Director and shall comply with Section 8.72.030 of the Dublin Municipal Code. Note that the plant species and/or location may need to be modified to comply with the Traffic Visibility Area at the driveway entrances to ensure that taller plants are placed outside the Traffic Visibility Area. PL Approval of Final Landscape Plans 23. Decorative Paving. The material, color and finish of decorative paving materials at driveway entrances shall be approved by the Planning Division (Guidelines 3.5.7). PL Approval of Final Landscape Plans 24. Water Efficient Landscaping Ordinance. The Applicant shall meet all requirements of the City of Dublin's Water - Efficient Landscaping Regulations, Section 8.88 of the Dublin Municipal Code. PL Approval of Final Landscape Plans 25. Sustainable Landscape Practices. The landscape design shall demonstrate compliance with sustainable landscape PL Building Permit 6.1.b Packet Pg. 236 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 10 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: practices as detailed in the Bay-Friendly Landscape Guidelines by earning 60 points or more and meeting the 9 required practices in the Bay-Friendly Landscape Scorecard. Issuance or Approval of Improvement Plans 26. Landscape Screening. Utility areas shall be screened from roadways and walkways. Landscape shall be of a height and density so that it provides a positive visual impact within three years from the time of planting. (DMC Section 8.72.030.A.27) PL Building Permit Issuance or Approval of Improvement Plans 27. Landscape Borders. All landscaped areas in parking areas shall be bordered by a concrete curb that is at least six inches high and six inches wide. Curbs adjacent to parking spaces must be 12 inches wide. All landscaped areas shall be a minimum of six feet in width curb to curb. (DMC Section 8.76.070.A.19) PL Building Permit Issuance or Approval of Improvement Plans 28. Tree Composite Plan. Plans submitted for a building permit shall include a composite plan that shows utility, lighting, joint trench, and tree locations to resolve potential conflicts. PL Building Permit Issuance or Approval of Improvement Plans 29. Street Lights and Trees. Maintain approximately 15 feet of clearance between streetlights and street trees. Where such clearance is not practical for design considerations, the spacing between the trees shall be increased and the size of the trees shall be increased to 36-inch box minimum to reduce the conflict between the lighting and foliage. PL Building Permit Issuance or Approval of Improvement Plans 30. Root Barriers and Tree Staking. The Landscape Plans shall include details for tree root barriers and tree staking in compliance with current City Standard Specifications and Details. PL Building Permit Issuance or Approval of Improvement Plans BUILDING 31. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B Through Completion 32. Phased Occupancy Plan. If occupancy is requested to occur in phases, then all physical improvements within each phase shall be required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased B Occupancy of Any Affected Building 6.1.b Packet Pg. 237 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 11 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 33. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed architect or engineer. All structural calculations shall be prepared and signed by a California licensed architect or engineer. The site plan, landscape plan and details shall be consistent with each other. B Issuance of Building Permits 34. Building Permits. To apply for building permits, Applicant/Developer shall submit electronic drawings and specifications, and the number of hard copies – as determined by the Chief Building Official – for plan check. Each set of plans shall have attached an annotated copy o f these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all necessary non-City agencies prior to the issuance of building permits. B Issuance of Building Permits 35. As-Built Drawings. All revisions made to the building plans during the project shall be incorporated into an “As Built” electronic file and submitted prior to the issuance of the final occupancy. B Prior to Issuance of Building Permits 36. Addressing a. A site plan shall be provided with the City of Dublin’s address grid overlaid on the plans (1:30 scale). All exterior door openings shall be highlighted on plans (front, rear, garage, etc.). The site plan shall include a single large format page showing the entire project and individual sheets for each neighborhood. Three copies on full size sheets and five copies reduced sheets shall be provided. See new address application form for additional requirements. b. Address signage shall be provided as per the Dublin Municipal Code. Prior to Release of Addresses Prior to Permitting 6.1.b Packet Pg. 238 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 12 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: c. Address will be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, four inches in height minimum. Prior to Occupancy 37. Engineer Observation. The Engineer of Record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. B Prior to Scheduling Final Frame Inspection 38. Foundation. Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the approval. B Permit Issuance 39. CAS Reports. Applicant shall obtain the services of a Certified Access Specialist for the review of the construction drawings and inspections for the building interior and site exterior. A written report shall be submitted to the City prior to approval of the permit application. Additionally, a written report shall be submitted to the City Building Inspector prior to scheduling the final inspection. B Prior to Permitting and Occupancy 40. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Chief Building Official and Director of Community Development. B Occupancy of Building 41. Solar Zone – CA Energy Code. The location of the Solar Zone shall be shown on the site plan, including a detail of the orientation. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code. B Through Completion 42. Parking. The required number, design and location of accessible parking stalls shall be as required by the CA Building Code. The design and number of clean air / EV ready stalls shall be as required by the CA Green Building Standards Code. The above information shall be shown on the Architectural drawings B Through Completion 43. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material designed for Cool Roofs. B Through Completion 6.1.b Packet Pg. 239 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 13 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 44. Accessory Structures. Building permits are required for all trash enclosures and associated amenities/structures (trellises) and are required to meet the accessibility and building codes. B Through Completion 45. Flood Plain. Applicant shall provide information showing that the parcel has been removed from the flood plain. B Issuance of Building Permit 46. Plan Ground Equipment. Applicant shall obtain the services of a Plan Ground Safety Inspector. Report from the Play Ground Safety Inspector shall be submitted to the City. B Occupancy 47. Temporary Fencing. Temporary Construction fencing shall be installed along the perimeter of a ll exterior work under construction. B Through Completion 48. Plumbing Fixture Count. The plumbing fixture count (water closets, lavatories, urinals, sinks, and drinking fountains) shall meet the minimum requirements for the new tenant as per the CA Plumbing Code, Tables A and 422.1. Provide the calculations directly on the plans. Fixture for children shall meet the suggested dimensions per CBC Table 11B-604.9. B Prior to permit issuance 49. Copies of Approved Plans. Applicant shall provide City with two reduced (1/2 size) copies of the City of Dublin stamped approved plan. B 30 Days After Permit and Each Revision Issuance FIRE PREVENTION 50. Fire Service Line Locations. No fire service lines shall pass beneath buildings. F Approval of Improvement Plans 51. New Fire Sprinkler System & Monitoring Requirements. In accordance with the Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. a. Sprinkler Plans. Detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations shall be submitted to the Fire Department for approval and permit prior to installation. (Deferred Submittal Item). b. Sprinkler System Components. All sprinkler system components shall remain in compliance with the F Building Permit Issuance 6.1.b Packet Pg. 240 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 14 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. c. Underground Plans. Detailed shop drawings for the fire water supply system, including cut sheets, listing sheets and calculations shall be submitted to the Fire Department for approval and permit prior to installation. All underground and fire water supply system components shall be in compliance with the applicable N.F.P.A. 13, 24, 20, 22 Standards, the CA Fire Code and the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior to the system being connected to any fire protection system, a system flush shall be witnessed by the Fire Department. (Deferred Submittal Item). d. Central Station Monitoring. Automatic fire extinguishing systems installed within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. e. Signage. Fire protection equipment shall be identified with approved signs constructed of durable materials, permanently installed and readily visible. 52. Fire Access During Construction. a. Fire Access. Access roads, turnaround, pullouts, and fire operation areas are fire lanes and shall be maintained clear and free of obstructions, including the parking of vehicles. b. Entrances. Entrances to job sites shall not be blocked, including after hours, other than by approved gates/barriers that provide for emergency access. c. Site Utilities. Site utilities that would require the access road to be dug up or made impassible shall be installed prior to construction commencing. d. Vehicular Access. Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, road surface, bridges/crossings, gates/key- switch, within a 150-foot distance to Fire Lane shall be maintained. e. Personnel Access. Route width, slope, surface and obstructions must be considered for the approved route to furthermost portion of the exterior wall. F During Construction 6.1.b Packet Pg. 241 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 15 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: f. All-weather Access. Fire access is required to be all- weather access. The location of the all-weather access and a description of the construction shall be shown on plans submitted for a building permit. Access roads must be designed to support the imposed loads of fire apparatus 53. Fire Alarm (Detection) System Required. A Fire Alarm- Detection System shall be installed throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NFPA 72, CA Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. Delayed egress locks shall meet requirements of C.F.C. a. Fire Alarm Plans. Detailed drawings of the fire alarm system, including floor plan showing all rooms, device locations, ceiling height and construction, cut sheets, listing sheets and battery and voltage drop calculations shall be submitted to the Fire Department for review and permit prior to the installation. Where employee work areas have audible alarm coverage, circuits shall be initially designed with a minimum 20 percent spare capacity for adding appliances to accommodate hearing impaired employees. (Deferred Submittal Item) b. Central Station Monitored Account. Automatic fire alarm systems shall be monitored by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be approved by the Fire Department. c. Qualified Personnel. The system shall be installed, inspected, tested, and maintained in accordance with the provisions of NFPA 72. Only qualified and experienced persons shall perform this work. Examples of qualified individuals are those who have been factory trained and certified or are NICET Fire Alarm Certified. d. Inspection & Testing Documentation. Performance testing of all initiating and notification devices in the presence of the Fire Inspector shall occur prior to final of the system. Upon this inspection, proof that the specif ic F Occupancy 6.1.b Packet Pg. 242 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 16 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: account is UL Certificated must be provided to the Fire Inspector. 54. Fire Extinguishers. Extinguishers shall be visible and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The number and location of extinguishers shall be shown on the plans. Additional fire extinguishers maybe required by the Fire Inspector. Fire extinguisher shall meet a minimum classification of 2A 10BC. Extinguishers weighting 40 pounds or less shall be mounted no higher than five feet above the floor measured at the top of the extinguisher. Extinguishers shall be inspected monthly and serviced by a licensed concern annually. F Occupancy 55. Key Box. A Fire Department key box shall be installed at the main entrance to the buildings. These locations shall be noted on the plans. The key box should be installed approximately 5½ feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys shall be provided to the Fire Inspector upon the final inspection. The inspector will then lock the keys into the box. F Occupancy 56. Means of Egress. Exit signs shall be visible and illuminated with emergency lighting when building is occupied. F Occupancy 57. Main Entrance Hardware Exception. All entry/exit doors shall be provided with exit hardware that allows exiting from the egress side even when the door is in the locked condition. However, an exception for A-3, B, F, M, S occupancies and all churches does allow key-locking hardware (no thumb-turns) on the main exit when the main exit consists of a single door or pair of doors. When unlocked the single door or both leaves of a pair of doors must be free to swing without operation of any latching device. A readily visible, durable sign on or just above the door stating “This door to remain unlocked” whenever the building shall be provided. The sign shall be in letters not less than one inch high on a contrasting background. This use of this exception may be revoked for cause. F Occupancy 58. Maximum Occupant Load. Posting of room capacity is required for any occupant load of 50 or more persons. F Occupancy 6.1.b Packet Pg. 243 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 17 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Submittal of a seating plan on 8.5” x 11” paper is required prior to final occupancy. 59. Interior Finish. Wall and ceiling interior finish material shall meet the requirements of Chapter 8 of the California Fire Code. Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, the products cut-sheets and packaging that show proof of the product’s flammability and flame-spread ratings shall be maintained. Decorative materials shall be fire retardant. F Occupancy 60. General Inspection. Upon inspection of the work for which this submittal was provided, a general inspection of the business and site will be conducted. F Occupancy 61. Addressing. Addressing shall be illuminated or in an illuminated area. The address characters shall be contrasting to their background. If address is placed on glass, the numbers shall be on the exterior of the glass and a contrasting background placed behind the numbers. The buildings shall be provided with all addresses or the assigned address range so as to be clearly visible from either direction of travel on the street the address references. The address characters shall not be less than five inches in height by one-inch stroke. Larger sizes may be necessary depending on the setbacks and visibility. Where a building has multiple tenants, address shall also be provided near the main entrance door of each tenant space. The address shall be high enough on the building to be clearly visible from the driveway, street or parking area it faces even when vehicles are parked in front of the tenant space. The address shall not be less than five inches in height with a ½-inch stroke. F Occupancy 62. Fire Safety During Construction and Demolition a. Clearance to combustibles from temporary heating devices shall be maintained. Devices shall be fixed in place and protected from damage, dislodgement or overturning in accordance with the manufacturer’s instructions. b. Smoking shall be prohibited except in approved areas. Signs shall be posted “NO SMOKING” in a conspicuous location in each structure or location in which smoking is prohibited. c. Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work. F On-going During Construction and Demolition 6.1.b Packet Pg. 244 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 18 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Flammable and combustible liquid storage areas shall be maintained clear of combustible vegetation and waste materials. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 63. Improvement Plans. Complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD “Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities,” all applicable DSRSD Master Plans and all DSRSD policies. DSRSD Building Permit Issuance 64. Utility Mains. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. DSRSD Building Permit Issuance 65. Sewers. Sewers shall be designed to operate by gravity flow to DSRSD’s existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20-year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. DSRSD Building Permit Issuance 66. DSRSD Fees. Planning and review fees, inspection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules and at time of payment as established in the DSRSD Code. Planning and review fees are due afte r the 1st submittal of plans. Construction Permit and Inspection Fees are due prior to the issuance of a Construction Permit. Capacity Reserve Fees are due before the water meter can be set or the connection to the sewer system DSRSD Building Permit Issuance 67. DSRSD Review of Improvement Plans. All improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans for DSRSD facilities shall contain a signature block for the District Engineer indicating approval of the sanitary sewer and/or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer’s estimate of construction costs for the sewer and water systems, a faithful performance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The DSRSD Building Permit Issuance 6.1.b Packet Pg. 245 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 19 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer 68. Water and Sewer Main Locations. Water and sewer mains shall be located in public streets rather than in off - street locations to the fullest extent possible. If unavoidable, then sewer or water easements must be established over the alignment of each sewer or water main in an off-street or private street location to provide access for future maintenance and/or replacement. DSRSD Building Permit Issuance 69. Waterline Systems. Domestic and fire protection waterline systems for tracts or commercial developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. DSRSD Building Permit Issuance 70. Water and Sewer Line Locations. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. DSRSD Building Permit Issuance 71. Easements. The locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. DSRSD Issuance of Grading Permit, Site Work Permit or Building Permit 72. Easement Dedications. All easement dedications for DSRSD shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. Prior to approval by City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths and restrictions. DSRSD Building Permit Issuance 73. Utility Connection Fees. Prior to issuance by the City of any building permit or construction permit by DSRSD, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. DSRSD Building Permit Issuance 74. Utility Construction Permits. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after completion of DSRSD Building Permit Issuance 6.1.b Packet Pg. 246 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 20 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: the wastewater discharge permit, including the associated fees established by rates and schedules as established by DSRSD. 