HomeMy WebLinkAbout*May 2, 2017 Agenda PacketMay 2, 2017 Dublin City Council Agenda Page 1 of 4
REGULAR MEETING
Tuesday, May 2, 2017
Council Chamber, 100 Civic Plaza
DUBLIN CITY COUNCIL
A G E N D A
Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov)
Agendas may be picked up at the City Clerk’s Office for no charg e, or to request information on being placed on
the annual subscription list, please call 833-6650.
A complete packet of information containing Staff Reports and exhibits relate to each item is available of public
review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council
members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is
available in the City Clerk’s Office and also at the Dublin Library.
CLOSED SESSION 6:30 P.M.
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 12+/- acre parcel located about 1,000 feet northwest of intersection of Dublin
Blvd. and Arnold Road (portion of the Camp Parks property)
Agency negotiator: Christopher L. Foss, City Manager
Negotiating parties: Dublin Unified School District
Under negotiation: Price and terms of payment
II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 3.6+/- acre parcel adjacent to the northeast intersection of Dublin Blvd. and
Scarlett Drive (portion of the Camp Parks property)
Agency negotiator: Christopher L. Foss, City Manager
Negotiating parties: Valley Children’s Museum
Under negotiation: Price and terms of payment
III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Undeveloped portion of APN 985-54-2 (Fallon Sports Park)
Agency negotiator: Christopher L. Foss, City Manager
Negotiating parties: Dublin Unified School District
Under negotiation: Price and terms of payment
IV. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
REGULAR MEETING 7:00 P.M.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1. Recognition of St. Patrick's Day Festival Sponsor
The City Council will formally recognize the Boulevard for its sponsorship of the 2017 St.
Patrick's Day Festival.
STAFF RECOMMENDATION:
Formally recognize the sponsor.
May 2, 2017 Dublin City Council Agenda Page 2 of 4
3.2. Employee Introduction: Olivia Nashed
New City Staff member Olivia Nashed, Community Development Office Assistant II, will be
introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
3.3. Recognition of 2017 Dublin Rotary Community Superstars
Dublin Rotary Club will recognize the winners of the 2017 Dublin Rotary Community
Superstars from the City of Dublin, Alameda County Fire Department, and Alameda County
Sheriff’s Office.
STAFF RECOMMENDATION:
Receive the presentation.
3.4. Public Comment
At this time, the public is permitted to address the City Council on non -agendized items. Please step to the podium and
clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with
State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may
respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the
matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a
future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not
appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with
one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent
Calendar for purposes of public input may request the Mayor to remove the item.
4.1. April 18, 2017 City Council Minutes
The City Council will consider approval of the minutes of the April 18, 2017 Regular City
Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the April 18, 2017 Regular City Council meeting.
4.2. Award of Contract to McGuire and Hester and Approval of Plans and Specification for
the Storm Drain Trash Capture Project, Project No. ST1312.
The City Council will consider awarding a construction contract to McGuire and Hester and
approving the plans and specifications for the Storm Drain Trash Capture Project, CIP No.
ST1312. The City Council will also consider approving a budget change to increase project
funding. The project will provide for the installation of two storm water trash capture
devices and associated modifications to the existing storm drain system. The trash capture
devices will be located in Amador Valley Boulevard east of I-680 and in an easement south
of the cul-de-sac terminus of Regional Street near I-580.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract for
Project No. ST1312 to McGuire and Hester for the Storm Drain Trash Capture Project; and
approve the budget change.
4.3. National Public Works Week Proclamation 2017
The City Council will consider proclaiming National Public Works Week in the City of
Dublin for the week of May 21 through 27, 2017.
STAFF RECOMMENDATION:
Present the proclamation.
4.4. Alameda County Fire Department Five-Year Evaluation on Fire Services
The City Council will receive a five-year evaluation report on fire services provided by the
Alameda County Fire Department.
STAFF RECOMMENDATION:
Receive the report.
May 2, 2017 Dublin City Council Agenda Page 3 of 4
4.5. Amended and Restated Energy Services Contract Between the City of Dublin and
OpTerra Energy Services, Inc.
The City Council will consider approval of an Amended and Restated Energy Services
Contract for Operation and Maintenance between the City of Dublin and OpTerra Energy
Services, Inc., successor-in-interest to Chevron Energy Solutions Company, a division of
Chevron U.S.A. Inc., to remove the Annual Performance Guarantee Fee agreed to in the
original contract.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Amended and Restated Energy Services Contract for
Operation and Maintenance between the City of Dublin and OpTerra Energy Services, Inc.
4.6. Fallon Sports Park Phase II, Project No PK0414 - Contract Change Order to Robert A.
Bothman, Inc., Amendments to Agreements with Carducci and Associates and with E.
Majdalani Construction Management, Inc.
The City Council will consider approving a contract change order to Robert A. Bothman,
Inc., the contractor for Fallon Sports Park Phase II, CIP No. PK0414, to add replacement of
existing synthetic turf fields to the contract. The City Council will also consider amending
professional services agreements with Carducci and Associates and E. Majdalani
Construction Management, Inc. and approving a budget change to increase project funding.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Amendment to the Consulting Services Agreement with
Carducci and Associates Incorporated; adopt the Resolution Approving an Amendment to
the Consulting Services Agreement with E. Majdalani Construction Management Inc.; adopt
the Resolution Approving Change Order No. 2 with Robert A. Bothman, Inc. for Fallon
Sports Park Phase II, Project No. PK0414; and approve the budget change.
4.7. Award of Contract to St. Francis Electric, LLC, Waive Minor Bid Irregularity, and
Approve a Memorandum of Understanding with the City of Vallejo for Purchase of
Rule 20A Credits for the Dublin Boulevard Rule 20A Underground Utility District
2013-1 “Sierra Court to Dublin Court”, Project No. ST1012
The City Council will consider awarding a construction contract to St. Francis Electric, LLC,
for the Dublin Boulevard Rule 20A Underground Utility District 2013-1 “Sierra Court to
Dublin Court”, Project No. ST1012. Additionally, the City Council will consider approving a
Memorandum of Understanding with the City of Vallejo for the acquisition of Rule 20A
Credits for the construction of this project. The Underground Utility District project is the
first phase of construction for the widening of Dublin Boulevard to six lanes and provides for
the utility undergrounding of electric, cable TV, and communication li nes and the removal of
overhead poles along Dublin Boulevard from Sierra Court to Dublin Court.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing the City Manager to Execute the Memorandum of
Understanding with the City of Vallejo for the Acquisition of Rule 20A Credits, Waiving a
Minor Bid Irregularity; and Adopt the Resolution Awarding a Contract for Project No.
ST1012 to St. Francis Electric, LLC, for the Dublin Boulevard Rule 20A Underground
Utility District 2013-1 “Sierra Court to Dublin Court”; and, approve the budget change.
4.8. Award of Contract to Suarez and Munoz Construction, Inc. and Approval of Plans and
Specification for the Dublin Sports Grounds Renovation, Project No. PK01416
The City Council will consider awarding a construction contract to Suarez and Munoz
Construction, Inc and approving the plans and specifications for the Dublin Sports Grounds
Renovation, CIP No. PK0416. The City Council will also consider approving a budget
change to increase project funding. The project includes improvements to baseball fields #4,
#5 and #6 including new dugout shade structures, scorekeepers’ booths, trash and recycling
receptacles, and concrete paving and a drinking fountain for field #6.
May 2, 2017 Dublin City Council Agenda Page 4 of 4
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract for
Project No. PK0416 to Suarez and Munoz Construction, Inc. for Dublin Sports Grounds
Renovation, and approve the budget change.
5. WRITTEN COMMUNICATION – NONE.
6. PUBLIC HEARING – NONE.
7. UNFINISHED BUSINESS
7.1. History on the Public Art Ordinance and Fee
At its meeting on February 21, 2017, the City Council requested that Staff provide history on
the Public Art Ordinance and Public Art Fund, the number of developers exercising the in-
lieu option and any restrictions on use of the Public Art Fund.
STAFF RECOMMENDATION:
Receive the report and provide Staff with direction.
8. NEW BUSINESS
8.1. Resolution Approving Public Agencies Post-Employment Benefits Trust Program by
Public Agency Retirement Services (PARS) to Pre-Fund Pension Obligations
The City Council will consider the establishment of an irrevocable Section 115 trust,
administered by Public Agency Retirement Services, to pre-fund pension obligations. This
option would supplement the City's annual contributions to CalPERS, at the discretion of the
City. Any funds in the trust would count as pension assets, thus reducing the City’s net
pension liability, which can be used to offset increasing pension rates.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Adoption of the Public Agencies Post-Employment
Benefits Trust Administered by Public Agency Retirement Services (PARS).
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports
and reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate
alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make
a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833 -
6650 at least 72 hours in advance of the meeting.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters
new opportunities.
Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Recognition of St. Patrick's Day Festival Sponsor
Prepared by: Tegan McLane, Cultural Arts & Herita ge Manager
EXECUTIVE SUMMARY:
The City Council will formally recognize the Boulevard for its sponsorship of the 2017
St. Patrick's Day Festival.
STAFF RECOMMENDATION:
Formally recognize the sponsor.
FINANCIAL IMPACT:
The City received $75,000 in cash sponsorship toward the St. Patrick’s Day Festival
and Shamrock 5K Fun Run & Walk.
DESCRIPTION:
The City Council will formally recognize the Boulevard for its cash donation of $4,000 for
the 34th annual St. Patrick’s Day Festival and 19th annual Shamrock 5K Fun Run and
Walk.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
3.1
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STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Employee Introduction: Olivia Nashed
Prepared by: Taryn Gavagan Bozzo, Executive Aide
EXECUTIVE SUMMARY:
New City Staff member Olivia Nashed, Community Development Office Assistant II, will
be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff member Olivia Nashed, Community Development Office
Assistant II, will be introduced to City Council.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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None
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STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Recognition of 2017 Dublin Rotary Community Superstars
Prepared by: Taryn Gavagan Bozzo, Executive Aide
EXECUTIVE SUMMARY:
Dublin Rotary Club will recognize the winners of the 2017 Dublin Rotary Community
Superstars from the City of Dublin, Alameda County Fire Department, and Alameda
County Sheriff’s Office.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Annually, the Dublin Rotary Club has selected City Staff (Fire, Police and Non -
Emergency Service) as part of the Rotary “Give Thanks - Superstar Awards” Program.
Dublin Rotary will acknowledge the 2017 Dublin Rotary Superstar recipients.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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None.
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STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
April 18, 2017 City Council Minutes
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the April 18, 2017 Regular City
Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the April 18, 2017 Regular City Council meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the April 18, 2017 Regular City
Council meeting.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Draft Minutes of the April 18, 2017 Regular City Council Meeting
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – APRIL 18, 2017
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
APRIL 18, 2017
A Regular Meeting of the Dublin City Council was held on Tuesday, April 18, 2017, in
the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor
David Haubert.
1. Call to Order
Attendee Name Title Status
David Haubert Mayor Present
Don Biddle Vice Mayor Present
Arun Goel Councilmember Present
Abe Gupta Councilmember Present
Melissa Hernandez Councilmember Present
2. Pledge of Allegiance - The pledge of allegiance was recited by the City Council, Staff
and those present at the meeting.
3. Oral Communications
3.1. Proclamation for American Red Cross Month, March 2017
By consensus, the City Council proclaimed March 2017 as American Red Cross
month and presented the proclamation to the American Red Cross.
3.2. St. Patrick's Day Festival Report
The City Council formally accepted the donations.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Don Biddle, Vice Mayor
SECOND: Abe Gupta, Councilmember
AYES: Haubert, Biddle, Abe Gupta, Goel, Hernandez
3.3. Employee Introductions: Marissa Clevenger, Sgt. Alan Dumatol, Sgt. Chris
Shepard, Diana Mann, Darla Murtaugh, Danielle Diaz, and Michael Boitnott.
The City Council welcomed the new employees and congratulated the
employees on their promotions.
3.4. Report on 2017 Dublin Pride Week Activities
By consensus, the City Council received the 2017 Dublin Pride Week Report .
4.1.a
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DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
APRIL 18, 2017
3.5. Public Comment
Dean Wallace, Dublin resident, provided public comment.
Heather Whiting, Dublin resident, provided public comment.
Jean Josey, Dublin resident, provided public comment.
Mary Washington, Dublin resident, provided public comment.
Annie McDonald, Dublin resident, provided public comment.
Sammy Jo Rudy, Dublin resident, provided public comment.
Madeline Nobida, Dublin resident, provided public comment.
Leann Nobida, Dublin resident, provided public comment.
Katherine Utsumi, Dublin resident, provided public comment.
Chris Bennett, Dublin resident, provided public comment.
Debra Lloyd, Dublin resident, provided public comment.
Carrie Collins, Dublin resident, provided public comment.
Michelle McDonald, Dublin resident, provided public comment.
Courtney Varela, Dublin resident, provided public comment.
Laura Murguia provided public comment.
4. Consent Calendar
By unanimous vote, the City Council took the following actions:
4.1. Approved the minutes of the April 4, 2017 Regular City Council meeting.
4.2. Presented the Small Business Week proclamation.
4.3. Received the Payment Issuance report.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
APRIL 18, 2017
4.4. Waived the reading and adopted
ORDINANCE NO. 04 – 17
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBLIN AND TRIAD DUBLIN GATEWAY, L.P. TO ALLOW
FOR A FIVE YEAR TIME EXTENSION WITH CONDITIONS PA 06-026
4.5. Adopted
RESOLUTION NO. 37 – 17
REJECTING ALL BIDS FOR THE PUBLIC SAFETY COMPLEX - POLICE SERVICES
BUILDING (PROJECT NO. GI0116)
4.6. Adopted
RESOLUTION NO. 38 – 17
ACCEPTING THE TASSAJARA ROAD OVERLAY IMPROVEMENTS
(PROJECT NO. ST5016)
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Don Biddle, Vice Mayor
SECOND: Abe Gupta, Councilmember
AYES: Haubert, Biddle, Abe Gupta, Goel, Hernandez
5. Written Communication – None.
6. Public Hearing
6.1. Site Development Review for 7201 Regional Street
Mayor Haubert stated that he had spoken to the Applicant.
Cm. Hernandez stated that she had spoken to the Applicant.
Cm. Goel stated that he had received an email from Steve Minnear.
Cm. Gupta stated that she had spoken to the Applicant.
Mayor Haubert opened the public hearing.
Vic DeMelo, Vice President of Browman Development Company Inc. and
Applicant, provided information on this item.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
APRIL 18, 2017
Tammy Ficarra, Dublin resident, provided public comment.
Marie Marshall, Dublin resident, provided public comment.
Marlene Massetti, Dublin resident, provided public comment.
Darryl Broman, President of Browman Development Company Inc. and
Applicant, provided comment.
Stephen Wright, Dublin resident, provided public comment.
The Mayor closed the public hearing.
Adopted
RESOLUTION NO. 39 – 17
REVERSING PLANNING COMMISSION RESOLUTION 17-01 AND APPROVING THE
SITE DEVELOPMENT REVIEW PERMIT FOR EXTERIOR CHANGES TO AN
EXISTING 60,111 SQUARE FOOT RETAIL BUILDING AND ASSOCIATED SITE
IMPROVEMENTS AT 7201 REGIONAL STREET (APN 941-0305-016-00)
PLPA-2016-00038
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Don Biddle, Vice Mayor
SECOND: Abe Gupta, Councilmember
AYES: Haubert, Biddle, Abe Gupta, Goel, Hernandez
7. Unfinished Business – None.
8. New Business
8.1. Current Policies on Commissioner Absenteeism and Best Practices from
Surrounding Communities
By unanimous vote, the City Council directed Staff to return with Resolutions and
Ordinances that state Commissioners or Committee members who are absent for
three regular meetings in a 12-month rolling period will be automatically
dismissed. They will be replaced by the standard unscheduled vacancy practice.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 5
REGULAR MEETING
APRIL 18, 2017
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Abe Gupta, Councilmember
SECOND: Melissa Hernandez, Councilmember
AYES: Haubert, Biddle, Abe Gupta, Goel, Hernandez
9. Other Business
By consensus, the City Council asked Staff to return with a proclamation, with the help
of Mayor Haubert and Cm. Goel, stating that the City supports kindness, community,
and diversity; and does not tolerate bullying, discrimination, and hatred.
10. Adjournment
The meeting was adjourned by Mayor David Haubert at 9:44 p.m.
Mayor
ATTEST:
___________________________
City Clerk
4.1.a
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STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Award of Contract to McGuire and Hester and Approval of Plans and
Specification for the Storm Drain Trash Capture Project, Project No.
ST1312.
Prepared by: Michael Boitnott, Capital Improvement Program Manager
EXECUTIVE SUMMARY:
The City Council will consider awarding a construction contract to McGuire and Hester
and approving the plans and specifications for the Storm Drain Trash Capture Project,
CIP No. ST1312. The City Council will also consider approving a budget change to
increase project funding. The project will provide for the installation of two storm water
trash capture devices and associated modifications to the existing storm drain system.
The trash capture devices will be located in Amador Valley Boulevard east of I -680 and
in an easement south of the cul-de-sac terminus of Regional Street near I-580.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract
for Project No. ST1312 to McGuire and Hester for the Storm Drain Trash Capture
Project; and approve the budget change.
FINANCIAL IMPACT:
The total existing budget for the improvement project is $546,877 (for soft costs and
equipment installation), funded by the General Fund reserve for Municipal Regional
Permit requirements, for the construction of one unit on Amador Valley Boulevard.
Expanding the project to include an additional unit at Regional Street would require the
City Council’s approval of a budget increase of $243,251, which can be covered by the
same reserve (current reserve balance is $2.25 million).
The amount of the lowest responsive bid for the installation work was $521,913.00. A
10 percent construction contingency in the amount of $52,191.00 is requested for
unforeseen construction issues, bringing the total cost to $574,104.00.
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DESCRIPTION:
The 2016-2020 Capital Improvement Program (CIP) includes the Storm Dra in Trash
Capture Project (CIP No. ST1312). The project provides for the installation of storm
water trash capture devices and modifications to the existing storm drain system in
compliance with the Municipal Regional Permit (MRP). A General Fund reserve was
set up in Fiscal Year 2014-15 and funded with $2.25 million for these purposes.
The project currently includes budget for a trash capture device at Amador Valley
Boulevard, east of I-680. With approval of the attached budget change to use another
$243,251 of the General Fund MRP reserve, the project will be expanded to provide for
another device in an easement south of the southern terminus of Regional Street, near
I-580. The trash capture device uses swirl concentration and continuous deflective
separation to screen, separate and trap trash, debris, sediment, and hydrocarbons from
storm water runoff prior to discharging the water into a creek or drainage canal. This
project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines.
The project was previously bid in the summer of 2016. At that time, the City received
bids, with the lowest bid being approximately 47% over the construction estimate. One
reason for the high bid prices was the contractor mark up on the trash capture devi ces.
On August 16, 2016, City Council rejected those bids and authorized the direct
purchase of the two storm drain trash capture devices from Contech Engineered
Solutions, LLC. Subsequently staff revised the bid package, plans, and specifications,
and rebid the construction.
A total of two (2) sealed bids were received on April 4, 2017, ranging from $521,913.00
to $578,083.00 and a summary of the bids is provided as Attachment 1. The low bid of
$521,913.00 was submitted by McGuire and Hester Inc. Staff has reviewed the bid
results, checked references and necessary licenses, and recommends that the City
Council adopt the Resolution (Attachment 2) awarding the Contract for Storm Drain
Trash Capture, Project No. ST1312 to McGuire and Hester as the lowest responsive
bidder.
To facilitate the approval of contract change orders and to avoid construction delay, it is
requested that the City Manager be authorized to approve change orders up to the
contingency amount of $52,191.00. The Resolution will authorize this change as it
relates to this Project.
Staff expects the project to begin in June and anticipates completion of the majority of
the improvements by the end of August 2017.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to McGuire and Hester Inc.
