HomeMy WebLinkAbout5.02 Amendments to Agreements for Consulting Services and Contractor Servicesr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 5.2
SU B.ECT: Amendments to Agreements for Consulting Services and Contractor Services
with Cascadia Consulting, Guida (formerly Guida Surveying, Inc.), Kimley-
Horn & Associates Inc., Kittelson & Associates, Inc., Lynx Technologies,
Pakpour Consulting Group, Inc., and Tri-Valley Janitorial Service & Supply,
Inc.
Prepared by: Julius Pickney, ManagementAnalystll
EXECUTIVE SUMMARY:
The City Council will consider the approving amendments to Consulting Services Agreements and
Contractor Services Agreements with Cascadia Consulting, Guida (formerly Guida Surveying, Inc.),
Kimley-Horn & Associates Inc., Kittelson & Associates, Inc., Lynx Technologies, Pakpour Consulting
Group, Inc., and Tri-Valley Janitorial Services & Supply, Inc. The proposed amendments extend the
durations and increase the not -to -exceed compensation amounts of the agreements.
STAFF RECOMMENDATION:
Take the following actions: 1) Adopt the Resolution Approving Amendment #2 to the Contractor
Services Agreement with Cascadia Consulting Group, Inc. for Senate Bill 1383 Implementation
Assistance; 2) Adopt the Resolution Approving Amendment #1 to the Consulting Services
Agreement with Guida (Formerly Guida Surveying, Inc.) for Surveying Services; 3) Adopt the
Resolution Approving Amendment #1 to the Consulting Services Agreement with Kimley-Horn &
Associates Inc. for Development Review, Intelligent Transportation Systems, and Transportation
Planning and Engineering; 4) Adopt the Resolution Approving Amendment #1 to the Consulting
Services Agreement with Kittelson & Associates, Inc. for Transportation Planning and Engineering
Services; 5) Adopt the Resolution Approving Amendment #2 to the Consulting Services Agreement
with Lynx Technologies , Inc. for GIS Consulting Services; 6) Adopt the Resolution Approving
Amendment #2 to the Consulting Services Agreement with Pakpour Consulting Group, Inc. for
Development Review and Construction Management and Inspection Services; and 7) Adopt the
Resolution Approving Amendment #1 to the Contractor Services Agreement with Tri-Valley
Janitorial Services & Supply, Inc. for Janitorial Services and Supplies.
Page 1 of 4
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FINANCIAL IMPACT:
The cost of these services will be charged to the Public Works Department in accordance with the
adopted annual operating budget, Capital Improvement Program project budgets, and developer
deposit accounts.
DESCRIPTION:
The Public Works Department utilizes consultants and contractors on Capital Improvement
Program (CIP) Projects, private development projects, and City operations and maintenance
programs. Services provided assist Staff in specific areas of technical, operational, and
maintenance services. Consultants and contractors are solicited through open and competitive
request for proposals (RFP) or request for qualifications (RFQ) processes.
The City Council adopted Resolutions and authorized entering into agreements with the following
consultant and contractor firms, as follows:
Consultant/Contractor
Cascadia Consulting Group, Inc.
Guida (formerly Guida Surveying,
Inc.)
Kimley-Horn & Associates, Inc.*
Kittelson & Associates, Inc.
Lynx Technologies
Pakpour Consulting Group, Inc*.
Tri-Valley Janitorial Service &
Supply, Inc.
* NOTE: Kimley-Horn & Associates Inc. and Pakpour Consulting Group, Inc. provided qualifications in
multiple on -call consulting services categories. Agreements with these firms were approved via separate
resolutions specific to those consulting services categories on July 1, 2021.
Agreement
Date
June 2, 2021
July 1, 2021
July 1, 2021
Amendment Date
April 5, 2022
n/a
n/a
Resolution
Number(s)
54-21, 24-22
77-21
July 1, 2021
July 1, 2021
July 1, 2021
April 20, 2021
n/a
April 18, 2023
December 16, 2021
n/a
73-21,75-21, 78-
21
78-21
53-21, 30-23
72-21, 73-21
30-21
The agreements listed above will expire on June 30, 2024. Staff recommends that City Council
approve amendments to extend the term of services through June 1, 2026 for Cascadia Consulting
Group, Inc., and through June 30, 2026 for the remaining consultant and contractor firms. In order
to pay for services provided through the term extensions, Staff also recommends the agreement
amendments include increases to the not -to -exceed compensation limit for each firm as shown in
the table below.
Page 2 of 4
2
Consultant/Contractor
Cascadia Consulting Group, Inc.
Guida (formerly Guida Surveying, Inc.)
Kimley-Horn & Associates, Inc.
Kittelson & Associates, Inc.
Lynx Technologies
Pakpour Consulting Group, Inc.
Tri-Valley Janitorial Service & Supply, Inc.
* Rounded to nearest dollar.
Current
Compensation Limit
$407,610
$100,000
$2,000,000
$500,000
$357,000
$2,000,000
$2,397,977
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
Proposed
Compensation Limit
$607,610
$200,000
$2,500,000
$1,000,000
$467,000
$3,000,000
$4,302,220*
1) Resolution Approving Amendment #2 to the Contractor Services Agreement with Cascadia
Consulting Group, Inc. for Senate Bill 1383 Implementation Assistance
2) Exhibit A to the Resolution - Amendment #2 to the Contractor Services Agreement with
Cascadia Consulting Group, Inc.
3) Contractor Services Agreement and Amendment #1 with Cascadia Consulting Group, Inc. for
Senate Bill 1383 Implementation Assistance
4) Resolution Approving Amendment #1 to the Consulting Services Agreement with Guida
(Formerly Guida Surveying, Inc.) for Surveying Services
5) Exhibit A to the Resolution - Amendment #1 to the Consulting Services Agreement with
Guida
6) Consulting Services Agreement with Guida Surveying, Inc. for On -call Surveying Services
7) Resolution Approving Amendment #1 to the Consulting Services Agreement with Kimley-
Horn & Associates, Inc. for Development Review, Intelligent Transportation Systems, and
Transportation Planning and Engineering
8) Exhibit A to the Resolution - Amendment #1 to the Consulting Services Agreement with
Kimley-Horn and Associates, Inc.
9) Consulting Services Agreement with Kimley-Horn and Associates, Inc. for On -call
Development Review, Intelligent Transportation Systems, and Transportation Planning and
Engineering
10) Resolution Approving Amendment #1 to the Consulting Services Agreement with Kittelson &
Associates, Inc. for Transportation Planning and Engineering Services
11) Exhibit A to the Resolution - Amendment #1 to the Consulting Services Agreement with
Kittelson & Associates, Inc.
Page 3 of 4
3
12) Consulting Services Agreement with Kittelson & Associates, Inc. for On -call Transportation
Planning and Engineering Services
13) Resolution Approving Amendment #2 to the Consulting Services Agreement with Lynx
Technologies, Inc. for GIS Consulting Services
14) Exhibit A to the Resolution - Amendment #2 to the Consulting Services Agreement with Lynx
Technologies, Inc.
15) Consulting Services Agreement with Lynx Technologies, Inc. for GIS Consulting Services
16) Resolution Approving Amendment #2 to the Consulting Services Agreement with Pakpour
Consulting Group, Inc. for Development Review and Construction Management and
Inspection Services
17) Exhibit A to the Resolution - Amendment #2 to the Consulting Services Agreement with
Pakpour Consulting Group, Inc.
18) Consulting Services Agreement and Amendment #1 with Pakpour Consulting Group, Inc. for
On -call Development Review and Construction Management and Inspection
19) Resolution Approving Amendment #1 to the Contractor Services Agreement with Tri-Valley
Janitorial Service & Supply, Inc. for Janitorial Services and Supplies
20) Exhibit A to the Resolution - Amendment #1 to the Contractor Services Agreement with Tri-
Valley Janitorial Service & Supply, Inc.
21) Contractor Services Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial
Services and Supplies
Page 4 of 4
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Attachment I
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #2 TO THE CONTRACTOR SERVICES AGREEMENT WITH
CASCADIA CONSULTING GROUP, INC. FOR SENATE BILL 1383 IMPLEMENTATION
ASSISTANCE
WHEREAS, on June 1, 2021, the City Council adopted Resolution No. 54-21 approving a
Contractor Services Agreement with Cascadia Consulting Group, Inc. for Senate Bill (SB) 1383
implementation assistance; and
WHEREAS, on April 5, 2022, the City Council adopted Resolution No. 24-22 approving
Amendment #1 to a Contractor Services Agreement with Cascadia Consulting Group, Inc. for SB
1383 implementation assistance to increase the scope of work and increase the compensation;
and
WHEREAS, the City and Contractor mutually desire to amend the Agreement to extend the
term and increase the compensation amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
herby approve Amendment #2 with Cascadia Consulting Group, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non -
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 5
Attachment 2
AMENDMENT #2 TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND CASCADIA CONSULTING GROUP, INC.
WHEREAS, on June 2, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Cascadia Consulting Group, Inc. (hereinafter referred to as " CONTRACTOR ")
entered into a Contractor Services Agreement for SB1383 Implementation Assistance
(hereinafter referred to as the "AGREEMENT"); and
WHEREAS, on April 5, 2022, the City Council adopted Resolution 24-22
approving Amendment No. 1 to the Contractor Services Agreement for SB 1383
Implementation Assistance; and
WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the Agreement
to extend the term through June 1, 2026 by modifying section 1.1 of the Agreement, and to
increase the not to exceed compensation amount to $607,610 by modifying Section 2 of the
Agreement; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the
AGREEMENT to update the compensation schedule by modifying Exhibit B 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 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 1. 2026, the date of completion specified in Exhibit A, and Contractor
shall complete the work described in Exhibit A on or before that date, unless the term
of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Contractor to complete the services required by this Agreement
shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
Notwithstanding the foregoing this Agreement may be extended on a month to month
basis for up to 6 months upon the written consent of the Contractor and the City
Manager, provided that: a) sufficient funds have been appropriated for such purchase,
b) the price charged by the Contractor for the provision of the serves described in
Exhibit A does not increase. None of the foregoing shall affect the City's right to
terminate the Agreement as provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to
exceed $607,610, notwithstanding any contrary indications that may be contained in
the Contractor's proposal, for services to be performed and reimbursable costs
Page 1of3
6
incurred under his Agreement. In the event of a conflict between this Agreement and
the Contractor's proposal, 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. 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.
3) Revised Exhibit B (Compensation Schedule & Reimbursable Expenses) of the
AGREEMENT is amended per the attached.
4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
5) All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
6) 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 THE FOLLOWING PAGE
Page 2 of 3
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DocuSign Envelope ID: CB232FFE-C60E-4953-A43B-142382D6EE5C
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN CASCADIA CONSULTING GROUP, INC.
By:
By:C ((AAA,V,Ow4aS
Linda Smith D'Ambrosio, City Manager Stephanie Thomas, Co -president
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
DocuSigned by:
Page 3of3
8
DocuSign Envelope ID: CB232FFE-C60E-4953-A43B-142382D6EE5C
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Consultant shall provide the services at the hourly rates shown in the table below. A new fee schedule is issued
at the beginning of each year, as approved by the City.
Position Title
2024-25FY
Strategic Advisor I
Strategic Advisor II
Strategic Advisor III
Project Manager I
Project Manager II
Outreach Specialist I
Outreach Specialist II
Outreach Specialist III
Outreach Lead
Graphic Design I
Graphic Design II
Graphic Design III
Graphic Design Lead
Data Analyst I
Data Analyst II
Data Analyst III
Data Analyst Lead
Survey Lead
$255
$260
$295
$220
$235
$150
$155
$180
$210
$135
$155
$165
$275
$155
$175
$200
$220
$180
Standard charges for common reimbursable direct expenses are as follows:
Automobile Travel — Prevailing IRS mileage rate
*Mileage fees are based on the round-trip distance from the point of origin.
*Reimbursable expenditures shall be itemized and provided as part of submitted invoices.
Page 1 of 1
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Attachment 3
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
CASCADIA CONSULTING GROUP, INC.
THIS AGREEMENT for contract services is made by and between the City of Dublin ("City") and
Cascadia Consulting Group, Inc. ("Contractor") (together sometimes referred to as the "Parties") as of June
2, 2021 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024 the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
1.5 [Intentionally Deleted]
1.6 [Intentionally Deleted]
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $276,390,
notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be
Services Agreement between
City of Dublin and Cascadia Consulting Group, Inc
June 2, 2021
Page 1 of 15
10
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not
bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
• The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
■ The Contractor's signature;
• Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Services Agreement between
City of Dublin and Cascadia Consulting Group, Inc
June 2, 2021
Page 2 of 15
11
Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, 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 Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 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. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 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.
Services Agreement between
City of Dublin and Cascadia Consulting Group, Inc
June 2, 2021
Page 3 of 15
12
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
Services Agreement between
City of Dublin and Cascadia Consulting Group, Inc
June 2, 2021
Page 4 of 15
13
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
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.
Services Agreement between
City of Dublin and Cascadia Consulting Group, Inc
June 2, 2021
Page 5 of 15
14
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
Services Agreement between
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c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
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June 2, 2021
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4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Contractor's negligence, recklessness, or
willful misconduct in the performance of the Services or its failure to comply with any of its obligations
contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of
City.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
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June 2, 2021
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Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
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June 2, 2021
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
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
Services Agreement between
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June 2, 2021
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Contractor 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 Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
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
Services Agreement between
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June 2, 2021
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above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabilitv. 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.
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June 2, 2021
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10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Cascadia Consulting Group
Att: Julie Bryant, Director
315 Washington St
Oakland, CA 94607
Any written notice to City shall be sent to:
City of Dublin
Att: Michelle Sung, Environmental Technician
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A and B represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Services Agreement between
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June 2, 2021
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Exhibit A
Exhibit B
Scope of Services
Compensation Schedule
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between
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June 2, 2021
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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
DocuSi
n
Linda Smith, City Manager
Atte LSigned by:
OVVAItia- *brie
Marsha Moore, City Clerk
Approved as to Form:
DocuSigned by:
iar tA, bislap far
City AttorneF..
3070365.1
Services Agreement between
City of Dublin and Cascadia Consulting Group, Inc
Cascadia Consulting Group
DocuSigned by:
r
Julie Bryant,' Director
June 2, 2021
Page 15 of 15
24
EXHIBIT A
SCOPE OF SERVICES
The Contractor will be required to deliver technical assistance to businesses, multifamily properties, and
edible food generators in Dublin to ensure compliance with SB 1383. The Contractor will be required to
conduct the following tasks on an ongoing basis.
Tasks:
1. Conduct waste assessments to identify businesses and/or multifamily properties that are eligible
to receive SB 1383 De Minimis Waivers. Coordinate with Amador Valley Industries (AVI) on
planned activities.
2. In coordination with City staff, develop and implement an outreach plan for businesses, single-
family homeowners, and multifamily properties on SB 1383 requirements. Contractor will also
coordinate with AVI on planned activities, work with customers to implement new compost
programs, provide cost analyses, education and outreach, and coordinate with AVI as needed
to implement service level changes.
3. Conduct outreach to Tier 1 and Tier 2 commercial edible food generators to convey SB 1383
requirements, support set up of edible food donation programs, and confirm written agreements
are in place with food recovery organizations, if any.
4. Conduct an analysis and provide a plan to help the City identify SB 1383 procurement options.
The analysis shall include an estimate of compost/mulch quantities that could be applied to
parks, open space, right-of-way, and other City owned property and shall also consider other
options that would satisfy the procurement requirement (e.g. partnering with direct service
providers and/or special districts).
5. Provide a report on potential SB 1383 data tracking and management options, including
proprietary and non-proprietary database and reporting systems.
6. As necessary and as directed by City staff: Conduct lid lift assessments to identify contamination
in organics and recycling streams, address contamination by providing technical assistance.
7. As necessary and as directed by City staff: Conduct lid lift assessments to identify target
materials (organics and/or recyclables) in the garbage. Identify opportunities to reduce target
materials from garbage stream by recommending service level changes, providing cost
analyses, and coordinating with AVI to implement changes as needed.
8. Track activities and progress towards objectives.
9. Assist with other SB 1383 related items as needed.
Deliverables
At minimum, deliverables for this project shall include one-time and Quarterly Reports that include the
following:
1. Community outreach plan for SB 1383 compliance.
2. Compost procurement options report.
Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc. Exhibit A — Page 1 of 2
25
3. Database tracking and management report.
4. Activity tracking for outreach and recommendations provided to businesses and multifamily
properties.
5. Documentation of businesses or multifamily properties that qualify for De Minimis waivers including
location, date of assessment, and name of generator that qualifies for waiver.
6. Documentation of outreach provided to edible food generators, and list of generators that have
contracts with food recovery organizations.
Contingencv
This contract includes a contingency amount of $75,000 which may only be expended upon written pre -
verification approval by the City for lid lift assessments and/or other SB 1383 related items that will be
conducted as necessary and as directed by City staff. Because the City has not yet engaged in contract
negotiations with AVI for SB 1383 implementation, it has not yet been determined if AVI or the Contractor will
conduct lid lift assessments or if other SB 1383 activities will be required of the Contractor.
Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc. Exhibit A — Page 2 of 2
26
EXHIBIT B
COMPENSATION SCHEDULE
Julie Bryant, Principal -in -Charge
Angela Pan, Project Manager
Terry Ng, Outreach Lead
Maddie Seibert, Edible Food Generator Outreach Lead
Jennifer de Graaf, Organic Waste Procurement & MWELO Advisor
$225
$150
$100
$120
$150
Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc. Exhibit B — Page 1 of 1
27
AMENDMENT #1 TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
CASCADIA CONSULTING GROUP, INC.
WHEREAS, on June 2, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Cascadia Consulting Group, Inc. (hereinafter referred to as " CONTRACTOR ")
entered into a Contractor Services Agreement for SB 1383 Implementation Assistance
(hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the CONTRACTOR continues to complete scope of work in the
existing AGREEMENT; and
WHEREAS, the CITY and CONTRACTOR mutually desire to amend the
AGREEMENT to add scope of work as described in Exhibit A and increase compensation.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1 shall be rescinded in its entirety and replaced with the following:
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 revised
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.
2) Section 2 shall be rescinded in its entirety and replaced with the following:
COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed
$407,610, notwithstanding any contrary indications that may be contained in
Contractor's proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and
Contractor's proposal, attached as Exhibit A, regarding the amount of compensation,
the Agreement shall prevail. City shall pay Contractor for services rendered pursuant
to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Contractor for services
rendered pursuant to this Agreement. Contractor shall submit all invoices to City in
the manner specified herein. Except as specifically authorized by City in writing,
Contractor shall not bill City for duplicate services performed by more than one
person.
Contractor and City acknowledge and agree that compensation paid by City to
Contractor under this Agreement is based upon Contractor's estimated costs of
Page 1 of
28
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.
3) Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the
attached.
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) All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
6) 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 Consultant to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Page 2 of 3
29
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN
By:
CASCADIA CONSULTING GROUP, INC
rDocuSi: r DocuSigned by:
Dated:
r'33b bl.r 1.V44
Linda �mi City Manager
4/14/2022
ATTEIDocusigned by:
By: OUVAA1/14o
CC1J IbUL
Myarshainore, City Clerk
APPROVED AS TO FORM:
By:
DocuSigned by:
tior In, 15isL p far
ity A
`JCU/rJby pU 4z34
ttorney
By:
Page 3 of 3
bniatAl
Jr G1t, uIrr43H.
Ju ie Bryant, Director
30
EXHIBIT A
SCOPE OF SERVICES
The Contractor will be required to deliver technical assistance to businesses, multifamily
properties, and edible food generators in Dublin to ensure compliance with SB 1383. The
Contractor will be required to conduct the following tasks on an ongoing basis.
Tasks:
1. Conduct waste assessments to identify businesses and/or multifamily properties
that are eligible to receive SB 1383 De Minimis Waivers. Coordinate with Amador
Valley Industries (AVI) on planned activities.
2. In coordination with City staff, develop and implement an outreach plan for
businesses, single-family homeowners, and multifamily properties on SB 1383
requirements. Contractor will also coordinate with AVI on planned activities, work
with customers to implement new compost programs, provide cost analyses,
education and outreach, and coordinate with AVI as needed to implement service
level changes.
3. Conduct outreach to Tier 1 and Tier 2 commercial edible food generators to convey
SB 1383 requirements, support set up of edible food donation programs, and
confirm written agreements are in place with food recovery organizations, if any.
4. Conduct an analysis and provide a plan to help the City identify SB 1383
procurement options. The analysis shall include an estimate of compost/mulch
quantities that could be applied to parks, open space, right-of-way, and other City
owned property and shall also consider other options that would satisfy the
procurement requirement (e.g. partnering with direct service providers and/or
special districts).
5. Provide a report on potential SB 1383 data tracking and management options,
including proprietary and non-proprietary database and reporting systems.
6. SB 1383 Route Review. Conduct lid lift assessments to identify contamination in
containers randomly selected on all hauler routes. Contractor shall coordinate with
the City to randomly select customers for monitoring. Contractor shall design
educational cart tags for placement on the cart during route review. Upon finding
prohibited contaminants, an educational tag shall be left on the container notifying
the generator. If prohibited contaminants are not noted, a tag shall be left on the
container notifying the generator that they are sorting properly. Route review data
shall be tracked in a database selected by the City. Contractor shall coordinate with
the City's franchised waste hauler to minimize disruption to normal waste collection
activities and route review results shall also be shared.
7. Track activities and progress towards objectives.
8. Assist with other SB 1383 related items as needed.
31
Deliverables
At minimum, deliverables for this project shall include one-time and Quarterly Reports that
include the following:
1. Community outreach plan for SB 1383 compliance.
2. Compost procurement options report.
3. Database tracking and management report.
4. Activity tracking for outreach and recommendations provided to businesses and
multifamily properties.
5. Documentation of businesses or multifamily properties that qualify for De Minimis
waivers including location, date of assessment, and name of generator that qualifies
for waiver.
6. Documentation of outreach provided to edible food generators, and list of generators
that have contracts with food recovery organizations.
32
Attachment 4
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE CONSULTING SERVICES AGREEMENT WITH
GUIDA (FORMERLY GUIDA SURVEYING, INC.) FOR SURVEYING SERVICES
WHEREAS, on June 15, 2021, the City Council adopted Resolution No. 77-21 approving
an Agreement for On -Call Surveying Services with Guida Surveying, Inc. for a not -to -exceed
amount of $100,000 over a three-year term; and
WHEREAS, the City and Consultant mutually desire to amend the Agreement to extend
the term and increase the compensation amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
herby approve Amendment #1 with Guida (formerly Guida Surveying, Inc.).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non -
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 33
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Attachment 5
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND GUIDA
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and GUIDA (hereinafter referred to as " CONSULTANT ") entered into a Consulting
Services Agreement for On -Call Surveying Services (hereinafter referred to as the
"AGREEMENT"); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to
increase the not to exceed compensation amount to $200,000 by modifying Section 2 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 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30. 2026, 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.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $200,000, notwithstanding any contrary indications that may be contained in
the Consultant's proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the Consultant's proposal, 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. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant
shall not bill City for duplicate services performed by more than one person.
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3) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
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 THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN GUIDA
DocuSigned by:
By: By:t�txbut, 9141 I
4Ut.;t5t3'b J 4/U..
Linda Smith D'Ambrosio, City Manager Bernle NCclnally PLS, Executive Vice
President
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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Attachment 6
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GUIDA SURVEYING, INC.
FOR
ON -CALL SURVEYING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Guida Surveying, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of July 1, 2021
(the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, 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 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include "work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work," the services constitute a public works
Consulting Services Agreement between City of Dublin and
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within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $100,000
notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall
not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
Consulting Services Agreement between City of Dublin and
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■ The beginning and ending dates of the billing period;
■ A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
■ A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
■ The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
■ The Consultant's signature;
■ Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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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 Pavment 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 Pavment 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
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
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insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers' Compensation Insurance and Employer's Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
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4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 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
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not less than $2,000,000 covering the licensed professionals' errors and
omissions. Any deductible or self -insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 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 A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 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
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Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• 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. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City's business; and is
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customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant's failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
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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 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
Guida Surveying, Inc. for On -Call Surveying Services
07/01/2021
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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
Guida Surveying, Inc. for On -Call Surveying Services
07/01/2021
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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 Severabilitv. 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
Guida Surveying, Inc. for On -Call Surveying Services
07/01/2021
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understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City's sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant's economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Guida Surveying, Inc.
Attn: Eric Low, PLS, Project Manager
4695 Chabot Drive, Suite 115
Pleasanton, CA 94588
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C, and D represents the entire and
integrated agreement between City and Consultant and supersedes all prior
negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
Consulting Services Agreement between City of Dublin and
Guida Surveying, Inc. for On -Call Surveying Services
07/01/2021
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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
Guida Surveying, Inc. for On -Call Surveying Services
07/01/2021
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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
p-DocuSi ned by:
brritit8Sfitittity Manager
Attest:
DocuSigned by:
2/(OUAke
ftieMPe; City Clerk
Approved as to Form:
DocuSigned by:
.9av'dblt&1 1,br k
. Ritt l I l7 484...
3070368.1
Guida Surveying, Inc.
1-DocuSigned by:
Ut,wut,
`BetiTIVEM6ItfairY, PLS, Executive Vice President
Consultant's DIR Registration Number
(if applicable)
Consulting Services Agreement between City of Dublin and
Guida Surveying, Inc. for On -Call Surveying Services
07/01/2021
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EXHIBIT A
SCOPE OF SERVICES
Surveying
• Provide staff augmentation services.
• Review parcel maps, final maps, lot mergers, lot line adjustments, and plat maps and legal descriptions
for technical accuracy, including review of boundary, cover sheet certificates, closure calculations,
monuments, easements and cross-referencing improvement plans in accordance with the Subdivision
Map Act, City Subdivision Ordinance, and surveying standards of practice.
• Provide a licensed land surveyor and/or civil engineer to sign and approve parcel and final maps for
technical correctness on behalf of the City as Acting City Surveyor or Acting Assistant City Engineer.
• Prepare plat maps and legal descriptions for acquisition areas.
• Conduct topographic surveys, process field data, and produce topographic maps.
• GPS data collection, inventory management, and GIS integration.
• Research record documentation defining existing right-of-way. Prepare right-of-way maps.
• Calculate record locations of pertinent boundary monumentation for use in field survey work.
• Conduct field right-of-way surveys to locate boundary evidence.
• Perform boundary analysis based on record and field data.
• Perform topographic surveys for the design of capital projects.
• Perform construction staking surveys.
• Conduct monument verifications.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Guida Surveying, Inc. for On -Call Surveying Services Exhibit A — Page 1 of 1
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
HOURLY RATES
(Rates effective July 1, 2021 through June 30, 2022)
LABOR DESCRIPTION RATE
Principal $250.00
Project Manager $200.00
Project Surveyor $175.00
Survey Analyst $150.00
Survey Technician $125.00
Project Coordinator $ 95.00
Field Survey Rates by Prevailing Wage Classification*
1-Person Survey Crew $175.00
2-Person Survey Crew $275.00
3-Person Survey Crew $370.00
*1-, 2-, and 3-person survey crews are inclusive of survey vehicles, conventional and GPS survey equipment, and associated
survey tools, safety equipment, etc.
MINIMUM HOURLY CHARGE (PREVAILING WAGE ONLY)
Office classifications will be billed based on the hours worked, no minimum hourly charge. Field classifications will be
billed on an hourly basis with a minimum of 4, 6, and 8 hours in accordance with prevailing wage requirements.
ESCALATION
Rates shall remain fixed through June 30, 2022. Escalation of rates will begin on July 1, 2021 and escalate on July
1 st each year thereafter. Escalation will be based upon the San Francisco Bay Area Consumer Price Index.
OVERTIME
Straight time will be billed for all work performed on -site up to 8 hours each day, Monday through Friday. Overtime will begin
after 8 hours, Monday through Friday and on Saturdays. Double time will begin after 12 hours and on Sundays and holidays.
The overtime/double labor rates will include:
Overtime (on -site over 8 hours Mon -Fri and Sat) 1.5 times the hourly base rate
Sundays and Holidays 2.0 times the hourly base rate
Nighttime Non -Overtime 1.5 times the hourly base rate
OTHER DIRECT COSTS
Reimbursable costs for project specific items including but not limited to utility and agency research fees, permits,
title company fees, County checking fees, etc., shall be billed at cost.
Mileage will be billed at the approved IRS rate.
Subconsultant fees shall be billed at cost plus 10%.
Expenses for any special equipment and/or requests shall be at the approval of the client and billed at cost.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
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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 07/01/2021
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EXHIBIT D
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 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
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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 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.
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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.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Guida Surveying, Inc. for On -Call Surveying Services Exhibit D — Page 3 of 3
57
Attachment 7
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE CONSULTING SERVICES AGREEMENT WITH
KIMLEY-HORN & ASSOCIATES, INC. FOR DEVELOPMENT REVIEW, INTELLIGENT
TRANSPORTATION SYSTEMS, AND TRANSPORTATION PLANNING AND ENGINEERING
SERVICES
WHEREAS, on June 15, 2021, the City Council adopted Resolution Numbers 73-21, 75-
21, and 78-21 approving an Agreement for On -Call Development Review Services, Intelligent
Transportation Systems Services, and Transportation Planning and Engineering Services with
Kimley-Horn and Associates, Inc. for a not -to -exceed amount of $2,000,000 over a three-year
term; and
WHEREAS, the City and Consultant mutually desire to amend the Agreement to extend
the term and increase the compensation amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
herby approve Amendment #1 with Kimley-Horn & Associates, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non -
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 58
DocuSign Envelope ID: F1669E2F-8470-4343-9432-1AB8131D4F89
Attachment 8
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND KIMLEY-HORN AND ASSOCIATES, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Kimley-Horn and Associates, Inc. (hereinafter referred to as " CONSULTANT
") entered into a Consulting Services Agreement for On -Call Development Review, On -Call
Intelligent Transportation Systems and On -Call Transportation Planning and
Engineering(hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to
increase the not to exceed compensation amount to $2,500,000 by modifying Section 2 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 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2026, 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.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $2,500,000, notwithstanding any contrary indications that may be contained in
the Consultant's proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the Consultant's proposal, 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. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant
shall not bill City for duplicate services performed by more than one person.
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3) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
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 THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN KIMLEY-HORN AND ASSOCIATES, INC.
By:
Linda Smith D'Ambrosio, City Manager
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
DocuSigned by:
By:
F7532 3EE4642E...
rian dowers, Sr. Vice President
Page 3 of 3
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Attachment 9
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
KIMLEY-HORN AND ASSOCIATES, INC.
FOR
ON -CALL DEVELOPMENT REVIEW,
ON -CALL INTELLIGENT TRANSPORTATION SYSTEMS, AND
ON -CALL TRANSPORATION PLANNING AND ENGINEERING
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Kimley-Horn and Associates, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of July
1, 2021 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, 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 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
1.5 [Reserved(
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1.6 I'Reservedj
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,000,000
for Development Review, $500,000 for Intelligent Transportation Systems services, and $500,000 for
Transportation Planning and Engineering, for a total of $2,000,000, notwithstanding any contrary
indications that may be contained in Consultant's proposal, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's
proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City
shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
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• 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.
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
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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
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
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the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
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
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performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals' errors and
omissions. Any deductible or self -insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
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c. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 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 A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
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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. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
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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, 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 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.
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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.
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
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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
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
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state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City's sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant's economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
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Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Kimley-Horn and Associates, Inc.
Brian Sowers, Sr. Vice President
4637 Chabot Drive, Suite 300
Pleasanton, CA 94588
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
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
Kimley-Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng
07/01/2021
Page 13 of 14
74
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
DocuSigned by:
r
Linda Smith, City Manager
Attest:
DocuSigned by:
VotAkinf
IuI ll sair4 .\...