75. Backflow Prevention Devices/Double Detector Check Valves. Above-ground backflow prevention devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The Applicant shall collaborate with the Fire Department and DSRSD to size and configure the fire system. The Applicant shall minimize the number of backflow prevention devices/double-detector check valve through strategic placement and landscaping. DSRSD Building Permit Issuance and On-going 76. Recycled Water. Recycled water is proposed for use on this project and shall be used if available. However, if available recycled water supplies are insufficient to meet the irrigation demands for the Project, the irrigation demands may be met with potable water. Upon the District’s determination that sufficient supply of recycled water is available at the time of planned connection and the connection is technologically and financially reasonable, the project shall use recycled water for irrigation of large landscape areas. DSRSD Grading Permit or Site Development Permit Issuance 77. Landscape Plans. Development plans will not be approved until landscape plans are submitted for DSRSD review and approval. DSRSD Approval of Final Landscape Plans 78. Capacity Demands. This project will be analyzed by DSRSD to determine if it represents additional water and/or sewer capacity demands on the District. Applicant will be required to pay all incremental capacity reserve fees for water and sewer services as required by the project demands. All capacity reserve fees must be paid prior to installation of water meter for water. If a water meter is not required, the capacity reserve fee shall be paid prior to issuance of a building permit. The District may not approve the building permit until capacity reserve fees are paid. DSRSD Building Permit Issuance and On-going 79. Trash Enclosures. If any trash enclosures are required to drain to the sanitary sewer, grease and sand trap interceptors shall be installed within the trash enclosure area. The trash enclosure shall be roofed and graded to minimize rainwater or stormwater from entering the trash enclosure. DSRSD Building Permit Issuance and On-going 80. Recycled Water Improvement Plans. Improvement plans shall include recycled water improvements as required by DSRSD. Services for landscape irrigation shall connect to DSRSD Grading Permit or Site Development 6.1.b Packet Pg. 247 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 21 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. Availability of recycled water will be determined by District. Permit Issuance 81. Fire Service Lines. Fire service line with hydrants are not allowed to be private fire service line. In addition, this fire service line shall also be looped and tied into the existing water main to the west of the project site to provide service reliability during fire event. DSRSD Grading Permit or Site Development Permit Issuance PUBLIC WORKS – GENERAL CONDITIONS 82. Conditions of Approval. Developer shall comply with the City of Dublin Public Works Standard Conditions of Approval contained below (“Standard Condition”) unless specifically modified by project specific Conditions of Approval below. PW On-going 83. Clarifications and Changes to the Conditions. In the event that there needs to be clarification to these Conditions of Approval, the City Engineer has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. PW On-going 84. Fees. As part of the issuance of any project permits, the Developer shall pay all applicable fees in effect at the time of permit issuance, including, but not limited to: Planning fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary House In-Lieu fees; Alameda County Flood and Water Conservation fees; and any other fees as noted in the Development Agreement. Various Departme nts Grading Permit or Building Permit Issuance 85. Zone 7 Impervious Surface Fees. The Developer shall complete a “Zone 7 Impervious Surface Fee Application” and submit an accompanying exhibit for review by the Public Works Department. Fees generated by this application will be due at issuance of building permit. PW Grading Permit or Building Permit Issuance PUBLIC WORKS – PERMITS 86. Encroachment Permit. Developer shall obtain an encroachment permit from the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the street right -of-way. The encroachment permit may require surety for slurry seal and restriping. PW Start of Work 87. Grading Permit. Developer shall obtain a grading permit from the Public Works Department for all grading. PW Start of Work 6.1.b Packet Pg. 248 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 22 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 88. Permits from Other Agencies. The Developer shall obtain all permits and/or approvals that may be required by other agencies including, but not limited to: • Army Corps of Engineers • US Fish and Wildlife • Regional Water Quality Control Board • Federal Emergency Management Agency • California Department of Fish and Wildlife • California Dept. of Transportation (Caltrans) • Bay Area Rapid Transit (BART) • Dublin San Ramon Services District (DSRSD) • Alameda County Flood Control and Water Conservation District Zone 7 (Zone 7) PW Start of Work PUBLIC WORKS – SUBMITTALS 89. Plan Submittals. All submittals of plans shall comply with the requirements of the “City of Dublin Public Works Department Improvement Plan Submittal Requirements”, the “City of Dublin Improvement Plan Review Check List,” and current Public Works and industry standards. A complete submittal of improvement plans shall include all civil improvements, joint trench, street lighting and on-site safety lighting, landscape plans, and all associated documents as required. The Developer shall not piecemeal the submittal by submitting various components separately. PW Improvement Plan Approval 90. Submittals to Non-City Agencies. Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall review and approve Construction Plan Set. PW Improvement Plan Approval 91. Geotechnical Report. Developer shall submit a design level Geotechnical Report, which includes pavement sections and grading recommendations. PW Improvement Plan Approval, and Grading Plans 92. Building Pads, Slopes and Walls. Developer shall provide the Public Works Department with a letter from a registered civil engineer or surveyor stating that the building pads have been graded to within 0.1 feet of the grades shown on the approved grading plans, and that the top and toe of banks and retaining walls are at the locations shown on the approved grading plans. PW Acceptance of Improvements 93. Approved Plan Files. Developer shall provide the Public Works Department a PDF format file of approved site plans, including grading, improvement, landscaping and irrigation, joint trench and lighting. PW Improvement Plan Approval 6.1.b Packet Pg. 249 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 23 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 94. Master Files. Developer shall provide the Public Works Department a digital vectorized file of the “master” files for the project, in a format acceptable to the City Engineer. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. PW Acceptance of Improvements PUBLIC WORKS - EASEMENTS AND ACCESS RIGHTS 95. Acquisition of Easements. Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for any improvements not located on their property. The easements and/or rights-of-entry shall be in writing and copies furnished to the Public Works Department. PW Improvement Plan Approval 96. Emergency Vehicle Access. The Developer shall identify Emergency Vehicle Access lanes including appropriate land width for the drive aisle and R20 radius on turns. Turning geometry shall be identified on plans and subject to the approval of the City Engineer and Fire Marshal. PW Improvement Plan Approval PUBLIC WORKS - GRADING 97. Grading Plan. The Grading Plan shall be in conformance with the recommendation of the Geotechnical Report, the Site Development Review, and City design standards & ordinances. In case of conflict between the soil engineer’s recommendation and the City ordinances, the City Engineer shall determine which shall apply. PW Grading Plan Approval 98. Archaeological Finds. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. PW On-going 99. Erosion Control Plan. A detailed Erosion and Sediment Control Plan shall be included with the Grading Plan submittal. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. PW Grading Plan Approval 100. Dust Control Measures. Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. PW Start of Construction and On-going 101. Retaining Walls. Tiebacks or structural fabric for retaining walls shall not cross property lines or shall be located a PW Grading Plan Approval 6.1.b Packet Pg. 250 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 24 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: minimum of two feet below the finished grade of the upper lot. PUBLIC WORKS - IMPROVEMENTS 102. Public Improvements. The public improvements shall be constructed generally as shown on the SDR plans. However, the SDR approval is not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, parking, stormwater treatment, sidewalks and street improvements. PW Improvement Plan Approval 103. Public Improvement Conformance. All public improvements shall conform to the City of Dublin Standard Plans, current practices, and design requirements and as approved by the City Engineer. PW Improvement Plan Approval 104. Site Improvements. Construction plans shall show common area improvements, including, but are not limited to: curb and gutter, pavement areas, sidewalks, access ramps, driveways, parking and circulation in and at structures; enhanced street paving; parking spaces; street lights (wired underground) and appurtenances; drainage facilities; utilities; landscape and irrigation facilities; open space landscaping; stormwater treatment facilities; striping and signage; and fire hydrants. PW Improvement Plan Approval 105. Traffic Signing and Striping. Developer shall install all traffic signage, striping, and pavement markings as required by the City Engineer. PW Certificate of Occupancy or Acceptance of Improvements 106. Water and Sewer Facilities. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. PW Certificate of Occupancy or Acceptance of Improvements 107. Fire Hydrants. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant, and shown on the signing and striping plan. PW Certificate of Occupancy or Acceptance of Improvements 108. Storm Drain Inlet Markers. All on-site storm drain inlets must be marked with storm drain markers that read: “No dumping, drains to creek.” The stencils may be purchased from the Public Work Department. PW Certificate of Occupancy or Acceptance of Improvements 109. Utilities. Developer shall construct gas, electric, telephone, cable TV, and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. PW Certificate of Occupancy or Acceptance of Improvements 110. Utility Locations. All electric, telephone, cable TV, and communications utilities, shall be placed underground in accordance with the City policies and ordinances. All PW Certificate of Occupancy or 6.1.b Packet Pg. 251 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 25 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: utilities shall be located and provided within public utility easements or public services easements and sized to meet utility company standards. Acceptance of Improvements 111. Utility Vaults and Boxes. All utility vaults, boxes, and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscaped areas and screened from public view. Prior to Joint Trench Plan approval, landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes, and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. PW Certificate of Occupancy or Acceptance of Improvements PUBLIC WORKS - CONSTRUCTION 112. Construction Activities. Construction activities, including the idling, maintenance, and warming up of equipment, shall be limited to Monday through Friday, and non -City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case-by-case basis. Note that the construction hours of operation within the public right -of- way are more restrictive. PW On-going 113. Temporary Fencing. Temporary construction fencing shall be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer. PW Start of Construction and On-going 114. Construction Noise Management Plan. Developer shall prepare a construction noise management plan that identifies measures to be taken to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to project construction. PW Start of Construction and On-going 115. Traffic Control Plan. Closing of any existing pedestrian pathway and/or sidewalk during construction shall be implemented through a City-approved Traffic Control Plan and shall be done with the goal of minimizing the impact on pedestrian circulation. PW Start of Construction and On-going 6.1.b Packet Pg. 252 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 26 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 116. Construction Traffic Interface Plan. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. PW Start of Construction and On-going 117. Pest Control. Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. PW On-going PUBLIC WORKS - EROSION CONTROL & STORMWATER QUALITY 118. Storm Water Treatment Measures Maintenance Agreement. Developer shall enter into an Agreement with the City of Dublin that guarantees the property owner’s perpetual maintenance obligation for all stormwater treatment measures installed as part of the project, including those on-site and within any public right-of-way surrounding the project. Said Agreement is required pursuant to Provision C.3 of the Municipal Regional Stormwater NPDES Permit, Order No. R2-2015-0049. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. The Agreement shall be recorded against the property and shall run with the land. PW Occupancy or Acceptance of Improvements 119. Stormwater Treatment. Consistent with Provision C.3 of the Municipal Regional Stormwater NPDES Permit (MRP) Order No. R2-2015-0049, the Developer shall submit documentation including construction drawings demonstrating all stormwater treatment measures and hydromodification requirements as applicable are met. PW Approval of Grading Plans 120. Media Filters. All media filters used for stormwater treatment shall be certified under the Washington State Department of Ecology Technical Assessment Protocol – Ecology (TAPE) General Use Level Designation (GULD) for Basic Treatment. All media filters shall be hydraulically sized based on the criteria specified in the Municipal Regional Permit Provision C.3.d and the design operation rate for which the product received TAPE GULD certification for Basic Treatment. PW Building Permit Issuance and Grading Permit Issuance 121. NOI and SWPPP. Prior to any clearing or grading, Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. PW Start of Any Construction Activities 122. SWPPP. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the Best Management Practices PW SWPPP to be Prepared Prior 6.1.b Packet Pg. 253 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 27 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: (BMPs) appropriate to the project construction activities. The SWPPP shall include erosion and sediment control measures in accordance with the regulations outlined in the most current version of the Association of Bay Area Governments (ABAG) Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. to Improvement Plan Approval; Implementation Prior to Start of Construction and On-going 123. Erosion Control Implementation. The Erosion and Sediment Control Plan shall be implemented prior to start of onsite construction activities. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City’s acceptance of the improvements. PW On-going 124. Stormwater Management Plan. Construction plans shall include a Stormwater Management Plan subject to review and approval of the City Engineer. PW Building Permit Issuance 125. Trash Capture. Specific information is required on the construction plan set demonstrating how MRP Provision C.10 (trash capture) requirements are met. Trash capture devices existing at the site shall be inspected and replaced if necessary, as determined by the Public Works Department. The Developer/contractor shall install trash capture devices in all inlets not currently containing one. Trash capture devices to be used shall be listed and details shown on the construction plan set as applicable. Trash capture devices shall be the consistent with the approved list provided on the City’s website: http://dublin.ca.gov/1656/Development-Permits--- Stormwater-Require PW Building Permit Issuance PUBLIC WORKS - SPECIAL CONDITIONS 126. Easements. The Developer shall be responsible for obtaining all dedications of easements on-site and off-site. PW Improvement Plan Approval 127. Construction on Adjacent Properties. The Developer shall be responsible for obtaining written authorization for right-of-entry and construction of improvements on adjacent property sites. The Developer shall submit a copy of the written authorization to the City. PW Improvement Plan Approval 128. Minor Use Permit. This Minor Use Permit approval is based on assumptions for parking demand from specific users at the project site based on the Shared Parking Assessment prepared by Fehr and Peers, dated May 3, 2019. Should the use types and associated floor areas deviate from those assumptions for any portion of any building, a Minor Use Permit shall be submitted, and an PW Certificate of Occupancy 6.1.b Packet Pg. 254 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 28 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: additional Parking Assessment shall be carried out to ensure sufficient parking provision at the site . 1. The applicant and or the future operators of the development shall restrict the Quality Restaurants, as defined in the Shared Parking Assessment, to no more than 6,000 square feet of area accessible by customers. Transportation Demand Management Measures such as time restricted parking spaces; designated employee parking; reciprocal parking agreements; transit subsidies; or valet parking can be incorporated to reduce parking demand to accommodate future users. 129. Drop-off/Pick-up Parking Restriction. Parking shall be prohibited for six spaces to the north of the main entrance to the daycare building for a drop-off/pick-up area. The parking spaces for drop-off and pick-up shall be time restricted (10 minutes) between 7:00 am to 6:00 pm, from Monday to Friday. PW Certificate of Occupancy 130. Off-Site Parking Restriction. Parking shall be prohibited to employee parking only for daycare employees along the south side of Zenith Avenue within nine on -street parking spaces and along the west side of Summit Road within eight on-street parking spaces. This permit parking restriction will be No Parking Tow Away Monday to Friday. On weekends and public holidays, parking will be allowed without restriction. PW Certificate of Occupancy 131. Parking Lot Signing and Striping. Construction plan set shall include a signing and striping plan for the site. All parking lot drive aisles with “stop” locations shall have standard STOP signs, in accordance with the current MUTCD - CA. Similarly, disabled parking areas shall have standard ADA signs, markings, and slopes in accordance with the current building code. PW Building Permit Issuance 132. On-Site Lighting. Developer shall provide a photometric plan and calculations within the site to demonstrate that the minimum 1.0-foot candle lighting is provided in accordance with the City of Dublin’s requirements. PW Improvement Plan Approval 133. Pavement Treatment. A pavement treatment, such as a slurry seal, shall be required after utility trenching, as determined by the Public Works Department. PW Prior to Occupancy or Acceptance of Improvements 134. Curb, Gutter, and Sidewalk. Existing curb, gutter and sidewalk along the project frontages within the public right- of-way shall be evaluated for condition and compliance with current Public Works standards and shall be repaired or replaced with the development of the site, as determined by PW Building Permit Issuance 6.1.b Packet Pg. 255 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 29 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: the Public Works Department. Construction drawings shall show repair or replacement required. 135. Streetscape Trees. Street trees along project frontages shall be in conformance with the City of Dublin Streetscape Master Plan. Construction plan set shall show tree and irrigation improvements required. PW Building Permit Issuance 136. Trash Enclosure. a. Trash enclosure shall meet all the requirements set forth in DMC Section 7.98 and the “Waste Handling Standards for Commercial Properties and Multi-Family Properties with Shared Service,” which can be obtained from the City’s website: http://dublin.ca.gov/1932/Development- Resources. The construction plan set shall show additional information demonstrating these requirements are met. Design of trash enclosure for sizing and servicing is subject to review and approval by the Public Works Department. b. Developer shall submit a completed Waste Enclosure Requirements Checklist with the submittal of the construction plan set, which can be obtained from the City’s website: http://dublin.ca.gov/1932/Development- Resources c. The area around and inside the enclosure must be lit with a minimum of 1.0 foot candle with motion sensor lighting. d. Developer shall drain the interior of the trash enclosur e to the sanitary sewer system or incorporate the following revisions to the landscaped area the enclosure is proposed to drain into: i. Landscaped area accepting drainage from the trash enclosure directly adjacent to the enclosure shall be designed with no gap between the enclosure wall and the landscaped area. ii. Planting shall be provided in the area in addition to the river rock cobble. PW Building Permit Issuance 137. Construction Plans. Construction plan set shall include City of Dublin General Notes and project specific notes, fully dimensioned Horizontal Control plan, Erosion and Sediment Control Plan, Clean Bay Blueprint (see City’s website: http://dublin.ca.gov/1656/Development-Permits--- Stormwater-Require), details and sections of all improvements to be constructed. PW Building Permit Issuance 138. Hydrology and Hydraulics. Developer shall submit hydrology and hydraulic calculations for review and approval. Construction plan set shall show grate, invert and PW Building Permit Issuance 6.1.b Packet Pg. 256 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 30 of 30 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: hydraulic grade line information at all storm drain structures, slope and design flow at all storm drain pipes. 139. Drainage. Runoff from roofs, including the trash enclosure, shall be collected by roof drains and drain to stormwater treatment areas. PW Building Permit Issuance 140. Hydromodification (HM) Requirements. Developer shall submit an updated “Stormwater Requirem ents Checklist” and accompanying required documentation. This project is subject to Hydromodification (HM) requirements. Consistent with Provision C.3 of the Municipal Regional Stormwater NPDES Permit, Order No. R2-2015-0049, the Developer shall submit documentation including construction drawings demonstrating HM requirements are met. PW Improvement Plan Approval 141. Landscape Areas. Construction plan set shall provide grading and drainage in all landscaped areas. All runoff shall be collected and conveyed upstream of sidewalks. PW Building Permit Issuance 142. Concrete Step-Out. Construct an additional six-inch step- out at landscaped areas adjacent to driver side and passenger side of parking stalls. PW Building Permit Issuance 143. Landscape Strips. Landscaped strips adjacent to parking stalls shall be unobstructed as such to allow for atwo2 -foot vehicular overhang at front/rear of vehicles. PW Building Permit Issuance 144. Surface Slopes. Pavement surface slopes in parking lot shall not exceed five percent in any direction. PW Building Permit Issuance PASSED, APPROVED AND ADOPTED this __ day of ___ 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ____________________________ City Clerk 6.1.b Packet Pg. 257 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w a n d M i n o r U s e P e r m i t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 758( 1257+ -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 7,7/(6+((7 *5$)72135(6&+22/$1'5(7$,/ $ 6,7(3/$1 $ )/2253/$15(7$,/ $ 522)3/$15(7$,/ $ )/2253/$135(6&+22/ 75$6+(1&/2685( $ 522)3/$135(6&+22/ 75$6+(1&/2685( $ &2'($1$/<6,635(6&+22/(;,67,1* $ (/(9$7,2165(7$,/$ $ (/(9$7,2165(7$,/% $ (/(9$7,21635(6&+22/ $ (/(9$7,21675$6+(1&/2685( $ 675((7(/(9$7,21 0$7(5,$/6&+('8/( $ 3(563(&7,9(6 $ 3(563(&7,9(6 $ 352'8&7&876+((76$1''(7$,/6 7,7/(6+((7 & 6,7(3/$1 & 3$5.,1*3/$1 & ),5($&&(663/$1 & $&&(66,%,/,7<3/$1 & *$5%$*(3,&.833/$1 & 35(/,0,1$5<87,/,7<3/$1 & 35(/,0,1$5<*5$',1*3/$1 & 35(/,0,1$5<67250:$7(50$1$*(0(173/$1 / 6,7(3/$1 / 3/$<63$&((1/$5*(0(17 / 6,7(&,5&8/$7,21 / 6,7()($785(6 / 3/$17,1*3/$1 / 3/$17,1*3/$1 352-(&7$''5(66 *5$)72167 '8%/,1%/9' '8%/,1&$ $31 352-(&7'(6&5,37,21 9,&,1,7<0$3 *5$)7213/$=$&200(5&,$/67$*(,, *5$)72167'8%/,1&$/,)251,$ 7+(352-(&7:,//&216,672)7+(6,7($1'%8,/',1*'(9(/230(1721 7+((;,67,1*9$&$17/27$77+(&251(52)*5$)721675((7$1''8%/,1 %/9'7+(6,7(:25.:,//,1&/8'(1(:$&3$5.,1*$5($61(:*5$',1* $1''5$,1$*(1(:+$5'6&$3,1*1(:87,/,7,(6$6:(//$6/$1'6&$3( $1',55,*$7,21,03529(0(176)257+(29(5$//$5($$1'35(6&+22/ 3/$<<$5'7+($5&+,7(&785$/'(9(/230(17:,//,1&/8'(7+5(( %8,/',1*6216,7( 21(6)&2/'6+(//5(7$,/5(67$85$17 %8,/',1*21(6)&2/'6+(//5(7$,/5(67$85$17%8,/',1*$1' 21(6)35(6&+22/%8,/',1* 3/$11,1*6+((7,1'(; 6.1.c Packet Pg. 258 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - TFMR NORTH PROJECT 20 40 80 SCALE: 1" = 40' JOB NO. DATE 5142 Franklin Drive, Suite B Pleasanton, CA 94588 925-251-7200 GRAFTON PRESCHOOL AND RETAIL SITE DEVELOPMENT REVIEW 19747.00 07/01/19 0 Commercial Parcel Area: 3.68± ac C.1SITE PLAN SITE SUMMARY 6.1.c Packet Pg. 259 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - TFMR NORTH PROJECT 20 40 80 SCALE: 1" = 40' JOB NO. DATE 5142 Franklin Drive, Suite B Pleasanton, CA 94588 925-251-7200 GRAFTON PRESCHOOL AND RETAIL SITE DEVELOPMENT REVIEW 19747.00 07/01/19 0 PARKING SPACES EV CHARGING LOCATIONS CLEAN AIR/VANPOOL SPACE COMPACT SPACE C.2PARKING PLAN LEGEND 6.1.c Packet Pg. 260 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - TFMR BASIN LEGEND NORTH PROJECT 20 40 80 SCALE: 1" = 40' JOB NO. DATE 5142 Franklin Drive, Suite B Pleasanton, CA 94588 925-251-7200 GRAFTON PRESCHOOL AND RETAIL SITE DEVELOPMENT REVIEW 19747.00 07/01/19 0 EXISTING FIRE HYDRANT PROPOSED FIRE HYDRANT FIRE DEPARTMENT ON-SITE ACCESS ROUTE FIRE ACCESS PLAN C.3 6.1.c Packet Pg. 261 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - TFMR BASIN ACCESSIBLE PARKING LEGEND ACCESSIBLE PATH NORTH PROJECT 20 40 80 SCALE: 1" = 40' JOB NO. DATE 5142 Franklin Drive, Suite B Pleasanton, CA 94588 925-251-7200 GRAFTON PRESCHOOL AND RETAIL SITE DEVELOPMENT REVIEW 19747.00 07/01/19 0 C.4ACCESSIBILITY PLAN 6.1.c Packet Pg. 262 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - TFMR BASIN PROPOSED TRASH ENCLOSURE LOCATION LEGEND GARBAGE PICK UP ROUTE NORTH PROJECT 20 40 80 SCALE: 1" = 40' JOB NO. DATE 5142 Franklin Drive, Suite B Pleasanton, CA 94588 925-251-7200 GRAFTON PRESCHOOL AND RETAIL SITE DEVELOPMENT REVIEW 19747.00 07/01/19 0 NOTE: REFER TO ARCHITECTURE SHEETS FOR TRASH ENCLOSURE STRUCTURE DETAILS C.5GARBAGE PICKUP PLAN 6.1.c Packet Pg. 263 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - TFMR NORTH PROJECT 20 40 80 SCALE: 1" = 40' JOB NO. DATE 5142 Franklin Drive, Suite B Pleasanton, CA 94588 925-251-7200 GRAFTON PRESCHOOL AND RETAIL SITE DEVELOPMENT REVIEW 19747.00 07/01/19 0 LEGEND C.6PRELIMINARY UTILITY PLAN NOTES: 1. PROPOSED UTILITIES SHOWN WILL BE ADJUSTED WITH FINAL DESIGN. 