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Home My WebLink About*October 17, 2017 Agenda PacketOctober 17, 2017 Dublin City Council Agenda Page 1 of 5 REGULAR MEETING Tuesday, October 17, 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 charge, or to request information on being placed on the annual subscription list, please call 833-6650.  A complete packet of information containing Staff Reports and exhibits relate to each item is available of public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk’s Office and also at the Dublin Library. CLOSED SESSION 6:00 P.M. I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney II. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Vice Mayor Biddle and Councilmember Goel Unrepresented employee: City Attorney III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: An approximately 21.5' wide x 14' deep portion of Campbell Way right of way fronting APN 986-0034-009-00 (Transit Center Site A-3) Agency negotiator: City Manager Negotiating parties: Ashton at Dublin Station, LLC Under negotiation: Price and terms of payment REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. Summer Events Sponsor Recognition and Wrap-Up Reports The City Council will be asked to formally accept donations and recognize sponsors of Summer events including Farmers' Markets, Picnic Flix, Tuesday Concerts, Family Camp - outs and Splatter. STAFF RECOMMENDATION: Recognize sponsors and formally accept all summer event sponsorship donations. 3.2. National Bullying Prevention Month 2017 The City Council will proclaim the month of October as “National Bullying Prevention Month” in the City of Dublin, and consider adopting a Resolution Affirming the City of Dublin's Commitment to the Values of Dignity, Inclusivity, and Respect for All Individuals. STAFF RECOMMENDATION: Present the proclamation and adopt the Resolution Affirming the City of Dublin's Commitment to the Values of Dignity, Inclusivity, and Respect for All Individuals. October 17, 2017 Dublin City Council Agenda Page 2 of 5 3.3. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1. Approval of the October 3, 2017 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the October 3, 2017 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the October 3, 2017 Regular City Council meeting. 4.2. Red Ribbon Week Proclamation Each year the department participates in “NATIONAL RED RIBBON WEEK” events at the schools and in the community. Red ribbons are hung throughout the community and items with drug free messages are distributed to students. Each student from Kindergarten to 5th grade will receive an item. Red Ribbon Week will be held October 23-31, 2017. STAFF RECOMMENDATION: Present the Proclamation declaring October 23-31, 2017 as "Red Ribbon Week". 4.3. Authorization to Purchase Computers and Related Equipment from Dell, Inc. The City Council will consider authorizing the purchase of computer equipment from Dell, Inc., as part of the annual computer and equipment replacements. Staff desires to purchase a combination of desktop computers, virtual desktop units, computer monitors, and laptops via Dell's agreement with the NASPO ValuePoint Cooperative Purchasing Organization (previously known as the Western State Contracting Alliance), which allows public agencies to use agreements established through a cooperative public bid process. The equipment cost will exceed $45,000, which requires City Council approval. STAFF RECOMMENDATION: Adopt the Resolution Authorizing Staff to Procure Computers and Related Equipment from Dell, Inc. 4.4. Agreement with Sierra Display, Inc. for Banner Services The City Council will consider approving a contract services agreement with Sierra Display, Inc. for banner services. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Sierra Display, Inc. for Banner Services. 4.5. Notice of City Engineer’s Receipt of Final Maps for Review for Tracts 8361, 836 3, 8366, 8375, 8382, 8410, 8411, and Parcel Map 10546 The City Council will receive a notification of the City Engineer’s receipt of Final Maps for review for Tracts 8361, 8363, 8366, 8375, 8382, 8410, and 8411 Boulevard development, and Parcel Map 10546 Kaiser Dublin Medical Center project. STAFF RECOMMENDATION: Receive the notification. October 17, 2017 Dublin City Council Agenda Page 3 of 5 4.6. Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from September 1, 2017 - September 30, 2017 totaling $11,608,135.12. STAFF RECOMMENDATION: Receive the report. 4.7. Fiscal Year 2016-17 4th Quarter Financial Review The City Council will receive a financial report on the fourth quarter of Fiscal Year 2016-17 and consider amendments to General Fund reserve designations. STAFF RECOMMENDATION: Receive the report and confirm General Fund reserve designations as of June 30, 2017. 4.8. Revisions to the Personnel System The City Council will consider proposed changes to the City’s current Personnel System. The proposed adjustments are based on the need to revise the City’s Benefit Plan, Classification Plan and Salary Plan. STAFF RECOMMENDATION: Adopt the Resolution Amending the Benefit Plan; adopt the Resolution Amending the Classification Plan; and, adopt the Resolution Amending the Salary Plan for Full-Time Personnel. 4.9. Amendment to the Agreement with Indigo/Hammond + Playle Architects, LLP, for the Public Safety Complex - Police Services, Project No. GI0116 The City Council will consider an amendment to the agreement with Indigo/Hammond + Playle Architects, LLP, for the Public Safety Complex - Police Services, Project No. GI0116, to revise the design to reduce project costs and to provide design support services during construction. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Agreement with Indigo/ Hammond + Playle Architects, LLP. 4.10. Boulevard Public Art Master Plan The City Council will consider approval of the Boulevard's Public Art Master Plan. The Public Art Master Plan outlines goals of the art installation, locations throughout the community where it proposes to install public art, types of art it plans to install, and the procedure for selecting individual artists and artwork. STAFF RECOMMENDATION: Approve Boulevard's Public Art Master Plan, as recommended by the Heritage and Cultural Arts Commission. 5. WRITTEN COMMUNICATION – NONE. October 17, 2017 Dublin City Council Agenda Page 4 of 5 6. PUBLIC HEARING 6.1. Amendments to Dublin Municipal Code Chapter 7.04 (Encroachments), Chapter 8.92 (Wireless Communication Facilities), Chapter 8.36 (Development Regulations) and Chapter 8.104 (Site Development Review) pertaining to Wireless Communication Facilities effective city-wide The City Council will consider amendments to the Dublin Municipal Code related to wireless communication facilities on private property and within the public right-of-way. This includes amendments to Chapter 7.04 (Encroachments), Chapter 8.92 (Wireless Communication Facilities), Chapter 8.36 (Development Regulations) and Chapter 8.104 (Site Development Review). The proposed amendments are necessary in order to comply with the Middle Class Tax Relief and Job Creation Act of 2012 (Act), and further clarifies the regulation of wireless communications facilities located on private property and in the public right-of-way. The Act restricts local regulation of wireless communication facilities and provides an expedited permitting process under certain circumstances. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and INTRODUCE an Ordinance Amending Chapter 7.04 of the Dublin Municipal Code Relating to Development and Encroachment Permits for Wireless Communications Facilities, and waive the reading an INTRODUCE an Ordinance Amending Chapter 8.92, 8.36, and 8.104 of the Dublin Municipal Code Relating to Development of Wireless Communications Facilities, effective city-wide. 7. UNFINISHED BUSINESS – NONE. 8. NEW BUSINESS 8.1. Consideration of Communications Protocols with Dublin Unified School District The City Council will discuss the concept of establishing communications protocols with the Dublin Unified School District. STAFF RECOMMENDATION: Discuss the matter and provide Staff direction. 8.2. Dog Park Public Art Deaccession The City Council is being asked to approve the deaccession of Michele Alacantra's Animal Series Sculptures at Dougherty Hills Dog Park. STAFF RECOMMENDATION: Approve the deaccession of Michele Alacantra's Animal Series Sculptures at Dougherty Hills Dog Park. Provide Staff direction if the City Council wishes to consider commissioning new artwork for the Dougherty Hills Dog Park. 8.3. Downtown Dublin Specific Plan Progress Report The City Council will receive a progress report on the implementation of the Downtown Dublin Specific Plan since its adoption in 2011. The presentation will include an overview of the Specific Plan, a discussion of the existing conditions and obstacles to Downtown development, and a discussion regarding future improvements and private investment in the area. STAFF RECOMMENDATION: Receive the presentation and provide feedback and direction as appropriate on the topics discussed. October 17, 2017 Dublin City Council Agenda Page 5 of 5 8.4. Discussion of Special Needs Appointment to the Human Services Commission At the September 19, 2017 City Council meeting, the City Council directed Staff to place an item on a future agenda regarding the appointment of a special needs representative to the Human Services Commission. STAFF RECOMMENDATION: Provide direction to Staff. 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 i n 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. Vision Dublin is a vibrant city committed to its citizens, natural resources and cultural heritage. As Dublin grows, it will balance history with progress, to sustain an enlightened, economically balanced and diverse community. Dublin is unified in its belief that an engaged and informed community encourages innovation in all aspects of City life, including programs to strengthen our economic vitality, and preserve our natural surroundings through environmental stewardship and sustainability. Dublin is dedicated to promoting an active and healthy lifestyle through the creation of first-class recreational opportunities, facilities and programs. Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Summer Events Sponsor Recognition and Wrap-Up Reports Prepared by: Tegan McLane, Cultural Arts & Heritage Manager EXECUTIVE SUMMARY: The City Council will be asked to formally accept donations and recognize sponsors of Summer events including Farmers' Markets, Picnic Flix, Tuesday Concerts, Family Camp-outs and Splatter. STAFF RECOMMENDATION: Recognize sponsors and formally accept all summer event sponsorship donations. FINANCIAL IMPACT: Sponsorship donations toward the summer 2017 events totaled $40,950. Sponsorship donations are deposited into the revenue accounts for the respective even ts and help offset the cost of producing the events. DESCRIPTION: The City of Dublin's Special Events team had a very full summer, producing events including 24 Farmers' Market events, three Picnic Flix movie nights, three Tuesday Night Concerts and the sixth annual Splatter Festival. Local support of the City's summer events reached an all-time high, with 25 different businesses participating as sponsors, more than $40,950 donated to the summer events combined. This is 90% higher than last year. Staff attributes the increase primarily to a change in the way sponsorship opportunities are presented. Previously, Staff approached sponsors individually for each event. Now, businesses are offered a complete menu of sponsorship opportunities at the beginning of the year, so they can pick and choose those that fit their marketing needs and schedule. While the number of businesses is on par with previous years, the frequency of their participation has increased. 3.1 Packet Pg. 6 Page 2 of 4 Farmers’ Market – $11,650 Cash donors: $4000 –Kaiser (donation received last FY) $2400 – Provident Credit Union $1750 – Alexander Chiropractic, Dr. Gabrielson $1500 – Cornerstone Realty Century 21, IKEA, Patelco, Whole Foods $250 – Berkshire Communities, Boulevard, Fallon Dental, Fit Style, Sitterfriends.com Picnic Flix - $5000 Cash donors: $750 – Cornerstone Realty Century 21, Palo Alto Medical Foundation, Patelco, Provident Credit Union, Shir Martial Arts, Waterford Pediatric Dental $250 – Eastown Church, IKEA Tuesday Concerts - $300 Cash donors: $300 – Waterford Pediatric Dental Splatter - $24,000 Cash donors: $5000 – IKEA, Kaiser (donation received last FY) $1500 – Aster Apartments, Blue Waters Marketing, Comcast, John Muir, Master Kim’s Tae Kwon Do, Pedego Electric Bikes, Provident Credit Union, T -Mobile, Waterford Pediatric Dental, Welk Resorts In-kind donors to Splatter were: KKIQ (radio spots); Carl Zeiss Meditec (use of parking lot); Cornerstone Realty (use of moving van); and KSFO/KGO Radio (Gordon Biersch beer). FARMERS' MARKET Since moving to its new location in the plaza opposite The Wave, the Dublin Farmers’ Market has dramatically increased its attendance , from an average of 1,280 people in 2016 to 2,120 people in 2017, according to Pacific Coast Farmers’ Market Association (PCFMA), which manages the vendors. This year's Farmers' Market season extended 24 weeks from April 13 - September 21, 2017. Staff will be working with PCFMA on possibly extending the market season for an additional two weeks. PICNIC FLIX MOVIE SERIES Dublin’s 2017 free movies in the park series, Picnic Flix, featured The Secret Life of Pets (June 16), E.T. The Extra-Terrestrial (July 11) and Finding Dory (August 19). All three were titles suggested by the public on surveys taken during the prior year. 3.1 Packet Pg. 7 Page 3 of 4 Combined attendance was estimated at 2,700, with Secret Life of Pets being the best- attended movie of the summer at 1,100. Blush Organic Frozen Yogurt and various Food Truck Mafia trucks sold food and snacks onsite at each of the events. No major changes are planned for the 2018 season. Movie titles will again be selected from audience requests. TUESDAY CONCERTS With the opening of the Emerald Glen Park Amphitheater and public requests for more outdoor concerts, the City launched a concert series on the second Tuesday of the summer months. Dublin’s 2017 Tuesday concerts featured the Sun Kings, a Beatles Tribute band (June 13); Lady K and the Kings of Swing, performing jazz standards (July 11); and St. Gabriel’s Celestial Band, a Dixieland jazz group (August 8). Total attendance was estimated at 1,025, with the best attended concert being St. Gabriel’s Celestial Band at 400. The Dublin Lions Club sold beer and wine at Tuesday concerts and various Food Truck Mafia trucks sold prepared food. SPLATTER Dublin’s sixth annual Splatter festival, held on Saturday, September 16, 2017, drew approximately 18,000, up 80% from the prior year. Staff attributes the increase to the perfect weather and the general uptick in park attendance since The Wave opened. The event featured live music and dance on three stages this year. The Mainstage featured a line-up of mostly pop dance music, while the Side Yard stage near the Fountain featured indie rock and singer-songwriters. The new amphitheater stage featured music and dance by ethnic community groups and school groups. With The Wave open and fountain functioning again, Staff added the theme of water to the existing celebration of wine, art and music. A new Waterballerz carnival ride, Under the Sea carnival game and Squirt Gun Painting were added. Another new art activity, a Chalk Walk Art Contest, was set up for artists of all ages to draw 35 squares celebrating Dublin’s Emerald Anniversary. The activity was so popular with families that Staff had to expand the drawing area, with a dozen more squares. Prizes of Dublin-branded souvenirs were award to both adult and child artists. 3.1 Packet Pg. 8 Page 4 of 4 Dublin Rotary Club again handled all aspects of the beverage sales, operating booths near the main stage and amphitheater stages. With the increased attendance, beverage sales were up considerably. Traditional fair food vendors and food trucks provided a wide variety of food. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: None. 3.1 Packet Pg. 9 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: National Bullying Prevention Month 2017 Prepared by: Taryn Gavagan Bozzo, Executive Aide EXECUTIVE SUMMARY: The City Council will proclaim the month of October as "National Bullying Prevention Month" in the City of Dublin, and consider adopting a Resolution Affirming the City of Dublin's Commitment to the Values of Dignity, Inclusivity, and Respect for All Individuals. STAFF RECOMMENDATION: Present the proclamation and adopt the Resolution Affirming the City of Dublin's Commitment to the Values of Dignity, Inclusivity, and Respect for All Individuals. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will proclaim the month of October as "National Bullying Prevention Month" in the City of Dublin. Additionally, on April 18, 2017, under Item 9, Other Business, the City Council directed Staff to bring back a Resolution for consideration, affirming the City of Dublin's commitment to the values of dignity, inclusivity, and respect for all individuals. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. National Bullying Prevention Month 2017 Proclamation 3.2 Packet Pg. 10 Page 2 of 2 2. Resolution Affirming the City of Dublin's Commitment to the Values of Dignity, Inclusivity, and Respect for All Individuals 3.2 Packet Pg. 11 A P R O C L A M A T I O N O F T H E C I T Y C O U N C I L CI T Y O F D U B L I N CA L I F O R N I A “N A T I O N A L B U L L Y I N G P R E V E N T I O N M O N T H 2 0 1 7 ” WH E R E A S , bu l l y i n g i s p h y s i c a l , v e r b a l , s e x u a l , o r e m o t i o n a l h a r m o r i n t i m i d a t i o n i n t e n t i o n a l l y d i r e c t e d a t a p e r s o n o r gr o u p o f p e o p l e , a n d o c c u r s i n n e i g h b o r ho o d s , p l a y g r o u n d s , s c h o o l s , a n d t h r o u g h t e c h n o l o g y , s u c h a s t h e I n t e r n e t a n d ce l l p h o n e s ; a n d WH E R E A S , v a r i o u s r e s e a r c h e r s h a v e c o n c l u d e d t h a t b u l l y i n g i s t h e m o s t c o m m o n f o r m o f v i o l en c e , a f f e c t i n g m i l l i o n s o f Am e r i c a n c h i l d r e n a n d a d o l e s c e n t s a n n u a l l y , w i t h t h o u s a n d s o f C a l i f o r n i a c h i l d r e n a n d a d o l e s c e n t s a f f e c t e d b y b u l l y i n g an n u a l l y ; a n d WH E R E A S , t a r g e t s o f b u l l y i n g a r e m o r e l i k e l y t o a c q u i r e p h y s i c a l, e m o t i o n a l , a n d l e a r n i n g p r o b l e m s a n d s t u d e n t s w h o ar e r e p e a t e d l y b u l l i e d o f t e n f e a r s u c h a c ti v i t i e s a s r i d i n g t h e b u s , g o i n g t o s c ho o l , a n d a t t e n d i n g c o m m u n i t y a c t i v i t i e s ; an d WH E R E A S , c h i l d r e n w h o b u l l y a r e a t g r e a t e r r i s k o f e n g a g i n g in m o r e s e r i o u s v i o l e n t b e h a v i o r s , a n d c h i l d r e n w h o wi t n e s s b u l l y i n g o f t e n f e e l l e s s s e c u re , m o r e f e a r f u l , a n d i n t i m a t e d . NO W , T H E R E F O R E , B E I T R E S O L V E D , t h a t t h a t t h e D u b l i n C i t y C o u n c i l d o e s h e r e b y p r o c l a i m O c t o b e r a s N a t i o n a l Bu l l y i n g P r e v e n t i o n M o n t h a n d e n c o u r a g e s c i t i z e n s t o e n g a g e i n a v a r i e t y o f a w a r e n e s s a n d p r e v e n t i o n a c t i v i t i e s d e s i g n e d to m a k e o u r c o m m u n i t i e s s a f e r f o r a l l c h i l d r e n a n d a d o l e s c e n t s . DA T E D : O c t o b e r 1 7 , 2 0 1 7 M a y o r D a v i d G . H a u b e r t V i c e M a y o r D o n B i d d l e C o u n c i l m e m b e r A b e G u p t a C o u n c i l m e m b e r A r u n G o e l C o u n c i l m e m b e r M e l i s s a H e r n a n d e z 3.2.a Packet Pg. 12Attachment: 1. National Bullying Prevention Month 2017 Proclamation (Bully Prevention Month) RESOLUTION NO. XX-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AFFIRMING THE CITY OF DUBLIN’S COMMITMENT TO THE VALUES OF DIGNITY, INCLUSIVITY, AND RESPECT FOR ALL INDIVIDUALS AND THAT THE CITY OF DUBLIN IS “NO PLACE FOR HATE” WHEREAS, the City of Dublin’s vision states that, “Dublin is a vibrant city committed to its citizens, natural resources, and cultural heritage.” As Dublin grows, it will balance history with progress, to sustain an enlightened, economically balanced and diverse community; and WHEREAS, the City of Dublin recognizes the importance of providing an atmosphere of acceptance and respect in the community; and WHEREAS, the City of Dublin will continue working to ensure that our community is a safe place where each person’s dignity is ensured; and WHEREAS, the City of Dublin supports the Dublin Unified School District’s efforts against any hate or bullying in our community and schools, and will work with school officials to continuing promoting a safe environment; and WHEREAS, the Dublin City Council opposes discrimination on the basis of race, gender, sexual orientation, religion, or national origin, and fights for an equitable and welcoming environment in which all can freely and safely learn, discuss, differ, debate, and grow; and WHEREAS, fostering a relationship of trust, respect and open communication between City officials and residents is essential to the City’s mission of providing quality services which ensure public safety, a prosperous economic environment, and a high quality of life for our residents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby: 1. Welcome and celebrate difference, diversity and individuality among residents, workers and visitors in all ways, including, but not limited to, ability, race, creed, national and cultural origin, immigration status, color, age, religious beliefs, class, sexuality, gender identification and gender expression. 