Marsha Moore, City Clerk
Approved as to Form:
DocuSigned by:
,jarAtit, bisLp f r
`CitVAifOr7rier.-.
3070368.1
KIMLEY-HORN AND ASSOCIATES, INC.
DocuSigned by:
175ViatA, S6WWS
rib C4ib 4b4L
Brian owers, r. Vice President
Consultant's DIR Registration Number
(if applicable)
Consulting Services Agreement between City of Dublin and
Kimley-Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng
07/01/2021
Page 14 of 14
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EXHIBIT A
SCOPE OF SERVICES
Development Review
• Provide staff augmentation services.
• Serve as engineering project manager and primary engineering reviewer for a wide variety of land
development, subdivision, commercial, encroachment permit, small cell permit, planning applications,
and building permit applications.
• Review and manage multiple land development, subdivision, commercial, encroachment permit, small
cell permit, planning applications, and building permit applications from initial planning application or
entitlement through issuance of permit for construction or improvement plan and final map approval,
construction, to final sign -off of improvements, turnover for maintenance, and warranty release.
• Review, analyze, and develop conditions of approval for various planning entitlement applications such
as Tentative Maps, Site Development Reviews and Conditional Use Permits.
• Review various encroachment permit applications, including small cell site applications, and building
permit applications.
• Review parcel maps, final maps, tract improvement plans, grading plans, street improvement plans,
plot plans and building permit plans for conformance with City and State regulations and engineering
standards of practice, including ADA and accessibility requirements.
• Review plans and documents for conformance with the requirements of the RWQCB NDPES Municipal
Regional Permit (MRP), including but not limited to:
■ Low impact development.
■ Source control.
■ Design of storm water treatment measures and sizing calculations.
■ Hydromodification standards and the use of BAHM software to both design and review
detention and metering devices.
■ Trash capture.
■ Stormwater Management Maintenance Agreements.
• Work collaboratively with Public Works Staff and other City departments such as Planning, Building,
Economic Development, Fire and Environmental Services during the review process.
• Coordinate the review and approval process with outside agencies such as Dublin San Ramon
Services District, Zone 7 and Alameda County.
• Correspond directly with applicants and their design teams.
• Attend meetings with applicants and Staff and conduct various other duties in order to efficiently
coordinate project reviews with City Staff.
• Write memorandums summarizing plan review comments for transmittal to applicants and other
departments/agencies.
• Write staff reports for City Council meetings.
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• Prepare agreements including long term encroachment agreements, stormwater operations &
maintenance agreements and subdivision improvement agreements.
• Administer surety bonds associated with various agreements.
• Prepare grant deeds, grants of easement or certificates of acceptance documents and review of
associated plat maps and legal descriptions.
• Perform field observations and walk-throughs of projects under construction, in support of Public Works
inspection staff/consultants.
Intelligent Transportation Systems
• Develop Intelligent Transportation System (ITS) applications, communication needs, and upgrades.
• Perform Traffic Operation Center equipment (hardware and software) maintenance, including
equipment replacement and provide monitoring and operation services.
• Provide assistance on Connected and Autonomous Vehicle implementation, testing and technology.
• Conduct research for technology comparisons.
• Develop long-range transportation related communication infrastructure plans.
• Provide communication infrastructure support and maintenance for traffic signals and traffic operations
center.
• Support pursuit of Public/Private partnerships in transportation data sharing and management.
Transportation Planning and 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.
• Prepare and review traffic impact studies.
• Prepare and review Engineering and Traffic surveys for setting speed limits.
• Conduct travel demand modeling/forecasting 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.
• Conduct vehicle miles traveled (VMT) analysis for land use and transportation projects.
• Prepare traffic warrant studies.
• Review/prepare construction detour plans and traffic control 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.
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• Prepare and review signing, marking, and striping plans.
• Prepare roadway, intersection, curb ramp, bulbout 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/Simtraffic software based HCM
Methodology.
• Conduct traffic microsimulation analysis for intersections and roadways.
• Develop and prepare grant applications.
• Provide updates to the Citywide Travel Demand Model.
• Review Transportation section of an EIR.
• Prepare and review Transportation Demand Management (TDM) plans and TDM monitoring reports.
• 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.
■ Bicycle, Pedestrian and Transit level of service or quality of service
• 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 including plans, specifications and estimates
(PS&E)
• Conduct feasibility studies for all modes of transportation.
• Evaluate and develop mobility hubs including but not limited to bicycle and scooter share programs.
• Implement Traffic Sign Retro-reflectivity standards and provide traffic sign inventory data management.
Implement transportation Asset Management and Customization.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Effective July 1, 2021 to June 30, 2022
Position Title Rate for Year One*
Analyst 1 $130.00
Analyst 11 $150.00
Analyst III $170.00
Professional 1 $185.00
Professional 11 $200.00
Professional III $225.00
Professional IV $250.00
Sr. Professional 1 $270.00
Sr. Professional 11 $295.00
Sr. Professional III $310.00
Principal/Sr. Technical Advisor $345.00
Project Support $110.00
* All CPI increases shall be calculated by Consultant and requested for adjustment each May, effective
each July 1st. Rate increases shall not exceed 3%. Additionally, rates shown are based on staff at their
current classification level. Classifications are reviewed yearly, and individual staff classifications may
change during the contract period.
SubconsultantsNendors: Billed at cost plus 10%.
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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.
3070368.1
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Attachment 10
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE CONSULTING SERVICES AGREEMENT WITH
KITTELSON & ASSOCIATES, INC. FOR TRANSPORTATION PLANNING AND
ENGINEERING SERVICES
WHEREAS, on June 15, 2021, the City Council adopted Resolution No. 78-21 approving
an Agreement for On -Call Transportation Planning and Engineering Services with Kittelson &
Associates, Inc. for a not -to -exceed amount of $500,000 over a three-year term; and
WHEREAS, the City and Consultant mutually desire to amend the Agreement to extend
the term and increase the compensation amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
herby approve Amendment #1 with Kittleson & Associates, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non -
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 81
DocuSign Envelope ID: 5526C1C7-ACA0-4861-A15C-8BDA19D75D84
Attachment I I
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND KITTELSON & ASSOCIATES, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Kittelson & Associates, Inc. hereinafter referred to as " CONSULTANT ") entered
into a Consulting Services Agreement for On -Call Transportation Planning & Engineering
Services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to
increase the not to exceed compensation amount to $1,000,000 by modifying Section 2 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 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2026, 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.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $1,000,000, notwithstanding any contrary indications that may be contained in
the Consultant's proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the Consultant's proposal, 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. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant
shall not bill City for duplicate services performed by more than one person.
Page 1 of 3
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DocuSign Envelope ID: 5526C1C7-ACA0-4861-A15C-8BDA19D75D84
3) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
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 THE FOLLOWING PAGE
Page 2 of 3
83
DocuSign Envelope ID: 5526C1C7-ACA0-4861-A15C-8BDA19D75D84
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN KITTELSON & ASSOCIATES, INC.
By:
Linda Smith D'Ambrosio, City Manager
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
DocuSigned by:
By:
5aNxicun, S{ ratn. ttiS
8CF.26696 743 ..
Damian `gtefanakis, Senior Principal
Planner
Page 3 of 3
84
Attachment 12
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
KITTELSON & ASSOCIATES, INC.
FOR
ON -CALL TRANSPORTATION PLANNING & 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,
2021 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, 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 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
1.5 Public Works Contractor Registration. Because the services described in Exhibit A
include "work performed during the design and preconstruction phases of construction
including, but not limited to, inspection and land surveying work," the services constitute a
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public works within the definition of Section 1720(a)(1) of the California Labor Code. As a
result, Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit C.
1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section
1771.1 of the California Labor Code, that Contractor or any subcontractor 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. Contractor agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $500,000
notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall
not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
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■ The beginning and ending dates of the billing period;
■ A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
■ A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
■ The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
■ The Consultant's signature;
■ Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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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 Pavment 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 Pavment 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
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
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88
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers' Compensation Insurance and Employer's Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including without limitation, blanket contractual liability and the
use of owned and non -owned automobiles.
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4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
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licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals' errors and
omissions. Any deductible or self -insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 [Intentionally Deletedl.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 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
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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. Except for Consultant's Professional Liability policy, 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. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
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Consultant performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant's failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
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(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 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.
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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
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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 Severabilitv. 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
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understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City's sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant's economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Kittelson & Associates, Inc.
Attn: Aaron Elias, TE, Project Manager
155 Grand Avenue, Suite 505
Oakland, CA 94612
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C, and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
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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
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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
KITTELSON & ASSOCIATES, INC.
DocuSigned by: ,—DocuSigned by:
Linda Smith, City Manager
Attest:
PDocuSignedby: r �%
VAW& 1 Y l.' - —v
o��
Marsha Moore City Clerk
Approved as to Form:
DocuSigned by:
jar tA, 61,ap far
City Attorney'V'
3766317.1
(Aktmt t,u,
Laurence Lewis, AICP LEED AP, Principal Planner
Consultant's DIR Registration Number
(if applicable)
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EXHIBIT A
SCOPE OF SERVICES
Surveying
• Provide staff augmentation services.
• Review parcel maps, final maps, lot mergers, lot line adjustments, and plat maps and legal descriptions
for technical accuracy, including review of boundary, cover sheet certificates, closure calculations,
monuments, easements and cross-referencing improvement plans in accordance with the Subdivision
Map Act, City Subdivision Ordinance, and surveying standards of practice.
• Provide a licensed land surveyor and/or civil engineer to sign and approve parcel and final maps for
technical correctness on behalf of the City as Acting City Surveyor or Acting Assistant City Engineer.
• Prepare plat maps and legal descriptions for acquisition areas.
• Conduct topographic surveys, process field data, and produce topographic maps.
• GPS data collection, inventory management, and GIS integration.
• Research record documentation defining existing right-of-way. Prepare right-of-way maps.
• Calculate record locations of pertinent boundary monumentation for use in field survey work.
• Conduct field right-of-way surveys to locate boundary evidence.
• Perform boundary analysis based on record and field data.
• Perform topographic surveys for the design of capital projects.
• Perform construction staking surveys.
• Conduct monument verifications.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
POSITION TITLE RATE
Senior Principal Engineer/Planner $310
Principal Engineer/Planner $250
Associate Engineer/Planner $220
Senior Engineer/Planner $190
Engineer/Planner $160
Transportation Analyst $140
Principal Data Scientist/Developer $260
Senior Data Scientist/Developer $210
Data Scientist/Developer $180
Data Analyst/Software Developer $140
Software Technician $110
Associate Technician $165
Senior Technician $155
Technician II $130
Technician I $110
Office Support $90
Service & Other Direct Costs Billing Rate
Mileage $.575/mile
Travel & Other Direct Costs Actual plus 10% markup
Subconsultants Actual plus 10% markup
Note: Kittelson's schedule of hourly rates (as of July 1, 2021) for each position classification for
year one of the Dublin On- Call contract. Rates are subject to increase each year on July 1.
All invoices shall be submitted on a monthly basis via PDF attachment to PWinvoices@dublin.ca.gov.
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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.
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EXHIBIT D
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 Contractor 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 Contractor 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 or work.
B. In accordance with California Labor Code Section 1775, the Contractor and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes penalties per day for each worker engaged in the
performance of the services described in Exhibit A that the Contractor 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 Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or
the previous record of the Contractor or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their
obligations under the California Labor Code. The Contractor or subcontractor shall pay the
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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 Contractor is not liable
for any penalties therefore unless the Contractor had knowledge of that failure or unless the
Contractor fails to comply with all of the following requirements:
1. The contract executed between the Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 sent directly to the Labor Commissioner, and available for inspection by the Owner and its
authorized representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be
available for inspection in accordance with California Labor Code Section 1776.
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D. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the
Contractor 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 Contractor 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 Contractor 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.
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Attachment 13
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT WITH
LYNX TECHNOLOGIES, INC. FOR GIS CONSULTING SERVICES
WHEREAS, on June 1, 2021, the City Council adopted Resolution No. 53-21 approving an
Agreement with Lynx Technologies, Inc. for geographic information systems (GIS) consulting
services; and
WHEREAS, on April 18, 2023, the City Council adopted Resolution No. 30-23 approving
Amendment #1 with Lynx Technologies, Inc. to increase the not -to -exceed compensation amount
to $357,000 and modify the scope of work and compensation schedule; and
WHEREAS, the City and Consultant mutually desire to amend the Agreement to extend
the term and increase the compensation amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
herby approve Amendment #2 with Lynx Technologies, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non -
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 106
DocuSign Envelope ID: 64027860-1 ED2-40BD-91 D0-05387ECEB2B1
Attachment 14
AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND LYNX TECHNOLOGIES, INC.
FOR GIS CONSULTING SERVICES
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Lynx Technologies, Inc. (hereinafter referred to as " CONSULTANT ") entered
into a Consulting Services Agreement for GIS Consulting services (hereinafter referred to
as the "AGREEMENT"); and
WHEREAS, on April 18, 2023, the City Council adopted Resolution 30-23
approving Amendment No. 1 to the Consulting Services Agreement for GIS Consulting
Services; and
WHEREAS, the existing AGREEMENT is set to expire on June 30, 2024; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to
increase the not -to -exceed compensation amount to $467,000 by modifying Section 2 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 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30. 2026, 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.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $467,000, notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and
Consultant's proposal, attached as Exhibit A, regarding the amount of compensation,
the Agreement shall prevail. City shall pay Consultant for services rendered pursuant
Page 1 of 3
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DocuSign Envelope ID: 64027860-1 ED2-40BD-91 D0-05387ECEB2B1
to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in
the manner specified herein. Except as specifically authorized by City in writing,
Consultant shall not bill City for duplicate services performed by more than one person.
3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
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 THE FOLLOWING PAGE
Page 2 of 3
108
DocuSign Envelope ID: 64027860-1 ED2-40BD-91 D0-05387ECEB2B1
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN LYNX TECHNOLOGIES, INC.
DocuSigned by:
By: By: 172afv'i 1 ,(W
Linda Smith, City Manager PafnCy elleher, CEO
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Page 3 of 3
109
Attachment 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
LYNX TECHNOLOGIES, INC.
FOR
GIS CONSULTING SERVICES
THIS AGREEMENT for GIS consulting services is made by and between the City of Dublin ("City")
and Lynx Technologies, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of July 1,
2021 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024 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 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
1.5 [Intentionally Deleted'
1.6 'Intentionally Deleted'
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Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed for the
proposed three-year term allows for a total not -to -exceed amount of $232,000, notwithstanding any
contrary indications that may be contained in Contractor's proposal, for services to be performed and
reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and
Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City
to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill
City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
■ A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
■ A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
■ The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
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■ 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 !Intentionally Deleted"
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 [Intentionally Deleted"
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.
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers' Compensation Insurance and Employer's Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In 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:
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a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
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.
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d. For any claims related to this Agreement or the work hereunder, the
Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals' errors and
omissions. Any deductible or self -insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
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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 A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
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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. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no 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.
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7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant's failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
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,
Consulting Services Agreement between City of Dublin and
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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.
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.
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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
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 Severabilitv. 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.
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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
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City's sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant's economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
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10.10 Notices. Any written notice to Consultant shall be sent to:
Patrick Kelleher
1350 41 st Ave, Suite 202
Capitola, CA 95010
Patrickk anlvnxgis.com
Any written notice to City shall be sent to:
City of Dublin
Att: Tim Eisler
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, and B represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A
Exhibit B
Scope of Services
Compensation Schedule & Reimbursable Expenses
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
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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
ned by:
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Linda Smith, City Manager
Attest: c—J1I1//D1I1oc1A�
uSSig�ned/by�:
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Marsha Moore, City Clerk
Approved as to Form:
1-DocuSigned by:
,jars, 6sLap far
\--SFf)7F38973f1r484
City Attorney
3070368.1
LYNX TECHNOLOGIES, INC.
-DocuSigned by:
PAirtk 4ol(Juv
'3F32219F7f1RA4RR
Patrick Kelleher, CEO
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EXHIBIT A
SCOPE OF SERVICES
[Please see attached proposal]
Consulting Services Agreement between City of Dublin and Last revised May 25, 2021
Lynx Technologies, Inc. for GIS Consulting Services Exhibit A — Page 1 of 1
124
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
[Please see attached proposal]
Consulting Services Agreement between City of Dublin and Last revised May 25, 2021
Lynx Technologies, Inc. for GIS Consulting Services Exhibit B — Page 1 of 1
125
EXHIBIT C
INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,
elected officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the
services called for or its failure to comply with any of its obligations contained in this Agreement, except
such Liability caused by the sole negligence or willful misconduct of City.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's
inability to evaluate Liability or because the Consultant evaluates Liability and determines that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any
claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense
and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the
City, may be retained by the City until disposition has been made of the claim or suit for damages, or until
the Consultant accepts or rejects the tender of defense, whichever occurs first.
Consulting Services Agreement between City of Dublin and Last revised May 25, 2021
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EXHIBIT A
SCOPE OF SERVICES
GIS Professional Services July 2021 through June 2024
Services will be performed as directed by the Information Systems Manager at the City of Dublin.
This agreement will provide ongoing support and further development of the City's Geographical Information
System (GIS). Two Lynx staff will be dedicated to the City's GIS for up to 1,000 hours annually. Staff will conduct
work both on and off site as required. Services are provided on a time and materials basis.
The tasks will vary but may involve any of the roles listed or related below:
• ArcGIS Enterprise / Geocortex Essentials design, implementation and maintenance,
• Database management, and administration, including design and documentation
• Web development within the ArcGIS Enterprise/Geocortex Essentials framework.
• Web development within the ArcGIS Online framework, this includes site management, user
management and App development using Web App Builder, Field Apps, and Survey123
• Base feature layer maintenance including parcels, streets, addresses, roadway, tract, and boundary
changes, including associated tables and annotation. These feature layers are maintained on a 30-day
cycle and coordinated with adjacent cities and the county.
• Data maintenance of other layers within the GIS such as utility networks, planning and engineering
overlays. These feature layers are updated as -needed,
• Trak-IT Management, IT's Helpdesk will be monitored on a daily basis, Lynx will respond to the City's
request within 24 hours of new GIS-related tickets. Work will be assigned and processed accordingly,
tickets will be completed (hours, results, status) and closed,
• Onsite work to collect and capture data. For example, staff could be assigned to go through
engineering data to infill missing data, or there may be a special project that city staff requires a GIS
technician in which significant interaction is required. Scanning to Laserfiche is another option onsite
task that may be required as -needed.
• Field work as required, this may include field inspection such as sidewalk surveys or current land use, or
high precision GPS capture of city assets.
• Ad hoc GIS analysis and presentations,
Project assignments will proceed with an estimate of required hours; a detailed scope of work will be provided
for unusual or one-time projects. A simple email exchange of hours and approval is all that will be required for
maintenance work.
Consulting Services Agreement Page 1 of 2
127
EXHIBIT B
COMPENSATION SCHEDULE
The total budget will not exceed $232,000.
All work will be billed on a time and materials basis according to the following rate schedule over the
next three years:
Rate
Total Not to Exceed
Hours Amount
2021/2022
$75
1000
$75,000
2022/2023 $77 1000 $77,000
2023/2024 $80 1000 $80,000
Consulting Services Agreement Page 1 of 2
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GIS Maintenance & General GIS Consulting Services
CALIFORNIA
Respectfully Submitted to:
Mr. Tim Eisler
Information Systems Manager
100 Civic Plaza
Dublin, CA 94568
tim.eisler@dublin.ca.gov
Lynx Technologies, Inc.
Response to: City of Dublin RFQ-GIS11921
Prepared by:
Patrick C. Kelleher, CEO
patrickk@lynxgis.com
(408) 482-3255
Lynx Technologies
1350 41st Ave, Suite 202
Capitola, CA 95010
FEBRUARY 8, 2129
DUBLIN
CALIFORNIA
THE NEW
►AMERICAN
BACKYARD
TABLE OF CONTENTS
Cover Letter Page 2
Statement of Understanding Page 3
Qualifications and Experience Page 5
Relevant Experience Summary Page 10
References Page 11
Key Staff Page 17
Project Approach Page 22
Cost Schedule Page 30
Schedule Page 34
Confirmation of City Requirements Page 34
Appendix A Page 35
CITY of DUBLIN GIS SERVICES
130
Cover Letter
February 8, 2021
Mr. Tim Eisler
Information Systems Manager
City of Dublin
Information Technology Department / GIS Division
100 Civic Plaza
Dublin, California 94568
Subject: GIS Maintenance & Geographic Information System Consulting Services
Dear Mr. Eisler:
Thank you for this opportunity to submit our proposal to provide geographic information system
consulting services to the City of Dublin (City). For over two decades, Lynx Technologies has successfully
provided GIS planning, implementation, and operations services to the Tri-Valley area and we are keenly
aware of the GIS initiatives throughout the region. Lynx Technologies has many service engagements
throughout Alameda County, including an integral component of the County's core base feature layer
development. These relationships, along with our understanding of the region, will be beneficial to the
City in its collaboration with other agencies.
Our proposed team consists of senior professionals who are experts in GIS and municipal business
functions and in efficiently performing task order -based services. We have a unique combination of
technical and subject matter expertise, available resources, and project management and
communication skills.
Our approach will engage and apply GIS and best business practices, and tailor them to address the
City's unique requirements and constraints. Our team will apply a methodology structured to evaluate
each key component of the GIS program and make recommendations based on their analysis of what
works best for the City.
We look forward to discussing our qualifications with you further. I will serve as the primary point of
contact to answer any questions and I am authorized to obligate and negotiate the contract on behalf of
Lynx Technologies.
Ms. Lynda Anastacio, will serve as technical manager. If we are awarded the contract, our team is
committed to working with the City for the duration of the project. I may be reached at (408) 482-3255
or patrickk@lynxgis.com.
Sincerely,
Patrick Kelleher, President
Lynx Technologies
Digitally signed by Patrick Kelleher
DN: cn=Patrick Kelleher, o=Lynx Technologies,
ou=Lynx, email=patrickk@lynxgis.com, c=US
Date: 2021.02.05 13:42:12-08'00'
CITY OF DUBLIN GIS SERVICES
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Statement of Understanding
The City of Dublin is seeking a professional GIS services firm to perform ongoing maintenance,
development and enrichment of the City's Enterprise Geographic Information System (GIS). Lynx
Technologies is pleased to have the opportunity to present our credentials and to demonstrate the case
for selecting our company. We have the depth of resources and 60+years of combined experience to
assign the appropriate staffing to meet each assignment and fully address all services requested by the
City. Moreover, we have worked as a team for nearly 20 years and we understand each other's
strengths. Our cost is based on projects our team has performed while working for the City on past
projects as well as work we are conducting elsewhere on similar engagements.
Three initiatives are outlined in the RFQ:
• Ongoing GIS Maintenance of the City's core spatial asset data
• ArcGIS Enterprise System Assessment and Design
• Maintain and enhance the City's current Web -Based GIS Environment: ArcGIS Enterprise,
Geocortex Essentials, ArcGIS Online (AGOL). This includes integration with other critical
business systems in use by the City such as, Laserfiche, Dude Solutions, HDL, Business
License, etc.
Lynx Technologies, Inc. (Lynx) meets all of the requirements set forth in Considerations section of the
RFQ:
• All work is conducted locally, Lynx does not outsource its services and never has.
• Lynx has a long-standing working relationship within Alameda County, the Tri-Valley area and
the City of Dublin specifically. Indeed, our relationship within Alameda County spans every City,
and spans over twenty (20) years,
• Lynx has current, ongoing contracts with all of the agencies in the region including: The cities of
Livermore and Pleasanton, Alameda County Zone 7 Water Agency (Zone 7), Livermore -
Pleasanton Fire Department (LPFD), and the Alameda County Regional Emergency
Communications Center (ACRECC), and the Alameda County Sheriff's Office (ALSO). Most of
these contracts have as similar histories.
• Lynx participated in the original Tri-Valley consortium and continue to foster mutual data
sharing and cooperative ventures. We are currently working with the City's partner agencies on
the Storm Water Permitting application, and working to get a tri-valley group for a shared
Homeless Encampment app and repository. We regularly share core feature layer data
particularly on an ad hoc basis.
• Lynx has extensive experience with Latitude Geographics' suite of web development products:
Geocortex Essentials, Workflow and Report Builder. We have been working with Geocortex
since 2012 and have built sites for about 20 agencies throughout the SF Bay area.
• Lynx has extensive experience with the full ESRI ArcGIS Enterprise suite and are fully engaged
with its development and paradigm shift towards Open Data, and open platform -based GIS, i.e.
GIS in the cloud, access to GIS for non-GIS people, and analytical tools for the organization. Lynx
has built several ArcGIS Enterprise configurations for smaller agencies (Tier 3-5), a number of
CITY OF DUBLIN GIS SERVICES
132
ArcGIS Online apps using existing template libraries. We have also helped agencies set up their
own AGOL organizational accounts and start to build their own libraries of maps and apps.
• The partnership between the City of Dublin and Lynx is mission critical. This is a core premise for
Lynx and we take it very seriously. Our past experience working directly with the IT Manager/GIS
Coordinator and other subject matter experts will continue; the IT Manager will have direct
access to the Principal, Project Manager and Technicians at Lynx.
• Onsite services is a part of many of our contracts to augment City's GIS staffing needs. We plan
to have one (1) staff member onsite one (1) day per week to manage Helpdesk tickets and to
work directly with subject matter experts for ad hoc projects. For specific projects our
technicians can be available onsite for short term engagements. The Principal will be available to
report to the IT Manager on a bi-weekly basis to set priorities and discuss any issues that arise.
• Lynx is a registered Silver Business Partner with ESRI and we've begun a good working
relationship with the Solutions Engineers based in Sacramento. They have extended offers to
help Lynx in any way possible and will reach out to them as required.
• Lynx has an open approach to find GIS solutions and soliciting outside help where it is
appropriate; our governing philosophy is to define the problem first and then combine
resources to derive the right solution.
CITY OF DUBLIN GIS SERVICES
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Qualifications and Experience
Local experience
One of Lynx Technologies' core competencies is to design, develop and manage spatial data. We have
been in business for 30 years and have helped develop GIS data for hundreds of Cities throughout
California. As a local firm, we have worked for nearly every city within the nine counties comprising the
San Francisco Bay area, and Alameda County is no exception. Indeed, we built the initial landbase for
Alameda County including parcels, streets and address points and we continue to maintain the streets
and address layers under agreements with the County Sheriff and Fire Dispatch agencies. We also
helped craft the MOU that the governs the data sharing agreement for these data countywide. We've
worked for every city in Alameda County except Berkeley, many in collaboration with other GIS
consulting firms. We serve as the GIS consultants, augmenting City staff for the cities of Emeryville and
Albany and manage their data, collaboratively employing multiple platforms including ArcGIS Enterprise,
ArcGIS Online (AGOL) and Geocortex Essentials.
The Livermore-Amador Valley is a Lynx core site and we have long standing agreements with these
agencies:
• City of Livermore (1996 to present)
• City of Pleasanton (2003 to present)
• City of Dublin (2016—July 2020)
• Alameda County Water Agency, Zone 7 (2017 to present)
• Alameda County Sheriff (2005 to present)
• Livermore -Pleasanton Fire Department (1996 to present)
• Alameda County Regional Emergency Communications Center (2019-2023)
We were also part of the initial development of the Tri-Valley Consortium and with our extensive
understanding of the people and data that comprise this GIS network, we continue to foster data
design, sharing and ongoing developments of the region's GIS systems.
Ongoing support, staff augmentation, and on- and off -site maintenance is an extension of our data
management expertise. Up until the pandemic, Lynx had four staff members providing onsite support
for over a dozen agencies including 60% FTE for one staff at Alameda County Public Works, and 40% FTE
at the City of Livermore. Even during the pandemic era, we have established secure remote access to all
our clients through various media platforms. However, we miss the collegial problem -solving
environment that onsite support provides and look forward to continue offering this service once the
country has control over the pandemic.
Many of the data layers for our ongoing management services require either quick -turnaround times, or
need constant attention and regular updates. For example, we routinely have requests from community
development staff that need a GIS map or some spatial analysis for a report, citizen request, or a
request from management or city council that requires a 1-2-day turnround. City staff will work directly
with our staff to develop the products they need. Lynx staff is also well -practiced at 30-day routine
maintenance schedules; indeed, this is our standard approach to maintaining parcel, street, address and
utility data sets.
CITY OF DUBLIN GIS SERVICES
134
Data Conversion Service, -
Data conversion services is the foundation of Lynx Technologies
and goes back to our early AutoCAD mapping in 1986. We have
converted all forms of feature data including complete
countywide parcels for Santa Cruz, San Mateo, San Benito,
Monterey and Alameda Counties, as well as utility
infrastructure for nearly every city in the San Francisco Bay
Area. We have also migrated tens of agencies from legacy
environments into ESRI based geodatabases. All forms of conversion services are included in our resume
from high precision coordinate geometry (COGO), heads -up trace digitizing, raster -to -vector and vector -
to -vector conversion, and field GPS data collection methods. In 2017 we completed a project for the City
of Los Angeles to digitize the street trees, sidewalk, driveway, landscape and curb and gutter from high
resolution digital orthophotography. This project involved 19 staff, was completed in 13 months and
spanned 11,000 miles of streets,
System Design Services
Lynx Technologies has worked with local government agencies helping
to develop and implement GIS Enterprise geodatabases for over 30
years. Our experience ranges from working with smaller communities
such as Los Gatos, Menlo Park and Portola Valley to our largest project,
completed in 2014, comprised 62 public safety agencies covering all of
San Diego County. The design process includes local GIS analysts and
operational stakeholders from a variety of disciplines to build an
Enterprise GIS to support nearly a dozen business systems.
wea
SuetymassMan
We use ESRI's Local Government Information Model (LGIM) as an authoritative source and augment this
schema with local subject matter expertise. We also reference regional models wherever available, and
ESRI's ArcGIS Solutions to include forward -thinking schemas that may be useful in future applications.
We have current engagements with the City of Milpitas to implement a data model for Sewer, Storm
Water, Traffic Signals and Signal Interconnect systems; these designs started with ESRI's LGIM and
progressed to include the City's Traffic Engineer, Systems Operation manger, GIS Staff and Public Works
maintenance operations. A similar engagement is underway with staff at the Alameda County Zone 7
Water Agency.
We have also engaged ESRI Consulting Services team to advise us regarding hardware system
architecture including on premise and cloud services. Our process always integrates stakeholder
interviews to define the database requirements regardless of the size of the organization. We also help
many cities migrate older GIS systems into ESRI Geodatabases employing the newest technologies
offered by ESRI and Microsoft.
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GIS Web Development
41!,
Partner since 2000. Lynx Technologies has been providing Web
"°" Development services to small cities since 2003. We started with
A Autodesk's MapGuide 6.0 and Adobe's ColdFusion, and this
primarily client -side development framework offered excellent
oo's, Geocortex advantages of server -side development became the new
„owparadigm, Lynx eagerly adopted ESRI's ArcGIS Server. In 2013 we
added Latitude Geographic's Geocortex Essentials software that extends the ArcGIS Server platform to
allow rapid development of highly configurable client web sites. Numerous near out -of -the -box
functions save hundreds of programming hours and allow us to provide clients with the functionality,
look and feel of the popular ArcGIS desktop experience with the ease of web -based applications.