2. BASED ON PRELIMINARY SIZING REQUIREMENTS, IT APPEARS THAT SILVA CELLS (OR SIMILAR FACILITIES) WILL BE RQUIRED TO MEET THE WATER QUALITY REQUIREMENTS. SIZING OF FACILITIES WILL BE ADDRESSED DURING FINAL DESIGN 3. WATER QUALITY PIPING HAS NOT BEEN SHOWN ON THIS PLAN 6.1.c Packet Pg. 264 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - TFMR NORTH PROJECT 20 40 80 SCALE: 1" = 40' JOB NO. DATE 5142 Franklin Drive, Suite B Pleasanton, CA 94588 925-251-7200 GRAFTON PRESCHOOL AND RETAIL SITE DEVELOPMENT REVIEW 19747.00 07/01/19 0 C.7 NOTES: 1. MINIMUM PAVEMENT SLOPE: 0.5% 2. MAXIMUM PAVEMENT SLOPE: 3% 3. GRADES TO BE ADJUSTED DURING FINAL DESIGN 4. END OF SUMMIT ROAD TO BE RECONFIGURED WITH THIS PROJECT 5. A NEW AERIAL TOPO WILL BE REQUIRED FOR DESIGN. EXISTING SITE IS GRADED TO ELEVATION 349-350. 6. THE PROJECT SITE HAS BEEN REMOVED FROM THE FEMA FLOOD PLAIN BY THE PROPERTY OWNER. PRELIMINARY GRADING PLAN ABBREVIATION 6.1.c Packet Pg. 265 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - TFMR NORTH PROJECT 20 40 80 SCALE: 1" = 40' JOB NO. DATE 5142 Franklin Drive, Suite B Pleasanton, CA 94588 925-251-7200 GRAFTON PRESCHOOL AND RETAIL SITE DEVELOPMENT REVIEW 19747.00 09/05/19 0 C.8PRELIMINARY STORMWATER MANAGEMENT PLAN 6.1.c Packet Pg. 266 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t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´PDLQVWUHHWµIHHO,QVWHDGRI WKHSHUFHSWLRQRIRQHORQJEXLOGLQJWKHDUWLFXODWLRQPDNHVLWIHHODV WKRXJKWKHLQGLYLGXDOVKRSVZHUHDGGHGRYHUWLPHLQDWUXH´PDLQ VWUHHWµ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c Packet Pg. 267 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - DATE1257+ 352-(&7 1 48 16 SCALE: 1/8" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 7,7/(6+((7 *5$)72135(6&+22/$1'5(7$,/ $GRAFTON PRESCHOOL & RETAIL SITE DEVELOPMENT REVIEW DUBLIN, CA 6/25/2019 PLAY SPACE ENLARGEMENT L1.2 1 1 1 2 6 6 10 6 3 7 7 4 4 88 5 9 10 12 11 11 13 13 13 14 15 16 17 18 19 5 Synthetic Turf Mounds Synthetic Turf Play Space Egress/Maitanenc Gate Flamed-retardant Sunami Shade Picnic Tables Play Structure: LSI Smart Motion Trike Track Sand Play Accent Paving Play Structure: Berlimer Spaceball Flamed-retardant Skyway Shade Canopy Concrete Paving LSI Musical Sensory Play Chalkboard Wall Mounted Drinking Fountain Specimen Tree ADA Transfer Station Flex Plaza and Parking Area Hand Sink Veggie Garden 6’ Ornamental Metal Fence, Screened w/ Tall Shrubs 6’ Concrete Wall Stormwater Treatment Area 1 1 2 2 5 9 11 11 7 8 12 12 13 8 12 20 14 14 3 3 17 16 16 13 15 18 23 6 10 19 21 PRESESESESESSSCHOOOOOOOOOL 0 8 16 32 20 4 4 21 22 22 21 22 23 6.1.c Packet Pg. 268 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - DATE1257+ 352-(&7 1 48 16 SCALE: 1/8" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 7,7/(6+((7 *5$)72135(6&+22/$1'5(7$,/ $GRAFTON PRESCHOOL & RETAIL SITE DEVELOPMENT REVIEW DUBLIN, CA 6/25/2019 L2.1 L.O.W L. O . W Bike Circulation Bike Rack Limit Of Work GRGRGRGRGRGRGRGRGRGRGRGRGGG AFAFAFAFAFAFAFAFAFAFAA TOTOTOTOTOTOTOTOOOTOOOTOTOTOTOT NNNNNNNNNNNNNN STSTSTSTSTSTSTSTSTSTTSSTTTSTTSSS .. .... .. BIKE CIRCULATION LEGEND DUDUDUDUUDUDUDUUUBLBLBLBLBLBLBLBLLININININININININNN BBBBBLVLVLVLVLVLVLVLVLVDD.DD RETAIL RETAIL PRESPRESPRERESSCHOOCHOOCHOOHOOLLLL HOTEL 01530 60 SITE CIRCULATION L.O.W L. O . W L.O.W L.O.W Pedestrian Circulation Limit Of Work GRGRGRGRGRGRGRGRGRGRGRGRGG AFAFAFAFAFAFAFAFAFAFAA TOTOTOTOTOTOTOTOTOOOOOOTOTOTOTO NNNNNNNNNNNNNN STSTSTSTSTSTSTSTSTSSTTSTTTTSTTSSS .. ... .. SU MM I T RRRRRRRRRRRRRRRRRRRRDDDDDDDDDDD.DDDDDDDDDDD SU MM IT RRRRRRRRRRRRRRRRRRRRDDDDDDDDDD.D.D.DDDDDDDDDD PEDESTRIAN CIRCULATION LEGEND DUDUDUDUDUDUDUUUUBLBLBLBLBLBLBLBLINININIINININININN BBBBBLVLVLVLVLVLVLVLVLVDD.DD RETAIL RETAIL PRESPRESPRERESSCHOOCHOOCHOOCHOOLLLL HOTEL 6.1.c Packet Pg. 269 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - DATE1257+ 352-(&7 1 48 16 SCALE: 1/8" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 7,7/(6+((7 *5$)72135(6&+22/$1'5(7$,/ $GRAFTON PRESCHOOL & RETAIL SITE DEVELOPMENT REVIEW DUBLIN, CA 10/03/2019 L2.2SITE FEATURES L.O.W L. O . W L. O . W Low Wall (S.A.D) Cast in Place Concrete Wall, 18”H Precast Concrete Seat Wall, 18”H Ornamental Metal Fence, 6’H Concrete Wall, 6’ H Existing Fence at Ajacent Hotel 6’ H Limit of Work GRGRGRGRGRGRGRGRGRGRGRGRGRGRGG AFAFAFAFAFAFAFAFAFAFAFAAFA TOTOTOTOOTOOTOTOOTOTOTOTOOT NN NN N N NN N NNNNN STSTSTSTSTSTSTSTSTSTSTSTTTSTTSTSTSSSSS ..... . WALLS AND FENCES LEGEND DUDUDUDUDDDUDUUUUBLBLBLBLBLBLBLLINININININIININN BBBBBBBBLVLVLVLVLLLLVVDD.D 01630 60 RETAETATAETAETETATTTTATATAIL ILIL ILILL RETAIL PRESSSSSCHOOCHOOCHOOCHOOCHOL HOTEL L.O.W L. O . W L. O . W Light Pole Bollard Light Limit Of Work Light Pole To Match Existing Street Lights String Lights Note: All lighting is shown conceptually; a photometric study will be done prior to construction documents. GRGRGRGRGRGRGRGRGRGRGRGRGRGGG AFAFAFAFAFAFAFAFAFAFAFAFAA TOTOTOTOTOOOTOTOOTOTOOTOTO NN NN NNN NNNNNNNSTSTSTSTSTSTTSTSTSTTSTSTSSTSS .... LIGHTING LEGEND DUDUDUDUDUDUDUUUUBLBLBLBLBLBLBLININININININININN BBBBBBBBLVLVLVLVLLLVLVLDD.D RETAETAETATTATATATTAAIL ILILILILILIL RETAIL PRESSSSSCHOOCHOOCHOOCHOCHOOHL HOTEL SU MM IT RRRRRRRRRRRRRRRRRRRRRDDDDDDD.DDDDDDDDDDDDD SU MM IT RRRRRRRRRRRRRRRRRRRRRRRRRDDDDDDDDDDD.D.DD.DD.DDDDDDDD 6.1.c Packet Pg. 270 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - DATE1257+ 352-(&7 1 48 16 SCALE: 1/8" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 7,7/(6+((7 *5$)72135(6&+22/$1'5(7$,/ $GRAFTON PRESCHOOL & RETAIL SITE DEVELOPMENT REVIEW DUBLIN, CA 6/25/2019 L3.1 PLANTING PLAN PLANT SCHEDULE Phoenix dactylifera Quercus agrifolia Tilia cordata ’Greenspire’ Cercis Candensis ‘Heart of Gold’ Lagerstroemia indica Platunus X Acerifolia Robinia ambigua Acer Burgerianun Heart of Gold Redbud Forest Pansy Redbud Coast Live Oak Littleleaf Linden Trident Maple Crepe Myrtle London Plane Tree Locust 0 5 10 20 TREES MATC H L I N E S E E S H E E T L 3 .2 LINE S E Note: See Sheet L3.2 for images of shrub planting. 6.1.c Packet Pg. 271 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - DATE1257+ 352-(&7 1 48 16 SCALE: 1/8" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 7,7/(6+((7 *5$)72135(6&+22/$1'5(7$,/ $GRAFTON PRESCHOOL & RETAIL SITE DEVELOPMENT REVIEW DUBLIN, CA 10/03/2019 L3.2PLANTING PLAN PLANT SCHEDULE SHRUBS & GROUNDCOVERS Lomondra longinfolia ‘Breeze’ Drawf Mat Rush Rosa ‘Noamel’ Myoporum parvifolium ‘Pink’Dietes grandiflora Hemerocallis x ‘Pretty In Pink’ Carex divulsa Flower Carpet Appleblossom Pink Australian Racer Fortnight Lily Pretty in Pink Daylily Berkeley Sedge Leucadendron x “Cloudbank Ginny’ Coleonema ‘Sunset Gold’ Golden Breath of Heaven Chondropetalum tectorum Ceanothus ‘Yankee Point’ Cape Rush Yankee Point CA Lilac 0 5 10 20 MATCHLINE SEE SHEET L3.1 Note: See Sheet L3.1 for images of tree planting. 6.1.c Packet Pg. 272 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - SUMMITROAD ZENI T HAVE V SUMMITROAD ZENI T HAVE V 5(7$,/$ 5(7$,/% 35(6&+22/ LONG-TERM BICYCLE PARKING PRESCHOOL STAFF PARKING (TOTAL OF 9) SHORT-TERM BICYCLE PARKING FLEX PLAZA/ PARKING (TOTAL OF 8 PARKING W/ ENHANCED PAVING) 75$6+ (1&/2685( 75$6+ (1&/2685( SHORT-TERM BICYCLE PARKING APPROVED PLAZA LANDSCAPE a GAS METER GAS METER GAS METER (E) SIDEWALK TO BE REMOVED SIDEWALK BY RESIDENTIAL DEVELOPER PEDSTRIAN CROSSING WITH ENHANCED PAVING a SHORT-TERM BICYCLE PARKING EXISTING BUS STOP 72$'-$&(175(6,'(17,$/3523(57</,1( ',67$1&()520&(17(52)7+(3/$<$5($ a SHORT-TERM BICYCLE PARKING 35(6+22/ 3/$<<$5' a 352-(&7'$7$ =21,1* 3' *(1(5$/3/$1 *(1(5$/&200(5&,$/ $66(6625 63$5&(/180%(5 727$/1(:*5266648$5()227$*( 5(7$,/%8,/',1*$ 6) 5(7$,/%8,/',1*% 6) 35(6&+22/ 6) 727$/$5($ 6) 5(48,5('3$5.,1* 9(+,&/(3$5.,1* 3(5&,7<2)'8%/,1081,&,3$/&2'(6(&7,217$%/( ' 5()(572&,9,/'5$:,1*6 &/($1$,5(93$5.,1*67$//65(48,5(' 3(5&*%6&7$%/(,1&+$37(56,7( '(9(/230(17 5()(572&,9,/'5$:,1*6 $&&(66,%/(3$5.,1*63$&(6 3(5&%&7$%/(%2)6(&7,21$&&(66,%/( 3$5.,1*5(48,5(' 5()(572&,9,/'5$:,1*6 %,&<&/(3$5.,1* 3(5&*%6&6(&7,213529,'(3(50$1(17/< $1&+25('%,&<&/(5$&.6:,7+,1)((72)7+( 9,6,7256(175$1&()253(5&(172)9,6,725 02725,=('9(+,&/(3$5.,1* 7(1$17)7( /21*7(50%,&<&/(67$//61(('(' 3$5.,1*63$&(6 6+2577(50%,&<&/( 67$//61(('(' /21*7(50%,&<&/(3$5.,1*67$//63529,'(' 6+2577(50%,&<&/(3$5.,1*67$//63529,'(' %8,/',1*,1)250$7,21 5(7$,/$ 7<3(2)&216758&7,21 7<3(9%635,1./(5(' 2&&83$1&<&/$66,),&$7,21 %0 180%(52)6725,(6 %8,/',1*$5($ 6) 5(7$,/% 7<3(2)&216758&7,21 7<3(9%635,1./(5(' 2&&83$1&<&/$66,),&$7,21 %0 180%(52)6725,(6 %8,/',1*$5($ 6) 35(6&+22/ 7<3(2)&216758&7,21 7<3(9%635,1./(5(' 2&&83$1&<&/$66,),&$7,21 ( 180%(52)6725,(6 %8,/',1*$5($ 6) 758( 1257+ 352-(&7 1257+ -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 6,7(3/$1 *5$)72135(6&+22/$1'5(7$,/ $ 6,7(3/$1 6.1.c Packet Pg. 273 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - A3.0.1 A3.0. 3 A3.0. 4 A3.0.2 5(7$,/$ $65(/(&(/(& RETAIL A RETAIL B PRESCHOOL 758( 1257+ A3.1.1 A3.1. 2 A3.1.3 A3.1. 4 5(7$,/% $65 (/(& 14 8 16 SCALE: 3/32" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ )/2253/$15(7$,/ *5$)72135(6&+22/$1'5(7$,/ $ )/2253/$15(7$,/$ 352-(&7 1257+ )/2253/$15(7$,/% 6.1.c Packet Pg. 274 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - A3.0.1 A3.0. 3 A3.0. 4 A3.0.2 $5($)25)8785(7(1$17 0(&+$1,&$/3+27292/7$,& (48,30(17 )8785(7(1$1766+$// 6&5((1$1<$//(48,30(17 7+$7:28/'%(6((1)520 675((7/(9(/ A3.1.1 A3.1. 2 A3.1.3 A3.1. 4 $5($)25)8785(7(1$17 0(&+$1,&$/3+27292/7$,& (48,30(17 )8785(7(1$1766+$// 6&5((1$1<$//(48,30(17 7+$7:28/'%(6((1)520 675((7/(9(/ RETAIL A RETAIL B PRESCHOOL 758( 1257+ TRASH ENCLOURE A TRASH ENCLOURE B 14 8 16 SCALE: 3/32" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 522)3/$15(7$,/ *5$)72135(6&+22/$1'5(7$,/ $ 352-(&7 1257+ 522)3/$15(7$,/$ 522)3/$15(7$,/% 6.1.c Packet Pg. 275 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - A3.2.4 A3.2. 3 A3.2.2 A3.2. 1 /2%%< &21)5220 5(&(37,21 $'0,1 ),/( &/$665220 &/$665220 &+,/' &/$665220 72''/(5 &+,/' &/$665220 &/$665220 -$1 ,62 &+,/' &/$665220 +$//:$< +$ / / : $ < &+,/' 81,6(; 6) 3/$<<$5' (E) 15'-0" EASEMENT &/$665220 72''/(5 ,7(/(&7 7($&+(5 6 /281*( .,7&+(1 PLAY YARD FENCE ALL AROUND, 5'-0" MIN. PRODUCT TO BE AMERISTAR MONTAGE COMMERCIAL FENCE, STYLE TO BE MAJESTIC. FENCE GATE. FENCE GATE 6'-0" WALL 6'-0" WALL6'-0" WALL CM2 1 75$6+ (1&/2685( $ /21*7(50 %,.( 6725$*( A3.3. 3 A3.3.4 A3.3.2 A3.3. 1 12" DEEP AB COMPACTED TO 95% UNDER SLAB OUTSIDE ENCLOSURE GATE. (6" DEEP AB REQUIRED UNDER ENCLOSURE SLAB)3'-0" ACCESIBLE MAN DOOR 6" CONCRETE CURB AROUND ALL INTERIOR WALL,TYP. TRASH GREASE / SAND INTERCEPTOR +% HOSE BIB SLOP TO DRAIN, 2% MAX SLOP TO DRAIN, 2% MAX SL O P T O D R A I N , 2% M A X SL O P T O D R A I N , 2% M A X 4 CUBIC YARDS TRASH BIN 4 CUBIC YARDS TRASH BIN 3 CUBIC YARDS TRASH BIN 3 CUBIC YARDS TRASH BIN 0 , 1 & / 5 4 x 4 TS JAMB POST AT 16'-0" WIDE GATE OPENING, TYP. 75$6+ (1&/2685( % A3.3. 5 A3.3.6 A3.3. 7 A3.3.8 4 CUBIC YARD TRASH BIN 4 CUBIC YARD TRASH BIN 3 CUBIC YARD TRASH BIN 3 CUBIC YARD TRASH BIN 4 x 4 TS JAMB POST AT 16'-0" WIDE GATE OPENING, TYP. TRASH GREASE / SAND INTERCEPTOR 6" CONCRETE CURB AROUND ALL INTERIOR WALL,TYP. SLOP TO DRAIN, 2% MAX SL O P T O D R A I N , 2% M A X SL O P T O D R A I N , 2% M A X 3'-0" ACCESIBLE MAN DOOR 12" DEEP AB COMPACTED TO 95% UNDER SLAB OUTSIDE ENCLOSURE GATE. (6" DEEP AB REQUIRED UNDER ENCLOSURE SLAB) +% HOSE BIB SLOP TO DRAIN, 2% MAX RETAIL A RETAIL B PRESCHOOL 758( 1257+ TRASH ENCLOURE A TRASH ENCLOURE B 14 8 16 SCALE: 3/32" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ )/2253/$135(6&+22/ 75$6+(1&/2685( *5$)72135(6&+22/$1'5(7$,/ $ )/2253/$135(6&+22/ )/2253/$175$6+(1&/2685($ )/2253/$175$6+(1&/2685(% 6.1.c Packet Pg. 276 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - RETAIL A RETAIL B PRESCHOOL 758( 1257+ TRASH ENCLOURE A TRASH ENCLOURE B A3.2.4 A3.2. 3 A3.2.2 A3.2. 1 $5($)25)8785(7(1$17 0(&+$1,&$/3+27292/7$,& (48,30(17 )8785(7(1$1766+$// 6&5((1$1<$//(48,30(17 7+$7:28/'%(6((1)520 675((7/(9(/ CM2 1 A3.3. 3 A3.3.2 A3.3. 1 STANDING SEAM METAL ROOF ELECTRICAL FIXTURE AT UNDERSIDE OF ROOF STRUCTURE TO INTERIOR 1:12 ELECTRICAL FIXTURE AT UNDERSIDE OF ROOF STRUCTURE TO INTERIOR A3.3.4 A3.3. 5 A3.3.6 A3.3. 7 A3.3.8 1: 1 2 STANDING SEAM METAL ROOF ELECTRICAL FIXTURE AT UNDERSIDE OF ROOF STRUCTURE TO INTERIOR 14 8 16 SCALE: 3/32" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 522)3/$135(6&+22/ 75$6+(1&/2685( *5$)72135(6&+22/$1'5(7$,/ $ 522)3/$135(6&+22/ 522)3/$175$6+(1&/2685($ 522)3/$175$6+(1&/2685(% 6.1.c Packet Pg. 277 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - /2%%< &21)5220 5(&(37,21 $'0,1 ),/( &/$665220 &/$665220 &+,/' &/$665220 72''/(5 &+,/' &/$665220 &/$665220 -$1 ,62 &+,/' &/$665220 +$//:$< +$ / / : $ < &+,/' 81,6(; 3/$<<$5' 28 14 14 27 29 25 30 27 16 14 15 10 14 30 13 12 2 ,7(/(&7 7($&+(5 6 /281*( &/$665220 72''/(5 .,7&+(1 2 2 16 1 47 43 71 27+16+14+14 =71 10+14+16+2+2+2+1 =47 14+28=42 MAX DIAGONAL=167' 167'-0" / 3 = 55'-8" (MIN. EXIT SEPARATION) SEPARATION DISTANCE = 76'-8" 76'-8" > 55'-8" (COMPLIES) EXIT 2 REQUIRED DOOR WIDTH: 0.20 X 79 = 15.8" <72" OK 6'-0" PLAY YARD GATE WITH PANIC HARDWARE. 6'-0" PLAY YARD GATE WITH PANIC HARDWARE.100 56 71+15+14=100 12+43=55 16 16 EXIT 1 REQUIRED DOOR WIDTH: 0.20 X 47 = 9.4" <72" OK REQUIRED DOOR WIDTH: 0.20 X 55 = 11.0" <72" OK REQUIRED DOOR WIDTH: 0.20 X 100 = 20" <72" OK EXIT 3 REQUIRED DOOR WIDTH: 0.20 X 28 = 8.4" <72" OK EXIT TO EXIT DISCHARGE LEAD TO PUBLIC WAY, SEE SHEET A1.0 FOR MORE INFORMATION 14 8 16 SCALE: 3/32" = 1'-0" 352-(&7 1257+ -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ &2'($1$/<6,635(6&+22/(;,67,1* *5$)72135(6&+22/$1'5(7$,/ $ (;,67,1*$1'2&&83$1&<3/$135(6&+22/ 2&&83$1&<6&+('8/(35(6&+22/ 50 1$0( $5($ 2&&83$1&<7<3( /2$')$&725 2&&83$17/2$' /2%%< 6) 1$ 5(&(37,21 6) %XVLQHVV$UHD $'0,1 6) %XVLQHVV$UHD ),/( 6) %XVLQHVV$UHD ,7(/(&7 6) %XVLQHVV$UHD 7($&+(5 6/281*( 6) $VVHPEO\ XQFRQFHQWUDWHG .,7&+(1 6) .LWFKHQV&RPPHUFLDO 81,6(; 6) 1$ ,62 6) 1$ &21)5220 6) &RQIHUHQFH5RRPV -$1 6) 1$ &/$665220 72''/(5 6) 'D\&DUH &+,/' 6) 1$ &/$665220 72''/(5 6) 'D\&DUH &/$665220 6) 'D\&DUH &+,/' 6) 1$ &/$665220 6) 'D\&DUH +$//:$< 6) 1$ &/$665220 6) 'D\&DUH &+,/' 6) 1$ &/$665220 6) 'D\&DUH +$//:$< 6) 1$ &+,/' 6) 1$ &/$665220 6) 'D\&DUH 81,6(; 6) 1$ *UDQGWRWDO 6.1.c Packet Pg. 278 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - GROUND FLOOR 0" ROOF - RETAIL "A" 18'-0" &3 317 671 &3 317 $/6) &3 317 %5.&3 317 &3 317 %5.&3 317 &3 317 &3 317 &21& &3 317 5)&3 317 7272:(5 GROUND FLOOR 0" ROOF - RETAIL "A" 18'-0" &3 317 &3 317 &3 317 %5. &3 317 &3 317 &3 317 &3 317 )%5&3 317 &3 317 &3 317 &3 317 )%5&3 317 %5. &3 317 $/6)$/6)&3 317 &3 317 &3 317 &3 317 &3 317 &3 317 07/ $/6) 07/ 317 5) 5) 5) &3%5. $/6)%5. GROUND FLOOR 0" ROOF - RETAIL "A" 18'-0" &3 317 &3 317 &3 317 %5. %5.&3 317 &3 317 &21& 5) 723$5$3(7 $/6) 5) 5) GROUND FLOOR 0" ROOF - RETAIL "A" 18'-0" &3 317 &3 317 &3 317 %5. 671671&3 317 &3 317 &3 317 &3 317 07/ &3 317 %5.$/6) &3 317 &3 317 &3 317 $/6) %5.&3 317 &3 317 %5. 07/5) 07/ 317 5) %5. &3 317 &3 317 7272:(5 MD-01 &21&%5.&3$/6) 07/ $/6)%5.&3 317 14 8 16 SCALE: 1/8" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ (/(9$7,2165(7$,/$ *5$)72135(6&+22/$1'5(7$,/ $ 5(7$,/$1257+ 5(7$,/$($67 5(7$,/$6287+ 5(7$,/$:(67 6.1.c Packet Pg. 279 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - GROUND FLOOR 0" ROOF - RETAIL "B" 18'-0" 5)&3 317 671671 $/6) &3 317 %5. &3 317 &3 317 &3 31707/ %5. 7272:(5 07/ 317 GROUND FLOOR 0" ROOF - RETAIL "B" 18'-0" 5) &3 317 671 $/6) &3 317 %5. &21& $/6) 671 &3 317 %5.671)%5 &3 317 &3 317 &3 317 &3 317 07/ &3 317$/6) 07/ 317 GROUND FLOOR 0" ROOF - RETAIL "B" 18'-0" &3 317 &3 317 &3 317 671 &3 317 $/6) 07/ %5. &21&&3 317 $/6)671 STONE MEDALLION GROUND FLOOR 0" ROOF - RETAIL "B" 18'-0" 5)&3 317 671 &3 317 %5. &3 317 07/$/6)&3 317 671 671&3 317 %5.&21&&21&%5. $/6) $/6) &3 317 &3 317 671$/6)07/ STONE MEDALLION 14 8 16 SCALE: 1/8" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ (/(9$7,2165(7$,/% *5$)72135(6&+22/$1'5(7$,/ $ 5(7$,/%1257+ 5(7$,/%($67 5(7$,/%6287+ 5(7$,/%:(67 6.1.c Packet Pg. 280 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - GROUND FLOOR 0" ROOF - PRESCHOOL 17'-0" &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 0(7$/ (175< $:1,1* /(77(56,*1$*( 02817('21 $:1,1*7<3 %(+,1' *5$3+,& $:1,1* *5$3+,& 0(7$/ $:1,1* *5$3+,& 0(7$/ $:1,1* 35(0$18)$&785(' 3/$176&5((1 &21&5(7( 3/$17(5 723$5$3(7 317 317 $/6) &3&3 &3 &3 317 GROUND FLOOR 0" ROOF - PRESCHOOL 17'-0" &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 3170(7$/ (175< $:1,1* *5$3+,& 0(7$/ $:1,1* &21&5(7( 3/$17(5 $/6)$/6) 317 &3&3&3 GROUND FLOOR 0" ROOF - PRESCHOOL 17'-0" &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 *5$3+,& 0(7$/ $:1,1* *5$3+,& 0(7$/ $:1,1* 35(0$18)$&785(' 3/$176&5((1 &3 317 7<3%(+,1' *5$3+,& $:1,1* 317317$/6)$/6)&3&3 &3&3 GROUND FLOOR 0" ROOF - PRESCHOOL 17'-0" &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 &3 317 7<3 %(+,1' *5$3+,& $:1,1* &3 317 &3 317 *5$3+,& 0(7$/ $:1,1* *5$3+,& 0(7$/ $:1,1* 35(0$18)$&785(' 3/$176&5((1 &21&5(7( 3/$17(5 317317317$/6)$/6)&3&3&3 &3&3 14 8 16 SCALE: 1/8" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ (/(9$7,21635(6&+22/ *5$)72135(6&+22/$1'5(7$,/ $ 35(6&+22/1257+ 35(6&+22/($67 35(6&+22/6287+ 35(6&+22/:(67 6.1.c Packet Pg. 281 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - GROUND FLOOR 0" &3 317 &3 317 &3 317 GROUND FLOOR 0" &3 317 &3 317 &3 317 5) (4 (4 GROUND FLOOR 0" &3 317 &3 317 :0 GROUND FLOOR 0" &3 317 &3 317 &3 317 (4(4 (4(4 5) PLASTER FINISH COAT ON CMU, TYP. SUFACE WALL LIGHT, TYP. HOSE BIB 2" CMU WALL CAP 4X4 TS,TYP. STANDING METAL SEAM ROOF 7< 3 :0 GROUND FLOOR 0" &3 317 &3 317 5) 7< 3 PLASTER FINISH COAT ON CMU, TYP. SUFACE WALL LIGHT, TYP. HOSE BIB 2" CMU WALL CAP 4X4 TS,TYP. STANDING METAL SEAM ROOF :0 GROUND FLOOR 0" &3 317 &3 317 :0 GROUND FLOOR 0" &3 317 &3 317 5) (4(4 GROUND FLOOR 0" &3 317 &3:0 14 8 16 SCALE: 1/8" = 1'-0" -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ (/(9$7,21675$6+(1&/2685( *5$)72135(6&+22/$1'5(7$,/ $ 75$6+(1&/285(6$1257+ 75$6+(1&/285(6$($67 75$6+(1&/285(6$6287+ 75$6+(1&/285(6$:(67 75$6+(1&/285(6%1257+ 75$6+(1&/285(6%($67 75$6+(1&/285(6%6287+ 75$6+(1&/285(6%:(67 6.1.c Packet Pg. 282 At t a c h m e n t : 3 . 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E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 3(563(&7,9(6 *5$)72135(6&+22/$1'5(7$,/ $ 9,(:)520+27(/6,'( 9,(:)5206,7((175< 6.1.c Packet Pg. 284 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 3(563(&7,9(6 *5$)72135(6&+22/$1'5(7$,/ $ 9,(:)520*5$)72167 '8%/,1%/9',17(56(&7,21 9,(:)520*5$)72167 6.1.c Packet Pg. 285 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - FENCE AND GATE -AMERISTAR MONTAGE COMMERCIAL 1 -2%12 '$7( 2ZHQV'ULYH 3OHDVDQWRQ&$ 352'8&7&876+((76$1''(7$,/6 *5$)72135(6&+22/$1'5(7$,/ $ 6&$/( /21*7(50%,.(6725$*(5$&. . 