2. Stand up against any crime of hate or bullying in our community. 3. Continue to be an inclusive and respectful City to all residents of our community and will celebrate both our individuality and commonality. 3.2.b Packet Pg. 13 At t a c h m e n t : 2 . R e s o l u t i o n A f f i r m i n g t h e C i t y o f D u b l i n ' s C o m m i t m e n t t o t h e V a l u e s o f D i g n i t y , I n c l u s i v i t y , a n d R e s p e c t f o r A l l I n d i v i d u a l s ( B u l l y PASSED, APPROVED AND ADOPTED this 17th day of October, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 3.2.b Packet Pg. 14 At t a c h m e n t : 2 . R e s o l u t i o n A f f i r m i n g t h e C i t y o f D u b l i n ' s C o m m i t m e n t t o t h e V a l u e s o f D i g n i t y , I n c l u s i v i t y , a n d R e s p e c t f o r A l l I n d i v i d u a l s ( B u l l y Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of the October 3, 2017 Regular City Council Meeting Minutes Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the October 3, 2017 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the October 3, 2017 Regular City Council meeting. FINANCIAL IMPACT: N/A DESCRIPTION: The City Council will consider approval of the minutes of the October 3, 2017 Regular City Council meeting. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Draft Minutes of the October 3, 2017 Regula r City Council Meeting 4.1 Packet Pg. 15 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – OCTOBER 3, 2017 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING OCTOBER 3, 2017 A Regular Meeting of the Dublin City Council was held on Tuesday, October 3, 2017, in the City Council Chamber. The meeting was called to order at 7:02 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 Dublin 4-H Club, the City Council, Staff and those present at the meeting. Mayor Haubert called for a moment of silence in honor of those who suffered from the recent natural disasters and to the victims of the recent Las Vegas shooting. 3. Oral Communications 3.1. Employee Introduction: Oscar Antillon The City Council welcomed new employee Oscar Antillon. 3.2. Proclamation for Bicentenary of the Birth of Baha'u'llah The City Council presented the proclamation to the Spiritual Assembly of the Baha’is of Dublin. 3.3. Public Comment Neil Bedi, Dublin resident, provided public comment. Shareya Beri, Dublin resident, provided public comment. Megan, Samuel Merritt University nursing student, provided public comment. Rachel, Samuel Merritt University nursing student, providjed public comments. 4.1.a Packet Pg. 16 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e O c t o b e r 3 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e O c t o b e r 3 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING OCTOBER 3, 2017 Tamara Ficarra, Dublin resident, provided public comment. 4. Consent Calendar 4.1. Approved the minutes of the September 19, 2017 Regular City Council meeting. 4.2. Presented the Fire Prevention Week Proclamation. 4.3. Adopted RESOLUTION NO. 125 – 17 APPROVING THE AGREEMENT WITH THE MED-PROJECT FOR THE SERVICES OF COLLECTION AND DESTRUCTION OF UNWANTED PHARMACEUTICALS 4.4. Presented the Manufacturing Day Proclamation. 4.5. Adopted RESOLUTION NO. 126 – 17 APPROVING A LIST OF PROJECTS FUNDED IN FISCAL YEAR 2017-18 BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 4.6. Adopted RESOLUTION NO. 127 – 17 ACCEPTING THE ANNUAL STREET RESURFACING PROJECT (2017 SLURRY SEAL, CIP NO. ST0117) 4.7. Adopted RESOLUTION NO. 128 – 17 ACCEPTING THE STORM DRAIN TRASH CAPTURE PROJECT (CIP NO. ST1312) RESULT: ADOPTED [UNANIMOUS] MOVED BY: Don Biddle, Vice Mayor SECOND: Abe Gupta, Councilmember AYES: Haubert, Biddle, Goel, Gupta, Hernandez 5. Written Communication – None 6. Public Hearing – None 7. Unfinished Business 4.1.a Packet Pg. 17 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e O c t o b e r 3 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e O c t o b e r 3 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING OCTOBER 3, 2017 7.1. BART to Livermore Draft Environmental Impact Report - Staff Comments The City Council received the report on Staff’s comments on the BART Draft Environmental Impact Report and directed Staff to proceed with its comments as stated in the Staff Report with the modification of possibly adding Fallon as a transfer station. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Arun Goel, Councilmember SECOND: Abe Gupta, Councilmember AYES: Haubert, Biddle, Goel, Gupta, Hernandez 8. New Business 8.1. At Dublin General Plan Amendment Study Initiation Request Eizabeth Cobb, Vice President of Development at Shea Properties, made a presentation and responded to questions posed by the City Council. Kevin McCook, Vice President of Retail Acquisitions and Development at Shea Properties, made a presentation and responded to questions posed by the City Council. Reza Mahmoodi, Dublin resident, provided public comment. Mehdi Mahmoodi, Dublin resident, provided public comment. Jean Josey, Dublin resident, provided public comment. Alvin Lui, Dublin resident, provided public comment. Tamara Ficarra, Dublin resident, provided public comment. Maya Burrows, Dublin resident, provided public comment. Manas Lenka, Dublin resident, provided public comment. Dale Kaye provided public comment. Pavan Verma, Dublin resident, provided public comment. Duncan Marshall, Dublin resident, provided public comment. Kerrie Chabot, Dublin resident, provided public comment. 4.1.a Packet Pg. 18 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e O c t o b e r 3 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e O c t o b e r 3 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING OCTOBER 3, 2017 Ramya Ramakrishana, Dublin resident, provided public comment. Marie Marshall, Dublin resident, provided public comment. Kanchan Sehgal, Dublin resident, provided public comment. Gabi Blackman, Dublin resident, provided public comment. Mayor Haubert read a letter form the Dr. Leslie Boozer, Superintendent, Dublin Unified School District. On motion of Councilmember Gupta, seconded by Vice Mayor Biddle and by a majority vote (Councilmember Goel and Mayor Haubert voting NO), the City Council adopted: RESOLUTION NO. 129 – 17 APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY TO EVALUATE CHANGING THE LAND USE DESIGNATION OF APPROXIMATELY 76 ACRES PRIMARILY BOUND BY TASSJARA RO AD, INTERSTATE 580, BRANNIGAN STREET AND GLEASON DRIVE (APNS: 985-0051-004-00 THRU - 006-00; 985-0052-024-00 THRU 025-00); (PLPA-2017-00052) 8.2. Dog Park Public Art Deaccession By consensus, the City Council continued this item to the October 17, 2017 City Council meeting. 9. Other Business – Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meeting s attended at City expense (AB1234). By consensus, the City Council directed Staff to bring back an agenda item supporting anti-bullying. 10. Adjournment The meeting was adjourned at 9:47 p.m. in the memory of Staff Sgt. Sean Diamond and all the fallen troops; and Dan Gannod, Public Affairs Officer at Camp Parks in Dublin. Mayor ATTEST: ___________________________ City Clerk 4.1.a Packet Pg. 19 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e O c t o b e r 3 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e O c t o b e r 3 , 2 0 1 7 R e g u l a r M e e t i n g ) Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Red Ribbon Week Proclamation Prepared by: Nate Schmidt, Captain Dublin Police Services EXECUTIVE SUMMARY: Each year the department participates in “NATIONAL RED RIBBON WEEK” events at the schools and in the community. Red ribbons are hung throughout the community and items with drug free messages are distributed to students. Each student from Kindergarten to 5th grade will receive an item. Red Ribbon Week will be held October 23-31, 2017. STAFF RECOMMENDATION: Present the Proclamation declaring October 23-31, 2017 as "Red Ribbon Week". FINANCIAL IMPACT: Sufficient funds are included in the 2017-2018 fiscal year budget ($4,400) to fund Red Ribbon Week activities. There is no impact to the General Fund. DESCRIPTION: Red Ribbon Week encourages all citizens to participate in tobacco, alcohol and other drug prevention programs and activities, making a visible statement and commitment to healthy drug-free communities in which to raise a generation of drug-free youth. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Proclamation declaring October 23-31, 2017 as Red Ribbon Week 4.2 Packet Pg. 20 A PROCLAMATION OF THE CITY COUNCIL CITY OF D U B L I N, C A L I F O R N I A WHEREAS, tobacco, alcohol and other drug use and abuse has reached pandemic stages in California and throughout the United States; and, WHEREAS, it is imperative that community members launch unified and visible tobacco, alcohol, and other drug prevention education programs and activities to eliminate the demand for these substances; and, WHEREAS, parents, youth government, business, law enforcement, schools, religious institutions, service organizations, social services, health services, media, and the general public will demonstrate their commitment to drug-free communities by wearing and displaying Red Ribbons during this week-long celebrations; and, WHEREAS, the City of Dublin further commits resources to ensure the success of the RED RIBBON CELEBRATION and year round tobacco, alcohol and other drug prevention efforts; and, WHEREAS, the RED RIBBON CELEBRATION will be observed across America during RED RIBBON WEEK; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does hereby support October 23-31, 2017 as RED RIBBON WEEK, and encourages all citizens to participate in tobacco, alcohol and other drug prevention programs and activities, making a visible statement and commitment to healthy, drug-free communities in which to raise a generation of drug-free youth; and, BE IT FURTHER RESOLVED, the City Council of the City of Dublin encourages all community members to pledge: NO USE OF ILLEGAL DRUGS, AND NO ILLEGAL USE OF LEGAL DRUGS. DATED: October 17, 2017 ______________________ ______________________ Mayor David Haubert Vice Mayor Don Biddle ___________________________ ____________________________ ________________________ Councilmember Gupta Councilmember Goel Councilmember Hernandez 4.2.a Packet Pg. 21 At t a c h m e n t : 1 . P r o c l a m a t i o n d e c l a r i n g O c t o b e r 2 3 - 3 1 , 2 0 1 7 a s R e d R i b b o n W e e k ( R e d R i b b o n W e e k Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Authorization to Purchase Computers and Related Equipment from Dell, Inc. Prepared by: Colleen Tribby, Director of Administrative Services EXECUTIVE SUMMARY: The City Council will consider authorizing the purchase of computer equipment from Dell, Inc., as part of the annual computer and equipment replacements. Staff desires to purchase a combination of desktop computers, virtual desktop units, computer monitors, and laptops via Dell's agreement with the NASPO ValuePoint Cooperative Purchasing Organization (previously known as the Western State Contracting Alliance), which allows public agencies to use agreements established through a cooperative public bid process. The equipment cost will exceed $45,000, which requires City Council approval. STAFF RECOMMENDATION: Adopt the Resolution Authorizing Staff to Procure Computers and Related Equipment from Dell, Inc. FINANCIAL IMPACT: The cost of procuring desktop computers, computer monitors and laptops purchased from Dell, Inc., using the NASPO ValuePoint agreement, is not to exceed $78,000. Sufficient funds exist in the Fiscal Year 2017-18 Internal Service Fund (Equipment Replacement) for the replacement purchases. DESCRIPTION: The City routinely replaces computers and related equipment when these items reach the end of service life, currently defined as four years or longer for desktops and mo bile devices. When making these purchases, Staff utilizes procurement practices that ensure that the City obtains new equipment that meets City standards at a competitive price. 4.3 Packet Pg. 22 Page 2 of 2 Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency. Purchases made in this manner in excess of $45,000 still require City Council approval (Section 2.36.090). De ll Inc. offers its products to local government agencies based on an agreement with the NASPO ValuePoint, previously known as Western State Contracting Alliance (WSCA). The NASPO ValuePoint agreement was competitively bid and is a Master Contract that can be utilized by local government agencies. This procurement tool has been used effectively by the City for several years. In Fiscal Year 2017-18, Staff will replace a combination of desktops, computer monitors and laptops which have reached the end of th eir service. The deployment of the new equipment will occur over several months. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Authorizing Staff to Procure Computers and Related Equipment from Dell, Inc. 4.3 Packet Pg. 23 ATTACHMENT 1 RESOLUTION NO. xx - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AUTHORIZING STAFF TO PROCURE COMPUTERS AND RELATED EQUIPMENT FROM DELL, INC. WHEREAS, the City requires the use of desktop computers and related equipment for City operations and routinely replaces computers and related equipment that has reached the end of its useful life; and WHEREAS, Staff desires to purchase the Fiscal Year 2017 -18 equipment replacements from Dell, Inc., and WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and WHEREAS, Dell, Inc. has a valid pricing agreement publicly bid by NASPO ValuePoint, previously known as Western State Contracting Alliance (WSCA), which meets this Municipal Code provision for a publicly bid agreement; and WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval of equipment with a cost greater than or equal to forty-five thousand dollars ($45,000); and WHEREAS, the estimated cost of the Fiscal Year 2017-18 computer replacements and related equipment, under Dell’s cooperative purchasing agreement, will not exceed $78,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager as Purchasing Agent to procure the Fiscal Year 2017-2018 replacement computers and related equipment from Dell Inc., under a purchasing agreement publicly bid by the NASPO ValuePoint, at a cost not to exceed $78,000. PASSED, APPROVED AND ADOPTED this 17th day of October, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.3.a Packet Pg. 24 At t a c h m e n t : 1 . R e s o l u t i o n A u t h o r i z i n g S t a f f t o P r o c u r e C o m p u t e r s a n d R e l a t e d E q u i p m e n t f r o m D e l l , I n c . ( C o m p u t e r s f r o m D e l l ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement with Sierra Display, Inc. for Banner Services Prepared by: Hazel L. Wetherford, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approving a contract services agreement with Sierra Display, Inc. for banner services. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Sierra Display, Inc. for Banner Services. FINANCIAL IMPACT: The proposed Fiscal Year 2017-18 contract amount is approximately $84,000 for services in year one. Sufficient funds were included in the Fiscal Year 2017 -18 Budget Update to cover these costs. The contract term totals three years, for a total not-to- exceed amount of $137,986. DESCRIPTION: The City of Dublin maintains a Citywide Street Banner program that displays banners on City poles along Dublin Boulevard, San Ramon Road, Village Parkway, Dougherty Road, Hacienda Drive, and Tassajara Road. As part of the program, the City hires a contractor to maintain, install, replace and store the various banners and associated hardware. On August 25, 2017, the City issued a Request for Proposals (RFP) for banner servic es that included the following four projects: 1. The production of three (3) new sets of 102 banners, for a total of 306 banners; 2. The production of hardware to support the new 102 banners; 3. The rotation, storage and maintenance of all approximately 8 92 banners in the City inventory for a period of three (3) years; and 4.4 Packet Pg. 25 Page 2 of 2 4. The installation of new hardware as per item 2 above, and the rotation of all banners per a proposed schedule, as well as the removal of old hardware. The City received two responses to the RFP, which included Sierra Display, Inc. and Dekra-Lite. City Staff reviewed both proposals and is recommending the services of Sierra Display, Inc. Sierra Display, Inc. has extensive experience in banner services with more than 30 years in the commercial display industry. In terms of pricing, each firm offered competitive rates for their services, but Sierra Display submitted the lowest pricing proposal of the two firms and has a standing history with the City. If the City Council approves the Agreement, Staff will begin working with Sierra Display this month on the banner program. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Resolution Approving the Agreement with Sierra Display, Inc. for Banner Services 2. Exhibit A to Resolution - Contract Services Agreement with Sierra Display, Inc. 4.4 Packet Pg. 26 RESOLUTION NO. XX-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING THE AGREEMENT WITH SIERRA DISPLAY, INC. FOR BANNER SERVICES WHEREAS, the City of Dublin maintains a banner program; and WHEREAS, a Request for Proposals (RFP) was issued for banner services that included the following four projects: 1. The production of three (3) new sets of 102 banners, for a total of 306 banners; 2. The production of hardware to support the new 102 banners; 3. The rotation, storage and maintenance of all approximately 892 banners in the City inventory for a period of three (3) years; and 4. The installation of new hardware as per item 2 above, and the rotation of all banners per a proposed schedule, as well as the removal of old hardware; and WHEREAS, the City received two responses to the RFP; and WHEREAS, City Staff reviewed both proposals and is recommending the services of Sierra Display, Inc. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Sierra Display, Inc. for banner services, attached hereto as Exhibit A to this Resolution and authorize the City Manager to execute the Agreement and make any necessary revisions to the Agreement to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of October, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Mayor ATTEST: ______________________________ City Clerk 4.4.a Packet Pg. 27 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . f o r B a n n e r S e r v i c e s ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc. Page 1 of 10 CONTRACT SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND Sierra Display, Inc. THIS AGREEMENT for contract services is made by and between the City of Dublin (“City”) and Sierra Display, Inc. (“Contractor”) as of October 17, 2017. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2020, and Contractor shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. Notwithstanding the foregoing this Agreement may be extended for two one-year extensions upon the written consent of the Contractor and the City Manager, provided that; a) sufficient funds have been appropriated for such purpose, and b) the price charged by the Contractor for the provision of the services described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. Contractor shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Contractor’s profession. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $137,986.00, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s costs of providing the services required hereunder, including salaries and benefits of 4.4.b Packet Pg. 28 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc. Page 2 of 10 employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services incurred prior to the invoice date. No individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:  The dates of service provided at each facility;  Location of each service;  Daily logs of total hours worked by each individual performing work under this Contract o Hours must be logged in increments of tenths of an hour or quarter hours o If this Contract covers multiple projects, all hours must also be logged by project assignment o A brief description of the work  The Contractor’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. 2.3 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B. 2.5 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.6 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.7 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 4.4.b Packet Pg. 29 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc. Page 3 of 10 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor’s bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 12. In the event Contractor fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. 4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Contractor 4.4.b Packet Pg. 30 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc. Page 4 of 10 shall notify City within 14 days of notification from Contractor’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Contractor shall notify City within 14 days of notification 4.4.b Packet Pg. 31 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc. Page 5 of 10 from Contractor’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 [INTENTIONALLY DELETED] 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention provision and/or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Contractor shall 4.4.b Packet Pg. 32 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc. Page 6 of 10 provide written notice to City at Contractor’s earliest possible opportunity and in no case later than five days after Contractor is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:  Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;  Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the maximum extent allowed by law, Contractor shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Contractor or its employees, subcontractors or agents. Contractor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Contractor shall, at its expense, satisfy and discharge the same. Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Contractor/Subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby 4.4.b Packet Pg. 33 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc. Page 7 of 10 agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor No Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. 4.4.b Packet Pg. 34 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc. Page 8 of 10 Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. 8.3 Amendments. Except as explicitly set forth in Subsection 1.1, parties may amend this Agreement only in writing and signed by all the parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. MISCELLANEOUS PROVISIONS. 4.4.b Packet Pg. 35 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc. Page 9 of 10 9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 9.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 9.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 9.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 9.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at www.fppc.ca.gov/index.php?id=500. 4.4.b Packet Pg. 36 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a 4.4.b Packet Pg. 37 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc.--Exhibit A Page 1 of 2 EXHIBIT A SCOPE OF SERVICES Sierra Display, Inc. will provide the following banner services to the City of Dublin: 1. The production of three (3) sets of 102 banners, for a total of 306 banners. 2. The production of hardware to support 102 banners. 3. The rotation, storage and maintenance of all approximately 892 banners in the City inventory for a period of three (3) years, with the option of two one-year extensions per Subsection 1.1. 4. The installation of new hardware as per item 2 above, and the rotation of all banners per the proposed schedule below, as well as the removal of old hardware. ITEM 1: PRODUCTION OF THE BANNERS Contractor will produce three (3) sets of 102 Single banners, all double-sided, 30 inches wide by 96 inches tall. The banners will be printed on 18 oz. white blockout vinyl with full color digital printing. Banners must be quality constructed to hang properly on the hardware mounted on the poles, designed to withstand harsh elements and high winds and capable of being stored in a rolled and upright position. The vendor will provide a manufacturer’s warranty for the banners that includes the number of years that the warranty is in effect. ITEM 2: PROVISION OF BANNER HARDWARE Contractor will produce hardware relating to the banners as per Item 1 specifications. Bracket shoes, pole assemblies, and pole ends should be of heavy duty metals to reduce oxidation, corrosion and rust from weather elements. The hardware should have top and bottom fiberglass arms. Stainless steel banding should securely hold the hardware to the pole and be double wrapped. Strapping material should resist oxidation and corrosive agents. Hardware should be able to withstand sustained winds of at least 70 miles per hour when installed and need to be able to support banners made of 18 oz. vinyl. The Contractor will also provide a manufacturer’s warranty for hardware replacement with a minimum of six (6) years warranty on the hardware. In addition, the banding material must be silver gray. ITEM 3: BANNER ROTATION, STORAGE AND MAINTENANCE Contractor is responsible for the rotation (installation, removal and storage) and maintenance of all the banners during the term of the Agreement. ITEM 4: INSTALLATION OF HARDWARE AND BANNERS AND REMOVAL OF OLD HARDWARE All street poles will be considered for new hardware. In most instances hardware already exists on the poles, but may need to be replaced. In other instances, hardware will need to be removed completely. Contractor will install all the new hardware and banners as well as remove and dispose of all the old hardware, and will dispose of the old hardware. 4.4.b Packet Pg. 38 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc.--Exhibit A Page 2 of 2 SCHEDULE The following is the proposed schedule for banner change-outs (schedule may be changed at City’s discretion): July 10-15 Change-out Alameda County Fair to Summer Fun and Spare the Air (24 banners) September 10-17 Change-out Summer Fun and Spare the Air to Fall and Integrity in Action (102 banners) November 18-25 Change-out Fall and Integrity in Action to Holiday (82 banners) January 4-10 Change-out Holiday to Youth Digital Art and Integrity in Action (87 banners) March 1-4 Change-out Youth Digital Art and Integrity in Action to St. Patrick's Day (62 banners) April 1-5 Change-out St. Patrick's Day to Dublin Pride and Shop/Discover Dublin (102 banners) June 6-10 Change out Dublin Pride and Shop/Discover Dublin to Summer Fun and Alameda County Fair (102 banners) 4.4.b Packet Pg. 39 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Contract Services Agreement between October 17, 2017 City of Dublin and Sierra Display, Inc. - Exhibit B Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE ITEM 1 - Production of Banners: $33,966 ITEM 2 – Provision of Banner Hardware: $16,422 ITEM 3 – Banner Rotation, Storage and Maintenance for the entire term: $81,618 ITEM 4 – Installation of Hardware and Banners and Removal of Old Hardware: $ 5,980 TOTAL COMPENSATION: $137,986 4.4.b Packet Pg. 40 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a D i s p l a y , I n c . ( C o n t r a c t S e r v i c e s A g r e e m e n t w i t h S i e r r a Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Notice of City Engineer’s Receipt of Final Maps for Review for Tracts 8361, 8363, 8366, 8375, 8382, 8410, 8411, and Parcel Map 10546 Prepared by: Laurie Sucgang, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will receive a notification of the City Engineer’s receipt of Final Maps for review for Tracts 8361, 8363, 8366, 8375, 8382, 84 10, and 8411 Boulevard development, and Parcel Map 10546 Kaiser Dublin Medical Center project. STAFF RECOMMENDATION: Receive the notification. FINANCIAL IMPACT: There is no impact on the General Fund. DESCRIPTION: In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the following: ☒ City Engineer’s receipt of the following Final Map(s) for review: ☐ City Engineer’s pending decision on the following Final Map(s): Tract Location Developer Number of Units/Lots Type 8361 Boulevard, Neighborhood 9 Dublin Crossing, LLC 48 units Condominiums 8363 Boulevard, Neighborhood 10 Dublin Crossing, LLC 102 units Condominiums 8366 Boulevard, Neighborhood 13 Dublin Crossing, LLC 45 lots Single Family Residential 8375 Boulevard, Neighborhood 4 Dublin Crossing, LLC 24 lots Single Family Residential 4.5 Packet Pg. 41 Page 2 of 2 Tract Location Developer Number of Units/Lots Type 8382 Boulevard, Phase 2 Dublin Crossing, LLC 9 lots Recreation Center and Large Parcels for future neighborhood subdivision 8410 Boulevard, Neighborhood 11 Dublin Crossing, LLC 40 lots Single Family Residential 8411 Boulevard, Neighborhood 12 Dublin Crossing, LLC 49 lots Single Family Residential Parcel Map 10546 3100 Dublin Blvd Kaiser Foundation Hospitals 4 lots Medical Center and Commercial The Boulevard development (formerly Dublin Crossing) is located along Dublin Boulevard, just west of Arnold Road. The development is being subdivided into several neighborhoods, and the developer has prepared final maps for various neighborhoods and has submitted them for review by Staff. The Kaiser Dublin Medical Center project is located on Dublin Boulevard, just west of Fallon Road. The property is being subdivided into 4 lots for the medical center, parking lot, and commercial use. The developer has prepared a parcel map and submi tted it for review by Staff. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 4.5 Packet Pg. 42 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Payment Issuance Report and Electronic Funds Transfers Prepared by: Veronica Briggs, Senior Finance Technician EXECUTIVE SUMMARY: The City Council will receive a listing of payments issued from September 1, 2017 - September 30, 2017 totaling $11,608,135.12. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: SUMMARY OF PAYMENTS ISSUED September 1, 2017 through September 30, 2017 Total Number of Payments: 243 Total Amount of Payments: $11,608,135.12 DESCRIPTION: The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning September 1, 2017 through September 30, 2017. This report is provided in accordance with the policy adopted November 15, 2011 in Resolution 189 - 11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures. The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report. 4.6 Packet Pg. 43 Page 2 of 2 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Payment Issuance Report - September 2017 4.6 Packet Pg. 44 Print Date: 10/03/2017 City of Dublin Page 1 of 10 Payment Issuance Report Payments Dated 9/1/2017 through 9/30/2017 Date Issued Payee Amount Description 09/01/2017 AGAPIOU, JENNIFER 94.00 REC CLASS REFUND 09/01/2017 ALLEN'S AUTOMOTIVE & TOWING IN 210.00 POLICE EVIDENCE TOW 09/01/2017 ARAMARK UNIFORM SVC LOCKBOX 41.36 MAT SERVICE-CIVIC CENTER 28.00 MAT SERVICE-CORP YARD 37.03 MAT SERVICE-SENIOR CENTER 14.68 MAT SERVICE-SHANNON CENTER Check Total: 121.07 09/01/2017 BAY ALARM COMPANY 7943.92 ALARM SERVICES JUL-SEP 2017 95.00 ALARM TESTING & REPAIR-CIVIC CENTER Check Total: 8,038.92 09/01/2017 BSK ASSOCIATES INC. 3,681.00 GEOTECH INSPECTION SVCS DUBLIN SPORTS GROUNDS 09/01/2017 CALTRONICS BUSINESS SYSTEMS 651.71 COPIES-JUL 2017 09/01/2017 CHAN, ROSA 458.00 REC CLASS INSTRUCTOR 09/01/2017 COIT SERVICES, INC. 250.00 CARPET CLEANING SERVICES-CIVIC CENTER 374.00 CARPET CLEANING SERVICES-SENIOR CENTER 734.00 CARPET CLEANING SERVICES-SHANNON CENTER Check Total: 1,358.00 09/01/2017 CONTRACT SWEEPING SERVICES 12,344.81 STREET SWEEPING SERVICES AUG 2017 12,344.81 STREET SWEEPING SERVICES JUL 2017 Check Total: 24,689.62 09/01/2017 ENVIRONMENTAL FORESIGHT INC 775.00 SEAN DIAMOND PARK DESIGN SERVICES 09/01/2017 GIRL SCOUTS TROOP 32415 225.00 REFUND DEPOSIT FOR LIBRARY PROGRAM ROOM 09/01/2017 HOLMES, SHEILA M. 239.40 REC CLASS INSTRUCTOR 09/01/2017 INDIGO/HAMMOND + PLAYLE 7,934.25 ARCHITECTURAL DESIGN-POLICE BLDG RENOVATION 09/01/2017 JACKMAN, SHARI 59.14 MILEAGE REIMBURSEMENT JUL 2017 09/01/2017 LAI & ASSOCIATES 7,613.88 GEOTECHNICAL SERVICES-SEAN DIAMOND PARK 09/01/2017 MATRISCOPE ENGINEERING 1,439.15 INSPECTION & TESTING-FALLON SPORTS PARK 09/01/2017 MCE CORPORATION 486,182.81 BUILDING MAINTENANCE JUL 2017 11,077.30 CIVIC CENTER CARPET REPLACEMENT Check Total: 497,260.11 09/01/2017 REVOLUTIONARY GREEN 1,630.75 DEPOSIT FOR ZERO WASTE SORTING SERVICES 09/01/2017 RRM DESIGN GROUP, A CA CORP 845.00 DUBLIN SPORTS GROUNDS DESIGN SERVICES 09/01/2017 S & S WORLDWIDE INC 120.00 AFTER SCHOOL RECREATION SUPPLIES 09/01/2017 SAN FRANCISCO ELEVATOR SVC INC 300.00 ELEVATOR SERVICE AUG 2017 300.00 ELEVATOR SERVICE JUL 2017 Check Total: 600.00 09/01/2017 SHAMROCK OFFICE SOLUTIONS INC 2,053.37 COPIES 09/01/2017 TJ KRISTI CORPORATION 300.00 FUEL TANK INSPECTIONS APR-JUN 2017 300.00 FUEL TANK INSPECTIONS JAN-MAR 2017 Check Total: 600.00 09/01/2017 TRI-VALLEY JANITORIAL INC. 1,200.00 EXTRA JANITORIAL SERVICES-THE WAVE 1,278.35 JANITORIAL SUPPLIES-CIVIC CENTER 273.74 JANITORIAL SUPPLIES-CORP YARD 104.10 JANITORIAL SUPPLIES-HERITAGE PARK 283.69 JANITORIAL SUPPLIES-SENIOR CENTER 256.95 JANITORIAL SUPPLIES-SHANNON CENTER 4.6.a Packet Pg. 45 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - S e p t e m b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r S e p t e m b e r 2 0 1 7 ) Print Date: 10/03/2017 City of Dublin Page 1 of 10 Payment Issuance Report Payments Dated 9/1/2017 through 9/30/2017 Date Issued Payee Amount Description 337.54 JANITORIAL SUPPLIES-THE WAVE Check Total: 3,734.37 09/01/2017 TYCO INTEGRATED SECURITY LLC 332.63 FIRE ALARM MONITORING SERVICES-CIVIC CENTER 775.48 FIRE ALARM MONITORING SERVICES-LIBRARY 699.66 FIRE ALARM MONITORING SERVICES-PUBLIC SAFETY Check Total: 1,807.77 09/01/2017 UNITED SITE SERVICES OF CA INC 630.85 DISPOSAL SERVICES-AUG 2017 630.85 DISPOSAL SERVICES-JUL 2017 Check Total: 1,261.70 09/01/2017 WESCO GRAPHICS INC 3,217.23 ANNUAL CITY REPORT PRINTING & MAILING Payments Issued 9/1/2017 Total: 570,718.44 09/06/2017 4LEAF INC. 780.00 ENGINEERING SERVICES JUL 2017 109,954.00 INSPECTION & PLAN CHECK SERVICES JUL 2017 Check Total: 110,734.00 09/06/2017 ABADA CAPOEIRA SAN FRANCISCO 900.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 ADOLPH, BETH 334.78 REIMBURSEMENT PRESCHOOL SUPPLIES 09/06/2017 AT&T - CALNET 3 1,338.44 SERVICE TO 08/12/17 490.73 SERVICE TO 08/14/17 Check Total: 1,829.17 09/06/2017 AVESTA DEVELOPMENT GROUP, LLC. 4,673.63 DEVELOPER DEPOSIT REFUND 09/06/2017 BALLARD, MITCH 3,500.00 SPLATTER FESTIVAL SOUND SERVICES 09/06/2017 BEAUCHAMP, CHRISTOPHER C. 300.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 BELL, PATRICIA 700.00 SPLATTER FESTIVAL EMCEE SERVICES 09/06/2017 BIG O TIRES #7 50.00 POLICE VEHICLE TIRE INSTALLATION 09/06/2017 CAL ENGINEERING & GEOLOGY INC 12,705.00 ENGINEERING SERVICES JUL 2017 09/06/2017 CALIFORNIA BANK OF COMMERCE 68,462.64 RETENTION DEPOSIT-DOUGHERTY RD CONSTRUCTION 09/06/2017 CASTRO VALLEY PERFORMING ARTS 945.45 REC CLASS INSTRUCTOR 09/06/2017 CEL CONSULTING INC. 960.00 PLAN CHECK SERVICES JUL 2017 09/06/2017 CENTRAL VALLEY TOXICOLOGY 989.00 POLICE LAB TESTING SERVICES JUL 2017 09/06/2017 CHANDLER ASSET MANAGEMENT 10,065.07 INVESTMENT CONSULTING SERVICES JUL 2017 09/06/2017 CHEZA NAMI FOUNDATIONS, INC. 1,500.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 COMMUNITY RESOURCES FOR INDEPENDENT LIVING 634.33 COMMUNITY SUPPORT GRANT JAN 2017 09/06/2017 CRUDA, CARNE 1,500.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 CUMULUS MEDIA, INC. 2,439.00 RADIO ADS FOR THE WAVE KHOP-FM JUL 2017 09/06/2017 DEPT OF INDUSTRIAL RELATIONS 1,900.00 OSHA INSPECTION FEES 09/06/2017 DESILVA GATES CONSTRUCTION LP 1,331,590.21 CONSTRUCTION SVCS-DOUGHERTY RD IMPROVEMENTS 09/06/2017 DSRSD 21,116.34 SERVICE TO 8/31/2017 09/06/2017 DUBLIN HIGH SCHOOL BAND 300.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 FORD, DAVID 250.00 REFUND SITE DEVELOPMENT REVIEW FEE 09/06/2017 GUIDA SURVEYING INC. 174.00 ENGINEERING SERVICES JUL 2017 09/06/2017 H. T. HARVEY & ASSOCIATES 2,198.01 CONSULTING SVCS-DOUGHERTY RD IMPROVEMENTS 09/06/2017 HDL COREN & CONE 13.50 BUSINESS LICENSE FEE REFUND 09/06/2017 HINDERLITER, DE LLAMAS & ASSOC 20,518.27 SALES TAX AUDIT CONSULTING SVCS Q1 09/06/2017 IRON MOUNTAIN 161.71 ACAP RECORDS STORAGE AUG 2017 09/06/2017 JOHNSON, STERLING 2,000.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 KING, ARTHUR SCOTT 158.40 REC CLASS INSTRUCTOR 09/06/2017 KLUBER ASSOCIATES, INC 652.50 ENGINEERING SERVICES JUL 2017 09/06/2017 LIVERMORE AUTO GROUP 1,460.17 POLICE VEHICLE MAINTENANCE 4.6.a Packet Pg. 46 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - S e p t e m b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r S e p t e m b e r 2 0 1 7 ) Print Date: 10/03/2017 City of Dublin Page 1 of 10 Payment Issuance Report Payments Dated 9/1/2017 through 9/30/2017 Date Issued Payee Amount Description 09/06/2017 LOEWKE PLANNING ASSOCIATES 8,700.00 PLAN CHECK & INSPECTION SERVICES JUL 2017 09/06/2017 MEYERS NAVE 6,300.00 LEGAL SERVICES 09/06/2017 NORTHERN LIGHTS 4,999.00 SPLATTER FESTIVAL LIGHTING SVCS & STAGE 09/06/2017 PAKPOUR CONSULTING GROUP, INC. 10,623.70 CONSTRUCTION MGMT CDS UNITS-REGIONAL ST 8,633.19 CONSTRUCTION MGMT SHANNON CTR PARKING LOT 10,380.83 ENGINEERING SERVICES JUL 2017 11,050.00 PROJECT MGMT JORDAN RANCH PARK 14,722.50 PROJECT MGMT FALLON SPORTS PARK PH 2 Check Total: 55,410.22 09/06/2017 PG&E 782.62 GAS MAIN LINE CORP YARD 6,039.38 SERVICE TO 08/08/17 74.47 SERVICE TO 08/10/17 2,788.63 SERVICE TO 08/13/17 349.06 SERVICE TO 08/14/17 11,069.92 SERVICE TO 08/15/17 9,908.16 SERVICE TO 08/16/17 Check Total: 31,012.24 09/06/2017 PHOENIX GROUP INFO SYS. 151.05 PARKING CITATION PROCESSING-JUL 2017 09/06/2017 PRECISION CONCRETE CUTTING 17,668.84 SIDEWALK REPAIR SERVICES 09/06/2017 PRIME TIME ENTERTAINMENT INC 2,500.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 PROMYOTIN, SRAWAT 500.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 RADAR SHOP INC, THE 839.00 POLICE RADAR RE-CERTIFICATIONS 09/06/2017 REYES, BENJAMIN V. 1,000.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 RUPEL, BILL 200.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 S & C ENGINEERS, INC. 93,054.05 CONSTRUCTION ADMIN-DOUGHERTY RD IMPROVEMENTS 09/06/2017 SAN JOSE ICE COMPANY 1,076.31 SPLATTER FESTIVAL ICE TRAILER RENTAL 09/06/2017 SELECT IMAGING 693.32 ENVELOPES 09/06/2017 SHUMS CODA ASSOCIATES INC 2,255.00 INSPECTION & PLAN CHECK SERVICES JUL 2017 09/06/2017 SIMPLER SYSTEMS, INC 1,500.00 SOFTWARE LICENSING AUG 2017 1,500.00 SOFTWARE LICENSING JUL 2017 Check Total: 3,000.00 09/06/2017 SKYLINE CONSTRUCTION 3,060.27 DEVELOPER DEPOSIT REFUND 09/06/2017 ST. FRANCIS ELECTRIC, LLC. 168,972.89 DUBLIN BLVD WIDENING RULE 20A CONSTRUCTION 09/06/2017 SUNRUN, INC. 239.40 REFUND BUILDING PERMIT FEE 09/06/2017 TETRA TECH, INC. 10,000.00 LOCAL HAZARD MITIGATION PLAN 09/06/2017 THE PEELERS BAND 2,500.00 SPLATTER FESTIVAL ENTERTAINMENT 09/06/2017 TRB AND ASSOCIATES, INC. 3,900.00 INSPECTION & PLAN CHECK SERVICES JUL 2017 09/06/2017 TREASURER ALAMEDA COUNTY 3,104,423.08 POLICE SERVICES 4/23/17-7/1/17 09/06/2017 TREASURER ALAMEDA COUNTY 1,814.00 PARKING CITATIONS COLLECTED JUL 2017 Vendor Total: 3,106,237.08 09/06/2017 TRI-VALLEY JANITORIAL INC. 84.31 EXTRA JANITORIAL SERVICES-CIVIC CENTER 803.20 EXTRA JANITORIAL SERVICES-SENIOR CENTER 1,885.95 EXTRA JANITORIAL SERVICES-SHANNON CENTER Check Total: 2,773.46 09/06/2017 TYCO INTEGRATED SECURITY LLC 438.00 FIRE ALARM SERVICE CALL-CIVIC CENTER 09/06/2017 VALENTIN, M. 145.20 REC CLASS INSTRUCTOR 09/06/2017 W&H P.B. LLC 38,000.00 CASH COMPLETION BOND REFUND 4.6.a Packet Pg. 47 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - S e p t e m b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r S e p t e m b e r 2 0 1 7 ) Print Date: 10/03/2017 City of Dublin Page 1 of 10 Payment Issuance Report Payments Dated 9/1/2017 through 9/30/2017 Date Issued Payee Amount Description 09/06/2017 WC3-WEST COAST CODE CONSULTANT 12,812.50 INSPECTION & PLAN CHECK SERVICES JUL 2017 09/06/2017 WEST COAST SOLAR 75.00 REFUND BUILDING PERMIT FEE 09/06/2017 ZUMWALT ENGINEERING GROUP 10,836.00 ENGINEERING SERVICES JUL 2017 Payments Issued 9/6/2017 Total: 5,195,064.01 09/07/2017 U.S. BANK CORPORATE PMT SYSTEM 3,650.35 ADMISSION WRISTBANDS FOR THE WAVE 2,795.04 ALAMEDA COUNTY MAYORS' CONF DINNER CATERING 340.94 CITY DEPARTMENTS RECOGNITION SUPPLIES 256.05 CA ASSN OF MUSEUMS DUES-JOHNSTON 2,190.95 CA BUILDING OFFICIALS CONF REG-8 ATTENDEES 792.00 CA STORMWATER QUALITY ASSN CONF REG-YOUNG 192.23 CITY CLERKS ASSN TRAINING EXPENSE-SOLOZANO 420.91 COMPUTER ACCESSORIES -75.00 CREDIT FOR CODE ENFORCEMENT CLASS-BAXLEY -101.89 CREDIT FOR MARKETING SUBSCRIPTION-JACKMAN 1,159.22 EMERGENCY PREPAREDNESS KITS & WASTE CANS 1,557.68 EMPLOYMENT ADVERTISEMENTS 2,454.40 EQUIPMENT & SUPPLIES FOR THE WAVE 991.70 HERITAGE PARK & MUSEUMS SUPPLIES 465.00 INFORMATION SYSTEMS CONFERENCE REG-EISLER 708.74 IEDC MEMBERSHIP DUES-WETHERFORD, STEFFEN 2,021.83 FAMILY CAMPOUT SUPPLIES 39.00 MEDIA SUBSCRIPTION 48.57 NATURE DAY CAMP SUPPLIES 329.87 OFFICE SUPPLIES 16.00 PARKING FOR OFFSITE MEETINGS-FRANKLIN 1,744.00 POLICE SUPPLIES 2,670.17 POLICE SUPPLIES & TRAINING REG-SARASUA, BLAYLOCK 2,270.00 POLICE VIDEO SOFTWARE 125.00 PW ASSN APPRECIATION LUNCH-8 ATTENDEES 1,808.20 RECREATION SUPPLIES 3,302.60 ROSE GARDEN PLANTS AND SOIL 1,139.42 SENIOR CENTER PATIO FURNITURE 810.95 SENIOR CENTER SUPPLIES 1,370.45 SENIOR CENTER TABLES & FURNITURE 1,571.24 SHADE EQUIPMENT FOR SPECIAL EVENTS 793.00 SHANNON CLASSROOM BLINDS 11.35 STOPWASTE MEETING EXPENSE-PARNES 94.61 SUPPLIES FOR THE WAVE 7,144.03 THE WAVE FIRST AID, STAFF SUPPLIES & CPR CLASSES 1,629.14 THE WAVE NATATORIUM EQUIPMENT 2,191.12 THE WAVE PARTY PACKAGE SUPPLIES 101.66 THE WAVE SUPPLIES 4.6.a Packet Pg. 48 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - S e p t e m b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r S e p t e m b e r 2 0 1 7 ) Print Date: 10/03/2017 City of Dublin Page 1 of 10 Payment Issuance Report Payments Dated 9/1/2017 through 9/30/2017 Date Issued Payee Amount Description 47.19 TRI-VALLEY MAYORS' SUMMIT LUNCHEON-STEFFEN 220.00 URBAN LAND INSTITUTE MEMBERSHIP-SIMS Check Total: 49,297.72 Payments Issued 9/7/2017 Total: 49,297.72 09/08/2017 CAL PERS 69,984.46 PERS RETIREMENT PLAN: PE 9/1/17 09/08/2017 EMPLOYMENT DEVELOPMENT DEPT 16,832.81 CA STATE WITHHOLDING: PE 9/1/17 09/08/2017 I C M A 401 PLAN 870.00 DEFERRED COMP 401A: PE 9/1/17 09/08/2017 I C M A 457 PLAN 24,413.47 DEFERRED COMP 457: PE 9/1/17 09/08/2017 INTERNAL REVENUE SERVICE 61,452.69 FEDERAL WITHHOLDING: PE 9/1/17 09/08/2017 US BANK - PARS 5,065.65 PARS: PE 9/1/17 09/08/2017 WAGEWORKS, INC. 3,362.67 WAGEWORKS 2017: PE 9/1/17 Payments Issued 9/8/2017 Total: 181,981.75 09/11/2017 CALPERS 700.00 FEES FOR GASB 68 REPORTS & SCHEDULES Payments Issued 9/11/2017 Total: 700.00 09/12/2017 ABAG, ASSOC BAY AREA GOVMT 1,562.17 INSURANCE CLAIMS EXPENSE 09/12/2017 ALAMEDA COUNTY ENVIRONMENTAL 828.00 APPLICATION FEE FOR PERMIT TO OPERATE THE WAVE 09/12/2017 AMERICAN PAVEMENT SYSTEMS INC. 429,997.51 2017 SLURRY SEAL PROJECT 09/12/2017 AT&T 172.04 WAVE PHONE SERVICE TO 8/4/17 09/12/2017 AT&T - CALNET 3 294.67 SERVICE TO 08/26/17 105.30 SERVICE TO 08/27/17 Check Total: 399.97 09/12/2017 BANC OF AMERICA LEASING 581,880.90 ENERGY EFFICIENCY UPGRADE LEASE PMT #5 09/12/2017 BSK ASSOCIATES INC. 754.23 GEOTECHNICAL SERVICES-CLOVER PARK 09/12/2017 CODE PUBLISHING COMPANY 19.50 MUNI CODE CODIFICATION 09/12/2017 CUMULUS MEDIA, INC. 3,489.00 RADIO ADS FOR THE WAVE KATM-FM JUL 2017 09/12/2017 DEPT OF INDUSTRIAL RELATIONS 585.00 OSHA WATERSLIDE INSPECTION FEES 09/12/2017 DIPPIN' DOTS, L.L.C. 6,566.40 ICE CREAM CONCESSION AT THE WAVE 09/12/2017 DUBLIN CHAMBER OF COMMERCE 675.00 TRI-VALLEY MAYORS SUMMIT LUNCHEON-15 