Currently we manage, maintain and develop sites for the following cities:
Lynx Technologies has been an ESRI Registered Silver Business
performance. However, the industry evolved quickly and the
• Albany ▪ Los Gatos
• Campbell • Menlo Park
• Emeryville • Pleasanton
• Gilroy • San Benito County
• Livermore . Saratoga
• Los Altos Hills
ArcGIS Online, ArcGIS Portal and Web -Based Field Applications is a growing portion of our business and
many cities are looking to either augment their Enterprise GIS solution to include these tools or migrate
to them. Indeed, ArcGIS Solutions offer a full range of disciplines and out -of -the -box templates to
implement across the city's GIS inventory. Lynx has developed Operational Dashboards, Web
Applications, Story Maps, and Field Map/Collector applications for various cities over the last four years.
We have configured an ArcGIS Enterprise Portal Base Deployment for San Benito County and are poised
to develop systems for the City of Livermore and the Alameda County Water Agency.
Integration
Lynx Technologies has collaborated with many different development environments
and worked on many projects to integrate GIS with various business systems.
r These include land development software from Accela, Tyler Technologies'
.�.,•. Energov, Central Squares Trackit, and MGO, plus the popular older systems
Permits Plus, and Tidemark. This year we will be working with the City of Gilroy to
Lct launch their Energov system integrated with ArcGIS Portal and the City of
Saratoga's Central Square Landtrak system; the City of Campbell has Lynx developing
an AGOL application for public access to their My Government Online (MGO) permitting system. Los
Gatos' Accela system is synchronized with our hosted environment nightly so that internal users can
access permit status via Geocortex Essentials, and similarly San Bruno's Community Development staff
use their on -premise Central Square/Geocortex Essentials environment to access real-time permit
conditions.
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CMMS application experience includes working with the popular vendors: Cartegraph, MaintStar, and
Cityworks, and the less common NexGen and iWorQ. In San Bruno we maintain the GIS/MaintStar
databases and provide support for public works staff. In Campbell we are transitioning street light
maintenance staff from a non -spatial iWorQ environment to an integrated Geocortex/iWorQ platform in
which staff use Geocortex to edit and maintain the spatial data and iWorQ to generate work orders.
We also have experience integrating the document imaging systems from Digital Reel from BMI,
Application Extender, Laserfiche and OnBase from Hyland. Currently we working with the City of San
Mateo Public Works division to develop the system specification and GIS requirements for Laserfiche,
and an implementation and GIS integration project for the City of San Bruno's OnBase/Geocortex
platforms.
Lynx also has extensive experience with many public safety CAD products including Tiburon, Tritech,
Sunridge, New World, Intergraph and Spillman/Motorola. We currently manage the GIS support for
CAD/RMS for the cities of Livermore, Emeryville, Campbell, Sunnyvale, Los Gatos / Monte Sereno and
Gilroy.
Field Survey / GPS Data Collection Services
We have been contracted by numerous agencies to collect data using GPS and traditional field mapping
techniques. Lynx maintains GPS data collectors and post processing software from Trimble and Leica
(RX1200). Our devices span different degrees of horizontal and vertical accuracy from GIS quality to
survey grade. Some of our past projects include:
• City of Albany Traffic and Street Sign Update, Collector/AGOL App
• City of Gilroy Fire Hydrant Inventory, Survey -grade GPS
• City of Carlsbad Sign Project —30,000 signs, GIS-grade GPS
• City of Albany Tree Project, Field Mapping with Arborist
• City of Piedmont Sanitary Sewer Collection, survey grade GPS
• City of Mountain View Water, Storm, and Sewer Upgrade, survey grade GPS
• Town of Los Gatos Address Verification Project, field mapping
• Sunnyslope Water District Mapping, survey grade GPS
• City of Sonoma Stormwater Outfall Project, field mapping and GPS
• City of Sonoma Street Signs Project, GIS-grade GPS
Maintenance ano support Services
One of our core competencies, Lynx Technologies has helped maintain GIS systems for over 20 years in
varying capacities from full-time onsite staff to as -needed GIS services. We currently have support
agreements with over a dozen agencies throughout the San Francisco Bay Area (More detail is provided
in the next section of our submittal). While our focus is small to medium sized agencies, we have also
maintained large organizations such as the San Diego County Public Safety Consortium (2008 — 2014).
We have many tools to help support our offsite staff and City staff including: VPN/RDC connections,
Lync, Team Viewer and Zoom WebEx sessions, and Replication and Synchronization of GIS databases in
both connected and disconnected environments.
CITY OF DUBLIN GIS SERVICES
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Training and Documentation
Lynx Technologies has a long history providing training agencies in ArcGIS. We have also begun training
programs for ArcGIS Pro, particularly to help transition from ArcGIS Desktop.
Classes and curricula are often set as part of larger project. For example, the San Benito County
Assessor's Office has recently expressed its commitment to engage Lynx to migrate from AutoCAD to
ArcGIS; this project will include over 40 hours of ArcGIS Pro training to enable the assessor's office to
maintain and publish their map pages in the GIS Enterprise. Our San Diego County Public Safety Project
is another example in which we trained approximately 50 firefighters and engineers to develop pre -fire
plans. This engagement included 4 days of training and a training manual.
In many of our ongoing engagements, we typically develop How To documents for specific tasks. For
example, "How to Perform a Spatial Query of All Parcels that are in the Flood Plain", and "How to Do a
Public Notice, both using Geocortex Essentials.
knowledge transfer is part of our commitment to ensure that the project is successful.
CITY OF DUBLIN GIS SERVICES
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CITY OF DUBLIN GIS SERVICES
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References
Name of Customer:
City of Livermore
Customer Address:
1052 South Livermore Ave
Livermore, CA 94550
Type of Project:
GIS Professional Services
Customer Contact:
Ms. Lorraine Purcell
Customer Phone Number:
925-960-4555
Customer Email:
Iwpurcell@cityoflivermore.net
GIS Specialist
What was the period of performance?
Current contract period:
From: 6/11/2019
To: 6/11/2021
Value of Contract: $375,000
Project Description:
A comprehensive, multi -phase GIS Professional Services contract, that spans 20 years. Approximately 300
database objects are present to support the business of approximately 10 divisions within the City; most
of these data sets were developed by Lynx. The current 2-year contract covers several broad areas:
• Database design, implementation, and administration
• Web application development
• Ad hoc development (e.g. ArcGIS for AutoCAD for Engineering)
• ArcGIS Online
• Maintenance Onsite and Offsite
The City Enterprise GIS system is an integrated set of applications including: ESRI's ArcGIS Enterprise,
Microsoft's MSSQL Server 2012, and Latitude Geographics' Geocortex Essentials. Autodesk's AutoCAD
(Map and Civil) is also supported for the Engineering department. Several critical business applications
are integrated with the GIS including Accela's Civic Plus for Community Development, Accela's CMMS for
Public Works, NexGEN CMMS for the Water Resources Division, the City's document management
solutions (Laserfiche and Digital Reel), and Sun Ridge System's RIMS CAD for the Police Dept. Web
development and maintenance spans several sites for both internal and external users. Customization is
user -driven and constantly developing richer content; development environments include Geocortex
Essentials Workflow (4 and 5), Report Designer (4 & 5), and Python. Web based development has
expanded to integrate ArcGIS Online and several applications are deployed for the EOC, Water Resources
and Community Development. Maintenance support includes all departments and is based on a 30-day
cycle. Maintenance includes onsite support for 2 days per week. 2019 projects include: ArcGIS Portal
development, automation for synchronization, and Pipelogix integration.
CITY OF DUBLIN GIS SERVICES
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Name of Customer:
Town of Los Gatos
Customer Address:
110 East Main Street
Los Gatos, CA 95030
Type of Project:
GIS Professional Services
Customer Contact:
Mr. Chris Gjerde
Information Systems Manager
Customer Phone Number:
408-354-6814
Customer Email:
cgjerde@losgatosca.gov
What was the period of performance?
Current contract period:
From: 7/1/2018
To: 6/30/2021
Value of Contract: $46,000
Project Description:
GIS Professional Services contract renewed annually, since 2002. The Town has no in-house GIS staff and
Lynx conducts all maintenance and hosting services, including onsite and offsite staffing. The Town
maintains 3 Desktop licenses shared by 3-4 Community Development and Engineering staff and a replica
of the ArcSDE database is maintained through ESRI's synchronization toolset via XML file exchanges
monthly. Lynx Technologies developed the landbase (2002) using coordinate geometry (COGO); overall
accuracy of 1.5 feet is maintained throughout the City. Spatial -tabular relations are maintained for
assessor's secured and property characteristics via agreements with the County and updated weekly. A
Master Address Database was developed and maintained in GIS. In 2007 Lynx conducted a field survey of
the entire Town to verify all situs addresses including business suites and apartment units that is
continually updated. Maintenance is based on a 30-day cycle and includes onsite support 2 days per
month, and 1 day per month for the Town's Tiburon CAD system.
GIS is visualized through several sites developed on ArcGIS Enterprise and Geocortex Essentials, custom
development is ongoing. Integration with Accela (on premise) is accomplished via automated nightly
backup and restore procedures and staff can view and analyze active and historical permits and code
enforcement cases. Integration has also been implemented with the Town's Laserfiche document imaging
and Cartegraph CMMS applications; Cartegraph's is a two-way synchronization for the Town's street sign
and street light inventory. Lynx implemented several custom applications -based Essentials WF toolset for
public noticing and map update processing (MURF), and to enable staff to edit their own discrete data
such as the police department's CERT, NROP, and On -Watch Camera programs, and Community
Development's Current Projects site, integrated with Civic Plus' Document Library.
In August 2019 will convert the annual contract to a 5-year agreement, based on the following narrative,
"Per the Town's Purchasing Policy professional services selection guidelines, the Community Development and Information Technology
departments continue to select Lynx as the most qualified provider of GIS consulting services based on their demonstrated competence and
qualifications. If the Town were to begin a new GIS consulting contract with a different consultant it would be incredibly disruptive to the years
of the Town's progress with Lynx and the Town would lose Lynx's vast institutional knowledge of its various computer systems."
CITY OF DUBLIN GIS SERVICES
141
Name of Customer:
City of Campbell
Customer Address:
70 North First Street
Campbell, CA 95008
Type of Project:
GIS Professional Services
Customer Contact:
Mr. Cecil Lawson
Information Systems Manager
Customer Phone Number:
408-866-2753
Customer Email:
cecill@cityofcampbell.com
What was the period of performance?
Current contract period:
From: 1/1/2017
To: 6/30/2021
Value of Contract: $95,000
Project Description:
GIS Professional Services contract. Started in 2017 with a $30,000 grant funded task to help the police
department implement their Tritech CAD System and provide ongoing maintenance. This project evolved
dramatically and now includes an on -premise environment including ArcGIS Pro / ArcGIS Server / Tritech
Web tools. We maintain the GIS data: street, address point and common place, and provide onsite
support monthly to update the CAD, RMS, and Mobile mapping environments.
In 2018 the City signed an agreement with Lynx Technologies for GIS Professional Services and the
contract is managed through the IT Department. The City does not have GIS Staffing although a few
planning, engineering and public works staff have experience with GIS; GIS data was distributed in file -
based formats (shape files, personal geodatabases and AutoCAD drawings). Most GIS interaction had
been through GIS Web Site hosted by Santa Clara County and the City wanted to move away from the
environment to be able to provide more functionality.
Lynx migrated all file -based data into a centralized ArcSDE/SQL Server database that we currently host.
Maintenance of core data sets: parcels, assessor, streets, address point is maintained on a 30-day cycle.
Over the 2019 fiscal year Lynx will work with City staff to develop standard best -management practices to
re -design the database using the ESRI Local Government Information Model as a guide. After this is
accomplished the database will be replicated on the City's server to allow city staff to maintain subject
data as required.
Lynx developed the current Geocortex/ArcGIS Server site for internal users. Editing tools were developed
to allow city staff to maintain many discrete data sets such as City Benchmarks, Street Lights, Street
Moratorium, and Storm Drain system via the internal Geocortex site. Integration with My Government
Online (MGO), the City's new Permit Tracking System, is under development. Lynx developed the City's
Annual Garage Sale application to allow the public to enter their garage sale online and to create their
own 'route' to filter by Sale Items and plot a map/report. Lynx released the public facing Geocortex site
that is under review.
CITY OF DUBLIN GIS SERVICES
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Name of Customer:
City of Los Angeles
Customer Address:
200 N. Main Street, Suite 1500
Los Angeles, CA 90012
Type of Project:
GIS Professional Services
Customer Contact:
Mr. Gregg Vandergriff, PE
Assistant Division Engineer
Customer Phone Number:
213 482-0366
Customer Email:
greg.vandergriff@lacity.org
What was the period of performance?
Current contract period:
From: 1/1/2017
To: 1 /1 /2018
Value of Contract: $1.3 million
Project Description:
The City of Los Angeles Bureau of Engineering is the lead agency for the City's 30-year, $1.4 billion
program to repair sidewalks across Los Angeles and make sidewalks more accessible. One of the first
steps in the program was to develop an inventory of sidewalks for the 11,000 miles of streets. Psomas
was selected by HDR with Lynx as the prime GIS data conversion company to develop a database
mapping all sidewalks, trees, curb ramps, driveways, curbs, and parkways within the public right-of-way.
As a subcontractor to HDR, Lynx completed the mapping within 15 months from project kick-off. The final
GIS represented over 3 million features. The project began with a pilot to develop and document
mapping standards to assure the City's information needs were met and the completed GIS database
represents a consistent interpretation of the City's diversity of sidewalk configurations. For example, the
configuration of sidewalks, driveways, and curbs are laid out differently in commercial, modern
residential, older residential, and hillside developments. The written standards provided guidance for
mapping and the standard for evaluating quality.
Lynx implemented a rigorous quality management process using statistical data validation and visual
inspection. The resulting City-wide database complied 100% with 32 specific quality tests and well over
98% accurate results of visual inspection.
Lynx deployed an online GIS Viewer that facilitated the City review and markup of each of 10 mapping
modules. This online review approach reduced the review cycle to help achieve the aggressive project
schedule. Each error or omission identified by the City was corrected by Lynx.
In addition to mapping sidewalks and related features, Lynx mapped all trees within the public right-of-
way. The trees mapped from LARIAC aerial photos were then matched to a 20-year-old tree inventory
database.
CITY OF DUBLIN GIS SERVICES
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Name of Customer:
Alameda County Zone 7 Water Agency
Customer Address:
100 North Canyons Parkway
Livermore, CA 94551
Type of Project:
GIS Professional Services
Customer Contact:
Mr. Tom Rooze
Associate Hydrogeologist
Customer Phone Number:
925 699-3638
Customer Email:
trooze@zone7water.com
What was the period of performance?
Current contract period:
From: 5/1/2017
To: 6/30/2021
Value of Contract: $42,000
Project Description:
The agency has recognized that new GIS tools, platforms, and environments are available. The projects
primary goal is to allow everyone access to the GIS in some form, managers, support staff, and the public,
without formal GIS training or prior experience. Lynx was selected to help implement this vision,
modernize the GIS program, and support GIS operations for all divisions within organization:
Groundwater, Flood Control, Engineering, and Integrated Planning.
The project has several components:
• Needs assessment
• System Architecture
• Database Design, Centralization and Migration
• Project -Based Implementation
• Standardization, Documentation and Knowledge Transfer
The needs assessment was completed in 2018 in which we interviewed over 25 stakeholders and
identified over 50 projects that are prioritized. Also, in 2018 Zone 7 entered into an EA licensing
arrangement with ESRI which provides access to the full Enterprise suite of products. Our team has
developed a preliminary staging architecture based on a two -machine deployment of ArcGIS Server, MS
SQL Server, Desktop (ArcMap and ArcGIS Pro) and ArcGIS Online. Several web apps have been deployed
for field data collection using the Collector and Survey123 apps; many more web maps and apps are
deployed for different divisions including an operational dashboard for Water Conservation, an
organizational Project Tracking application, a Citizen Request app that integrates with MS Office, and a
Flood Control project app. Database design and migration are working in parallel; all data is being
migrated into SQL/SDE into a staging environment with documentation for each feature class. Integration
with several critical business systems is currently underway including 2 groundwater water modeling
databases and several custom applications.
CITY OF DUBLIN GIS SERVICES
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Name of Customer:
City of Pleasanton
Customer Address:
123 Main Street
Pleasanton, CA 94566
Type of Project:
GIS Professional Services
Customer Contact:
Mr. William Wang
Customer Phone Number:
925-931-5077
Customer Email:
wwang@cityofpleasantonca.gov
GIS Coordinator
What was the period of performance?
Current contract period:
From: 7/1/2020
To: 6/30/2021
Value of Contract: $60,000
Project Description:
Lynx has worked for the City of Pleasanton since approximately 2003. We digitized the original
Water, Sewer and Storm Drain utility systems from thousands of design drawings, field work and
collaboration with GIS and Operations staff. Lynx was also engaged to migrate the parcel and
planimetric data from the original GenaMap platform to the current ESRI ArcGIS environment, and
adjusted all data to high resolution digital orthophotography. Over the years, we have been asked to
add additional content to their Enterprise GIS.
Over the last 10 years, the City has continued its contract with Lynx on a yearly basis to augment GIS
staffing requirements. Currently we have one staff member dedicated to maintaining the City's
parcels, utility systems, street lights curb ramp, tract, Accela APO data as well as many ad hoc
requests. These data sets are synchronized with City's system on a 30-day basis.
Lynx is also under contract with the Alameda County Sheriff's Office and the Alameda County Fire
Dispatch Center to maintain street centerline and address point data for all of Alameda County.
These 3- and 5-year contracts allow us to share the data with all members of the Tri-valley area.
Over the past 2 years Lynx has added support for the City's Geocortex Essentials GIS system. We are
tasked to help with workflow development, site normalization and improvement through user
engagement. We have spent the last several months developing an enhanced public noticing
application that integrates a CAS certified database to validate existing mailing lists for general
mailing and the new 5G cell site requests.
CITY OF DUBLIN GIS SERVICES
145
Key Staff
As a small firm Lynx Technologies' staff is designed to adjust quickly to an ever -changing GIS space,
eliminate hierarchy, and enable staff to work directly with the client. The proposed staff structure
assigned to the City is illustrated in the figure below.
GIS Analyst
Il Stefanie Gee
ProjPatrickect Kelleher JJ
II Manager JI
Lynda Anastacio 1
Technical Manager
GIS Analyst
Frank Blom
Administrative
Support
I GIS Technician
Il Eric Dole
Three staff members planned for the term of the agreement are Patrick Kelleher, the company's
president, Lynda Anastacio, Lynx's project manager and Stefanie Gee for onsite technical work; Frank
Blom will act as back-up support for ad hoc offsite projects. All staff have been working with the City for
many years, have extensive experience with the data and work well with the City and its staff.
Lynda will be responsible for coordinating off -site task orders and monthly meetings with Tri-Valley
activities; indeed, she is already the lead when working on behalf of the cities of Livermore and
Pleasanton, the Livermore -Pleasanton Fire Department, coordination with ACRECC, and monthly
landbase deliverables to the County. Additional meetings may be required where her presence is
valuable.
Mr. Kelleher will work directly with the IT Manager on several different tasks:
• Geocortex Management and Development
• Integration with Other Business Systems
• ArcGIS Enterprise System Design
• Database Administration
Meetings will be held bi-weekly, generally for 1 hour at which point we will update project status, assess
current priorities and review project schedules. Additional meetings may be arranged to work with
subject matter experts for a particular project, data set or integration implementation.
Stefanie Gee will be our dedicated staff person to the City of Dublin. We are proposing one day per
week to handle Helpdesk traffic, and to work directly with the City on specific projects.
Additional staff is also available for longer term projects as required. Frank Blom has expertise in GPS
data collection, utility networks and has worked onsite for Alameda County Public Works for over four
years. Eric Dolle often works with Lynda on the countywide addresses, parcels and streets.
CITY OF DUBLIN GIS SERVICES
146
Patrick Kelleher I Lynx Technologies
GIS Administrator
EDUCATION
1986/MS/Geochemistry/University
of California, Santa Cruz
1983/BS/Biology and
Geology/University of California,
Santa Cruz
PROFESSIONAL
AFFILIATIONS
Bay Area Automated Mapping
Association (BAAMA)
Association of Monterey Bay Area
Governments (AMBAG)
EXPERIENCE
With Lynx for 30 years;
with other firms for 4 years
Mr. Kelleher started Lynx Technologies in 1991 and acts as the Chief Executive
Officer. He engages in all aspects of the company including management,
financial and technical issues. Mr. Kelleher provides oversight for the technical
managers and typically acts as project lead for large engagements. He also
provides on -site support for long-term clients, providing GIS expertise,
specializing in geodatabase design and administration, ArcGIS Server and
Geocortex Essentials.
Experience
City of Menlo Park GIS Administration, Web Development, Menlo Park,
CA: On -site consultant for the City's GIS program, a multi -year, multi -phase
project including GIS Enterprise design and development, web development,
and database administration. Strategic Plan completed in 2011. The current
system includes management of 3 city staff + 1-2 interns. Web Development
and integration with the City's permitting system is ongoing.
City of Livermore GIS Implementation, Livermore, CA: Management of three
off -site staff to conduct maintenance of the City's GIS data layers. Also provide
on -site support synchronizing updates, and providing ad hoc requests.
Currently engaged to provide web development using Geocortex Essentials
framework and integration services for the City's Accela Land Management,
Asset Management, Pipe Inspections, and BMI Document Imaging application.
Developed situational awareness damage assessment app for EOC using
Collector.
City of Gilroy GIS Implementation, Gilroy, CA: GIS Consultant for the City
of Gilroy including geodatabase and web hosting. Responsible for managing
initial conversion (2002-2007), 6 staff members, database design. Current
agreement (2012-2017) expands development, maintenance, and migration
to ArcGIS Server. Current projects include Tiburon/Tritech CAD upgrade,
coordination with Santa Clara County Assessor's Office, Implementation of
Cityworks Asset management, and providing field access to Public Works
operations staff. Coordinates with GIS Users and fields GIS functional
requirement; provides on -site training for City staff.
City of Los Angeles Sidewalk Asset Mapping, Los Angeles, CA: Project
Manager for Lynx under subcontract to Psomas. Designed and managed
mapping process to map sidewalks, parkways, driveway ramps, curbs and ADA
ramps for 11,000 miles of streets. Performed GIS data conversion and first
round of quality control. Managed production process including an initial pilot
project and monthly module deliverables over a 14-month period. Maintained
and achieved project schedule milestones throughout the project. Achieved
well over the 98% accuracy requirements.
CITY OF DUBLIN GIS SERVICES
147
Lynda Anastacio I Lynx Technologies
Technical Manager
EDUCATION
1973/Akron University, Akron OH
CERTIFICATION
2006/Intergraph/CAD 8.0.1-8.1.2
2004/Esri ArcGIS Certificate
2002/MS Access Certificate
PROFESSIONAL
AFFILIATIONS
Bay Area Automated Mapping
Association (BAAMA)
Association of Monterey Bay Area
Governments (AMBAG)
YEARS OF EXPERIENCE
With Lynx for 19 years
Ms. Anastacio started with Lynx Technologies in 1999 and is the technical manager
for the company. Lynda has managed teams ofup to eight GIS technicians
and subject matter professionals for dozens oflarge projects over the years. Her
particular expertise includes ArcGIS desktop, geodatabase management, network
analysis and management for all utility systems. Ms. Anastacio leads many long-
term maintenance agreements and manages 30-day cycle deliveries without
exception. She services many clients onsite for technical meetings.
Experience
Cities of Pleasanton, Livermore, and Dublin GIS Conversion/Maintenance:
One of the primary technicians that developed the initial utility infrastructure
(water, sewer, and storm) systems for both cities (1999-2010). Although these are
independent projects they developed in similar ways; all three agencies currently
work together, and Lynda currently serves as the technical manager and lead for
all of them. This includes coordination, on -site meeting, technical work, and
managing up to three Lynx staff. Also developed several ETL processes to manage
specific vendor requirements of GIS data supplied monthly.
City of Mountain View, Utilities Mapping, Mountain View, CA: Lead technician
and manager for this project. Project implemented over several phases: initial
conversion of 701 atlas maps, project manager for GPS field mapping, subsequent
rectification, utility mapping update project (750 CIP projects). 2014 project
developed analytical tools to test and correct address data set from outside
vendor. Current agreement to provide ongoing as -needed updates to basemap and
utility updates from CIP plans and AutoCAD dwg files following City design
specifications.
Alameda County Sheriff's Office, Alameda, CA: Maintains street and address
point data for Intergraph CAD system. Acts as lead and manages one other staff
person. System is countywide (400,000+ addresses, 120,000 road segments). 30-
day update cycle, project has been extended three times over 10 years. Developed
ETL processes to export geospatial data for CAD requirements.
City of Dublin Storm Drain System Conversion, Dublin, CA: Initial project
converted all Atlas maps from 200-scale mylars to ESRI geodatabase. Subsequent
projects include: 1) realignment to digital orthophotography; 2) update system
from CIP Project plans; and 3) design and implement network model and
reassign feature ID's using in-house system and network following routine. 2014-
2016 blanket contract to provide on -site and off -site GIS services.
Town of Los Gatos GIS Conversion and Maintenance, Los Gatos, CA: Digitize
and maintain parcel, address, and street centerline, storm water systems on a 30-
day cycle, post to GIS Web (hosted) and to client server. Uses two-way
replication and synchronization to coordinate production, web, and client
geodatabases. Developed ETL process to extract and combine County assessor,
MetroScan and local data for web noticing application.
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Stefanie Gee I Lynx Technologies
EDUCATION
2003/BS Civil Engineering
San Jose State University
CERTIFICATION
2020/Esri ArcPro Certificate
2005/Esri ArcGIS Certificate
PROFESSIONAL AFFILIATIONS
SOPAC
CSRC/CRTN
Silicon Valley Government
GIS Collaborative
YEARS OF EXPERIENCE
With Lynx for 15 years
With Redwood City 2 years
Ms. Gee has been with Lynx Technologies for over 15 years. She began her career as
an intern at the City of Redwood City while earning her BS degree in civil engineering.
After graduating from San Jose State University, she continued to work for the City as
an Engineering Technician. While at the City Ms. Gee acquired skills in AutoCAD
Map/Civil and ArcView working on the utility infrastructure systems. She also worked
on the City's Document Imaging System scanning CIP drawing files and adding
associated metadata. Ms. Gee left the City to join Lynx in 2005.
Experience
City of Dublin GIS Maintenance: Maintained parcel, address, and street
centerline data. As -needed updates to zoning and zoning maps. On -site for
specific mapping required by City staff such as park master plan, street
sweeping, and traffic count maps.
San Benito County GIS Maintenance, Hollister, CA: Current agreement to provide
ongoing updates to basemap including parcel COGO, address, street centerline, zoning,
and general plan data. Worked with County Fire to update fire wall maps for each of
their stations. Provided basic GIS training in ArcGIS Desktop beginning in 2009 to
various City and County staff.
Orange County Sanitation District, Fountain Valley, CA: Move andadjustpipes and
structures of multiple interconnected systems to align with current basemap and spatial
projection. Various systems include Air & Oxygen, Chemical, Drain, Foul Air, Gas Handling,
Solids Handling, Wastewater, and Water piping systems. Use engineering plans to visually
look for abnormalities and adjust or digitize corrections. Check attributes to ensure the
Domain values are valid. Uses two-way replication and synchronization to coordinate
client geodatabases. Many drawing profiles require complex interpretation of
three-dimensional perspective drawings.
20
149
Frank Blom I Lynx Technologies
EDUCATION
1998/Cabrillo College, CA
1989-91/Technical Installation
College, Amsterdam, NL
1975-78/Mechanical Engineering
Degree, Amsterdam, NL
CERTIFICATION
2004 ESRI ArcGIS Certificate
PROFESSIONAL AFFILIATIONS
Bay Area Automated Mapping
Association
Association of Monterey Bay Area
Governments
YEARS OF EXPERIENCE
With Lynx for 20 years;
with other firms for 4 years
Mr. Blom is one of the company's senior analysts and has been with Lynx
Technologies for nearly 20 years.
Experience
Alameda County Department of Public Works, Alameda County, CA: Frank has
Ispent the last five years working under the direction of County Public Works staff
working on -site as a GIS Technician for development of the County's Flood Control
and Storm Drain GIS. He has been the lead technician responsible for verifying an
earlier body of work to develop the County's storm and flood control systems. This
has required researching all engineering plans, inspecting each of the infrastructure
assets, and comparing the data to the GIS. Specifically, he reviewed spatial accuracy,
direction of flow, elevation values (and vertical datum), and other attribute values.
As part of this project, Frank also works with Psomas programming staff to help
troubleshoot integration tasks with the County's CMMS system. A key component
of his effort was to ensure and correct asset keys and orphaned assets so that the
data could be synchronized between the two systems.
City of Gilroy, CA: Lead technician for the initial conversion and ongoing
maintenance of the City's landbase and utilities systems. This project began in
2002; initial conversion was completed in 2005 and Frank has been the primary
technician to maintain the system on an ongoing basis. The original development
involved COGO development of the parcels, and building the
infrastructure using engineering plans, local valve schematic books (for water), and
redline markups from City staff.
City of Dublin, CA: Initial project converted all Atlas maps from 200-scale
mylars to ESRI geodatabase. Subsequent projects include: 1) realignment
to digital orthophotography; 2) update system from CIP Project plans; and
3) design and implement network model and reassign feature ID's using in- house
system and network following routine. 2014-2016 blanket contract to provide
onsite and offsite GIS services.
City of Sonoma, CA: The City of Sonoma has been a Lynx client for nearly
20 years and Frank has been an integral part of the GIS development and
implementation. He worked on the original parcel and utility conversion effort
from 400-scale atlas maps effort and many subsequent projects to improve spatial
accuracy and content. This included survey grade GPS collection of
all storm and water above ground structures, a subsequent project to map all storm
water outfalls, and new GPS data capture of street lights and street signs in the
City.
CITY OF DUBLIN GIS SERVICES
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Project Approach
Our proposed approach will focus on accomplishing the tasks identified in the RFQ:
• Digital Conversion and Maintenance of the City's Data
• Technical Support and Knowledge Transfer for the City's Existing GIS Enterprise System Design
• Maintaining and Integrating Web -Based Applications Using ArcGIS Enterprise, ArcGIS Online
(AGOL), Geocortex Essentials and Other Business Systems
Overall, we have different strategies and staffing for each of these roles, discussed below.
Project Management
Good project management is critical to the success of this engagement and we propose several different
methods. First, we propose scheduled bi-weekly, 1-hr. meetings between Mr. Kelleher and the IT
Manager using Zoom, or onsite. These catch-up meetings will provide a forum for the City to raise any
issues that arise, introduce new task orders, and update the City on the status of any long-term projects.
Second, Lynx will have direct access to the City's Helpdesk Ticket system. We have used this system with
the City in the past, use similar systems in other engagements, and it is an efficient communication
method that provides all team members an accurate status of GIS requests. Using this system, Ms. Gee
will access the Helpdesk daily for any new tickets; this grants her the ability to plan her scheduled day
with the City, flag anything that looks critical ("I need this today if possible"), and, if necessary, start
communicating with the requesting City staff.
Third, we will encourage direct communication between Lynx Technicians and the City's staff.
Finally, we propose to develop and manage a list of Task Orders for non -routine requests. Task orders
are the individual project requests initiated by the City. The illustration below is one we implemented
for the City of Campbell; it is posted on our SharePoint site so that it can be edited by both parties.
2
Addressing
Integrate with MyGovt
3 Online All
4 Add parcels outside City at least500' All
5 laritng rrSL riYYKCVU tPlanning
Parcel Report owner's mailing list not working Planning
Master Address layer i.e. GIS is
auth oritative sou r[e that will work
for all applications
All
7
Public Noticing Automaticallygenerate a map planning
showing buffered parcels
Public Portal Create a public interface All
g Address Fixes See list from Marge All
10 Identify Private R/W All
Integrate with City Web Site All
11
Critical
..................