ATTACHMENTS:
1. Bid Results
2. Resolution Approving the Plans and Specifications and Awarding a Contract for
Project No. ST1312 to McGuire and Hester for the Storm Drain Trash Capture Project
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3. Budget Change Form
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Attachment 1
Storm Drain Trash Capture Project
ST1312
Bid Date:4/4/2017 2:00PM
BASED BID
ITEM Qty.UNIT Unit CostExtensionUnit CostExtension
1 1LS$50,000.00$50,000.00$56,000.00$56,000.00
2 1LS$38,000.00$38,000.00$35,000.00$35,000.00
3 1LS$15,000.00$15,000.00$35,000.00$35,000.00
4 1LS$12,500.00$12,500.00$50,000.00$50,000.00
5 1LS$7,500.00$7,500.00$3,000.00$3,000.00
6 106LF$15.00$1,590.00$25.00$2,650.00
7 570SF$7.50$4,275.00$5.00$2,850.00
8 3,500SF$5.50$19,250.00$1.75$6,125.00
9 230SF$8.00$1,840.00$10.00$2,300.00
10 760CY$135.00$102,600.00$41.00$31,160.00
11 24LF$42.00$1,008.00$72.00$1,728.00
12 56LF$35.00$1,960.00$50.00$2,800.00
13 300SF$6.00$1,800.00$6.00$1,800.00
14 440CY$55.00$24,200.00$52.00$22,880.00
15 50TON$435.00$21,750.00$180.00$9,000.00
16 10LF$529.00$5,290.00$630.00$6,300.00
17 12LF$1,100.00$13,200.00$950.00$11,400.00
18 40LF$335.00$13,400.00$370.00$14,800.00
19 50LF$125.00$6,250.00$170.00$8,500.00
20 1LS$52,000.00$52,000.00$86,000.00$86,000.00
21 1LS$35,000.00$35,000.00$84,000.00$84,000.00
22 1EA$5,500.00$5,500.00$8,500.00$8,500.00
23 1EA$3,400.00$3,400.00$7,500.00$7,500.00
24 3,600SF$15.00$54,000.00$18.00$64,800.00
25 190SF$64.00$12,160.00$42.00$7,980.00
26 300SF$20.00$6,000.00$11.00$3,300.00
27 86LF$80.00$6,880.00$75.00$6,450.00
28 1LS$4,800.00$4,800.00$5,500.00$5,500.00
29 95LF$8.00$760.00$8.00$760.00
TOTAL $521,913.00$578,083.00
Project Name:
McGUIRE & HESTERJMB CONSTRUCTION INC
CITY OF DUBLIN
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
BID SUMMARY
DESCRIPTION
Mobilization (Maximum bid 10%)
Traffic Control (Maximum bid 10%)
Control of Water & Dewatering
Project No. :
Shoring, Including 3rd Party Review
Water Pollution Control Work
Remove Curb & Gutter
Remove 12” Asphalt Concrete
Remove 3” Asphalt Concrete
Remove Reinforced Concrete Slab
Soil Off-Haul (10% Bulking Allowance)
Remove 36” RCP
Remove 30” RCP
Remove Sidewalk, Planter, and Other Demolition
Class 2 Aggregate
Install Contech Model CDS 4045-10 "Regional Site, Owner Furnish Unit"
12” Hot Mix Asphalt
30” RCP
36” RCP
36” SRPE Duromaxx Pipe
12” SDR26 PVC Pipe
Concrete Valley Gutter
Drain Inlet Conversion to Manhole
Painted “Red” Curb
Install Contech Model CDS 4030-10 "Amador Valley Blvd. Site, Owner furnish unit"
Storm Drain Manhole
Drain Inlet
6” Reinforced Concrete Slab
8” Reinforced Concrete Pad
Concrete Sidewalk and Planter
APPARENT LOW BIDDER
1
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ATTACHMENT 2
RESOLUTION NO. XX- 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A CONTRACT FOR
PROJECT NO. ST1312 TO MCGUIRE AND HESTER FOR STORM DRAIN TRASH CAPTURE
PROJECT.
WHEREAS, Staff completed plans and specifications for the Storm Water Trash Capture Project,
Project, Project No. ST1312 (“Project”). The Project will provide for the installation of a storm water trash
capture device and modifications to the existing storm drain system to accommodate a unit at Amador
Valley Boulevard east of I-680 and a second unit at the extension of Regional Street near I-580.
WHEREAS, the City of Dublin did, on April 4, 2017, publicly open, examine, and declare all
sealed bids for doing the work described in the approved Plans, Specifications, and Modifications for
Project No.ST1312, Storm Drain Trash Capture Project, which Plans, Specifications, and Modifications
are hereby expressly referred to for a description of said work and for all part iculars relative to the
proceedings under the request for bids; and
WHEREAS, said bids were submitted to the Public Works Director, who has recommended that
the bid hereinafter is the lowest and best bid for doing said work; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the plans and specifications for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award the
Contract for Project No. ST1312, Storm Drain Trash Capture, to the lowest responsible bidder therefore,
to wit, McGuire and Hester, at a bid of Five Hundred and Twenty-One Thousand, Nine Hundred and
Thirteen Dollars and no Cents ($521,913.00), the particulars of which bid are on file in the Office of the
Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize
the City Manager or his designee to approve the project Contract Change Orders based on the
appropriated funds designated for Project No. ST1312 up to the contingency amount of $52,191.00.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Construction
Agreement with McGuire and Hester.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Budget Change Reference #:
From Un-Appropriated Reserves Budget Transfer Between Funds
From Designated Reserves X Other
Account Amount Account Amount
ST1312.9400.9401 - Improvements $243,251
3600.9601.49999 (Transfers In)$243,251
ST1312.1001 (1001.9601.89101) - General
Fund - Transfers Out $243,251
5/2/2017
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
To incorporate additional device and bid results.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2016-17
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
EXP: General Fund -Storm Drain Trash Capture - Improvements
City Council's Approval Required
C:\Users\carolines\appdata\local\temp\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\2039 2039
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STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
National Public Works Week Proclamation 2017
Prepared by: Dan Stevenson, Public Works Manager
EXECUTIVE SUMMARY:
The City Council will consider proclaiming National Public Works Week in the City of
Dublin for the week of May 21 through 27, 2017.
STAFF RECOMMENDATION:
Present the proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Since 1960, the American Public Works Association (APWA) has sponsored National
Public Works Week to educate the general public about the value and necessities of
public works projects throughout North America and to celebrate the thousands of men
and women who plan, build, maintain, operate and manage public infrastructure within
their communities. This year, May 21, 2017, through May 27, 2017, has been
designated as National Public Works week, with the theme “Public Works Connects
Us.” National Public Works Week celebrates the vital role public works plays in
connecting us all together and recognizes the efforts of the Public Works Department in
building and maintaining the City’s infrastructure to assure a higher quality of life in the
community.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Proclamation National Public Works Week 2017
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2. 2017 National Public Works Week Poster
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A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“National Public Works Week”
WHEREAS, public works infrastructure, facilities, and services are of vital importance to sustainable communities and to the health,
safety, and well-being of this nation; and
WHEREAS, such facilities and services could not be provided without the dedicated efforts of public works professionals, engineers,
managers, and employees who are responsible for and must plan, design, build, operate, and maintain the trans portation, water supply,
sewage and refuse disposal systems, public buildings, and other structures and facilities essential to serve our citizens; an d
WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and servi ces; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent
upon the efforts and skill of public works officials; and
WHEREAS, it is in the public interest for the citizens and civic leaders of this nation to gain knowledge of and to maintain a progressive
interest in the public works needs and programs of their respective communities ;
NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council, does hereby proclaim the week of May 21-27, 2017, as
“National Public Works Week” in the City of Dublin, and I call upon all citizens and civic organizations to acquaint themselves with the
issues involved in providing our public works and to recognize the contributions which pub lic works officials make every day to our
health, safety, comfort, and quality of life.
DATED: May 2, 2017
______________________________ ______________________________
Mayor Haubert Vice Mayor Biddle
______________________________ ______________________________ ___________________________
Councilmember Goel Councilmember Gupta Councilmember Hernandez
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STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Alameda County Fire Department Five-Year Evaluation on Fire Services
Prepared by: David Rocha, Fire Chief; H. Wetherford, Asst. to the CM
EXECUTIVE SUMMARY:
The City Council will receive a five-year evaluation report on fire services provided by
the Alameda County Fire Department.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
There is no financial impact to receiving this information.
DESCRIPTION:
Pursuant to the Fire and Emergency Response Services Agreement between the City
and the Alameda County Fire District (ACFD), the City and ACFD agreed to jointly
prepare an evaluation of services provided to the City every five (5) years and present
the evaluation to the City Council by June 30th of every fifth year.
The current Agreement has a term of 20 years which commenced on July 1, 2012 and
expires on June 30, 2032. ACFD has provide d the City with a high level of service
since 1993, and this report will summarize and highlight certain agreement areas over
the past five-year period.
QUALITY OF SERVICES PROVIDED
STATION LOCATION AND STAFFING:
Alameda County Fire Department (ACFD) operates three fire stations within the
City limits. Station 16 is located on 7494 Donohue Drive and operates one
engine company with three firefighters. Station 17 is located at 6200 Madigan
Road and houses one engine company and one truck company with th ree
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personnel on each apparatus. Station 18 is located at 4800 Fallon Road and
operates one engine company with three personnel.
ACFD utilizes a constant staffing model as a department standard; this means
that the appropriate numbers of personnel are available to fill all positions at each
station on a daily basis. Each engine and truck company within the City of Dublin
is capable of providing paramedic level services. All ACFD apparatus have a
minimum of one paramedic and two emergency medical technic ians. There is a
minimum of four paramedics assigned to the City of Dublin at all times.
In addition to the staffing on each apparatus from Stations 16, 17 and 18, the City
of Dublin receives automatic aid from San Ramon Valley Fire Protection District
(SRVFPD) Engine 39, Livermore-Pleasanton Fire Department, and the full depth
of resources of ACFD’s 34 companies. These resources are built into
designated responses and are also utilized on an as-needed basis. Response
units are utilized to ensure that the closest resources are responding in adequate
numbers and that established standards of coverage are maintained within the
City.
RESPONSE TIMES:
ACFD has met or exceeded the contract requirement for emergency response
times for each of the last five fiscal years. The response time standard requires
that the first fire unit arrive on scene within five minutes or less 90% of the time.
From July 1, 2011 through June 30, 2016, the first responding ACFD unit arrived
on the scene, for all emergencies within five minutes or less 91% of the time.
EMERGENCY RESPONSE TIMES
Fiscal
Year
All Emergency Calls
<5-minute response
All Calls
<5-minute response
2011-2012 92% 91%
2012-2013 91% 90%
2013-2014 91% 90%
2014-2015 91% 90%
2015-2016 92% 90%
ACFD met or exceeded the response time standard of two engines and one truck
on scene for first alarm assignments within 10 minutes of dispatch 90% of the
time. For first alarm fires, ACFD did not meet the full first alarm standard in FY
2011-2012. These response times represent calls where each apparatus arrived
on scene and the incident was confirmed at the specified location.
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FIRST ALARM RESPONSE TIMES
Fiscal Year First Alarms
<10 minutes
First Alarms
>10 minutes Percentage
2011-2012 21 3 87%
2012-2013 24 1 96%
2013-2014 54 2 96%
2014-2015 32 2 94%
2015-2016 48 1 97%
ADEQUACY OF SERVICES PROVIDED
A. Fire Protection/Response Services
EMERGENCY MEDICAL RESPONSE:
ACFD provides a minimum of one paramedic on all fire apparatus in the
City of Dublin at all times. To date, the response times to Emergency
Medical Service (EMS) calls within the City have exceeded the County
EMS contractual requirement of 10 minutes or less 90% of the time. In
addition, ACFD provides medical oversight and a comprehensive quality
improvement program as required in the City’s First Responder Advance
Life Support (FRALS) Agreement. ACFD has been in compliance with all
applicable county and state data and certification/licensure requirements.
HAZARDOUS MATERIALS RESPONSE:
ACFD maintains a fully functioning hazardous materials team. The team
is equipped and trained to handle a variety of hazardous materials
incidents including radiological and biological incidents. The team is
classified Type I as defined by the California Office of Emergency
Services. It responds and functions from specifically equipped hazardous
materials response units. ACFD is part of the Alameda County Mutual Aid
Plan, which insures the appropriate response to incidents that would
otherwise overwhelm the fire resources in Dublin/ACFD.
B. Fire Prevention Services
FIRE PREVENTION SERVICES:
Staffing for the City of Dublin Fire Prevention Bureau consists of one
Deputy Fire Marshal, one Fire Code Compliance Officer, and one Senior
Office Assistant II (City of Dublin position). The on-site Deputy Fire
Marshal provides coordination of daily activities for Fire Prevention
personnel assigned to the City. The Fire Marshal is also available to
attend planning and development meetings as needed and provides
oversight for the ACFD Fire Prevention activities.
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Fire Investigation – ACFD provides fire investigation services to determine
origin and cause. Fire Investigators are called by operational personnel
when the need arises.
Occupancy Inspections – Fire Prevention personnel perform all required
inspections relating to construction, fire operational permits and the self -
inspection program. Fire companies perform the required mandated
inspections for public schools and multi-family housing.
Fire prevention Bureau Investigations & Inspections
Fiscal
Year
Investigations Inspections
2011-2012 1 3,189
2012-2013 1 3,757
2013-2014 0 2,163
2014-2015 6 3,796
2015-2016 2 4,330
Plan Submittal Review – The City’s Community Development Department
reported that plans for new construction and tenant improvements have
been submitted and reviewed within the established City standards. In
addition, the Fire Prevention Bureau has reviewed planning department
referrals for plan development, tract map, parcel map and conceptual
designs.
Development Inspection – Development inspections are performed at a
number of stages during the development process. Fire Prevention
personnel inspect the water supply, fire sprinklers, hydrants and alarm
systems prior to issuing a temporary or f inal certificate of occupancy by
the Building Department.
Fire Prevention Revenue
Fiscal Year Construction
Revenue
Permit
Revenue
2011-2012 $279,151 $56,554
2012-2013 $434,374 $72,765
2013-2014 $412,159 $103,320
2014-2015 $617,760 $102,013
2015-2016 $656,180 $103,456
Fireworks Administration – Fire Prevention personnel administer the
permitting of annual fireworks booths throughout the City. Individual
booths are inspected prior to opening and throughout the sales period as
needed. Each site is inspected following the 4th of July to assure proper
cleanup of all related materials has taken place so a refund of deposits
can be approved.
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Firework Booths
Fiscal Year # of Booths
2011-2012 14
2012-2013 15
2013-2014 16
2014-2015 17
2015-2016 14*
*A small number of groups applied for firework booths in 2015 -2016, and
some of the groups teamed together so the number of booths decreased.
Weed Abatement – Abatement notices are sent out annually in March to
notify individuals of the need for vegetation ab atement on their property.
Owners who do not notify the Fire Prevention Bureau of compliance within
the established time frame will have their property inspected to determine
compliance. Individuals not in compliance are sent a notice of violation
advising them that a contractor may abate the property and that they are
responsible for the associated costs.
Fire Prevention Fees and Miscellaneous – The Fire Prevention Bureau
performs business license application inspections for all new businesses.
Inspections occur any time a new business locates within the City or
changes operations that requires a new license. The inspections result in
the business being added to the permitted occupancies list or put into the
self-inspection program. The self -inspection program is organized through
the business license application process and requires an on -site fire
inspection every three years.
C. Community Educations:
The Alameda County Fire Department Public Education Assistant
coordinates community relations and public education requests and
services. The individual works out of the Fire Administration Office. There
are a variety of education and training programs provided to the City of
Dublin. The following is a brief list of the programs offered:
Station Tours and Apparatus Visits
Personnel Emergency Preparedness (PEP) Presentations
Community Emergency Response Team (CERT) Training
Community CPR (Hands-Only CPR)
Career Day Speakers
Public Information Notifications via Social Media & AC Alert
Dublin High School’s Every 15 Minutes
Updating of City of Dublin website (ACFD pages)
Community Festival/Fair Participation
COST OF SERVICES
The ACFD annual budget submission to the City has followed the internal time
lines and deadlines established by the City. The annual bu dget submission (both
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narrative and budget data) is prepared in a format that corresponds to the City’s
budget document. Fire Staff and City Staff have worked cooperatively during
each year’s budget development process to ensure that all questions and iss ues
are resolved to the satisfaction of the City.
The chart below summarizes the ACFD contract and budget variance over the last
contract period.
ACFD Contract Budget Versus Actual for the Last Contract Period
COST ANALYSIS:
The Alameda County Fire Department (ACFD) realizes the importance to the City
of Dublin of ensuring services are being delivered in the most cost effective and
efficient manner possible. To demonstrate the value of the contract for service
between the City of Dublin and the ACFD, a comparison to another agency for
cost per FTE and cost per company is provided in the following two tables using
FY 2016-2017 adopted fire services operating budget. Both comparisons
demonstrate the benefits of contracting for service with the Alameda County Fire
Department.
Operating
Budget
# of FTE Cost per FTE
City of Dublin $12,383,832 44 $281,451
City of Fremont $46,343,000 159 $291,465
Operating
Budget
# of
Companies
Cost per
Company
City of Dublin $12,383,832 4 $3,095,958
City of Fremont $46,343,000 13 $3,564,846
This assessment doesn’t consider the enhanced services provided by the ACFD
that Fremont doesn’t offer. Enhanced services include a hazardous materials
team, urban search and rescue company, bulldozer, water rescue and immediate
access to any ACFD resources.
The overall cost and resource benefit of the contract clearly demonstrates an
advantage to the City of Dublin in contracting with the Alameda County Fire
Department. The Alameda County Fire Department provides a unified response
to emergency, centralized management of resources, reduction of duplication,
“economies of scale” which improve cost containment, the ability to provide
specialized services and retention of local control t hrough a well-structured
contract.
FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16
Budget $10,382,024 $10,760,428 $11,290,961 $11,645,055 $11,787,975
Actual $10,168,994 $10,544,874 $10,646,655 $11,406,449 $11,471,283
Variance ($213,030) ($215,554) ($644,306) ($238,606) ($316,692)
Variance% -2.1% -2.0% -5.7% -2.0% -2.7%
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Page 7 of 8
REPORTS AND RECORDS:
County Audit ̶ ACFD is audited on an annual basis by an independent financial
auditor. Additionally, the Alameda County Auditor -Controller’s Office conducts
periodic audits of ACFD’s specific operational and/or fiscal areas (i.e. fixed
assets audit, payroll audit, etc.). City Staff has reviewed the most recent ACFD
financial audit as part of the contract review.
Fire Department Complaints ̶ All complaints received by the ACFD are
forwarded to a Deputy Fire Chief. Each complaint is followed up on and
documented by the Deputy Chief handling the complaint. During the term of this
review, no formal complaints concerning the City of Dublin were received. It is
ACFD policy that the City Manager would be fully informed about any complaints
and subsequent remedies.
ACFD Fire Advisory Commission ̶ The ACFD Fire Advisory Commission meets
on a quarterly basis on the third Thursday of February, May, August and
November. The City of Dublin holds a seat on the Commission. The Dublin City
Council appoints the representative to the Commission.
INVENTORY:
In 1997, and after the dissolution of Dougherty Regional Fire Authority (DRFA),
the City created a comprehensive inventory listing of those fixed asset s owned
by the City of Dublin. Over the past 20-year period, the City has tracked the Fire
Services inventory through the City’s Equipment Internal Service Schedule, the
Fire Station Building Replacement Schedule and the City’s Fixed Asset System.
ACFD has provided the City with complete inventories of each new apparatus
purchased by the City.
FACILITIES:
Buildings and Real Property ̶ Fire Stations 16, 17 and 18 are owned and
maintained by the City of Dublin and the City budgets annually for facility
maintenance and capital projects. Day-to-day maintenance is handled by the
City’s contract with the MCE Corporation through the Public Works Department.
Apparatus and Equipment ̶ Apparatus and equipment within the City is owned
by the City of Dublin. Maintenance of fire apparatus is provided by ACFD
mechanics and billed to the City of Dublin.
Payment of Services ̶ The existing contract language specifies that the
Department will provide the City an expenditure breakdown and invoice for
current services on a quarterly basis.
Evidence of Insurance ̶ Staff has reviewed the evidence of insurance and self -
insurance certificate that reflects the County of Alameda’s self -insured liability
and workers’ compensation policy limits.
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DISPATCH:
The Alameda County Regional Emergency Communications Center (ACRECC),
a nationally accredited and distinguished Center of Excellence, is managed by
the ACFD and has served as the Alameda County regional fire and emergency
services (EMS) dispatch center since 2002. In addition to the City of Dublin, the
County EMS Agency, the Cities of Alameda, Livermore, Pleasanton, Fremont,
and Camp Parks are also participants in ACRECC. Alameda County’s private
ambulance provider, Paramedics Plus, is also dispatched out of ACRECC.
Dispatching fire, EMS, and ambulance calls from the same center provides for
better coordination and quicker response times to emergency incidents.
The chart below summarizes the cost per call for each of the past five fiscal
years.
Fiscal Year Cost Per Call
2011-2012 $35.77
2012-2013 $35.45
2013-2014 $32.46
2014-2015 $32.86
2015-2016 $36.69
The cost per call for ACRECC is significantly lower than for comparable
communication centers, which range from $40 to $60 per call. ACFD will
continuously work on integrating other fire departments into ACRECC to ensure
providing the City with high quality, cost-effective fire dispatch services, state of
the art emergency medical dispatch and excellent customer service.
The regional dispatch center provides the City of Dublin with high quality cost-
effective fire dispatch services, state of the art emergency medical dispatch and
excellent customer service.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this Staff Report was provided to the Alameda County Fire Department.
ATTACHMENTS:
None.
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amended and Restated Energy Services Contract Between the City of
Dublin and OpTerra Energy Services, Inc.
Prepared by: Dan Stevenson, Public Works Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of an Amended and Restated Energy Services
Contract for Operation and Maintenance between the City of Dublin and OpTerra
Energy Services, Inc., successor-in-interest to Chevron Energy Solutions Company, a
division of Chevron U.S.A. Inc., to remove the Annual Performance Guarantee Fee
agreed to in the original contract.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Amended and Restated Energy Services Contract
for Operation and Maintenance between the City of Dublin and OpTerra Energy
Services, Inc.
FINANCIAL IMPACT:
Savings of approximately $35,000 annually.
DESCRIPTION:
In order to curtail the high cost of energy and to prom ote greater sustainability within the
City, the City Council approved an agreement with Chevron Energy Solutions in May
2011 to conduct an energy audit of all City facilities. Chevron completed the audit and
provided the City with a proposed Energy Action Plan that included a detailed
implementation strategy highlighting energy efficient upgrades and renewable energy
productions projects.