6.1.c Packet Pg. 286 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n - P r o j e c t P l a n s ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 100 Pringle Avenue | Suite 600 | Walnut Creek, CA 94596 | (925) 930-7100 | Fax (925) 933-7090 www.fehrandpeers.com TECHNICAL MEMORANDUM Date: May 3, 2019 To: Obaid Khan, City of Dublin From: Diwu Zhou and Kari McNickle, Fehr & Peers Subject: Shared Parking Assessment for Grafton Preschool & Commercial Development WC19-3583 The memorandum presents the results of a shared parking assessment prepared for the proposed Grafton Preschool (i.e. daycare) and commercial development, located at the southeast corner of Dublin Boulevard at Grafton Street. The project proposes to provide 146 surface parking spaces, a 16-space reduction from the City of Dublin municipal code requirement of 162 spaces. The purpose of this analysis is to evaluate the potential for shared parking between various site uses to determine if the proposed parking supply would be sufficient to support the proposed land uses. Results of the assessment indicate that insufficient parking would be provided to meet typical peak parking demands around the lunch hour and in the evening hours. Potential options to better align parking demand with the parking supply include changing the mixture of land use types, reducing the overall level of development, and/or implementing parking demand management strategies. PROJECT DESCRIPTION The proposed project is the development of a commercial center that would include a preschool building and two retail/restaurant buildings. The site is currently undeveloped and bound by Grafton Street to the west, A-Loft Hotel to the south, and an approved high-density residential project to the east. Dublin Boulevard forms the northern boundary of the site. As currently proposed, an approximately 10,000 square-foot building would be constructed to house a preschool in addition to outside play areas. The program would support up to 160 children with 17 program teachers and administrators. Hours of operation for the preschool are 7:00 AM to 6.1.d Packet Pg. 287 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n - S h a r e d P a r k i n g A s s e s s m e n t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 0 1 8 - 0 0 0 1 0 ) ) Obaid Khan May 3, 2019 Page 2 of 9 6:00 PM, Monday through Friday, with the primary hours for drop-off expected between 7:00 and 8:30 AM, and the expected primary pick-up hours between 4:30 and 6:00 PM. Two additional commercial buildings are also proposed for the site, totaling approximately 22,000 square feet. Although the final tenants have not yet been identified, it is expected that a general retail and/or personal service type businesses would encompass 6,193 square feet of retail, with the remainder of the square footage devoted to restaurants. A mixture of restaurant types could be provided, including high-turnover sit-down, fast casual or quality restaurants. CITY OF DUBLIN PARKING REQUIREMENTS The City of Dublin Municipal Code 8.76.80D outlines the parking requirements for commercial uses within the City. For the purposes of determining parking requirements, 5,900 square-feet of restaurant area is assumed to be accessible to customers, and 10,000 square-feet is assumed to not be accessible to customers. Should outdoor seating in excess of 12 seats be proposed, additional parking would be required. Based on the outline of use types for this project, the minimum required parking supply is 162 spaces, as detailed in Table 1, which is 16 spaces more than the proposed supply. The project proposes to obtain a condition use permit to share half of the retail parking spaces with the proposed day care. Should a conditional use permit be granted or the development standards in the Planned Development document amended, the proposed parking would meet City requirements. A factor in this decision is the ability of the proposed parking study to accommodate peak parking demand 6.1.d Packet Pg. 288 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n - S h a r e d P a r k i n g A s s e s s m e n t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 0 1 8 - 0 0 0 1 0 ) ) Obaid Khan May 3, 2019 Page 3 of 9 Source: City of Dublin Municipal Code; Fehr & Peers, 2019. The City of Dublin municipal code references the California Green Building Standards (CGBS) Code for accessible (ADA), Electric Vehicle (EV) and Clean Air Vehicle parking requirements: • California Building Code Table 11B-208.2 requires that 6 ADA accessible spaces be provided for projects with 151-200 parking spaces, one of which must be van parking space. Projects with 101-150 parking spaces are required to provide 5 ADA accessible spaces, one of which must be van parking space. Based on the proposed parking supply of 146 spaces, the project would meet these requirements. • California Green Building Standards Code Table 5.106.5.3.3 outlines the requirements for EV charging spaces and requires 10 EV charging spaces be provided for projects with 151- 200 parking spaces. Projects with 101-150 parking spaces are required to provide 7 EV charging spaces. Based on the proposed parking supply of 146 spaces, the project would meet these requirements. • California Green Building Standards Code Table 5.106.5.2 notes that 16 parking spaces shall be designated for clean air vehicle parking in projects with 151-200 parking spaces. Projects with 101-150 parking spaces are required to provide 11 clean air vehicle spaces. Based on the proposed parking supply of 146 spaces, the project would meet these requirements. Table 1: City of Dublin Municipal Code Requirements Use Type Size Municipal Code Requirement Parking Spaces Day Care Center 17 employees 160 students 1 per employee 1 per company vehicle 1 loading space for every 5 children 17 0 32 General Retail 6,193 square feet 1 per 300 square feet 21 Eating and Drinking Establishment 5,900 square feet accessible to customers 1 parking space per 100 square feet of floor area accessible to customers plus 1 parking space per 300 square feet of floor area not accessible to customers 59 10,000 square feet not accessible to customers 33 Total Spaces Required under Dublin Municipal Code: 162 With Condition Use Permit to share loading spaces with retail 146 6.1.d Packet Pg. 289 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n - S h a r e d P a r k i n g A s s e s s m e n t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 0 1 8 - 0 0 0 1 0 ) ) Obaid Khan May 3, 2019 Page 4 of 9 PARKING DEMAND A parking demand assessment was conducted for a typical weekday (Monday through Thursday), Friday, and Saturday to determine if the proposed shared parking is reasonable based on City Code and if the proposed project would provide sufficient parking to meet peak demand. This demand assessment considers the potential for parking to be shared between the various site uses, as different uses have different peak parking demands and parking can be shared between uses. The Institute of Transportation Engineers’ Parking Generation Manual, 5th Edition provides time-of-day distribution for parking demand for each of the potential land-uses, as presented in Table 2. The time-of-day distributions were applied to the City Code requirements with the results presented in Table 3. Based on the land-use composition of the proposed project, and City Code requirements adjusted based on potential parking demand accumulations, the parking requirement could be up to 37 spaces less than the City Code requirement. However, the City Code requirements may not adequately reflect the expected parking demand for the project, especially when time of day factors are applied. The peak parking demand was estimated using the Parking Generation Manual, 5th Edition, which provides parking demand data collected at similar land-uses surveyed across the United States. The hourly parking demand based on observed demand at similar land-uses are presented in Table 4. The parking demand rates presented in Table 4 are reflective of average observed parking demand at similar uses to those proposed as part of the project. • The day care would be operational Monday through Friday. Parking demand typically peaks in the morning during drop-off and in the afternoon and evening during pick-up hours, with peak levels of activity largely based on the operating characteristics of the facility. • Retail parking demand was estimated using data for General Shopping Center (Land Use 820). Retail parking demand typically peaks in the afternoon, with demand tapering in the evening but remaining high overall. • Restaurant parking demand was calculated assuming a variety of restaurant types would be provided, including one Quality Restaurants (Land Use 931) occupying up to 6,000 square-feet, and the remaining restaurant space occupied by a High-Turnover Sit-Down Restaurants (Land Use 932). It was assumed that both restaurant types would be open for lunch and dinner service only. 6.1.d Packet Pg. 290 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n - S h a r e d P a r k i n g A s s e s s m e n t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 0 1 8 - 0 0 0 1 0 ) ) Obaid Khan May 2, 2019 Page 5 of 9 Table 2: Time-of-Day Distribution for Parking Demand Time of Day Monday-Thursday Friday Saturday Day Care1 Retail2 Quality Resturant3 High Turnover4 Day Care1 Retail2 Quality Resturant3 High Turnover4 Day Care1 Retail2 Quality Resturant3 High Turnover4 6:00 – 7:00 AM 13% - - - 13% - - - - - - - 7:00 – 8:00 AM 100% - - - 100% - - - - - - - 8:00 – 9:00 AM 50% 15% - - 50% 32% - - - 27% - - 9:00 – 10:00 AM 29% 32% - - 29% 50% - - - 46% - - 10:00 – 11:00 AM 34% 54% - 26% 34% 67% - 26% - 67% - 87% 11:00 – 12:00 PM 29% 71% 20% 43% 29% 80% 11% 43% - 85% 11% 90% 12:00 – 1:00 PM 24% 99% 51% 95% 24% 100% 37% 95% - 95% 37% 100% 1:00 – 2:00 PM 24% 100% 56% 95% 24% 98% 54% 95% - 100% 54% 98% 2:00 – 3:00 PM 26% 90% 40% 49% 26% 90% 29% 49% - 98% 29% 85% 3:00 – 4:00 PM 34% 83% 27% 39% 34% 78% 22% 39% - 92% 22% 73% 4:00 – 5:00 PM 74% 81% 27% 37% 74% 81% 14% 37% - 86% 14% 58% 5:00 – 6:00 PM 92% 84% 39% 62% 92% 86% 18% 62% - 79% 18% 63% 6:00 – 7:00 PM 24% 86% 71% 99% 24% 84% 42% 99% - 71% 42% 76% 7:00 – 8:00 PM - 80% 100% 100% - 79% 91% 100% - 69% 91% 78% Notes: 1. ITE land-use category 565 – Day Care Center Estimated from time-of-Day distribution for trips to/from site found in Trip Generation Manual, 10th Edition. Adjustments were made to account for employee parking demand and to the time-of-day distribution in the evening to reflect the peak pick-up period to be between 4:30 and 6:00 PM. 2. ITE land-use category 820 – Shopping Center (Non-December) Time-of-day distribution provided in Parking Generation Manual, 5th Edition. 3. ITE land-use category 931 – Quality Restaurant Time-of-day distribution provided in Parking Generation Manual, 5th Edition. The Saturday parking distribution was not provided; therefore, Friday was parking distribution was used for Saturday. 4. ITE land-use category 932 – High-Turnover Sit-Down Restaurant assuming Breakfast, Lunch and Dinner service. Separate Friday data was not provided; therefore, the Monday through Thursday data was used for Friday. Source: Parking Generation Manual, 5th Edition (ITE), Trip Generation Manual, 10th Edition (ITE), and Fehr & Peers. 6.1.d Packet Pg. 291 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n - S h a r e d P a r k i n g A s s e s s m e n t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l Obaid Khan May 3, 2019 Page 6 of 9 Table 3: Time-of-Day Distribution Applied to City Code Requirements Time of Day Monday-Thursday Friday Saturday Day Care Retail Quality Rest.1 High- Turn Rest.1 Total Parking Surplus Day Care Retail Quality Rest.1 High- Turn Rest.1 Total Parking Surplus Day Care Retail Quality Rest.1 High- Turn Rest.1 Total Parking Surplus 6:00 – 7:00 AM 7 0 0 0 7 139 7 0 0 0 7 139 0 0 0 0 0 146 7:00 – 8:00 AM 49 0 0 0 49 97 49 0 0 0 49 97 0 0 0 0 0 146 8:00 – 9:00 AM 18 3 0 0 21 125 18 7 0 0 25 121 0 6 0 0 6 140 9:00 – 10:00 AM 8 7 0 0 15 131 8 11 0 0 19 127 0 10 0 0 10 136 10:00 – 11:00 AM 11 11 0 15 37 109 11 14 0 15 40 106 0 14 0 50 64 82 11:00 – 12:00 PM 7 15 7 25 54 92 7 17 4 25 53 93 0 18 4 51 73 73 12:00 – 1:00 PM 4 21 18 54 97 49 4 21 13 54 92 54 0 20 13 57 90 56 1:00 – 2:00 PM 5 21 20 54 100 46 5 21 19 54 99 47 0 21 19 56 96 50 2:00 – 3:00 PM 7 19 14 28 68 78 7 19 10 28 64 82 0 21 10 48 79 67 3:00 – 4:00 PM 10 17 9 22 58 88 10 16 8 22 56 90 0 19 8 42 69 77 4:00 – 5:00 PM 29 17 9 21 76 70 29 17 5 21 72 74 0 18 5 33 56 90 5:00 – 6:00 PM 39 18 14 35 106 40 39 18 6 35 98 48 0 17 6 36 59 87 6:00 – 7:00 PM 6 18 25 56 105 41 6 18 15 56 95 51 0 15 15 43 73 73 7:00 – 8:00 PM 0 17 35 57 109 37 0 17 32 57 106 40 0 14 32 44 90 56 Notes: Bold indicates time period when peak parking demand occurs. 1. Restaurant parking demand was calculated assuming a variety of restaurant types would be provided, including one Quality Restaurants (Land Use 931) occupying up to 6,000 square-feet, and the remaining restaurant space occupied by a High-Turnover Sit-Down Restaurants (Land Use 932). Source: Parking Generation Manual, 5th Edition (ITE) and Fehr & Peers. 6.1.d Packet Pg. 292 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n - S h a r e d P a r k i n g A s s e s s m e n t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l Obaid Khan May 3, 2019 Page 7 of 9 Table 4: Estimated Parking Demand based on Observed Peak Parking Demand at Land-uses Time of Day Monday-Thursday Friday Saturday Day Care1 Retail2 Quality Rest.3 High- Turn Rest.4 Total5 Parking Surplus (Deficit) Day Care1 Retail2 Quality Rest.3 High- Turn Rest.4 Total5 Parking Surplus (Deficit) Day Care1 Retail2 Quality Rest.3 High- Turn Rest.4 Total5 Parking Surplus (Deficit) 6:00 – 7:00 AM 5 0 0 0 5 141 5 0 0 0 5 141 0 0 0 0 0 146 7:00 – 8:00 AM 38 0 0 0 38 108 38 0 0 0 38 108 0 0 0 0 0 146 8:00 – 9:00 AM 19 2 0 0 21 125 19 5 0 0 24 122 0 5 0 0 5 141 9:00 – 10:00 AM 11 4 0 0 15 131 11 8 0 0 19 127 0 8 0 0 8 138 10:00 – 11:00 AM 13 7 0 24 44 102 13 11 0 29 53 93 0 12 0 106 118 28 11:00 – 12:00 PM 11 9 13 40 73 73 11 13 10 48 82 64 0 15 11 109 135 11 12:00 – 1:00 PM 9 12 32 89 142 4 9 16 33 107 165 (19) 0 17 38 122 177 (31) 1:00 – 2:00 PM 9 12 35 89 145 1 9 16 48 107 180 (34) 0 18 55 119 192 (46) 2:00 – 3:00 PM 10 11 25 46 92 54 20 15 26 55 116 30 0 18 30 103 151 (5) 3:00 – 4:00 PM 13 10 17 36 76 70 19 13 20 44 96 50 0 17 22 89 128 18 4:00 – 5:00 PM 28 10 17 35 90 56 20 13 12 42 87 59 0 15 14 71 100 46 5:00 – 6:00 PM 35 10 25 58 128 18 23 14 16 70 123 23 0 14 18 77 109 37 6:00 – 7:00 PM 9 10 45 93 157 (11) 9 14 37 111 171 (25) 0 13 43 92 148 (2) 7:00 – 8:00 PM 0 10 63 93 166 (20) 0 13 81 112 206 (60) 0 12 93 95 200 (54) Notes: Bold indicates time period when parking demand exceeds proposed supply. Italics indicates time periods when practical capacity of the parking lot is reached. 1. ITE land-use category 565 – Day Care Center Weekday (M-F) Peak Period Parking Demand in a General Urban/Suburban Setting: (T) = 0.24 (X); X = 160 Students 2. ITE land-use category 820 – Shopping Center (Non-December) Weekday (M-Th)/Friday/Saturday Peak Period Parking Demand in a General Urban/Suburban Setting: (M-Th) = 1.95(X); (F) = 2.61(X); (S) = 2.91(X); X=1,000 sq. ft. 3. ITE land-use category 931 – Quality Restaurant Weekday (M-Th)/Friday/Saturday Peak Period Parking Demand in a General Urban/Suburban Setting: (M-Th) = 10.52(X); (F) = 14.84(X); (S) = 17.00(X); X=1,000 sq. ft. 4. ITE land-use category 932 – High-Turnover Sit-Down Restaurant Weekday (M-Th)/Friday/Saturday Peak Period Parking Demand in a General Urban/Suburban Setting: (M-Th) = 9.44 (X); (F) = 11.33 (X); (S) = 12.28 (X); X=1,000 sq. ft. 5. When parking demand is projected to be between 124 and 131 spaces, the practical capacity of the parking lot has been reached. Source: Parking Generation Manual, 5th Edition (ITE) and Fehr & Peers. 6.1.d Packet Pg. 293 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n - S h a r e d P a r k i n g A s s e s s m e n t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l Obaid Khan May 2, 2019 Page 8 of 9 The estimated peak parking demand for the proposed project uses, based on observed peak parking demand at similar land-uses, is 206 vehicles. This level of demand could occur in the evening on a Friday between 7:00 and 8:00 PM. Parking demand is also expected to exceed the available supply during weekday evenings and during the lunch period on Friday and Saturdays. The estimated peak parking demand exceeds both the proposal by the applicant (146 spaces) and the Dublin Municipal Code requirements (162 spaces). Additionally, the parking assessment does not consider circulation efficiency factors. When only a few spaces are remaining in a parking lot, it can be difficult for patrons to find a remaining vehicle space, which can result in the perception that a parking lot is full, even if there are a few open spaces. For commercial projects, a circulation efficiency factor of 10 to 15 percent is usually applied, meaning that at this site, the parking lot will be perceived as full when parking demand is between 124 and 131 spaces. When the circulation efficiency factor is considered, the parking lot would operate at functional capacity during most weekdays around the lunch hour. The estimated peak parking demand does not assume any reductions to account for internalized trips (i.e. a person parks once and visits multiple destinations within the project site) as future tenants of the remaining commercial space is unknown. Depending on the final tenant composition, the actual parking demand could increase or decrease. For example, high-turn over sit-down restaurants that provide breakfast service (even if they are open for dinner) tend to have lower parking demand in the evening as compared to high-turn over sit-down restaurants that only serve lunch and dinner. Additionally, it should also be noted that parking demand for retail destinations during the month of December could be higher. CONCLUSIONS AND RECOMMENDATIONS Based on the proposed land-use composition, the proposed parking supply of 146 spaces may not be adequate to meet the estimated weekday peak parking demand, even considering shared parking. Reducing the overall development size or reducing the square footage allocated to restaurant space could result in parking demand more in-line with the proposed supply. In addition to changes in overall project size and land use mix, the implementation of Parking Demand Management (PDM) strategies may also off-set peak hour parking demand. Examples of PDM strategies that could be implemented include: • Reconfigure the site plan to include a drop-off/pick-up area for the day care with curbside unloading/loading provided during periods of peak demand. This could reduce the 6.1.d Packet Pg. 294 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n - S h a r e d P a r k i n g A s s e s s m e n t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 0 1 8 - 0 0 0 1 0 ) ) Obaid Khan May 2, 2019 Page 9 of 9 amount of time required for individual drop-off/pick-up procedures, reducing the overall parking demand. • Implement time restricted (5 minutes) parking spaces in front of the day care during the morning and evening drop-off and pick-up periods. This would encourage turnover of these spaces during peak time periods to reduce overall parking demand. • Restrict the maximum square-footage associated with a quality restaurant to 6,000 square- feet, and provide a mix of other restaurant types to balance parking demands, such as including a restaurant that focuses on breakfast service that may have high levels of activity in the morning, but lower levels of activity around lunch and dinner hours. • For quick-service restaurants, or those with significant take-out patronage, designate time restricted spaces in front of those establishments to encourage parking turn-over. • Designate employee parking locations in more remote areas of the site to keep prime parking spaces open for business patrons; if needed, consider leasing parking from adjacent developments that may have excess parking on a typical weekday for employee parking. • Provide transit subsidies for employees to encourage rail/bus transit and shared rail-hailing services such as Uber-Pool and Lyft-Line. • Implement valet parking for the restaurant uses on Fridays and weekends, and potentially during weekday lunch periods as dictated by demand. • Monitor parking demand as the site uses are developed and occupied and implement additional strategies as necessary to manage the overall parking supply. These strategies should be examined for appropriateness and their potential to reduce parking demand as specific tenants are identified for the remainder of the project site, as specific restaurant types could have lower or higher parking demand rates on a typical weekday than assumed in this assessment. This concludes the shared-parking analysis for the proposed Grafton Preschool and commercial development. If you have any questions, please contact Diwu Zhou at (925) 930-7100 if you have questions. 6.1.d Packet Pg. 295 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n - S h a r e d P a r k i n g A s s e s s m e n t ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 0 1 8 - 0 0 0 1 0 ) ) RESOLUTION NO. 19-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDNG THAT THE CITY COUNCIL DENY AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT WITH AMENDED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS FOR THE GRAFTON PLAZA DAYCARE AND RETAIL PROJECT APN 985-0061-018 PLPA 2018-00010 WHEREAS, the Applicant, Eddy Li, is proposing to construct three commercial buildings totaling 31,860 square feet on a 3.68-acre site within a portion of the 12.23-acre Grafton Plaza site. The proposed development and applications are collectively known as the “Project;” and WHEREAS, the applications include amendments to the Planned Development Zoning Stage 1 and Stage 2 Development Plans, a Site Development Review Permit and a Minor Use Permit; and WHEREAS, the project site is located at the southeast corner of Dublin Boulevard and Grafton Street within the Eastern Dublin Specific Plan area, and more specifically within the Grafton Plaza Planned Development; and WHEREAS, the project site is located within a Planned Development Zoning District for which a Stage 1 Development Plan was approved for the subject site on May 18, 2010, (Ordinance No. 10- 10) and a Stage 2 Development Plan was approved for the subject site on April 19, 2016, (Ordinance 05-16); and WHEREAS, on May 18, 2010, the City Council adopted a Mitigated Negative Declaration (MND) by City Council Resolution No. 75-10 in connection with approval of the Grafton Plaza Planned Development Rezone and related Stage 1 Development Plan; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project was examined to determine if another environmental document should be prepared. The analysis concluded that the environmental impacts of the Project were analyzed in the previous MND. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines Section 15162 exists; and WHEREAS, a Staff Report, dated December 10, 2019, was submitted to the Planning Commission recommending City Council approval of the Project; and WHEREAS, on December 10, 2019, the Planning Commission held a properly noticed public hearing on the Project, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hear and use its independent judgement and considered all said reports, recommendations, and testimony hereinabove set forth prior to making i ts recommendation on the project. 6.1.e Packet Pg. 296 At t a c h m e n t : 5 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n s N o . 1 9 - 1 3 a n d 1 9 - 1 4 ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 0 1 8 - 0 0 0 1 0 ) ) NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council deny an Ordinance (which includes the amended Planned Development Zoning Stage 1 and Stage 2 Development Plans, based on a finding that development of the proposed project would not be harmonious and compatible with existing and future development in the surrounding area for the following reasons: 1) access to the site from Summit Road and on -site circulation would create unsafe conditions; 2) traffic from the project site when combined with traffic from the adjacent Apex residential townhouse project would result in conflicts; and 3) the proposed site plan with a large field of parking facing Dublin Boulevard and the proposed retail building with their backs on Grafton Street would result in an unattractive project. PASSED, APPROVED, AND ADOPTED this 10th day of December 2019 by the following vote: AYES: Benson, Grier, Kothari, Mittan, Wright NOES: Thalblum ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ______________________________ Assistant Community Development Director 6.1.e Packet Pg. 297 At t a c h m e n t : 5 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n s N o . 