Critical
Cenral
Ciifral
Nigel
High
High
High
With the County site going
down, being able to -share
The list would be reviewed bi-weekly and priorities adjusted as required; it will provide a visual aide
to articulate expectations and outcomes to the City.
CITY OF DUBLIN GIS SERVICES
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For new Task Orders Lynx will utilize a proven methodology for defining the scope, assigning
resources, and managing the project implementation. If, for example, a new business system is
acquired by the City and requires integration with GIS, we would develop the project through the
following documented steps:
• Project Justification (purpose, stakeholders, deliverables)
• Statement of Work
• Schedule (hours and timeline)
• Create a Project Plan
• Project Management
In other words, a project would start with a formalized request followed by a document that defines its
parameters. As part of the Statement of Work we would meet with SME's as required to help frame the
project deliverables. The Project Plan would include any milestones.
Summary of Deliverables / Key Points:
• Bi-Weekly Managers Meetings
• Daily Helpdesk Management
• Direct Communication with staff
• Shared Task Order Management
(1) Digital Conversion and Maintenance of the City's Data — Core Layers
Routine maintenance of the City's GIS data, the first priority of the RFQ, will be split
between two staff members. Lynda Anastacio will manage what we consider Base Feature
Layers and will include:
a) Parcels,
b) Street centerlines,
c) Address points,
d) Assessor's data, both Secured Role and Property Characteristics
e) Record Boundaries (Tract, Parcel Map, Records of Survey)
f) Jurisdictional Boundaries (City Limits, County, Federal)
This task is a well -established workflow that Lynda performs as part of agreements with
neighboring agencies and Alameda County, and follow a well -documented 30-day cycle
(right) that follows the monthly release of the assessor's data. All line and polygon feature
layers will be entered by coordinate geometry methods (COGO) and spliced into the existing
feature classes using an affine method, control points and/or the 2020 County Aerial
imagery.
30 Day Cycle
7(22/2019 - -
m
We propose to implement ESRI's Distributed Database tools (two-way replication and synchronization in
a disconnected environment) to help manage the coordination between Lynx and the City. This will
simplify data exchange by tracking changes, and sending/receiving small XML files to transfer new or
changed content. We are using this method now for the City of Livermore and implementing it for City
of Pleasanton's data that we maintain.
CITY OF DUBLIN GIS SERVICES
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Finally, Lynx will manage the synchronization of Tyler Eden business and permit data with GIS on a
monthly basis in addition to the base layer maintenance listed above. We understand that is a complex
task, one that has several intermediate staging products however, we know that this data is a critical
part of the web -based GIS content that the GIS User community depends on. Moreover, we believe that
this is an integral step of the maintenance process and including it as part of Lynx's monthly
responsibility is appropriate. Knowledge transfer to Lynx, additional staff, and adequate credentials will
be assigned to this stage as determined by the IT Manager.
(1) Digital Conversion and Maintenance of the City's Data — Helpdesk Tickets
Other layer maintenance, new content, map requests, ad hoc requests, GIS analysis etc. will be
processed by Stefanie Gee, through the City's IT Helpdesk system. Frank Blom, Eric Dolle and other Lynx
technicians can be employed as required but our experience has been that additional help is not
necessary for Helpdesk tasks. As mentioned above, Ms. Gee will login to the Helpdesk system daily to
look for critical tickets. When these occur, and they are requesting a one- or two-day turnaround, Lynx
will make every attempt to process the request within the requested timeframe. If that is not possible,
at a minimum, Ms. Gee will reach out to the City staff person making the request to inform them when
they can expect the job can be completed.
For less time sensitive tickets, Ms. Gee will have 8 hours per week dedicated to the City of Dublin for GIS
maintenance work. She will be free to work with City staff directly to answer any questions, provide
product(s) and get more information. If the ticket cannot be closed within the same day, a comment will
be added to the ticket to reflect the current status.
If all Tickets are processed and closed, she will use that time to work on other projects from the Task
Order tracking sheet discussed above. For example, the storm drain system is missing many attributes
and she could use the remaining budgeted time to update the assets by working through the as -built
drawings to fill in missing profile data (rim and invert elevations, slope, depth, etc.).
(1) Digital Conversion and Maintenance of the City's Data — Project Based Task Orders
Extended projects that require more than a few weeks will require a third approach. We propose a list
of potential tasks at the end of our proposal that fit in this category; other long-term tasks include some
of the GIS Enterprise Design and Strategy projects that are discussed in the next section. Depending on
the scope of the task, a simple email exchange detailing the request and estimated time should suffice;
for other projects we will follow the procedure discussed above (see Project Management) to formally
adopt a plan, systems specification, and budget. Once the project is initiated, status of the project will
be reported to the IT Manager as part of the bi-weekly meetings.
The scope of long-term tasks will vary considerably and an important consideration is staffing and
budget. Our projected cost is $75,000 per year with about 85% dedicated towards maintenance
operations, thus $10,000 could be invested in longer term projects.
CITY OF DUBLIN GIS SERVICES
153
Summary of Deliverables Task 1:
• 30-day delivery update cycle for core layers
• 1-2-day turnaround time for critical Helpdesk tickets
• Dedicated 8-hours per week to process ad hoc and longer -term Helpdesk tickets
• 2 minimum staff dedicated to GIS data maintenance
(2) Technical Support and Knowledge Transfer for the City's Existing GIS Enterprise
System
Patrick Kelleher will lead the effort to meet the requirements of this task. Mr. Kelleher has a working
knowledge of the City's existing ArcGIS Enterprise / Geocortex Essentials architecture and has eight (8)
years of experience in this realm in ten (10) other cities. He will be able to provide immediate assistance
maintaining, troubleshooting and providing development support. We are aware of a small presence in
the ArcGIS Online (AGOL) space. Lynx has been working in this arena for the last seven years and
prepared to help develop or provide recommendations to expand the City's presence. Similarly, we are
unaware if the City has deployed ArcGIS Portal, or has plans to do so. Mr. Kelleher has implemented
single machine ArcGIS Portal base deployments for two sites in the last two years, and is working within
this realm for the City of Menlo Park. Currently Lynx uses subconsultants to implement such as ESRI
Solutions Architects (Sacramento).
The following discussion is our prescription to analyze the current GIS environment and develop a plan
to expand the GIS infrastructure and user experience.
Documentation and Knowledge Transfer.
Lynx will inventory and document the City's Enterprise GIS environment which will include:
• Hardware and Software Diagram
• GIS Inventory, Schema and Data Model
• Metadata of all current layers
We are well aware of the hardware investment developed for Dublin's GIS and confident that this
strength will support future development with minimal investment. If a diagrammatic representation of
the hardware and software exists, we can adopt it; a sample of a model from the City of Menlo Park
illustrates our proposed deliverable and is included in Appendix A of this submittal.
The GIS Inventory will document all layers, tables, domains and relationships participating in the GIS
including AGOL content and regional data. The resulting data model will help communicate the existing
condition, and provide a platform to upgrade content and set the stage for future applications. Based on
our experience with the City's data we recommend imposing specific standards for all layers such as:
field naming convention, primary keys, editor tracking, metadata, etc. We believe that this not only
helps the user experience, it helps with maintenance and will also help future application development
and integration.
For example, the Storm Drain System was originally digitized by Lynx in 2005 and the schema has not
materially changed. However, this schema will not support the current storm water solutions available
in ArcGIS. We recommend upgrading the design so that it is aligned with the current ESRI LGIM.
CITY OF DUBLIN GIS SERVICES
154
Metadata will be populated for all layers and tables in the GIS database(s). This will help facilitate users
with an understanding of each layer's quality and integrity. This will also help publishing to the web as
these data are included in web services. We follow the FGDC standard as well as other helpful
conventions we have developed in other cities.
Our intent is to complete this effort in the first 100 days of our engagement.
ArcGIS Enterprise and Geocortex Essentials Technical Support
As mentioned above, Mr. Kelleher has extensive experience with ArcGIS Server and Geocortex Essentials
and will be able to support the IT Manager and GIS User community with administration, upgrades,
troubleshooting and user -driven requests and enhancements. Our understanding is that the City
currently has a very robust hardware environment and mature and stable software platform
consequently, we believe that our maintenance effort will be minimal and primarily involve software
upgrades, maintenance patches, and troubleshooting. Some upgrades/implementation that may be
required include:
• ArcGIS Server current version: 10.8.1
• Geocortex Essentials current version: 4.14.1
• Geocortex HTML5 Viewer current version: 4.14
• Geocortex Workflow on -premise: 5.19
• Geocortex Reporting on -premise: 5.10
• ArcGIS Desktop & License Manager: 10.8.1
• ArcGIS Pro current version: 2.7
ArcGIS Server security should be reviewed and, if necessary, Lynx will work with the IT Manager to set
up Users and Roles and impose token security on existing feature services to prevent inadvertent
corruption of data.
We are also very familiar with ArcGIS Pro and can help high-level GIS Users transition from ArcGIS
Desktop to this platform.
Recommendations
We have experience in the additional implementations listed
below. These tools are not required for the existing system but
are common implementations we have worked with for other
Cities. If the City is planning to expand its GIS footprint into
additional platforms, these offer relatively fast developments
that can be included within our proposed scope of work.
• Open Data Portal. This tool would open the GIS
environment to the public by providing a centralized
location to access downloadable data. The figure to
the right is one example, San Benito County, a current
client has implemented.
ekorne to the San Benito County GIS Open Data
Portal
CITY OF DUBLIN GIS SERVICES
155
• AGOL Organizational Site Development. The City owns an organizational account however, we
believe it is under-utilized. Over the past few years, we have worked with cities that include
AGOL capabilities with Geocortex site development. Most users continue to enjoy the
centralized approach and rich capabilities that Geocortex Essentials offers, however, targeted
applications that are available in AGOL provide an additional tool for a specific audience. The
snapshot below is one example of an operational dashboard from Menlo Park's Portal Gallery.
This allows City Manager's Office staff to get a quick picture of current sale history. The app
consumes the same feature service as Geocortex Essentials users but applied using out -of -the -
box tools available in AGOL and Portal.
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• Integrate Geocortex with ArcGIS Online and configure single -sign on authentication.
• Configure ArcGIS Portal Base Deployment in a Single Server Staging Environment. This
implementation would provide an opportunity to stress test a full deployment and allow for
capacity planning and design without impacting the rest of the ArcGIS Enterprise.
• Consider Field Apps utilizing Survey123 and AGOL Collector app. Lynx would interview
Stakeholders particularly within Public Works to test the level of interest. We have developed
applications for Stream Maintenance, Outfall Inspections and Homeless Encampments for
other clients.
Summary of Deliverables Task 2:
• Geodatabase Data Model of Existing
Database(s)
• FGDC Metadata
• Apply Geodatabase Standards and
Schema Upgrades
• Software Upgrades
• Implement Open Data Portal
• Configure ArcGIS Online Site and Apps
• ArcGIS Portal Base Deployment on
Staging Environment Server
CITY OF DUBLIN GIS SERVICES
156
(3) Maintain Web -Based GIS app with ArcGIS Enterprise, and Geocortex; Integrate with
other Business Systems
Patrick Kelleher will also represent Lynx Technologies to work within the current ArcGIS Enterprise /
Geocortex Essentials Framework to integrate GIS with the City's different business systems. As discussed
above, Mr. Kelleher has over eight years of experience working with both of these applications, and has
worked to integrate GIS with many common government business systems over the last 30 years. He
has worked closely with the IT Manager in the past, and spent many hours discussing and learning the
current automated workflows that help integrate the Tyle Eden permit and business finance software
with GIS; that effort will be an advantage for further development. Indeed, our goal is be completely
self-sufficient with the proposed parcel / address / owner (APO) workflow on a consistent 30-day cycle.
We have not worked with the Dude Solutions CMMS software. However, we have experience with most
of the CMMS vendors as described above, and the prevailing convention is to manage integration by
providing feature services via REST. We typically allow the vendor to review the current service and/or
meet with them to see if schema changes or other characteristics are required (number of services,
dynamic vs tiled, coordinate system, etc.). Lynx has started this process with Tyler LMS for the City of
Gilroy, City of Livermore's Public Works NexGen, and the City of Emeryville's Lucity CMMS.
We also have working experience with Laserfiche in the Cities of Livermore, Los Gatos, San Mateo and
Vista using different methods to integrate with Geocortex Essentials and Autodesk's MapGuide.
Geocortex Workflow and Reporting are also tools to help extend the GIS User experience. Mr. Kelleher
has been working in this environment for many years and is eager to work with City to continue to use
these tools to solve complex problems. We believe that a user -driven approach will serve the City most
efficiently so that we can target our time to develop a complex report, specific map template, or
automate a workflow that fills a specific City staff need. The Council/Board Conflict of Interest map is
one such example in which an elected official must recuse themself if they live within 500' of a proposed
development project. Maintaining this data is currently a manual process that we believe can be
automated in several ways using Geocortex Essential's tools. A number of other automation tasks like
this are listed in our proposed projects list in Appendix A.
One project that we just completed for the City of Pleasanton integrates a Geocortex workflow for
public noticing workflow with the SmartyStreets application. This is a SaaS, CAS certified vendor, that
validates a list of addresses extracted from GIS and returns a list of valid mailable addresses. We used
their API to develop the function for planning application public notices and small cell site notification,
the tool also publishes a map showing the buffered selection and the subject parcel.
Whether a proposed task involves an integration, Geocortex Workflow or Report, or a new web service,
the development process is similar: priorities will be determined by the IT Manager, then follow these
basic procedural steps:
• Work closely with key stakeholders to document the objective and desired outcome
• Develop and implement a pilot
• Use the pilot results to document the scope of work, schedule and cost
• Generate a Task Order to implement the project.
CITY OF DUBLIN GIS SERVICES
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Once the project is accepted as a Task Order, bi-weekly status meetings with the IT Manager will keep
the City and its stakeholders informed until implementation is complete.
Recommendations
Regional Collaboration. Data sharing is already a part of the City's GIS ecosystem: as members of the
Alameda County Sheriff's Office MOU, ACRECC County Fire Dispatch, and informal exchanges of utility
and other infrastructure with DSRSD and the cities of Livermore and Pleasanton.
We recommend formalizing the process and developing a strategy to synchronize the data exchange
process so that it is much more efficient. Specifically, we propose to act on the City's behalf to form the
Tri-City GIS Group. Mr. Kelleher experience in the region places him in a unique position to accomplish
this task.
The initial goals would: a) identify areas -of -interest, b) document data -sharing requirements and c)
potential collaboration methodologies.
Immediate examples of specific regional existing/proposed projects include:
• Zone 7 would like to collaborate their Flood Control Inspection and Maintenance AGOL
Application.
■ Homeless Encampments is a shared challenge and without borders, particularly in the flood
channels and Arroyos. Lynx developed and AGOL app for the Police Department that could be
shared by all enforcement in the valley and posted to a common dashboard.
■ Regional Stormwater Permit data and application involving Trash Capture and Outfalls. There is
a countywide effort that includes data and applications.
• ACRECC has asked Lynx to host a Utility service for the Valley's water, sewer and storm systems
in case of a catastrophic event or regional emergency.
User Group Meetings. We believe that scheduled GIS User Group meetings can be an effective tool to
get input regarding the current health of the GIS system, and solicit new requests for data and
functionality; Mr. Kelleher would lead these discussions. Our experience has been that bi-monthly or
quarterly meetings provides a balance between frequency and engagement.
Summary of Deliverables Task 3:
• Integration with Dude Solutions and Lasefiche
• SmartyStreets Integration with Public Noticing
• As Needed Geocortex Workflow and Reporting Development
• Regional Data Sharing
• GIS User Group
CITY OF DUBLIN GIS SERVICES
158
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CITY OF DUBLIN GIS SERVICES
159
Labor Rates and Budget Discussion
Labor Rate. We use a single standard rate for all services provided regardless of staff position, thus the
hours and budget amounts in the chart above are based on a shop rate for the 2021/2022 fiscal year of
$75 per hour. In subsequent years, the rate will have modest increases according to the following
schedule:
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2021/2022 $75
2022/2023 $80
2023/2024 $85
2024/2025 $85
2025/2026 $85
Discussion. Dublin will receive invoices on a monthly basis, terms are Net30. Each invoice will include the
date, hours worked to the1/4-hour, the staff person and description of work.
Lynx Technologies' policy is to bill for hours worked and therefore the worksheet above is a guide to
constrain hours and personnel across 3 distributed tasks. In other words, the hours above are not set
amounts, and will fluctuate based on the base map maintenance and helpdesk tickets submitted each
month. This provides the City with the option to either dedicate the remaining budgeted hours to Task
Orders and long-term projects, reserve these hours for later, or not use them at all.
Finally, the worksheet is intended to communicate the hours to be dedicated to the City, roughly 1.5 FTE
over 3 Lynx staff members. Additional staff time can be increased with additional budget as directed by
the City.
CITY OF DUBLIN GIS SERVICES
160
Estimating Coc+c
Item Hours Rate Cost Comment
la)
50 Lot Subdivision
Tract Boundary
1 $75 $75
Closed traverse, least squares adjustment,
residuals reported if > .001
Parcel Lots
7 $75 $525
Separated into R/W and Parcel Lots
consistent with existing themes
Parcel Polygon
1 $75 $75
Street Centerline
Attributes populated consistent with
1 $75 $75 current requirements for County and local
public safety CAD requirements
Street Name
0.5 $75 $38
Address Point
0.5 $75 $38
Attributes populated consistent with
current schema
Address Annotation 0.25 $75 $19
Orientation and classification based on
current requirements
QA/QC 0.5 $75 $38 Topology Check
Splicing 1.5 $75 $113
Sub -total
13.25 $994
Overhead 15% $149
Includes project management and
material cost
Total $2,137
Item Hours Rate Cost Comment
1b)
Utility Map Conversion
Note: Attributes for all systems include plan and profile, and will follow current schema as wells as a second
delivery in the schema supported by the current CMMS application; cost for such included in Overhead.
Water
Mains (5,280') 6 $75 $450
Laterals and Meters
(50)
2 $75 $150
Fire Hydrants (5) 1 $75 $75
Valves 1.5 $75 $113 Not specified but apply typical scenario
Fittings 1.5 $75 $113 Not specified but apply typical scenario
Recycled Water
Mains (5,280')
6 $75 $450
Fire Hydrants (5)
0.5 $75 $38
Valves
1.5 $75 $113 Not specified but apply typical scenario
Fittings
1.5 $75 $113
Not specified but apply typical scenario,
Based on Average Tract
CITY OF DUBLIN GIS SERVICES
161
1b) Item Hours Rate Cost Comment
Sanitary Sewer
Mains (5,280') 4 $75 $300
Laterals (50) 1 $75 $75
Manholes (17)
1 $75 $75 Specification has 1 but using typical reach
(300')
Storm Drain
Mains (5,280')
6 $75 $450
Inlets (35)
3 $75 $225
Manholes (20) 1.5 $75 $113 Specification has 1 but using typical tract
Fittings (5) 0.25 $75 $19 Not specified but apply typical scenario
Splicing 1 $75 $75
QA/QC 1 $75 $75 Connectivity
Sub -total 40.25 $3,019
Overhead
$0 $453
Includes project management and
material cost
Total $3,469
Item Hours Rate Cost Comment
lc)
ArcGIS Enterprise Base Deployment*
Hardware System
Configuration
4 $75 $300
SSL Certificates, Check Hardware and IIS
System Specifications
Install Configure
Server
4 $75 $300
Install Configure Portal 4 $75 $300
Configure Web
Adaptors
1 $75 $75
1
Install and Configure
Data Store
4 $75 $300
Federate Servers
1 $75 $75
Total
18 $1,350
* Recommendations
For Single Machine Base Deployment expand memory to 32 GB and 250 MB of storage capacity, monitor
CPU and memory usage for all tiers before considering expanding resources (machines) and licensing
requirements. Resource contention between App tier and Data tier will be the most likely reason for
expansion. Other considerations: High availability and failover protection (using offsite passive method),
Staging/Development server. Consider ArcGIS Monitor to build metrics for expansion.
CITY OF DUBLIN GIS SERVICES
162
Schedule
A diagrammatic representation of our team for the 12-month term is illustrated below:
Basemap
Helpdesk
Feb 1 Mar 1 Apr 1 May Jun
Jul
Aug 1 Sep I Oct 1 Nov 1 Dec Jan
Status ❑ ❑
■ ■ I■ ■ ■ ■
Meetings 0 ❑ ❑ ■ ■ ❑ ■ ❑ ® ❑ ■ ■
Task
Orders
• 30-day schedule for basemap Maintenance; within 10 days after the Assessor posts data
(Lynda).
• Helpdesk tickets monitored daily, critical products produced within 1-2 days if possible
(Stefanie).
• Helpdesk tickets dedicated 8-hours per week, any remaining time goes toward Task Orders
(Stefanie).
• Status Meetings. Twice per month, 1-hr (max) each. (Patrick)
• Task Orders. GIS Infrastructure, Database Administration, Geocortex Work, ArcGIS Server,
Integration, etc. 18 hours per month minimum. Task Orders project list (Patrick, Stefanie).
Confirmation of City Requirements
Lynx Technologies acknowledges that Patrick Kelleher is authorized to represent the company, has read
the City's Standard Consulting Agreement and Insurance Requirements, and unconditionally accepts its
terms and conditions and meets the insurance requirements. A sample of our insurance certificates is
attached.
CITY OF DUBLIN GIS SERVICES
163
Appendix A
Projects
Below is a list of projects compiled from past notes, it is not meant as an exhaustive list and can be
considered topics of discussion to be added to our task orders
Project
Eden APO to XAPO
Category
Integration
Priority
Comment
2 Data direct from GIS via FME / Workflow
Yearly CIP Projects Report
Web GIS
2
Create Report Template so can be done by Finance
Staff
API for SmartyStreets
Web GIS
1
Integrate into Public Noticing App
Annual Banner Ads
Web GIS
2 Enable / Train ED staff to do themselves
Digital Submittal Standards
Knowledge Transfer
2
Review existing, write to include GIS
Conflict of Interest Maps
Web GIS
2
Create workflow so staff can do themselves
Geocortex: integrate 3rd Party
Apps
Web GIS
2 Pictometry, Google Street View, Public is broken(?)
Street Furniture
Data Management
2
Develop schema, content, integrate with Dude
Solutions (Trash cans, benches, news racks, etc.)
Integration with City Web Site Web GIS
2 e.g., 'frame, links to/from
Laserfiche
Integration
2
Centralized image storage, develop spatial
component in GTX
Dude Solutions Integration
Integration
1
Parcel Fabric in ArcGIS Pro
Data Management
3 Justification, Discussion
Parcel Report Generator
Web GIS
2
Internal and Public: Commercial vs Residential e.g.
FAR, set -back requirements
Parks & Rec Story Map
Web GIS
3
Link to City Registration Page
Cell Site Notification
Web GIS
1
Get requirements, enable for public(?)
Storm Drain System
Data Management
1
30-50% profile data missing CIPs linked
Review / Modernize schemas
for present day
Data Management
1
Evaluate in context of Web GIS
Development Projects Story
Map
Web GIS
2 Manage by CD staff via Excel/GTX or Portal
Easements
Data Management
1
Go through legal documents, access to County
Recorder
Templates, Charts, Reports for
internal users
Web GIS
1
User -driven, interview stakeholders
Tract / Parcel Map Overlay
Utility Network Model
Data Management
Web GIS
2 Link to Laserfiche
3
Discussion
CITY OF DUBLIN GIS SERVICES
164
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DocuSign Envelope ID: 34F55871-75C2-4132-90AB-5CBE7CD2C954
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND LYNX TECHNOLOGIES, INC.
FOR GIS CONSULTING SERVICES
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Lynx Technologies, Inc. (hereinafter referred to as " CONSULTANT ") entered
into a Consulting Services Agreement for GIS Consulting services (hereinafter referred to
as the "AGREEMENT"); and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to increase the not -to -exceed compensation amount to $357,000 by modifying Section 2, and
update the scope of work and compensation schedule by modifying Exhibit A and Exhibit B
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, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2.0 COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $357,000, notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and
Consultant's proposal, attached as Exhibit A, regarding the amount of compensation,
the Agreement shall prevail. City shall pay Consultant for services rendered pursuant
to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in
the manner specified herein. Except as specifically authorized by City in writing,
Consultant shall not bill City for duplicate services performed by more than one person.
2) Exhibit A, the scope of services shall be rescinded in its entirety and replaced, attached
hereto and incorporated herein as Exhibit A.
3) Exhibit B, the compensation schedule shall be rescinded in its entirety and replaced,
attached hereto and incorporated herein as Exhibit B.
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) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
Page 1of5
167
DocuSign Envelope ID: 34F55871-75C2-4132-90AB-5CBE7CD2C954
6) 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 THE FOLLOWING PAGE
Page 2 of 5
168
DocuSign Envelope ID: 34F55871-75C2-4132-90AB-5CBE7CD2C954
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN
DocuSigned by:
LYNX TECHNOLOGIES, INC.
DocuSigned by:
B B ` PAM& kL x
T_""'
y' ■xicserrcoaTa. y' Z��2I LTC I.\
Linda Smith, City Manager Patrick Kelleher, CEO
Dated: 4/19/2023
ATTEST:,DocuSigned
by
By: ' Y cx1 a V`OL
Marsha Moore, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
By:
—�VJJ—,tity Attorney
Page 3 of 5
169
DocuSign Envelope ID: 34F55871-75C2-4132-90AB-5CBE7CD2C954
EXHIBIT A
SCOPE OF SERVICES
GIS Professional Services July 2021 through June 2024
Services will be performed as directed by the GIS Coordinator at the City of Dublin.
This agreement will provide ongoing support and further development of the City's
Geographical Information System (GIS). Lynx staff will be dedicated to the City's GIS team
as work is assigned. Staff will conduct work both on and off site as required. Services are
provided on a time and materials basis.
The tasks will vary, but may involve any of the roles listed or related below:
• ArcGIS Enterprise / Geocortex Essentials design, implementation, and maintenance
• Database management, and administration, including design and documentation
• Web development within the ArcGIS Enterprise/ Geocortex Essentials framework
• Web development within the ArcGIS Online framework, this includes site
management, user management and App development using Web App Builder, Field
Apps, and Survey123
• Base feature layer maintenance including parcels, streets, addresses, roadway, tract,
and boundary changes, including associated tables and annotation. These feature
layers are maintained on a 30- day cycle and coordinated with adjacent cities and the
county.
• Data maintenance of other layers within the GIS such as utility networks, planning
and engineering overlays. These feature layers are updated as -needed
• Trak- IT Management, IT' s Helpdesk will be monitored on a daily basis, Lynx will
respond to the City's request within 24 hours of new GIS- related tickets. Work will be
assigned and processed accordingly, tickets will be completed (hours, results, status)
and closed
• Onsite work to collect and capture data. For example, staff could be assigned to go
through engineering data to infill missing data, or there may be a special project that
city staff requires a GIS technician in which significant interaction is required.
Scanning to Laserfiche is another option onsite task that may be required as -needed
• Field work as required, this may include field inspection such as sidewalk surveys or
current land use, or high precision GPS capture of city assets
• Ad hoc GIS analysis and presentations
Project assignments will proceed with an estimate of required hours; a detailed scope of
work will be provided for unusual or one-time projects. A simple email exchange of hours
and approval is all that will be required for maintenance work.
Page 4 of 5
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DocuSign Envelope ID: 34F55871-75C2-4132-90AB-5CBE7CD2C954
EXHIBIT B
COMPENSATION SCHEDULE
The total budget will not exceed $357,000.
All work will be billed on a time and materials basis according to the following rate schedule
over the next three years:
Year
2021/2022
2022/2023
2023/2024
Rate
$75
$77
$80
Page 5 of 5
171
Attachment 16
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT WITH
PAKPOUR CONSULTING GROUP, INC. FOR DEVELOPMENT REVIEW AND
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
WHEREAS, on June 15, 2021, the City Council adopted Resolution Numbers 72-21 and
73-21 approving an Agreement for On -Call Construction Management and Inspection Services
and Development Review Services with Pakpour Consulting Group, Inc. for a not -to -exceed
amount of $2,000,000 over a three-year term; and
WHEREAS, on December 16, 2021, the City Manager approved Amendment #1 to the
Agreement, which added an Emergency Operations Assistance section to the Agreement,
whereby Pakpour Consulting Group, Inc., agreed to provide services during a local or regional
emergency; and
WHEREAS, the City and Consultant mutually desire to amend the Agreement to extend
the term and increase the compensation amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
herby approve Amendment #2 with Pakpour Consulting Group, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non -
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1
172
DocuSign Envelope ID: AFDDE56E-4FCF-4A57-9EFE-90FC4283B82E
Attachment 17
AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND PAKPOUR CONSULTING GROUP, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Pakpour Consulting Group, Inc. (hereinafter referred to as (" CONSULTANT")
entered into a Consulting Services Agreement for On -Call Development Review and On -
Call Construction Management and Inspection (hereinafter referred to as the
"AGREEMENT"); and
WHEREAS, on December 16, 2021 the City Manager approved Amendment
No. 1 to the Consulting Services Agreement for Emergency Operations Assistance; and
WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to
increase the not to exceed compensation amount to $3,000,000 by modifying Section 2 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 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30. 2026, 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.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $3,000,000, notwithstanding any contrary indications that may be contained in
the Consultant's proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the Consultant's proposal, 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. Consultant shall submit all invoices to City
Page 1 of 3
173
DocuSign Envelope ID: AFDDE56E-4FCF-4A57-9EFE-90FC4283B82E
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.
3) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
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 THE FOLLOWING PAGE
Page 2 of 3
174
DocuSign Envelope ID: AFDDE56E-4FCF-4A57-9EFE-90FC4283B82E
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN PAKPOUR CONSULTING GROUP, INC.
By:
Linda Smith D'Ambrosio, City Manager
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
6A52E3320449452
By:
oubin Pakpour, P
Page 3 of 3
175
Attachment 18
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PAKPOUR CONSULTING GROUP, INC.
FOR
ON -CALL DEVELOPMENT REVIEW AND
ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Pakpour Consulting Group, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of July
1, 2021 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, 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 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include "work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work," the services constitute a public works
Consulting Services Agreement between City of Dublin and
Pakpour for Dev Review and Construction Management and Inspection
07/01/2021
Page 1 of 15
176
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,000,000
for Development Review and $1,000,000 for Construction Management and Inspection, for a total of
$2,000,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, for
services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only
payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically authorized by City in
writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
Consulting Services Agreement between City of Dublin and
Pakpour for Dev Review and Construction Management and Inspection
07/01/2021
Page 2 of 15
177
■ The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
• The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
■ The Consultant's signature;
• Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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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 Pavment 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 Pavment 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
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
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insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers' Compensation Insurance and Employer's Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
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4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 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
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not less than $2,000,000 covering the licensed professionals' errors and
omissions. Any deductible or self -insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims -Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 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 A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 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
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Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• 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. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City's business; and is
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customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant's failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
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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 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.
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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
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the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
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understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City's sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant's economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Pakpour Consulting Group, Inc.
Attn: Joubin Pakpour, P.E.
5776 Stoneridge Mall Road, Suite 320
Pleasanton, CA 94588
Any written notice to City shall be sent to:
City of Dublin
Attn : City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A. B. C, and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
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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
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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
p- DocuS ned by:
Linda Smith, City Manager
Attest:
�DocuSigned by:
owv/rt
Marsha Moore, City Clerk
Approved as to Form:
DocuSigned by:
,far tA,1 s(A,ap for
City Attorney ._.
3070368.1
Pakpour Consulting Group, Inc.
6A52E332D449452
roubin Pakpour, P.E.
1000054152
Consultant's DIR Registration Number
(if applicable)
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EXHIBIT A
SCOPE OF SERVICES
Development Review
• Provide staff augmentation services.