On August 1, 2011, the City entered into an Energy Service Contract and an associated
financing contract with Chevron Energy Solutions for the implementation and funding of
certain energy related improvements to City of Dublin Facilities.
One of the negotiated terms is a Performance Guarantee which served as an insurance
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policy for the City in the event that the solar generation and the energy efficiency
upgrades did not meet or exceed the energy performance expectations that Chevron
projected. The initial agreement committed the City to the Performance Guarantee for
the first three years of the agreement.
To date, the system has outperformed Chevron's projections for energy use falling well
below the anticipated threshold. In fact, the City has been well below the projected total
for three years. As a result, it is unlikely that the City will need to utilize the Perform ance
Guarantee. To date, the City has been paying approximately $35,000 annually to
maintain the Performance Guarantee provision. Eliminating the Performance Guarantee
provision would therefore reduce the contract cost by approximately $35,000 annually,
for the remainder of the contract term.
Staff is recommending the approval of an Amended and Restated Agreement between
the City of Dublin and OpTerra Energy Services, Inc. to remove the Annual
Performance Guarantee Fee agreed to in the original contract.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving an Amended and Restated Energy Services Contract
2 Exhibit A to the Resolution - Amended and Restated Energy Services Contract
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RESOLUTION NO. XX- 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AN AMENDED AND RESTATED ENERGY SERVICES CONTRACT
FOR OPERATION AND MAINTENANCE BETWEEN
THE CITY OF DUBLIN AND
OPTERRA ENERGY SERVICES, INC.
WHEREAS, in order to curtail the high cost of energy and to promote greater
sustainability within the City, the City Council approved an agreement with Chevron
Energy Solutions in May 2011 to conduct an energy audit of all City facilities; and
WHEREAS, Chevron completed the audit and provided the City with a proposed
Energy Action Plan that included a detailed implementation strategy highlighting energy
efficient upgrades and renewable energy productions projects; and
WHEREAS, August 1, 2011, the City entered into an Energy Service Contract
and an associated financing contract with Chevron Energy Solutions Company for the
implementation and funding of certain energy related improvements to City of Dublin
Facilities; and
WHEREAS, the contract was amended on October 24, 2015 by Amendment No.
1; and
WHEREAS, one of the negotiated terms is a Performance Guarantee which
served as an insurance policy for the City in the event that the solar generation and the
energy efficiency upgrades did not meet or exceed the energy performance
expectations that Chevron projected; and
WHEREAS, to date, the system has outperformed Chevron's projections for
energy use falling well below the anticipated threshold so the Performance Guarantee is
no longer; and
WHEREAS, Staff has recommended the approval of an Amended and Restated
Agreement Amendment between the City of Dublin and OpTerra Energy Services, Inc.
(successor-in-interest to Chevron Energy Solutions Company, a division of Chevron
U.S.A. Inc.) clarifying the operation and maintenance services to the City of Dublin .
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Dublin does hereby approve the Amended and Restated Energy Services Contract for
Operation and Maintenance attached hereto as Exhibit A.
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BE IT FURTHER RESOLVED, that upon the effective date of the Amended and
Restated Energy Services Contract for Operation and Maintenance, Amendment No. 1
dated October 24, 2015 is null and void.
BE IT FURTHER RESOLVED, that the City Manager is authorized and directed
to execute the Amended and Restated Energy Services Contract for Operation and
Maintenance and to take such other and further action, as necessary and appropriate to
carry out the intention of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
2805132.1
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Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Fallon Sports Park Phase II, Project No PK0414 - Contract Change Order
to Robert A. Bothman, Inc., Amendments to Agreements with Carducci
and Associates and with E. Majdalani Construction Management, Inc.
Prepared by: R. Alex, Parks and Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will consider approving a contract change order to Robert A. Bothman,
Inc., the contractor for Fallon Sports Park Phase II, CIP No. PK0414, to add
replacement of existing synthetic turf fields to the contract. The City Council will also
consider amending professional services agreements with Carducci and Associates and
E. Majdalani Construction Management, Inc. and approving a budget change to
increase project funding.
STAFF RECOMMENDATION:
Adopt the Resolutions:
1) Approving an Amendment to the Consulting Services Agreement with
Carducci and Associates Incorporated;
2) Approving an Amendment to the Consulting Services Agreement with E.
Majdalani Construction Management Inc.;
3) Approving Change Order No. 2 with Robert A. Bothman, Inc. for Fallon Sports
Park Phase II, Project No. PK0414;
and approve the budget change.
FINANCIAL IMPACT:
The proposed change order amounts to $304,750, to add the replacement of the
existing synthetic turf to the construction contract. A corresponding budget change is
also proposed to increase the Fallon Sports Park Phase II (CIP No. PK0414) project
budget using available funds in the Internal Services (Facilities Replacement) Fund.
The proposed amendments to the design contract and construction administration
contract are for $22,200 and $65,770, respectively. Suf ficient project funds are
available for the additional consultant services.
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DESCRIPTION:
Consultant Services Amendments
During the course of construction, the extensive wet weather along with some changes
to a few of the project elements has prompted the need for additional services for both
design and construction administration services.
Additional Design Services:
1) Design of bocce ball courts and lighting
2) Design of electric vehicle charging stations
3) Revisions to the design to accommodate public art and lighting for public art
4) Design of the crosswalk across Fallon Road
5) Additional site visits for consultant attendance at progress meetings
The scope of services provided by Carducci and Associates is f urther detailed in
Attachment 2. A summary of the design contract fee and proposed amendment is as
follows:
Carducci and Associates Design Services
Original Contract Amount $837,000
Previously Approved Amendments #1-3 $444,590
Proposed Amendment #4 $22,200
Amended Contract Amount $1,303,790
Additional Construction Management Services:
1) Extension of services from June through September 2017
2) Conduct weekly progress meetings and review monthly schedule updates
3) Visit construction site to monitor and document progress
4) Administer project documentation, communication and coordination
5) Negotiate change orders and review progress payments
The scope of services provided by E. Majdalani Construction Management is f urther
detailed in Attachment 4. A summary of the construction management contract fee and
proposed amendment is as follows:
E. Majdalani Construction Management
Original Contract Amount $297,200
Previously Approved Amendment #1 $14,000
Proposed Amendment #2 $65,770
Amended Contract Amount $376,970
Replacement of Synthetic Turfgrass at Phase I Soccer Field
The Fallon Sports Park - Phase I synthetic soccer field installation was completed in
July 2010 and the City executed the manufacturer’s eight-year limited warranty with
FieldTurf. In December 2016, six and half years into the eight-year limited warranty,
Maintenance Staff noticed excessive wear of the synthetic turf (see photo, Attachment
8). Based on a site visit by FieldTurf in January 2017, the synthetic turf was determined
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to be deteriorating from ultra-violet light spectrum exposure which was a manufacturer’s
product flaw.
Two options for early replacement of the synthetic turf were proposed as a remedy.
Option 1:
Install “FieldTurf XM6 Fiber,” a similar grade of synthetic turf to that which is currently
installed. The original warranty would remain in effect which sunsets in 18 months.
There would be no charge for the synthetic product under Option 1. However, laser
grading of the existing base grade would be required for both options at a cost of
$17,250, which includes contractor markup.
Option 2:
Upgrade the synthetic turf product to the same synthetic product being installed in
Phase II, “FieldTurf Revolution 360.” This type of turf is the latest “elite” monofilament
offering from the manufacturer and features optimal durability, resilience and feel. A
new eight-year warranty would be executed at the completion of the upgraded
replacement. The cost of the upgraded synthetic turf is $304,750 which includes the
laser grading and contractor markup. The City has been collecting funds in an Internal
Service Fund for turf replacement; sufficient balance is available to cover this cost.
Staff recommends Option 2 for following reasons:
1. The replacement cost of $304,750 is much less than the estimated
replacement costs of $750,000 that the City would be investing in the future.
2. The manufacturer (FieldTurf) is offering their premium turf, “FieldTurf
Revolution 360”, as an upgraded product.
3. The City will receive an eight-year warranty at the completion of the
replacement.
Executing either option as a change order to Phase II of Fallon Sports Park will
minimize disruption to existing users. Staff will work with the Contractor to sequence
the replacement of the existing fields after the new Phase II fields , currently under
construction, are completed and ready for public use. The proposed change order
(Attachment 6) reflects the Option 2.
If approved, this would be the second change order approved for the construction
contract. The first change order was approved in November 2016, and consisted of
additional field striping, temporary water diversion work, upgraded wood for a trellis, and
a credit for maintenance equipment. A summary of the construction contract and
proposed change order is as follows:
Robert A. Bothman, Inc.
Original Contract Amount $13,858,500.00
Previously Approved Amendment #1 $22,210.34
Proposed Change Order No. 2 Amount $304,750.00
Amended Contract Amount $14,185,460.34
Execution of Option 2 also requires City Council approva l of a budget change in the
amount of $304,750 to utilize funds collected in the Internal Service Fund.
4.6
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Page 4 of 4
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to Robert A. Bothman, Inc., Carducci and
Associates, and E. Majdalani Construction Management.
ATTACHMENTS:
1. Resolution Approving an Amendment for Consulting Services Agreement with
Carducci and Associates
2. Exhibit A to Resolution - Amendment #4 to Agreement with Carducci and Associates
3. Resolution Approving an Amendment for Consulting Services Agreement with E.
Majdalani Construction Management
4. Exhibit A to Resolution - Amendment to Agreement with E. Majdalani Construction
Management
5. Resolution Approving the Change Order #2 with Robert A. Bothman
6. Exhibit A to Resolution - Change Order with Robert A. Bothman Inc.
7. Budget Change Form
8. Phase I Soccer Field Existing Conditions – Photo
9. Original Consulting Services Agreement with Carducci and Associates
10. Original Consulting Services Agreement with E. Majdalani Construction
Management
4.6
Packet Pg. 51
AT TACHMENT 1
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
CARDUCCI AND ASSOCIATES INCORPORATED
WHEREAS, the City of Dublin (“City”) entered into an Agreement with Carducci and
Associates Incorporated (“Consultant”) on October 1, 2013 to perform consultant services to
complete construction documents for Fallon Sports Park Phase II; and
WHEREAS, the City awarded construction contract on April 5, 2016 to Robert A. Bothman
for the construction of Fallon Sports Park Phase II; and
WHEREAS, the City and the Consultant mutually desire to amend the Agreement to
increase Compensation by twenty-two thousand two hundred dollars ($22,200) to a total
Compensation sum not to exceed one million, three hundred and three thousand, seven hundred
and ninety dollars ($1,303,790) for additional design services during construction of Fallon Sports
Park Phase II; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby approve the Amendment to the Agreement with Carducci and Associates
Incorporated, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment to the Agreement.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.6.a
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Amendment #4 to Consultant Services Agreement between May 2, 2017
City of Dublin and Carducci and Associates
EXHIBIT A
AMENDMENT #4 CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND CARDUCCI AND ASSOCIATES INCORPORATED
THIS AMENDMENT shall modify the Agreement dated October 1, 2013 for consulting services
by and between the City of Dublin (“City”) and Carducci and Associates Incorporated
(“Consultant”). The date of Amendment #4 shall be May 2, 2017.
In order to accommodate additional services to be provided for the duration of Fallon Sports
Park Phase II the Agreement shall be modified as follows:
A) The first sentence of Section 2 (Amendment #3) 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 $1,303,790 (one million, three hundred and three thousand, seven hundred and
ninety dollars even), notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs incurred
under this Agreement.
B) Exhibit A – Scope of Services shall be revised to include additional services not to
exceed $22,200 as included in the total compensation in Section 2 and as shown in the
following proposal from Carducci and Associates dated March 27, 2017 and attached as
EXHIBIT A.1.
CITY OF DUBLIN CONSULTANT
Christopher L. Foss, City Manager William E. Fee, Principal
ATTACHMENT 2
4.6.b
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555 BEACH STREET FOURTH FLOOR
SAN FRANCISCO CA 94133
415.674.0990 (t)
415.674.0999 (f)
March 27, 2017
Rosemary Alex
Facilities Development Coordinator
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Subject: Fallon Sports Park, Phase 2
Job Number: Dub13-02
Additional Services Agreement #4
Dear Rosemary:
This letter is in response to the City of Dublin’s request for Carducci Associates to provide
additional services on the project referenced above. The scope of these services will be to
provide services as follows:
A. Add two components to the current construction documents:
1. Install the bocce ball courts and lighting.
2. Install the level 2 electric vehicle charging stations so they are operational when the park
opens.
B. Revise the construction documents to include the Public Art, Heath Satow Sculpture – Elatus
that was approved by the City of Dublin as a deferred submittal.
C. Add four (4) site visits for progress meetings due to the extra month added to the project
schedule by addendum during the bid period and for the time extension needed to add the
bocce courts and charging stations to the project schedule.
D. Add construction documents for the pedestrian crosswalk at the intersection of Positano
Road and Fallon Road.
The cost for services for these four items is itemized as follows:
A. Bocce-ball court and EV charging stations $ 8,800.00
B. Public Art $ 7,400.00
C. Additional site visits for progress meetings $ 5,000.00
D. Pedestrian crosswalk $ 1,000.00
Total $22,200.00
These services will be billed to you under our project number DUB13-02 per the terms and
conditions of our contract with you dated October 1, 2013. The fee for these services will be for a
4.6.b
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Fallon Sports Park—Phase 2 March 27, 2017
Job Number: DUB13-02 Page 2
lump sum price of $22,200.00 (twenty-two thousand two hundred dollars) without further
authorization.
We request your written approval of this authorization for additional services by signing and
returning one copy of this letter for our files.
Sincerely yours,
CARDUCCI & ASSOCIATES, INC.
William E. Fee, ASLA, AICP
LA No. 2537
Attachment: Spreadsheet showing estimated hours
CITY OF DUBLIN
Accepted by: ___________________________
Title: __________________________________
Date: __________________________________
4.6.b
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March
27,
2017
Total Electrical
Eng Civil
Carducci Sr
Assoc
($150/hr).Prinicipal
($185/hr)Assoc
($125/hr)Total
Bocce-‐ball
court
and
EV
charging
Stations
$8,800 $2,600 $200.00 $6,000 40 $8,800
Public
Art $7,400 $1,800 $200.00 $5,400 36 $7,400
Additional
Site
Visits
for
progress
meetings $5,000 $5,000 27
Hrs $5,000
Pedestriam
crosswalk $1,000 $700.00 $300 1
Hrs 1
Hrs $1,000
TOTAL $22,200 $22,200
4.6.b
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ATTACHMENT 3
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH E.
MAJDALANI CONSTRUCTION MANAGEMENT INCORPORATED
WHEREAS, the City of Dublin (“City”) entered into an Agreement with E. Majdalani
Construction Management Incorporated (“Consultant”) on December 2, 2015 to perform
consultant services to complete construction management for Fallon Sports Park Phase II; and
WHEREAS, the City awarded construction contract on April 5, 2016 to Robert A. Bothman
for the construction of Fallon Sports Park Phase II; and
WHEREAS, the City and the Consultant mutually desire to amend the Agreement to
increase Compensation by sixty-five thousand, seven hundred seventy dollars ($65,770) to a total
Compensation sum not to exceed three hundred seventy-six thousand, nine hundred seventy
dollars ($376,970) for additional construction management services during construction of Fallon
Sports Park Phase II; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
approve the Amendment to the Agreement with E. Majdalani Construction Management
Incorporated, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment to the Agreement.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.6.c
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Amendment #2 to Consultant Services Agreement between May 2, 2017
City of Dublin and E. Majdalani Construction Management Inc.
EXHIBIT A
AMENDMENT #2 CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND E. MAJDALANI CONSTRUCTION MANAGEMENT INC.
THIS AMENDMENT shall modify the Agreement dated December 2, 2015 for consulting
services by and between the City of Dublin (“City”) and E. Majdalani Construction Management
Inc. (“Consultant”). The date of Amendment #2 shall be May 2, 2017.
In order to accommodate additional services to be provided for the duration of Fallon Sports
Park Phase II the Agreement shall be modified as follows:
A) The first sentence of Section 2 (Amendment #1) 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 $376,970 (three hundred and seventy-six thousand nine-hundred and seventy
dollars even), notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs incurred
under this Agreement.
B) Exhibit A – Scope of Services shall be revised to include additional services not to
exceed $65,770 as included in the total compensation in Section 2 and as shown in the
following proposal from E. Majdalani Construction Management dated April 6, 2017 and
attached as EXHIBIT A.2.
CITY OF DUBLIN CONSULTANT
Christopher L. Foss, City Manager Elia Majdalani, Principal-In-Charge
ATTACHMENT 4
4.6.d
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E. MAJDALANI CONSTRUCTION MANAGEMENT, INC.
11 Embarcadero W, Suite 210, Oakland, CA 94607 T 510-986-1224 F 510-763-8616 EMCM
April 06, 2017
Mr. Lorin Jensen
Parks Project Manager
City of Dublin, City Hall
100 Civic Plaza
Dublin, CA 94568
Re: Contract Amendment No. 2 Fee Proposal for Fallon Sports Park Phase II
Dear Mr. Jensen:
Thank you for requesting EMCM to extend its services to continue providing
construction management services for Fallon Sports Park Phase II project.
Attached is a Scope of Work and a Fee Proposal for the duration from June 2017 to
September 2017. Please let me know if you have any questions.
Sincerely,
E. Majdalani Construction Management, Inc.
Elia Majdalani
Principal-In-Charge
4.6.d
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Construction Management Services Proposal | Page 1
EMCM
CITY OF DUBLIN
FALLON SPORTS PARK PHASE II
SCOPE OF SERVICES
EMCM will continue to provide Construction Management Services to the City of Dublin throughout the remainder of
construction and post construction of Fallon Sports Park Phase II. Our strategy is not to take over the City’s program;
but rather to be an extension of the City’s program. Substantial completion is anticipated to be by end of August 2017
and punch list / walk-thru will performed during September 2017. Our proposed construction management tasks for
Fallon Sports Park Phase II will be per the following:
A. Construction Phase Services:
EMCM will:
provide contract administration as a representative of the City;
work closely with City Project Manager, City staff, Landscape Architect, and general contractor;
conduct daily visits to the construction site; record and provide daily construction reports detailing field
conditions, observations, contractor/subcontractor crew size and active equipment and progress of work;
monitor, review and evaluate contractor’s monthly construction progress schedule and issue comments and
recommendations;
oversee the general contractor’s and subcontractors’ scope of work and ensure proper site supervision and
coordination;
conduct weekly job site progress coordination meetings with the City’s representatives, design consultant,
general contractor and other concerned parties; Prepare meeting agendas and record project meeting minutes;
and
review and furnish recommendations with respect to contract correspondence and directives to secure City’s
interests.
EMCM will:
observe construction in place and report any deviations that do not comply with the construction documents;
review construction progress with the contractor, observe completed work and confirm that on site materials
are properly stored; and
evaluate the percent completion of each construction activity as indicated in the construction schedule.
Although neither inspection nor testing services are included in EMCM’s services, we will coordinate inspections
at the appropriate time and assist with providing any information to the City Departments as required. We will
also coordinate with the City’s Inspectors performing code compliance and permit sign off inspections, and
coordinate and manage the City’s consultants for special inspections and testing (i.e. concrete, steel, anchors, soils
compaction, etc.), keeping record of all daily inspection logs and construction reports. Whenever any work is
unsatisfactory, faulty or does not conform to the contract documents, the Construction Manager will review the
non-compliant work with the design team and the City Project Manager, and will advise the contractor when the
work should be corrected or has been rejected, or should be uncovered for observation, or requires special testing
or inspection.
EMCM will coordinate construction efforts with Carducci and Associates and the contractor, and provide liaison
to the City’s Project Manager. We will provide on-site coordination to assure that the project meets the plans and
specifications and stays on schedule. We will also review and evaluate the contractor’s progress schedule line-by-
line for its reasonableness, conformance, comprehensiveness and attainability, and make recommendations for
acceptance or changes. During the weekly construction progress meetings with the contractor, EMCM will
review the contractor’s short–term progress and “3-week look-ahead” schedules and the impact of work changes.
EMCM will also analyze schedule “work-arounds” to bring the project back on schedule when adversely
impacted by changes and delays. Critical areas will be identified to confirm that parties, flagged on the critical
path, have been made aware of their responsibility to meet important schedule dates. We will ensure that the City
is continually aware of all schedule and cost implications.
4.6.d
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Construction Management Services Proposal | Page 2
EMCM
CITY OF DUBLIN
FALLON SPORTS PARK PHASE II
EMCM will log, file and track all project submittals, RFIs, potential change order requests, and approved change
orders.
EMCM has developed over the years thorough procedures to manage and evaluate change orders, whether owner
or contractor initiated. In order to avoid requests for delays, RFIs will be processed immediately once initiated by
the contractor. We will log all requests and act as the liaison between the contractor and Carducci and Associates
Landscape Architects. The Landscape Architect may be asked to clarify the contract documents and provide field
instructions and sketches when necessary. EMCM will keep the City informed of potential changes and make
recommendations regarding any proposed changes. All change order requests, field orders, and other submittals
will be logged and reported on a weekly basis. Key information, such as costs associated with each document and
potential time delays will be recorded with the document’s general description and status. We will immediately
analyze the contractor’s time delay claims and change order proposals. The Construction Manager is well versed
in reviewing plans, specifications, contractual requirements and pricing criteria for the purpose of evaluating
change orders. We will evaluate time and cost impacts, reconcile contractor’s cost proposals with EMCM’s
estimates, negotiate, and make recommendations to the City for approval. Our goals have always been to
successfully aim for fairness and reasonableness and to gain substantial cost savings for the Client.