1 9 - 1 3 a n d 1 9 - 1 4 ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 0 1 8 - 0 0 0 1 0 ) ) RESOLUTION NO. 19-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ADOPT A RESOLUTION TO DENY A SITE DEVELOPMENT REVIEW PERMIT FOR CONSTRUCTION OF THREE COMMERCIAL BUILDINGS WITH A TOTAL OF 31,680 SQUARE FEET ON 3.68 ACRES AND A MINOR USE PERMIT TO ALLOW A PARKING REDUCTION FOR SHARED PARKING FOR GRAFTON PLAZA DAYCARE AND RETAIL PROJECT APN 985-0061-018 PLPA-2018-00010 WHEREAS, the Applicant, Eddy Li, is proposing to construct three commercial buildings totaling 31,860 square feet on a 3.68-acre site within a portion of the 12.23-acre Grafton Plaza site. The proposed development and applications are collectively known as the “Project;” and WHEREAS, the applications include a Planned Development Rezone with related amendments to previously approved Stage 1 and Stage 2 Development Plans, a Site Development Review Permit and a Minor Use Permit; and WHEREAS, the project site is located at the southeast corner of Dublin Boulevard and Grafton Street within the Eastern Dublin Specific Plan area, and more specifically within the Grafton Plaza Planned Development; and WHEREAS, on May 18, 2010, the City Council adopted a Mitigated Negative Declaration (MND) by City Council Resolution No. 75-10 in connection with approval of the Grafton Plaza Rezone and Stage 1 Development Plan; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project was examined to determine if another environmental document should be prepared. The analysis concluded that the environmental impacts of the Project were analyzed in the previous MND. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines Section 15162 exists; and WHEREAS, a Staff Report was presented to Planning Commission dated December 10, recommending that the City Council approve the proposed Project; and WHEREAS, on December 10, 2019, the Planning Commission held a properly noticed public hearing on the Project, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove herein above set forth prior to making its recommendation on the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. 6.1.e Packet Pg. 298 At t a c h m e n t : 5 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n s N o . 1 9 - 1 3 a n d 1 9 - 1 4 ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 0 1 8 - 0 0 0 1 0 ) ) 2 of 2 BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin recommends that the City Council deny a Site Development Review Permit and Minor Use Permit for the Grafton Plaza Daycare and Retail Project based on a finding that development of the proposed project would not be harmonious and compatible with existing and future development in the surrounding area for the following reasons: 1) access to the site from Summit Road and on- site circulation would create unsafe conditions; 2) traffic from the project site when combined with traffic from the adjacent Apex residential townhouse project would result in conflicts; and 3) the proposed site plan with a large field of parking facing Dublin Boulevard and the proposed retail building with their backs on Grafton Street would result in an unattractive project. PASSED, APPROVED AND ADOPTED this 10th day of December 2019 by the following vote: AYES: Benson, Grier, Kothari, Mittan, Wright NOES: Thalblum ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director 6.1.e Packet Pg. 299 At t a c h m e n t : 5 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n s N o . 1 9 - 1 3 a n d 1 9 - 1 4 ( G r a f t o n P l a z a D a y c a r e a n d R e t a i l P r o j e c t ( P L P A - 2 0 1 8 - 0 0 0 1 0 ) ) Page 1 of 6 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Introduction of an Ordinance Banning the Sale of Flavored Tobacco and Electronic Smoking Devices, and Report on Additional Policies Deterring the Use of Tobacco Products Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider adopting an Ordinance Banning the Sale of Flavored Tobacco and Electronic Smoking Devices and will receive a report on additional, related policies and educational opportunities to further deter the use of tobacco products within the City of Dublin. STAFF RECOMMENDATION: Waive the reading and INTRODUCE an Ordinance Amending Chapter 4.40 (Tobacco Retailers) To Title 4 (Regulation Of Businesses) of the Dublin Municipal Code regarding banning the sale of flavored tobacco and electronic smoking devices; and, receive a report on additional, related policies and educational opportunities to further deter the use of tobacco products within the City of Dublin. FINANCIAL IMPACT: None. DESCRIPTION: Background On November 19, 2019, following a presentation and discussion on flavored tobacco prohibitions, the City Council directed Staff to prepare an Ordinance banning the sale of flavored tobacco and electronic smoking devices as well as a report of other additional, related policy options, and educational opportunities for the City Council to consider to further deter the use of tobacco products within the City of Dublin. Over the past several years, the number of youths who use e-cigarettes has grown exponentially. The most attributable cause of this is the availability of flavored tobacco products. According to the most recent National Youth Tobacco Survey, more than 5 7.1 Packet Pg. 300 Page 2 of 6 million youths are using e-cigarettes today, increasing from 2.6 million in the prior year’s survey. This striking rise has led numerous cities locally and across the country to evaluate and enact policies to ban the sale of flavored tobacco products and, in some jurisdictions, electronic smoking devices altogether. The table below details a sample of the cities within the Bay Area with varying bans on the sale of flavored tobacco and e - cigarette products. These cities include, among others: Municipality Flavored Tobacco Sales Prohibition E-Cigarette (Device and Cartridge) Sales Prohibition City of Alameda Yes No City of Fremont Yes No City of Livermore Yes Yes* City of Richmond Yes Yes* City of San Leandro Yes** No City and County of San Francisco Yes Yes* *Unless approved by the FDA and not flavored. **Except for menthol-flavored cigarettes. Evolving Federal and State Policy On January 2, 2020 the FDA announced that it would ban the sale of flavored e - cigarette cartridges, except for menthol and tobacco flavored products. However, refillable vaporizer liquid flavors would be excluded from the ban. On January 6, 2020 State Senator Jerry Hill introduced Senate Bill 793 which would prohibit those flavored tobacco products not included in the Federal ban. The legislation would prohibit flavors for combustible cigarettes, cigars, chewing tobacco, and hookahs. Current Policy The City of Dublin’s Tobacco Retail License program (DMC Chapter 4.40) is the main vehicle for regulating the sale of tobacco products within the City. Tobacco retailers are currently able to sell tobacco products (i.e. any substance containing tobacco or derived from tobacco) regardless of the product’s flavor. This includes more established for ms of tobacco like cigars, cigarettes, and chewing tobacco as well as electronic smoking devices and products containing synthetically produced nicotine. Retailers are also able to sell tobacco paraphernalia (i.e. electronic smoking device cartridges, liqu ids, and any item designed for the smoking, preparation, storing, consumption, or use of tobacco products or electronic smoking devices). The Annual Tobacco Retail License Fee is $298 which covers the administrative cost of the Tobacco Retail License Program. Any business wishing to sell tobacco products must acquire a Tobacco Retailer’s License and be located in the C-1 or C-2 Zoning District or certain Planned Development Zoning Districts and, be a certain distance from other tobacco retailer, school, park, library, city-owned recreational facility, youth center, and playground. The City currently has 30 licensed tobacco retailers authorized under DMC Section 4.40. 7.1 Packet Pg. 301 Page 3 of 6 The City also bans smoking and the use of e-cigarettes in all public spaces and places of business (DMB Chapter 5.56). Proposed Policy The attached Ordinance amends Dublin Municipal Code (DMC) Section 4.40 to ban the sale of flavored tobacco products, or tobacco products which impart a “Characterizing Flavor.” This definition ensures that products that do not have an explicit flavor identified (e.g. “iced madness,” “OMG”) are still subject to the ban. Only tobacco flavored tobacco products may be sold in the City. Under the new regulations, no entity within the City may sell an electronic smoking device. This is regardless to whether the device has been approved by the Food and Drug Administration and whether the device is tobacco flavored. The proposed Ordinance shall take effect and be enforced 30 days following its adoption. However, until July 1, 2020, City will not enforce those portions of the Ordinance prohibiting the sale the flavored tobacco products or electronic smoking devices. This is to allow time for tobacco retailers to become compliant with these new regulations. Additional Policy Alternatives Bans on the sale of flavored tobacco and e-cigarettes are the most direct way of restricting and reducing access to vaping-related tobacco products. However, the City may wish to enact additional policies that further limit access t o all tobacco products, as the following section describes. The next series of policy alternatives are grounded in a basic economic assumption that an increase in a product’s cost will result in a decrease in demand. In other words, these policies aim to reduce overall use by increasing the costs of the products themselves. Alternative 1: Tobacco Excise Tax (Voter Approval Required) Excise taxes, or selective sales taxes, are taxes levied on a specific transaction. Often, excise taxes are put in place to deter individuals from purchasing a type or category of goods in an attempt to curb the demand of such products (sometimes referred to as “Sin Taxes”). These taxes provide an effective way to directly increase the cost of a specific product. The State of California levies an excise tax on the sale of tobacco products at a rate of $0.89. While local taxes on sales of certain products, such as cigarettes and tobacco products are preempted by state law (Cal. Rev. & Tax. Code §§ 30111, 30462(b)) the City could explore a tax on the “privilege” to purchase tobacco products, akin to what several cities have done with the sugar-sweetened beverage tax. This would require voter approval of either a simple majority or two-thirds majority depending on whether the revenue generated would be unrestricted or for a specific purpose, respectively. The City does not have a formal estimate for the amount of revenue a potential excise 7.1 Packet Pg. 302 Page 4 of 6 tax would yield but anticipates any revenue would be marginal due to the narrow base for the tax. Staff believes that such negligible revenue would not warrant the effort to pursue voter approval. Alternative 2: Minimum Price Floor on Tobacco Products Similar to the Tobacco Excise Tax, establishing a minimum price floor or purchase price for tobacco products would increase the cost of a tobacco product. However, whereas the Tobacco Excise Tax would apply to all tobacco products and a portion of the revenues would go to the City, the minimum price floor would only affect those tobacco products priced below the price floor and could, consequently, increase revenues for tobacco retailers. A 2018 study by The Ohio State University found that a minimum price floor of $10 could reduce the sale of cigarettes by over 5 billion packs annually. Neither the State nor Federal Governments have such policies in place. Yet, there are at least 25 states with a variation of a minimum price floor policy, a relic of the mid -20th century enacted to protect tobacco retailers against predatory business practices of the time. These usually took the form of a percentage markup above a wholesale or retail price. At the municipal level, a standard dollar figure would be simpler to enforce than a percentage markup above a wholesale/retail price set by tobacco produc t producers. Locally, the following jurisdictions employ a minimum price floor on tobacco products in this manner, as defined in their respective code of ordinances: Jurisdiction Minimum Price Floor City of San Leandro $7.00 per 5 cigars County of Sonoma $7.00 per package of 20 cigarettes; $7.00 per package of 5 little cigars; $7.00 per package of 5 cigars City of Windsor $7.00 per package of 20 cigarettes; $7.00 per package of 5 little cigars; $7.00 per package of 5 cigars; $7.00 per package of 5 units of chewing tobacco Each of these policies includes a Consumer Price Index annual inflator. Alternative 3: Prohibit Tobacco Product Discounts, Coupons, and Promotions Another strategy for maintaining the price of tobacco products is a ban on the redemption of tobacco product coupons or discounts often issued by tobacco companies. The State of California prohibits tobacco retailers from distributing coupons for some tobacco products, but these regulations neglect to include e -cigarettes and cigars. By banning the redemption of these coupons, the City would ensure that all residents would have to pay the full retail price of a tobacco product. The City of Oakland enacted a law to prohibit coupon redemption and tobacco discounts in 2017. Along with the proposed ordinance to ban flavored tobacco and e-cigarette products, alternatives 1 through 3 would likely create reductions in revenue for local businesses 7.1 Packet Pg. 303 Page 5 of 6 as a result of fewer individuals purchasing tobacco products. These policies are also considered regressive in nature, meaning that lower-income individuals would have to pay a larger percentage of their overall income to purchase a tobacco product impacted by one of these alternatives than individuals with a higher income. Beyond policies that attempt to curb tobacco usage through economic disincentives, the City may also restrict access to tobacco products through the following alternatives: Alternative 4: Bolster Existing Buffer Zones Under the City’s existing regulations, tobacco retailers shall be at least 1,000 feet from any school as well as any other licensed tobacco retailer. Tobacco retailers shall also be at least 500 feet from any park, library, city-owned recreational facility, youth center, and playground. By increasing these buffer zones , the spaces in which a potential tobacco retailer can legally operate would become more limited. The City Council may elect to amend the zoning code to increase the buffer zones to further limit the locations and, subsequently, the number of tobacco retailers in the City. Under this alternative, a current licensee would be a legal, non-conforming use and would be able to continue its operations unless operations have seized for consecutive 12 months , limiting the efficacy of this alternative. Alternative 5: Limit the Number of Tobacco Retail Licenses The City currently has 30 licensed tobacco retailers. The City may wish to cap this amount or establish a formula for determining the number of available tobacco retail licenses. For example, California state law limits the number of stores selling alcohol (not including restaurants and bars) to one license for every 2,500 people residing in the City. Using this formula logic, the City would currently have the number of licensed tobacco retailers for a City with a population of 75,000. The City and County of San Francisco employs a variation of this policy which caps the number of tobacco retail licenses available at 45 within each Supervisorial District to both reduce the number of tobacco retailers as well as prevent the clustering of such retailers in certain areas. Alternative 6: Ban the Sale of Tobacco Products in Pharmacies or Stores Containing Pharmacies In 2014 CVS Pharmacy removed all tobacco products from their stores across the County. However, there are other pharmacy chains that still sell tobacco products in their stores. None of the licensed tobacco retailers in the City are located in a stand - alone pharmacy, however two Safeway stores, which contain pharmacies, are licensed to sell tobacco products (both Lucky and 99 Ranch are licensed tobacco retailers but do not contain a pharmacy). The City Council could further restrict the access to tobacco products by banning them in pharmacies or stores that contain pharmacies. Alternative 7: Tiered Tobacco Retail License Program The County of Sonoma, among other agencies, created a tiered system for regulating tobacco products and retailers. Under this regulatory framework, those tobacco retailers meeting the criteria below would be subject to additional regulations, beyond those of the current Tobacco Retail License program. The County of Sonoma has set their criteria as: Twenty percent (20%) or more of their floor or display area devoted to tobacco products, paraphernalia, or both; or, 7.1 Packet Pg. 304 Page 6 of 6 Sixty percent (60%) of gross sales receipts are derived from the sale or exchange of tobacco products, paraphernalia, or both; or, Fifty percent (50%) or more of completed sales transactions include tobacco products or tobacco paraphernalia. Any tobacco retailer meeting one or more of these criteria is considered a “Significant Tobacco Retailer.” Significant Tobacco Retailers must require positive identification of any store patron, confirming they are at least the minimum age under state law to purchase and possess tobacco prior to them entering the store. A program of this nature would require additional administrative support above the current program due to the review and audit of a tobacco retailer’s gross sales receipts, sales transactions, and store/display layout. Such regulations would warrant the establishment of an increased licensing fee to recover these costs. Staff is seeking direction from the City Council on which of these policy alternatives, if any, to prepare ordinances for adoption. Additional Educational Opportunities The City is in the process of developing a Public Safety Announcement (PSA) to increase awareness around youth tobacco usage and the health impacts caused by it. This PSA will be ready for distribution in February and will be shown on TV30 as well as the City’s various social media channels. The City could, additionally, develop signs or posters detailing the health risks associated with tobacco usage and require, as a condition of the Tobacco Retail License, for tobacco retailers to display such signage prominently in their stores or near their tobacco displays. Staff is seeking further direction and feedback on whether to pursue additional educational opportunities. If it is determined that such educational programs are desired, an estimate of costs and Staff time will be developed . STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In preparation of this item, Staff sent a letter to each Tobacco Retailer Licensee notifying them of the potential changes to the City’s existing tobacco regulations. Staff also notified other interested parties via email. ATTACHMENTS: 1. Ordinance Banning the Sale of Flavored Tobacco and Electronic Smoking Devices 7.1 Packet Pg. 305 ORDINANCE NO. __ - 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** AMENDING CHAPTER 4.40 (TOBACCO RETAILERS) TO TITLE 4 (REGULATION OF BUSINESSES) OF THE DUBLIN MUNICIPAL CODE WHEREAS, the United States Surgeon General has concluded that secondhand smoke exposure can cause serious health problems, especially in children; and WHEREAS, even occasional exposure to secondhand smoke is harmful, and low levels of exposure to secondhand tobacco smoke can lead to increased health risks; and WHEREAS, electronic cigarettes produce an aerosol or vapor of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products; and WHEREAS, the W orld Health Organization (W HO) recommends that electronic smoking devices not be used indoors, especially in smoke free environments, in order to minimize the risk to bystanders of breathing in the aerosol emitted by the devices and to avoid undermining the enforcement of smoke free laws; and WHEREAS, the smoking of tobacco and the use of electronic cigarettes are forms of air pollution and are a danger to public health as well as a material public nuisance; and WHEREAS, the California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority; and WHEREAS, despite local, state, and federal efforts to limit youth access to tobacco, minors are still able to access tobacco products; and WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act, enacted in 2009, prohibited candy and fruit -flavored cigarettes, largely because these flavored products were marketed to youth and young adults, and younger smokers were more likely to have tried these products than older smokers; and WHEREAS, although the manufacture and distribution of flavored cigarettes (excluding menthol) is banned by federal law, neither federal nor California laws restrict sales of flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, and electronic smoking devices and the nicotine solutions used in these devices; and 7.1.a Packet Pg. 306 At t a c h m e n t : 1 . O r d i n a n c e B a n n i n g t h e S a l e o f F l a v o r e d T o b a c c o a n d E l e c t r o n i c S m o k i n g D e v i c e s ( F l a v o r e d T o b a c c o a n d E - C i g a r e t t e B a n ) WHEREAS, flavored non-cigarette tobacco products have become increasingly common and are available in a variety of flavors that appeal to children and young adults, including apple, cherry, chocolate, grape, peach, strawberry, and vanilla; and WHEREAS, the U.S. Surgeon General has stated that flavored tobacco products are considered to be “starter” products that help establish smoking habits that can lead to long-term addiction; and WHEREAS, electronic cigarette companies have targeted minors with fruit- flavored products, and it is unknown if e-cigarettes may lead minors to try other tobacco products; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and WHEREAS, California state law prohibits the sale or distribution of free or nominal- cost cigarettes or smokeless tobacco products (or coupons, coupon offers, or rebate offers for such products) on public grounds or on private grounds that are open to the public; and WHEREAS, California state law specifically allows adoption of a local ordinance related to the distribution of free or nominal-cost tobacco products that is “more restrictive” and provides that a stricter local ordinance shall govern in the case of any inconsistency between the local ordinance and state law; and WHEREAS, the FDA and federal law also expressly grants state and local governments the right to enact measures that are more restrictive than those in the federal law; and WHEREAS, the City of Dublin has a substantial interest in promoting compliance with federal, state, and local laws prohibiting the sale or furnishing of tobacco products and electronic cigarette products to minors; in discouraging the illegal purchase of tobacco and electronic cigarette products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and in protecting children from being lured into illegal activity through adult misconduct; and WHEREAS, since Chapter 4.40 was last amended in 2010, the public has been presented with more information about the dangers of electronic cigarettes and flavored tobacco products; and WHEREAS, it is the intent of the City Council, in enacting this ordinance, to ensure compliance with the business standards and practices of the City of Dublin and to encourage responsible tobacco retailing and to discourage violations of tobacco -related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts 7.1.a Packet Pg. 307 At t a c h m e n t : 1 . O r d i n a n c e B a n n i n g t h e S a l e o f F l a v o r e d T o b a c c o a n d E l e c t r o n i c S m o k i n g D e v i c e s ( F l a v o r e d T o b a c c o a n d E - C i g a r e t t e B a n ) regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1. Recitals. The above recitals are true and correct and made a part of this Ordinance. Section 2. Approval of Amendments. Chapter 4.40.020 of the Dublin Municipal Code is amended as follows (with additions in italics and deletions in strikethrough): 4.40.020 Definitions. “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction. “Chief of Police” means the Chief of the Dublin Police Department or his or her designee. “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand. “Cigarette” means (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein. “Characterizing flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. “Electronic smoking device” or “e-cigarette” means any device or delivery system sold in combination with nicotine which can be used to deliver to a person nicotine in 7.1.a Packet Pg. 308 At t a c h m e n t : 1 . O r d i n a n c e B a n n i n g t h e S a l e o f F l a v o r e d T o b a c c o a n d E l e c t r o n i c S m o k i n g D e v i c e s ( F l a v o r e d T o b a c c o a n d E - C i g a r e t t e B a n ) aerosolized or vaporized form, including, but not limited to, an e -cigarette, e-cigar, e- pipe, vape pen, or e-hookah. Electronic cigarettes include any component, part, or accessory of such a device that is used during the operation of the device when sold in combination with any liquid or substance containing nicotine. Electronic cigarettes also include any liquid or substance containing nicotine, whether sold separately or sold in combination with any device that could be used to deliver to a person nicotine in aerosolized or vaporized form. Electronic cigarettes do not include any device not sold in combination with any liquid or substance containing nicotine, or any battery, battery charger, carrying case, or other accessory not used in the operation of the device if sold separately. an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of vapors including nicotine and/or other substances. “Electronic smoking device” includes any similar device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor cigarette, or any other product name or descriptor. “Electronic smoking device” does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease. “Flavored tobacco product” means any tobacco product that imparts a characterizing flavor. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. “Self-service display” means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct pe rson-to- person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. “Smoking” means: (1) possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind) or (2) the use of an electronic smoking device. “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, electronic smoking device cartridges, electronic smoking device liquids, and any other item designed for the 7.1.a Packet Pg. 309 At t a c h m e n t : 1 . O r d i n a n c e B a n n i n g t h e S a l e o f F l a v o r e d T o b a c c o a n d E l e c t r o n i c S m o k i n g D e v i c e s ( F l a v o r e d T o b a c c o a n d E - C i g a r e t t e B a n ) smoking, preparation, storing, consumption, or use of tobacco products or electronic smoking devices. “Tobacco product” means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and (2) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah. (3) Notwithstanding any provision of subsections (1) and (2) to the contrary, “Tobacco product” includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. “Tobacco product” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. “Tobacco product” means any substance containing tobacco or derived from tobacco, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; any and all electronic smoking devices; and any product containing synthetically produced nicotine. “Tobacco product” does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. “Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco, tobacco products or tobacco paraphernalia. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. Chapter 4.40.03 of the Dublin Municipal Code is amended as follows (with additions in italics and deletions in strikethrough): 4.40.030 Tobacco retailer license required; General Requirements and Prohibitions. A. It shall be unlawful for any person to act as a tobacco retailer in the city of Dublin without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law. B. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location. 7.1.a Packet Pg. 310 At t a c h m e n t : 1 . O r d i n a n c e B a n n i n g t h e S a l e o f F l a v o r e d T o b a c c o a n d E l e c t r o n i c S m o k i n g D e v i c e s ( F l a v o r e d T o b a c c o a n d E - C i g a r e t t e B a n ) C. Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia. D. False and Misleading Advertising Prohibited. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a person whose license has been revoked: 1. Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under Section 4.40.100; and 2. Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location. E. License may be issued only to a business that will engage in tobacco retail activities at a fixed location. F. License Conveys a Limited, Conditional Privilege. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer a t the location in the city identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, but not limited to, any provis ion of this code, including without limitation the zoning ordinance, building codes, and business license tax ordinance, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a “retail or wholesale tobacco shop” for the purposes of California Labor Code Section 6404.5. G. Fee for License. The fee for the issuance and renewal of a tobacco retailer’s license shall be established from time to time by resolution of the City Council, and shall be due and payable at the time a license application is submitted to the city. The fee shall be calculated so as to include, but not exceed, the cost of administration and enforcement of this chapter, including the administration of the license program, retailer inspection and compliance checks. 1. In any year where grant funding has been obtained to recover the cost of administration and enforcement of this chapter, or a portion thereof, the amount of the license fee charged for the twelve (12) months following receipt of the grant funding 7.1.a Packet Pg. 311 At t a c h m e n t : 1 . O r d i n a n c e B a n n i n g t h e S a l e o f F l a v o r e d T o b a c c o a n d E l e c t r o n i c S m o k i n g D e v i c e s ( F l a v o r e d T o b a c c o a n d E - C i g a r e t t e B a n ) shall be reduced based on the amount of grant funding received and on the total number of tobacco retailers operating in the city. (Ord. 20-12 § 10 (part)) H. Sale of Flavored Tobacco Products Prohibited. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product. 1. There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored tobacco products, including, but not limited to, individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale. 2. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has: (a) made a public statement or claim that the tobacco product imparts a characterizing flavor; (b) used text and/or images on the tobacco product’s labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing favor; or (c) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing Flavor. I. Sale of Electronic Smoking Devices Prohibited. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, an electronic smoking device. Section 2: California Environmental Quality Act. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies o nly to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, 7.1.a Packet Pg. 312 At t a c h m e n t : 1 . O r d i n a n c e B a n n i n g t h e S a l e o f F l a v o r e d T o b a c c o a n d E l e c t r o n i c S m o k i n g D e v i c e s ( F l a v o r e d T o b a c c o a n d E - C i g a r e t t e B a n ) or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. However, until July 1, 2020 City will not enforce those portions of the Ordinance prohibiting the sale the flavored tobacco products or electronic smoking devices. Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _____ day of February, 2020. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 3451014.2 7.1.a Packet Pg. 313 At t a c h m e n t : 1 . O r d i n a n c e B a n n i n g t h e S a l e o f F l a v o r e d T o b a c c o a n d E l e c t r o n i c S m o k i n g D e v i c e s ( F l a v o r e d T o b a c c o a n d E - C i g a r e t t e B a n ) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: StopWaste.Org’s Proposals to Regulate Disposable Food Ware in Eating and Drinking Establishments Prepared by: Shannan Young, Environmental Coordinator EXECUTIVE SUMMARY: The City Council will receive a report on a potential food ware ordinance proposed by StopWaste and consider implementation options for the proposed ordinance. Potential implementation options include a countywide ordinance banning single-use disposable food ware in Alameda County eating and drinking establishments implemented and enforced by StopWaste; development of a model ordinance that cities could customize, adopt, and enforce as they wish; or no ordinance. STAFF RECOMMENDATION: Receive the report on the potential food ware ordinance and discuss the options proposed by StopWaste. FINANCIAL IMPACT: Measure D Funds could be used for implementation of a food ware ordinance. The funding amount necessary to implement an ordinance would depend on the type of ordinance developed by StopWaste. If a countywide ordinance were developed and adopted, the City of Dublin could contribute a proportionate amount of funds to StopWaste for development and implementation. StopWaste estimates it would take approximately $1,000,000 to develop, adopt, and roll-out the ordinance and up to $400,000 annually to implement. If a model ordinance were developed by StopWaste and the City Council adopted the model ordinance, Staff would be required to implement the ordinance. Enforcement could be completed as part of the Municipal Regional Stormwater NPDES Permit business inspection program for which fee recovery is included in the Master Fee Schedule. There would be no impact to the General Fund if a food ware ordinance were adopted by StopWaste. DESCRIPTION: Background On November 14, 2019, StopWaste sent a memorandum and related documents Page 2 of 4 (Attachment 1) to its Board of Directors providing notification of two potential paths that could be taken in regard to banning single-use disposable food ware in Alameda County eating and drinking establishments. The first option is a countywide ordinance implemented and enforced by StopWaste and the second option is development of a model ordinance that cities could customize, adopt, and enforce as they wish. StopWaste suggests a countywide ordinance would only be effective if all member agencies commit to and support the ordinance in its entirety. In contrast, development of a model ordinance would allow more flexibility for member agencies, but implementation and enforcement would have to be borne by the agencies themselves. Not mentioned in the StopWaste memorandum is a status-quo option, where neither a countywide ordinance nor a model ordinance is pursued at this time. The StopWaste memorandum also discusses challenges in developing a food ware ordinance, including its potential impact on SB 1383 assistance. New state-mandated regulations coming from SB 1383, Short-Lived Climate Pollutants, will go into effect beginning January 2022. SB 1383 establishes targets to achieve a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. The law establishes an additional target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. SB 1383 grants CalRecycle the regulatory authority to achieve the organic waste disposal reduction targets. CalRecycle is currently in the rulemaking process with the goal of releasing final requirements in January 2020. Staff anticipates implementation of SB 1383 will require substantial time and is anticipating significant StopWaste support to help implement the new requirements. If development of a countywide or model food ware ordinance would shift StopWaste priorities and resources planned to assist cities with SB1383 implementation, then Staff recommends that the food ware ordinance development be postponed. A summary of the food ware ordinance options is provided in Table 1. Table 1: Potential StopWaste Food Ware Ordinance Options Ordinance Options Advantages Disadvantages Model Ordinance • Allows City most flexibility to develop an ordinance based on local needs and policy objectives. • City Staff would be responsible for outreach and enforcement. • Enforcement may be combined with stormwater business inspections. • May be more difficult for corporate and franchised businesses to comply if food ware ordinances are not uniform across the county. • Inconsistent laws across the county may lead to confusion among the public. • Development may have some impact StopWaste’s level of SB 1383 assistance. Page 3 of 4 Countywide Ordinance • StopWaste would provide outreach, implementation, and enforcement. • Allows for consistency countywide. • StopWaste could develop industry partnerships which may lead to efficiencies in outreach and implementation. • Does not allow City control or flexibility to develop ordinance based on local needs. • Requires additional funding from member agencies. • Development and implementation may have a bigger impact on StopWaste’s ability to assist with SB 1383 implementation. No Ordinance • Staff and StopWaste can focus on SB 1383 implementation. • Single-use food ware continues to be allowed • Shift towards reuse is delayed • Waste and litter reduction are delayed Community Considerations for a Possible Reusable Food Ware Ordinance StopWaste has asked for feedback from its Board of Directors on the four questions listed below at the Board meeting on January 22, 2020. Staff provides information for consideration in response to the questions posed by StopWaste immediately following each question. 1. Is this an important issue for your community? Litter and waste reduction are issues of concern for our community and legislation that supports minimizing single-use disposables is one of the City Council’s adopted Environmental Sustainability legislative priorities for 2020. 2. If important, do you think it should be a countywide ordinance implemented by StopWaste, or a model ordinance that can be customized and implemented directly by cities? As indicated in Table 1, there are pros and cons to both a countywide and a model ordinance. The main benefit of a countywide ordinance is that implementation and enforcement would be uniform across the county and conducted by StopWaste. If a model ordinance were developed, the City Council could choose to adopt the ordinance, or not, along with selecting which elements to incorporate into the ordinance. The main concern Staff has with development of either ordinance is the potential impact to StopWaste assistance to member agencies with SB 1383 implementation. 3. If countywide, would your jurisdiction be willing to contribute resources to StopWaste in order to implement? Measure D funds could be available to contribute to StopWaste in order to implement a food ware ordinance. Measure D is an initiative approved by Alameda County voters in 1989 and among other requirements, established a surcharge on materials disposed of in Alameda County landfills. The collected funds are dispersed back to municipalities in the County; the funds may only be used for waste reduction efforts. Currently, Page 4 of 4 Measure D funds are primarily used to purchase kitchen pails for composting, recycling supplies, and reusable item giveaways (e.g. water bottles, straws, utensils, etc.), and to pay for waste reduction events such as Fix-It clinics. Measure D funds can also be used to pay for Bay Friendly Rated Landscape design, construction, and maintenance, as well as three-stream waste containers at City facilities. Staff anticipates that Measure D funds will be needed to implement SB 1383. Some of the programs currently funded or anticipated to be funded by Measure D funds may need to be reduced, depending on the level of support required by StopWaste to develop and implement the food ware ordinance. 4. If a model ordinance works better, is your jurisdiction able to take on its implementation/enforcement along with the requirements of SB 1383? Depending on the level of effort, StopWaste provides for SB 1383 assistance, Staff may be able to implement and enforce both a model ordinance and SB 1383. If the City Council were to adopt a version of a model ordinance, Staff anticipates implementation and enforcement would occur as part of the regular stormwater business inspections conducted as part of the requirements of the Municipal Regional Stormwater NPDES Permit. These mandated inspections are conducted at all businesses, including food vendors, at least once every five years. However, to make an informed decision, Staff would need more information from StopWaste regarding their level of support for both efforts. Conclusion This report provides an overview of the options for potential food ware ordinances offered by StopWaste. StopWaste has demonstrated leadership and expertise in developing successful ordinances such as the Mandatory Recycling Ordinance and the Reusable Bag Ordinance, in which both of which the City of Dublin participates. Development of a countywide or model single-use food ware ordinance would further efforts by StopWaste to be a waste reduction leader. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. StopWaste November 14, 2019 Memorandum and Related Documents DATE: November 14, 2019 TO: Programs & Administration Committee Planning Committee/Recycling Board FROM: Justin Lehrer, Senior Management Analyst SUBJECT: Food Service Ware Ordinance: Options and Impacts SUMMARY The purpose of this item is to discuss with the Board and gather input on potential policy approaches to help reduce consumption of single-use food service ware (e.g. plates, bowls, utensils, and cups) in Alameda County eating and drinking establishments, and promote a shift away from disposables and towards a culture of reuse. DISCUSSION During the priority setting discussions, the Board expressed a strong interest in addressing plastic pollution. Single-use food service ware items, often made from non-recyclable plastic, compostable plastic, or fiber, are prevalent in daily life and result in significant impacts to human health and the environment. At the May 9, 2019 committee meetings, staff provided an overview of environmental issues associated with different types of food service ware. Based on direction received at these meetings, staff has been researching food service ware policies regionally and nationally, and developed concepts for an Alameda County ordinance to address food service ware waste that could be implemented countywide, or provided as a model ordinance to member agencies interested in moving forward on their own. Ordinance Overview The primary objective of a food service ware ordinance is to reduce consumption of these disposable materials, leading to a reduction in litter, plastic pollution, and compost contamination. Single-use food service ware has a short useful life (often only used for minutes), and must be managed and successfully routed to a recycling facility, industrial compost facility, or a landfill at considerable expense. A critical aspect of any strategy to reduce food service ware is to foster widespread adoption of durable reusable cups, containers, cutlery, and accessories. Switching from single-use plastics to compostable fiber is not a solution because it does not reduce consumption – the compostable materials must still be managed and sent to compost facilities that accept the material but would prefer not to. Even worse, the compostable materials would be screened as contaminants and landfilled. Single-use items also result in more GHG emissions than reusables, due to the energy and material inputs that go into manufacturing each new item. Reusables are the 8.1.a Packet Pg. 318 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) best option for reducing food packaging waste at the source and shifting away from the disposable culture that has become a societal norm. This shift requires a long-term effort. Clear policy, combined with investment in infrastructure, outreach, and technical assistance can be an effective vehicle to help move in this direction. We propose that a basic ordinance includes the following elements: 1. Reusable food service ware required for all dine-in establishments 2. Single-use food ware (plates, cups, bowls) and accessories (straws, utensils, condiment cups) must be BPI certified 1 compostable fiber (non-plastic) 3. Single-use accessories (straws, utensils, condiment cups) available only on demand/self- service A more comprehensive ordinance could include the above elements as well as the following: 4. $0.25 charge on single-use cups 5. $0.25-0.50 charge per meal for to-go food service ware if requested Implementation The ordinance can be developed as a model, ready for customization and adoption directly by member agencies, or implemented countywide. Rolling out the ordinance in distinct phases that add more complex elements over time would allow time for affected parties to prepare for the changes and address operational considerations. Additionally, a phased approach can gradually expand the affected audience – starting with municipal operations and expanding over time to include special events, food vendors, and third party delivery services. If implemented countywide, the ordinance could affect up to 6,000 establishments, including restaurants, food trucks, catering businesses, prepared food vendors, and food provided via third party delivery. A countywide ordinance offers the potential for greatest impact on reducing waste and pollution caused by single-use food service ware. For a countywide ordinance to be effective, it is critical to have commitment and support from all member agencies. Consistent requirements across the county will greatly simplify implementation and enforcement, as well as reduce confusion for businesses and consumers affected by the ordinance. Implementing a countywide ordinance that has inconsistent rules across the jurisdictions adds unnecessary complexity and cost for StopWaste, and will likely lead to confusion and frustration among the public, who will be expected to comply with different rules depending on which city they are dining in. A model ordinance offers the greatest flexibility to member agencies. If some jurisdictions seek a more comprehensive ordinance while others prefer a basic approach or prefer not to use a regulatory approach to address single-use food service ware waste, they can design a policy that meets their needs. StopWaste may coordinate technical assistance and provide countywide outreach, promotional tools and campaigns but not implementation or enforcement. If Member agencies are interested in different approaches, a model ordinance is the best option. 