ATTENDEES 09/12/2017 EAST BAY DIVISION 50.00 EAST BAY DIVISION GENERAL MEETING- BIDDLE 09/12/2017 FALLON, DEBORAH P. 120.00 REC CLASS INSTRUCTOR 09/12/2017 FEDEX 136.62 EXPRESS SHIPPING 09/12/2017 FEHR & PEERS 1,086.75 TRANSPORTATION IMPACT FEE NEXUS STUDY 09/12/2017 GAVAGAN BOZZO, TARYN 78.23 TEAM DUBLIN ANNUAL BBQ SUPPLIES 09/12/2017 GEOSYNTEC CONSULTANTS, INC. 5,501.34 GREEN INFRASTRUCTURE/STORMWTR RESOURCE PLAN 09/12/2017 HAAG, JERRY P 513.50 CEQA DOCS TASSAJARA PRECISE PLAN 09/12/2017 IPMA-HR 149.00 MEMBERSHIP DUES-CARTER 09/12/2017 KIDZ LOVE SOCCER 8,352.00 REC CLASS INSTRUCTOR 09/12/2017 KITTELSON & ASSOCIATES, INC. 991.82 ENGINEERING SERVICES JUL 2017 09/12/2017 LUNA, FRANK 500.00 PETTY CASH FOR SPLATTER FESTIVAL 09/12/2017 MANAGEMENT PARTNERS INC. 1,628.50 EXECUTIVE COACHING SERVICES 09/12/2017 MOYA, CARLOS 32.17 MILEAGE REIMBURSEMENT AUG 2017 09/12/2017 OMNI-MEANS LTD 3,306.00 RADAR SPEED SURVEY 09/12/2017 PAKPOUR CONSULTING GROUP, INC. 3,479.18 PROJECT MANAGEMENT JORDAN RANCH PARK 09/12/2017 PG&E 3,227.58 SERVICE TO 08/24/17 4.6.a Packet Pg. 49 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - S e p t e m b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r S e p t e m b e r 2 0 1 7 ) Print Date: 10/03/2017 City of Dublin Page 1 of 10 Payment Issuance Report Payments Dated 9/1/2017 through 9/30/2017 Date Issued Payee Amount Description 95.59 SERVICE TO 08/25/17 311.81 SERVICE TO 08/29/17 4,208.76 SERVICE TO 08/30/17 Check Total: 7,843.74 09/12/2017 PGADESIGN INC. 11,401.47 LANDSCAPE ARCHITECTURE SVCS-SUBAREA 3 PARK 09/12/2017 PROMYOTIN, SRAWAT 100.00 FARMERS' MARKET ENTERTAINMENT 09/12/2017 SELECT IMAGING 114.71 FRAME NAME PLATES FOR CITY COUNCIL 540.87 NAME PLATES-CITY COUNCIL & CITY MANAGERS OFFICE 320.76 OFFICE SUPPLIES Check Total: 976.34 09/12/2017 SF ART CONSERVATION 7,985.00 PUBLIC ART MAINTENANCE & REPAIR AUG 2017 12,526.00 PUBLIC ART MAINTENANCE & REPAIR JUL 2017 Check Total: 20,511.00 09/12/2017 SHERATON GRAND SACRAMENTO 585.08 AMERICAN PLNG ASSN CONF EXPENSE - MILLION 09/12/2017 SIERRA PACIFIC TOURS 800.00 INSIDE DUBLIN BUS TOUR 09/12/2017 TREASURER ALAMEDA COUNTY 9,803.02 FUEL - JUL 2017 09/12/2017 WAGEWORKS, INC. 506.75 FLEXIBLE SPENDING ACCOUNT FEES AUG 2017 09/12/2017 WESTERN PACIFIC SIGNAL LLC 32,299.68 TRAFFIC SIGNAL CONTROLLERS-SAN RAMON RD 3,912.83 TRAFFIC SIGNAL CONTROLLER UPGRADES/REPAIRS Check Total: 36,212.51 09/12/2017 ZOOMGRANTS 4,500.00 HUMAN SERVICES GRANTS PROGRAM SUBSCRIPTION Payments Issued 9/12/2017 Total: 1,146,094.74 09/14/2017 ALAMEDA CO SURPLUS PROP AUTHOR 38,347.00 REIMB TASSAJARA INTERCHANGE ADVANCE COST 09/14/2017 ALAMEDA CO SURPLUS PROP AUTHOR 15,024.64 BART SHORT TERM ADVANCE LOAN PAYMENT Vendor Total: 53,371.64 09/14/2017 ALAMEDA COUNTY INFO TECH DEPT 2,400.00 GIS IMAGERY FY17-18 09/14/2017 ALL CITY MANAGEMENT SVCS INC 169.56 SUMMER CROSSING GUARD SERVICES - 7/2/17 TO 7/15/17 8,892.48 CROSSING GUARD SERVICES - 8/13/17 TO 8/26/17 Check Total: 9,062.04 09/14/2017 ARORA, AKSHAY 54,622.44 REC CLASS INSTRUCTOR 09/14/2017 BANNER BANK 51,159.19 RETENTION DEPOSIT-FALLON SPORTS PARK 09/14/2017 BAY AREA NEWS GROUP 67.00 LEGAL NOTICES AUG 2017 09/14/2017 C. OVERAA & CO. 262,554.97 AQUATIC COMPLEX CONSTRUCTION SERVICES 09/14/2017 CALED 100.00 CALED MEMBERSHIP FY17-18 WETHERFORD 09/14/2017 CAPITAL ONE COMMERCIAL 1,643.06 FAMILY CAMPOUT & SPLATTER FESTIVAL SUPPLIES 09/14/2017 CHANG SU-O-LIN 82,855.00 REFUND OF TIF 2 FALLON INTRCHG PRO-RATA 09/14/2017 D R ACQUISITIONS III LLC 116,842.00 REFUND FIRE IMPACT FEES 09/14/2017 DLT SOLUTIONS LLC 2,045.18 AUTOCAD SOFTWARE ANNUAL MAINTENANCE 09/14/2017 DU-ALL SAFETY, LLC 1,015.00 SAFETY CONSULTING SERVICES AUG 2017 09/14/2017 DUBLIN TROPHY HOUSE 1,414.82 BUSINESS RECOGNITION PLAQUES 09/14/2017 DUTCHOVER & ASSOCIATES 3,333.75 PLANNING AND ENGINEERING SERVICES JUL 2017 09/14/2017 ELECTRICBABY, INC. 783.75 HOUSING CONSULTING SERVICES AUG 2017 09/14/2017 GNU GROUP 3,184.15 COUNCIL CHAMBERS LOGO DESIGN & INSTALLATION 09/14/2017 HAAG, JERRY P 1,437.50 PLANNING SERVICES AUG 2017 09/14/2017 HAYWARD RUBBER STAMP CO INC 74.93 OFFICE SUPPLIES 4.6.a Packet Pg. 50 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - S e p t e m b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r S e p t e m b e r 2 0 1 7 ) Print Date: 10/03/2017 City of Dublin Page 1 of 10 Payment Issuance Report Payments Dated 9/1/2017 through 9/30/2017 Date Issued Payee Amount Description 09/14/2017 KLUBER ASSOCIATES, INC 1,232.50 LANDSCAPE PLAN REVIEW 09/14/2017 LANGUAGE LINE SERVICES 21.45 LANGUAGE LINE SERVICES AUG 2017 09/14/2017 LANLOGIC INC. 10,637.50 NETWORK ENGINEERING SUPPORT 09/14/2017 LEE, HYUN 288.00 REFUND PRESCHOOL FEES 09/14/2017 LEE, SANG 4,540.00 REFUND DEPOSIT FOR HERITAGE PARK RENTAL 09/14/2017 LOEWKE PLANNING ASSOCIATES 14,235.00 PLAN CHECK & INSPECTION SERVICES AUG 2017 09/14/2017 LYNX TECHNOLOGIES, INC. 2,043.75 GIS CONSULTING SERVICES AUG 2017 1,725.00 GIS CONSULTING SERVICES JUL 2017 Check Total: 3,768.75 09/14/2017 MCGUIRE & HESTER 462,472.35 STORM DRAIN CAPTURE PROJECT 09/14/2017 MECHANICS BANK 13,794.68 RETENTION DEPOSIT-AQUATIC COMPLEX PROJECT 09/14/2017 MEYERS NAVE 58,578.06 LEGAL SERVICES JUL 2017 09/14/2017 M-GROUP 6,377.50 PLANNING SERVICES JUL 2017 09/14/2017 MNJ TECHNOLOGIES DIRECT INC 31,818.98 BARRACUDA BACKUP SYSTEM ANNUAL MAINTENANCE 09/14/2017 ROBERT A. BOTHMAN, INC. 972,480.60 FALLON SPORTS PARK CONSTRUCTION 09/14/2017 RRM DESIGN GROUP, A CA CORP 5,556.45 PLANNING SERVICES JUL 2017 09/14/2017 ST. FRANCIS ELECTRIC, LLC. 776,367.89 DUBLIN BLVD WIDENING RULE 20A CONSTRUCTION 09/14/2017 STUDIO BLUE REPROGRAPHICS 658.78 GENERAL PLAN MAP UPDATE - FRAME & MOUNT 09/14/2017 T-MOBILE USA, INC. 493.16 CELL PHONE SERVICE TO 8/20/17 09/14/2017 VERMONT SYSTEMS, INC. 12,180.35 RECREATION MGMT SOFTWARE TRAINING 09/14/2017 WARMINGTON RESIDENTIAL 20,000.00 REFUND CASH COMPLETION BOND Payments Issued 9/14/2017 Total: 3,043,468.42 09/22/2017 CAL PERS 70,875.20 PERS RETIREMENT PLAN: PE 9/15/17 09/22/2017 CAL PERS HEALTH PREMIUM 122,654.68 HEALTH INSURANCE PREMIUM - OCT 2017 09/22/2017 DELTA DENTAL OF CALIFORNIA 11,695.95 DELTA DENTAL PREMIUM - OCT 2017 09/22/2017 EMPLOYMENT DEVELOPMENT DEPT 16,440.98 CA STATE WITHHOLDING: PE 9/15/17 09/22/2017 I C M A 401 PLAN 870.00 DEFERRED COMP 401A: PE 9/15/17 09/22/2017 I C M A 457 PLAN 25,162.55 DEFERRED COMP 457: PE 9/15/17 09/22/2017 INTERNAL REVENUE SERVICE 60,138.22 FEDERAL WITHHOLDING: PE 9/15/17 09/22/2017 US BANK - PARS 4,646.83 PARS: PE 9/15/17 09/22/2017 VISION SERVICE PLAN - (CA) 1,266.26 VISION INSURANCE PREMIUM - OCT 2017 09/22/2017 WAGEWORKS, INC. 5,237.67 WAGEWORKS 2017: PE 9/15/17 Payments Issued 9/22/2017 Total: 318,988.34 09/28/2017 ABAG, ASSOC BAY AREA GOVMT 274.00 INSURANCE CLAIM EXPENSE 320,312.21 INSURANCE PREMIUMS FY17-18 Check Total: 320,586.21 09/28/2017 ADVANCED INTEGRATED PEST 945.00 PEST CONTROL SERVICES AUG 2017 09/28/2017 ALAMEDA COUNTY ENVIRONMENTAL 3,543.00 CIVIC CENTER HAZMAT FILING FEES 834.00 HAZMAT FILING FEE F/S #17 834.00 HAZMAT FILING FEE F/S #18 Check Total: 5,211.00 09/28/2017 ANANTHAN, STEFANIE 14.45 MILEAGE REIMBURSEMENT MAR 2017 09/28/2017 BAY AREA NEWS GROUP 126.42 LEGAL NOTICES AUG 2017 09/28/2017 BLUE SKY PRIVATE SECURITY 2,575.00 SPLATTER FESTIVAL SECURITY SERVICES 09/28/2017 BPXPRESS -46.00 CREDIT PRINTING SVCS-SHANNON CTR PARKING LOT 4.6.a Packet Pg. 51 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - S e p t e m b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r S e p t e m b e r 2 0 1 7 ) Print Date: 10/03/2017 City of Dublin Page 1 of 10 Payment Issuance Report Payments Dated 9/1/2017 through 9/30/2017 Date Issued Payee Amount Description 352.64 PRINTING SERVICES-SHANNON CTR PARKING LOT Check Total: 306.64 09/28/2017 CASTRO VALLEY PERFORMING ARTS 270.00 REC CLASS INSTRUCTOR 09/28/2017 CENTENO, CAMILLE 16.69 MILEAGE REIMBURSEMENT AUG 2017 09/28/2017 CHATMAN, LIDA 32.60 REC CLASS REFUND 09/28/2017 CHINN, AVA YEE 468.00 REC CLASS INSTRUCTOR 09/28/2017 CLARY, MARVA 5.00 REC CLASS REFUND 09/28/2017 COIT SERVICES, INC. 734.00 CARPET CLEANING SVCS SHANNON CENTER 09/28/2017 CONTECH ENGINEERED SOLUTIONS 51,470.95 STORM DRAIN TRASH CAPTURE DEVICES 09/28/2017 DARLING INGREDIENTS INC. 274.71 GREASE TRAP SERVICING-SENIOR CENTER 09/28/2017 DEHARRIS, CONSUELO 48.00 RECREATION REFUND 09/28/2017 DENALECT ALARM COMPANY 306.00 QUARTERLY ALARM CHARGE FS#18 SEP-NOV 2017 09/28/2017 DIZON, EUNICE 112.00 REC CLASS REFUND 09/28/2017 DUBLIN PARTNERS IN EDUCATION 725.00 REFUND DEPOSIT SHANNON CENTER RENTAL 09/28/2017 DUBLIN SAN RAMON SERVICES 27,180.00 JORDAN RANCH ZONE 7 PERMIT FEES 09/28/2017 DUBLIN TOYOTA 30,195.95 CITY POOLED VEHICLE PURCHASE 09/28/2017 EVERYTHING GROWS INTERIOR 135.00 PLANT SERVICE SEP 2017 09/28/2017 FEDEX 94.62 EXPRESS SHIPPING 09/28/2017 FEHR & PEERS 950.00 BIKE & PED IMPROVEMENTS DESIGN AMADOR PLAZA 09/28/2017 FIRST CARBON SOLUTIONS 1,000.00 PLANNING SERVICES-IKEA PROJECT EIR 09/28/2017 FUN WITH ACADEMICS, LLC 715.20 FUN WITH SCIENCE AND ENGINEERING 286.20 REC CLASS INSTRUCTOR Check Total: 1,001.40 09/28/2017 HARRIS & ASSOCIATES 425.00 CONSTRUCTION MANAGEMENT AQUATIC COMPLEX 10,448.57 CITY-WIDE TRAFFIC INDEX STUDY FOR ROADWAY DESIGN Check Total: 10,873.57 09/28/2017 HDL COREN & CONE 1,583.59 PROPERTY TAX CONSULTING SERVICES JUL-SEP 2017 09/28/2017 HEATH SATOW SCULPTURE 24,600.00 FALLON PARK PUBLIC ART SCULTURE 09/28/2017 HUBBARD CHEVROLET 32,055.12 POLICE VEHICLE REPLACEMENT 09/28/2017 INDEPENDENT, THE 680.50 SPLATTER ADVERTISEMENTS 09/28/2017 KASSAB, ZINA 600.00 REC CLASS INSTURCTOR 09/28/2017 KEENEY, CARL 500.00 REFUND DEPOSIT SHANNON CENTER RENTAL 09/28/2017 LESLIE'S POOLMART, INC. 174.23 POOL CHEMICALS FOR THE WAVE 09/28/2017 LIU, WINNIE 360.00 REC CLASS REFUND 09/28/2017 MANAGEMENT PARTNERS INC. 5,400.00 CITY MANAGER EVALUATION SERVICES 09/28/2017 MCE CORPORATION 483,870.77 BUILDING MAINTENANCE AUG 2017 09/28/2017 MERRILL, HOWARD 18.00 SENIOR CENTER VAN DRIVER MEAL REIMBURSEMENT 09/28/2017 MICHAEL BAKER INT'L, INC. 5,249.75 HOUSING ASSISTANCE BMR PROGRAM ADMIN 1,611.25 HOUSING ASSISTANCE BMR RENTAL HSG POLICIES Check Total: 6,861.00 09/28/2017 MOORE MEDICAL LLC 261.87 FIRST AID SUPPLIES - THE WAVE 09/28/2017 NORCAL MUNI HR MGRS GROUP 200.00 MUNI HR DIRECTORS GROUP FALL CONF REG-CARTER 09/28/2017 NOVANI, LLC. 4,829.00 WINDOWS SERVER LICENSE RENEWALS 09/28/2017 PG&E 6,094.99 SERVICE TO 8/14/17 09/28/2017 PRECISION CONCRETE CUTTING 13,229.40 SIDEWALK REPAIR SERVICES 09/28/2017 QUENCH USA, INC. 895.86 WATER FILTER SYSTEM SERVICES 09/28/2017 R & S ERECTION OF CONCORD INC. 512.80 DOOR REPAIR F/S 18 09/28/2017 RAYNE OF SAN JOSE 144.65 WATER SOFTENER SERVICES F/S 16 163.80 WATER SOFTENER SERVICES F/S 17 121.80 WATER SOFTENER SERVICES F/S 18 4.6.a Packet Pg. 52 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - S e p t e m b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r S e p t e m b e r 2 0 1 7 ) Print Date: 10/03/2017 City of Dublin Page 1 of 10 Payment Issuance Report Payments Dated 9/1/2017 through 9/30/2017 Date Issued Payee Amount Description Check Total: 430.25 09/28/2017 ROTO ROOTER 378.11 PLUMBING SERVICES AT THE WAVE 09/28/2017 SUGAR N SPICE 110.00 CREEK CLEANUP SUPPLIES 09/28/2017 TRI-VALLEY COMMUNITY TV 1,100.07 RECORD & TELEVISE CITY COUNCIL MEETINGS 09/28/2017 TRI-VALLEY JANITORIAL INC. 19,489.00 JANITORIAL SERVICES AUG 2017 09/28/2017 VALI COOPER & ASSOCIATES INC 26,400.00 ANNUAL STREET RESURFACING PROJ INSPECTION SVCS 09/28/2017 WEISS, ROBIN S. 609.00 REC CLASS INSTRUCTOR 09/28/2017 WESTERN PACIFIC SIGNAL LLC 1,560.64 EQUIPMENT UPGRADE BIKE DETECTION DEVICES 2,749.86 BACK-UP TRAFFIC SIGNAL CONTROLLER Check Total: 4,310.50 Payments Issued 9/28/2017 Total: 1,091,212.27 09/29/2017 UNUM LIFE INS CO OF AMERICA 10,609.43 LIFE AND AD&D PREMIUM - OCTOBER 2017 Payments Issued 9/29/2017 Total: 10,609.43 Grand Total for Payments Dated 9/1/2017 through 9/30/2017: 11,608,135.12 Total Number of Payments Issued: 243 4.6.a Packet Pg. 53 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - S e p t e m b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r S e p t e m b e r 2 0 1 7 ) Page 1 of 5 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Fiscal Year 2016-17 4th Quarter Financial Review Prepared by: Colleen Tribby, Director of Administrative Services EXECUTIVE SUMMARY: The City Council will receive a financial report on the fourth quarter of Fiscal Year 2016 - 17 and consider amendments to General Fund reserve designations. STAFF RECOMMENDATION: Receive the report and confirm General Fund reserve designations as of June 30, 2017. FINANCIAL IMPACT: City Council confirmation of reserve designations will not alter amounts received or spent, but will allow Staff to close the Fiscal Year 2016 -17 financial books. Total General Fund reserves are projected at $122.4 million at June 30, 2017, with $38.0 million in the unassigned cash flow reserve, representing 5.4 months of the Fiscal Year 2017-18 Adopted Budget. It should be noted that this is above the target of 4.0 months in cash flow reserve, and the City Council has discretion to make additional reserve designations allowable by the City’s Fund Balance and Reserves Policy. All balances in other funds are in compliance with the Policy. DESCRIPTION: This report transmits the preliminary financial results of the Fiscal Year 2016-17 year- end, focusing on the General Fund. At this time, the numbers are essentially final, and though adjustments may happen as the audit is finalized, Staff does not expect substantial changes from the numbers in this report. The Comprehensive Annual Financial Report, which will be presented to the City Council at its second meeting in December 2017, will contain the final audited results. General Fund Overview General Fund revenues came in at $84.0 million ($4.1 million over budget) in FY 2016- 17, while expenditures totaled $66.2 million ($4.3 million under budget). Transfers from 4.7 Packet Pg. 54 Page 2 of 5 the General Fund to Capital Improvement Project Funds totaled $5.5 million. There was also a one-time adjustment (a $1.1 million decrease) to accrued expenditures. The resulting impact on total General Fund Reserves was an increase of $13.2 million, as shown in Table 1. Table 1: Total Reserves FY 2015-16 FY 2016-17 Total Reserves, Beginning of Year $97,706,495 $109,184,026 Total Revenue 82,935,416 83,950,420 Total Expenditures (69,048,878) (66,244,975) Total Transfers to CIP Projects (2,409,006) (5,542,414) Adjustment to Accrued Expenditures 1,069,534 Total Reserves, End of Year $109,184,026 $122,416,591 Change $13,232,565 In June 2017, based on estimated revenues and expenditures at that time, the City Council designated $1.3 million of the estimated year-end surplus to specific Committed Reserves, and confirmed $7.9 million in allocations to Assigned Reserves (the largest of which was $5.2 million for the Chevron Debt Payoff). These designations, as well as reserve allocations for budget carryovers and for set asides required by accounting rules and/or City policy, have been incorporated into the General Fund Reserve Balances (Attachment 2). In addition, Staff is recommending the following changes, which require City Council approval: 1. Within the Committed Reserves category: a. Increase the Public Safety Reserve by $600,000, for a total of $1.6 million set aside for future enhancements to Police Services. b. Increase the Economic Development Reserve by $1 million for a total of $2 million for future efforts in this area. c. Increase the Storm Drain Trash Capture Reserve by $243,251 to match the remaining project budget. 2. Within the Assigned Reserves category: a. Increase the Catastrophic Loss Reserve by $2,550,000 to account for the addition of The Wave to the City’s assets. This is based on 15% of the construction value of $34 million, phased in over two years ($5.1 million attributed to The Wave by Fiscal Year 2017-18 year end). This reserve may be adjusted further as the financial books are finalized. b. Increase the Pension Rate Stabilization Plan Reserve by $500,000, in addition to the $1.5 million allocated here by the City Council in June. c. Increase the HVAC Replacement Reserve by $500,000 in addition to the $500,000 allocated here by the City Council in June. This would bring total HVAC funding to approximately $2.8 million ($2 million in the General Fund and $833,000 in the Equipment Replacement Fund). d. Set up a new Assigned Reserve for Façade Improvement Grants, with $250,000 from funds that have been budgeted over the last several years but not yet utilized. 4.7 Packet Pg. 55 Page 3 of 5 With approval of the recommendations above, the Unassigned Cash Flow Reserve, estimated at $38.0 million (or 5.4 months of the Fiscal Year 2017-18 Adopted Budget), is above the reserve target as provided for in the City Policy. However, Staff is not recommending any additional allocations from that reserve, pending the City Council’s strategic planning session scheduled for February 2018 and the recommendations from the Fiscal Sustainability Task Force, anticipated in early 2018 . The table below illustrates the General Fund Cash Flow coverage over the last five years. Table 2: Five-Year General Fund Cash Flow Coverage The following is a discussion of the major factors in budgetary variances (+/- $250,000) that occurred in Fiscal Year 2016-17. The General Fund Summary (Attachment 1) presents this data by major category. Revenue Property Tax: $876,848 higher than budget. Property taxes in Fiscal Year 2016-17 saw an increase in net assessed valuation (AV) by $1.1 billion (9.1%) over the prior year, which was the second largest percentage growth in Alameda County, after Newark’s 9.8% growth. Sales Tax: $664,881 lower than budget. While total Sales Tax came in $648,216 (3.2%) higher than Fiscal Year 2015-16, the growth that was planned for in the budget did not occur. Specifically, the Autos and Transportation sector grew only 2.4% over the prior year, adding just $155,815 to Sales Tax revenues, after three years of average annual growth of 7.8%. Moreover, the majority of the growth in Fiscal Year 2016-17 occurred in the third quarter of 2016, followed by two quarters of flat revenue, and a final quarter that reflected a loss of 7.9% ($133,241). The Building and Construction sector also grew 2.4% ($101,231) for the year, compared to 7.0% the prior year. Staff will continue to closely monitor Sales Tax and adjust the 10-Year Forecast accordingly. Development Revenue: $1,372,236 higher than budget. Development Permits includes all permits associated with new development (primarily building permits), as well as tenant improvements on current structures. Development Services includes fees for City services provided, most typically Zoning and Plan Checking services. The net increase in these revenue streams is related to development activity that had been originally anticipated to occur over the course of the next few fiscal years. Other Taxes: $969,545 higher than budget. The majority of the increase in this category comes from an increase in Property Transfer Tax ($464,805), linked to increased home sales and AV. In addition, hotel occupancy and room rates brought Transient Occupancy Tax revenue in $198,493 over budget; and Garbage franchise fee revenue came in $227,372 above budget due to expanded services and the incorporation of the annual rate adjustment. 4.7 Packet Pg. 56 Page 4 of 5 Interest: $446,062 higher than budget. Interest earnings reflect the health of the economy and the strategies used by Chandler Asset Management in managing the City’s portfolio. Charges for Services: $368,858 higher than budget. The City received $289,977 in revenue above the budgeted amount in reimbursement for services provided by Alameda County Fire Services at the Santa Rita Jail. The remainder of the variance was spread across all other revenues in this category, including fire inspection services and waste management administration fees. Other Revenue: $391,483 higher than budget. This increase is due primarily to a $250,000 developer contribution towards the Dublin Historic Park, which was set aside in the Restricted Reserve for this purpose. General reimbursements from a variety of sources were also higher than budgeted. Expenditures Salaries and Wages: $677,910 lower than budget. Staff costs came in lower than budgeted due to vacant positions and budgeting practices for new hires. Benefits: $567,084 lower than budget. This budget variance is due to vacant positions and the fact that health insurance rates came in $306,419 lower than budgeted in Fisca l Year 2016-17. Services and Supplies: $841,587 lower than budget. This variance occurred primarily in fuel costs, linked to lower gas prices, advertising services for The Wave, and lower training costs related to vacancies and the timing of new hires. Staff out-of-state travel during the fourth quarter included the Mayor’s attendance at the US Mayors Conference in Miami Beach, Florida in June 2017. Utilities: $450,319 lower than budget. The City realized savings again this year in both potable and recycled water budgets, and received higher-than-budgeted solar rebates throughout the year. Contracted Services: $3,157,618 lower than budget. Of the remaining budgets for contracted services, $1,193,397 has been carried forward to be utilized in the curre nt fiscal year. The largest carryover is $612,351 for the true-up of Police Services – Dispatch costs, which occurs each year after the books are closed. Contingency: $515,064 lower than budget. This savings resulted from not using Non- Departmental budgeted contingency funds. Transfers Out for Capital Improvement Projects The General Fund transferred out $5.5 million in Fiscal Year 2016-17 for capital project expenditures, the largest of which was the $3.0 million contribution to The Wave, followed by $1.8 million for Fallon Sports Park Phase II. Both of those transfers were covered by Committed Reserves. 