EMCM will review and recommend approval of contractor’s monthly payment requests. We will verify work in
place against the schedule of values provided by the contractor. We will also coordinate and expedite functions
connected with the contractor’s obligation to document as-built changes.
EMCM will coordinate and schedule the required training sessions for the City Maintenance and Operation
personnel as required by the contract specifications.
B. Post-Construction Phase Services:
EMCM will assist the Landscape Architect in the walk-thru and punch list. All inspection reports will be
reviewed to assure there are no outstanding issues of noncompliance. In conjunction with the Landscape
Architect, we will assist in determining the remaining work necessary for “substantial completion” and notify the
contractor of any deficiencies and coordinate any required corrections. We will make recommendations for final
acceptance and payment.
ESTIMATED LEVEL OF EFFORT
The estimated level of effort and corresponding hours by each discipline and personnel for each task are detailed in
the attached fee proposal spreadsheet.
4.6.d
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ATTACHMENT 5
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING CHANGE ORDER NO. 2 WITH ROBERT A. BOTHMAN, INC. FOR FALLON
SPORTS PARK PHASE II, PROJECT NO. PK0414
WHEREAS, the City awarded construction contract on April 5, 2016 to Robert A. Bothman
for the construction of Fallon Sports Park Phase II; and
WHEREAS, the City of Dublin seeks the replacement of synthetic turf for the existing
soccer fields at Fallon Sports Park Phase I; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
approves Change Order No. 2 with Robert A. Bothman in the amount of $304,750, attached
hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute Change
Order No.2.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.6.e
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CITY OF DUBLIN ♣ 100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 ♣ (925) 833-6630 ♣ (925) 829-9248 FAX
Page 1 of 2
Exhibit A
CONTRACT CHANGE ORDER
Date: April 14, 2017
To: Robert A. Bothman, Inc. AGREEMENT DATED: April 5, 2016
2690 Scott Blvd.
Santa Clara, CA 95050
Attn: Mr. James C. Moore, Vice President
Project Name: Fallon Sports Park – Phase II Project No. PK0414
Contract Change Order No. 2 Council Approved: Yes
PO No. 16-00206 RFI No. XX RFQ No.
Contractor’s CP No. OPR/CCD No.
You are hereby authorized to proceed with the following work in connection with the subject project to
furnish all labor and material to complete work described by cost items listed on this Change Order. This
change order is not effective until approved by the City.
CI No. Description Amount
1
2
3
4
5
6
Warranty/Upgrade – Phase 1 Soccer Fields Synthetic Turf
Laser Grade (Fine Grading) of existing base
$287,500.00
$17,250.00
Total Amount of this Change Order: $304,750.00
Original Contract Amount: $13,858,500.00
Change by Previous Change Order(s): $ 22,210.34
Contract Price Prior to this Change Order: $13,880,710.34
Current Change Order Amount: $ 304,750.00
New Contract Amount including This Change Order: $14,185,460.34
INCREASE IN CONTRACT TIME: 00 days
ATTACHMENT 6
4.6.f
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Page 2 of 2
Upon execution by representatives authorized to bind the parties, this Change Order will become a part of
the contract. The consideration specified in this Change Order (whether an adjustment of the contract
price, an adjustment of time, and/or other consideration) is the full and sole compensation owed to the
contractor as a result of the changes and issues described in this Change Order. Such consideration
includes, but is not limited to, any and all direct and indirect costs incurred by the contractor as a result of
the changes and issues described in this Change Order for any labor, equipment, materials, overhead
(additional, extended, field and home office), profit, or time adjustments. By signing this Change Order
the contractor waives and releases the owner from any and all claims for additional compensation
concerning any of the changes and issues specified in this Change Order.
The undersigned, being the Mr. James C. Moore (Vice President) of the Contractor, by signing this
Changer Order declares under penalty of perjury under the laws of the State of California, and does
personally certify and attest that: the undersigned has thoroughly reviewed the attached request for
change order and knows its contents, and said request for change order is made in good faith; that it is
supported by truthful and accurate data; that the amount requested and the additional time requested
accurately reflect the allowable expenses that would be incurred, and the time necessary, to perform the
change order; and further, that the undersigned is familiar with California Penal Code Section 72 and
California Government Code Section 12650 et seq., pertaining to false claims, and further knows and
understands that the submission or certification of a false claim may lead to fines, imprisonment, or other
severe legal consequences.
Accepted By: Date:
Contractor
Print Name
City Project
Manager:
initial
City Approval: Date:
Name
Department Head
Date:
Christopher L. Foss
City Manager
4.6.f
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FieldTurf – 7445 Côte-de-Liesse Road Suite 200, Montreal, QC, H4T 1G2
Tel 1-800-724-2969 - Fax (514) 340-9374
www.fieldturf.com
Via email: Ljensen@pcgengr.com January 31st, 2017.
Lorin Jensen, PE - Parks Project Manager
City of Dublin
100 Civic Plaza, Dublin, CA 94568
(925) 833.6655 Cell: (925) 784.8286
RE: SYNTHETIC FIELD REPLACEMENT AT THE CITY OF DUBLIN – FALLON SPORTS
______________________________________________________________________________________
Dear Lorin Jensen,
In accordance with the warranty issued at time of original purchase, FieldTurf is offering the following
upgrade option for early replacement:
FieldTurf XM6 Fiber:
2.5 inch, 36 oz face weight, 3- layer 9.2 lb in-fill system, porous finger coated backing; It is
manufactured by FieldTurf, not a third party supplier.
Re use of some of the current field infill in the new field mid-layer.
Original warranty remains in effect, and will not reset from the date of replacement.
Field layout to include same markings and logos
No Charge
Laser Grade Existing Base if required: $ 15,000.00
Special Upgrade Offers:
1. FieldTurf Revolution 360 – 2.5”
FieldTurf Revolution 360 is the latest “elite” monofilament offering from FieldTurf. Named after
the concept of completeness, the Revolution 360 fiber features optimal durability, resilience and
feel. The first complete fiber. It is manufactured by FieldTurf, not a third party supplier.
Upgrade: $250,000.00
Laser Grade Existing Base if required: $ 15,000.00
Upgrade options include:
Re use of some of the current field infill in the new field mid -layer
A new 8 year warranty will be in effect at completion of replacement.
Field layout to include markings and logos
Minor base repairs to existing base– import up to 50 ton of manufactured sand if required
for minor base repairs.
4.6.f
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FieldTurf – 7445 Côte-de-Liesse Road Suite 200, Montreal, QC, H4T 1G2
Tel 1-800-724-2969 - Fax (514) 340-9374
www.fieldturf.com
Price Does Not Include:
a) FieldTurf is not altering or improving the existing operating drainage base under the existing turf limits.
No removal of aggregate is included. Any ponding, flooding or undulations within the existing base will
remain the responsibility of the owner.
b) On occasion the existing 'header board' attached to the curb around the perimeter of the field needs to
be replaced. We will inspect once the existing field is removed and offer pricing to do this if necessary.
**To be eligible for infill reuse, FieldTurf will follow the steps below to assure quality and performances
are met. If the infill passes all our internal testing, the option of infill reuse is plausible. If the infill doesn’t
meet the test, additional cost will apply.
1) Collection: The first step is to collect some of the infill from the field. Our skilled collection team
will remove infill from ~3 square feet using our infill extraction protocol and measure infill depths
in several locations;
2) Diagnosis: The collected infill materials will be sent to our Innovation and Performance Center to
be analyzed. The testing protocol includes key considerations for the following categories:
3) Cleanliness
- Unwanted material
4) Shock Attenuation / Gmax
- % Fines
- Infill Mix
5) Ability to re-install
- Moisture Level
FieldTurf requires a minimum of 21 days upon final shop drawing approvals to manufacture; coordinate
delivery and schedule arrival of installation crew.
We would require a 4 week window (subject to weather and force majeure) to complete the
removal/recycle/disposal of existing product, confirm sub -base planarity and re-install the field. Please
also note that some of the infill material used on the replacement field will be re-used from your present
field. FieldTurf will supply any additional infill that will be required. This will allow for a minimum addition
to any landfill site in the area and is in conformance with FieldTurf’s Green initiative on recycling.
The City of Dublin will receive field layouts showing the dimensions and the markings for th e new surface
for review; before manufacturing the new surface we will need written confirmation of the product
option selected and that the field dimensions, markings and colors are satisfactory and approved for
production. A formal sales agreement detailing your selection will be forwarded for execution and upon
return receipt, production and installation will be scheduled at an agreed upon time frame. A Purchase
Order is also acceptable.
4.6.f
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FieldTurf – 7445 Côte-de-Liesse Road Suite 200, Montreal, QC, H4T 1G2
Tel 1-800-724-2969 - Fax (514) 340-9374
www.fieldturf.com
FieldTurf appreciates your patience and we look forward to our continued business relationship with the
City of Dublin. If we can provide any additional information, don’t hesitate to contact Andrew Rowley or
myself directly. We appreciate your business.
Please note this offer is valid for 60 days.
Sincerely,
Martin Olinger
Senior Vice-President Sales
FieldTurf USA, Inc.
c.c.: Julie Paquin, Director of Customer Service - FieldTurf Inc.
Dino Di Maulo, Project Coordinator – Customer Service - FieldTurf Inc.
Andrew Rowley, Regional Vice President, FieldTurf USA Inc.
4.6.f
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Budget Change Reference #:
From Un-Appropriated ReservesXBudget Transfer Between Funds
From Designated Reserves Other
Account AmountAccountAmount
PK0414.9400.9401 - Improvements$304,750
3500.9501.49999 (Transfers In)$304,750
PK0216.6205 (6205.9501.89101) - ISF
Replacement Fund (Facilities) - Transfers Out$304,750
5/2/2017
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Replacement of synthetic turf grass at Fallon Sports Park - Phase I Soccer Field
REASON FOR BUDGET CHANGE
FISCAL YEAR 2016-17
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNTINCREASE BUDGET AMOUNT
EXP: ISF Replacement Fund - Facilities - Fallon Sports Park
Phase II - Improvements
City Council's Approval Required
ATTACHMENT 7
4.6.g
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Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Award of Contract to St. Francis Electric, LLC, Waive Minor Bid
Irregularity, and Approve a Memorandum of Understanding with the City of
Vallejo for Purchase of Rule 20A Credits for the Dublin Boulevard Rule
20A Underground Utility District 2013-1 “Sierra Court to Dublin Court”,
Project No. ST1012
Prepared by: Michael Boitnott, Capital Improvement Program Manager
EXECUTIVE SUMMARY:
The City Council will consider awarding a construction contract to St. Francis Electric,
LLC, for the Dublin Boulevard Rule 20A Underground Utility District 2013 -1 “Sierra
Court to Dublin Court”, Project No. ST1012. Additionally, the City Council will consider
approving a Memorandum of Understanding with the City of Vallejo for the acquisition of
Rule 20A Credits for the construction of this project. The Underground Utility District
project is the first phase of construction for the widening of Dublin Boulevard to six lanes
and provides for the utility undergrounding of electric, cable TV, and communication
lines and the removal of overhead poles along Dublin Boulevard from Sierra Court to
Dublin Court.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing the City Manager to Execute the Memorandum of
Understanding with the City of Vallejo for the Acquisition of Rule 20A Credits, Waiving a
Minor Bid Irregularity; adopt the Resolution Awarding a Contract for Project No.
ST1012 to St. Francis Electric, LLC, for the Dublin Boulevard Rule 20A Underground
Utility District 2013-1 “Sierra Court to Dublin Court”; and, approve the budget change.
FINANCIAL IMPACT:
The Capital Improvement Program (CIP) budget for the entire project (Phases 1 and 2)
is $6,931,034 and includes $1.0 million in PG&E Rule 20A funds specifically for Phase 1
(utility undergrounding) of the project. In advance of the project’s construction, Staff
proposes to amend the project budget to account for anticipated contributions and
credits from the various related utility companies and to specify funding sources for this
phase of the project.
4.7
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As the table below shows, the total cost of the undergrounding phase (Phase 1) is
$3,350,000, which will be covered by existing project budget, reimbursements from the
utility companies, and credits purchased via the proposed Memorandum of
Understanding (MOU) with the City of Vallejo. Incorporating these funding sources into
the project requires an amendment to the project budget, as noted in the table.
Total Undergrounding Cost Estimate (Phase 1)3,350,000$
Funding Sources, Phase 1
Current Rule 20A Credits 1,000,000$ available in project budget
Additional Rule 20A Credits Available 288,000$ to be added to project budget
PG&E Credit (In-Lieu of Pole Relocation)441,000$ to be added to project budget
Direct Reimbursements (Comcast, AT&T)930,000$ to be added to project budget
Use of EDTIF II Funds to purchase credits from Vallejo 276,400$ available in project budget
Discount for credit purchase (40 cents on the dollar)414,600$ via MOU with Vallejo
Total Funding Sources, Phase 1 3,350,000$
The proposed contract with St. Francis Electric, LLC to construct the Phase 1
undergrounding work totals $1,499,956.75. Staff is also requesting a budget set aside
for a 10 percent contingency under the City Manager’s aut hority. With City Council
approval of the budget change, there will be sufficient budget to cover the cost of the
improvements.
DESCRIPTION:
On July 26, 2013, the City Council held a Public Hearing establishing Underground
Utility District 2013-1 on Dublin Boulevard - Civic Plaza/Sierra Court to Dublin Court.
The District was established to underground existing overhead utilities along Dublin
Boulevard as part of a Dublin Boulevard improvement project. In addition to removing
the existing overhead utilities, the project will widen Dublin Boulevard from 2 lanes to 3
lanes, in the westbound direction, and will add bike lanes in both directions. The
undergrounding portion of project will be funded with California Public Utilities
Commission Rule 20A funds.
The Dublin Boulevard Rule 20A Underground Utility District 2013 -1 “Sierra Court to
Dublin Court” project consists of undergrounding existing overhead utilities for Pacific
Gas & Electric (PG&E), Comcast, AT&T and Sprint. This portion of work is the first
phase and needs to be completed in advance of the widening of Dublin Boulevard from
Sierra Court to Dublin Court. The improvements will include eliminating overhead utility
lines on wooden poles on both sides of Dublin Boulevard between Sierra Court and
Dublin Court, installing the utilities underground, and reconnecting overhead services to
customers with new underground service connections. As part of this project, the
surface improvements (curb, gutter, sidewalk, driveways, and trench restoration are as)
will be temporally restored until the ultimate improvements are installed in the second
phase widening project. The undergrounding improvements will be paid with California
Public Utilities Commission Rule 20A funds.
Rule 20A Funds and Utility Underground Districts:
Rule 20A is an electrical tariff program by the California Public Utilities Commission
which requires a portion of new electrical services to contribute towards the
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undergrounding of existing overhead lines. Local governing agencies rece ive a
prorated portion of funds collected throughout the state to be used within the agency
limits for these type projects. In our area, PG&E holds the agencies’ Rule 20A
allotments and is required to oversee the program. As part of this program, PG&E wi ll
also allow cities to borrow up to five years of future credits to be used to construct a
Rule 20A project. Currently the City has approximately $1,288,000 in credits including
the five-year borrow and will receive an additional $441,000 credit in lieu of requiring the
poles to be relocated as part of the widening project. The 2016 -2020 Capital
Improvement Program (CIP) currently recognizes only $1,000,000 in credits, and
therefore should be amended (via approval of the attached Budget Change) to reflec t
the additional $288,000 and $441,000 credits available for the undergrounding work. All
totaled, the project will have $1,729,000 in Rule 20A credits to be used for Phase 1.
Additionally, the construction of Phase 1 includes burying AT&T and Comcast
infrastructure within the PG&E joint trench. These costs will be directly reimbursed by
AT&T and Comcast to the City through the Rule 20A process, in which each party
agrees to pay for their respective project costs. AT&T and Comcast portions of these
costs are approximately $530,000 and $400,000 respectively (total $930,000).
The total cost of the Phase 1 utility undergrounding work is estimated at $3,350,000.
After accounting for the Rule 20A funds (existing and borrowed), and the contributions
from AT&T and Comcast, Staff identified a funding gap of $691,000. To address that
gap, Staff negotiated with the City of Vallejo to acquire PG&E credits at a reduced rate.
The Rule 20A program allows for agencies to purchase or trade credits with other
agencies. City of Vallejo staff and Dublin staff discussed the transfer of Rule 20A
credits and drafted a memorandum of understanding (MOU) to allow Dublin to purchase
up to $750,000 of Vallejo’s unused PG&E Rule 20A Credits. Vallejo has requested a
price of $0.40 for every $1.00 of PG&E Rule 20A Credit. The MOU allows the City of
Dublin to purchase up to $750,000 in credits depending on the actual amount of credits
that will be required once the project is fully constructed. This month, Vallejo staff will
recommend that the City of Vallejo City Council approve and execute the MOU for the
sale of PG&E Rule 20A credits to the City of Dublin.
Bid Results and Construction:
The City of Dublin issued the bid package on January 20, 2017 with a construction
estimate of $1,300,000. A total of two (2) sealed bids were received on February 16,
2017. The bids were $1,499,956.75 and $1,693,797.00. A summary of the bids is
provided as Attachment 1. The construction estimate for this work was $1,300,000 and
the low bid is approximately $200,000 above the estimate; however, with approval of
the amendments shown in this Staff Report, there will be sufficient funds in the overall
project budget to cover this additional cost. The low bid of $1,499,956.75 was submitted
by St. Francis Electric, LLC, and the bid contained an arithmetic error between an item
unit cost and its mathematical sum which subsequently adjusted the total base bid price
by $4. The Public Contract Code and the City’s bid documents define this as a “minor
bid irregularity,” and authorize the City to “waive” this irregularity and proceed with the
award of the contract.
Staff has reviewed the bid results, checked references and necessary licenses, and
recommends that the City Council adopt a resolution (Attachment 2) to award the
contract to St. Francis Electric, LLC as the lowest responsive bidder. The Resolution will
4.7
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Page 4 of 4
also waive the bid irregularity, and allow the City Manager to authorize contract changes
up to $150,000.
Construction Hours:
This segment of Dublin Boulevard is a critical east/west arterial that carries, on average,
over 32,000 vehicle trips a day, with most trips occurring during the daytime. The utility
undergrounding and road widening phases will require temporary lane closures during
construction. In an effort to minimize traffic congestion, impacts to business, and
impacts to the overall community, the project bid documents require the contractor
construct the improvements at night between the hours of 8:00 pm and 6:00 am Sunday
through Friday, with weekend work by special request requiring Staff approval.
Staff expects the project to begin later this month and anticipates completion of the
majority of the Phase 1 improvements in October 2017.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to City of Vallejo and St. Francis Electric, LLC.
ATTACHMENTS:
1. Bid Results
2. Resolution Awarding a Contract for Project No. ST1012 to for the Dublin Boulevard
Rule 20A Underground Utility District 2013-1 “Sierra Court to Dublin Court”
3. Resolution Approving a Memorandum of Understanding with the City of Vallejo for
Purchase of Rule 20A Credits
4. Exhibit A to the Resolution - Memorandum of Understanding between the City of
Vallejo and the City of Dublin to Transfer PG&E Rule 20A Credits
5. Budget Change Form
4.7
Packet Pg. 113
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24.7.a
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ATTACHMENT 2
RESOLUTION NO. XX- 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AWARDING A CONTRACT FOR PROJECT NO. ST1012 TO ST. FRANCIS ELECTRIC, LLC
FOR THE DUBLIN BOULEVARD RULE 20A UNDERGROUND UTILITY DISTRICT 2013-1
“SIERRA COURT TO DUBLIN COURT”
WHEREAS, Staff completed plans and specifications for the Dublin Boulevard Rule 20A
Underground Utility District 2013-1 “Sierra Court to Dublin Court”, Project No. ST1012 (“Project”). The
Project includes eliminating overhead utility lines on wooden poles on both sides of Dublin Boulevard
between Sierra Court and Dublin Court, installing the utilities underground, and reconnecting overhead
services to customers with new underground service connections; and
WHEREAS, the City of Dublin did, on February 16, 2017, publicly open, examine, and declare all
sealed bids for doing the work described in the approved Plans, Specifications for Project No.ST1012,
Dublin Boulevard Rule 20A Project, which Plans, Specifications, and Modifications are hereby expressly
referred to for a description of said work and for all particulars relative to the proceedings under the
request for bids; and
WHEREAS, St. Francis Electric, LLC’s bid contained a minor bid irregularity in that there was a
mathematic error decreasing the proposed contract price by $4.00 (Four Dollars) and the Public
Contract Code and the City’s bid documents authorize the City to waive any minor irregularity and
proceed with the award of the contract; and
WHEREAS, said bids were submitted to the Public Works Director, who has recommended that
the bid hereinafter is the lowest and best bid for doing said work; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby
waive the minor bid irregularity since the mathematical error only decreased the lowest responsible bid
by Four Dollars ($4.00).
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award the
Contract for Project No. ST1012, Dublin Boulevard Rule 20A Project, to the lowest responsible bidder
therefore, to wit, St. Francis Electric, LLC, at a bid of One Million, Four Hundred and Ninety Nine
Thousand, Nine Hundred and Fifty Six Dollars and Seventy-Five Cents ($1,499,956.75), the particulars
of which bid are on file in the office of the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize
the City Manager or his designee to approve the project Contract Change Orders based on the
appropriated funds designated for Project No. ST1012 up to the contingency amount of $150,000.00.