1Compostable certification by the Biodegradable Products Institute (BPI), requires all items are PFAS-free. 8.1.a Packet Pg. 319 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) Challenges There are a number of challenges and considerations that inform the design of an effective food service ware ordinance. Avoiding disposable alternatives. In order to be truly effective, the ordinance must reduce consumption of single-use food ware rather than shifting consumption to an alternative that is still disposable. There are many materials and formats used for food service ware that claim to be recyclable or compostable yet pose significant challenges for collection and processing. Many of these items still end up as litter, or are not successfully processed as recycling or compost, and end up in the landfill. Building up reusables infrastructure. Reusables have the potential to significantly reduce consumption of single-use food ware, but local infrastructure for reusables is not well developed in Alameda County. Significant investment is needed to support the growth of services and solutions that facilitate the use of reusables for takeout dining, such as dishwashing services, cup and container rental services, reusable dining ware designed for takeout, etc. Inconsistency across the county. As mentioned above, a countywide ordinance can only be efficient and effective if applied uniformly across the county. Supporting and enforcing an ordinance that affects a portion of cities in Alameda County is a major expense and logistical challenge and StopWaste would need to reassign resources for such an effort. When the Mandatory Recycling Ordinance (MRO) was implemented, a number of Member agencies opted for a phased approach to participation, resulting in varied implementation schedules and rules across the county. City-specific outreach and training materials and technical assistance were required, and the implementation process had to be repeated multiple times as new rules were phased in across jurisdictions. Business owners with affected eating establishments across multiple jurisdictions would bear the additional burden of keeping track of and complying with city-specific rules. With uniform adoption of a countywide ordinance, not only is compliance simplified for businesses, but consumers only need to learn one set of rules regardless of the Alameda County city they are dining in. Ultimately, an inconsistently implemented countywide ordinance will cost more, create more confusion and inefficiency, and is not recommended. Concurrent implementation with SB 1383. New regulations coming from SB 1383 will go into effect January 2022 and considerable effort is needed from both StopWaste and member agency staff to prepare for compliance countywide. Staff anticipates that SB 1383 will require additional enforcement resources and potential passage of additional local ordinances in order to develop clear guidance and an enforceable mechanism for recovery of edible food from food establishments. These additional State-mandated requirements will add regulatory burden to some of the same businesses that would be covered by a food service ware ordinance. The Technical Advisory Committee members voiced a strong desire for StopWaste’s assistance in complying with SB 1383 requirements. Burden on businesses and consumers. Outreach and education to food vendors is needed to address health code-related concerns about reusables, and to ensure equity and accessibility to less-abled customers, lower-income individuals, and transient populations just ‘passing through’ 8.1.a Packet Pg. 320 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) and not likely to have reusable food service ware readily available. As mentioned earlier, if ordinance terms are inconsistent across the jurisdictions, it will cause confusion and frustration among the public, and unfair burden on some businesses. Agency Role StopWaste has developed and implemented several countywide ordinances and can apply this experience to plan and develop an effective food service ware ordinance. Some roles the Agency can play in this process include: Convening regional partners and stakeholder outreach. StopWaste has been involved with two food service ware stakeholder groups – one for Alameda County member agency staff and the other a regional working group comprised of Bay Area municipal staff, elected officials, and nonprofits working to reduce disposable food service ware. This regional working group provides Agency staff insight on innovative reusable food ware infrastructure, newly passed or proposed ordinances and best practices, as well as feedback and input on potential ordinance approaches. Coordinating efforts regionally is an important step to create infrastructure and align policies throughout the Bay. Outreach to additional stakeholders, including affected food vendors, third party delivery services, water and energy agencies, and reusable packaging innovators will be part of the ordinance development timeline. Environmental review. Overseeing environmental impact study to assess impacts under the California Environmental Quality Act (CEQA) can be centralized with StopWaste, saving member agencies from this time consuming and costly effort, and providing some protection against legal challenges from packaging and materials industry opposition. Funding for innovation and reusables infrastructure. StopWaste may consider directing grant funds to support projects that develop infrastructure to support the adoption of reusables and identify other opportunities to provide funding and support for innovation in this area. Outreach and marketing (for countywide ordinance). StopWaste can develop outreach and promotional content that ensures clear and consistent messaging countywide, as we have done in the past for the Mandatory Recycling Ordinance, Reusable Bag Ordinance, and more recently the Stop Food Waste campaign. Technical assistance (for countywide ordinance). StopWaste manages contracted technical assistance (TA) to support MRO implementation and works with Clean Water Fund’s Rethink Disposable campaign to help food establishments make the switch to reusable food service ware. Some member agencies have their own contracts with Clean Water Fund and others may contribute funds toward a master contract to augment efforts in their jurisdictions; this approach could be utilized to implement TA for a countywide food service ware ordinance. Enforcement (for countywide ordinance). Based on the Agency’s experience implementing both a routine inspection program for MRO enforcement and a complaint-based approach for the Reusable Bag Ordinance, staff recommends a complaint-based approach to enforcement for a countywide food ware ordinance. The focus is on compliance and helping affected parties comply 8.1.a Packet Pg. 321 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) with the law rather than issue citations that place a burden on small businesses. Even complaint- based enforcement entails significant costs; some member agency staff have already signaled willingness to contribute funds from Measure D or other sources in support of a centralized enforcement effort conducted by StopWaste. In the case of a model ordinance, member agencies that opt to implement the ordinance in their jurisdiction would be responsible for enforcement, which potentially could be addressed through existing environmental services staff. Resource Analysis The Agency’s guiding principles, adopted in December 2018 to inform Agency strategy and budget development, direct staff to conduct a comprehensive resource analysis prior to adopting new mandatory measures so we understand the full impacts on budget and staff assignments. Developing, adopting, and implementing an ordinance of this nature is a major undertaking, as we know from experience with MRO and the Reusable Bag Ordinance. We estimate development, adoption, and rollout of the ordinance will require approximately 1.5 FTE and up to $1,000,000 in hard costs, depending on whether the Agency develops a model ordinance or adopts a countywide ordinance and assumes responsibility for technical assistance and enforcement. Member agencies may also contribute funds in support of ordinance implementation. The above estimates cover impacts anticipated in FY 19-20 and 20-21. Ongoing costs thereafter are estimated to be $300,000- $400,000 per year. Approximately 500 hours of staff time have already shifted from other Agency projects in order to staff the effort this year. Adopting a food service ware ordinance would add another resource intensive, regulatory project to the Agency’s budget. We continue to be responsible for implementing other mandatory projects, most notably the Mandatory Recycling Ordinance (MRO). The timing is also challenging because new regulations from SB 1383 will go into effect in January 2022 and considerable effort is needed from both StopWaste and member agency staff to prepare for compliance countywide. Some member agencies may opt to contribute funds to assist with implementation of SB 1383 instead of a food service ware ordinance. Other Efforts Several jurisdictions in California and elsewhere are considering or adopting food service ware ordinances. To date, we are aware of 27 ordinances in place or in development throughout California, with nine in the SF Bay Area. Attachment 1 includes a map of local ordinances currently adopted in the nine Bay Area counties. There is also the prospect of state legislation addressing food service ware in 2020, although a state law would likely not be as comprehensive as a local effort and would still leave cities responsible for implementation and enforcement. Recology, the waste hauler, along with some environmental groups filed a proposed plastic waste reduction initiative for the November 2020 ballot. The measure would require manufacturers to make all plastic packaging and single-use food ware items, including cups, straws and utensils, recyclable or compostable by 2030 and charge manufacturer’s a fee for production of plastic food ware items. See Attachment 2. 8.1.a Packet Pg. 322 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) Next Steps At the November 14 meeting, staff and Board members will discuss options for moving forward. This discussion will include the factors described above, giving consideration to resource impacts on existing Agency work, and impacts on other anticipated needs, such as SB 1383. Board members will be asked to bring the discussion back to their cities and assess if there is interest in a uniform countywide ordinance or a customizable model ordinance. This item will be brought to the WMA Board in January for further discussion and direction. RECOMMENDATION This item is for discussion and information only. Attachment 1: Map of Bay Area ordinances Attachment 2: California’s plastic pollution fight may be headed to voters - SFChronicle.com 8.1.a Packet Pg. 323 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) ATTACHMENT 1 8.1.a Packet Pg. 324 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) 11/7/2019 https://www.sfchronicle.com/politics/article/California-s-plastic-pollution-fight-may-be-14809106.php 1/5 POLITICSPOLITICS California’s plastic pollution fight may be headed toCalifornia’s plastic pollution fight may be headed to votersvoters Dustin GardinerDustin Gardiner Nov. , Nov. , Updated: Nov. , : p.m.Updated: Nov. , : p.m. SACRAMENTO — California environmentalists battling to stop plastic from polluting theSACRAMENTO — California environmentalists battling to stop plastic from polluting the ocean and piling up in landfills say they can’t wait for state lawmakers to act — they’reocean and piling up in landfills say they can’t wait for state lawmakers to act — they’re hoping to take the fight to the ballot box.hoping to take the fight to the ballot box. Plastics are separated from other recyclables on a conveyor belt in this le photo. An initiative proposed forPlastics are separated from other recyclables on a conveyor belt in this le photo. An initiative proposed for California’s November ballot would dramatically reduce the amount of disposable plastic that could be used inCalifornia’s November ballot would dramatically reduce the amount of disposable plastic that could be used in the state.the state. Photo: Michael Maloney / The Chronicle Photo: Michael Maloney / The Chronicle LocalLocal Sporting GreenSporting Green PoliticsPolitics Biz+TechBiz+Tech FoodFood Culture DeskCulture Desk DatebookDatebook US & WorldUS & World OpinionOpinion VauVau Sign InSign InCalifornia’s plastic pollution fight may be headed to voters - SFChronicle.com ATTACHMENT 2 8.1.a Packet Pg. 325 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) 11/7/2019 California’s plastic pollution fight may be headed to voters - SFChronicle.com https://www.sfchronicle.com/politics/article/California-s-plastic-pollution-fight-may-be-14809106.php 2/5 Recology, the Bay Area waste hauler, and environmental groups filed a proposedRecology, the Bay Area waste hauler, and environmental groups filed a proposed initiative Monday that would require plastic manufacturers to dramatically reduce theinitiative Monday that would require plastic manufacturers to dramatically reduce the amount of products that people use once and toss in the trash.amount of products that people use once and toss in the trash. The initiative, aimed at the November 2020 ballot, is a more far-reaching version of twoThe initiative, aimed at the November 2020 ballot, is a more far-reaching version of two waste-reduction bills that waste-reduction bills that died at the state Capitol this year,died at the state Capitol this year, both were opposed by the both were opposed by the plastics and petroleum industries.plastics and petroleum industries. Unlimited Digital Access for 95¢Unlimited Digital Access for 95¢ Read more articles like this by subscribing to the San Francisco ChronicleRead more articles like this by subscribing to the San Francisco Chronicle S U B S C R I B ESUBSCRIBE Eric Potashner, vice president of Recology, said the consequences of inaction areEric Potashner, vice president of Recology, said the consequences of inaction are mounting as plastic strangles marine habitats and overwhelms recycling facilities. Hemounting as plastic strangles marine habitats and overwhelms recycling facilities. He also signaled that qualifying the initiative for the ballot is intended in part to get statealso signaled that qualifying the initiative for the ballot is intended in part to get state lawmakers to do something in 2020 that they could not this year — pass a major billlawmakers to do something in 2020 that they could not this year — pass a major bill designed to cut plastic pollution.designed to cut plastic pollution. “We’re running out of time,” Potashner said. “We need a backup plan if the Legislature is“We’re running out of time,” Potashner said. “We need a backup plan if the Legislature is not able to do something significant on plastic-packaging pollution.”not able to do something significant on plastic-packaging pollution.” Supporters must collect 623,212 signatures of registered California voters by the end ofSupporters must collect 623,212 signatures of registered California voters by the end of April to qualify the proposed initiative for the November ballot.April to qualify the proposed initiative for the November ballot. Related StoriesRelated Stories B Y D U S T I N G A R D I N E RBY D U S T I N G A R D I N E R How industry ‘environmental’How industry ‘environmental’ group helped foil...group helped foil... P O L I T I C SPOLITICS B Y E L E N A S H A OBY E L E N A S H A O San Francisco is surviving theSan Francisco is surviving the global recycling crisis. But...global recycling crisis. But... B I Z & T E C HBIZ & T E C H LocalLocal Sporting GreenSporting Green PoliticsPolitics Biz+TechBiz+Tech FoodFood Culture DeskCulture Desk DatebookDatebook US & WorldUS & World OpinionOpinion VauVau Sign InSign In 8.1.a Packet Pg. 326 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) 11/7/2019 California’s plastic pollution fight may be headed to voters - SFChronicle.com https://www.sfchronicle.com/politics/article/California-s-plastic-pollution-fight-may-be-14809106.php 3/5 Tim Shestek, a lobbyist for the American Chemistry Council, which represents theTim Shestek, a lobbyist for the American Chemistry Council, which represents the plastics industry, said the “timing of this new proposal strikes us as odd,” given thatplastics industry, said the “timing of this new proposal strikes us as odd,” given that lawmakers are working on a major packaging recycling bill that could pass in January.lawmakers are working on a major packaging recycling bill that could pass in January. “This new initiative proposal will only serve as a distraction, and resources that could be“This new initiative proposal will only serve as a distraction, and resources that could be going toward recycling could now be unnecessarily wasted,” Shestek said in an email.going toward recycling could now be unnecessarily wasted,” Shestek said in an email. The measure would require manufacturers to make all plastic packaging and single-useThe measure would require manufacturers to make all plastic packaging and single-use foodware items, including cups, straws and utensils, recyclable or compostable by 2030.foodware items, including cups, straws and utensils, recyclable or compostable by 2030. It would also:It would also: • Create a fee of up to 1 cent for manufacturers on every plastic item or product with• Create a fee of up to 1 cent for manufacturers on every plastic item or product with plastic packaging. The money would be used to build recycling and composting facilities,plastic packaging. The money would be used to build recycling and composting facilities, and to pay for restoration projects such as beach cleanups.and to pay for restoration projects such as beach cleanups. • Prohibit food vendors, including restaurants and grocery stores, from using Styrofoam• Prohibit food vendors, including restaurants and grocery stores, from using Styrofoam and other plastic-foam takeout containers.and other plastic-foam takeout containers. • Require manufacturers to reduce to the “maximum extent possible” the plastic• Require manufacturers to reduce to the “maximum extent possible” the plastic packaging and single-use products they create. That could require them to offer morepackaging and single-use products they create. That could require them to offer more reusable containers.reusable containers. Caryl Hart, a member of the California Coastal Commission who lives in Sebastopol, co-Caryl Hart, a member of the California Coastal Commission who lives in Sebastopol, co- authored the initiative. She said the popularity of plastic, made from fossil fuels, hasauthored the initiative. She said the popularity of plastic, made from fossil fuels, has exacerbated climate change.exacerbated climate change. “We’re seeing activity in the Legislature, but there’s not success,” Hart said. “If California“We’re seeing activity in the Legislature, but there’s not success,” Hart said. “If California is not going to lead, who is going to?”is not going to lead, who is going to?” Potashner said the penny-or-less fee would build infrastructure like recycling plants andPotashner said the penny-or-less fee would build infrastructure like recycling plants and composting facilities so more California communities can dispose of waste locallycomposting facilities so more California communities can dispose of waste locally instead of shipping it overseas.instead of shipping it overseas. “This initiative aims to hold the plastics industry accountable for the products they“This initiative aims to hold the plastics industry accountable for the products they create,” Recology CEO Mike Sangiacomo said in a statement.create,” Recology CEO Mike Sangiacomo said in a statement. LocalLocal Sporting GreenSporting Green PoliticsPolitics Biz+TechBiz+Tech FoodFood Culture DeskCulture Desk DatebookDatebook US & WorldUS & World OpinionOpinion VauVau Sign InSign In 8.1.a Packet Pg. 327 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) 11/7/2019 California’s plastic pollution fight may be headed to voters - SFChronicle.com https://www.sfchronicle.com/politics/article/California-s-plastic-pollution-fight-may-be-14809106.php 4/5 Recology, like many waste haulers, sends thousands of tons of plastic waste to landfillsRecology, like many waste haulers, sends thousands of tons of plastic waste to landfills every year. The recycling industry has been upended recently, as overseas markets,every year. The recycling industry has been upended recently, as overseas markets, including including ChinaChina and the Philippines, have begun rejecting U.S. plastics. and the Philippines, have begun rejecting U.S. plastics. Recology has pledged to spend $1 million to qualify the initiative for the ballot, but theRecology has pledged to spend $1 million to qualify the initiative for the ballot, but the effort could cost at least several million dollars more. Potashner said other groups plan toeffort could cost at least several million dollars more. Potashner said other groups plan to contribute to the fight, but none has made a public commitment.contribute to the fight, but none has made a public commitment. Environmentalists anticipate opposition from the deep -pocketed plastics industry,Environmentalists anticipate opposition from the deep -pocketed plastics industry, which spent heavily to defeat bills in the Legislature this year. One company, Novolex,which spent heavily to defeat bills in the Legislature this year. One company, Novolex, spent more than $959,000.spent more than $959,000. Dustin Gardiner is a San Francisco Chronicle staff writer. Email:Dustin Gardiner is a San Francisco