• Serve as engineering project manager and primary engineering reviewer for a wide variety of land
development, subdivision, commercial, encroachment permit, small cell permit, planning applications,
and building permit applications.
• Review and manage multiple land development, subdivision, commercial, encroachment permit, small
cell permit, planning applications, and building permit applications from initial planning application or
entitlement through issuance of permit for construction or improvement plan and final map approval,
construction, to final sign -off of improvements, turnover for maintenance, and warranty release.
• Review, analyze, and develop conditions of approval for various planning entitlement applications such
as Tentative Maps, Site Development Reviews and Conditional Use Permits.
• Review various encroachment permit applications, including small cell site applications, and building
permit applications.
• Review parcel maps, final maps, tract improvement plans, grading plans, street improvement plans,
plot plans and building permit plans for conformance with City and State regulations and engineering
standards of practice, including ADA and accessibility requirements.
• Review plans and documents for conformance with the requirements of the RWQCB NDPES Municipal
Regional Permit (MRP), including but not limited to:
• Low impact development.
• Source control.
• Design of storm water treatment measures and sizing calculations.
• Hydromodification standards and the use of BAHM software to both design and review
detention and metering devices.
• Trash capture.
• Stormwater Management Maintenance Agreements.
• Work collaboratively with Public Works Staff and other City departments such as Planning, Building,
Economic Development, Fire and Environmental Services during the review process.
• Coordinate the review and approval process with outside agencies such as Dublin San Ramon
Services District, Zone 7 and Alameda County.
• Correspond directly with applicants and their design teams.
• Attend meetings with applicants and Staff and conduct various other duties in order to efficiently
coordinate project reviews with City Staff.
• Write memorandums summarizing plan review comments for transmittal to applicants and other
departments/agencies.
• Write staff reports for City Council meetings.
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• Prepare agreements including long term encroachment agreements, stormwater operations &
maintenance agreements and subdivision improvement agreements.
• Administer surety bonds associated with various agreements.
• Prepare grant deeds, grants of easement or certificates of acceptance documents and review of
associated plat maps and legal descriptions.
• Perform field observations and walk-throughs of projects under construction, in support of Public Works
inspection staff/consultants.
Construction Management and Inspection Services
The Scope of Services is intended as a guide to illustrate the minimum project requirements. The Consultant
Construction Management Team will provide professional and technical services to manage the
construction, and inspection, for the assigned project under the supervision of the City of Dublin. The
Consultant shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc.
necessary for the project team to successfully complete the project.
Services During Pre -Construction:
The Construction Manager will assist City Staff in the following:
1. Perform a review of the construction documents issued to the City for review and provide
recommendations regarding feasibility of construction methods, current availability of materials and
labor and time requirements for procurement. Identify materials or services which may have a long
lead time and could impact to the project. Provide written comments to the City for incorporation
into the bid documents by addendum if necessary.
2. Work with the City to develop strategies to generate market interest in the Project.
3. Take the lead in managing the bid process including receiving bidder's questions, distributing
information to the Owner and their consultant, issuing bid addendums, analyzing bids and
ultimately make a recommendation of award to the City Project Manager. Provide documentation
and substantiation to allow staff to gain Council approval of award.
4. Maintain an electronic project management filing system on the City's network using the Microsoft
office suite.
5. Work with and provide project specific construction recommendations to the design team. Review
and provide comment on the construction logistics plans produced by the design team.
Services During Construction:
The Construction Manager will represent the City during construction of the project. The Construction
Manager will perform the following specific services:
1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper
communication and progress of the project. Act as liaison to the City through the City's Project
Manager.
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2. Schedule, direct and supervise the Project Inspector or work with the City's Sr. Inspector in
assignment of inspection staff.
3. Coordinate all required testing services and review testing reports and materials testing personnel.
4. Provide on -site coordination to assure that the project meets the Plans and Specifications and
stays on budget and schedule.
5. Review, evaluate, and furnish recommendations to the City regarding contractor's performance,
construction schedule and any other matters related to compliance with the contract.
6. Provide a daily log of events and activities so as to secure the City's interests and monitor work
accomplished in accordance with the contract.
7. Review, track and assist in the preparation of responses to Contractor RFI's.
8. Review, track and assist in the review of Contractor submittals.
9. Review and track certificates of compliance and product submittals for conformance to the project
Special Provisions and/or Caltrans Standard Specifications and Plans.
10. Provide a monthly update outlining project status, schedule, submittals, RFI's, and change order
issues. Include pertinent photos or supporting documents. The report should include an analysis of
any potential delays and their actual relevance. The report should be suitably formatted to share
with the City Manager's Office.
11. Issue Weekly Statement of Days Charged.
12. Review and furnish contract correspondence, minutes of meetings and directives to be issued to
secure the interests of the City.
13. Review and make recommendations regarding payments to contractor including Change Orders,
when applicable, and recommendations regarding any proposed changes. Prepare and provide
cost analysis where necessary to verify change order costs generated by the Contractor are
reasonable and correct in scope.
14. Attend all construction -related site meetings with the City's representatives, contractors, and other
meetings between related parties as required. Maintain separate notes on such meetings.
15. Verify that the Contractor complies with the requirement of the project's water pollution control and
staff the project with the required personal and submit necessary documentation to the SMART
system.
16. Assist the Design Consultants Team to ensure compliance with the project's various environmental
requirements and permits
17. Assist with providing any information to the City Departments as required.
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18. Monitor contractor's construction activities to ensure the General Contractor is providing proper
planning and coordination of work crews and of subcontractors for the execution of the project
work.
19. Identify potential claims and make recommendations to resolve them.
20. Upon completion of the project work, provide a punch list review and recommendation of Project
Acceptance.
21. Upon completion of the project work, review all of the Contractor's final submittals to ensure their
compliance with final project close-out requirements.
22. The construction Contractor shall be responsible for job site safety. Should a safety or hazardous
condition be discovered by the Construction Management Team, it shall be brought to the attention
of the Contractor and inform the City.
The Project Inspector will represent the City during construction and report to the Construction Manager or
Inspector of Record or City Representative:
1. Provide on -site inspection to assure that the project is constructed in compliance with the Plans
and Specifications.
2. Perform the duties designated by the City's Building Department Inspector or Inspector of Record
for the project.
3. Provide inspectors daily report of events, manpower, and activities so as to secure the City's
interests and monitor work accomplished in accordance with the contract. Daily progress pictures
shall be incorporated into the report.
4. Take digital photographs and digital video tape recordings of the construction progress on a regular
basis, including pre -construction conditions within the project limits.
5. Collect material tags and verify materials on site meet project specifications and project submittals.
6. Maintain a redline set of as -built plans and specifications.
7. Track and field -verify quantities of actual improvements installed by the Contractor and maintain a
quantity bid sheet for each bid item of work.
8. Assists the Construction Manager or City Representative in review and recommendation of
progress payments.
9. Track and document Time and Materials work issued to the Contractor.
10. Working with the Construction Manager and other agencies and permit holders to issue a project
punch -list.
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Post -Construction Services:
1. Provide marked up construction record drawings (as -built drawings) for designer completion.
2. Coordinate and prepare final progress payment.
3. Provide final inspection services and project closeout activities including preparation of final
construction project report and other documents required by City of Dublin, City Building
Department or Authority having Jurisdiction and resolve all contractor claims if any.
4. Resolution of all contract issues, warranties, bonds, etc.
5. Turn all construction documents over to the City of Dublin.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
January 1, 2021 through
December 31, 2021
Principal Engineer $220 per hour
Senior Engineer $190 per hour
Associate Engineer $170 per hour
Project Engineer $155 per hour
Assistant Engineer $140 per hour
Public Works Inspector $150 per hour
Engineering Technician $110 per hour
Administrative Assistant $80 per hour
Sub -Consultant Mark Up 10%
All rates are inclusive of direct costs such as mileage, copies, plots, postage, shipping, telephone and cell
phone charges. A 1.3 multiplier will be applied to the hourly rate of Project Inspectors working more than 8
hours per day and / or 40 hours per week.
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EXHIBIT C
INDEMNIFICATION
PROFESSIONAL
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.
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EXHIBIT C
INDEMNIFICATION
TECHNICAL CONSULTANT
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,
elected officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the
services called for or its failure to comply with any of its obligations contained in this Agreement, except
such Liability caused by the sole negligence or willful misconduct of City.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
The Consultant's obligation to defend and indemnify shall not be excused because of the Consultant's
inability to evaluate Liability or because the Consultant evaluates Liability and determines that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any
claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense
and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the
City, may be retained by the City until disposition has been made of the claim or suit for damages, or until
the Consultant accepts or rejects the tender of defense, whichever occurs first.
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EXHIBIT D
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
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199
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
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200
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.
3070368.1
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201
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND
PAKPOUR CONSULTING GROUP, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Pakpour Consulting Group, Inc. (hereinafter referred to as "CONSULTANT ")
entered into a Consulting Services Agreement for On -Call Construction Management,
Inspection, and Development Review services (hereinafter referred to as the
"AGREEMENT"); and
WHEREAS, the CITY would like to expand the services provided by
CONSULTANT; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to add a new section for Emergency Operations Assistance to the Public Works
Department in the event of an emergency.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 11.0 shall be added in its entirety as follows:
EMERGENCY OPERATIONS ASSISTANCE. The following terms and conditions
are hereby agreed to by CONSULTANT in the event of a local or regional
emergency:
a. Report into the City of Dublin Emergency Operations Center (E.O.C.). Contract
personnel assigned to the CITY will make a reasonable effort to report to the City of
Dublin E.O.C. as soon as possible following a local or regional emergency.
b. CONSULTANT shall provide emergency preparedness training at its own expense. All
contract personnel assigned to the CITY shall maintain appropriate emergency training
and certification at all times, such as ATC-20 Damage Assessment Training and
Certification, within 12 months of the execution of this FIRST AMENDMENT.
c. CONSULTANT shall make contract personnel and resources available for emergency
response at the same hourly rates and conditions specified in this AGREEMENT.
d. CONSULTANT acknowledges that emergency response work may require variations
in the work hours and assignments.
2) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all the terms and conditions of the AGREEMENT.
Page 1of3
202
3) All requisite insurance policies to be maintained by the CONSULTANT pursuant to
the AGREEMENT, as may be amended from time to time, shall include coverage for
the original term.
4) The individuals executing this FIRST 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 FIRST AMENDMENT.
SIGNATURES ON THE FOLLOWING PAGE
Page 2 of 3
203
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN
By:
DocuSigned by:
r
Dated:
CJJ 30..r ..V4y
Lin a mi City Manager
12/16/2021
ATTES .DocuSigned by:
By: ! t Qni c7 t
aeei aiou Lr4UH .
Mars a ogre, City Clerk
APPROVED AS TO FORM:
By:
rDocuSigned
by:
—wJJ—'T ty Attorney
PAKPOUR CONSULTING GROUP, INC.
By:
6A52E332D449452
G�....Gly„cd-Bra?uL;. ra4o..,
Joubin Pakpour, P.E.
Page 3 of 3
204
Attachment 19
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE CONTRACTOR SERVICES AGREEMENT WITH
TRI-VALLEY JANITORIAL SERVICE & SUPPLY, INC. FOR JANITORIAL SERVICES AND
SUPPLIES
WHEREAS, on April 20, 2021, the City Council adopted Resolution No. 30-21 approving
an Agreement with Tri-Valley Janitorial Service & Supply, Inc. for janitorial services at City facilities
and at Camp Parks, via the Intergovernmental Services Agreement, for a not -to -exceed amount
of $2,397,977 over a three-year term; and
WHEREAS, the City and Contractor mutually desire to amend the Agreement to extend
the term and increase the compensation amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
herby approve Amendment #1 with Tri-Valley Janitorial Service & Supply, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non -
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 205
Attachment 20
AMENDMENT #1 TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND TRI-VALLEY JANITORIAL SERVICE & SUPPLY,
INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as "CITY")
and Tri-Valley Janitorial Service & Supply, Inc. (hereinafter referred to as "CONTRACTOR")
entered into a Contractor Services Agreement for Janitorial Services (hereinafter referred to
as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the Agreement to
extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to
increase the not to exceed compensation amount to $4,302,219.83, by modifying Section 2 of
the Agreement, and update the scope of work and compensation schedule by modifying Exhibit
A and Exhibit B 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 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2026, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not
affect the City's right to terminate the Agreement, as referenced in Section 8.
Notwithstanding the foregoing this Agreement may be extended on a month to month
basis for up to 6 months upon the written consent of the Contractor and the City Manager,
provided that: a) sufficient funds have been appropriated for such purchase, b) the price
charged by the Contractor for the provision of the serves described in Exhibit A does not
increase. None of the foregoing shall affect the City's right to terminate the Agreement as
provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to
exceed $4,302,219.83, notwithstanding any contrary indications that may be contained in
the Contractor's proposal, for services to be performed and reimbursable costs incurred
under his Agreement. In the event of a conflict between this Agreement and the
Contractor's proposal, 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. Contractor shall submit all invoices to City in the
Services Agreement between
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc.
July 2024
Page 1 of 3
206
manner specified herein. Except as specifically authorized by City, Contractor shall not
bill City for duplicate services performed by more than one person.
3) Exhibit A, the scope of services shall be rescinded in its entirety and replaced, attached
hereto and incorporated herein as Exhibit A.
4) Exhibit B, the compensation schedule shall be rescinded in its entirety and replaced,
attached hereto and incorporated herein as Exhibit B.
5) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
6) All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
7) 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 THE FOLLOWING PAGE
Services Agreement between
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc.
July 2024
Page 2 of 3
207
DocuSign Envelope ID: A639F6BB-C258-4D02-8D0D-5866A8BAD3DA
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN TRI-VALLEY JANITORIAL SERVICE &
SUPPLY, INC.
. �DocuSigned by:
By: By
Linda Smith D'Ambrosio, City Manager Amy Giamona, President
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Services Agreement between
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc.
July 2024
Page 3 of 3
208
EXHIBIT A
SCOPE OF SERVICES
SECTION 1 — GENERAL SERVICE PROVISIONS
A. Work Schedule - Janitorial services shall be provided up to seven (7) days per week at the time specified for
each location. General cleaning shall be performed between the hours of 5:00 PM and 5:00 AM. The available
time schedules for individual facilities are set forth in Attachments 1 through 10 of this Exhibit A. The City
reserves the right, with one (1) week's advance notice, to change schedules. Contractor shall provide twenty-
four (24) hour emergency response, if requested, and shall respond to City within four (4) hours of request for
emergency services. Contractor shall provide a specific monthly schedule of all monthly, quarterly, and
semiannual services by building, giving specific dates. The schedule for the first two (2) months shall be
provided at least five (5) days prior to the first day of the Agreement term as set forth in Section 1.1. The
schedule for the third month, and all subsequent months, shall be provided with each monthly invoice, and the
invoices will not be paid if not accompanied by a cleaning schedule.
Such monthly, quarterly, and annual cleaning services shall be provided on the day stated on the monthly
cleaning schedule; and if such work requires more than one (1) day to conclude, Contractor must complete the
work on successive days. Contractor may request a change to this cleaning schedule with seven (7) days'
advance notice.
B. Holidays - The following twelve (12) days are City holidays on which Contractor may need to provide service.
All City facilities are dynamic due to their programmed use; and some locations will require service on holidays,
as provided below.
New Year's Day Veterans Day
Martin Luther King, Jr.'s Birthday Thanksgiving
Presidents Day Day after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day New Year's Eve
Buildings that may require service during holidays are listed below. The Public Works Manager, or his/her
designee will provide a schedule of which buildings will require holiday service thirty (30) days prior to each
holiday.
• Civic Center
• Dublin Arts Center
• Dublin Heritage Center
• Dublin Heritage Park and Museum
• Public Library
• Public Safety Complex
• Senior Center
• Shannon Community Center
• Wave Aquatic Center
Services Agreement between July 2024
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 1 of 34
209
C. Supplies and Equipment
1. Contractor shall furnish and keep in good working order all necessary tools, equipment and
supplies, including, but not limited to, waxes, soaps, cleaners, mops, brooms, buffers, ladders,
hoses, vacuum cleaners, etc. The Public Works 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 Public Works 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 Public Works Manager or
designee, upon request. Unless otherwise agreed by the City in writing, cleaning products shall
meet the Green Seal-37, EPA Safer Choice, or UL Eco Logo Certified Standards. All janitorial
paper products must be comprised of 51-100% post -consumer recycled content and processed
chlorine -free bleaching (includes products certified by Green Seal, EPA Safer Choice, or UL Eco
Logo). Further information regarding environmental or Green Seal products can be found at
https://certified.areenseal.orq/search?&querv=GS-37.
2. Contractor shall develop and implement Standard Operating Procedures that address:
I. Cleaning and waste collection
II. Equipment operation procedures and maintenance
III. Collection and proper three stream disposal of garbage, recycling, and compost
IV. Communications with management and occupants of the building
3. Contractor shall provide the following products for use at City locations: toilet paper; paper
towels; toilet seat covers; trash can liners; liquid hand soap; and feminine sanitary supplies.
City shall also provide at its expense all utilities, including lights, power and water. Contractor
shall stock and refill all restroom dispensers, as outlined in the applicable sections of this Exhibit
A (Janitorial Cleaning Specifications — Master List, #9 Restrooms, Locker Rooms, Dressing
Rooms and Showers).
D. Supervision
1. Contractor shall provide a supervisor or lead custodian who shall be present during all
scheduled cleaning hours and special work assignments at a City facility. This
individual shall speak, read write, and understand English. All direction given to
Contractor's supervisor shall be as binding as if given to Contractor.
2. Monthly janitorial supervisor's reports shall be prepared and submitted to Public Works
Manager, or his/her designee, noting any building deficiencies needing correction.
3. While performing work under this Agreement, Contractor's supervisor shall carry a cell
phone and pager by which City staff shall be able to communicate with him/her. Other
janitorial staff, at a minimum, should carry pagers and may use City phones designated
by the Public Works 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
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have taken and satisfactorily passed background screening for drug and alcohol use.
5. Contractor's employees, including supervisors and managers, and employees
performing regular service, fill-in work for absences, or any subcontract staff, who enter
the Public Safety Complex, 6363 Clark Avenue, shall have satisfactorily passed a
background investigation through Dublin Police Services. The background check
includes Live Scan processing. Contractor shall be responsible for paying the
Department of Justice fee for the Live Scan processing (at this time, approximately
$100 per person). The City will absorb the staff time cost involved in running the Live
Scan equipment. Contractor is responsible for scheduling these background checks
prior to any of its employees working in the Public Safety Complex. The background
checks must be performed at least two weeks (14 days) prior to the employee entering
the facility.
E. Training - Contractor shall provide ongoing documented training programs for all of Contractor's
staff. Training programs shall include, but not be limited to, quality standards, task definitions,
IIPP plans (Injury and Illness Prevention Program), SDS sheets (Safety Data Sheets), Cal -
OSHA (California Occupational Health and Safety) regulations and all other applicable safety
regulations. Contractor shall provide to the Public Works Manager, 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.
City will provide annual sorting training at a specific location, date, and time to be determined.
F. Employee Conduct - Employees of Contractor, while performing work under this Agreement,
SHALL NOT:
1. Be accompanied in their work area by acquaintances, family members, assistants, or
any other person unless such person is an on -duty authorized Contractor employee.
2. Remove any City property, or property, equipment, monies, forms or any other items
belonging to an employee of the City, from City facilities.
3. Engage in horseplay or loud boisterous behavior.
4. Be under the influence of alcohol or drugs.
5. Gamble.
6. Smoke in any building.
7. Turn on or use any electronic equipment (computers, typewriters, radios, etc.) other
than those supplied by Contractor.
8. Use any City telephones except those designated by the Public Works Manager, or
his/her designee, for the performance of services under thisAgreement.
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.
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G. Emplovee Removal - Contractor shall remove from service on City premises any employee of
Contractor who, in the opinion of the Public Works 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. Emplovee 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. Emplovee Qualifications - Contractor's employees shall be at least eighteen (18) years of age
and thoroughly trained and qualified in the work assigned to them. Contractor's employees shall
be able to follow directions and shall be physically capable of performing the duties assigned to
them, including lifting/moving heavy items, climbing ladders, etc.
All janitorial staff working at any City facility shall be required to submit personal information and
copies of driver's licenses or other valid identification for the purpose of background checks.
Such personnel will also be subject to Live Scan Fingerprinting processing at the contractor's
expense. The City reserves the right to deny access based on information obtained in the
background check through Live Scan Fingerprinting.
J. Reporting and Inspections
1. Building Control Log: Contractor's supervisor or lead custodian shall be responsible for
maintaining building control logs. Contractor's employees shall be responsible for
signing in and out daily on the log. Further, Contractor's employees who provide special
cleaning services are also required to sign in and out for services provided. The
building control logs shall be the focal point for communication between the Contractor
and the City and for sharing work -related comments and issues.
2. Status Reports: If and when unusual circumstances arise, a report shall be given to the
Public Works 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
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Facility Management representatives quarterly to ensure compliance with contract
specifications and shall initiate meetings, as needed, to review work sites and resolve
problems.
4. Timely Billing: Contractor shall provide special cleaning service invoices within
fourteen (14) days of the services being provided. City shall be under no obligation to
pay any invoice which is submitted to Public Works Manager more than thirty (30) days
beyond completion of special cleaning services.
K. Work Performance - Contractor shall adhere to the highest quality standards of the janitorial
profession and the City's cleaning standards as communicated by the Public Works Manager,
or his/her designee, and set forth in this Agreement. Contractor shall immediately verbally notify
the Public Works Manager, or his/her designee, of any occurrence or condition that interferes
with its ability to be in full compliance with Agreement requirements and shall confirm such verbal
notification in writing within twenty-four (24) hours.
L. Special Assignments - City may request janitorial services for special events not covered in
the scope of services under this agreement and outside the normal scheduled cleaning hours
as outlined herein. City may request these special services up to, but not later than, forty-eight
(48) hours prior to the event. If the required services are outside Contractor's normal cleaning
schedule, payment shall be made on the basis of the hourly rate and, if applicable, minimum
number of hours as set forth in Exhibit B.
M. Emergency Work - "Emergency work" is defined as any work beyond the general routine
janitorial work required by this agreement. Emergency work shall require a shortened Contractor
response time of between two (2) and four (4) hours, depending upon the nature of said work.
Contractor shall have sufficient labor and call -out procedures to ensure that staffing is available
for this type of unplanned requirement. The City of Dublin will work closely with Contractor to
develop a procedure for reacting to emergency situations. Compensation for "Emergency Work"
shall be in accordance with the hourly rate for Special Assignments as described above.
N. Storage - Contractor may use City janitorial closets, if available; and if utilized, Contractor shall
keep this space in a neat, clean, odor free, and orderly condition. The City will not be responsible
in any way for damage to or loss of Contractor's stored supplies and/or equipment or for
Contractor's employees' personal belongings stored in any City janitorial closets. As noted in
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.
0. Security - Contractor shall be required to have available the keys or security access cards
provided by the City at all times while providing service to the City. All doors shall be unlocked
and locked in such manner and at such times as required by each building's specifications.
Contractor shall be responsible for ensuring that all doors are closed and locked during its
performance of janitorial duties. Lost keys or security access cards shall be immediately reported
to the Public Works Manager, or his/her designee, and charged to Contractor at the rate of
$50.00 per key or security access card. In addition, Contractor shall reimburse City for all costs
associated with re -keying any or all locks necessitated by lost keys in his/her control.
Contractor's employees shall NOT set off, or fail to reset, a building alarm, as instructed. Such
false alarms or failure to reset an alarm shall cause the City to incur damages, and Contractor
shall be charged liquidated damages of One Hundred Fifty Dollars ($150) per event.
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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 the Public Works Manager, or his/her designee, immediately. For non -
emergency repairs, Contractor shall report all required non -emergency repairs by contacting the
Public Works Manager, or his/her designee.
Q. Energy Conservation - Unless otherwise specified by Public Works 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 Contracting with the Public Works Manager, or his/her designee, for removal
methodology. Graffiti noticed on the outside of any building shall be reported to Public Works
Manager, or his/her designee.
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SECTION 2 — REQUIRED SERVICES
The services to be provided under this Agreement are listed in Exhibit A Section 2. In some instances,
services may differ among the various facilities. The following buildings are included in this agreement:
• Civic Center, 100 Civic Plaza (Includes City Hall, Dublin Arts Center, and portable building in parking lot)
• Library, 200 Civic Plaza
• Senior Center, 7600 Amador Valley Boulevard
• Shannon Community Center, 11600 Shannon Avenue
• Heritage Center (historical schoolhouse and church), 6600 Donlon Way
• Heritage Park and Museum, 11285 Dublin Boulevard
• Wave Aquatic Center, 2401 Central Parkway
• Corporation Yard, 5709 Scarlett Court
• Public Safety Complex, 6363 Clark Avenue
• Camp Parks (38 buildings)
Following is a master list of services required under this Agreement. Not all services are required at all
buildings; a specific breakdown is provided for each facility in Exhibit A Attachments 1 through 10.
1. Flooring
a. Vinyl, linoleum, terrazzo, or concrete floors (sweep) — Sweep with an anti -dust mop.
b. Vinyl, linoleum, terrazzo, or concrete floors (damp or wet mop) — Use warm water with good
quality cleaner that leaves no visible or sticky cleaner residue, when dry. Remove all scuff and
surface marks. Rinse, if necessary, with clear warm water, and clean mop. Wipe any and all
baseboards free of moisture and dirt. Protect all wall surfaces. Buff all tile floors, as required.
c. Vinyl and linoleum (clean and wax floors — traffic areas) — Dust entire floor and corners with
treated mop. Damp mop and remove any spot or stains. Allow flooring to dry completely. Apply
wax in traffic areas only, feathering out to corners. Corners shall be waxed only as part of
complete stripping process (see below).
d. Vinyl and linoleum (strip) — Strip completely and wax, including corners.
e. Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs (sweep) —
Sweep surfaces.
f. Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs (damp mop) —
Use a dedicated mop and good -quality cleaner recommended for marble, slate, granite,
ceramics and travertine. The floors shall be free of dust, dirt, cleaning material residue, streaks,
mop strands, grease, and spills and thoroughly maintained to present an acceptable gloss.
Protect all walls from splashing and wipe off any moisture or chemicals from all baseboards.
Polish wood molding, if necessary, to prevent moisture damage.
g. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (strip, seal) — Apply
stripping solution. Machine scrub (conventional machine) and wet vacuum stripping. This shall
be followed by an application of a neutralizer rinse, followed by a damp mopping with clear water.
When floor is dry, apply finish or sealer. Protect all wall finishes and wipe down all baseboards
to be free of moisture and residue. Polish, as needed.
h. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (refinishing) — Refinish
as follows: Use a conventional (buffer) machine with a 3M blue cleaning pad and a trigger spray
bottle with clean water to buff. Let floor dry. Follow with a dust mopping and then a damp
mopping. Let floor dry. Apply two (2) coats of floor finish. Be sure floor is thoroughly dry between
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coats. Within twenty-four (24) hours of last application of finish, burnish with a high-speed buffing
machine (1,100 rpm).
2. Hardwood Floors and Carpeting
a. Hardwood floors for gymnasiums, ballrooms, or dance floors (dust mopping) — Use a
dedicated dust mop on hardwood floors with "Super Hil-Tone Dust" mop treatment,
manufactured by Hillard (or equivalent). The mop shall be treated per manufacturer's
instructions.
b. Hardwood floor surfaces (wet mopping) — Use a dedicated wet mop with Hillard Super Shine
All Cleaner (or equivalent; specific products required for Senior Center bamboo wood flooring
and floor machine.
NOTE — D0 NOT USE the same mop for damp mopping and for applying the finish.
c. Carpet and mats (vacuum traffic areas) — These areas include main entries and all doors,
elevator lobbies, elevators, areas where food is available, main corridors in buildings, and open
landscaped areas. Vacuum traffic areas. Move all chairs, trashcans, and other easily removed
items, and vacuum underneath. Hand wipe baseboards.
d. Carpet and mats (vacuum all areas, including edges and corners) — Vacuum with an
industrial -powered vacuum cleaner and inspect for spots. Remove spots, following the
manufacturer's recommendations completely, with an approved industrial -grade spot remover
that leaves no visible residue. Report to the Public Works Manager, 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.
h. Clean Back Porch of Kolb House— Sweep and clean back porch and steps free from debris.
3. Doors and Entrances
a. Doors and entrances (clean and polish) — Clean and polish interior and exterior surfaces to a
height of 8', removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils, or
accumulations from these areas. On a regular basis, inspect all doors and entrances; and clean
doors and entrances across the entire width of the entrance front, as required.
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
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a. Dusting — Remove all accumulated dust, dirt, debris, and cobwebs from all surfaces, corners,
shelving crevices, office desks, bookcases, tables, partition tops, window ledges and baseboards.
Use treated mops and cloths to help prevent the redistribution of same into the air. Desktops shall
be dusted only if papers have been removed.
b. Dusting (high dusting) — Remove all accumulated dust, dirt, and debris from the surfaces,
corners, crevices, light fixtures, partition tops, window ledges, door frames, jambs, and blinds.
Use treated mops and cloths to help prevent the redistribution of same in the air. Blind slats shall
be individually cleaned. Remove cobwebs inside rooms, corners, and ceilings. Clean HVAC vents
and ceiling tiles.
c. Wastebaskets — Empty wastebaskets and replace liners. Empty recycling containers in individual
offices and common areas. Material from recycling containers shall be kept separate from other
trash and placed in appropriate bins. Remove all other boxes, cardboard, and containers which
are designated as "trash" and place in the designated dumpster. Break down all cardboard boxes
before discarding in dumpster. Large recycling bins inside facilities (for example, in the Civic
Center mail room and lunchroom) may be emptied by others; contractor should verify with the
Facility Manager for each facility where trash and recyclable material is to be taken.
d. Wastebasket/trash containers (wash and disinfect) — Clean and disinfect all wastebaskets
and trash containers in all interior and exterior locations.
e. Artificial Plants — Clean to remove dust and other debris.
6. Elevators
a. Elevator (clean and polish) — Remove all finger and handprints, grease, oils, smudges, or
marks. Polish interior walls, ceilings, and doors inside and outside. Vacuum carpet and elevator
door tracks. Spot clean carpet or flooring, as necessary, to remove stains and odors.
7. Stairwells, Exterior and Interior
a. Staircases, balustrades, and railings (dust and wipe) — Dust and wipe all staircase areas,
including all railings and areas around and underneath stairs. Vacuum carpeted areas, and spot
clean carpet.
b. Stairwells — Sweep, damp mop, and spot clean.
8. Offices
a. Wooden furniture (clean and polish) — Clean and polish all wooden furniture with approved
polish. Do not disturb any paperwork on desks, tables, and files.
b. Formica and metal desks (clean all) — Clean all tables, stands, chairs, filing cabinets, locker
tops and fronts. Do not disturb paperwork.
c. Wood fixtures (polish) — Polish all wooden walls, doors, handrails, and all accents.
d. White boards and pen rails (clean) — Wash and clean (only if boards are erased).
e. Fabric or carpeted wall coverings (dust and/or vacuum, spot clean) — With a soft brush,
dust all fabric and/or carpeted walls to maintain a neat and clean appearance. Vacuum all areas
where a traffic pattern is evident. Spot clean areas per manufacturer's specifications for wall
covering. Damp wipe vinyl. Cloth fabrics require chemical cleaner to remove spots.
f. Light switches (clean and disinfect) — Use a damp cloth to remove all smudges, fingerprints,
and dirt. Apply disinfectant.
g. Light fixtures (clean all) — Dust all with treated cloth. Vacuum and damp wipe, if necessary, to
remove all accumulated dust and dirt.
h. HVAC vents and diffusers (clean all) — Vacuum and clean with disinfectant. Vacuum
adjacent ceiling tiles and areas.