4.7.b
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ATTACHMENT 2
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_____________________________
City Clerk
4.7.b
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ATTACHMENT 3
RESOLUTION NO. XX- 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A MEMORANDUM OF UNDERSTANDING WITH CITY OF VALLEJO FOR THE
PURCHASE OF RULE 20A CREDITS
WHEREAS, Staff completed plans and specifications for the Dublin Boulevard Rule 20A
Underground Utility District 2013-1 “Sierra Court to Dublin Court”, Project No. ST1012 (“Project”). The
Project includes eliminating overhead utility lines on wooden poles on both sides of Dublin Boulevard
between Sierra Court and Dublin Court, installing the utilities underground, and reconnecting overhead
services to customers with new underground service connections; and
WHEREAS,
the total cost of the Phase 1 utility undergrounding work is estimated at $3,350,000. After
accounting for the Rule 20A funds (existing and borrowed), and the contributions from AT&T and
Comcast, Staff identified a funding gap of $691,000; and
WHEREAS, to address that gap, Staff negotiated with the City of Vallejo to acquire PG&E credits
at a reduced rate. The Rule 20A program allows for agencies to purchase or trade credits with other
agencies; and
WHEREAS,
the cCities of Vallejo and Dublin have drafted a Memorandum of Understanding (MOU) for the
City of Dublin to purchase up to 750,000 PG&E Rule 20A credits from the City of Vallejo at a rate of
$0.40 per PG&E Rule 20A credit for use of undergrounding PG&E utilities within District 2013-1.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Dublin hereby
approves the Memorandum of Understanding with the City of Vallejo for the purchase of Rule 20A
credits.; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the MOU with the
City of Vallejo, which is attached hereto as Exhibit A to this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: Bold
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: Bold
Formatted: Indent: First line: 0"
Formatted: Font: Bold
4.7.c
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ATTACHMENT 3
_____________________________
City Clerk
4.7.c
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Attachment 4
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF VALLEJO AND THE CITY OF DUBLIN TO
TRANSFER PG&E RULE 20A CREDITS
This Agreement is made and entered into this day of , 2017, herein
referred to as the "Effective Date" by and between the City of Vallejo, a municipal corporation herein
referred to as "Vallejo" and the City of Dublin, a municipal corporation herein referred to as "Dublin"
and collectively referred to as the "Parties."
RECITALS
WHEREAS, PG&E collects and annually allocates Rule 20A work credits to communities for
the purpose of directing a portion of their anticipated capital budget towards the undergrounding of
electric facilities within an approved Underground Utility District; and
WHEREAS, Dublin is actively planning a project to underground overhead electric facilities
that qualifies for the application of Rule 20A work credits, however, City has encountered a shortfall
in the number of work credits necessary and desires to obtain an additional allocation of Rule
20A work credits to fund their projects; and
WHEREAS, PG&E currently holds an allocation of Rule 20A work credits for the benefit of
Vallejo, a portion of which represents a surplus that is not being utilized; and
WHEREAS, Dublin desires to purchase up to $750,000 from Vallejo surplus Rule 20A work
credit allocation to be used for their undergrounding projects and Vallejo desires to sell Rule 20A work
credits to Dublin in the amount of 40cents per Rule 20A work credit (“Acquisition Price”); and
WHEREAS, the Parties now desire to enter into this Agreement to transfer PG&E Rule 20A
work credits.
AGREEMENT
NOW THEREFORE, the Parties agree as follows:
1. Vallejo agrees to transfer and assign its rights and interest in a portion of its Rule 20A work
credits allocation to Dublin at the Acquisition Price. This Agreement shall be subject to the approval of
the City Council of the City of Vallejo and the City Council of Dublin and shall become effective on the
date when both such approvals have been obtained (the "Effective Date").
2. Within five (5) business days from receipt of payment from Dublin for the Rule 20A
credits, Vallejo shall deliver a written letter to PG&E, with a copy to Dublin, making a formal request
to transfer and assign up to $750,000 of Rule 20A work credits contained in Vallejo’s allocation to and
for the benefit of Dublin, and to provide any additional documentation or information that is reasonably
requested by PG&E to complete the transfer. Dublin is working with PG&E to determine the actual
amount of Rule 20A work credits that the city needs to acquire. It is anticipated that an initial amount
of credits will be acquired by Dublin in May 2017 and a final balancing amount of credits will be in
acquired January 2018. Dublin acknowledges and agrees that it has conducted its own investigation as
to the applicability and transferability of Vallejo’s work credit allocation for use in Dublin’s
4.7.d
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Attachment 4
proposed projects and that Vallejo has not made any representation or warranty to Dublin with respect
to the same. The actual use of the Vallejo allocation of work credits by City shall be subject to the
rules and procedures adopted by PG&E and such other conditions or requirements set forth in the
Public Utilities Code.
3. All notices pursuant to this Agreement shall be delivered by First Class Mail to the
attention of the Parties set forth below. Notice shall be effective upon receipt. Notice may also be
given by electronic means, provided that such notice shall not be deemed effective unless it is
acknowledged by the recipient.
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
Attn: Jill Mercurio, Interim Director
of Public Works
jill.mercurio@cityofvallejo.net
(707) 648-4301
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: Gary Huisingh, Director of
Public Works
gary.huisingh@dublin.ca.gov
(925) 833-6630
4. Term of Agreement: This Agreement shall commence as of the Effective Date and
shall terminate on June 30, 2018.
5. Vallejo and Dublin are separate subdivisions of the State of California and are
independent contractors with respect to each other. This Agreement is not intended to, and shall not
be construed to, create the relationship of agent, servant, employee, partnership, joint venture, or any
other similar association. Nothing in this Agreement shall be construed to create an employment
relationship between Vallejo and any employee of Dublin or between Dublin and any employee of
Vallejo. Each party shall be solely responsible for the acts or omissions of its officers, agents,
employees, and subcontractors. Neither party's employees shall be entitled to any employee benefits
from the other party.
6. Each agency shall hold harmless, defend, and indemnify the other agency and its
governing body, officers, employees, agents and volunteers from and against any and all liability, loss.
damage, expense and costs (including without limitation costs and fees of litigation) of every nature
arising out of or in connection with the performance of the terms hereunder, or failure to comply with
any of the obligations in this Agreement, except such loss or damage caused by sole negligence or
willful misconduct.
7. This Agreement shall constitute the entire agreement between the Parties relating to the
subject matter of this Agreement, and shall supersede any previous agreements, promises,
representations, understanding and negotiation, whether oral or written, concerning the same subject
matter. Any and all acts which may have already been consummated pursuant to the terms which are
embodied in this Agreement are hereby ratified.
8. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in
writing and signed by the Parties.
4.7.d
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Attachment 4
9. This Agreement shall be governed and construed in accordance with the laws of the State
of California. Any dispute arising hereunder or relating to this Agreement shall be litigated in the
County of Alameda and the prevailing party will be entitled to reasonable attorney's fees, which may be
set by the court in the same action or in a separate action brought for that purpose, in addition to any
other relief to which the party may be entitled.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
CITY OF VALLEJO CITY OF DUBLIN
By: By:
Daniel E. Keen Christopher L. Foss
City Manager City Manager
Attest: Attest:
By: By:
Dawn Abrahamson Caroline Soto
City Clerk City Clerk
Approved as to form:
By: By:
Claudia Quintana John Bakker
City Attorney City Attorney
4.7.d
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Budget Change Reference #:
From Un-Appropriated Reserves Budget Transfer Between Funds
From Designated Reserves Other X
Account Amount Account Amount
Additional Rule20A City credits $288,000.00 Project ST1012 - Construction $1,659,000.00
PG&E pole relocation in-lieu credit $441,000.00
Reimbursement from AT&T, Comcast $930,000.00
5/2/2017
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
To incorporate external funding sources fro the undergrounding utilities work realted to the Dublin Blvd. Widening Project,
Undergrounding Utility District 2013-1 “Sierra Court to Dublin Court”, Project No. ST1012.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2016-17
BUDGET CHANGE FORM
INCREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
CIP ST1012 - New Expenditures through Rule 20ACIP ST1012 - New Funding Sources
City Council's Approval Required
G:\Budget Changes\9_2016-17\CC Approval\15_st1012.Rule 20A.5.2.17 15_st1012.Rule 20A.5.2.17
4.7.e
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Award of Contract to Suarez and Munoz Construction, Inc. and Approval
of Plans and Specification for the Dublin Sports Grounds Renovation,
Project No. PK01416
Prepared by: R. Alex, Parks and Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will consider awarding a construction contract to Suarez and Munoz
Construction, Inc and approving the plans and specifications for the Dublin Sports
Grounds Renovation, CIP No. PK0416. The City Council will also consider approving a
budget change to increase project funding. The project includes improvements to
baseball fields #4, #5 and #6 including new dugout shade structures, scorekeepers
booths, trash and recycling receptacles, and concrete paving and a drinking fountain for
field #6.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract
for Project No. PK0416 to Suarez and Munoz Construction, Inc. for Dublin Sports
Grounds Renovation, and approve the budget change.
FINANCIAL IMPACT:
Award of the construction contract and approval of the budget change will result in a
project budget increase of $50,000, funded by the General Fund Undesignated
Reserve.
DESCRIPTION:
The 2016-2021 Capital Improvement Program (CIP) includes the Dublin Sports
Grounds Renovation, Project (CIP No. PK0416), with a total project budget of $831,100,
funded by Housing-Related Parks Program from the State of California Department of
Housing and Community Development. The project provides for improvements to
baseball fields #4, #5, and #6, including installation of six new dugout shade structures,
three new scorekeeper booths, trash and recycling receptacles, and concrete paving
and drinking fountain for field #6.
4.8
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As authorized by the City Council in June 2016, just over half of the project budget has
already been spent for purchase of the scorekeeper booths, dugout shade structures,
and other site furnishings that will be installed with this construction contract. Prior
expenditures also included the purchase of maintenance equipment to improve the
condition of the existing fields and to maintain the City’s investment in the park
improvements.
To complete these renovations, the City issued the construction bid package on March
24, 2017, and a total of five sealed bids were received on April 14, 2017. The bids
ranged from $291,160 to $677,213, all of which were higher than the engineer estimate
of $260,000. A summary of the bids is provided as Attachment 1. The low bid of
$291,160 was submitted by Suarez and Munoz Construction, Inc. Staff has reviewed
the bid results, checked references and necessary licenses, and recommends that the
City Council adopt the Resolution (Attachment 2) awarding the Contract for Dublin
Sports Grounds Renovation Project to Suarez and Munoz Construction Inc. as the
lowest responsive bidder.
To facilitate the approval of contract change orders and to avoid construction delay, it is
requested that the City Manager be authorized to approve change orders up to the
contingency amount of $29,116.00 The Resolution (Attachment 2) will authorize this
change as it relates to this Project.
In order to cover the increased construction costs, related inspection costs, and
associated staff and consultant costs, Staff is recommending that the City Council
approve a budget change to increase project funding by $50,000 with an appropriation
from the General Fund Undesignated Reserve.
Staff expects the project to begin in late May and anticipates completion of the majority
of the improvements by the end of summer 2017.
This project is exempt under Section 15301 (Existing Facilities) of the CEQA
Guidelines.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Copies of the Staff Report will be sent to Suarez and Munoz Construction, Inc. and
sports user groups that use Dublin Sports Grounds.
ATTACHMENTS:
1. Bid Results
2. Resolution Approving the Plan and Specifications, and Awarding a Contract for
Project No. PK0416 to Suarez and Munoz Construction Inc. for Dublin Sports Grounds
Renovation
3. Site Plan
4. Budget Change Form
4.8
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ATTACHMENT 2
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A CONTRACT FOR PROJECT
NO. PK0416 TO SUAREZ AND MUNOZ CONSTRUCTION INC. FOR DUBLIN SPORTS GROUNDS
RENOVATION
WHEREAS, Staff completed plans and specifications for the Dublin Sports Grounds Renovation,
Project No. PK0416(“Project”). The Project includes the installation of six dugout shade structures, three
scorekeepers booths, accessible pathway, and other site amenities; and
WHEREAS, the City of Dublin did, on April 14, 2017, publicly open examine and declare all sealed
bids for doing the work described in the approved Plans, Specifications, and Modifications for the Project No.
PK0416, Dublin Sports Grounds Renovation, which Plans and Specifications and Modifications are hereby
expressly referred to for a description of said work and for all particulars relative to the proceedings under the
request for bids; and
WHEREAS, said bids were submitted to the Public Works Director, who has recommended that the
bid herein is the lowest and best bid for doing said work; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the plans and specifications for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award the
Contract for Project No. PK0416 to the lowest responsible bidder therefore, to wit, Suarez and Munoz
Construction Inc., at a bid of two hundred ninety-one thousand, one hundred and sixty dollars and no
Cents ($291,160.00) the particulars of which bid are on file in the office of the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize
the City Manager or his designee to approve the project Contract Change Orders based on the
appropriated funds designated for Project No. PK0416 up to the contingency amount of $29,116.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Construction
Agreement with Suarez and Munoz Construction Inc.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.8.b
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Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
PK0416.9400.9401 - Improvements $50,000
3500.9501.49999 (Transfers In)$50,000
PK0416.1001 (1001.9501.89101) - General
Fund - Transfers Out $50,000
5/2/2017
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
To cover the construction contract, staffing, and consultant costs needed to complete the project
REASON FOR BUDGET CHANGE
FISCAL YEAR 2016-17
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
EXP: General Fund -Dublin Sports Grounds Renovation -
Improvements
City Council's Approval Required
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Page 1 of 5
STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
History on the Public Art Ordinance and Fee
Prepared by: Tegan McLane, Cultural Arts & Heritage Man ager
EXECUTIVE SUMMARY:
At its meeting on February 21, 2017, the City Council requested that Staff provide
history on the Public Art Ordinance and Public Art Fund, the number of developers
exercising the in-lieu option and any restrictions on use of the Public Art Fund.
STAFF RECOMMENDATION:
Receive the report and provide Staff with direction.
FINANCIAL IMPACT:
Since the establishment of the Ordinance and the Public Art In -Lieu Fee in January
2007, the City has collected approximately $4.5 million in developer contributions and
approximately $130,000 in interest. The Public Art Ordinance was temporarily
suspended between April 1, 2009 and May 19, 2012 in response to the Great
Recession. The current fund balance is $4,103,494 and there are eight public projects
in the adopted five-year Capital Improvement Program encumbering approximately
$1.83 million of that amount. The remaining fund balance of approximately $2.27 million
is available to be used for future projects and maintenance.
DESCRIPTION:
The Public Art Master Plan, which was adopted by the City Council on March 7, 2006,
noted that while Dublin had an interest in and commitment to public art, it did not have
an established funding mechanism for it.
The Master Plan requires developers to install art or pay an in-lieu fee where
developers would contribute funds for art if they did not want to manage the art
installation. The Master Plan includes a provision to establish a Public Art Fund to
receive developers' in-lieu fees, and that the money be used "to acquire, place and
maintain public art projects located at public buildings or on public grounds, or at the
private development site from which the funds were received, if the City so chooses,
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and to administer the public art fund." A Public Ar t Ordinance was subsequently passed
July 25, 2006, and took effect January 1, 2007 (Attachment 1).
The Ordinance details which developments, by virtue of size, trigger the Public art
requirement, what fee will be assessed if they choose this option, and how the funds
may be spent.
Non-residential projects of 50,000 square feet or more and residential projects of more
than 20 units pay an in-lieu fee equal to one half of one percent (0.5%) of the building
valuation at the time the first building permit is pulled. Non-residential projects under
50,000 square feet pay a fee equal to forty-five one hundredths of one percent (0.45%)
of the building valuation at the time the permit is pulled. Residential projects of 20 units
or less are exempt as are tenant improvement projects; additions; remodels;
condominium conversion projects; 100% low income housing projects; daycare centers;
and with City Council approval, nonprofit agencies and institutions that exclusively
provide social services to the public.
The Ordinance specifies that the Public Art Fund shall be used for "acquisition,
installation, improvements, including site preparation, lighting and landscaping, of public
art in order to further the intent" of the Ordinance and "to administer the Public Art
Master Plan."
It defines “public art” as an original creation of art that is designed by a professional
visual artists or artists. Art includes, but is not limited to, sculpture, murals or portable
paintings, earthworks, fiberworks, mosaics, photographs, prints, any combination or
media forms, furnishing or fixtures, and temporary artworks or installations. The work of
performing artists is not considered public art under this definition.
Up to 25 percent of the funds can be used on public art project adm inistrative costs,
including processing public art applications, reviewing and approving public art sites and
art works, monitoring, compliance and other administrative tasks. Up to two percent
may be used on public art program administrative costs associa ted with collecting the
in-lieu fees, record keeping, reporting and general administration of the public art
program. Art maintenance and repair is not specifically included in the ordinance, but is
implied in the Public Art Master Plan. Neither document i ndicates public art funds can
be used for educational or outreach efforts.
The Ordinance allows the City Manager to include in the Budget or Five -Year Capital
Improvement Program proposed uses of the funds, and allows the Heritage and Cultural
Arts Commission to make recommendations to the City Council regarding the use of
funds. The City Council has sole authority to appropriate Public Art Funds for
expenditure.
Since the Ordinance took effect in January 2007, approximately $4.5 million has been
received from more than 60 builders and/or developers rather than install art on the
development properties. However, a handful of commercial and residential projects
have installed or agreed to install art, including:
7.1
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Commercial Projects
Dublin Gateway Medical Center
Dublin Place Shopping Center @ Hobby Lobby site (former Expo Design Center
location)
Kaiser (committed, not yet installed)
Safeway (Downtown)
Tralee
Ulferts Center
Waterford Shopping Center
Residential Projects
Archstone Apartments
Avalon Bay (BART Transit project)
Bay West – Aster (Downtown)
Essex - Connelly Station (Downtown)
Dublin Crossings – Boulevard (committed, not yet installed)
San Ramon Village @ Alcosta and San Ramon Road
Wallis Ranch
The decision whether or not to install art or pay the in-lieu fee is solely the developer’s
option. Staff has, in the past, encouraged developers to consider the in-lieu option if the
property location or building design does not allow for a suitably visible location for art or
the budget is too small to allow the developer to purchase the type of art that would be
desirable at that location.
The Ordinance does not specify where the art funded by in -lieu fees can or should be
placed. As noted earlier, the Master Plan recommends it be used for buildings, on public
grounds or on the grounds of the development that contributed the funds . The
Ordinance does require the developer to provide a public art easement and access
easement if the City deems it necessary.
Direction on the Public Art Program/Plan
Previously, the City Council discussed the update to the Public Art Master Plan at its
February 21, 2017 meeting. The earlier staff report contained recommendations on
proposed updates by Staff and is included as reference to this item (Attachment 2).
Because the City Council asked to discuss this item again, specifically as it relates to
the collection and use of the in-lieu fee, Staff recommends that City Council provide
direction on the future use of fees. To prepare for this item, Staff has provided some
options/questions for the City Council’s consideration and direction:
Would the City Council like to broaden the definitions of Public Art?
If yes, changes will need to be made to both the Public Art Master Plan and Public Art
Ordinance. The current, traditional definition is limited to original creations by
professional visual artists – either permanent or temporary in nature. City Council
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should specify anything it wishes to have considered beyond original works by
professional visual artists.
Does the City Council wish to consider other/new locations of Public Art?
If yes, the City has certain public locations where there currently is no public art,
including the Heritage Park and Museums and the Dublin Sports Grounds, as well as
other parks on the west side of Dublin. Should the City Council wish to explore public
art at these locations or other locations, Staff can prepare some options for
consideration. Staff can also look into investing in interior art, which Dublin has
relatively little of in its collection. This could also include specifying locations for
temporary art displays.
Does the City Council wish to consider a concentration of art in a particular
location, like in the Downtown?
If yes, the City Council may wish to incorporate this element in the upcoming Downtown
Streetscape Master Plan and set aside an amount of the Public Art Fund to be for this
purpose. Staff would recommend no more than a $1 million set aside until the
completion of the Downtown Streetscape Master Plan, should the City Council wish to
pursue this option.
Would the City Council like to see different t ypes of Public Art in particular
locations?
If yes, the City Council may wish to state a preference for certain types of art in certain
locations. For example, functional art such as benches in park locations, while
decorative murals or pedestrian scale sculptures in downtown areas that are being
designed to encourage pedestrian traffic. Staff can also look into investing in interior
art, which Dublin has relatively little of in its collection. This could also include specifying
locations for temporary art displays.
In addition to the questions above, Staff would recommend the City establish a separate
Art Maintenance Fund (paid for through the Public Art fee) and add a re quirement to
record Public Art Agreements against the property to ensure that current and future
property owners know the requirement and the art remains on site or is replaced with
new art that has been approved through the public art process.
Next Steps
Staff is seeking the City Council’s input and feedback on the questions above.
Following receipt of that feedback, Staff can prepare (if needed) additional research and
information to be brought back to the City Council. Further, if City Council concurs with
the Downtown set-aside concept proposed by Staff, the appropriation would occur in
June when Staff brings back the Reserve designations for the upcoming Fiscal Year.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
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ATTACHMENTS:
1. Ordinance 14-06 Public Art Program
2. City Council Staff Report (February 21, 2017)
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Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: February 21, 2017
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: Preliminary Discussion of Public Art Master Plan Update
Prepared by: Tegan McLane, Cultural Arts & Heritage Manager
EXECUTIVE SUMMARY:
The City Council will receive a report on the current Public Art Master Plan (adopted in
2006) and provide direction to Staff, if desired, on new items or updates that the City
Council wishes to consider as part of an update to the Plan.