Chronicle staff writer. Email: dustin.gardiner@sfchronicle.comdustin.gardiner@sfchronicle.com Twitter: Twitter: @dustingardiner@dustingardiner A B O U TABOUT N E W S R O O MNEWSROOM C O N TA C TCONTACT S E R V I C E SSERVICES Our CompanyOur Company Privacy NoticePrivacy Notice Your California Privacy RightsYour California Privacy Rights Interest Based AdsInterest Based Ads Terms of UseTerms of Use CareersCareers AdvertisingAdvertising Ethics PolicyEthics Policy Correction PolicyCorrection Policy Visual Ethics GuidelinesVisual Ethics Guidelines Anonymous Sources PolicyAnonymous Sources Policy Endorsement ProcessEndorsement Process News TipsNews Tips Customer ServiceCustomer Service FAQFAQ Newsroom ContactsNewsroom Contacts Homepage Redesign FeedbackHomepage Redesign Feedback ProleProle Subscriber ServicesSubscriber Services e-editione-edition AppApp ArchivesArchives MembershipMembership TOPTOP LocalLocal Sporting GreenSporting Green PoliticsPolitics Biz+TechBiz+Tech FoodFood Culture DeskCulture Desk DatebookDatebook US & WorldUS & World OpinionOpinion VauVau Sign InSign In 8.1.a Packet Pg. 328 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) 11/7/2019 California’s plastic pollution fight may be headed to voters - SFChronicle.com https://www.sfchronicle.com/politics/article/California-s-plastic-pollution-fight-may-be-14809106.php 5/5 © Hearst© Hearst StoreStore Subscription OersSubscription Oers sfgate.comsfgate.com LocalLocal Sporting GreenSporting Green PoliticsPolitics Biz+TechBiz+Tech FoodFood Culture DeskCulture Desk DatebookDatebook US & WorldUS & World OpinionOpinion VauVau Sign InSign In 8.1.a Packet Pg. 329 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) Model Ordinance + Greatest flexibility to member agencies + StopWaste provides ordinance language, menu of elements, and messaging templates + Best option if one size doesn’t fit all - Could result in inconsistent implementation and confusion across jurisdictions Plastic single-use food ware items like plates, bowls, and utensils are prevalent in daily life. And while straws often get the most attention, these food ware items are also problematic, as they frequently serve a useful life of just minutes while their impact on human health and the environment is significant and long lasting. StopWaste is currently considering options, including a possible ordinance, to reduce consumption of such items. If adopted countywide, the ordinance would apply to all Alameda County eating and drinking establishments, including food trucks and fast food establishments, as well as third-party delivery services such as DoorDash and Uber Eats. To date, 16 ordinances are in place or in development throughout California, with nine in the Bay Area alone. A critical aspect of any strategy is to foster widespread adoption of durable reusable cups, containers, and cutlery. Switching from single-use plastics to compostable fiber is not a solution because it does not reduce consumption – many of these items still end up as litter, or are not successfully processed as recycling or compost, and end up in the landfill. Potential Implementation Approaches One option is to develop a model ordinance, ready for customization and implementation directly by member agencies. The second would be a countywide ordinance, which could be rolled out in distinct phases that add more complex elements over time. This would allow aected parties to prepare for the changes and address operational considerations. Topic Brief November 2019 Reusable Food Ware Ordinance StopWaste • 1537 Webster St, Oakland, CA 94612 • 510-891-6500 • www.StopWaste.org Reusable food ware required for all dine-in establishments Single-use food ware must be BPI-certified compostable fiber (non-plastic) Single-use accessories available only on demand/self-service 25¢ charge on single-use cups 25¢ - 50¢ charge per meal for to-go food ware if requested Countywide Ordinance + Greatest waste reduction impact + StopWaste coordinates TA, outreach, and promotion + Requires consistency across county - Would require StopWaste to shift resources away from other priorities Possible Ordinance Elements OR Single-use food ware at a dine-in establishment A durable, reusable food ware alternative 8.1.a Packet Pg. 330 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) Community Considerations for a Possible Reusable Food Ware Ordinance: 1. Is this an important issue for your community? 2. If important, do you think that it should be a countywide ordinance implemented by StopWaste, or a model ordinance that can be customized and implemented directly by cities? 3. If countywide, would your jurisdiction be willing to contribute resources to StopWaste in order to implement? 4. If a model ordinance works better, is your jurisdiction able to take on its implementation/enforcement along with the requirements of SB 1383? 8.1.a Packet Pg. 331 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s ( P o t e n t i a l S t o p W a s t e F o o d W a r e O r d i n a n c e ) November 14, 2019 Reusable Food Ware Ordinance: Options and Impacts 8.1.a Packet Pg. 332 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Shift towards reusables, making the greatest impact we can Eliminate PFAS compounds Waste Reduction Develop Reuse Infrastructure Toxics Reduction Policy Objectives Avoid landfill and contamination of compost and recycling streams Address litter/pollution 8.1.a Packet Pg. 333 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Single-Use / Disposable Product Types •Unlined/uncoated paper/fiber products •Non-compostable poly-coated paper •PLA-coated paper •Compostable plastics •Wood products Policy Focus: Reusable Alternatives 8.1.a Packet Pg. 334 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Basic Ordinance Elements Reusable food service ware required for all dine-in establishments Single-use food ware must be BPI- certified compostable fiber (non-plastic) Single-use accessories available only on demand/self-service Key Terms What’s Included Food Service Ware Plates, cups, bowls Accessories Straws,utensils, condiment cups 8.1.a Packet Pg. 335 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Comprehensive Ordinance Elements $0.25 charge on single-use cups $0.25-0.50 charge per meal for to-go food service ware if requested •Food service ware: plates, cups, bowls, accessories Basic ordinance elements, plus: $0.25 $0.25 $0.25 8.1.a Packet Pg. 336 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Other Bay Area Food Ware Ordinances 16 ordinances in place or in development in CA 9 Bay Area ordinances adopted 1 proposed state bill 1 proposed ballot measure Map does not include straw-only ordinances 8.1.a Packet Pg. 337 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Implementation Approach Countywide Ordinance •Greatest waste reduction impact •StopWaste coordinates TA and outreach/promotion. •Requires consistency across county •Complaint-based enforcement •Greatest flexibility to member agencies •StopWaste provides ordinance language, menu of elements, and messaging templates •Best option if one size doesn’t fit all For both ordinance options: StopWaste conducts environmental review Model Ordinance 8.1.a Packet Pg. 338 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Challenges •Avoiding disposable alternatives •Reusables Infrastructure Needed •Inconsistency across County •Resources to implement SB 1383 •Burden on businesses and consumers •Health code concerns •Accessibility 8.1.a Packet Pg. 339 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Cost Estimate Fiscal Year Scope Estimated Cost 2019-20 Ordinance Development $430,000 2020-21 Option 1: Countywide Ordinance Adoption, rollout, TA, enforcement ~$768,000 Option 2: Model Ordinance TA and outreach assistance ~$450,000 Total Development Cost:$880,000 -$1.2M 2021-22 Ongoing Annual Cost for Countywide Ordinance (Only) $300K -$400K OR 8.1.a Packet Pg. 340 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Board Members Next Steps Discuss with your Councils Q: Are all three basic ordinance elements something your jurisdiction would adopt? Reusable food service ware required for all dine-in establishments Single-use food ware must be BPI-certified compostable fiber (non-plastic) Single-use accessories available only on demand/self-service Discussion/Decision: January WMA 8.1.a Packet Pg. 341 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s StopWaste Role Model & Countywide Ordinances: •Environmental review •Promotional messaging templates •Infrastructure support and development Countywide Ordinance Only (all of the above, plus): •Outreach and marketing •Manage master contracts for TA •Enforcement/assistance •Stakeholder Outreach 8.1.a Packet Pg. 342 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Enforcement / TA: Implementation & Funding Options Ordinance Option Enforcement & TA Lead Implementation & Funding Option 1: Countywide Ordinance StopWaste •Complaint-based vs. Inspections •Member Agency funding support •SW manages master contracts Option 2: Model Ordinance Member Agencies •Utilize Stormwater or Environmental Services depts. •SW provides general countywide promotional messaging 8.1.a Packet Pg. 343 At t a c h m e n t : 1 . S t o p W a s t e N o v e m b e r 1 4 , 2 0 1 9 M e m o r a n d u m a n d R e l a t e d D o c u m e n t s Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Designation of Voting Delegate and Alternate for the November 2020 National League of Cities Annual Conference and Authorize Out-of-State Travel for City Councilmembers Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider appointing one of its members as a delegate and one as an alternate to attend the National League of Cities (NLC) Congressional City Conference in November of 2020 in Tampa, Florida. The City Council will also consider authorizing out-of-state travel for any member of the City Council wishing to attend the NLC March 2020 Conference in Washington DC. STAFF RECOMMENDATION: Appoint one of its members as a voting delegate and one as an alternate to attend the National League of Cities (NLC) Congressional City Conference and vote on the City's behalf at the City Summit in November of 2020 in Tampa, Florida; and Authorize out of state travel for those City Councilmembers wishing to travel to Washington DC for the NLC March 2020 Conference. FINANCIAL IMPACT: Funds were allocated in Fiscal Year 2019 -20 in accordance with the anticipated out-of- state travel of two members of the City Council to the March conference. Sufficient funds exist for the remainder of the City Council to also attend the March conference, should they wish to attend. DESCRIPTION: The National League of Cities (NLC) is an organization through which city officials work together on a national level to further their common interests and the interests of their citizens. The NLC Congressional City Conference, to be held in Washington, D.C, from March 7 - 8.2 Packet Pg. 344 Page 2 of 2 11, 2020, provides local elected officials and municipal staff a myriad of opportunities to learn about federal issues important to America's cities and towns, to lobby Congress on those priorities, and to be part of a clear and unified voice. The program includes general sessions featuring national leaders, members of the Administration and Congress, workshops, and pre-conference leadership seminars. The NLC City Summit is scheduled to be held November 18 -21, 2020, in Tampa, Florida. During this conference, the annual business meeting is held, at which each member city is afforded the opportunity to shape the NLC's federal advocacy agenda for the upcoming year by casting a vote on preferred policy recommendations. In order for the City of Dublin to participate in this meeting, the City Council will need to appoint a voting delegate, and an alternate, to attend and vote on the City's behalf at the Summit. At its December 3, 2019 City Council meeting, the City Council requested Staff return with an item to discuss allowing all City Councilmembers the opportunity to attend the conferences, and appointing all remaining City Councilmembers as voting alternates, if allowed by the NLC. There are no current rules that preclude all City Councilmembers from attending one or both conferences. However, this will require the City to update its out of state travel for 2020 and in the upcoming budget year. And, a fter review of the NLC By-Laws, Article IV, Section 2 Member Voting, it has been determined that the City is allowed only one voting delegate, and one alternate (Attachment 1) for the November 2020 conference. Upon appointment of the voting delegate and alternate , notification will be forwarded to the NLC. Last year, the City Council selected Councilmember Josey and Councilmember Kumagai to attend the March conference, and appointed Councilmember Hernandez as the voting delegate, and Vice Mayor Goel as its alternate, to attend and vote on the City's behalf at the NLC Annual Conference in November of 2019. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. NLC By-Laws 8.2 Packet Pg. 345 6 ARTICLE IV. MEETINGS, VOTING, AND NATIONAL POLICIES Section 1. MEMBERSHIP MEETINGS. An annual meeting of the membership shall take place during the organization’s fall conference. At the annual meeting, the memberships shall elect directors and officers, receive reports on activities of the association, and adopt national municipal policies for the coming year. The President may also call a special meeting of the membership. The time, place, and program of the annual meeting shall be determined by a motion of the Board of Directors. Notices of meetings for members shall be delivered to the mailing address or electronic address designated by the members not less than thirty (30) nor more than sixty (60) days before such meetings, provided that any notices required by this section may be waived before such meetings. Section 2. MEMBER VOTING. In all meetings requiring the official decision of the National League of Cities, each member league shall be entitled to twenty votes. Each member city shall be entitled to one to twenty votes based upon population as follows: Under 50,000 l vote 50,000- 99,999 2 votes 100,000- 199,999 4 votes 200,000 - 299,999 6 votes 300,000- 399,999 8 votes 400,000 - 499,999 10 votes 500,000-599,999 12 votes 600,000 - 699,999 14 votes 700,000 - 799,999 16 votes 800,000- 899,999 18 votes 900,000 and above 20 votes 8.2.a Packet Pg. 346 At t a c h m e n t : 1 . N L C B y - L a w s ( N L C A p p o i n t m e n t s ) 7 Member cities, but not member leagues, shall be required to cast unanimous votes. It shall be the duty of the President in advance of or at the beginning of any such meeting to appoint a credentials committee of three persons, at least one of whom shall be a representative of a member city. As soon as practicable after the naming of the credentials committee, each member league shall designate one or more voting delegates not to exceed the number of votes to which it is entitled, and may designate alternate voting delegates not to exceed the number of its voting delegates. Each member city shall designate one voting delegate and may designate one alternate voting delegate. It shall be the duty of the credentials committee to settle any dispute concerning the voting rights of members and their voting delegates and alternate voting delegates, the number of votes each is entitled to cast, and the total number of votes of all the members of NLC. All voting shall be by voice vote unless a weighted vote is demanded by ten percent or more of the certified votes present at the meeting. When the weighted vote is taken , voting shall be limited to the duly certified voting delegates, or their alternates, each casting the total number of votes to which the voter is entitled by the certified voting roll. A majority vote of the certified votes present at the meeting shall be required for the election of any officer or member of the Board of Directors, or for passage of any matter of business brought before the business meeting. There shall be no voting by proxy. Section 3. MEMBER QUORUM. A quorum at the annual business meeting or special meeting shall consist of majority of the votes certified to the meeting. Section 4. MEMBER RESOLUTIONS ON POLICIES. Resolutions on national legislation affecting cities shall be submitted to the voting delegates in writing by the Board of Directors , by a resolution committee appointed therefore, or by special petition, provided that such petition is presented to the annual convention by ten (10) voting delegates with the consent of a majority vote. A two-thirds vote shall be necessary to adopt all resolutions. 8.2.a Packet Pg. 347 At t a c h m e n t : 1 . N L C B y - L a w s ( N L C A p p o i n t m e n t s ) 8 Section 5. BALLOTS BY MAIL OR ELECTRONICALLY. Except as otherwise expressly provided by these bylaws, a matter of business may be submitted to a vote of the membership through the mail or electronically. If submitted through the mail, a response from a member league shall bear the signature of the President and the countersignature of the Chief Executive Officer of such member leagues, and the response from a member city shall bear the signature of the Mayor. If submitted electronically, the response must come from the electronic address designated by the member. Weighted voting shall be in effect in all balloting through the mail or electronically. Section 6. BOARD MEETINGS. Notices of meetings of the Board of Directors shall be delivered through the mail to the mailing address or electronically to the email address designated by the members of the Board of Directors not less than five (5) nor more than forty (40) days before such meetings, unless otherwise required by law, provided that any notices required by this section may be waived before such meetings. A majority of the directors present at a meeting shall constitute a quorum, provided that a quorum consists of no less t han one-third of the directors then in office. An act of the majority of the directors present at a meeting at which a quorum is present shall be considered an act of the Board of Directors, unless otherwise required by the articles of incorporation or these bylaws. ARTICLE V. FINANCIAL MATTERS Section 1. DUES AND CHARGES. The annual membership dues of the National League of Cities, and the schedule of fees or systems of charges for all other services of NLC, shall be established by a resolution of the Board of Directors. Within such resolution, general limits may be set by NLC in annual meetings. Annual membership dues and annual service charges shall be due the first day of the membership year for which they are assessed. Section 2. FISCAL YEAR. The fiscal year of the National League of Cities shall be from October 1 to September 30, inclusive of those dates. 8.2.a Packet Pg. 348 At t a c h m e n t : 1 . N L C B y - L a w s ( N L C A p p o i n t m e n t s ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: January 14, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: City Council St. Patrick’s Day Parade Participation Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider options for participating in the annual Dublin Lions Club St. Patrick’s Day Parade to be held on Saturday, March 14, 2020. STAFF RECOMMENDATION: Receive the report and provide direction on how the City Council wishes to participate in the Dublin Lions Club St. Patrick’s Day Parade. FINANCIAL IMPACT: None. DESCRIPTION: Each year the City Council participates in the Annual St. Patrick’s Day Parade. The form of participation has varied each year as described in the table below: Year Means of Participation Description 2004-2006 Antique Fire Truck Decorations and signage were included on the vehicle. 2007 Float Birthday cake celebrating the City’s 25th anniversary. 2008 Fire Truck Decorations and signage were included on the vehicle. 2009 Float Balloon rainbow with pots of gold for decorations. 2010-2011 Fire Truck Decorations and signage were included on the vehicle. 2012 Cable Cars Decorations and signage were included on the vehicle. 2013 Walked Staff carried signage and drove a decorated electric vehicle full of giveaways, which the City Council handed out to the crowds along the parade route. 2014 Float Balloon rainbow with pots of gold for decorations. 2015 Fire Truck Decorations and signage were included on the vehicle. 2016 Fire Truck Decorations and signage were included on the vehicle. 2017 Walked Decorations and signage were included on the City’s Ford Model A Truck, and it carried giveaways that the City 8.3 Packet Pg. 349 Page 2 of 3 Council handed out to crowds along the parade route. 2018 Walked Decorations and signage were included on the City’s Ford Model A Truck, and it carried giveaways that the City Council handed out to crowds along the parade route. 2019 Cable Car Decorations and signage were included on the vehicle. Due to liability issues with the Lions Club’s insurance company, the tossing of giveaway items into the crowd is not permitted. Staff is proposing three options for the City Council’s considerations for participation in the 2019 St. Patrick’s Day parade: Option 1-Fire Truck This option involves the City Council riding on a fire truck along the parade route. The fire truck would include appropriate decoration and signage presenting the City Council. This option limits the City Council’s ability to interact with parade watchers as they will not be able to toss giveaways from the fire truck nor get off the truck while on the parade route. However, given the opening of the new Public Safety Complex, it would be thematic for the City Council to participate via a fire truck. Option 2-Walking with the Historic Ford Model A Truck This option includes the City Council walking in the parade with the Historic Ford Model A truck. The truck would include appropriate decoration and signage p resenting the City Council. The truck would be driven by a trained volunteer and would carry giveaways for the City Council to hand to parade onlookers. This option would provide the greatest interaction with the public however it will extend the amount of time it takes for the City Council to complete the parade route. Additionally, if it is raining on the day of the parade, the truck cannot be used. Option 3-Cable Car This option involves the City Council riding on a rented “cable car” along the parade route. The cable car would include appropriate decoration and signage presenting the City Council. This option limits the City Council’s ability to interact with parade watchers as they will not be able to toss giveaways from the vehicle nor get off the tru ck while on the parade route. Additionally, space may be more constrained, limiting each City Councilmember’s ability to connect with the parade onlookers. Staff is seeking input from the City Council on how it would like to participate in the 2020 St. Patrick’s Day Parade. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. 8.3 Packet Pg. 350 Page 3 of 3 ATTACHMENTS: None. 8.3 Packet Pg. 351