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9. Restrooms, Locker Rooms, Dressing Rooms, and Showers
a. Restrooms (clean, disinfect, restock supplies) — Clean and disinfect all urinals, toilets,
partitions, and plumbing. Damp mop floors with disinfectant. Clean and polish chrome and
stainless fixtures. Clean, disinfect, and deodorize interior and exterior of sanitary napkin
depositories. Replace disposal bags and plastic trash liners. Clean mirrors to be streak -free.
Install disinfectant in floor drains and deodorizers in urinals. Fill all dispensers (soap, toilet paper,
seat covers, paper towels, sanitary supplies, and deodorizers). Inspect lighting for satisfactory
operation. Report to the Public Works Manager or his/her designee, all lights that are not working
properly.
b. Showers (clean, disinfect) — Clean and disinfect all walls, floors and curtains. Entire area shall
be free of soap scum, fungi, hair, urine deposits, and unpleasant odors. Floors and tiled areas
shall be free of streaks and mildew.
c. Locker rooms or dressing rooms - Install disinfectant in floor drains. Disinfect HVAC vents,
and clean mirrors to be streak -free. Wax floors to maintain original appearance. Vacuum all carpet
areas and remove all stains. Clean and disinfect lockers inside and outside, if unlocked. Do not
disturb personal belongings.
10. Kitchen or Coffee Bar Areas
a. Kitchen/breakroom floors (degrease and disinfect) — Mop all kitchen floors with disinfectant.
Refinish, if necessary, to maintain original appearance.
b. Kitchen/breakroom/coffee bar sinks, counters, and appliances (wash and disinfect) —
Include all kitchen tabletops in area and generally clean up all stainless steel or laminate surfaces.
c. Cabinets, sinks, and appliances (degrease, disinfect, and polish) — Specific to facilities with
"working cooking kitchens." Includes refrigerators, stoves, stove hoods, ovens, griddles,
dishwashers, microwaves, and all stainless steel.
d. Kitchen Vent Hoods Over Stoves — Degrease, clean, and polish.
e. Kitchen Anti Fatigue Mats — Degrease, disinfect, rinse, and dry.
f. Kitchen Floor Drains — Degrease and clean the floor drains / catch basins in kitchen floor.
11. Special Areas
a. Bleachers (clean all surfaces) — Clean all areas around and under bleachers. Damp mop
bleacher seats.
b. 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.
c. Exercise rooms — Wipe down, clean, deodorize, and disinfect all exercise apparatus and mats.
Remove and replace mats in same locations to ensure proper fit.
d. Personal computers and TV's — Dust with anti -static cloth.
e. City refrigerators — Clean as specified for individual facilities.
f. Window blinds — Dust and damp wipe blinds with a treated cloth to prevent redistribution of dust
into the air.
g. Vending machines — Clean vending machine surfaces and sweep or dust mop under the
machines.
h. Tile -Grout- Clean tile and grout
i. Ceramic room- Detailed cleaning of pottery equipment and workstations
j. Art room- Detailed cleaning of arts and crafts equipment and workstations
SECTION 3 — GENERAL PROVISIONS
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A. Liquidated Damages
When Contractor fails to perform, as specified, the services required in this agreement, the City will
have been damaged by that lack of performance. Since it is difficult to define the amount of damage
caused, Contractor shall agree to the following liquidated damages:
1. If trained personnel do not report to provide the services required by this Agreement, the
City will incur damages; and liquidated damages of One Hundred Fifty and no/100 Dollars
($150.00) per occurrence will be deducted from payments due the Contractor. Contractor
will be notified of the assessment of liquidated damages by telephone or email 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 email within twenty-four (24) hours of the failure
to perform, and performance shall be required within twenty-four (24) hours after receipt of
such notice. If the performance failure is not corrected within twenty-four (24) hours of
receipt of notice, the City will incur damages; and liquidated damages of One Hundred Fifty
and no/100 Dollars ($150.00) per occurrence will be deducted from payments due the
Contractor.
3. Liquidated damages of One Hundred Fifty and no/100 Dollars ($150.00) per occurrence will
continue to be deducted from payments due the Contractor until the performance failure is
remedied.
B. Subcontracting - No portion of the services provided pursuant to this Agreement may be
subcontracted or assigned without prior approval of the City of Dublin. Requests to subcontract all or
any portion of services required by this Agreement shall be submitted to the City's Public Works
Manager, or his/her designee, at least thirty (30) days in advance of the proposed effective date of
the subcontract. Contractor shall include in this written request a detailed description of how the
Contractor plans to oversee the services performed by the proposed subcontractor. Contractor shall
be responsible for services provided by any subcontractor as if Contractor were providing the services
with its own organization. Any subcontractor who will provide services inside the Police Facility shall
have successfully passed a background check as described above prior to commencing work in that
building. Contractor shall bear the expense of any subcontractor background checks.
C. Labor Strike - Contractor shall be responsible for its own labor relationships and shall negotiate and
be responsible for resolving any and all disputes between itself and its employees or any union
representing its employees. Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying, will delay, or threatens to delay, the timely performance of services under this
Agreement, Contractor shall immediately give written notice thereof to the City's Public Works
Manager, or his/her designee. It shall be the Contractor's responsibility to provide continuous
services, without interruption, to all buildings and facilities specified herein throughout the term of the
Agreement. In the event of a labor strike, Contractor shall provide the means, at Contractor's cost, to
provide continuous services in full compliance with Agreement requirements. Failure to do so will
cause the City to take whatever action is necessary to provide the services. If, in doing so, City incurs
costs in excess of those that would have been paid to the Contractor for the same services, these
excessive costs shall be paid by the Contractor.
D. Pricinq - 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.
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E. Terms of Payment - Payment shall be made within thirty (30) days from the date of receipt of invoice
or acceptance of work, whichever occurs last. If City is entitled to a prompt payment discount, the
period of computation shall commence on the date of receipt of invoice or acceptance of work by
City, whichever occurs last. City shall endeavor to pay each invoice within thirty (30) days but shall
not be responsible to Contractor for additional charges, interest or penalties due to failure to pay
within that period.
F. Warranty - Contractor warrants that the work performed under this Agreement complies with all
specifications and that workmanship is free from defects. If any portion of the work has not been
completely described in this Agreement, it shall comply with nationally recognized codes and
established industry standards. Contractor agrees that the aforementioned warranties shall be in
addition to any warranties provided by law or offered by Contractor.
G. Extra or Additional Work - Contractor shall perform no extra or additional work or alter or deviate
from the work specified in this Agreement unless agreed in writing by City in advance of performance
of the work. Payment for extra or additional work shall be made on the basis of the hourly rate and,
if applicable, minimum number of hours as set forth in Exhibit B.
H. Force Majeure - Neither party to the Agreement shall be held responsible for delay or default caused
by fire, riot, acts of God, and/or war which is beyond that party's reasonable control. City may
terminate the Agreement upon written notice after determining such delay or default will reasonably
prevent successful performance of the Agreement.
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ATTACHMENT 1
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Civic Center, City Hall, 100 Civic Plaza
Estimated Building Size: 31,800 SF
Cleaning Frequency: 5 days per week, Monday — Friday
Janitorial Cleaning Hours: 5:00 PM to 5:00 AM
Frequency Task See Section 2
"Required Services"
Daily Vinyl, linoleum, terrazzo, or concrete floors - sweep and/or damp/wet mop all floors la, lb
Carpet and mats - vacuum traffic areas, staircases, and workspaces 2c
Carpet spot cleaning and removal - (as necessary) 2e
Graffiti - remove all marks and writing 2f
Drinking fountains - clean, disinfect, and polish 3b
Telephones (all phones) - clean and disinfect 3c
Dusting - all tabletops, office desks, and filing cabinets, and other surfaces 5a
Wastebaskets - empty and reline 5c
Elevators - clean and polish 6a
Restrooms - clean, disinfect, and restock supplies 9a
Kitchen/breakroom floors - degrease and disinfect 10a
Kitchen/breakroom/coffee bar sinks and counters - degrease and disinfect 10b
Weekly Broom sweep receiving/file room concrete floor 1 b
Carpet and mats - vacuum all areas, including edges and corners 2d
Walls, doors and molding - remove fingerprints, smudges and dirt 2g
Doors and entrances - clean and polish, remove fingerprints and smudges 3a
Clean stair handrails 7a
Wash white boards and pen rails (if erased) 8d
Cabinets, sinks and appliances - degrease, disinfect and polish 10c
Bi-Weekly Clean tile grout 11 h
Monthly Vinyl and linoleum - clean and wax floors - traffic areas lc
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 11 b
City refrigerators - clean 11 e
Monitors and TVs 11d
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City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 13 of 34
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Quarterly
Window blinds - wipe down and clean
Vinyl and linoleum - strip completely and wax
Wastebasket/trash containers - wash and disinfect
Artificial plants — Clean to remove dust and other debris
Light fixtures - clean all
HVAC vents and diffusers - clean all
Vending machines — clean machines and sweep/dust mop underneath
Semi -Annually Stone, marble, slate, granite, ceramic tile, travertine floors, stairs - strip and seal
11f
1d
5d
5e
8g
8h
11g
1g
Services Agreement between July 2024
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ATTACHMENT 2
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Civic Center, Dublin Arts Center, 100 Civic Plaza
Estimated Building Size: 19,700 SF
Cleaning Frequency: City Offices Upstairs 5 days a week. Events Downstairs 7 days a week
Janitorial Cleaning Hours: 9PM to 5:00 AM
Frequency Task See Section 2
"Required Services"
Daily Vinyl, linoleum, terrazzo, or concrete floors - sweep and/or damp/wet mop all floors la, lb
Carpet and mats - vacuum traffic areas, staircases, and workspaces 2c
Carpet spot cleaning and removal - (as necessary) 2e
Graffiti - remove all marks and writing 2f
Drinking fountains - clean, disinfect, and polish 3b
Telephones (all phones) - clean and disinfect 3c
Glass and windows - building entrances, lobby areas, etc. 4a
Dusting - all tabletops, office desks, and filing cabinets, and other surfaces 5a
Wastebaskets - empty and reline 5c
Elevators - clean and polish 6a
Restrooms - clean, disinfect, and restock supplies 9a
Showers and locker rooms - clean and disinfect 9b, 9c
Kitchen/breakroom floors - degrease and disinfect 10a
Kitchen/breakroom/coffee bar sinks and counters - degrease and disinfect 10b
Weekly Carpet and mats - vacuum all areas, including edges and corners 2d
Walls, doors, and molding - remove fingerprints, smudges, and dirt 2g
Doors and entrances - clean and polish, remove fingerprints and smudges 3a
Clean stair handrails 7a
Wash white boards and pen rails (if erased) 8d
Cabinets, sinks and appliances - degrease, disinfect and polish 10c
Exercise rooms - clean and deodorize 11 c
Detailed cleaning of pottery equipment and workstations 11 i
Detailed cleaning of arts and crafts equipment and workstations 11j
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
Wood fixtures - polish 8c
Fabric or carpeted wall coverings - dust and/or vacuum, spot clean 8e
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Light switches - Clean and disinfect 8f
Janitorial closets - clean, organize, stock, and keep odor -free 11 b
Window blinds - wipe down and clean 11f
Monitors and TVs 11d
City refrigerators - clean 11 e
Quarterly Vinyl and linoleum - strip completely and wax 1d
Stone, marble, slate, granite, ceramic tile, travertine floors, stairs - strip and seal 1 g
Wastebasket/trash containers - wash and disinfect 5d
Light fixtures - clean all 8g
HVAC vents and diffusers - clean all 8h
Services Agreement between July 2024
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ATTACHMENT 3
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Library, 200 Civic Plaza
Estimated Building Size: 38,215 SF (entire Library)
Cleaning Frequency: 6 days per week, Monday — Sunday (except Fridays)
Janitorial Cleaning Hours: 11:00 PM to 5:00 AM
Frequency Task
See Section 2 "Required
Services"
Daily Vinyl, linoleum, terrazzo, or concrete floors - sweep 1 a
Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs - sweep 1 e
Carpet and mats - vacuum traffic areas, staircases, and workspaces 2c
Carpet spot cleaning and removal - (as necessary) 2e
Graffiti - remove all marks and writing 2f
Drinking fountains - clean, disinfect, and polish 3b
Telephones (all phones) - clean and disinfect 3c
Dusting - all tabletops, office desks, and filing cabinets, and other surfaces 5a
Wastebaskets - empty and reline 5c
Restrooms - clean, disinfect, and restock supplies 9a
Kitchen/breakroom/coffee bar sinks and counters - degrease and disinfect 10b
Weekly Vinyl, linoleum, terrazzo, or concrete floors - damp/wet mop 1 b
Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs damp/wet mop 1f
Carpet and mats - vacuum all areas, including edges and corners 2d
Walls, doors, and molding - remove fingerprints, smudges, and dirt 2g
Doors and entrances - clean and polish, remove fingerprints and smudges 3a
Glass and windows - building entrances, lobby areas, etc. 4a
Wash white boards and pen rails (if erased) 8d
Cabinets, sinks and appliances - degrease, disinfect and polish 10c
Monthly Dusting - high dusting 5b
Wooden furniture - clean and polish 8a
Formica and metal desks - clean all 8b
Wood fixtures - polish 8c
Light switches - Clean and disinfect 8f
Janitorial closets - clean, organize, stock, and keep odor -free 11 b
Quarterly Vinyl and linoleum - clean and wax floors - traffic areas 1 c
Stone, marble, slate, granite, ceramic tile, travertine floors, stairs - strip and seal 1 g
Wastebasket/trash containers - wash and disinfect 5d
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Light fixtures - clean all 8g
HVAC vents and diffusers - clean all 8h
Personal computers - clean with anti -static cleaner 11d
Window blinds - wipe down and clean 11f
Semi- Vinyl and linoleum - strip completely and wax 1d
Annually
City refrigerator in office area - clean and disinfect. 11 e
Annually Stone, marble, slate, granite and ceramic tile, travertine floors, stairs - refinish 1 h
Services Agreement between July 2024
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 18 of 34
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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 and Saturday until 12PM
Janitorial Cleaning Hours: 10:30 PM to 5:00 AM; Weekends as needed following special events
Frequency Task
See Section 2 "Required
Services"
Daily Vinyl, linoleum, terrazzo, or concrete floors - sweep and/or damp/wet mop all floors la, lb
Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs - sweep 1 e
Hardwood floor in ballroom - sweep and dust mop on Tue/Thu 2a
Hardwood floor in ballroom - damp/wet mop on Mon/Wed/Fri 2b
Carpet and mats - vacuum traffic areas, staircases, and workspaces 2c
Carpet spot cleaning and removal - (as necessary) 2e
Graffiti - remove all marks and writing 2f
Drinking fountains - clean, disinfect, and polish 3b
Telephones (all phones) - clean and disinfect 3c
Dusting - all tabletops, office desks, and filing cabinets, and other surfaces 5a
Wastebaskets - empty and reline 5c
Restrooms - clean, disinfect, and restock supplies 9a
Kitchen/breakroom floors - degrease and disinfect 10a
Kitchen/breakroom/coffee bar sinks and counters - degrease and disinfect 10b
Weekly Vinyl, linoleum, terrazzo, or concrete floors - damp/wet mop 1 b
Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs - damp/wet mop 1f
Carpet and mats - vacuum all areas, including edges and corners 2d
Walls, doors, and molding - remove fingerprints, smudges, and dirt 2g
Doors and entrances - clean and polish, remove fingerprints and smudges 3a
Glass and windows - building entrances, lobby areas, etc. 4a
Wash white boards and pen rails (if erased) 8d
Cabinets, sinks and appliances - degrease, disinfect and polish 10c
Kitchen anti -fatigue mats - degrease and disinfect on Fridays 10e
Kitchen floor drains - degrease and clean on Fridays 10f
Monthly Dusting - high dusting 5b
Wooden furniture - clean and polish 8a
Formica and metal desks - clean all 8b
Wood fixtures - polish 8c
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Light switches - Clean and disinfect 8f
Janitorial closets - clean, organize, stock, and keep odor -free 11 b
Kitchen vent hoods over stoves - degrease, clean and polish 10d
Quarterly Vinyl and linoleum - strip completely and wax 1d
Stone, marble, slate, granite, ceramic tile, travertine floors, stairs - strip and seal 1 g
Wastebasket/trash containers - wash and disinfect 5d
Artificial plants — Clean to remove dust and other debris 5e
Light fixtures - clean all 8g
HVAC vents and diffusers - clean all 8h
Personal computers - clean with anti -static cleaner 11d
Window blinds - dust and damp wipe 11f
Semi -
Annually
Vinyl and linoleum - strip completely and wax
City refrigerator in office area - clean and disinfect.
1d
11e
Annually Stone, marble, slate, granite and ceramic tile, travertine floors, stairs - refinish 1 h
Services Agreement between July 2024
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ATTACHMENT 5
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Wave Aquatic Center
Estimated Building Size: 30,000 SF
Cleaning Frequency: 7-days per week
Janitorial Cleaning Hours: 9:00 PM to 5:00 AM
Frequency
Task
See Section 2 "Required
Services"
Daily Vinyl, linoleum, terrazzo, or concrete floors - sweep and/or damp/wet mop all floors
Tile hallway area - scrub machine* and disinfect
Carpet and mats - vacuum traffic areas, staircases, and workspaces
Graffiti - remove all marks and writing
Drinking fountains - clean, disinfect, and polish
Telephones (all phones) - clean and disinfect
Dusting - all tabletops, office desks, and filing cabinets, and other surfaces
Wastebaskets - empty and reline
Restrooms - clean, disinfect, and restock supplies
Showers - clean, scrub machine*, clear drain strainers and disinfect
Locker rooms and dressing rooms - clean, scrub machine*, disinfect
Weekly Stone, marble, ceramic and slate floors - thoroughly scrub using machine
Walls, doors, and molding - remove fingerprints, smudges, and dirt
Doors and entrances - clean and polish, remove fingerprints and smudges
Glass and windows - building entrances, lobby areas, etc.
Restroom stall dividers - clean and disinfect
Kitchen/breakroom/coffee bar sinks and counters - degrease and disinfect
Cabinets, sinks and appliances - degrease, disinfect and polish
Monthly Dusting - high dusting
Wooden furniture - clean and polish
Formica and metal desks - clean all
Wood fixtures - polish
Light switches - Clean and disinfect
Showers - deep clean shower stalls
Janitorial closets - clean, organize, stock, and keep odor -free
City refrigerators - clean
Tri annually Wastebasket/trash containers - wash and disinfect
Light fixtures - clean all
la, 1b
1f
2c
2f
3b
3c
5a
5c
9a
9b
9c
1f
2g
3a
4a
9a
10b
10c
5b
8a
8b
8c
8f
9b
1 1 b
1 1 e
5d
8g
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Bleachers -clean all surfaces 1 1 a
Personal computers - clean with anti -static cleaner 1 1 d
Window blinds - dust and damp wipe 1if
PEAK SEASON is from Memorial Day through Labor Day, where more attention to all areas is required.
* Use scrubber machine(s) provided by City of Dublin. Contractor is expected to maintain and clean the machines after
every use for cleaning floors.
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City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 22 of 34
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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
Frequency Task See Section 2 "Required Services"
DailyVinyl, linoleum, terrazzo, or concrete floors - sweep and/or damp/wet mop all l a, lb
floors
Hardwood floors - sweep and dust mop 2a
Carpet and mats - vacuum traffic areas, staircases, and workspaces 2c
Carpet spot cleaning and removal - (as necessary) 2e
Graffiti - remove all marks and writing 2f
Dusting - all tabletops, office desks, and filing cabinets, and other surfaces 5a
Wastebaskets - empty and reline 5c
Restrooms - clean, disinfect, and restock supplies 9a
Weekly Vinyl, linoleum, terrazzo, or concrete floors - damp/wet mop 1 b
Hardwood floors - damp/wet mop 2b
Carpet and mats - vacuum all areas, including edges and corners 2d
Walls, doors, and molding - remove fingerprints, smudges, and dirt 2g
Doors and entrances — clean and polish, remove fingerprints and smudges 3a
Glass and windows — building entrances, lobby areas, etc. 4a
Monthly Dusting — high dusting 5b
Formica and metal desks — clean all 8b
Light switches — Clean and disinfect 8f
Janitorial closets — clean, organize, stock and keep odor -free 11 b
Quarterly Vinyl and linoleum — strip completely and wax ld
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 11 d
Window blinds — dust and damp wipe 11f
Semi -
Annually
Vinyl and linoleum — strip completely and wax 1d
Note: Due to nature and historical value of the Heritage Center, Contractor must receive approval from Museum
Director for all cleaning products prior to use.
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ATTACHMENT 7
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
Sunday School Barn: 1327 SF
Frequency Task
Daily Hardwood floors — sweep and dust mop
Wastebaskets — empty and reline
See Section 2 "Required Services"
2a
5c
Weekly Walls, doors, and molding — remove fingerprints, smudges, and dirt 2g
Doors and entrances — clean and polish, remove fingerprints and smudges 3a
Glass and windows — building entrances, lobby areas, etc. 4a
Dusting — all tabletops, office desks, and filing cabinets, and other surfaces 5a
Monthly Vinyl and linoleum — strip completely and wax ld
Dusting — high dusting 5b
Light switches — Clean and disinfect 8f
Janitorial closets — clean, organize, stock, and keep odor -free 11 b
Light fixtures — clean all 8g
Quarterly HVAC vents and diffusers — clean all 8h
Restrooms: 289 sa. ft.
Frequency Task
See Section 2 "Required
Services"
Daily Vinyl, linoleum, terrazzo, or concrete floors — sweep and/or damp/wet mop all floors 1 a, 1 b
Doors and entrances — clean and polish, remove fingerprints and smudges 3a
Wastebaskets — empty and reline 5c
Restrooms — clean, disinfect, and restock supplies 9a
Weekly Walls, doors, and molding — remove fingerprints, smudges, and dirt 2g
Glass and windows — building entrances, lobby areas, etc. 4a
Dusting — all tabletops, office desks, and filing cabinets, and other surfaces 5a
Monthly Dusting — high dusting 5b
Wastebasket/trash containers — wash and disinfect 5d
Light switches — Clean and disinfect 8f
Janitorial closets — clean, organize, stock, and keep odor -free 11 b
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City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 24 of 34
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Quarterly
Light fixtures — clean all
HVAC vents and diffusers — clean all
Ceramics/Art Studio: 330 sq. ft.
8g
8h
Frequency Task See Section 2 "Required Services"
Dail Vinyl, linoleum, terrazzo, or concrete floors — sweep and/or damp/wet mop all 1 a, 1 b
y floors
Dusting — all tabletops, office desks, and filing cabinets, and other surfaces 5a
Wastebaskets — empty and reline 5c
Weekly Walls, doors, and molding — remove fingerprints, smudges, and dirt 2g
Glass and windows — building entrances, lobby areas, etc. 4a
Doors and entrances — clean and polish, remove fingerprints and smudges 3a
Monthly Light switches — Clean and disinfect 8f
Quarterly Light fixtures — clean all 8g
Wastebasket/trash containers — wash and disinfect 5d
HVAC vents and diffusers — clean all 8h
Kolb House: 2304 sq. ft.
Frequency Task See Section 2 "Required Services"
Weekly
Vinyl, linoleum, terrazzo, or concrete floors — sweep and/or damp/wet mop all 1 a, 1 b
floors
Back Porch — sweep and clean 2h
Carpet and mats — vacuum all areas, including edges and corners 2d
Carpet spot cleaning and removal — (as necessary) 2e
Walls, doors, and molding — remove fingerprints, smudges, and dirt 2g
Doors and entrances — clean and polish, remove fingerprints and smudges 3a
Glass and windows — building entrances, lobby areas, etc. 4a
Dusting — windowsills and furniture 5a
Wastebaskets — empty and reline 5c
Restrooms — clean, disinfect, and restock supplies 9a
Kitchen/breakroom/coffee bar sinks and counters — disinfect with light solution 10b
Monthly Dusting — high dusting 5b
Light switches — Clean and disinfect 8f
Janitorial closets — clean, organize, stock, and keep odor -free 11 b
Wastebasket/trash containers — wash and disinfect 5d
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Quarterly
Light fixtures — clean all
HVAC vents and diffusers — clean all
8g
8h
Note: Due to nature and historical value of the Heritage Center, Contractor must receive approval from Museum
Director for all cleaning products prior to use.
Services Agreement between July 2024
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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: City staff area 5 days a week/ Event Areas 7 days a week
Janitorial Cleaning Hours: 10:00 PM to 5:00 AM; Weekends as needed following special events.
Frequency Task See Section 2 "Required Services"
Daily Hardwood floor — sweep and/or dust mop 2a
Carpet and mats — vacuum traffic areas, staircases, and workspaces 2c
Carpet spot cleaning and removal — (as necessary) 2e
Graffiti — remove all marks and writing 2f
Drinking fountains — clean, disinfect, and polish 3b
Telephones (all phones) — clean and disinfect 3c
Dusting — all tabletops, office desks, and filing cabinets, and other surfaces 5a
Wastebaskets — empty and reline 5c
Restrooms — clean, disinfect, and restock supplies 9a
Kitchen/breakroom floors — degrease and disinfect 10a
Kitchen/breakroom/coffee bar sinks and counters — degrease and disinfect 10b
Weekly Vinyl, linoleum, terrazzo, or concrete floors — damp/wet mop 1 b
Walls, doors, and molding — remove fingerprints, smudges, and dirt 2g
Doors and entrances — clean and polish, remove fingerprints and smudges 3a
Glass and windows — building entrances, lobby areas, etc. 4a
Wash white boards and pen rails (if erased) 8d
Cabinets, sinks and appliances — degrease, disinfect and polish 10c
Kitchen anti -fatigue mats — degrease and disinfect on Fridays 10e
Kitchen floor drains — degrease and clean on Fridays 10f
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 11 b
Kitchen vent hoods over stoves — degrease, clean and polish 10d
Quarterly Vinyl and linoleum — strip completely and wax 1 d
HVAC vents and diffusers — clean all 8h
Annually Stone, marble, slate, granite and ceramic tile, travertine floors, stairs — refinish 1 h
Services Agreement between July 2024
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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: 5 days per week Monday -Friday
Janitorial Cleaning Hours: 5:00 PM to 5:00 AM
Frequency
Task See Section 2 "Required Services"
Daily Vinyl, linoleum, terrazzo, or concrete floors — sweep la
Carpet and mats — vacuum traffic areas, staircases, and workspaces 2c
Carpet spot cleaning and removal — (as necessary) 2e
Graffiti — remove all marks and writing 2f
Telephones (all phones) — clean and disinfect 3c
Drinking fountains — clean, disinfect, and polish 3b
Dusting — all tabletops, office desks, and filing cabinets, and other surfaces 5a
Wastebaskets — empty and reline 5c
Restrooms — clean, disinfect, and restock supplies 9a
Weekly Vinyl, linoleum, terrazzo, or concrete floors — damp/wet mop floors 1 b
Carpet and mats — vacuum all areas, including edges and corners 2d
Walls, doors, and molding — remove fingerprints, smudges, and dirt 2g
Doors and entrances — clean and polish, remove fingerprints and smudges 3a
Glass and windows — building entrances, lobby areas, etc. 4a
Wash white boards and pen rails (if erased) 8d
Cabinets, sinks and appliances — degrease, disinfect and polish 10c
Kitchen/breakroom floors — degrease and disinfect 10a
Kitchen/breakroom/coffee bar sinks and counters — degrease and disinfect 10b
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
Janitorial closets — clean, organize, stock, and keep odor -free 11 b
City refrigerators — clean 11 e
Quarterly Vinyl and linoleum — strip completely and wax 1 d
Wastebasket/trash containers — wash and disinfect 5d
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Light fixtures — clean all 8g
HVAC vents and diffusers — clean all 8h
Personal computers — clean with anti -static cleaner 11 d
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ATTACHMENT 10
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Public Safety Complex, 6363 Clark Avenue
Estimated Building Size: 3,500 SF
Cleaning Frequency: 6 days per week, Monday — Saturday
Janitorial Cleaning Hours: 4:30 PM to 8:30 PM
Frequency
Daily
Task See Section 2 "Required Services"
Vinyl, linoleum, terrazzo, or concrete floors — sweep and/or damp/wet mop all
floors
la, 1b
Carpet and mats — vacuum traffic areas, staircases, and workspaces 2c
Carpet spot cleaning and removal — (as necessary) 2e
Graffiti — remove all marks and writing 2f
Telephones (all phones) — clean and disinfect 3c
Dusting — all tabletops, office desks, and filing cabinets, and other surfaces 5a
Glass and windows — building entrances, lobby areas, etc. 4a
Wastebaskets — empty and reline 5c
Restrooms — clean, disinfect, and restock supplies 9a
Showers and locker rooms — clean and disinfect 9b, 9c
Kitchen/breakroom floors — degrease and disinfect 10a
Kitchen/breakroom/coffee bar sinks and counters — degrease and disinfect 10b
Weekly Carpet and mats — vacuum all areas, including edges and corners 2d
Walls, doors, and molding — remove fingerprints, smudges, and dirt 2g
Doors and entrances — clean and polish, remove fingerprints and smudges 3a
Wash white boards and pen rails (if erased) 8d
Cabinets, sinks and appliances — degrease, disinfect and polish 10c
Exercise room — clean and deodorize 11 c
Monthly Dusting — high dusting 5b
Formica and metal desks — clean all 8b
Fabric or carpeted wall coverings — dust and/or vacuum, spot clean 8e
Light switches — Clean and disinfect 8f
Janitorial closets — clean, organize, stock, and keep odor -free 11 b
Window blinds - wipe down and clean 11f
City refrigerators - clean 11 f
Quarterly Vinyl and linoleum - strip completely and wax 1 d
Wastebasket/trash containers - wash and disinfect 5d
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Light fixtures - clean all 8g
HVAC vents and diffusers - clean all 8h
Personal computers - clean with anti -static cleaner 11 d
Services Agreement between July 2024
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ATTACHMENT 11
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Camp Parks Reserve Force Training Area
Estimated Building Size: Total approx. 220,000 sf (List of buildings provided below)
Cleaning Frequency: 6 days per week, Monday - Saturday
Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement (PWS) and Technical
Exhibits
4.0 Technical Exhibits
4.1 Task and Frequency of Custodial Services
TASK AND FREQUENCY ROOM CHART — TECHNICAL EXHIBIT 1
Routine Cleaning for all areas listed (choose if applicable based on floor type):
Spot Clean Floors/Carpets AR
Carpeted Floors - Removable (Area and Throw Rugs) 1W
Buffing/Spray Buffing 4Y
Stripping and Wax After Stripping 1Y
Damp Mop 1W
Sweep/Dust Mop Floors 1W
Vacuum Carpeted Floors 1W
Drinking Fountains and Sinks 2.5W
Sweep Stairways/Elevators/Handicap Lifts 1W
Remove Trash and Recyclables 1W
Low Dusting 2Y
High Dusting 1Y
Clean and Supply Restrooms/Toilet Areas/Locker Rooms 2.5W
Clean Doors 1W
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Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement (PWS) and Technical Exhibits
Building# Description (Room Type) Estimated. SQ FT Flooring Type
282 Admin 700 CONCNCT
285 Admin 530 CONC
300 Admin 11,284 CPTNCT
301 Comm/Area 3,000 VCT
302 Comm/Area 3,000 VCT
303 Gymnasium 11,284 CPTNCT
304 Offices/Classroom 11,284 CPTNCT
306 Comm/Area 4,000 VCT
310 Comm/Area 4,000 VCT
311 Offices 2,670 VCT
312 Admin Gen Purp 12,600 VCT/CPT
323 Classrooms / Common Area 11,284 CNL/CPT
331 Admin 2,500 VCT/CPT
340 Admin/classroom 41,508 VCT/CPT
342 Comm/Area 57,000 CONC
350 Admin/Classroom/DES 14,260 VCT/CPT
360 Comm/Area 3,000 VCT
361 Comm/Area 3,000 VCT
362 Comm/Area 3,000 VCT
363 Comm/Area 3,000 VCT
364 Comm/Area 3,000 VCT
370 Admin/Classroom 39,632 VCT/CPT
373 TEMF 33,024 CONCNCT
390 Comm/Area 3,000 VCT
391 Comm/Area 3,000 VCT
392 Comm/Area 3,000 VCT
393 Comm/Area 3,000 VCT
394 Comm/Area 3,000 VCT
398 Laundry 2,400 CONC
490 AMSA 13,600 CONC
494 Office/warehouse) 10,000 CPT
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501 Chapel 7,200 CPT/HDWD
510 Admin/Gen Purp 62,000 62,000 CONC
514 Admin/Classroom 4,050 CONC/CPT
516 Admin/Storage 3,350 CONC
517 Admin/Classroom 41,902 VCT/CPT
520 Comm/Area/Sleep Area 12,000 VCT/CPT
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EXHIBIT B
COMPENSATION SCHEDULE
JANITORIAL SUPPLIES
REIMBURSABLE EXPENSES - ALL FACILITIES
Estimated Quantity Case
Quantity Product/Description Per Case Price
185 cs Green -Small Core 2-ply Toilet Paper 36/1000 $47.75
325 cs Multifold Towels, bleached 16/250 $21.76
60 cs 40" x 48" or 40" x 46" Trash Liners, 125 $36.50
1.8 mil or better
70 cs 33" x 39" Trash Liners, 150 $38.03
1.8 mil or better
50 cs 24" x 23" Trash Liners (wastebasket liners) 500 $22.73
0.4 mil or better
30 cs 40" X 46" Clear Trash Liners 150 $36.26
1.7 mil or better
30 cs 33" x39" Clear Trash Liners 250 $39.67
1.2 mil or better
30 cs 24" x 23" Clear Trash Liners 500 $24.50
.35 mil or better
40 cs Toilet Seat Protectors 5000 $37.82
100 cs Foam Hand Soap (based on 6 gal./case) 2/1200 ml $58.35
10 cs Sanitary Napkin Receptacle Liners 500 $16.53
Approx. 71/2" x 3-3/4" x 10 IA"
150cs Kleenex hard roll towels White 6/600 $71.88
Please note, reimbursable expenses are built into rates as identified below.