STAFF RECOMMENDATION:
Receive the report and provide direction and input for the Public Art Master Plan
update.
FINANCIAL IMPACT:
None.
DESCRIPTION:
At its December 20, 2016, meeting, the City Council requested a review of the existing
Public Art Master Plan, which is now more than 10 years old , as the City begins the
process of updating the Plan. (Attachment 1)
Staff has reviewed the Plan and believes much of the original material, including the
goals, and most policies and procedures, are still applicable today and consistent with
best practices in the field.
The goals, as stated in Dublin’s original 2006 Public Art Master Plan, are:
Public Art Program Goals
1) Establish and enhance pedestrian friendly public spaces such as parks, plazas,
pathways, public restrooms, parking lots and other places where people travel or
gather.
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Page 2 of 3
2) Strengthen the unique character of individual neighborhoods, business districts and
transit corridors with artwork that relates to the site’s purpose, history and natural
environment.
3) Provide numerous opportunities for Dublin’s citizens to gain a deeper understanding
and appreciation for visual art.
4) Enhance the City’s identity and regional image by actively promoting Dublin’s unique
public art collection.
5) Encourage the creation of artworks that are integrated into the City’s built
environment, including signage, gateways, sidewalks, bus stops, bollards, parking
structures, crosswalks and other public amenities.
6) Involve artists in the planning of public spaces such as parks, and transit corridors.
7) In existing neighborhoods and parks, ensure community support for the artworks
through public participation in artist selection and artwork development.
8) In new developments, support the design themes, goals and objectives of City
planners and private developers by working closely with these parties in the
development of public art.
9) In rehabilitation of existing developments, further the design themes and goals of the
area by working with residents and business owners as well as City planners and
private developers in public art planning and development.
The original Public Art Master Plan includes policies designed to:
Encourage partnerships with non-profit organizations;
Affirm artist rights and artistic freedom of expression;
Require community involvement in each public art project;
Require disclosure of potential conflicts of interest; and
Prohibit discrimination.
The original Public Art Master Plan also established many procedures, or guidelines,
that are still working well, including:
An artist selection process;
Methods of artist selection;
Criteria for artist selection and artwork selection;
Definition of eligible/ineligible artworks;
Collection review and conservation plans; and
Criteria for accepting donated artworks; and
Guidelines for Art in Private Development.
However, Staff has identified some areas regarding opportunities for art placement,
roles of various parties involved, and implementatio n measures that are either outdated
or unclear. In addition to general clean up items to align the Plan with current
conditions, Staff recommends these items be reviewed and/or updated:
Opportunities for public art, including distribution throughout the City
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Responsibilities of City Council, Heritage and Cultural Arts Commission, Staff
and other City departments
Procedures regarding pre-qualified artist lists
Deaccessioning procedures
Gift or loan procedures
Developer’s options for fulfilling the requirement and obtaining occupancy
Community participation and outreach activities
Public Art Fund procedures and allowable expenses
Staff also recommends these three new items be considered:
Providing art guidelines by planning district to help begin to establish the “unique
character” of each;
Recording art requirements on the deed, to guarantee that Dublin’s success
getting private developers to install art are not lost when properties change
hands; and
Formalizing the creation of an art maintenance fund, to ensure that the City will
always have sufficient funds to maintain its collection .
As City Council members have previously expressed interest in using public art to
enhance economic vitality, Staff also recommends taking this opportunity to explore
options for strengthening this idea in the Public Art Master Plan update - possibly with
more specific language added to the goals, or by providing more explicit direction
regarding placement of public art in shopping district areas.
Staff requests the City Council's input on any additional items that it might like to see re -
examined or new considerations it would like to have presented in this update.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. City of Dublin Public Art Master Plan, 2006
7.1.b
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BACKGROUND
The City of Dublin has seen remarkable change
over the last decade. Since the late 1990s, the
City has grown dramatically with new housing,
retail and office development, and public
improvements. Additional housing and retail is
currently under construction.
Dublin’s public art program has grown along
with City development. Begun as a
partnership with the nonprofit Dublin Fine
Arts Foundation in the late 1980s, the City
boasts a collection of 19 City owned works,
two works on long-term loan, and four
privately owned works displayed in public
places throughout Dublin.
In 1997, the City of Dublin adopted its first
Public Art Policy. The Policy encouraged
development projects to include artwork in
buildings and public spaces, and set out
criteria for artwork selection and guidelines for
implementation. The Policy identifies the
Dublin Fine Arts Foundation to act in an
advisory capacity to the City and developers
on public art projects.
Since the adoption of the Public Art Policy,
many fine artworks have been created for the
City of Dublin. However, many of the
conditions on which the 1997 Policy was
based have changed. In 1999, the Heritage
and Cultural Arts Commission was established
to act in an advisory capacity to City Council
on matters pertaining to art, including public
art. City Departments were reorganized in
2000, to include arts and culture within the
Department of Parks and Community Services.
In 2002 a full-time Heritage and Cultural Arts
Supervisor position was created, with the
management of public art as a major
responsibility.
In 2001, the Dublin Heritage and Cultural Arts
Commission completed its first long-range
plan that called for the development of a
Public Art Master Plan to identify
opportunities for public art and to also revise
the Public Art Policy to identify alternate
funding sources and approval processes for
public art. It was in this context of program
growth and change that Wright & Associates
was hired to develop a Public Art Master Plan
in July 2003. A Public Art Master Plan Task
Force was created to provide feedback and
guidance during the development of the plan.
GAIA” by Ned Smyth (1990)
City of Dublin March 2006
Public Art Master Plan Page 1 of 25
7.1.b
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PUBLIC ART MASTER PLAN
This Public Art Master Plan describes the
principle methods used to develop public art in
the City of Dublin including:
City Projects:
Projects developed and funded by the City of
Dublin. These projects are planned by City
Staff in conjunction with the development of
the annual Capital Improvement Program
based on available funding.
City Projects in Partnership with
Community Organizations:
Projects developed in partnership with
nonprofit and community organizations such
as the Dublin Fine Arts Foundation (DFAF)
which may be funded, in part, by the City of
Dublin.
Private Development:
Projects on private property funded and
constructed by private developers.
The Plan outlines opportunities, guidelines and
policies for the City’s Public Art Program as
well as implementation strategies.
Public Art Opportunities
The Plan summarizes potential opportunities
for the placement of public art both on public
and private property. Opportunities were
developed based on a review of the existing
City infrastructure, proposed City specific
plans, private development projects and
proposed City capital projects.
Public Art Guidelines
The guidelines establish administrative
procedures for implementing the proposed
Public Art Program including City Council,
Heritage and Cultural Arts Commission and
Staff responsibilities, procedures for site and
artist selection, eligible artworks, collection
review, and funding options.
Program Policies
These policies will give the City Council,
Heritage and Cultural Arts Commission, Staff
and the public guidance on issues that often
arise in the administration of a public art
program. They reflect the best practices in the
field, adjusted to fit the unique circumstance of
the City of Dublin.
Program Implementation
Strategies for implementation of the Public Art
Program as well as potential funding
mechanisms for both City and private
development projects are summarized in this
section.
The Rising Blue” by Yoshio Taylor (2003)
City of Dublin March 2006
Public Art Master Plan Page 2 of 25
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PUBLIC ART PROGRAM -
OVERVIEW
Public Art Vision
The City of Dublin celebrates humanity and
promotes a healthy civic society through the
administration of its Public Art Program. The
Public Art Program and its collection inspire
residents and attract visitors with high quality
artworks, both freestanding and incorporated
in Dublin’s public spaces.
The Public Art Program will create a unique
sense of place and a strong identity for the
City as a whole. This vision will be furthered
through the creation and promotion of a
citywide collection of art works specifically
placed within the community, which enhance
urban planning goals and portray the dreams
and visions of the community.
Public Art Program Purpose
The purpose of Dublin’s Public Art Program is
to inspire civic pride among its residents and
strengthen the City’s regional identity by
enhancing public spaces, giving character to
neighborhoods and business districts, and
providing numerous opportunities for people
to experience visual art.
Public Art Program Goals
1) Establish and enhance pedestrian friendly
public spaces such as parks, plazas,
pathways, public restrooms, parking lots
and other places where people travel or
gather.
City of Dublin March 2006
2) Strengthen the unique character of
individual neighborhoods, business
districts and transit corridors with artwork
that relates to the site’s purpose, history
and natural environment.
3) Provide numerous opportunities for
Dublin’s citizens to gain a deeper
understanding and appreciation for visual
art.
4) Enhance the City’s identity and regional
image by actively promoting Dublin’s
unique public art collection.
5) Encourage the creation of artworks that are
integrated into the City’s built
environment, including signage, gateways,
sidewalks, bus stops, bollards, parking
structures, crosswalks and other public
amenities.
6) Involve artists in the planning of public
spaces such as parks, and transit corridors.
7) In existing neighborhoods and parks,
ensure community support for the artworks
through public participation in artist
selection and artwork development.
8) In new developments, support the design
themes, goals and objectives of City
planners and private developers by
working closely with these parties in the
development of public art.
9) In rehabilitation of existing developments,
further the design themes and goals of the
area by working with residents and
business owners as well as City planners
and private developers in public art
planning and development.
Aaron and Dillon” by Katherine Keefer (2002)
Public Art Master Plan Page 3 of 25
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PUBLIC ART PROGRAM -
OPPORTUNITIES
The City of Dublin has extensive plans to
build new neighborhoods and rehabilitate
others. As the plans are implemented, there
will be many opportunities to involve artists in
the early design of urban development
projects. Artists will be encouraged to work
with the City’s Heritage and Cultural Arts
Commission and Staff, Community
Development Department, private developers,
neighborhood residents and business owners to
enhance constituents’ goals and design themes
for each neighborhood.
This opportunities section summarizes existing
public art projects both public and private and
identifies potential projects for the placement
of public art in the City of Dublin.
Existing Public Art – City Projects
Beginning in 1990, the City has actively
pursued the development of public art.
Identifying public art opportunities at local
parks and City facilities, Dublin’s collection
now includes 21 artworks for public display.
A listing of the public artwork and locations
follows.
Dublin Civic Center
GAIA” by Ned Smyth (1990)
Gail” by Katherine Keefer (1994)
Aaron and Dillon” by Katherine Keefer
2002)
20th Anniversary Quilt” by Linda Schmidt
2002)
Sisyphus” by Roger Berry (1989, on loan
since 1992)
Steel Water Color #99” by Fletcher Benton
1989, on loan since 1996)
Dublin Library
Know Way” by Robert Ellison (2003)
Seasons” by Peter Mollica (2003)
Cutouts” by Mark Evans and Charlie Brown
2003)
Dublin Senior Center
Wisdom Through the Ages” by Rowland
Cheney (2005)
Art in the Parks
Commissioned by the Dublin Fine Arts
Foundation
Shannon Park: "Sirius" by Peter Voulkos
1990)
Stagecoach Park: “Mosaic Tile Seating
Area/Wagon Wheel” by Twyla Arthur (1996)
Alamo Creek Park: “Black Pool” by Alan
Counihan (1997)
Mape Memorial Park: “Archway” by Donna
Billick and Troy Corliss (1999)
Kolb Park: “Dust in the Universe” by John
King (2000)
Ted Fairfield Park: “Birdwatch” by Johanna
Poethig (2002)
Dolan Park: “Dreams of Longing After
Nothing” by Bryan Tedrick (2004)
Emerald Glen Park: “Divided Sea” by Ned
Kahn, (2004)
Underpass Murals
I-680 at Dublin Boulevard and I-680 at
Amador Valley Boulevard
Historic Crossroads” by Daniel Galvez, John
Pugh, and John Wehrle (2003)
Bus Shelter Art
Dublin Boulevard, north at Village Parkway
Dublin Boulevard north and south at Golden
Gate Drive.
By Dan Dykes (2003)
City of Dublin March 2006
Public Art Master Plan Page 4 of 25
7.1.b
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Existing Public Art – Private Development
In 1997 the City of Dublin adopted its first
Public Art Policy. The Policy encouraged
development projects to include artwork in
buildings and public spaces. To date four
private development projects have included
artwork. A listing of the artwork and locations
follows.
Dublin Boulevard Safeway: “Dublin Time”
by Dan Dykes (2004)
Expo Design Center: “Indesign” by Ray Lamb
2001)
Archstone Apartments: “Ironhorse Trail” by
Vickie Jo Sowell (2002)
Waterford Shopping Center: “The Rising
Blue” by Yoshio Taylor (2003)
Existing Public Art - School Projects
In 1994, the Dublin Unified School District
and the Dublin Fine Arts Foundation formed a
partnership to create permanent art projects in
each of Dublin's schools involving a
collaboration between professional artists and
the students, using Measure "B" monies. The
goal of the project was to create works that
would enhance the environment of each school
and create a sense of ownership for the
students as well as providing much needed arts
education. A listing of the artwork and
locations follows.
Murray Elementary School: "A Cultural
Voyage" a courtyard mural created by six
classes from 1st through 5th grade under the
supervision of artists Sofie Siegmann and
Kenneth Huerta (1995).
Wells Middle School: “Tell me and I will
forget. Show me and I may not remember.
Involve me and I will understand" and
Equations” a tile wall pattern created by
students in collaboration with artist Johanna
Poethig (1997).
Nielsen Elementary School: "We Make the
World" an entry-way mural created by 200
students in collaboration with artists Gary
Carlos and Jennifer Trammel (1998).
Dublin Elementary School: “Soaring to New
Heights” a mural created by students from
kindergarten through 6th grade in collaboration
with artist Argunnur Yr Gylfadottir (1999).
Public Art Opportunities – City Projects
Capital Improvement Projects
A Capital Improvement project means any
permanent public improvement project paid
for wholly by monies appropriated by the City
to construct, improve, or renovate a building,
including its appurtenant facilities, a
decorative or commemorative structure, a
park, a sidewalk, a parking facility, a utility, or
any portion thereof, within the City limits or
under the jurisdiction of the City.
In large capital projects it is recommended that
artworks be located on site, using a general
budget guideline of 1% - 2% of the total
capital project budget. Potential capital
projects include:
Shannon Community Center
Reconstruction
Emerald Glen Park Recreation and Aquatic
Center
Emerald Glen Park Community Center
Community Theater/Cultural Arts Center
Parks
City of Dublin March 2006
Public art should be included in neighborhood
and community parks. Potential artwork
locations should be identified as part of the
park design. Installation of art shall occur at
such time that occupancy of the surrounding
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development reaches a minimum of 25%.
Neighborhood Selection Committees should
be convened to assist with artwork selection.
Coordination with the Dublin Fine Arts
Foundation on the award winning “Art in the
Parks” project should be continued, as deemed
appropriate. Potential park projects include:
Bray Commons
Dublin Ranch Neighborhood Parks
Dublin Historic Park
Fallon Sports Park
Fallon Village Neighborhood and
Community Parks
Schaefer Ranch Parks
Transit Center Park
Public Art Venue
A Public Art Venue is a location where several
pieces of public art are on display in a
consolidated area. The size of the site can
typically vary from 1/3 acre to 10 acres in a
park location, or in the case of a streetscape,
one to several blocks long. Usually, a large
number of different types of art sculptures are
on display for the public’s view, in some
cases, surrounded by a garden like setting.
Some Venues are thematic in nature whereas
others can be educational. Public Art Venues
can range in cost from $350,000 up to $5
million or more, depending on the amount of
art pieces and possible land costs. Potential
locations for a Public Art Venue include:
Camp Parks
Dublin Historic Park
Emerald Glen Park
Public Art Opportunities – Private
Development
As the City embarks on development of area
specific projects, opportunities for public art
thrive. Public art can be included in a single
development project or part of a larger planned
development. Artworks should be located in
an area which is accessible to the public and
allow for unrestrained viewing from a variety
of vantage points. Sites may include urban
gateways, vistas, public spaces and plazas, or
other interior or exterior, publicly accessible
places.
As a condition of approval, public art will be
included in the following private development
projects:
Gateway Medical Center
General Motors
Ikea
Metropolitan Dublin Station
San Ramon Village
Sorrento
Tralee
Ulferts
Other potential private development projects
may include, but are not limited to:
Camp Parks
Dublin Land Company
Dublin Place Shopping Center
Dublin Transit Center
Emerald Place
Fallon Villages
Wallis Ranch
West Dublin BART
Site Selection Process
Sites will be selected based on the Public Art
Master Plan and goals of the public art
program:
1) Establish and enhance pedestrian friendly
public spaces where people travel or
gather.
City of Dublin March 2006
Public Art Master Plan Page 6 of 25
7.1.b
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2) Sites that are accessible to the public a
minimum of eight hours a business day
may be considered suitable locations for
public art.
3) Site spaces may be interior or exterior.
4) Locations can include surface treatments
of buildings, retaining walls and bridges.
The definition of “location” can also be
expanded by an artist’s ability to extend
the possibilities for public art, and would
then be determined on a case-by-case
basis.
5) Strengthen the unique character of
individual neighborhoods, business
districts and transit corridors with artwork
that relates to the site's purpose, history
and natural environment.
6) Provide numerous opportunities for
Dublin's citizens to be exposed to and gain
a greater appreciation for visual art.
7) Enhance the City's identity and regional
image by actively promoting Dublin's
unique public art collection.
In addition, sites should have maximum public
exposure.
For site selection to be maximized, the artist
will work with developers, city planners,
residents and business owners so that the
theme and development goals of the project
are enhanced. This will allow the artist and
community to decide if a work is best
incorporated into the building or other
infrastructure, or created as a freestanding
artwork. This process underscores the
importance of involving the artist at the same
time as the project architect.
City of Dublin March 2006
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PUBLIC ART PROGRAM –
GUIDELINES FOR CITY
PROJECTS
The guidelines outlined below establish
procedures for the implementation of the
Public Art Program for City projects.
Responsibilities
The City Council shall:
Adopt policies and procedures under
which the Public Art Program operates;
Review and approve the annual workplan
presented by Staff on behalf of the
Heritage and Cultural Arts Commission
that shall include identification of eligible
capital improvement projects and
recommended funding appropriations;
Appropriate monies for individual capital
improvement projects as part of the annual
capital budgeting process;
Approve all contracts with artists; and
Approve all public works of art.
The Heritage and Cultural Arts
Commission shall:
Provide oversight of the Public Art
Program;
Review and recommend the annual public
art workplan to City Council;
Recommend guidelines, policies and
procedures for the selection,
implementation and conservation of public
art in Dublin to the City Council;
Receive and review the recommendations
of the Artist Selection Panel and forward
to the City Council;
Review and approve Staff
recommendations regarding the care and
maintenance of the Public Art Collection;
Support Staff in community outreach
efforts;
Review and recommend proposed gifts of
public art to the City, as well as loans and
long term exhibitions of public art on City-
owned property;
Review and recommend accessioning
acquisition) and de-accessioning
removal) of artworks from the Public Art
Collection; and
Periodically review and recommend
changes to the Public Art Program
guidelines, policies and procedures.
City Staff shall:
Steer the overall work objectives of the
Public Art Program, such as project
administration, artist project management,
short and long-term planning and
community outreach;
Lead the development of the annual public
art workplan that shall include
identification of eligible capital
improvement projects and funding
appropriations and submit to the Heritage
and Cultural Arts Commission;
Monitor the overall development of the
Public Art Collection, including ensuring
that the Collection policies are followed;
Oversee the existing public art collection,
survey the works quarterly, update the
maintenance survey and communicate
maintenance needs to appropriate staff
and/or consultants;
Advise the Heritage and Cultural Arts
Commission and the artist selection panel;
Act as liaison to the artist selection panels;
Act as a liaison to the Dublin Fine Arts
Foundation;
Provide services to assist private
developers in creating and implementing
their public art plans;
Present recommendations to the Dublin
City Council on behalf of the Heritage and
Cultural Arts Commission; and
City of Dublin March 2006
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Ensure community outreach and citizen
participation in the Public Art Program.
Artist Selection Panels shall:
Be ad-hoc panels formed for a limited
period of time and be appointed by the
Mayor with the consent of the City
Council with the responsibility of
recommending artists for individual City
projects or groups of projects;
Be comprised of individuals representing
the following interests: arts professionals,
community leaders, business owners,
residents, gallery owners and art educators,
and
o One or more panelists shall be a
representative from the Heritage and
Cultural Arts Commission
o At least half the panel shall be Dublin
residents
o One or more panelists shall be
professional artists, architects or
landscape architects with experience in
public art
Have strong representation from partnering
nonprofit organizations, when appropriate;
Recommend to the Heritage and Cultural
Arts Commission an artist or artists to be
commissioned for projects;
Review the credentials, prior work,
proposals and other materials submitted by
artists for particular projects;
Look for the best fit between the artist and
the requirements in the project prospectus
and guidelines; and
Be sensitive to the public nature of each
project and the necessity for cultural
diversity in the Public Art Program.
City Departments shall:
Determine, in consultation with the
Heritage and Cultural Arts Staff, which
projects are eligible for public art
inclusion, the amount of eligible project
costs available for public art and whether
the project is appropriate for artist
involvement;
Provide the Heritage and Cultural Arts
Staff with information on the capital
improvement program, budgets and
schedules;
Designate a departmental representative to
participate in the artist selection process if
appropriate;
Review the maintenance needs survey for
artworks located at the site; and
Inform the project architect of the artist
involvement in the capital improvement
project and the method of artist selection.