4.7 Packet Pg. 57 Page 5 of 5 General Fund Reserve Balances After transfers out to CIP projects, total reserves increased $13.2 million in FY 2016-17. Table 3 summarizes how those funds are allocated among reserve categories. Some of the reserve shifts occur for accounting purposes or are dictated by the Fund Balance and Reserves Policy, while the other shifts are based on City Council approval and/or Staff recommendation. Attachment 2 provides the detail of these allocations. Table 3: Summary of Reserve Changes Summary As discussed in this report, General Fund surpluses over the last several years have allowed the City to bolster essential reserves that help the City prep are for unforeseen events and economic downturns. However, rising contracted service costs, unsustainable annual growth in ongoing operating revenue (Property Tax and Sales Tax revenues), and the inevitable decline in development revenue call for increased vigilance in revising the City’s long-term financial plan. Staff will continue to focus on providing the City Council with accurate, up-to-date information throughout the budget year. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. General Fund Summary, 4th Quarter 2016-17 2. General Fund Reserves Summary 4.7 Packet Pg. 58 GENERAL FUND SUMMARY ATTACHMENT 1 FY 2016-17 4TH QUARTER Actual 2015-16 Adopted 2016-17 Amended 2016-17 Actual 2016-17 $ Change from Budget % Change $ Change from PY % Change Revenues Property Taxes 33,598,601 35,182,061 36,087,937 36,964,785 876,848 2.4%3,366,184 10.0% Sales Taxes (1)20,938,826 20,666,260 20,666,260 20,001,379 (664,881) -3.2%(937,446) -4.5% Development Revenue 10,562,963 8,568,899 10,978,502 12,350,738 1,372,236 12.5%1,787,775 16.9% Other Taxes 6,606,016 5,465,000 5,865,000 6,834,545 969,545 16.5%228,529 3.5% Licenses & Permits 310,286 292,140 292,140 318,981 26,841 9.2%8,695 2.8% Fines & Penalties 116,016 109,932 109,932 94,205 (15,727) -14.3%(21,811) -18.8% Interest Earnings 1,068,351 465,880 840,880 1,286,942 446,062 53.0%218,591 20.5% Rentals and Leases 1,114,747 1,033,488 1,033,488 1,117,593 84,105 8.1%2,845 0.3% Intergovernmental 324,075 198,618 198,618 258,508 59,890 30.2%(65,567) -20.2% Charges for Services 5,396,964 4,838,466 4,905,866 5,274,724 368,858 7.5%(122,240) -2.3% Community Benefit Payments 424,000 100,000 550,000 699,000 149,000 27.1%275,000 64.9% Other Revenue 604,944 256,344 519,078 910,561 391,483 75.4%305,617 50.5% Total Revenues 81,065,789 77,177,088 82,047,701 86,111,961 4,064,259 5.0%5,046,172 6.2% Unrealized Gains/Losses 1,869,627 (2,161,541) Total Revenues 82,935,416 77,177,088 82,047,701 83,950,420 1,902,718 2.3%1,015,004 1.2% Expenditures Salaries & Wages 9,437,426 11,100,241 11,065,241 10,387,331 (677,910) -6.1%949,905 10.1% Benefits 4,172,485 5,707,982 5,976,982 5,409,898 (567,084) -9.5%1,237,413 29.7% Services & Supplies 1,875,458 2,946,394 2,919,392 2,077,805 (841,587) -28.8%202,347 10.8% Internal Service Fund Charges 2,637,354 3,065,342 3,040,284 3,040,296 12 0.0%402,942 15.3% Utilities 1,723,204 2,248,261 2,243,857 1,793,538 (450,319) -20.1%70,334 4.1% Total Contracted Services *39,869,473 43,297,583 45,757,765 42,600,147 (3,157,618) -6.9%2,730,674 6.8% Capital Outlay 133,477 719,801 1,172,805 935,960 (236,845) -20.2%802,483 601.2% Contingency - 989,112 515,064 - (515,064) -100.0%- Subtotal Expenditures 59,848,878 70,074,716 72,691,390 66,244,975 (6,446,415) -8.9%6,396,097 10.7% Contribution to OPEB/PERS 9,200,000 Total Expenditures 69,048,878 70,074,716 72,691,390 66,244,975 (6,446,415) -8.9%(2,803,903) -4.1% Operating Impact 13,886,538 7,102,372 9,356,311 17,705,444 One Time Adjustment for Accruals 1,069,534 Transfers Out (2,409,006) (759,510) (9,074,188) (5,542,414) Impact on Total Reserves 11,477,531 6,342,862 282,123 13,232,565 TOTAL RESERVES 109,184,026 122,416,591 1) FY 2015-16 Sales Tax included a final triple flip payment. * Contracted Services Detail Actual 2015-16 Adopted 2016-17 Amended 2016-17 Actual 2016-17 $ Change from Budget % Change $ Change from PY % Change Police Services 15,868,735 17,055,970 17,167,881 16,245,666 (922,215) -5.4%376,930 2.4% Fire Services 11,046,058 11,950,705 11,950,705 11,788,015 (162,690) -1.4%741,957 6.7% Maintenance Services (MCE)3,997,800 4,296,214 4,611,915 4,484,851 (127,064) -2.8%487,051 12.2% Development (Reimbursable)2,775,306 2,295,394 2,927,063 2,700,966 (226,097) -7.7%(74,340) -2.7% Development (Not Reimburseable)1,804,082 2,276,432 4,965,640 4,649,928 (315,712) -6.4%2,845,846 157.7% Other Contracted Services 4,377,491 5,422,868 4,134,561 2,730,721 (1,403,840) -34.0%(1,646,770) -37.6% Total Contracted Services 39,869,473 43,297,583 45,757,765 42,600,147 (3,157,618) -6.9%2,730,674 6.8% 4.7.a Packet Pg. 59 At t a c h m e n t : 1 . G e n e r a l F u n d S u m m a r y , 4 t h Q u a r t e r 2 0 1 6 - 1 7 ( F i s c a l Y e a r 2 0 1 6 - 1 7 4 t h Q u a r t e r F i n a n c i a l R e v i e w ) GENERAL FUND RESERVES SUMMARY ATTACHMENT 2 FY 2016-17 DESIGNATIONS Reserve Balances Actual 2015-16 Increase 2016-17 Decrease 2016-17 NET CHANGE Projected 2016-17 Non-Spendable 669,880 - (471,005) (471,005) 198,875 Prepaid Expenses 39,262 - 39,262 Advance to Public Facility Fees - - - Advance to Fire Impact Fee 80,672 (80,672) (80,672) - Advance to PERS Side Fund 549,946 (390,333) (390,333) 159,613 Restricted 639,000 1,123,000 - 1,123,000 1,762,000 Heritage Park Maintenance 500,000 250,000 250,000 750,000 Cemetery Endowment 60,000 - 60,000 Developer Contr - Downtown - 873,000 873,000 873,000 Developer Contr - Nature Pk 60,000 - 60,000 Developer Contr - Heritage Pk 19,000 - 19,000 Committed 38,928,756 3,173,924 (5,888,964) (2,715,040) 36,213,716 Economic Stability 8,000,000 - 8,000,000 Public Safety Reserve 1,600,000 1,600,000 1,600,000 Downtown Public Impr 1,000,000 (547,830) (547,830) 452,170 Economic Development 1,000,000 1,000,000 1,000,000 2,000,000 Emergency Communications 741,000 - 741,000 Fire Svcs OPEB 3,004,000 330,672 330,672 3,334,672 Innovations & New Opport 2,122,785 (309,377) (309,377) 1,813,408 One-Time Initiative 1,341,408 - 1,341,408 Specific Committed Reserves Emerald Glen Aquatic Complex 3,000,000 (3,000,000) (3,000,000) - Maintenance Facility 215,101 (139,069) (139,069) 76,033 Cemetery Expansion 5,272,210 - 5,272,210 Fallon Sports Park 2,000,000 (1,800,000) (1,800,000) 200,000 Civic Ctr Expansion 27,773 (5,027) (5,027) 22,746 Storm Drain Trash Capture 546,878 243,251 (67,931) 175,320 722,198 Shannon Center Parking Lot 987,410 (19,730) (19,730) 967,680 Utility Undergrounding 1,170,190 - 1,170,190 Advance to Public Facility Fee 6,000,000 - 6,000,000 Dublin Sports Ground 2,500,000 - 2,500,000 Assigned 39,078,695 14,677,696 (3,629,584) 11,048,113 50,126,808 Accrued Leave 988,708 9,527 9,527 998,235 Operating Carryovers 1,612,658 1,240,217 (1,612,658) (372,441) 1,240,217 CIP Carryovers 1,227,829 1,739,331 (1,227,829) 511,502 1,739,331 Non-Streets CIP Commitments 3,879,516 - 3,879,516 Catastrophic Loss 11,368,531 2,550,000 2,550,000 13,918,531 Service Continuity 3,000,000 150,000 150,000 3,150,000 Pension Rate Stabilization Plan 2,000,000 2,000,000 2,000,000 Chevron Debt Payoff 5,238,622 5,238,622 5,238,622 Pension & OPEB 10,614,353 - 10,614,353 Fiscally Responsible Adj 325,000 - 325,000 Municipal Regional Permit 2,250,000 (379,970) (379,970) 1,870,030 HVAC Replacement 1,000,000 1,000,000 1,000,000 2,000,000 Relocate Parks Dept 250,000 - 250,000 Specific Assigned Reserves Civic Ctr Renovation-Police 1,962,100 - 1,962,100 Façade Improvement Grants 250,000 250,000 250,000 Contribution to ISF 500,000 500,000 500,000 Fire Equipment Replacement 600,000 (409,127) (409,127) 190,873 Unassigned 29,867,695 9,989,553 (5,742,055) 4,247,497 34,115,193 Unassigned-Unrealized Gains (2,197,354) 249,182 (1,912,359) (1,663,177) (3,860,531) Unassigned (Available)32,065,049 37,975,723 TOTAL RESERVES 109,184,026 28,964,173 (15,731,608) 13,232,565 122,416,590 4.7.b Packet Pg. 60 At t a c h m e n t : 2 . G e n e r a l F u n d R e s e r v e s S u m m a r y ( F i s c a l Y e a r 2 0 1 6 - 1 7 4 t h Q u a r t e r F i n a n c i a l R e v i e w ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Revisions to the Personnel System Prepared by: Angelica Smith, Management Analyst II EXECUTIVE SUMMARY: The City Council will consider proposed changes to the City’s current Personnel System. The proposed adjustments are based on the need to revise the City’s Benefit Plan, Classification Plan and Salary Plan. STAFF RECOMMENDATION: Adopt the Resolution Amending the Benefit Plan; adopt the Resolution Amending the Classification Plan; and, adopt the Resolution Amending the Salary Plan for Full-Time Personnel. FINANCIAL IMPACT: Sufficient funding was adopted in the Fiscal Year 2017-2018 budget for the proposed revisions. DESCRIPTION: AMENDMENT TO THE BENEFIT PLAN The City currently contracts with the California Public Employees’ Retirement System (CalPERS) for the provision of health benefits as do a number of other public agencies. During the Fiscal Year 2015-2016 health and welfare benefit discussions, City employees agreed to the City Council’s proposal to increase the City’s current health contribution by no more than the difference in the CalPERS Kaiser Family premiums not to exceed $100.00 per month. Based on the agreed increase, the City will increase its contribution from $1,680.00 to $1,780.00 per month effective January 1, 2018. The City Council is being asked to amend the City’s Benefit Plan establishing the City’s maximum medical insurance contribution at $1,780.00 per month effective January 1, 4.8 Packet Pg. 61 Page 2 of 3 2018 (Attachment 1). Premium adjustments in future years will require the adoption of similar Resolutions based on the agreed formula and yet to be determined monthly premiums. Sufficient funds have been established by the adoption of the Fiscal Year 2017 -18 Budget to cover City paid health and welfare benefits. AMENDMENT TO THE CLASSIFICATION PLAN Pursuant to the City’s Personnel System Rules, a job description must be adopted for each classification in the organization. A job description typically includes key elements, knowledge, skills, abilities and requirements of the position. All the City’s job descriptions make up the City’s Classification Plan. The City Council is being a sked to approve the addition of a Budget Analyst classification, as well as approve revisions to the Management Analyst I and Network Systems Coordinator descriptions to address current and future organizational requirements. (Attachment 2). The addition of a Budget Analyst classification will allow for a dedicated position to focus specifically on budget, and perform complex research and analytical work in support of the City Council’s strategic initiatives and long-term goals. The Budget Analyst replaces a vacant position in the adopted Position Allocation Plan and will not impact the approved budget for Fiscal Year 2017 -18. The City Council is also being asked to make modifications to existing job descriptions. The revisions to the Management Analyst I (MAI) description provide clarification of duties and tasks performed to include oversight and management of City contracts. The changes proposed to the MAI description provides greater flexibility for incumbents to accomplish a broader range of tasks and/or assignments in specialized areas within the City’s organization. Revisions to the existing Network System Coordinator classification bring this classification up-to-date with changes in technology definitions. The proposed modifications support recommendations from a consultant staffing report, to address current and future information and technology staffing needs, including skills-sets needed to provide better support of Department software programs. If approved by the City Council, the abo ve changes to the Classification Plan will be effective October 17, 2017. AMENDMENT TO THE SALARY PLAN Included in the City’s Personnel System are Resolutions that address salary ranges for full- and part-time personnel. The attached Resolution (Attachment 6) is a proposed amendment to the City’s Salary Plan for Full-Time Personnel for the inclusion of the Budget Analyst job classification. The salary range for the Budget Analyst exempt classification is based on comparable positions in similar agencies and benched with 4.8 Packet Pg. 62 Page 3 of 3 City classifications with related job scope and requirements to establish pay equity within the City’s Salary Plan. As proposed the monthly salary range is $8,686 - $10,857. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Resolution Amending the Benefit Plan 2. Resolution Amending the Classification Plan 3. Exhibit A to Resolution Amending the Classification Plan 4. Exhibit B to Resolution Amending the Classification Plan 5. Exhibit C to Resolution Amending the Classification Plan 6. Resolution Amending the Salary Plan for Full-Time Personnel 4.8 Packet Pg. 63 ATTACHMENT 1 RESOLUTION NO. XXX –17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE BENEFIT PLAN WHEREAS, the Personnel System Rules requires the City Council to adopt a Benefit Plan; and WHEREAS, the Benefit Plan prescribes the current benefits provided to employees by the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby amend Resolution 109-15 and subsequent amendments to include the following: Section 7. Flexible Benefits: e. Beginning with the January 1, 2018 premium, eligible employee shall receive up to $1,780 per month toward the premium cost for CalPERS health insurance based on the employee’s annual plan election less the amount of any contribution provided by the City directly to CalPERS under Government Code Section 22892. Section 11. Retiree Health Reimbursement Arrangement (HRA): b. Beginning with the January 1, 2018 CalPERS premium, eligible CalPERS annuitants under the City of Dublin’s CalPERS Health contract shall receive reimbursement up to $1,780 per month toward the cost of CalPERS health insurance premiums. Reimbursement is provided in the forms of cash to the eligible CalPERS annuitant on a monthly basis based on the CalPERS annuitants annual election less the amount of any contribution provide by the City directly to CalPERS under Government Code Section 22892. In no event, shall the City’s total reimbursement exceed the amount described in this section. PASSED, APPROVED AND ADOPTED this 17th day of October, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.8.a Packet Pg. 64 At t a c h m e n t : 1 . R e s o l u t i o n A m e n d i n g t h e B e n e f i t P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) ATTACHMENT 2 RESOLUTION NO. XXX – 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE CLASSIFICATION PLAN WHEREAS, in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 30-84 and subsequent resolutions which comprise the Classification Plan; and WHEREAS, it is necessary to periodically add job descriptions to the Classification Plan. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall be amended to add the following positions: Budget Analyst (Exhibit A) NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall further include changes to the following amended position(s): Management Analyst I (Exhibit B) Network Systems Coordinator (Exhibit C) BE IT FURTHER RESOLVED that this document shall become a part of the official Classification Plan for the City of Dublin; and that the changes contained herein shall be effective October 17, 2017. PASSED, APPROVED AND ADOPTED this 17th day of October, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.8.b Packet Pg. 65 At t a c h m e n t : 2 . R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT A 1 Date Adopted: October 17, 2017 Date Revised: Title: Budget Analyst FLSA: EXEMPT General Purpose: Under the direction of the City Manager or designee, the Budget Analyst develops, prepares, and coordinates the annual City-wide budget, five-year capital improvement program and the five- year financial documents; administers performance based budget systems; and recommends financial policies and procedures to ensure compliance with Council adopted fiscal initiatives, programs and objectives. Performs related and other work as required, all within the context of the City’s mission, vision and goals. Distinguishing Characteristics: The Budget Analyst position is a single job classification providing highly responsible and complex staff assistance to the City Manager and/or his/her designee. This classification has internal control over program activities and provides fiscal oversight for citywide operating budgets and the capital improvement program budget. Incumbents in this classification have a broad range of independence within policy and procedural limitations and work under minimal supervision. The incumbent is accountable to the City Manager for the quality and efficiency of services directed. While the general parameters of the job are defined, the employee is expected to select and put into effect work procedures and practices which will lead to the effective and efficient accomplishment of citywide goals and objectives. Recommendations on the improvement of City’s budget process and activities are expected. Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Working closely with the City Manager, coordinates the preparation of citywide operating budgets; provides procedures, requirements, instructions, and schedules for budget input and preparation; directs and implements modifications to budget, payroll, position control, and financial systems; participates on citywide task forces and the Budget Review Team. Prepares and coordinates a five-year financial plan for operating departments, general fund, special revenue funds, internal service funds, capital project funds, and other agency funds. 4.8.c Packet Pg. 66 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT A 2 Prepares citywide summary of fund balance by fund and five-year citywide summary of expenditures and revenue by fund. Recommends corrective actions for resolution of budget performance issues. Develops and balances a position control system that provides salary and benefit cost analysis information for all personnel; incorporates position control into budget documents and projects impacts on the five-year financial plan. Recommends change to departmental policies and procedures, systems, and standards; participates in organization, staffing, and related management activities. Oversees program staff during budget preparation; establishes work priorities and schedules; negotiates, schedules, and monitors contracted services. Consult with Department Directors regarding budget issues and provides training in budget development procedures. Reviews and approves expenditures within budget guidelines. Monitors financial data collection systems. Promotes the City’s Mission to make Dublin a city of the highest quality by providing responsive, cost-effective, and innovative government services; understands and subscribes to the Vision and Values Statement adopted by the City Council. Establish procedures for budget control, transfers and revisions; prepare budget preparation procedures, schedules, forms and instructions for management use in budget processes. Oversees the preparation and coordination of grant applications; obtain and calculate information and data necessary to accurately and effectively apply. Administer financial aspects of contracts and grant programs; prepare reports and claims for grant programs; maintain records and monitor regulations, requirements, and reporting procedures necessary for the continuation of monetary disbursements; initiate necessary correspondence and change orders. Coordinate department operating budgets; provide information, analysis and financial policy consultation services for departments related to budget preparation activities and other fiscal issues. Conduct audits of financial records and procedures; audit accounts, projects, procedures, grants, contracts, departmental budgets and balance sheet accounts; recommend corrective action as appropriate. Maintains and controls the adopted budget; review departmental and other assigned budgets; recommend mid-year adjustments and approaches to balancing budgets. 4.8.c Packet Pg. 67 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT A 3 Coordinate assigned activities with other City departments, divisions and sections, and with other employees. Participate in budget hearings; advertise hearings; prepare materials, charts and graphics for budget hearings and workshops. Participate in the establishment of computer budget file; consult with information systems personnel to accomplish needed changes in systems and programs. Prepare financial and budget related reports and analyses; perform special studies and analysis as required. Performs related duties as assigned. Minimum Qualifications: Knowledge of: Principles and practices of public sector budgeting, financial analysis, and accounting; Computerized financial systems; Principles and practices of public administration; Financial management, preferably including governmental accounting, financial reporting and budgeting practices; Functioning and processes of municipal or other local government; Principles and practices of organization, management, and supervision; Customer service techniques. Ability To: Communicate effectively with City staff, the public, and contractors, including preparing/presenting financial reports; Analyze complex and sensitive funding and performance issues and negotiate resolutions; Understand, interpret, and apply appropriate policies, regulations, and procedures; Establish and maintain cooperative relationships with those contacted in the course of work; Prepare complex financial reports and analyses; Analyze and interpret federal state, and local laws, rules and regulations pertaining to local governmental operations; 4.8.c Packet Pg. 68 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT A 4 Conceive and effectively propose or suggest solutions to budgetary needs and problems; Communicate clearly and concisely, orally, and in writing; Gather, organize, process and analyze data concerning a variety of problems; Perform administrative and technical research. Physical Standards: The physical standard described is representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; hand writing and use of keyboard to communicate; see small text and numbers; intermittently move equipment and/or supplies weighing 20 pounds or less. The employee is frequently required to, bend and twist to reach files, perform simple grasping and fine manipulation; walk and stand. While performing duties, the employee is regularly required to use written and oral communication skills; observe and interpret people and situations; learn and apply new information or skills; perform highly detailed work on multiple, concurrent tasks with constant interruptions; work under intensive and constantly changing deadlines and interact with those encountered in the course of work; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, media personnel, employees and the general public. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Possession of a Bachelor's Degree in Public or Business Administration, Accounting, or a related field. Master's Degree in Public or Business Administration, Accounting or a related field is desirable. Experience: Four years of increasingly responsible experience in municipal budgeting, finance or accounting, quantitative work in municipal government or related field. Supervisory and/or lead experience is desirable. Licenses; Certificates; Special Requirements: Possession of a valid California Class C drivers’ license and Certificate of Automobile Insurance for Personal Liability. 4.8.c Packet Pg. 69 At t a c h m e n t : 3 . E x h i b i t A t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT B 1 Date Adopted: October 20, 2015 Date Revised: October 17, 2017 Title: Management Analyst I FLSA: NON-EXEMPT General Purpose: The Management Analyst I is the entry level professional position. Under general direction, the Management Analyst I performs responsible administrative and analytical assignments to support the assigned department. In order to provide a broad exposure to City operations, the position will be involved in programs and projects in a generalist and/or specific capacity. Distinguishing Characteristics: Under administrative direction, this classification performs complex administrative, financial, statistical, personnel, and other management support activities for a department, including comprehensive and sensitive special projects and studies. This position receives direction from management personnel, and may receive technical and functional supervision from other administrative, professional or technical personnel. A Management Analyst I may specialize in one area or may have broader responsibility for multiple internal service functions or programs and may perform special projects related to their area of assignment. This classification is distinguished from Administrative Aide by the greater level of responsibility assumed, complexity of duties assigned, educational requirement, and more advanced level of analytical work performed with a greater level of independence. After gaining the experience and knowledge to perform the full range of journey level tasks of the Management Analyst I and fulfilling any special requirements for the journey level, the employee could reasonably expect to progress to Management Analyst II based upon the judgment of management and requires approval by the City Manager. Essential Duties and Responsibilities: Perform professional and analytical support in the administration and coordination of various departmental or divisional programs, such as budget preparation, analysis and monitoring; contract administration; development and management of grant programs and 4.8.d Packet Pg. 70 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT B 2 grant funding; coordination of department level procurement; coordination of various personnel functions; and other programs or activities as assigned; Research, evaluate, and prepare statistical, financial, demographic and operational data used in reports, studies, surveys and analyses; Prepare statistical analyses on a variety of administrative, fiscal, personnel, and operational issues; Compile materials and assist in the preparation of reports, manuals, publications and miscellaneous public information literature; Analyze and make recommendations in the development and administration of assigned program area; Maintain and track key activities and measures for assigned department; Research and monitor federal, state and local requirements for various activities to ensure compliance with established regulations; Research grant opportunities and prepare grant proposals; Prepare and submit regulatory reports; Develop and administer contracts; Prepare and review contract provisions and monitor contract compliance and performance requirements; Compile and analyze data and make recommendations on the formulation of policies and procedures and staffing and organizational changes; Assist in budget preparation and review by conducting research, analyzing and monitoring financial information and making related recommendations; Prepare recommendations on a variety of municipally-related subjects and programs; Respond to complaints and requests for information; Prepare City Council reports, resolutions and ordinances; Make staff presentations to the City Council and other governmental and community bodies; Represent departmental and City interests in interdepartmental meetings as required; 4.8.d Packet Pg. 71 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT B 3 Coordinate activities with other City departments and divisions and with outside agencies; Conduct surveys and perform routine research and statistical analyses as requested; prepare related reports; Provide professional and technical assistance in the analysis, implementation and monitoring of City contracts and programs; Monitor and coordinate the daily operation of assigned project or program area; Perform administrative and professional detail work and maintain appropriate records and statistics; Attend conferences with department Staff, committees or community groups as required. Additional Duties In addition to the duties listed in the Essential Duties section, each employee in this classification may perform the following duties. Any single position may not be assigned all duties listed below, nor do the examples cover all duties which may be assigned. Provide staff assistance to a variety of boards, commissions, and neighborhood committees; Present information to the news media; Develop control and reporting procedures and forms; Represent the City in community and professional meetings; Serve as Department/City liaison with local and regional partner organizations as required; Perform related duties as assigned. Minimum Qualifications: Knowledge of: Principles and practices of public administration; Basic statistical and analytic techniques; Methods and techniques of administrative analysis; 4.8.d Packet Pg. 72 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT B 4 Local government organization and operations, and current trends in public administration; Principles, methods, and practices of municipal budgeting, grants, contracts administration, personnel administration, state and federal funding sources, programs and procedures; Management and research techniques and procedures and methods of report presentation; Working knowledge of modern office methods, software applications related to work, forms and equipment. Ability To: Communicate clearly and concisely, orally and in writing; work effectively with community groups and organizations, members of governing bodies and committees, regulatory agencies, City staff, and the general public; Learn the operation, policies and procedures of assigned department; Prepare clear and concise written reports; Communicate clearly and concisely, both orally and in writing; Properly interpret and make decisions in accordance with laws, regulations and policies; Review and analyze organizational, administrative and fiscal issues and recommend and implement effective courses of action; Coordinate complex projects and meet established deadlines; effectively manage conflicting priorities; Perform a wide range of professional and administrative duties on behalf of management personnel with little or minimal supervision. Build and maintain positive, productive working relationships with co-workers and others contacted in the course of performing the work. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 4.8.d Packet Pg. 73 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT B 5 An employee is regularly required to, sit at desk and in meetings for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. Intermittently, twist to reach equipment surrounding desk; walk to observe department activities; bend and squat to perform file searches; perform simple grasping and fine manipulation; use telephone and write or use a keyboard to communicate through written means; operate an automobile to attend various meetings and workshops. While performing duties, the employee is regularly required to use written and oral communication skills; analyze financial information graphically by developing charts and graphs manually and on a computer, and interprets graphically presented information, budget and technical reports; interpret and evaluate staff reports; know laws, regulations code requirements; explain and interpret contracts, codes, policies and procedures; interact with City management, other governmental officials, contractors, vendors, employees and the public. The employee occasionally lifts and carries records and documents weighing less than 25 pounds. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: A Bachelor's degree from an accredited college or university, majoring in Public or Business Administration or in a closely related field is required. Graduate course work or A Master’s degree in Public Administration, Business Administration or closely related field is desirable. Experience: Some experience working for a municipal agency that would familiarize the individual with administrative operation, i.e., as an administrative intern or college field work/class study program is desirable. No professional experience is required. Licenses; Certificates; Special Requirements: Possession of a valid California Class C drivers’ license and Certificate of Automobile Insurance for Personal Liability to be secured prior to employment and maintained as a condition of continued City employment. Classifications assigned to Parks and Community Services are designated as a Mandatory Reporter; completion of Mandated Reporter training is required within one month of employment. 4.8.d Packet Pg. 74 At t a c h m e n t : 4 . E x h i b i t B t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT C 1 Date Adopted: August 7, 2007 Date Revised: October 17, 2017 Title: Network Systems Coordinator FLSA: EXEMPT General Purpose: Under general direction from the Information Systems Manager, has primary responsibility for administering the day-to-day network systems operations; performs a variety of professional, technical and analytical tasks to support the network systems, including data and voice communication systems; stays informed of new technology; provides recommendations, support and assistance to the Information Systems Manager; and performs other related work as required. Distinguishing Characteristics: This single position classification has responsibility to install and maintain the City’s network functions. The incumbent must be fully competent to perform a wide range of information systems support and may be assigned to provide functional direction over systems support staff. The incumbent is expected to provide complex technical and analytical support to the Information Systems Manager and must demonstrate a high degree of proficiency in making a variety of decisions related the City’s information systems using initiative, independent judgment, tact and discretion. Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. In consultation with internal customers, analyzes and evaluates existing information system operations and programs to identify, recommend, and implement new and modified automated systems; Performs analysis of local area networks (LAN) and wide area networks (WAN) systems; Installs, maintains, and troubleshoots a variety of computer, network and auxiliary equipment such as servers, routers, switches, and related peripheral equipment; Performs basic installations of cables, plugs, computer components and parts and related communication equipment; 4.8.e Packet Pg. 75 At t a c h m e n t : 5 . E x h i b i t C t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT C 2 Coordinates with consultants, contract personnel, and vendors, to perform upgrades and to identify and resolve system and network problems or to accomplish specific technology related assignments; Performs tests of the operation of new and modified configurations; Operates standard and specialized diagnostic programs to identify or resolve equipment and software problems; Coordinates and establishes maintenance procedures and schedules; Maintains records and installs updates for existing equipment, systems, and programs; Based on best practices, establishes schedules and completes the regular back up of systems and programs; Maintains inventory listings and schematics of network systems, equipment, and communication lines; Provides support for the City’s telephone and data communication systems; Assists in planning and acquisition of technology enhancements related to the City networking and management information systems; May be assigned to participate on various internal or external committees and / or user groups. Minimum Qualifications: Knowledge of: Principles of computer system operations and peripheral components including systems analysis and development techniques. Operating system principals, microcomputer hardware, application software; and network administration including current versions of Windows Server and Workstation software. Network design, construction, administration and maintenance. Network protocols including: TCP/IP, DHCP, network operating systems, data communications, voice communications technology. VMWare virtualization. Techniques and practices in utilizing standard applications software including word processing, database, desktop publishing and spreadsheet software. Equipment, operations, and terminology related to information systems and telecommunications, including routers, routing concepts, and router to CSU / DSU cabling requirements. 4.8.e Packet Pg. 76 At t a c h m e n t : 5 . E x h i b i t C t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT C 3 Information systems troubleshooting tools and techniques; Network administration methods and techniques including security and network monitoring techniques and best practices. Standard office practices and procedures; research techniques, methodology and procedures; record keeping techniques. Modern communication devices and components including current trends and developments in the field of computer technology. Customer service techniques. Federal, state and local laws, regulations and court decisions applicable to assigned areas of responsibility. Ability To: Communicate effectively both verbally and in writing, with staff, vendors, and those contacted in the course of business. Interact well with co-workers and supervisors; deal tactfully and courteously with others in answering questions and providing customer assistance. Read, interpret and apply information required in policies and procedures as well as information complex technical publications, manuals and other documents. Perform a variety of technical and specialized functions in the operation of computer equipment and related software; Configure software to appropriate hardware; configure and repair computer networks; Identify, evaluate and solve network and systems problems; perform diagnostic checks and take appropriate corrective action; Collect, analyze, and interpret information and data from a variety of sources; develop sound conclusions, recommendations, and solutions. Evaluate new technology and serve in an advisory capacity to supervisors and managers. Organize, prioritize and schedule a variety of assignments. Manage all phases of projects of varying degrees of complexity. Work with and maintain the confidentiality of sensitive information. Learn new systems and programs as dictated by future technological advancements and City needs. 4.8.e Packet Pg. 77 At t a c h m e n t : 5 . E x h i b i t C t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT C 4 Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; intermittently stand, walk, bend, climb, kneel and twist while working on computer equipment, peripherals, and network equipment; perform simple grasping and fine manipulation; use telephone and write and use keyboard to communicate; discern wire colors and see small text and numbers on wiring and circuitry; occasionally moves equipment weighing up to 50 pounds. The work is usually performed in a standard office environment using a computer. While performing duties, the employee is regularly required to use a computer, various hand tools and testing equipment in repair, adjustment and problem identification of network, computers and related equipment; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. The employee may be required to lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Bachelor’s Degree in information technology, computer science, management information systems, or closely related field is required. Certification as a Certified Network Engineer, Microsoft Certified Engineer, or Cisco Certified Engineer is highly desirable. Experience: Three years of professional experience with increasingly responsible duties including experience in network systems administration, operations, support, and maintenance. Must include network administrator or analyst level experience within a multi-user network environment. Training: Any recent training, such as academic courses and certification programs, which are relevant to this job classification. Licenses; Certificates; Special Requirements: License: Possession of a valid California Class C Drivers’ License and Certificate of Automobile Insurance for Personal Liability. Special Requirements: Must be able to work flexible hours and may occasionally be required to work outside of the normally assigned work schedule, including possible nights and/or weekends. 4.8.e Packet Pg. 78 At t a c h m e n t : 5 . E x h i b i t C t o R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) ATTACHMENT 6 RESOLUTION NO. XX – 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE SALARY PLAN FOR FULL-TIME PERSONNEL WHEREAS, in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 60-17 and subsequent Resolutions which establish a Salary Plan for full-time personnel; and NOW, THEREFORE, BE IT RESOLVED that the position of Budget Analyst shall be added and covered under Article I, Section A of the Salary Plan for Full-Time Personnel; and BE IT FURTHER RESOLVED that the following position shall be paid a monthly rate within the following salary range with the exclusion of any Performance Pay Adjustment granted in accordance with the adopted Personnel Rules: Budget Analyst $ 8,686 - $10,857 BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for the City of Dublin; and that the changes contained herein shall be effective October 17, 2017. PASSED, APPROVED AND ADOPTED this 17th day of October, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.8.f Packet Pg. 79 At t a c h m e n t : 6 . R e s o l u t i o n A m e n d i n g t h e S a l a r y P l a n f o r F u l l - T i m e P e r s o n n e l ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendment to the Agreement with Indigo/Hammond + Playle Architects, LLP, for the Public Safety Complex - Police Services, Project No. GI0116 Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will consider an amendment to the agreement with Indigo/Hammond + Playle Architects, LLP, for the Public Safety Complex - Police Services, Project No. GI0116, to revise the design to reduce project costs and to provide design support services during construction. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Agreement with Indigo/ Hammond + Playle Architects, LLP. FINANCIAL IMPACT: As approved in the 2016-2021 Capital Improvement Program, the total budget for Public Safety Complex - Police Services Project is $15,000,000. The cost of additional services under the proposed amendment to the agreement with Indigo/Hammond + Playle Architects, LLP is $656,825. There are sufficient funds in the project budget to approve the amendment. There is no impact to the General Fund. DESCRIPTION: The City Council adopted Resolution No. 22-15 on February 17, 2015, approving an agreement with Indigo/Hammond + Playle Architects, LLP for $227,600 to provide design services for the Civic Center – Police Wing Renovation Project (CIP No. GI0115). Subsequently, on March 1, 2016, the City Council adopted Resolution No. 38- 16, which created a new capital improvement program project, Public Safety Complex – Police Services Building (CIP No. GI0116), replacing the earlier renovation project. The agreement with Indigo/Hammond + Playle Architects, LLP was subsequently amended three times with the total compensation currently $1,608,800. 