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JANITORIAL SERVICES
City Facilities
City Hall, Civic Center, 100 Civic Plaza, including parking lot portable building
5-days per week service, Monday -Friday
Dublin Arts Center, Civic Center, 100 Civic Plaza
City staff (upstairs) 5 days a week Events area (downstairs) 7 days a week
Library, 200 Civic Plaza (Community Room, Lobby, Main Restrooms, Staff Offices),
6-days per week service, Monday -Sunday, except Friday
Shannon Community Center, 11600 Shannon Avenue
City Staff area 5 days a week Events area 7 days a week
Senior Center, 7600 Amador Valley Blvd.,
5-days per week service, Monday -Friday
Heritage Center, 6600 Donlon Way (Murray Schoolhouse and St. Raymond's Church)
3-days per week service (Murray Schoolhouse)
1-day per week service (St. Raymond's Church)
Dublin Heritage Park and Museum, 11285 Dublin Blvd.
5-days per week service, Monday -Friday
The Wave Aquatic Center, 4201 Central Pkwy
7-days per week service
Corporation Yard, 5709 Scarlett Court
5-days per week service, Monday -Friday
Public Safety Complex (Police Services), 6361 Clark Ave.
6-days per week service, Monday -Saturday
FY24/25 FY24/25
Monthly Annual Cost
Rate
$4,461.87 $53,542.44
$5,983.72 $71,804.64
$4,646.28 $55,755.36
$2,348.27 $28,179.24
$2,128.35 $25,540.20
$619.57 $7434.84
$619.57 $7,434.84
$5,608.00 $67,296.00
$1,200.00 $14,400.00
$3,059.63 $36,715.56
TOTAL ANNUAL COST: $368,103.12
Extra Services Monthly Rate
Daily Cleaning and disinfecting of high -touch areas at various City Facilities X
5-days per week service, Monday -Friday
Electrostatic Cleaning at various City Facilities X X
Monthly
Rental and Extra Services (Est.) Rate for scheduled extra work at $23.50 per $6,510.81 $78,129.76
hour for a minimum of 6 hours for special events
TOTAL ANNUAL COST: $78,129.76
Camp Parks Reserve Forces Training Area
Office and training areas (Approximately 125,000 sf)
Janitorial Supplies
Monthly Rate
$25,469.00
$7,209
TOTAL ANNUAL COST:
Annual Cost
X
Annual Cost
$305,628.00
$86,508.00
$392,136.00
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City Facilities
Services
Camp Parks RFTA
Services and $330,887.00
Supplies
Extra Services (Est.) $25,000.00
COVID Janitorial
Supplies
Rental and Extra
Services (Est.)
Janitorial Supplies
for City facilities $53,817.50
(Est.)
$95,616.00
X
Contingency* X
CONTRACT COMPENSATION TOTALS
Year 1 Year 2
$271,233.00 $279,370.00
$340,813.61
$25,000.00
$98,484.48
X
$55,432.03
X
Totals $776,553.50 $799,100.12
Year 3 Year 4
$287,751.00 $368,103.12
$351,038.02 $392,136.00
$25,000.00 X
$101,439.01 X
X $78,129.89
$57,094.99 $67,681.89
X $32,000.00
$822,323.02 $938,050.90
Year 5 Total
$379,146.21 $1,585,603.33
$403,900.08 $1,818,744.71
X $75,000.00
X $295,539.49
$80,473.65 $158,603.54
$69,712.35 $303,738.76
$32,960.00 $64,960.00
$966,192.29 $4,302,219.83
*Any additional service utilizing contingency fund requires prior authorization from the Public Works Manager or
his/her designee.
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 Manager or his/her 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%.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as work is
completed.
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Attachment 21
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
TRI-VALLEY JANITORIAL SERVICE & SUPPLY, INC.
THIS AGREEMENT for contract services is made by and between the City of Dublin ("City") and
Tri-Valley Janitorial Service & Supply, Inc. ("Contractor") (together sometimes referred to as the
"Parties") as of July 1, 2021 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed TWO
MILLION THREE HUNDRED NINETY-SEVEN THOUSAND NINE HUNDRED SEVENTY-SEVEN ($2,397,977.00),
notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the
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time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not
bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ The dates of service provided at each facility;
■ Location of each service;
■ Daily logs of total hours worked by each individual performing work under this
Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged by
project assignment
o A brief description of the work
■ The Contractor's signature;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed. City shall have 30 days from the receipt of an invoice
that complies with all of the requirements above to pay Contractor.
2.3 Reserved.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task 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.
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2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reserved.
2.7 Pavment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Pavment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Public Works Maintenance Superintendent.
2.10 Reserved.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
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and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
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any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Public Works Maintenance Superintendent.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
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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 Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
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4.3.2 Verification of Coveraae. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self -insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self -insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
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Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Contractor's performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the sole negligence or willful misconduct of City.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
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benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Public Works Maintenance Superintendent or this Agreement.
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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. Similarly, unless authorized by the Public Works Maintenance
Superintendent, City shall have no obligation to reimburse Contractor for any otherwise
reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Public Works Maintenance Superintendent. Contractor shall not
subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in the proposal, without prior written approval of the
Public Works Maintenance Superintendent.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
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8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
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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 Severabilitv. 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 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
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10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Tri-Valley Janitorial Service and Supply Inc
Amy Giamona
313 Earhart Way
Livermore, CA 94551
Any written notice to City shall be sent to:
City of Dublin
Att:_Dean McDonald, Public Works Maintenance Superintendent
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A. B. and C represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A
Exhibit B
Exhibit C
Scope of Services
Compensation Schedule & Reimbursable Expenses
Conflict of Interest Statement
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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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
rDocu Signed by:
Linda Smith, City Manager
Attest:
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TRI-VALLEY JANITORIAL SERVICE & SUPPLY,
INC.
Amy Giainona, President
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EXHIBIT A
SCOPE OF SERVICES
SECTION 1 — GENERAL SERVICE PROVISIONS
A. Work Schedule - Janitorial services shall be provided up to seven (7) days per week at the time
specified for each location. General cleaning shall be performed between the hours of 5:00 PM and
5:00 AM. The available time schedules for individual facilities are set forth in Attachments 1 through
10 of this Exhibit A. The City reserves the right, with one (1) week's advance notice, to change
schedules. Contractor shall provide twenty-four (24) hour emergency response, if requested, and shall
respond to City within four (4) hours of request for emergency services. Contractor shall provide a
specific monthly schedule of all monthly, quarterly and semiannual services by building, giving specific
dates. The schedule for the first two (2) months shall be provided at least five (5) days prior to the
first day of the Agreement term as set forth in Section 1.1. The schedule for the third month, and all
subsequent months, shall be provided with each monthly invoice, and the invoices will not be paid if
not accompanied by a cleaning schedule.
Such monthly, quarterly and annual cleaning services shall be provided on the day stated on the
monthly cleaning schedule; and if such work requires more than one (1) day to conclude, Contractor
must complete the work on successive days. Contractor may request a change to this cleaning
schedule with seven (7) days' advance notice.
B. Holidays - The following twelve (12) days are City holidays on which Contractor may need to provide
service. All City facilities are dynamic due to their programmed use; and some locations will require
service on holidays, as provided below.
New Year's Day Veterans Day
Martin Luther King, Jr.'s Birthday Thanksgiving
Presidents Day Day after Thanksgiving
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day New Year's Eve
Buildings that may require service during holidays are listed below. The Public Works Maintenance
Superintendent will provide a schedule of which buildings will require holiday service thirty (30) days
prior to each holiday.
• Public Safety Complex (Operates 24 hours/7 days per week)
• Public Library (Possible holiday services)
• Senior Center (Possible holiday services)
• Shannon Community Center (Possible holiday services)
• Dublin Heritage Center
• Wave Aquatic Center
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• Dublin Heritage Park and Museum
• Corporation Yard
C. Supplies and Equipment
1. Contractor shall furnish and keep in good working order all necessary tools, equipment
and supplies, including, but not limited to, waxes, soaps, cleaners, mops, brooms, buffers,
ladders, hoses, vacuum cleaners, etc. The Public Works Maintenance Superintendent, or
his/her designee, must approve all supplies and/or equipment prior to their use under this
Agreement. Any non -complying equipment or supplies shall be changed out immediately
at the request of the Public Works Maintenance Superintendent or his/her designee.
Janitorial closets located in City facilities may be used by Contractor and shall be kept
clean and free of debris and odor at all times. All supplies and equipment stored in any
City janitorial closet shall be stored in a neat and orderly manner and in such a way as to
prevent injury to City staff, the public, or Contractor's employees. Contractor's on -site
supervisor shall maintain an equipment inventory, and a copy shall be given to the Public
Works Maintenance Superintendent or designee, upon request. Unless otherwise agreed
by the City in writing, cleaning products shall meet the Green Seal-37 Standards. Further
information regarding environmental or Green Seal products can be found at
http://www.areenseal.ora/findaproduct/index.cfm.
2. Contractor shall provide the following products for use at City locations: toilet paper;
paper towels; toilet seat covers; trash can liners; liquid hand soap; and feminine
sanitary supplies. City shall also provide at its expense all utilities, including lights,
power and water. Contractor shall stock and refill all restroom dispensers, as outlined
in the applicable sections of this Exhibit A (Janitorial Cleaning Specifications — Master
List, #9 Restrooms, Locker Rooms, Dressing Rooms and Showers).
D. Supervision
1. Contractor shall provide a supervisor or lead custodian who shall be present
during all scheduled cleaning hours and special work assignments at a
City facility. This individual shall speak, read write, and understand English.
All direction given to Contractor's supervisor shall be as binding as if given
to Contractor.
2. Monthly janitorial supervisor's reports shall be prepared and submitted to
Public Works Maintenance Superintendent, or his/her designee, noting any
building deficiencies needing correction.
3. While performing work under this Agreement, Contractor's supervisor shall carry
a cell phone by which City staff shall be able to communicate with him/her. Other
janitorial staff may use City phones designated by the Public Works
Maintenance Superintendent, or his/her designee, to respond to work -related
issues.
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4. Contractor shall provide a list of all Contractor's staff assigned to each work
site. The list shall include name, address, and driver's license number and
the employee's work schedule and assignment. At Contractor's expense all
of Contractor's employees shall have taken and satisfactorily passed
background screening for drug and alcohol use.
5. Contractor's employees, including supervisors and managers, and employees
performing regular service, fill-in work for absences, or any subcontract staff,
who enter the Public Safety Complex, 6363 Clark Avenue, shall have
satisfactorily passed a background investigation through Dublin Police
Services. The background check includes Live Scan processing. Contractor
shall be responsible for paying the Department of Justice fee for the Live Scan
processing (at this time, approximately $100 per person). The City will absorb
the staff time cost involved in running the Live Scan equipment. Contractor is
responsible for scheduling these background checks prior to any of its
employees working in the Public Safety Complex. The background checks
must be performed at least two weeks (14 days) prior to the employee
entering the facility.
E. Training - Contractor shall provide ongoing documented training programs for all of
Contractor's staff. Training programs shall include, but not be limited to, quality
standards, task definitions, IIPP plans (Injury and Illness Prevention Program), SDS
sheets (Safety Data Sheets), Cal- OSHA (California Occupational Health and Safety)
regulations and all other applicable safety regulations. Contractor shall provide to the
Public Works Maintenance Superintendent, or his/her designee prior to beginning of
work, and annually thereafter (provided to City with the twelfth (12th) invoice of each
year), a report showing the training provided for the janitorial staff working in City
buildings.
F. Employee Conduct - Employees of Contractor, while performing work under this
Agreement, SHALL NOT:
1. Be accompanied in their work area by acquaintances, family members,
assistants, or any other person unless such person is an on -duty authorized
Contractor employee.
2. Remove any City property, or property, equipment, monies, forms or any other
items belonging to an employee of the City, from City facilities.
3. Engage in horseplay or loud boisterous behavior.
4. Be under the influence of alcohol or drugs.
5. Gamble.
6. Smoke in any building.
7. Turn on or use any electronic equipment (computers, typewriters, radios, etc.)
other than those supplied by Contractor.
8. Use any City telephones except those designated by the Public Works
Maintenance Superintendent, or his/her designee, for the performance of
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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.
G. Employee Removal - Contractor shall remove from service on City premises any
employee of Contractor who, in the opinion of the Public Works Maintenance
Superintendent, or his/her designee, is not performing the services in a proper manner
or who is incompetent, disorderly, abusive, dangerous, insubordinate, disruptive, who
does not comply with rules and regulations of the City, or is otherwise objectionable.
Contractor shall in no way interpret such removal to require dismissal of or other
disciplinary action against the employee; and such removal shall not be the basis of
any claim for compensation or damages against the City or any of its officers,
employees or agents as to the performance of the work.
H. Employee Appearance and Identification - Contractor's personnel shall present a
neat appearance and be easily recognized as Contractor employees. Contractor shall
provide each employee with an identification badge and uniform. The badge shall
include the employee's photograph and name, an employee number and Contractor's
name. The identification badge shall be displayed on the front of the employee's
uniform at all times. Contractor accepts and understands that any employee who fails
to meet this requirement may be asked to leave City property. Should this occur, the
City will not compensate the Contractor or Contractor's employees for lost time. It is
expressly understood that Contractor is responsible for ensuring that all of its
employees possess and carry valid photo -identification at all times on City property.
Contractor's employees shall be wearing their uniforms and identification badges prior
to entering any City building, and uniforms and badges shall be worn at all times while
working in a City facility. The uniform, at a minimum, shall be a uniform shirt to which
Contractor's business name and/or logo have been affixed.
I. Emplovee 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 Contractor's employees working at any City facility shall be required to submit
personal information and copies of driver's licenses or other valid identification for the
purpose of background checks. Such personnel will also be subject to Live Scan
Fingerprinting processing at the contractor's expense. The City reserves the right to deny
access based on information obtained in the background check through Live Scan
Fingerprinting.
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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 Public Works Maintenance Superintendent, or his/her designee,
the day of the occurrence. Examples of unusual circumstances include, but
are not limited to, the observance of suspicious persons around a City facility
or the discovery of inoperable lighting in a City facility.
3. Regular Inspections: Contractor's account manager and supervisor shall meet
with Facility Management representatives quarterly to ensure compliance
with contract specifications and shall initiate meetings, as needed, to review
work sites and resolve problems.
4. Timely Billing: Contractor shall provide special cleaning service invoices
within fourteen (14) days of the services being provided. City shall be under no
obligation to pay any invoice which is submitted to Public Works Maintenance
Superintendent more than thirty (30) days beyond completion of special
cleaning services.
K. Work Performance - Contractor shall adhere to the highest quality standards of the
janitorial profession and the City's cleaning standards as communicated by the Public
Works Maintenance Superintendent, or his/her designee, and set forth in this
Agreement. Contractor shall immediately verbally notify the Public Works Maintenance
Superintendent, or his/her designee, of any occurrence or condition that interferes with
its ability to be in full compliance with Agreement requirements and shall confirm such
verbal notification in writing within twenty-four (24) hours.
L. Special Assignments - City may request janitorial services for special events not
covered in the scope of services under this agreement and outside the normal scheduled
cleaning hours as outlined herein. City may request these special services up to, but not
later than, forty-eight (48) hours prior to the event. If the required services are outside
Contractor's normal cleaning schedule, payment shall be made on the basis of the hourly
rate and, if applicable, minimum number of hours as set forth in Exhibit B.
M. Emeraencv Work - "Emergency work" is defined as any work beyond the general
routine janitorial work required by this agreement. Emergency work shall require a
shortened Contractor response time of between two (2) and four (4) hours, depending
upon the nature of said work. Contractor shall have sufficient labor and call -out
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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.
0. Security - Contractor shall be required to have available the keys provided by the City
at all times while providing service to the City. All doors shall be unlocked and locked in
such manner and at such times as required by each building's specifications. Contractor
shall be responsible for ensuring that all doors are closed and locked during its
performance of janitorial duties. Lost keys or security access cards shall be immediately
reported to the Public Works Maintenance Superintendent, or his/her designee, and
charged to Contractor at the rate of $50.00 per key or security access card. In addition,
Contractor shall reimburse City for all costs associated with re -keying any or all locks
necessitated by lost keys in his/her control. Contractor's employees shall NOT set off,
or fail to reset, a building alarm, as instructed. Such false alarms or failure to reset an
alarm shall cause the City to incur damages, and Contractor shall be charged liquidated
damages of One Hundred Fifty Dollars ($150) per event. Contractor's employees shall
not operate for personal use any City computers, fax machines, telephones, television
sets and/or copiers while performing services under this contract. Contractor shall be
financially responsible for any loss, damages, or accrued charges for any unauthorized
usage of City equipment.
P. Care of Facilities - Contractor's employees shall regularly observe the general
condition of all building areas and report problem areas to Contractor's supervisor or
lead custodian. Contractor shall be responsible for knowledge of and use of all fire
alarms and fire prevention equipment. In case of emergency, Contractor's employees
shall notify the Emergency Services by dialing 911 and shall then call the Public Works
Maintenance Superintendent, or his/her designee, immediately. For non -emergency
repairs, Contractor shall report all required non -emergency repairs by contacting the
Public Works Maintenance Superintendent, or his/her designee.
Q. Energy Conservation - Unless otherwise specified by Public Works Maintenance
Superintendent, lights are to be turned off in facilities when janitorial staff is finished
working for the evening.
R. Graffiti - Contractor shall immediately remove all graffiti from all surfaces found inside
any of the buildings after consulting with the Public Works Maintenance
Superintendent, or his/her designee, for removal methodology. Graffiti noticed on the
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outside of any building shall be reported to Public Works Maintenance Superintendent,
or his/her designee.
SECTION 2 — REQUIRED SERVICES
The services to be provided under this Agreement are listed in this Section 2 of Exhibit A. In
some instances, services may differ among the various facilities. The following buildings are
included in this agreement:
• Civic Center, 100 Civic Plaza (Includes both City Hall and Cultural Arts Center Wings and portable
building in parking lot)
• Library, 200 Civic Plaza
• Senior Center, 7600 Amador Valley Boulevard
• Shannon Community Center, 11600 Shannon Avenue
• Heritage Center (historical schoolhouse and church), 6600 Donlon Way
• Heritage Park & Museum, 11285 Dublin Boulevard
• Wave Aquatic Center, 2401 Central Parkway (year-round)
• Corporation Yard, 5709 Scarlett Court
• Public Safety Complex, 6363 Clark Avenue
• Camp Parks (38 buildings)
Following is a master list of services required under this Agreement. Not all services are
required at all buildings; a specific breakdown is provided for each facility in Attachments
1 through 11 to this Exhibit A.
1. Flooring
a. Vinyl, linoleum, or concrete floors (sweep) — Sweep with an anti -dust mop.
b. Vinyl, linoleum, or concrete floors (damp or wet mop) — Use warm water with good
quality cleaner that leaves no visible or sticky cleaner residue, when dry. Remove all
scuff and surface marks. Rinse, if necessary, with clear warm water, and clean mop.
Wipe any and all baseboards free of moisture and dirt. Protect all wall surfaces. Buff all
tile floors, as required.
c. Vinyl and linoleum (clean and wax floors — traffic areas) — Dust entire floor and
corners with treated mop. Damp mop and remove any spot or stains. Allow flooring to
dry completely. Apply wax in traffic areas only, feathering out to corners. Corners shall
be waxed only as part of complete stripping process (see below).
d. Vinyl and linoleum (strip) — Strip completely and wax, including corners.
e. Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs (sweep)
— Sweep surfaces.
f. Stone, marble, slate, granite, ceramic tile, travertine, terrazzo floors, stairs (damp
mop) — Use a dedicated mop and good -quality cleaner recommended for marble, slate,
granite, ceramics and travertine. The floors shall be free of dust, dirt, cleaning material
residue, streaks, mop strands, grease, and spills and thoroughly maintained to present
an acceptable gloss. Protect all walls from splashing and wipe off any moisture or
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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 Carpeting
a. Hardwood floors for gymnasiums, ballrooms or dance floors (dust mopping) —
Use a dedicated dust mop on hardwood floors with "Super Hil-Tone Dust" mop treatment,
manufactured by Hillard (or equivalent). The mop shall be treated per manufacturer's
instructions.
b. Hardwood floor surfaces (wet mopping) — Use a dedicated wet mop with Hillard Super
Shine All Cleaner (or equivalent; specific products required for Senior Center bamboo
wood flooring and floor machine at Stager Gym). At the Gym mopping is done with a
floor cleaning machine that uses a foam cleaner solution. Remove all scuff and surface
marks. Follow directions on label.
NOTE — DO NOT USE the same mop for damp mopping and for applying the finish!
c. Carpet and mats (vacuum traffic areas) — These areas include main entries and all doors,
elevator lobbies, elevators, areas where food is available, main corridors in buildings and open
landscaped areas. Vacuum traffic areas. Move all chairs, trashcans and other easily removed
items, and vacuum underneath. Hand wipe baseboards.
d. Carpet and mats (vacuum all areas, including edges and corners) — Vacuum with an
industrial- powered vacuum cleaner and inspect for spots. Remove spots, following the
manufacturer's recommendations completely, with an approved industrial -grade spot remover that
leaves no visible residue. Report to the Public Works Maintenance Superintendent, or his/her
designee, all tears, burns, unraveling or other damage. Move all chairs, trash cans and other easily
removed items and vacuum underneath. Hand wipe baseboards.
e. Carpet spot cleaning and spot removal — Perform, as necessary.
f. Graffiti (remove all marks and writing) — Remove from all interior surfaces (doors and walls). If
unable to remove graffiti, call Public Works at 925-833-6630 and leave a message. Leave caller's
name, location of the building, floor and area where the graffiti is located.
g. Walls, doors and molding (spot clean) — On a regular basis, inspect all walls, doors and
moldings; and remove any and all fingerprints, smudges, dirt or accumulations from these areas,
as required.
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3. Doors and Entrances
a. Doors and entrances (clean and polish) — Clean and polish interior and exterior surfaces to a
height of 8', removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or
accumulations from these areas. On a regular basis, inspect all doors and entrances; and clean
doors and entrances across the entire width of the entrance front, as required.
b. Drinking Fountains — Clean, disinfect and polish.
c. Public Telephones (clean and disinfect) — Clean and disinfect all public telephones and
enclosure walls. Remove all graffiti from phones and surrounding area. If unable to remove graffiti,
contact Public Works at 925-833-6630 and give location and phone number.
4. Glass and Windows
a. Glass and windows — On a regular basis, inspect all glass and frames and remove any and all
fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas to a
height of 8 feet, as required. When glass is part of an entrance area, clean across the entire width
of the entrance front, if required. Clean picture glass and mirrors as needed to remove fingerprints,
smudges, and any other dirt or material, to leave a clean appearance.
5. Dusting
a. Dusting — Remove all accumulated dust, dirt, debris and cobwebs from all surfaces, corners,
shelving crevices, office desks, bookcases, tables, partition tops, window ledges and baseboards.
Use treated mops and cloths to help prevent the redistribution of same into the air. Desktops shall
be dusted only if papers have been removed.
b. Dusting (high dusting) — Remove all accumulated dust, dirt and debris from the surfaces,
corners, crevices, light fixtures, partition tops, window ledges, door frames, jambs, and blinds.
Use treated mops and cloths to help prevent the redistribution of same in the air. Blind slats shall
be individually cleaned. Remove cobwebs inside rooms, corners and ceilings. Clean HVAC vents
and ceiling tiles.
c. Wastebaskets — Empty wastebaskets and replace liners. Empty recycling containers in individual
offices and common areas. Material from recycling containers shall be kept separate from other
trash and placed in appropriate bins. Remove all other boxes, cardboard and containers which
are designated as "trash" and place in the designated dumpster. Break down all cardboard boxes
before discarding in dumpster. Large recycling bins inside facilities (for example, in the Civic
Center mail room and lunchroom) may be emptied by others; contractor should verify with the
Facility Manager for each facility where trash and recyclable material is to be taken.
d. Wastebasket/trash containers (wash and disinfect) — Clean and disinfect all wastebaskets and
trash containers in all interior and exterior locations.
e. Artificial Plants — Clean to remove dust and other debris
6. Elevators
a. Elevator (clean and polish) — Remove all finger and handprints, grease, oils, smudges or marks.
Polish interior walls, ceilings, and doors inside and outside. Vacuum carpet and elevator door
tracks. Spot clean carpet or flooring, as necessary, to remove stains and odors.
7. Stairwells, Exterior and Interior
a. Staircases, balustrades and railings (dust and wipe) — Dust and wipe all staircase areas,
including all railings and areas around and underneath stairs. Vacuum carpeted areas, and spot
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clean carpet.
b. Stairwells — Sweep, damp mop and spot clean.
8. Offices
a. Wooden furniture (clean and polish) — Clean and polish all wooden furniture with approved
polish. Do not disturb any paperwork on desks, tables, and files.
b. Formica and metal desks (clean all) — Clean all tables, stands, chairs, filing cabinets, locker
tops and fronts. Do not disturb paperwork.
c. Wood fixtures (polish) — Polish all wooden walls, doors, handrails, and all accents.
d. White boards and pen rails (clean) — Wash and clean (only if boards are erased).
e. Fabric or carpeted wall coverings (dust and/or vacuum, spot clean) — With a soft brush, dust
all fabric and/or carpeted walls to maintain a neat and clean appearance. Vacuum all areas where
a traffic pattern is evident. Spot clean areas per manufacturer's specifications for wall covering.
Damp wipe vinyl. Cloth fabrics require chemical cleaner to remove spots.
f. Light switches (clean and disinfect) — Use a damp cloth to remove all smudges, fingerprints
and dirt. Apply disinfectant.
g. Light fixtures (clean all) — Dust all with treated cloth. Vacuum and damp wipe, if necessary, to
remove all accumulated dust and dirt.
h. HVAC vents and diffusers (clean all) — Vacuum and clean with disinfectant. Vacuum
adjacent ceiling tiles and areas.
9. Restrooms, Locker Rooms, Dressing Rooms and Showers
a. Restrooms (clean, disinfect, restock supplies) — Clean and disinfect all urinals, toilets,
partitions and plumbing. Damp mop floors with disinfectant. Clean and polish chrome and stainless
fixtures. Clean, disinfect and deodorize interior and exterior of sanitary napkin depositories.
Replace disposal bags and plastic trash liners. Clean mirrors to be streak -free. Install disinfectant
in floor drains and deodorizers in urinals. Fill all dispensers (soap, toilet paper, seat covers, paper
towels, sanitary supplies and deodorizers). Inspect lighting for satisfactory operation. Report to
the Public Works Maintenance Superintendent or his/her designee, all lights that are not working
properly.
b. Showers (clean, disinfect) — Clean and disinfect all walls, floors and curtains. Entire area shall
be free of soap scum, fungi, hair, urine deposits and unpleasant odors. Floors and tiled areas shall
be free of streaks and mildew.
c. Locker rooms or dressing rooms - Install disinfectant in floor drains. Disinfect HVAC vents, and
clean mirrors to be streak -free. Wax floors to maintain original appearance. Vacuum all carpet
areas and remove all stains. Clean and disinfect lockers inside and outside, if unlocked. Do not
disturb personal belonainas.
10. Kitchen or Coffee Bar Areas
a. Kitchen/breakroom floors (degrease and disinfect) — Mop all kitchen floors with disinfectant.
Refinish, if necessary, to maintain original appearance.
b. Kitchen/breakroom/coffee bar sinks, counters, and appliances (wash and disinfect) —
Include all kitchen tabletops in area and generally clean up all stainless steel or laminate surfaces.
c. Cabinets, sinks and appliances (degrease, disinfect and polish) — Specific to facilities with
"working cooking kitchens." Includes refrigerators, stoves, stove hoods, ovens, griddles,
dishwashers, microwaves, and all stainless steel.
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d. Kitchen Vent Hoods Over Stoves — Degrease, clean and polish.
e. Kitchen Anti Fatigue Mats — Degrease, disinfect, rinse and dry.
f. Kitchen Floor Drains — Degrease and clean the floor drains / catch basins in kitchen floor.
11. Special Areas
a. Bleachers (clean all surfaces) — Clean all areas around and under bleachers. Damp mop
bleacher seats.
b. Jail area (clean and disinfect) — Clean and disinfect (when accessible) all walls, floors, ceilings
and fixtures.
c. Janitorial closets (clean and stock) — Clean, organize, stock and keep odor- free. If any
chemicals are stored here, maintain a binder of all Material Safety Data Sheets (MSDS) and keep
in each closet.
d. Exercise rooms — Wipe down, clean, deodorize and disinfect all exercise apparatus and mats.
Remove and replace mats in same locations to ensure proper fit.
e. Personal computers — Dust with anti -static cloth.
f. City refrigerators — Clean as specified for individual facilities.
g. Venetian blinds — Dust and damp wipe blinds with a treated cloth to prevent redistribution of dust
into the air.
h. Vending machines — Clean vending machine surfaces and sweep or dust mop under the
machines.
i. Bleachers (sweep and pick up litter) — Sweep and pick up litter on, around and under bleachers.