Construction Project Managers shall:
Collaborate with the Heritage and Cultural
Arts Staff on the development of public art
projects;
Coordinate with the Heritage and Cultural
Arts Staff on all issues related to the Public
Art Program and the overall project
including safety, liability, timeline, code
requirements and installation deadlines,
etc.; and
Provide Heritage and Cultural Arts Staff
and artist with the appropriate
documentation necessary for project
compatibility and completion (i.e.,
architectural design drawings and
specifications, as-built drawings, structural
drawings, mechanical drawings, electrical
drawings, materials to support public
outreach efforts, etc.).
City of Dublin March 2006
Public Art Master Plan Page 9 of 25
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Cutouts” by Mark Evans and Charlie Brown (2003)
City of Dublin March 2006
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Artist Selection Process
Selecting the “right” artist – one whose
experience, artistic style, commitment to
collaboration, communication and facilitation
skills matches the needs of the project – is
critical to the success of any project.
Specifically, the goals of the selection process
are to:
Implement the goals of the overall capital
improvement program through an
appropriate artist selection;
Further the mission and goals of the Public
Art Program;
Select an artist or artists whose existing
public artworks or past collaborative
efforts have maintained a level of quality
and integrity;
Identify the optimal approach to public art
that is suitable to the demands of the
particular capital project;
Select an artist or artists who will best
respond to the distinctive characteristics of
the site and the community it serves;
Select an artist or artists who can work
successfully as members of an overall
project design team; and
Ensure that the selection process represents
and considers the interests of all parties
concerned, including the public, the arts
community and the City department
involved.
In consideration of selection of an artist for a
City Public Art project, certain requirements
of the artist will need to be met. These
requirements include:
Submit credentials, visuals, proposals
and/or project materials as directed for
consideration by artist selection panels;
Conduct necessary research, including
attending project orientation meetings and
touring project sites, when possible;
If selected, execute and complete the
artwork, conceptual work or design work,
or transfer an existing work, in a timely
and professional manner;
Work closely with Heritage and Cultural
Arts Supervisor, the project manager,
design architect and/or other design
professionals associated with the project;
Make presentations to City Council, the
Heritage and Cultural Arts Commission
and other reviewing bodies at project
milestones as required by contract; and
Make public presentations, conduct
community education workshops, or do a
residency at an appropriate time and forum
in the community where the artwork will
be placed, as required by contract.
Methods of Artist Selection
The method of selection for individual projects
shall be determined by City Staff in
consultation with the Heritage and Cultural
Arts Commission in accordance with the
adopted Public Art Program guidelines and
policies. Any of the following methods may be
used, depending upon the requirements of a
particular project.
Open Competition: An open competition is a
call for artists for a specific project in which
artists are asked to submit evidence of their
past work. Any artist may submit credentials
and/or proposals, subject to any limitations
established by the Artist Selection Panel. Calls
for entries for open competitions will be
sufficiently detailed to permit artists to
determine whether their work is appropriate
for the project under consideration.
Limited or Invitational Competition: A limited
number of artists shall be invited by the artist
selection panel to submit credentials and/or
proposals for a specific project. Artists shall be
invited, based on their past work and
City of Dublin March 2006
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demonstrated ability to successfully respond to
the conditions posed by the particular project
i.e., water features, light works, paintings,
sound works, landscape works, design team
efforts, etc.), or based on other non-aesthetic
Public Art Program goals (i.e., artists who
reside in a particular neighborhood where a
project is occurring, local artists or regional
artists, etc.).
Pre-qualified Artists List: Heritage and
Cultural Arts Staff will develop a pool of pre-
qualified artists who can be selected for small,
community-based projects with budgets under
25,000, where a separate selection panel may
not be warranted, if recommended by the
Heritage and Cultural Arts Commission.
Mixed Process: A mixed process may include
any combination of the above means.
Criteria for Selection of Artists or Artworks
Qualifications: Artists shall be selected
based on their qualifications as
demonstrated by past work and the
appropriateness of their concepts to the
particular project.
Quality: Of highest priority are the design
capabilities of the artist and the inherent
quality of artwork.
Media: All forms of visual arts shall be
considered, subject to any requirements set
forth by the project prospectus.
Style: Artists whose artworks are
representative of all schools, styles and
tastes shall be considered.
Appropriateness to Site: Artwork designs
shall be appropriate in scale, material, form
and content to their immediate social and
physical environments.
Appropriateness to Public Art Program
Goals: Artworks should address, or artists
should be willing to address within their
process, a commitment to enhancing public
spaces and giving character to
neighborhoods by supporting the larger
urban design themes of the neighborhood
or district.
Permanence: Consideration shall be given
to structural and surface integrity,
permanence and protection of the proposed
artwork against theft, vandalism,
weathering, excessive maintenance and
repair costs.
Elements of Design: Consideration shall be
given to the fact that public art is a genre
that is created in a public context and that
must be judged by standards that include
factors in addition to the aesthetic. Public
art may also serve to establish focal points;
terminate areas; modify, enhance or define
specific spaces; establish identity; or
address specific issues of urban design.
Community Values: While free artistic
expression shall be encouraged,
consideration must be given to the
appropriateness of artworks in the context
of local community and social values.
Public Liability: Safety conditions or
factors that may bear on public liability
must be considered in selecting an artist or
artwork.
Diversity: The Public Art Program shall
strive for diversity of style, scale, media
and artists, including ethnicity and gender
of artists selected.
Communications: The ability of the artist
to effectively communicate with a variety
of groups, including other design
professionals, public officials and
community members, should be taken into
consideration.
City of Dublin March 2006
Public Art Master Plan Page 12 of 25
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Dust in the Universe” by John King (2000)
City of Dublin March 2006
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Eligible Artworks
It is the policy of the City Council that all
artworks commissioned or acquired under the
public art program be designed by professional
visual artists. Such artworks include, but are
not limited to, the following:
Sculpture: free standing, wall supported or
suspended; kinetic, electronic; in any
material or combination of materials.
Murals or portable paintings: in any
material or variety of materials, with or
without collage or the addition of non-
traditional materials.
Earthworks, fiber-works, neon, glass
mosaics, photographs, prints, calligraphy,
any combination of forms of media
including sound, literary elements, film,
holographic images and video systems;
hybrids of any media and new genres.
Furnishings or fixtures, including but not
limited to gates, railings, streetlights,
signage, seating, etc., if created by artists
as unique elements or limited editions.
Artistic or aesthetic elements of the overall
architecture or landscape design if created
by a professional artist or a design team
that includes a professional artist.
Temporary artworks or installations, if
such artworks serve the purpose of
providing community and educational
outreach purposes.
The incremental costs of infrastructure
elements, such as sound-walls, utility
structures, roadway elements or other
items if designed by a professional artists
or a design team that included an artist as a
co-designer.
Ineligible Artworks
Art objects” which are mass produced or
of standard manufacture, such as
playground equipment, fountains or
statuary elements, unless incorporated into
an artwork by a project artist.
Reproductions, by mechanical or other
means, of original works of art, except in
the cases of film, video, photography,
printmaking or other media arts.
Works that are decorative, ornamental or
functional landscape or architectural
elements except when commissioned from
an artist as an integral aspect of a structure
or site.
Those elements generally considered to be
components of the landscape architectural
design, vegetative materials, pool(s), paths,
benches, receptacle, fixtures, planters, etc.,
except when designed by artists.
Collection Review and Conservation
At least once in every five-year period, the
Public Art Collection should be evaluated for
the purposes of collection management and
conservation in order to assess the collection’s
condition. The City, with the advice of the
Heritage and Cultural Arts Commission and
approval of City Council, shall retain the right
to de-accession any work of art in the
Collection, regardless of the source of funding
for the particular artwork.
Objectives:
To establish a regular procedure for
evaluating artworks in the Public Art
Collection;
To establish a regular procedure for
repairing public artworks;
To ensure regular maintenance of public
artworks and that all maintenance is
completed with the highest standards of
professional conservation;
To establish standards for the acquisition
of artworks by the City of Dublin;
To strive for an equitable distribution of
artworks throughout the City.
City of Dublin March 2006
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To ensure that de-accessioning is governed
by careful procedures; and
To insulate the de-accessioning process
from fluctuations in taste.
Acquisition Review Standards:
Acquisitions should be directed toward
artworks of the highest quality;
Acquisition of artworks into the Public Art
Collection implies a commitment to the
ongoing preservation, protection,
maintenance and display of the artworks
for the public benefit;
Acquisition of artworks, whatever the
source of funding, should imply
permanency within the Public Art
Collection, so long as physical integrity,
identity and authenticity are retained, and
so long as the physical sites for the
artworks remain intact; and
When possible, artworks should be
acquired without restrictions as to future
use and disposition.
De-accessioning Review Standards:
Any proposal for de-accessioning – the
destruction or removal of an artwork in the
collection – or relocation of an artwork shall
be reviewed by the Heritage and Cultural Arts
Commission according to the policy and
procedures contained herein and shall be as
deliberate as those practiced during the initial
selection. This process should operate
independently from short-term public
pressures and fluctuations in artistic or
community taste. During the review process,
the work of art shall remain accessible to the
public in its original location. The final
decision with respect to de-accessioning of
artworks shall rest with the City Council.
City of Dublin March 2006
De-accessioning should be a seldom-employed
action that operates with a strong presumption
against removing works from the Collection.
Artwork may be considered for review toward
de-accessioning from the Public Art Collection
if one or more of the following conditions
apply:
The condition or security of the artwork
cannot be reasonably guaranteed;
The artwork requires excessive
maintenance or has faults of design or
workmanship and repair or remedy is
impractical or unfeasible;
The artwork has been damaged and repair
is impractical or unfeasible;
The artwork’s physical or structural
condition poses a threat to public safety;
No suitable site is available, or significant
changes in the use, character or design of
the site have occurred which affect the
integrity of the work;
Significant adverse public reaction has
continued unabated over an extended
period of time (at least five years or more);
De-accessioning is requested by the artist;
or
The site and/or agency housing the work is
undergoing privatization.
When an artwork in the collection is being
considered for de-accessioning, the artist shall,
when practical, be given the first right of
refusal to purchase the work at its fair market
value.
Gifts or Loans of Artworks
Artworks proposed for donation or long-term
one year or longer) loan to the City shall be
carefully reviewed by the Heritage and
Cultural Arts Commission in order to meet the
following objectives prior to submitting to the
City Council for approval:
To provide uniform procedures for the
review and acceptance of gifts or loans of
artworks to the City;
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To vest in a single agency the
responsibility of insuring the management
and long-term care of the donated
artworks;
To facilitate planning for the placement of
artworks on City-owned property;
To maintain high artistic standards for
artworks displayed in City facilities; and
To provide for appropriate recognition for
donors of artworks to the City.
Review Criteria for Gifts or Loans of
Artworks:
Aesthetic considerations: To ensure artworks
of the highest quality, proposed gifts or long-
term loans of artworks should be accompanied
by a detailed written proposal and concept
drawings of the proposal and/or photographs
of an existing artwork, documentation of the
artist’s professional qualifications and, if
needed, a current certified appraisal of the
worth of the artwork. The following will be
considered in the acceptance of a gift or loan
of artworks:
To preserve artworks which provide the
public with a truer understanding and
deeper appreciation of historic Dublin.
To strengthen and enrich the public art
collection of the City.
To promote artwork that has an
educational or communicative function.
To choose artwork that is the best available
example to accomplish an interpretive
purpose.
Financial considerations: Based on the cost
of installation, the proposal should identify
sources of funding for the project, and the
estimated cost of maintenance and repair over
the term of the loan or expected life of the
artwork. Legal title to the donated artwork
must pass from the donor to the City without
restriction or conditions. Restrictive gifts are
detrimental to the artwork collection and
should be courteously declined. A legal
instrument of conveyance of the work of art
should be executed between the City and
donor.
Liability: The proposal should discuss
susceptibility of the artwork to damage and
vandalism, any potential danger to the public
and any special insurance requirements. The
City will accept long-term loans only to fill a
gap in the City’s public art collection.
Artworks that are on indefinite loan shall have
an expiration or renewal date defined.
Environmental considerations: The proposal
should address appropriateness of the artwork
to the site and the scale of the artwork in
relation to its immediate context. The Heritage
and Cultural Arts Commission will review and
discuss the donation and direct Staff as to any
questions to be asked of the donor or artist. A
personal appearance by artist may be
requested. The Commission will determine
when all issues have been addressed and
recommend to accept or reject the artwork.
Proposed artwork donations shall be reviewed
by the Heritage and Cultural Arts Commission
and approved by the City Council.
Wisdom Through the Ages” by Rowland Cheney (1990)
City of Dublin March 2006
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Donation proposals shall be accompanied by
the following information:
Slides, photos or a model of the proposed
work;
Biography of the artist;
Proposed site and installation plans;
Monetary value of the artwork and budget
for installation;
Maintenance requirements for the artwork;
and
Contact information for the donor.
Exceptions to the Review Process for Gifts or
Loans of Artworks:
Gifts of state presented to the City by foreign
governments or by other political jurisdictions
of the United States – municipal, state or
national – which may be accepted by the City
Council on behalf of the City shall be
reviewed as follows:
Permanent placement of artworks of
substantial scale, suitable and accessible
for public display shall be determined
jointly by the appropriate City Department
and the Heritage and Cultural Arts
Commission with the approval of the City
Council;
Appropriate recognition and publicity shall
be the responsibility of the City Council;
and
If not provided by the donor, maintenance
of the artwork shall be the responsibility of
the department with jurisdiction over the
site, in consultation with the Heritage and
Cultural Arts staff.
Sisyphus” by Roger Berry (1989)
City of Dublin March 2006
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PUBLIC ART PROGRAM –
GUIDELINES FOR PRIVATE
DEVELOPMENT
The guidelines outlined below establish
procedures for the implementation of the
Public Art Program for Private Development
projects.
Requirements
Commercial, Industrial, Office
Development:
The Public Art Program requires all new
commercial, industrial, and office
development projects over 50,000 square feet
to allocate one-half of one percent (1/2%) of
the Building Valuation (exclusive of land) per
development project, to finance an art project
according to the public art guidelines.
In lieu of providing on-site artwork, an
applicant may choose to deposit the required
allocation into a Public Art Fund. If an in-lieu
fee option is chosen, the developer must
reserve a space for possible public art to be
installed by the City, if the City determines
such a space is necessary.
Any new commercial, industrial, and office
development project under 50,000 square feet
will be required to allocate one-half of one
percent (1/2%) of the Building Valuation
exclusive of land) per development project, to
finance an art project or in lieu of providing a
public art work on site, may contribute funds
equal to 90% of the one-half of one percent
1/2%) to a Public Art Fund.
The building valuations shall be calculated by
the City’s Building Official.
An applicant may choose to allocate more than
the1/2% of Building Valuation to public art.
The Public Art obligation, if art is to be
installed on-site, must be satisfied prior to the
issuance of a Certificate of Occupancy. If the
in lieu fee option is chosen, the obligation
must be satisfied prior to the issuance of the
first building permit.
Residential Development:
The Public Art Program requires all new
residential developments including single-
family (detached), single family (attached),
and multi-family in excess of 20 residential
units to allocate one-half of one percent
1/2%) of the Building Valuation per
development project, to finance an art project
according to the public art guidelines.
The building valuations shall be calculated by
the City’s Building Official.
In lieu of providing on site artwork, an
applicant may choose to deposit the required
allocation into a Public Art Fund. If an in-lieu
fee option is chosen, the developer must
reserve a space for possible public art to be
installed by the City, if the City determines
such a space is necessary.
An applicant may choose to allocate more than
the1/2% of Building Valuation to public art.
The Public Art obligation, if art is to be
installed on-site, must be satisfied prior to the
issuance of a Certificate of Occupancy. If the
in lieu fee option is chosen, the obligation
must be satisfied prior to the issuance of the
first building permit.
Exemptions
The following categories of projects are
exempt from the Public Art Program
requirements:
City of Dublin March 2006
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1) Any current or future tenant improvement
projects;
2) Any 100% low-income housing projects;
3) Child Care Centers;
4) Nonprofit agencies and institutions that
exclusively provide social services only, to
the general public.
5) Any current or future condominium
conversions.
Verification of Expenses
The Project Developer shall provide
satisfactory evidence to the Parks &
Community Services Department that the
minimum allocation (1/2% of the Building
Valuation for commercial, industrial, office
and residential development) has been
expended for art work or allocated to the
Public Art Fund, prior to the issuance of the
Certificate of Occupancy (for on-site work) or
prior to the issuance of a building permit (for
in lieu fee option) for the development project.
All financial arrangements shall be negotiated
between the Project Developer and the artist(s)
and shall be verified in a written agreement.
Copies of the executed contracts between the
applicant and the artists shall be submitted to
the Parks & Community Services Department
prior to the issuance of the Certificate of
Occupancy.
Assistance with Artist Selection
If an applicant elects to provide public art, the
applicant is free to choose the artist(s) of its
choice. The Parks & Community Services
Department can assist the applicant, in
selecting and locating qualified artists for their
project and can provide a list of private art
consultants that can assist the applicant with
artist selection. In addition, technical support
and artwork review and critique can be
provided by the Parks & Community Services
Department.
Eligible Costs
The following costs shall be included in
determining whether the public art allocation
meets the minimum required allocation:
Artists, professional design and production
fee inclusive of labor, materials and
services including art consultant or
management fees provided that these fees
do not exceed 15% of the minimum
allocation;
Travel of the artist for site visitation and
research;
Transportation of the work to the site;
Installation of the completed work;
Sales tax;
Any required permit or certification fees;
Identification plaques;
Directional or other functional elements
such as supergraphics, signing, color-
coding, etc., provided they are designed by
an artist and are, in the opinion of the City,
an integral part of the work of art;
Walls, bases, pools or other architectural
components on or in which works of art
are placed or affixed, provided they are an
integral part of the work of art;
Electrical, water or mechanical services for
activation of the work, when they are an
integral part of the work of art.
Non-Eligible Costs
The following costs will not be accepted as
satisfying the Public Art Program
requirements:
Preparation of the site EXCEPT as
necessary to receive the work of art.
Exhibitors and education aspects which are
interpretive of and tangential to the actual
work of art. This includes tours and
docents, videotaping or filming of
construction and installation of artwork.
City of Dublin March 2006
Public Art Master Plan Page 19 of 25
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Criteria for Selection of Artist and Artwork
The criteria followed in the selection of an
artist and eligible artwork should be consistent
with the City's policies for public projects (see
Criteria for Selection of Artists or Artworks,
and Eligible Artworks, page 10 and 11).
Process Steps
1) The Project Developer shall submit a
completed Site Development Review
SDR) application to the Community
Development Department, Planning
Division. The applicant will be informed
of the Public Art requirement and policies,
and will be encouraged to meet with the
Parks & Community Services Department
to discuss the requirements.
2) Residential Development Applicants, who
desire to provide public art within their
projects, are required to present a plan to
the City that conforms to the requirements
of the Public Art Master Plan. The
Applicant’s plan shall be submitted at the
time of an application for tentative map in
which individual lots are created. If a
tentative map is not required in the project,
the plan for public art shall be submitted at
the time of Site Development Review
SDR).
3) The Building Valuation will be verified
and the minimum art allocation will be
calculated by the Building Division upon
receipt of the building permit application.
The developer may be required to apply
and obtain a separate building permit for
the construction and installation of the art
project.
4) Applicants choosing not to provide on site
artwork will be required to pay in lieu fees
of a minimum art allocation of 1/2% for
commercial, industrial, office, and
residential developments and 90% of 1/2%
for commercial, industrial, and office
developments under 50,000 square feet to
the Public Art Fund, to satisfy the
development standard. In lieu fees must be
paid prior to the issuance of a building
permit.
5) Upon selection of an artist and artwork, the
developer will be required to meet with the
Heritage & Cultural Arts Commission for
review of the artwork. Upon
recommendation by the Heritage &
Cultural Arts Commission, the developer
will be required to receive final approval
by the City Council.
Art Project Checklist
Developer will be responsible for providing
the following documents:
Landscape and site plans and structural
calculations;
Sample or model (Maquette) of the art
project, drawings and photos;
Material samples and finishes (if
appropriate);
Artist resume (artist's record of group and
solo exhibitions, art training, art education,
private and public collections, critiques
and articles);
Building Valuation as determined by the
City’s Building Official;
Artist/developer contract;
Slides or photos of the artist's past work
which demonstrates like work to proposal,
accompanied by the price for which these
works were sold;
Maintenance provisions which provide
specific technical requirements;
Documentation which indicates that the
property owner is responsible for
maintaining the artwork at all times.
City of Dublin March 2006
Public Art Master Plan Page 20 of 25
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PUBLIC ART PROGRAM -
POLICIES
Nonprofit Partnerships
The City recognizes the value of its
partnerships with nonprofit agencies. It was
because of the leadership of the nonprofit
Dublin Fine Arts Foundation that public art
was successfully established in the City of
Dublin. Other nonprofit organizations have
also contributed to public art in the City. The
City encourages fostering partnerships with
other community groups in the development of
public art projects.
Policy
In order to promote community involvement,
the City will actively work to encourage
nonprofit organizations in its Public Art
Program to create public art on City owned
property. Nonprofit organizations are welcome
to approach the Dublin Heritage and Cultural
Arts Commission or Staff at any time to
discuss a public art project.
Nonprofit organizations must simply write the
City Heritage and Cultural Arts Staff with a
description of the proposed project. If the
project falls within the vision and goals of the
City public art program, it will go to the
Heritage and Cultural Arts Commission and
then City Council for approval. The project
will then be guided by the same guidelines and
criteria as other City public art projects, with
the Heritage and Cultural Arts Staff working
in partnership with the nonprofit
organization’s leadership. The nonprofit
organization will have representation on the
Public Art Advisory or Artist Selection
Committee that advises the project.
In general, nonprofit organizations are
expected to contribute the cost of the artwork
and its installation. The artwork must be
installed on City property and will become the
property of the City of Dublin once installed.
Artist Rights
The City of Dublin is committed to attracting
the highest quality artists to create works for
its public art program. For that reason, it is
important that artists retain reasonable control
over the integrity of their artworks and receive
equitable compensation for their creative
endeavors.
Policy
The City of Dublin seeks to assure the
following rights to artists, which shall be
embodied in artist contracts for the
commissioning or purchase of works of art.
Recognizing that successful public art is
generally inseparable from the site for
which it is created, City Departments shall
not move or remove an artwork unless its
site has been destroyed, the use of the
space has changed, or compelling
circumstances arise that require relocation
of the work of art. Should it become
necessary to move or remove an artwork,
City Staff shall make reasonable efforts to
consult with the artist before effecting any
removal or relocation. However, the City
reserves the right to move or remove the
artwork without notification under
emergency circumstances where an
immediate threat to property or public
safety is present.
If an artwork is significantly altered,
modified or destroyed, whether
intentionally or unintentionally, the artist
shall have the right to disclaim authorship
of the artwork. Should an artist choose to
exercise this disclaimer, the City shall
remove any plaques, labels or other
identifying materials that associate the
work with the artist.
City of Dublin March 2006
Public Art Master Plan Page 21 of 25
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The City shall make its best effort to
ensure that all maintenance and repairs to
works of art are accomplished in
accordance with any maintenance and
repair instructions the artist has provided to
the City at the time of accession, and that
all such maintenance and repairs adhere to
the highest professional standards of
artwork conservation. The City shall make
reasonable efforts to notify the artist before
undertaking repairs or restorations to the
artwork during the lifetime of the artist.
Where practical, the City shall seek to
ensure that the artist be consulted and
given an opportunity to accomplish the
repairs or restorations at a reasonable fee.
The City reserves the right to make
emergency repairs without prior
notification to the artist.
The artist shall retain all copyrights
associated with works of art accessioned
under this program including those
acquired for the City. The City agrees that
it will not copy or reproduce the artwork in
any way, or permit third parties to do so,
without prior written permission of the
artist. Notwithstanding this policy, the City
reserves the right to make photographs or
other two-dimensional representations of
the artwork for public, noncommercial
purposes, such as catalogues, brochures
and guides.
City of Dublin March 2006
Artistic Freedom of Expression
The City recognizes that free expression is
crucial to the making of works of art of
enduring quality. At the same time, public art
must be responsive to its immediate site in
community settings, its relatively permanent
nature and the sources of its funding.
Policy
It is the policy of the City to encourage free
expression by artists participating in the Public
Art Program, consistent with due consideration
of the values, aspirations, and goods of the
City. Community representatives will be
invited to serve on artist selection panels to
ensure discussion of community sensibilities.
Artists selected to participate in the program
will be encouraged to engage the community
directly in the process of developing their
artistic concepts and designs.
Community Participation and Outreach
The purpose of the Public Art Program is to
serve the citizens of Dublin. By building a
regular program of educational and
promotional activities, a sense of community
ownership can be instilled and cultivated. Such
activities can generate broader community
appreciation of public art and recognition of
the role of public art in reflecting the
community’s culture.
Policy
The City shall make community participation a
part of each public art project, as well as of the
program as a whole. This may be
accomplished through the use of Artist
Selection Panels and/or the Heritage and
Cultural Arts Commission and artist
interaction with the community.
The Heritage and Cultural Arts Staff may
develop a comprehensive approach to
educational outreach concerning the Public Art
Program. Elements of this ongoing educational
policy shall include programs in public schools
and special events, such as exhibitions, public
art tours, artist-in-residence programs,
education and/or school programs,
publications, brochures, films and videos and
public meetings. In addition, avenues such as
print and broadcast media will be cultivated in
order to give access to the Public Art Program
to the widest possible audience.
Public Art Master Plan Page 22 of 25
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Conflicts of Interest
The City recognizes and encourages those with
arts backgrounds and other related
professionals to serve as members of the
Heritage and Cultural Arts Commission, its
subcommittees and selection panels. It further
recognizes that artists and other related
professionals may have a real or perceived
conflict of interest when serving in such a
capacity while competing for projects. In
general, a conflict of interest may arise
whenever a committee or panel member has a
business, familial or personal relationship that
would make it difficult to render an objective
decision or create the perception that an
objective decision would be difficult. A
conflict may also arise whenever a committee
or panel member possesses inside information
or has a role in the decision-making process
that could influence the outcome of a public
art process or project. Therefore, the City has
established policies to govern service on the
Commission and its panels.
Policy
Members of the Heritage and Cultural Arts
Commission
Must disclose any real or potential conflict
of interest;
Are not eligible for any competition,
commission or project during his or her
tenure on the Heritage and Cultural Arts
Commission;
Must withdraw from participating or
voting on any competition, commission or
project for which any family member or
business associate has any financial
interest or personal gain;
Are ineligible for participation in any
competition, commission or project of the
Heritage and Cultural Arts Commission for
a period of one year following the end of
an individual’s term on the Commission;
and
Are ineligible for any competition,
commission or project on which he/she
voted during service on the Heritage and
Cultural Arts Commission, regardless of
the length of time that has elapsed
following Commission service.
Members of Advisory Committees or Artist
Selection Panels
Must disclose any real or potential conflict
of interest;
Must withdraw from participation,
discussion and voting on any artist who is
a family member, business associate or
with whom the panel member has a gallery
affiliation; and
May not enter any competition,
commission or project on which he or she
is serving as a panelist or advisory
committee member.
Non-discrimination
The City recognizes that cultural and ethnic
diversity is essential in programs sponsored by
the City and seeks to be inclusive in all aspects
of the Public Art Program.
Policy
The City will not discriminate against any
artist or other program participant based on
race, gender, ethnicity, age, socio-economic
class, religion, sexual orientation, skills and
abilities, and politics among other qualities.
Iron Horse Trail” by Vicki Jo Sowell (2002)
City of Dublin March 2006
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PUBLIC ART PROGRAM –
IMPLEMENTATION
City of Dublin March 2006
The goals, guidelines and policies set forth in
this Master Plan represent an ambitious plan.
The plan, however, reflects the desire of the
City of Dublin to develop and maintain a
Public Art Program that will create a unique
sense of place in each neighborhood and create
a strong sense of identity for the City as a
whole. The goal of this section is to identify
implementation measures and funding
mechanisms to facilitate the success of the
Master Plan.
Implementation Measures
Adoption of the Public Art Master Plan is the
first step in the implementation of the Public
Art Program. The Master Plan sets the
framework for the City’s Public Art Program
through the identification of a vision, purpose
and goals. Additionally the Master Plan
identifies opportunities for placement of public
art both on public and private property.
Further the Master Plan establishes program
guidelines related to the responsibilities of the
City Council, Heritage and Cultural Arts
Commission, Staff and the public in the
stewardship of the Public Art Program.
Guidelines also deal with the artist selection
process, eligible artworks and the maintenance
of the City’s collection. Lastly the Public Art
Master Plan recommends policies related to
non-profit partnerships, artist rights and
freedom of expression and community
participation and outreach.
Funding Mechanisms
At present, the City does not have an
established funding mechanism for public art
projects. For City projects, the City has
elected to include public art in selected public
buildings and has appropriated 1%-2% of the
construction budget for the public art. For
public art in private development, the City’s
current Public Art Policy encourages the
inclusion of public art but it is not a mandatory
requirement. For developers who choose to
include public art, the amount spent on art is
discretionary. The Public Art Master Plan
recommends that designated funding sources
be identified to fund the Public Art Program
on an ongoing basis.
Private Development:
For private development, a percent-for-art
program is recommended whereby all
residential (single-family and multi-family) in
excess of 20 residential units and non-
residential (commercial, industrial and office)
development projects are required to allocate
one-half of one percent (1/2%) of the project
costs to finance an art project according to the
public art guidelines contained in the Master
Plan. Commercial, industrial and office
development projects under 50,000 square
feet, as an option to providing public art on
site, may contribute funds equal to 90% of the
one-half of one percent to a Public Art Fund.
Non-residential projects in excess of 50,000
square feet and residential projects can also
choose to deposit the required allocation into a
Public Art Fund in lieu of providing on site
artwork but no discount is given.
Historic Crossroads” by Daniel Galvez, John Pugh,
and John Wehrle (2004)
Public Art Master Plan Page 24 of 25
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City Projects:
In large City capital building projects it is
recommended that artworks be located on site,
using a general budget guideline of 1% - 2%
of the total capital project budget. Potential
projects include: Shannon Community Center
Reconstruction; Emerald Glen Park Recreation
and Aquatic Center; Emerald Glen Park
Community Center; and Community
Theater/Cultural Arts Center.
City of Dublin March 2006
For park projects, it is recommended that
public art be included in neighborhood and
community parks. Potential artwork locations
should be identified as part of the park design
and installation of art shall occur at such time
that occupancy of the surrounding
development reaches 25%. Neighborhood
Selection Committees should be convened to
assist with artwork selection. Coordination
with the Dublin Fine Arts Foundation on the
award winning “Art in the Parks” project
should be continued, as deemed appropriate.
The Public Art Master Plan recommends that
consideration be given to establishing a Public
Art Venue. A Public Art Venue is a location
where several pieces of public art are on
display in a consolidated area. The size of the
site can typically vary from 1/3 acre to 10
acres in a natural setting, or in the case of a
streetscape, one to several blocks long.
Usually, a large number of different types of
art sculptures are on display for the public’s
view, in some cases, surrounded by a garden
like setting.
Public Art Fund:
Finally it is recommended that a Public Art
Fund be established for the purpose of
collecting fees paid in lieu of committing the
required allocation to an on-site art project.
Such funds shall be used to acquire, place and
maintain public art projects located at public
buildings or on public grounds, or at the
private development site from which the funds
were received, if the City so chooses, and to
administer the Public Art Program.
Dreams of Longing After Nothing” by Bryan Tedrick (2004)
Public Art Master Plan Page 25 of 25
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Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: May 2, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Resolution Approving Public Agencies Post-Employment Benefits Trust
Program by Public Agency Retirement Services (PARS) to Pre-Fund
Pension Obligations
Prepared by: Colleen Tribby, Director of Administrative Services
EXECUTIVE SUMMARY:
The City Council will consider the establishment of an irrevocable Section 115 trust,
administered by Public Agency Retirement Services, to pre-fund pension obligations.
This option would supplement the City's annual contributions to CalPERS, at the
discretion of the City. Any funds in the trust would count as pension assets, thus
reducing the City’s net pension liability, which can be used to offset increasing pension
rates.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Adoption of the Public Agencies Post -Employment
Benefits Trust Administered by Public Agency Retirement Services (PARS).
FINANCIAL IMPACT:
There is no financial impact associated with establishing the trust to pre-fund retirement
benefit obligations, administered by Public Agency Retirement Services. Contributions
to the trust, as determined by the City Council at a future meeting, will impact General
Fund reserves.
DESCRIPTION:
The City of Dublin’s pension trust, administered by California Public Employee
Retirement System (CalPERS), is funded partly by City contributions and employee
contributions, but primarily from interest earnings on funds invested. As shown below,
the most recent CalPERS actuarial report shows that the pension plan is 78.4% funded,
which is among the higher funded ratios for local agencies in California.
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The City’s annual required contributions to fund the plan a re determined by CalPERS’
actuarial assumptions, including demographic assumptions (retirement age,
employment and mortality rate projections) and economic assumptions (discount rate,
and wage and price inflation projections). Changes in these assumptions impact
contribution rates and thus affect agency budgets.
In December 2016, CalPERS announced the lowering of the discount rate, or the rate of
return it expects to earn on its investments, from 7.5% to 7.0% over the next three
years. During the Budget Study Session on April 4, 2017, Staff discussed the impact
that action will have on the City of Dublin's annual contributions to its pension plan. Staff
informed the City Council that the change would increase pension payments by an
estimated $525,000 annually, by Fiscal Year 2022-23. The following table provides
detailed information on the projected changes over that time period:
Current Discount Rate 7.50%7.50%7.50%7.50%7.50%7.50%
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
Normal Cost Rate *11.7%11.7%11.7%11.7%11.7%11.7%
Normal Cost 1,128,000$ 1,162,000$ 1,197,000$ 1,233,000$ 1,270,000$ 1,308,000$
Unfunded Liability Payment 663,512$ 827,271$ 1,000,258$ 1,109,707$ 1,231,826$ 1,322,885$
CURRENT TOTAL COST 1,791,512$ 1,989,271$ 2,197,258$ 2,342,707$ 2,501,826$ 2,630,885$
Revised Discount Rates 7.50%7.375%7.25%7.00%7.00%7.00%
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
New Normal Cost Rate *11.7%12.2%12.7%13.7%13.7%13.7%
New Normal Cost 1,128,000$ 1,212,000$ 1,299,000$ 1,444,000$ 1,487,000$ 1,532,000$
New Unfunded Liability Payment 663,512$ 848,000$ 1,050,000$ 1,248,000$ 1,447,000$ 1,621,000$
NEW TOTAL COST 1,791,512$ 2,060,000$ 2,349,000$ 2,692,000$ 2,934,000$ 3,153,000$
Cost Increase -$ 70,729$ 151,742$ 349,293$ 432,174$ 522,115$
Increase %0.0%3.6%6.9%14.9%17.3%19.8%
* Normal cost rate before employee sharing.
The Fiscal Year 2017-18 Budget Update already built in an additional $515,000,
growing annually in the 10-Year Forecast, for lump sum pension contributions to reduce
the City’s unfunded liability. During the Budget Study Session , the City Council
approved increasing that annual funding to $1 million, to provide cushion for potential
further CalPERS increases, with the idea that unused funds would be set aside in the
General Fund reserve for pension and retiree health.
In addition to budgeting for lump sum contributions and potential rate increases, Dublin
has taken a number of other steps to address increases for both pension and retiree
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health increases. These include paying off the PERS Side Fund obligation, increasing
required employee contributions for pension, funding the City’s share of the Alameda
County Fire Department’s retiree health costs, and reducing the retiree hea lth provision
to City employees hired after January 1, 2016.
While Dublin’s actions have helped mitigate rate increases, Staff recognizes that the
CalPERS decision is a clear indicator of the new economic environment and raises
questions as to whether the discount rate will ultimately be lowered again, or another
decision taken that negatively impacts contribution rates. To that end, Staff has been
evaluating other ways to reduce unfunded pension liabilities and contain future rate
increases. One option, as discussed during the Budget Study Session, is the use of a
Section 115 Trust, as a secondary way to pre-fund pension benefits.
Historically, Section 115 trusts have primarily been used for prefunding only Other Post-
Employment Benefits (OPEB, or retiree health). All of the OPEB prefunding plans,
including the City of Dublin’s, are operated under Internal Revenue Code Section 115.
Recently, in a private letter ruling, the Internal Revenue Service (IRS) said that Section
115 trusts could also be used for prefunding pension benefits, creating a new tool for
agencies.
A Section 115 Trust offers the following benefits:
Funds offset unfunded pension liabilities (General Fund reserves do not)
Agencies control the risk tolerance of the portfolio
Greater investment flexibility and risk diversification compared to an agency’s
General Fund investments
Assets can be sent directly to CalPERS to offset unexpected contribution rate
increases or be used as a rainy day fund when revenues are impaired based on
economic or other conditions
Improved credit rating
Flexibility to access assets any time to pay employer pension obligations.
There are currently only two independent retirement plan administrators, Public Agency
Retirement Systems (PARS) and Public Financial Management Group (PFM). Staff
evaluated the work done by other agencies in assessing this new service, which
included comparisons of services offered and fees to administer the trust (Attachment 3
is Daly City’s evaluation), and also met with representatives of PARS and their
investment manager, HighMark Capital Management. Staff believes that because of the
City’s existing successful relationship with PARS for part-time retirement benefits,
PARS’ commitment to providing flexibility for the City to participate i n selecting
investment strategies for its funds, and slightly lower fees to administer the plan , the
City would be best served by selecting PARS as its plan administrator.
Approval of the Resolution (Attachment 1) would adopt the PARS Public Agencies Post-
Employment Benefits Trust and allow for the execution of legal and administrative
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documents and other related actions required to administer the City’s Program. The
proposed agreement is included as Attachment 2.
At this time, Staff recommends that the City Council authorize only the establishment of
the trust and the authorization to enter into a contract with PARS , actions which have no
fiscal impact. A discussion of potential funding levels will be brought to the City Council
as part of the year-end reserve designations at the meeting of June 22, 2017.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving the Adoption of the Public Agencies Post -Employment Benefits
Trust Administered by PARS
2. Proposed Agreement for Administrative Services with PARS
3. Evaluation of PARS and PFM (City of Daly City)
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RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST-EMPLOYMENT
BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES
(PARS)
WHEREAS, PARS has made available the PARS Public Agencies Post -Employment
Benefits Trust (the “Program”) for the purpose of pre -funding pension obligations and/or OPEB
obligations; and
WHEREAS, the City of Dublin (“City) is eligible to participate in the Program, a tax-
exempt trust performing an essential governmental function within the meaning of Section 115
of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a
tax-exempt trust under the relevant statutory provisions of the State of California; and
WHEREAS, the City’s adoption and operation of the Program has no effect on any
current or former employee’s entitlement to post -employment benefits; and
WHEREAS, the terms and conditions of post-employment benefit entitlement, if any,
are governed by contracts separate from and independent of the Program; and
WHEREAS, the City’s funding of the Program does not, and is not intended to, create
any new vested right to any benefit nor strengthen any existing vested right; and
WHEREAS, the City reserves the right to make contributions, if any, to the Program.
NOW THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby adopts the PARS Public Agencies Post-Employment
Benefits Trust, effective _________________, 2017; and
2. The City Council hereby appoints the City Manager, or his/her successor or his/her
designee as the City’s Plan Administrator for the Program; and
3. The City’s Plan Administrator is hereby authorized to execute the PARS legal and
administrative documents on behalf of the City and to take whatever additional
actions are necessary to maintain the City’s participation in the Program and to
maintain compliance of any relevant regulation issued or as may be issued;
therefore, authorizing him/her to take whatever additional actions are required to
administer the City’s Program.
PASSED, APPROVED AND ADOPTED this 2nd day of May, 2017, by the following
vote:
AYES:
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ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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City Council Agenda Report Continuation of Discussion on Authorizing Participation in the Public Agencies Post-Employment Benefits Section 115 Trust Program to Pre-Fund Pension and Other Post-Employment Benefits Meeting Date: April 10, 2017 Page 2 of 5 The table below provides an overview of the two firms: Public Agency Retirement Services (PARS)Public Financial Management(PFM)Founded in 1984 1975HeadquartersNewport Beach Philadelphia
Office Locations in California Newport Beach - PARS
San Francisco - HighMark San Francisco & Los Angeles
Core Business Administration of 115 Trust for
prefunding OPEB/Pension Investment advisory services
Programs
Section 115 Trust for Pensions & OPEB,
supplemental defined benefit programs,
alternate retirement systems for part-time
employees, customized defined contribution
programs to supplement CalPERS
Section 115 Trusts for Pension & OPEB,
financial advisory, asset management and
consulting services
IRS Private Letter RulingYes; multiple employer Yes; multiple employer trust
No; single employer trust
Investment Manager HighMark Capital Management PFM Asset Management
Trustee US Bank (Los Angeles)Multiple employer plan - Wells Fargo
Single employer plan - TBD
Plans under Administration1,400+ plans for 800+ public agencies only200+ plans, mostly public agencies
Section 115 Pension
& OPEB Trust Clients
250+, including 72 for pension prefunding
(such as Alameda, Brisbane, Capitola,
Half Moon Bay, Morgan Hill, Napa,
Palo Alto, Rohnert Park, Sausalito,
Santa Clara, Tiburon)
115+, including 2 for pension prefunding
(Santa Cruz and Chino Valley Fire)
Annual Fees for Assets
under $5 million Approx. $26,500 Approx. $28,500
Investment Assets
under Administration
Approx. $2.2 billion (PARS)
Approx. $15.2 billion (HighMark)Approx. $62.0 billion
Investment Options 5 risk-tolerance levels (active or passive),
and custom option Custom only
Performance Returns
Actual 5-year historical returns
of 5 model portfolios:*
- Capital Appreciation: 9.53%
- Balanced: 8.12%
- Moderate: 7.24%
- Moderately Conservative: 5.51%
- Conservative: 4.07%
*Returns as of December 31, 2016
Composite returns only
(not based on historical returns
of actual portfolios)
Minimums
No minimum contribution;
No minimum fee;
No start up fees;
No trade or transactions fees
Minimum fee: $20,000 across all accounts;
Account fee: $500;
Trade fee: $8/trade
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