SECTION 3 — GENERAL PROVISIONS
A. Liquidated Damaaes
When Contractor fails to perform, as specified, the services required in this agreement, the
City will have been damaged by that lack of performance. Since it is difficult to define the
amount of damage caused, Contractor shall agree to the following liquidated damages:
1. If trained personnel do not report to provide the services required by this
Agreement, the City will incur damages; and liquidated damages of One Hundred
Fifty and no/100 Dollars ($150.00) per occurrence will be deducted from payments
due the Contractor. Contractor will be notified of the assessment of liquidated
damages by telephone or FAX within twenty-four (24) hours of failure to report.
2. If Contractor fails to perform under the terms of this Agreement, the City will incur
damage. Contractor will be notified by telephone or FAX within twenty-four (24)
hours of the failure to perform, and performance shall be required within twenty-four
(24) hours after receipt of such notice. If the performance failure is not corrected
within twenty-four (24) hours of receipt of notice, the City will incur damages; and
liquidated damages of One Hundred Fifty and no/100 Dollars ($150.00) per
occurrence will be deducted from payments due the Contractor.
3. Liquidated damages of One Hundred Fifty and no/100 Dollars ($150.00) per
occurrence will continue to be deducted from payments due the Contractor until the
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performance failure is remedied.
B. Subcontracting - No portion of the services provided pursuant to this Agreement may be
subcontracted or assigned without prior approval of the City of Dublin. Requests to
subcontract all or any portion of services required by this Agreement shall be submitted to
the City's Public Works Maintenance Superintendent, or his/her designee, at least thirty (30)
days in advance of the proposed effective date of the subcontract. Contractor shall include
in this written request a detailed description of how the Contractor plans to oversee the
services performed by the proposed subcontractor. Contractor shall be responsible for
services provided by any subcontractor as if Contractor were providing the services with its
own organization. Any subcontractor who will provide services inside the Police Facility shall
have successfully passed a background check as described above prior to commencing
work in that building. Contractor shall bear the expense of any subcontractor background
checks.
C. Labor Strike - Contractor shall be responsible for its own labor relationships and shall
negotiate and be responsible for resolving any and all disputes between itself and its
employees or any union representing its employees. Whenever Contractor has knowledge
that any actual or potential labor dispute is delaying, will delay, or threatens to delay, the
timely performance of services under this Agreement, Contractor shall immediately give
written notice thereof to the City's Public Works Maintenance Superintendent, or his/her
designee. It shall be the Contractor's responsibility to provide continuous services, without
interruption, to all buildings and facilities specified herein throughout the term of the
Agreement. In the event of a labor strike, Contractor shall provide the means, at Contractor's
cost, to provide continuous services in full compliance with Agreement requirements. Failure
to do so will cause the City to take whatever action is necessary to provide the services. If,
in doing so, City incurs costs in excess of those that would have been paid to the Contractor
for the same services, these excessive costs shall be paid by the Contractor.
D. Pricing - All rates and/or prices included in this Agreement are firm and not subject to
escalation, except on an annual basis according to the Consumer Price Index as provided in
the Agreement. Contractor represents and warrants that all rates and/or prices are at least
as low as those currently being quoted by Contractor to commercial or government users for
the same work of similar scope under similar circumstances.
E. Terms of Payment - Payment shall be made within thirty (30) days from the date of receipt
of invoice or acceptance of work, whichever occurs last. If City is entitled to a prompt payment
discount, the period of computation shall commence on the date of receipt of invoice or
acceptance of work by City, whichever occurs last. City shall endeavor to pay each invoice
within thirty (30) days but shall not be responsible to Contractor for additional charges,
interest or penalties due to failure to pay within that period.
F. Warranty - Contractor warrants that the work performed under this Agreement complies with
all specifications and that workmanship is free from defects. If any portion of the work has
not been completely described in this Agreement, it shall comply with nationally recognized
codes and established industry standards. Contractor agrees that the aforementioned
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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.
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ATTACHMENT 1
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Civic Center, City Hall Wing, 100 Civic Plaza
Estimated Building Size: 31,800 SF
Cleaning Frequency: 5 days per week, Monday — Friday
Janitorial Cleaning Hours: 5:00 PM to 5:00 AM
FREQUENCY TASK See Section 2
"Required Services"
Daily: Vinyl, linoleum, terrazzo, or concrete floors, sweep and/or dust mop all floors 1a
Carpet and mats - vacuum traffic areas, staircases, and workspaces 2c
Carpet spot cleaning and removal - (as necessary) 2e
Dusting - all tabletops, office desks, and filing cabinets, and other surfaces 5a
Dusting - removal of accumulated dust 5a
Graffiti - remove all marks and writing (general)
Drinking fountains - clean, disinfect and polish 3b
Telephones (all phones) - clean and disinfect 3c
Wastebaskets - empty and reline 5c
Elevators - clean and polish 6a
Restrooms - clean, disinfect, and restock supplies 9a
Kitchen breakroom floors - degrease and disinfect 10a
Kitchen breakroom sinks & counters - degrease and disinfect 10b
Coffee bar sinks and counters — degrease and disinfect 10b
Weekly: Carpet and mats - vacuum all areas, including edges and corners 2d
Broom sweep receiving/file room concrete floor 1a
Clean and disinfect light switches 8f
Wash white boards and pen rails (if erased) 8d
Bi-Weekly: Clean tile grout
Monthly:
Quarterly:
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
Wood fixtures - polish 8c
Venetian blinds - wipe down and clean 11g
Vinyl and linoleum - strip completely and wax 1d
Wastebasket/trash containers - wash and disinfect 5d
Light fixtures - clean all 8g
HVAC vents and diffusers - clean all 8h
Vending machines — clean machines and sweep/dust mop underneath 11 h
Artificial plants — Clean to remove dust and other debris 5e
Semi -Annually:. Strip and wax all hard surface floors: terrazzo, vinyl or linoleum 1d, 1g
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ATTACHMENT 2
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Civic Center, Cultural Arts Center, 100 Civic Plaza
Estimated Building Size: 21,200 SF (includes auxiliary triple -wide trailer in gated parking lot)
Cleaning Frequency: 5 days per week, Monday — Friday
Janitorial Cleaning Hours: 5:00 PM to 5:00 AM
FREQUENCY TASK See Section 2 "Required
Services"
Daily: Vinyl, linoleum, or concrete floors, sweep and/or dust mop all floors la
Carpet and mats - vacuum traffic areas, staircases, & workspaces 2c
Carpet spot cleaning and removal - (as necessary) 2g
Dusting - all tabletops, office desks, filing cabinets, & other surfaces 5a
Graffiti - remove all marks and writing 2h
Drinking fountains - clean, disinfect and polish 3b
Clean and disinfect telephones 3c
Glass and windows (building entrances, lobby areas, etc.) 4a
Dusting - removal of accumulated dust. 5a
Wastebaskets - empty and reline 5d
Elevators - clean and polish 6a
Restrooms - clean, disinfect, and restock supplies 9a
Showers and locker rooms - clean and disinfect 9b,c
Kitchen breakroom floors - degrease and disinfect 11a
Kitchen breakroom sinks - degrease and disinfect 11 b
Old Jail area - clean and disinfect when accessible) 11 b
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 1 1 d
Monthly: Vinyl and linoleum - clean and wax floors - traffic areas lc
Dusting - high dusting 5b
Wooden furniture - clean and polish 8a
Formica and metal desks - clean all 8b
Wood fixtures - polish 8c
Fabric or carpeted wall coverings - dust and/or vacuum, spot clean 8e
Light switches - clean and disinfect 8f
Janitorial closets — clean, organize, stock and keep order -free 11c
Venetian blinds - wipe -down and clean 11 g
Vending machines — clean machines and sweep/dust mop underneath 11 h
Vinyl and linoleum - strip completely and wax 1d
Stone, marble, slate, granite, ceramic tile, travertine floors, stairs 1 g
Wastebasket/trash containers - wash and disinfect 5e
Light fixtures - clean all 8g
HVAC vents and diffusers - clean all 8h
Personal computers - clean with anti -static cleaner 11e
Quarterly:
Semi -Annually: City refrigerators — break room only 11f
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ATTACHMENT 3
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Library, 200 Civic Plaza
Estimated Building Size: 38,215 SF (entire Library)
Cleaning Frequency: 6 days per week, Monday — Sunday (except Fridays)
Janitorial Cleaning Hours: 11:00 PM to 5:00 AM
FREQUENCY TASK
Daily:
Weekly:
Monthly:
Quarterly:
See Section 2 "Required
Services"
Vinyl, linoleum, or concrete floors (sweep and/or dust mop all floors) 1a
Stone, marble, ceramic, slate (sweep) I
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
Vinyl, linoleum or concrete floors (damp/wet mop) 1 b
Stone, marble, ceramic, slate (damp/wet mop) 1f
Carpets and mats (vacuum all areas, including edges and corners 2d
Walls, doors and molding (spot clean) 2g
Glass and windows (remove fingerprints, smudges, dirt) 4a
Whiteboards and pen rails (clean, if erased) 8d
Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c
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 11 c
Kitchen vent hoods over microwaves — degrease, clean & polish 10d
Vinyl and linoleum - clean and wax floors - traffic areas I
Stone, marble, granite, ceramic tile floors (strip and seal) 1 g
Wastebasket/trash containers - wash and disinfect 5d
Light fixtures - clean all 8g
HVAC vents and diffusers - clean all 8h
Personal computers - clean with anti -static cleaner 11e
Venetian blinds (dust and damp wipe) 11g
Semi -Annually: Vinyl and linoleum - strip completely and wax 1 d
City refrigerator in office area (clean and disinfect) 1f
Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1 h
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ATTACHMENT 4
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Senior Center, 7600 Amador Valley Boulevard
Estimated Building Size: 15,500 SF
Cleaning Frequency: 5 days per week, Monday — Friday
Janitorial Cleaning Hours: 10:30 PM to 5:00 AM; Weekends as needed following special events
FREQUENCY TASK
See Section 2 "Required
Services"
Daily: Vinyl, linoleum, or concrete floors (sweep and/or dust mop all floors) 1a
Stone, marble, ceramic, slate (sweep) I
Hardwood floor in ballroom (sweep and dust mop on Tue/Thu) 2a
Hardwood floor in ballroom (sweep and damp mop on Mon/Wed/Fri) 2b
Carpet and mats (vacuum traffic areas) 2c
Carpet spot cleaning and spot removal 2e
Graffiti (remove all marks and writing) 2f
Doors and entrances (clean and polish) 3a
Drinking fountains (clean, disinfect and polish) 3b
Public Telephone (clean and disinfect) 3c
Dusting (remove accumulated dust) 5a
Wastebaskets (empty and replace liners) 5c
Restrooms (clean, disinfect, restock) 9a
Kitchen quarry tile floors (remove mats, degrease, disinfect, replace mats) 10a
Kitchen/coffee bar sinks (clean and disinfect) 10b
Vinyl, linoleum or concrete floors (damp/wet mop) 1 b
Stone, marble, ceramic, slate (damp/wet mop) 1f
Carpets and mats (vacuum all areas, including edges and corners) 2d
Walls, doors and molding (spot clean) 2g
Glass and windows (remove fingerprints, smudges, dirt) 4a
Whiteboards and pen rails (clean, if erased) 8d
Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c
Kitchen Anti -Fatigue Mats (degrease and disinfect) (Fridays) 10e
Kitchen Floor Drains (degrease and clean) (Fridays) 10f
Monthly: Dusting - high dusting 5b
Wooden furniture - clean and polish 8a
Formica and metal desks - clean all 8b
Wood fixtures — polish 8c
Light switches - clean and disinfect 8f
Janitorial closets — clean, organize, stock and keep odor -free 11 c
Kitchen vent hoods over stoves — degrease, clean and polish 10d
Quarterly: Vinyl and linoleum - clean and wax floors - traffic areas I
Stone, marble, granite, ceramic tile floors (strip and seal) 1g
Wastebasket/trash containers - wash and disinfect 5d
Light fixtures - clean all 8g
HVAC vents and diffusers - clean all 8h
Personal computers - clean with anti -static cleaner 11e
Venetian blinds (dust and damp wipe) 11g
Artificial Plants - clean to remove dust 5e
Semi -Annually: Vinyl and linoleum - strip completely and wax 1d
City refrigerator in office area (clean and disinfect) 1f
Annually: Stone, marble, granite, ceramic tile floors (refinishing) 1 h
Weekly:
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ATTACHMENT 5
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Wave Aquatic Center
Estimated Building Size: 30,000 SF
Cleaning Frequency: January — December, 7-days per week
Janitorial Cleaning Hours: 5:00 PM to 5:00 AM
PLEASE NOTE: PEAK SEASON is from Memorial Dav throuah Labor Day. where more attention to all areas is
reauired.
FREQUENCY TASK See Section 2
Required Services
Daily: Interior floors (sweep and/or dust mop all floors) 1a
*
Weekly:
Tile hallway area (scrub machine and disinfect) I
Interior flooring in lobbies/office (damp/wet mop, disinfect, vacuum, move furniture 1 i
Doors and entrances (clean and polish) 3a
Drinking fountains (clean, disinfect and polish) 3b
Public Telephone (clean and disinfect) 3c
Dusting (remove accumulated dust) 5a
Wastebaskets (empty and replace liners) 5c
Restrooms (clean, disinfect, scrub machine, restock) 9a
Showers (clean, scrub machine, clear drain strainers and disinfect) 9b
Locker rooms and dressing rooms (clean, disinfect, scrub machine) 9c
Use machine provided by City — Clean Advance Machine and/or Karcher B601
Battery Scrubber (Staff also expected to maintain and clean the machine
after every use)
Walls, doors and molding (spot clean) 2g
Glass and windows (remove fingerprints, smudges, dirt) 4a
Cabinets, sinks and appliances (degrease, disinfect, and polish) 10c
City refrigerators (clean as specified) 11f
Formica and metal desks - clean all 8b
Monthly: Dusting - high dusting 5b
Wooden furniture - clean and polish 8a
Wood fixtures — polish 8c
Light switches - clean and disinfect 8f
Janitorial closets - clean organize, stock and keep odor -free 11c
Complete and thorough machine scrub all hard floor surfaces 1f
Quarterly:
(3x per year) Wastebasket/trash containers - wash and disinfect 5d
Personal computers - clean with anti -static cleaner 11 e
Venetian blinds (dust and damp wipe) 11g
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 18 of 27
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ATTACHMENT 6
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Heritage Center, 6600 Donlon Way
Estimated Building Size: School House — 2,900 SF, Church —1,550 SF
Cleaning Frequency: School House — 3 days per week (Wed/Fri/Sun); Church —1 day per week (Wed)
Janitorial Cleaning Hours: 9:00 PM to 5:00 AM
Please note: Due to nature and historical value of the Heritage Center. all cleaning products must receive
approval from Museum Director prior to use.
FREQUENCY TASK See Section 2 Required
Services
Daily: Vinyl, linoleum, or concrete floors (sweep and/or dust mop all floors) 1 a
Hardwood floors (sweep and dust mop) 2a
Carpet and mats (vacuum traffic areas) 2c
Carpet spot cleaning and spot removal 2e
Graffiti (remove all marks and writing) 2f
Doors and entrances (clean and polish) 3a
Dusting (remove accumulated dust) 5a
Wastebaskets (empty and replace liners) 5c
Restrooms (clean, disinfect, restock) 9a
Weekly: Vinyl, linoleum or concrete floors (damp/wet mop) 1 b
Hardwood floors (sweep and damp mop) 2b
Carpets and mats (vacuum all areas, including edges and corners) 2d
Walls, doors and molding (spot clean) 2g
Glass and windows (remove fingerprints, smudges, dirt) 4a
Monthly: Dusting - high dusting 5b
Formica and metal desks — clean all 8b
Light switches - clean and disinfect 8f
Janitorial closets — clean, organize, stock and keep odor -free 11 c
Quarterly:
Vinyl and linoleum - clean and wax floors - traffic areas 1 c
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 11 e
Venetian blinds (dust and damp wipe) 11g
Semi- Vinyl and linoleum - strip completely and wax 1d
Annually:
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 19 of 27
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ATTACHMENT 7 (Page 1 of 2)
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Heritage Park and Museum, 11285 Dublin Boulevard
Estimated Building Size: See below
Cleaning Frequency: 5 days per week, Monday — Friday
Janitorial Cleaning Hours: 5:00 PM to 12:00 AM
Please note: Due to nature and historical value of the Heritage Center, all cleaning products must receive
approval from Museum Director prior to use.
Sunday School Barn: 1327 SF
FREQUENCY TASK See Section 2 "Required
Services"
Daily: Wood floor — sweep 2a
Wastebasket — empty and replace liner 5c
Weekly: Walls, doors, moldings — spot clean as needed 2g
Glass and windows — remove fingerprints, smudges, dirt 4a
Doors — clean and polish 3a
Dusting — dust windowsills and furniture 5a/5b
Monthly: Dusting — high dusting 5b
Light switches — clean and disinfect 8f
Janitorial closets — clean, organize, stock and keep odor -free 2a/2b
Vinyl and linoleum — clean and wax floors - traffic areas 5d
Quarterly: Light fixtures and fans — clean 8g
HVAC vents — clean 8h
Restrooms: 289 sa. ft.
FREQUENCY TASK See Section 2
"Required Services"
Daily: Floor — sweep and mop la/lb
Toilets — clean and disinfect 9a
Doors — clean and polish 3a
Wastebasket — empty and replace liner 5c
Weekly: Walls, doors, moldings — spot clean 2g
Glass and windows — remove fingerprints, smudges, dirt 4a
Dusting — dust windowsills and furniture 5a/5b
Monthly: Dusting — high dusting 5b
Light switches — clean 8f
Janitorial closets — clean, organize, stock and keep odor -free 1 1 c
Wastebasket/trash containers — clean and disinfect 5d
Quarterly: Light fixtures and fans — clean 8g
HVAC vents — clean 8h
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 20 of 27
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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.
FREQUENCY TASK See Section 2 Required
Services
Daily: Dusting (dust windowsills and furniture) 5a/5b
Wastebasket (empty and replace liner) 5c
Floor - sweep and mop 1 a/1 b
Weekly: Walls, doors, moldings (spot clean) 2g
Glass and windows - remove fingerprints, smudges and dirt 4a
Doors (clean and polish) 3a
Dusting — high dusting 5b
Monthly: Light switches — clean 8f
Quarterly: Wastebasket/trash containers — clean and disinfect 5d
Light fixtures — clean 8g
HVAC vents — clean all 8h
Kolb House: 2304 sa. ft.
FREQUENCY TASK See Section 2 "Required
Services"
Weekly: Bathroom and Kitchen Floor — sweep and damp mop la/lb
Bathroom fixtures — clean and disinfect 9a
Kitchen counters — wipe with light solution 10b
Wastebaskets — empty and replace liner 5c
Back Porch — sweep and clean le
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 windowsills 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 11 c
Quarterly: Wastebasket/trash containers — clean and disinfect 5d
Light fixtures and fans — clean 8g
HVAC vents — clean 8h
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 21 of 27
280
ATTACHMENT 8
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Shannon Community Center, 11600 Shannon Avenue
Estimated Building Size: 18,250 SF
Cleaning Frequency: 5 days per week, Monday — Friday
Janitorial Cleaning Hours: 10:00 PM to 5:00 AM; Weekends as needed following special events
FREQUENCY TASK See Section 2
"Required Services"
Daily Sweep and/or dust mop all hard surface floors 2a
Vacuum all carpet area 2d
Spot clean carpet areas 2e
Graffiti (remove all marks and writing) 2f
Doors and entrances (clean and polish) 3a
Drinking fountains (clean, disinfect and polish) 3b
Public Telephones (clean and disinfect) 3c
Dust all surfaces 5a
Wastebaskets (empty and replace liners) 5c
Restrooms (clean, disinfect, and restock) 9a
Kitchen/coffee bar sinks (clean and disinfect) 10b
Kitchen floor— remove mats, degrease, disinfect, replace mats 10a
Weekly Damp mop all hard surface floors 2b
Vacuum all carpeted areas including the edges 2d
Spot wash all walls, doors, and moldings 2g
Remove fingerprints and smudges from glass and windows 4a
Wash whiteboards and pen rails (if erased) 8d
Cabinets, sinks and appliances (degrease, disinfect and polish) 10c
Wash Anti -Fatigue mats (degrease and disinfect) 10e
Kitchen floor drains (degrease and clean) 10f
Glass and windows — remove fingerprints, smudges, dirt 4a
Monthly: Dusting (high dusting) 5b
Wooden furniture (clean and polish) 8a
Wooden fixtures (polish) 8c
Light switches (clean and disinfect) 8f
Janitorial closets (clean, organize, stock and deep odor free) 11 c
Kitchen vent hoods over stoves (degrease, clean and polish) 10d
Quarterly: Vinyl and linoleum (clean and refinish floors, traffic areas)
Semi -Annually: Vinyl and linoleum - strip completely and wax
Annually: Stone, marble, granite, ceramic tile floors (refinishing)
1d
1d
1h
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 22 of 27
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ATTACHMENT 9
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Corporation Yard, 5709 Scarlett Court
Estimated Building Size: 3,500 SF (office space only)
Cleaning Frequency: 3 days per week, Monday, Wednesday, Friday
Janitorial Cleaning Hours: 5:00 PM to 5:00 AM
FREQUENCY TASK
See Section 2 "Required
Services"
Daily: Vinyl, linoleum, or concrete floors — sweep and/or dust mop all floors 1a
Carpet and mats — vacuum traffic areas and offices 2c
Carpet spot cleaning and removal — as necessary 2g
Graffiti — remove all marks and writing 2h
Glass and windows — remove fingerprints, smudges, dirt 4a
Dusting — removal of accumulated dust 5a
Wastebaskets — empty and reline 5c
Restrooms — clean, disinfect, and restock supplies 9a,b
Weekly: Carpet and mats — vacuum all areas, including edges and corners 2d
Walls, doors and molding — remove fingerprints, smudges and dirt 21
Doors & entrances — clean and polish, remove fingerprints & smudges 3a
Dusting — all tabletops, office desks, and filing cabinets 5a
White boards and pen rails — wash clean, if erased 8d
Monthly: Dusting — high dusting 5b
Wooden furniture — clean and polish 8a
Formica and metal desks — clean all 8b
Wood fixtures — polish 8c
Fabric or carpeted wall coverings- dust and/or vacuum, spot clean 8e
Light switches — clean and disinfect 8f
Quarterly: Vinyl and linoleum — clean and wax floors 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
Semi -Annually: Glass and windows, interior and exterior — all areas 4b
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 23 of 27
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ATTACHMENT 10
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Public Safety Complex, 6363 Clark Avenue
Estimated Building Size: 3,500 SF (office space only)
Cleaning Frequency: 6 days per week, Monday - Saturday
Janitorial Cleaning Hours: 4:30 PM to 8:30 PM
FREQUENCY TASK
Daily:
Weekly:
Monthly:
Quarterly:
See Section 2 "Required
Services"
Vinyl, linoleum, or concrete floors — sweep and/or dust mop all floors 1a
Carpet and mats — vacuum traffic areas and offices 2c
Carpet spot cleaning and removal — as necessary 2g
Graffiti — remove all marks and writing 2h
Glass and windows — remove fingerprints, smudges, dirt 4a
Dusting — removal of accumulated dust 5a
Wastebaskets — empty and reline 5c
Restrooms — clean, disinfect, and restock supplies 9a,b
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
Dusting — all tabletops, office desks, and filing cabinets 5a
White boards and pen rails — wash clean, if erased 8d
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
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
Semi -Annually: Glass and windows, interior and exterior — all areas 4b
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 24 of 27
283
ATTACHMENT 11 (Page1 of3)
City of Dublin Scope of Services — Frequency and Task Chart — Standard Service Levels
Location: Camp Parks RFTA
Estimated Building Size: Total approx. 220,000 sf (List of buildings listed below)
Cleaning Frequency: 6 days per week, Monday - Saturday
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 25 of 27
284
ATTACHMENT 11 (Page 2 of 3)
Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work
Statement (PWS) and Technical Exhibits
4.0 Technical Exhibits
4.1 Task and Frequency of Custodial Services.
TASK & FREQUENCY Room CHART - TECHNICAL EXHIBIT 1
Routine Cleaning for all areas listed
(choose if applicable based on floor type):
Spot Clean Floors/Carpets
Carpeted Floors - Removable (Area and Throw Rugs)
Buffing/Spray Buffing
Stripping & Wax After Stripping
Damp Mop
Sweep/Dust Mop Floors
Vacuum Carpeted Floors
Drinking Fountains & Sinks
Sweep Stairways/Elevators/Handicap Lifts
Remove Trash and Recyclables
Low Dusting
High Dusting
Clean and Supply Restrooms/Toilet Areas/Locker Rooms
Clean Doors
Building #
Description (Room Type)
Estimat.
SQ FT
AR
1W
4Y
1Y
1W
1W
1W
2.5W
1W
1W
2Y
1Y
2.5W
1W
Flooring
Type
282 Admin 700 CONCNCT
285 Admin 530 CONC
300 Admin 11,284 CPTNCT
301 Comm/Area 3,000 VCT
302 Comm/Area 3,000 VCT
303 Gymnasium 11,284 CPTNCT
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A — Page 26 of 78
285
ATTACHMENT 11(Page 3of3)
Appendix C to Dublin/Parks IGSA: Custodial Services Performance Work Statement
(PWS) and Technical Exhibits
304 Offices/Classroom 11,284 CPTNCT
306 Comm/Area 4,000 VCT
310 Comm/Area 4,000 VCT
311 Offices • 2,670 VCT
312 Admin Gen Purp 12,600 VCT/CPT
323 Classrooms / Common Area 11,284 CNL/CPT
331 Admin 2,500 VCT/CPT
340 Admin/classroom 41,508 VCT/CPT
342 Comm/Area 57,000 CONC
350 Admin/Classroom/DES 14,260 VCT/CPT
360 Comm/Area 3,000 VCT
361 Comm/Area 3,000 VCT
362 Comm/Area 3,000 VCT
363 Comm/Area 3,000 VCT
364 Comm/Area 3,000 VCT
370 Admin/Classroom 39,632 VCT/CPT
373 TEMF 33,024 CONC/VCT
390 Comm/Area 3,000 VCT
391 Comm/Area 3,000 VCT
392 Comm/Area 3,000 VCT
393 Comm/Area 3,000 VCT
394 Comm/Area 3,000 VCT
398 Laundry 2,400 CONC
490 AMSA 13,600 CONC
494 Office/warehouse 10,000 CPT
501 Chapel 7,200 CPT/HDWD
510 Admin/Gen Purp 62,000 62,000 CONC
514 Admin/Classroom 4,050 CONC/CPT
516 Admin/Storage 3,350 CONC
517 Admin/Classroom 41,902 VCT/CPT
520 Comm/Area/Sleep Area 12,000 VCT/CPT
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit A - Page 27 of 27
286
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
JANITORIAL SERVICES
City Facilities
City Hall Wing, Civic Center, 100 Civic Plaza, including portable
building located in Cultural Arts Center parking lot,
5-days per week service, Monday -Friday
Cultural Arts Center Wing, Civic Center, 100 Civic Plaza,
5-days per week service, Monday -Saturday
Library, 200 Civic Plaza (Community Room, Lobby, Main Restrooms,
City Staff Offices),
6-days per week service, Monday -Sunday, except Friday
Shannon Community Center, 11600 Shannon Avenue,
5-days per week service, Monday -Friday
Senior Center, 7600 Amador Valley Blvd.,
5-days per week service, Monday -Friday
Heritage Center, 6600 Donlon Way, including Murray Schoolhouse
and St. Raymond's Church,
3-days per week service (Murray Schoolhouse)
1-day per week service (St. Raymond's Church)
Dublin Heritage Park and Museum, 11285 Dublin Blvd.,
5-days per week service, Monday -Friday
The Wave Aquatic Center, 4201 Central Pkwy
7-days per week service
Corporation Yard, 5709 Scarlett Court,
3-days per week service, Mon, Wed, Friday
Public Safety Complex (Police Services), 6361 Clark Ave,
6-days per week service, Monday -Saturday
Extra Services
Daily Cleaning and disinfecting of high -touch areas at various City
Facilities
5-days per week service, Monday -Friday
Electrostatic Cleaning at various City Facilities
Monthly
Camp Parks Reserve Forces Training Area
Office and training areas (Approximately 125,000 sf)
Tile floor maintenance
Monthly Rate
$3,180.00
$2,100.00
$4,252.00
$2,149.00
$1,947.75
$567.00
$567.00
$4,400.00
$640.00
$2,800.00
TOTAL ANNUAL COST:
Annual Cost
$38,160.00
$25,200.00
$51,024.00
$25,788.00
$23,373.00
$6,804.00
$6804.00
$52,800.00
$7,680.00
$33,600.00
$271,233.00
Monthly Cost Annual Cost
$3,980.00
$3,988.00
TOTAL ANNUAL COST:
Monthly Cost
$21,000.00
$2,308.00
TOTAL ANNUAL COST:
Extra Work:
Rate for scheduled extra work at $21.50 per hour for a minimum of 2 hours for special events.
$47,760.00
$47,856.00
$95,616.00
Annual Cost
$252,000.00 1
$27,696.00 1
$279,696.00
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc.
Exhibit B — Page 1 of 2
287
JANITORIAL SUPPLIES - COST
ALL FACILITIES
Estimated Quantity Case
Quantity Product/Description Per Case Price
125 cs Toilet Tissue, 2-ply, 500 sheets/roll 80/500 $33.75
325 cs Multifold Towels, bleached 16/250 $21.76
60 cs 40" x 48" or 40" x 46" Trash Liners, 125 $36.50
1.8 mil or better
70 cs 33" x 39" Trash Liners, 150 $38.03
1.8 mil or better
50 cs 24" x 23" Trash Liners (wastebasket liners) 500 $22.73
0.4 mil or better
30 cs 40" X 46" Clear Trash Liners 150 $36.26
1.7 mil or better
30 cs 33" x39" Clear Trash Liners 250 $39.67
1.2 mil or better
30 cs 24" x 23" Clear Trash Liners 500 $24.50
.35 mil or better
40 cs Toilet Seat Protectors 5000 $37.82
100 cs Foam Hand Soap (based on 6 gal./case) 2/1200 ml $58.35
10 cs Sanitary Napkin Receptacle Liners 500 $16.53
Approx. 7'/2" x 3-3/4" x 10'/2'
Please note, reimbursable expenses are built into rates as identified above.
Contractor shall notify City of any proposed increases to costs no later than 60 days prior to a new Fiscal Year (July 1
— June 30). Any changes to costs shall be approved in writing by the Public Works Maintenance Superintendent, or
their designee. Any such annual increase shall be calculated based on the Consumer Price Index for All Urban
Consumers (CPI-U) and shall not exceed 3%.
Year 1 Year 2 Year 3 Total
City Facilities Services $271,233.00 $279,370.00 $287,751.00 $838,354.00
Camp Parks RFTA $330,887.00 $340,813.61 $351,038.02 $1,022,738.63
Services & Supplies
Extra Services (Est.) $25,000.00 $25,000.00 $25,000.00 $75,000.00
COVID Janitorial Services $95,616.00 $98,484.48 $101,439.01 $295,539.49
Janitorial Supplies (Est.) $53,817.50 $55,432.03 $57,094.99 $166,344.51
Totals $776,553.50 $799,100.12 $822,323.02 $2,397,976.63
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as work is
completed.
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit B — Page 2 of 2
288
EXHIBIT C
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin's Conflict of Interest requirements as specified in
the City's RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a potential
conflict of interest with the work on this project. Consultant agrees that, for the term of this agreement, no
member, officer or employee of the City of Dublin, or a public body within Alameda County or member of
delegate to the Congress of the United States, during his/her tenure of for one year thereafter, shall have any
direct interest in the contacts or any direct or material benefit arising therefrom.
Services Agreement between July 1, 2021
City of Dublin and Tri-Valley Janitorial Service & Supply, Inc. Exhibit C — Page 1 of 1
289