4.9 Packet Pg. 80 Page 2 of 3 Indigo/Hammond + Playle completed the design and the project was put out to bid in early 2017. On March 23, 2017, a total of three bids were received, all of which were significantly higher than the Engineer’s Estimate for construction. The lowest submitted bid of $16,264,000 was 42% over the Engineer’s Estimate. On April 18, 2017, the City Council rejected all bids for the project, and authorized Staff to rebid the project at a later date after revising the design to reduce project costs. The project team has evaluated all options and made revisions to the project design in an effort to provide a project that is closer to the project budget and will serve the needs of the community. The current estimate for construction is $14,700,000. At Staff’s direction, Indigo/Hammond + Playle Architects, LLP has provided a proposal for additional services to redesign the project to reduce the cost of construction. The additional services are proposed at $269,525. As part of the redesign process Indigo/Hammond + Playle Architects, LLP reduced the fee for additional services by $107,500 due to the significant difference between bids received in March 2017 and their construction estimate. In addition to the new design services, Staff requested Indigo/Hammond + Playle Architects, LLP to increase their construction administration services from a limited role to an expanded part-time role. This additional construction administration will provide for coordination with the Contractor, a construction management team, and a project inspector of record required by the California Building Code for the construction of an essential services building. The cost of these increased services is $387,300, derived from an estimate of services anticipated during construction. The proposed Amendment #4 to the agreement totals $656,825, as shown below: Additional design services to reduce cost of construction $269,525 Expanded construction administration $387,300 Amendment #4 Total $656,825 With approval of the amendment, the total compensation to Indigo/Hammond + Playle Architects, LLP will be $2,265,625. There are sufficient funds in the project budget to cover these costs. However, it is anticipated that a budget increase will be required when the project is awarded for construction. The project plans are in the process of being revised to reduce the cost of improvements, and it is anticipated that the project will be out to bid soon with a bid opening in December 2017 or January 2018. If the bids are found to be acceptable, construction could begin in the first quarter of 2018. 4.9 Packet Pg. 81 Page 3 of 3 A summary of the design services agreement and amendments is listed in the following table. Item Scope Not-to- Exceed Fee Report Attachment Agreement Design Services “Civic Center”$227,600 4 Amend. #1 Revise Design and relocate to PD to Clark Avenue $653,500 5 Amend. #2 Revise Scope and remove buildings 3&4 $25,000 6 Amend. #3 Revised Scope to renovate the remaining portion of PSC and exterior improvements $702,700 7 Proposed Amend. #4 Value Engineer and Re-design plus Construction Support Services $656,825 2 $2,265,625 Total Compensation NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report has been provided to Indigo/Ha mmond + Playle Architects, LLP. ATTACHMENTS: 1. Resolution Approving an Amendment to the Agreement with Indigo/Hammond + Playle Architects, LLP. 2. Exhibit A to Resolution - Amendment #4 to the Agreement 3. Exhibit A-1 to Amendment #4 4. Original Agreement 5. First Amendment 6. Second Amendment 7. Third Amendment 4.9 Packet Pg. 82 ATTACHMENT 1 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING AN AMENDMENT TO THE AGREEMENT WITH INDIGO/HAMMOND + PLAYLE ARCHITECTS, LLP WHEREAS, on February 17, 2015, the City Council approved an Agreeme nt for design services with Indigo / Hammond + Playle Architects, LLP for the Dublin Police Services Building Renovation; and WHEREAS, the City Council approved Amendment #1, #2, and #3 to the Agreement for design services with Indigo / Hammond + Playle Architects, LLP for the Dublin Police Services Building Renovation for a total not-to-exceed amount of $1,608,800; and WHEREAS, the City wishes to amend the terms of the Agreement to account for additional design support services and value engineering necessary for the change in scope of work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the amendment to the Agreement with Indigo / Hammond + Playle Architects, LLP, for additional design services in the amount of $656,825, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the amendment and such other documents, and to take such other and further action, as necessary and appropriate to carry out the Inten t of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of October, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.9.a Packet Pg. 83 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a n A m e n d m e n t t o t h e A g r e e m e n t w i t h I n d i g o / H a m m o n d + P l a y l e A r c h i t e c t s , L L P . ( A p p r o v a l o f Amendment #4 To Consultant Services Agreement between October 17, 2017 City of Dublin and Indigo/Hammond + Playle Architects, LLP EXHIBIT A TO RESOLUTION AMENDMENT #4 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND INDIGO/HAMMOND + PLAYLE ARCHITECTS, LLP THIS AMENDMENT shall modify the Agreement dated February 17, 2015 for consulting services by and between the City of Dublin (“City”) and Indigo/Hammond + Playle Architects, LLP (“Consultant”). The date of Amendment #4 shall be October 17, 2017. In order to accommodate additional services to be provided the Agreement shall be modified as follows: A) Section 1.1 shall be rescinded in its entirety and replace with the following: Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on July 30, 2019, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. B) The first paragraph of Section 2 shall be rescinded in its entirety and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,265,625, (Two million two hundred and fifty-six thousand and eight hundred and twenty-five dollars), notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A-1, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. C) Exhibit A – Scope of Services shall be modified in accordance with the attached EXHIBIT A-1. CITY OF DUBLIN CONSULTANT Christopher L. Foss, City Manager Bruce Playle, Principal 4.9.b Packet Pg. 84 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - A m e n d m e n t # 4 t o t h e A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) October 5, 2017 Michael N. Boitnott, P.E. Capital Improvement Program Manager Public Works Department City of Dublin 100 Civic Plaza Dublin, CA 94568 Re: Amendment #4 – Redesign, Rebidding, and Additional Construction Administration Services, Including Bid Alternates, Renovations and Improvement of the Public Safety Complex, Dublin Boulevard and Clark Avenue Dear Michael, This letter describes certain changes in service, and is an amendment to the existing agreement with an effective date of February 17, 2015 to implement the changes. All other terms and conditions of the original existing agreement remain in full force and effect. Background: Previously, plans and specifications were prepared for the City of Dublin for Police Services in the Public Safety Complex. These plans dated January 31, 2017, progressed through 3 review cycles with the City of Dublin Building Department and its plan review consultant 4-Leaf. All comments were successfully responded to and the responses accepted as of Addendum 2, dated March 15, 2017. Bids were taken from 3 prequalified bidders on March 23rd. However due to rapid and unanticipated escalation in the construction marketplace, and because the bid pool was limited to only 3 bidders, the lowest bid was 42% above estimate and budget, and subsequently all bids were rejected by the City Council. A value engineering (VE) and scope reduction process ensued immediately post-bid. The process involved Indigo Architects, Swinerton CM, and City of Dublin staff including Police Services. Meetings were held in Dublin beginning June 8, 2017 to review and modify the list of value engineering items prepared by Indigo and its engineers, as well as to review the plans prepared by Indigo. Swinerton CM, with a few modifications, validated the list of value engineering revisions and it was approved for implementation by the City. It was also decided to open bid the project to enhance competitive bidding and to revise bid alternates to a new list of 4, all as shown on the attached Scope Change Table, dated September 7, 2017. One of the more significant cost-saving changes was Public Safety Complex, Building 2. Previously, this existing high-bay steel and concrete industrial building was to be structurally rehabilitated to bring it to essential services building standards and outfitted with a new 2-story building insertion. The value- engineered plan instead demolishes the existing building and essentially builds in its place a newly designed, smaller 1-story building, purpose-built to essential services building standards. Other changes included significant plan revisions requested by the Police Services Division which Indigo and its engineers were able to successfully incorporate during the value engineering process. Exhibit A-1 4.9.c Packet Pg. 85 At t a c h m e n t : 3 . E x h i b i t A - 1 t o A m e n d m e n t # 4 ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) Michael N. Boitnott, P.E. October 5, 2017 Page 2 Meanwhile, estimates of the cost for making the necessary changes to plans, specifications and calculations and resubmitting for plan check were prepared. A detailed estimate was provided on May 16, 2017, showing the total architecture and engineering cost to be $389,915. The design fee assumptions in the value engineering calculations, however, had relied on a much lower figure of $272,900, resulting in higher projected savings to the City. In order to preserve these savings, Indigo agreed to use the lower fee amount of $272,900 figure in its proposal dated May 26, 2017. This amount nonetheless exceeded the authorized total contract amount, thus a contract amendment requiring a month or more for the City to process would be required. In that period of time, ongoing construction cost escalation would have further eroded cost-savings from value engineering. For this reason, an interim authorization of $60,000 from unused construction support funds was provided by the City on June 13, 2017, which enabled work to proceed. This interim authorization was based on a quote for 3 weeks of architectural effort excluding engineering, and left $127,847 remaining on the original contract. Another reason for the interim authorization approach was to allow a better estimate of total costs once the 90% plans were complete and submitted. These 90% documents, dated September 17, 2107, were submitted to the City for plan review effective last Friday, and were prepared at an architecture and engineering cost of $226,500. When combined with an estimated $27,000 cost of final plan check 90% to 100% (see item below), the total cost of the revision work to the City is $253,500. Also included in this amendment is the addition of bid alternates upsizing of the onsite emergency power generator and fuel supply to serve the entire building as opposed to only the Police Services portions, and for photovoltaics during the design phase and which was not included in the original agreement or its various amendments to-date. Work Contributed Gratis: Indigo took immediate and effective cost control measures, and has expedited the work, in order to protect the City from further effects of escalation, all while maintaining project quality. We, too, have been stung by the unprecedented cost increases in the marketplace and in consideration of the City’s budget are providing elements of our service on a gratis basis. Our gratis contributions amount to $107,500 as follows: • VALUE ENGINEERING & REDESIGN - $46,500. Indigo took an early lead in extensively revising the floor plans and preparing a comprehensive list of value engineering items, subsequently validated by Swinerton CM. We attended meetings and numerous phone calls and interaction with City and Police Services staff to arrive at the revised design. Gratis contribution shown is for almost 3 months of services from March 23, 2017 bid date through June 13, 2017 date of interim authorization. Status: Completed. • FINAL PLAN CHECK, 90% TO 100% - $30,000. There is still considerable work left to do, including addressing all plan review comments, bringing the plans, specifications and estimate to 100%, ready for bidding. Estimated at $57,000, Indigo agrees to discount this work and will complete it for $27,000, a gratis contribution of $30,000. Status: Pending. • BIDDING DOCUMENT CHANGES - $5,500. Indigo will assist City in revising the bidding documents including the Instructions to Bidders, Bid Form, Agreement, General Conditions, Supplementary Conditions, and Division 1 – General Requirements to change to an open-bid process, but with minimum qualification requirements. This is a gratis contribution of $5,500. Status: Pending. Exhibit A-1 4.9.c Packet Pg. 86 At t a c h m e n t : 3 . E x h i b i t A - 1 t o A m e n d m e n t # 4 ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) Michael N. Boitnott, P.E. October 5, 2017 Page 3 • REBIDDING - $25,500. Indigo and its subconsultants agree to provide rebid services on a gratis basis. Gratis contribution covers services from bid advertisement through bid day, includes attending pre-bid conference meeting and tour of site and buildings in Dublin, answering bidder questions, preparation of addenda, and evaluation of bids. Status: Pending. Description of Scope of Services change: • REVISE WORKING DRAWINGS & SPECIFICATIONS. Make the changes shown on working drawing sheets AS001, A-101.1, A-101.2, A-201 revision clouds dated 4/11/17, and Bid Phase Value Engineering table dated 5/11/17. The changes shown on those drawing sheets are representative, other drawings and specifications sheets will be revised as required by the changes. All disciplines are involved, including architectural, civil, landscape, structural, electrical, mechanical, plumbing and LEED consultant. Required changes to calculations are included as are revision to the 4 alternates. A kick-off meeting will be held where the additional VE and constructability comments of an outside construction manager (separate contract by City) will be discussed and City will direct for implementation. This implementation is included to the extent it does not involve extensive further revisions and can be performed concurrently with the changes shown on the attachments. One additional meeting to the kick-off is included for a total of two meetings. The plans will be advanced directly to 90% complete and submitted for final plancheck. • FINAL PLANCHECK (provided on a partial gratis basis). Assist in taking revised plans, specs and calculations through final plan review for approved plans prior to bidding. Plan comments will be responded to and corrected plans will be submitted via e-mail, no additional meetings are anticipated or included. • RE-BIDDING (provided gratis). Assist in answering bidder questions, assist in preparation of addenda, etc. as described in basic scope of agreement. The project will be open bid with no prequalification round. This is an increase in the time-and-materials amount for rebidding only and does not include added construction administration, meetings or management time which may be needed during construction. • ADD CONSTRUCTION ADMINISTRATION SERVICES. Following are the changes to our existing agreement Exhibit A – Scope of Work requested by the City which expands base scope construction administration services. Strikeout is removed text, bold is added. C. BIDDING & CONSTRUCTION 1. Attend the Pre-Bid Meeting (2 meetings). 2. Review and respond to Bidder questions (includes 12). 3. Prepare Addenda content for issuance by City (includes 2). 4. Assist City with its Bid Evaluation process. 5. Attend Pre-Construction Meeting (1 meeting). 6. Review and respond to Contractor submittals (includes 45 170). 7. Review and respond to Contactor RFI’s (includes 50 200). 8. Review and respond to Contactor PCO’s (includes 10). 9. Issue Architectural Supplemental Instructions ASI (includes 4 20). 10. Issue Proposal Requests (includes 2). Exhibit A-1 4.9.c Packet Pg. 87 At t a c h m e n t : 3 . E x h i b i t A - 1 t o A m e n d m e n t # 4 ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) Michael N. Boitnott, P.E. October 5, 2017 Page 4 11. Maintain Submittal, RFI, ASI and CCO logs. 12. Attend construction project progress meetings (includes 20 60 meetings, once per week for an estimated 5 14 month construction duration plus 1 month of post-construction meetings). 13. Conduct periodic site observations, issue field reports (included in above). Consistent with the requirements for California Essential Services Buildings, reports will be quarterly DSA-06 cross-coordinated among design team, IOR and contractor and filed with the City of Dublin Building Official in his/her capacity as Agency Having Jurisdiction. 14. Conduct preliminary observation and issue Punch List (1 meeting). 15. Punch List pick-up verification will be by City, Architect to assist in who will also prepare preparation of Notice of Substantial Completion. 16. Declare project 100% complete. Issuance of Notice of Final Completion (filing will be by City of Dublin). 17. Assist in final close-out procedures, review record documents submitted by contractor, prepare CAD “Record Drawings” and deliver to City of Dublin for safekeeping. 18. Above construction administration scope assumes City Project Manager will be onsite handling day-to-day affairs of construction. Coordination time to support City’s Project Manager on a daily basis is provided (adds 2 hrs./wk. for 60 weeks). Deliverables for Bidding & Construction: • Attend Pre-bid conference and site walk. • Assist in answering bidders’ questions and issuing addenda. • Assist in City’s bid evaluation and determination of lowest responsible bidder. • Monthly Construction Meetings minutes. • Construction visit notes and photographic record. • Responses to RFI’s and CCO requests. • Submittal, RFI and CCO logs. • Final inspection report and punch list. • CAD record drawings, mylars if required would be an additional reimbursable expense. Changes to Agreement: Section 2., Compensation: Reflective of the increased scope of work to add Redesign, Rebidding, and Additional Construction Administration Services, change total compensation amount from $1,608,800 to $2,265,625. Changes to Exhibit A – Scope of Work: Change the services already included in the basic scope as described above for the Public Safety Center (PSC) at Dublin Boulevard and Clark Avenue. Changes to Exhibit A – Project Schedule: A new project schedule has been prepared which estimates services will be required until June 30, 2019, and is the basis for the term of services extension to this date. Changes to Exhibit A – Compensation Schedule: The prior authorized fixed-fee amount of $1,608,800 is thereby increased $656,825. by this amendment resulting in an adjusted total fee of $2,265,625. in accordance with the contract cost summary and revised payment schedule below. Standard Rates to be used are changed in accordance with attached revised Standard Rates schedule. All other terms and conditions of the original agreement remain in full force and effect. Exhibit A-1 4.9.c Packet Pg. 88 At t a c h m e n t : 3 . E x h i b i t A - 1 t o A m e n d m e n t # 4 ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) Michael N. Boitnott, P.E. October 5, 2017 Page 5 Contract summary to-date: Original contract - Basic services $227,600. Amendment 1 – Renovate Public Safety Center for Police Services $653,500. Amendment 2 – Study to increase project scope by $5 million $25,000. Amendment 3 – Implementation of $5 million scope increase $702,700. Amendment 4 – Redesign, Rebidding and Additional CA Services, Incl. Bid Alts. $656,825. Adjusted contract amount $2,265,625. Bruce Playle, Architect, AIA Licensed Architect C 15459 INDIGO/ Hammond & Playle Architects, LLP Chris Foss, City Manager, City of Dublin date signed:_______________________ Gary Huisingh, Director, Public Works Department City of Dublin date signed:______________________ Prior Fee Amount Change this amendment Adjusted Fee Fee Summary A. Preliminary Design (fixed-fee)$390,200 $0 $390,200 B. Final Design (fixed-fee)$1,023,600 $269,525 $1,293,125 C. Bidding & Construction (t&m allowance)$170,000 $387,300 $557,300 Amendment 1, dated 1/22/16 (incl. in nos. above)$0 $0 $0 Amendment 2, dated 3/22/16 $25,000 $0 $25,000 Amendment 3, dated 4/22/16 (incl. in nos. above)$0 $0 $0 Amendment 4, dated 10/5/17 (incl. in nos. above)$0 $0 $0 Total Adjusted Fee $1,608,800 $656,825 $2,265,625 Scope of Services Exhibit A-1 4.9.c Packet Pg. 89 At t a c h m e n t : 3 . E x h i b i t A - 1 t o A m e n d m e n t # 4 ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND INDIGO/ HAMMOND + PLAYLE ARCHITECTS, LLP THIS AGREEMENT for consulting services is made by and between the City of Dublin City") and Indigo/ Hammond + Playle Architects, LLP ("Consultant") as of November 6, 2015. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of.this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30,-2016, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person'practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed 35,500 (thirty-five thousand and five hundred dollars), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 1 of 13 4.9.d Packet Pg. 90 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment., City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 2 of 13 4.9.d Packet Pg. 91 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination,. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone.or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense,,hall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees,and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 3 of 13 4.9.d Packet Pg. 92 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) limits shall be (1)the minimum coverage and limits specified in this Agreement; or(2)the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as CG 20 01 0412. In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to City of such cancellation, change, or lapse. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS 1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 . Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate, limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence..limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 4 of 13 4.9.d Packet Pg. 93 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) occurrence form CG 0001. Automobile coverage-shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 ("any auto"). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a.City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c.An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents,and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty(30) days' prior written notice by certified mail, return receipt requested, has been given to the City. ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 5 of 13 4.9.d Packet Pg. 94 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b.Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c.If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4. All Policies.Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the,same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 6 of 13 4.9.d Packet Pg. 95 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention provision and/or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City(if agreed to in a written contract or agreement) before City's own insurance or self- insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend any and all such actions, suits or ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 7 of 13 4.9.d Packet Pg. 96 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. Consultant's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of.competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall,govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 8 of 13 4.9.d Packet Pg. 97 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreementupon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1.. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 9 of 13 4.9.d Packet Pg. 98 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate.the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that-relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 10 of 13 4.9.d Packet Pg. 99 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3)years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3)years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain.in full force and effect. The invalidity in whole or in part of any provision of this'Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 11 of 13 4.9.d Packet Pg. 100 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within"the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager("Contract Administrator"). All.correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Bruce Playle, Principal Indigo/ Hammond & Playle Architects, LLP 909 Fifth Street Davis, California 95616 Any written notice to City shall be sent to: Gary Huisingh, Public Works Director City of Dublin 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 12 of 13 4.9.d Packet Pg. 101 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) As1/(9\.,'',...;-.ZIC ,'\ No C15459 0_414 F 11 - OF C A\-\ () Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN INDIGO/ HAMMOND + PLAYLE ARCHITECTS, LLP 1/ ge.,s OF L istopher L. Foss Bruce Playle City Manager Principal Attest: 0 LI c-( Caroline Soto, City Clerk Approved as to Form: Joh, :akker, City Attorney ver.2015) Consulting Services Agreement between November 6, 2015 City of Dublin and Indigo Architects Page 13 of 13 4.9.d Packet Pg. 102 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) EXHIBIT A SCOPE OF SERVICES 4.9.d Packet Pg. 103 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) d.f . 1 9 .0 • HAMMOND+-PLAYLE: _ ,: ARC: HITECTS ; L: LP. : _ . : November 3, 201.5 Meghan.Tieman,Parks and Facilities Development Coordinator: :' City of Dublin 100 Civic Plaza Dublin CA 94568 : : Re:Proposal: Adapting Existing PD Offices to:become Cultural Arts Center . Dear Meghan,:: I _ This letter.describes.our:proposal to analyze the feasibility_of,adapting the existing Dublin.Police : : . :: Department Civic.Center facilities to accommodate:a Cultural Arts Center for:the City on:the first floor with : : • . : : : : : administrative spaces and a new data center on.the second floor:We see this as a first step in providing a memorable public destination point which will be a source of pride for the City:' . i Preliminary Program 'm The City would like to:conceptually test the feasibility and costs of re=using the existing:Policewing at.the Dublin Civic Center for re=use as a Cultural Arts`Center that would also house other City administrative functions.`:The:Cultural Arts Center would provide .Multi=Use facility that affords cultural; educational'and social:opportunities for the entire community::The primary:focus.of this facilitywould be the Gallery and adjacentmulti-purpose'space making it a destination:for exhibitions and social events The facility would also feature classrooms to support a:variety:of cultural arts experiences: The facility would also:house :: •. . Administrative Offices for the Parks: and .Community 'Services:Department;:storage space for the City's .various collections Of historical artifacts,the City's Data Center;and a dual-use:multi-purpose room Emergency Operations Center Facilities included-in Re-Use Study: Police Wing First Floor 11;400.SF Police Wing,Second:Floor 5,800 SF Sally Port 1,300 SF : . 9EvidenceStorage Outbuilding:500 SF TOTAL:::. 19,000'SF. Preliminary Space List:.: I - . First:Floor Lobby/Gallery Reception, Records Storage;and Project Workspace(three staff workstations) Gallery.Space and Multi=Purpose/Social:Function Space. Multi-Purpose Rooms(two; one.that:possibly doubles:as EOC)', Classroom. ossibl doubles.as EOC.Media Briefing Room s Art Studio/Classroom. Music Classroom/Studio Public Restrooms. . Receiving Room/Special Event Equipment Storage - Expanded Employee Fitness Center and Employee Changing/Locker Rooms INDIGO I Hammond+Playle Architects;LIP 1 909 Fifth Street:I-Davis,CA 95616 I t 530:750.0756 I w indigearch:com 4.9.d Packet Pg. 104 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) Meghan Tiernan November 3,2015 Page 2 • Second Floor Citywide Data Center(assume 800-1,000 SF) : Administrative Spaces 1) Large Meeting Room 2) Workroom/Break:Room..• . 3) Staff Offices . a), Director b):.'Assistant-Director c) :Business Services Manager d) Cultural Arts& Heritage Manager e) Cultural Arts Supervisor. f) :Events Supervisor. :, g) • Events Coordinator h) Graphics Coordinator i) -Management Analyst 4) Staff Cubicles : a) Program.Specialist(Events) b):.Program Specialist(Arts):. c) `Administrative Techniciarr: . Outbuilding Historical Artifact Collections and Event:Storage Scope of Work : ..: 1): Preliminary programming meeting with:Architect and:City, 2)'. Early'design sketches,including phasing and costs for;reviewi by City: 3) :Conduct general..technical tour of existing:facility : 4) Provide interim spatial analysis and feasibility report to the.City for review.. 5) Completion of general technical assessments, with changes to plans and cost estimate. 6) Architect and City meet to review:final:report: . 7) :Work:is.estimated to be completed within 5 weeks from notice to:proceed, pending availability of City: : :: : staff for meetings. . Fee, Basis of Compensation : : Work will be performed on:a T&M basis with an estimated not-to-exceed fee of$35,500.:Available : : . additional services included public Meeting facilitation and economicanalysis. :. Please sign below indicating your acceptance and return one executed copy to me.Alternatively if you prefer to prepare an:amendment in City format, please provide a draft for my review: Sincerely,: V gezte." Chnstopher:L:Foss Bruce:Playle,Architect,.AlA . City:Manager Licensed Architect C 15459 . Date signed INDIGO I Hammond+Playle Architects;LLP:1909.Fifth Street:I Davis,CA 95616 I t.530:75a0756 I w indigoarch:com :. 4.9.d Packet Pg. 105 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) Fee Schedule Renovation of Police Services for Dublin Cultural Arts Center, City of Dublin, California INDIGO/ Hammond & Playle Architects, LLP November 3, 2015 Additional Services Should the City of Dublin desire that INDIGO provide additional services, such services shall be authorized, in writing, by the City of Dublin and INDIGO. Any such additional services shall be on the basis of fixed-fee, percentage, or time-and-materials as may be mutually agreed between the parties in the form of a written amendment to the agreement. Compensation for time-and- materials additional services shall be per the standard rates below as may be updated from time-to-time. Hourly rates for consultants shown exclude 15% markup which will be applied. Reimbursable expenses shall be invoiced at cost plus 15%. Standard Rates Team members' standard rate schedules presented below will be used as a basis for a negotiated fee upon selection of our team, whether on a time-and-materials, fixed-fee or other basis as may be desired by the City of Dublin. These hourly rates would also be used in the event any additional services are required or requested by the City of Dublin should they be on a time-and-materials basis. In no case will additional services be completed or compensated without written approval by City of Dublin in advance of such work being performed. Rates shown apply through the first quarter of 2016. INDIGO reserves the right to modify its standard rates from time-to-time as may be necessary for cost-of-living adjustment and other factors. City approval of such rate change shall not be unreasonably withheld. Hourly rates for consultants shown exclude 15% markup which will be applied. Reimbursable expenses shall be invoiced at cost plus 15%. Note that rates shown below are for a range of available team members, not all of whom are included or required in the Cultural Arts Center project. Indigo I Hammond + Playle Architects, M.Neils Engineering, Inc. LLP,Architecture Electrical /data telcom engineering Principal 210 Principal Engineer 190 Architect/Planner 160 Senior Engineer 155 Senior Designer 130 Designer 120 Designer/Drafter- Level 2 $115 Senior Drafter 100 Designer/ Drafter- Level 1 $105 Drafter 90 Clerical 80 Clerical 80 Miyamoto International Guidepost Solutions Structural engineering Security electronic systems Principal 230 -$310 Principal 205 Senior Associate 130-$220 Senior Team Leader 190 Associate 120-$190 Project Manager 185 Project Engineer 90 -$150 Sr. Designer 185 Staff Engineer 70 -$100 Project Research Analyst $185 Structural Designer 90 -$150 Project Coordinator 160 Administrative Assistant 60 -$130 Drafting 115 Technical Support 115 Peters Engineering Mechanical & plumbing engineering Principal 175 Senior Engineer 150 Project Engineer 125 Senior Designer 95 Designer 85 CADD 75 Clerical 60 4.9.d Packet Pg. 106 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 12244 Indigo/Hammond&Playle Archi Certificate of Insurance page 1 of 1) 12/17/2015 09:49:02 AM ACC° a CERTIFICATE OF LIABILITY INSURANCE DATE(M MIDDIYYYY) 12/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: SelectSolutions Insurance Services,LLC#0127711 A/ cC, No.Eat): 866-500-6359 a//c,No): (855)804-8449 1350 Carlback Avenue E-MAILADDRESS: Walnut Creek,CA-94596 PRODUCER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Accident and Indemnity Company 22357 Indigo/Hammond&Playle Archi INSURER B: Travelers Casualty and Surety Company of America 31194 909 5Th Street INSURER c: Sentinel Insurance Company,Ltd. 11000 909 5Th St Davis,CA 95616 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY) (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 1,000,000 CLAIMS-MADE OCCUR MED EXP(Any one person)_ $ 10,000 C Yes 57SBAZE9975 1/5/2015 1/5/2016 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 71 POLICY F PRO-JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000Eaaccident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ C SCHEDULED AUTOS 57SBAZE9975 1/5/2015 1/5/2016 PROPERTY DAMAGE HIRED AUTOS Per sodden)) NON-OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? Y N/A Yes 57WECFO1730 1/5/2015 1/5/2016 Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1.000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Professional Liability(Errors and Omissions) 105389262 1/5/2015 1/5/2016 1,000,000/$2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if mom space is required) Re:Cultural Arts Center.City of Dublin,its officers,employees,agents and volunteers are named as Additional Insured as their interests may appear in regards to General Liability policy per attached endorsement.This insurance is primary and non-contributory to any other insurance provided as respects General Liability policy per attached endorsement.Waiver of subrogation in favor of the certificate holder with regard to the Workers'compensation policy per attached endorsement.The Professional Liability Limits shown represent the Per Claim/Aggregate Limits of Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dublin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 Civic Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Dublin,CA 94568 AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 4.9.d Packet Pg. 107 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 2005,The Hartford 4.9.d Packet Pg. 108 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension-Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 4.9.d Packet Pg. 109 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words we", "us"and "our"refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C.-Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES a) The "bodily injury" or "property 1. BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE PERSONAL occurrence" that takes place in the AND ADVERTISING INJURY) coverage territory"; Insuring Agreement b) The "bodily injury" or "property damage" occurs during the policy a. We will pay those sums that the insured period; and becomes legally obligated to pay as c) Prior to the policy period, no insureddamagesbecauseof "bodily injury", listed under Paragraph 1. of Section property damage" or "personal and C. — Who Is An Insured and no advertising injury" to which this insurance employee"authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim, knew that the"bodily injury" seeking those damages. However, we will or "property damage" had occurred,have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "propertydoesnotapply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption occurrence" or offense and settle any claim of such "bodily injury" or "property or"suit"that may result. But:damage" during or after the policy 1) The amount we will pay for damages is period will be deemed to have been limited as described in Section D. - known prior to the policy period. Liability And Medical Expenses Limits 2) To "personal and advertising injury" Of Insurance;and caused by an offense arising out of your 2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period. settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1.of Section explicitly provided for under Coverage C. — Who Is An Insured or any "employee" Extension-Supplementary Payments. authorized by you to give or receive notice b. This insurance applies: of an "occurrence"or claim: 1) Reports all, or any part, of the "bodily1) To "bodily injury" and "property damage”only if: injury or "property damage" to us or any other insurer; Form.SS 00 08 04 05 Page 1 of 24 2005,The Hartford 4.9.d Packet Pg. 110 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM 2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury"or"property damage";or applicable limit of insurance. We will pay 3) Becomes aware by any other means that reasonable expenses for: bodily injury" or "property damage" has 1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of"bodily injury" include 2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic. organization for care, loss of services or devices; and death resulting at any time from the "bodily 3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. 1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an occurrence", but only if: 1) All expenses we incur. a) The physician, dentist, nurse, 2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability Coverage for"bodily injury" applies. Web) You are not engaged in the business do not have to furnish these bonds. usiness or occupation of providing such services. 3) The cost of appeal bonds or bonds to release attachments, but only for bond2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these 4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one"occurrence". investigation or defense of the claim or 2. MEDICAL EXPENSES suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described 5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit". accident: 6) Prejudgment interest awarded against 1) On premises you own or rent; the insured on that part of the judgment 2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not 3) Because of your operations;pay any prejudgment interest based on that period of time after the offer. provided that: 1) The accident takes 7) All interest on the full amount of any place in - the judgment that accrues after entry of the coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the 2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) 3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 4.9.d Packet Pg. 111 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred 1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be 2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will 3) The obligation to defend, or the cost of not reduce the Limits of Insurance. the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same"insured contract"; and necessary litigation expenses as 4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the 1) We have used up the applicable limit occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the 2) The conditions set forth above, or the indemnitee; terms of the agreement described in 5) The indemnitee and the insured ask Paragraph(6)above,are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverageandagreethatwecanassignthe same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury 6) The indemnitee: 1) "Bodily injury" or "property damage" a) Agrees in writing to: expected or intended from the i) Cooperate with us in the standpoint of the insured. This exclusion does not apply to "bodilyinvestigation, settlement or injury" or "property damage' resultingdefenseofthe"suit"; from the use of reasonable force to ii) Immediately send us copies of protect persons or property;or any demands, notices, 2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the"suit"; acquiescence of the insured with the iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b. Contractual Liability iv) Cooperate with us with 1) "Bodily injury"or"property damage";orrespecttocoordinatingother applicable insurance available 2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: suit"; and a) "Bodily injury", "property damage"or ii) Conduct and control the personal and advertising injury"that defense of the indemnitee in the insured would have in the such"suit". absence of the contract or agreement;or Form SS 00 08 04 05 Page 3 of 24 4.9.d Packet Pg. 112 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM b) "Bodily injury" or"property damage" b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business,or that is an "insured contract", 2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a property damage" occurs consequence of(1)above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in 1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for 2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. bodily injury" or"property damage"This exclusion does not apply to liability provided: assumed by the insured under an "insured i) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed in the same 1) "Bodily injury", "property damage" orinsuredcontract",and personal and advertising injury"ii) Such attorneys' fees• and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of"pollutants": resolution proceeding in which damages to which this a) At or from any premises, site or insurance applies are alleged. location which is or was at any c. Liquor Liability time owned or occupied by, or rented or loaned to any insured. Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: i) "Bodily injury"if sustained within 1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot 2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol;or cool or dehumidify the building, or equipment that is used to 3) Any statute, ordinance or regulation heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or theiruseofalcoholicbeverages. guests; This exclusion applies only if you are in the ii) "Bodily injury" or "propertybusinessofmanufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and Bodily injury"to: such premises, site or location 1) An "employee" of the insured arising is not and never was owned or occupied by, or rented or out of and in the course of: loaned to, any insured, other a) Employment by the insured; or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 4.9.d Packet Pg. 113 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or hostile fire"; subcontractor; b) At or from any premises, site or ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor;or as waste by or for: iii) "Bodily injury" or "property i) Any insured; or damage" arising out of heat, smoke or fumes from a ii) Any person or organization for hostile fire"; or whom you may be legally responsible; e) At or from any premises, site or location on which any insured or any d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on .operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, pollutants" are brought on or to or in any way respond to, or assessthepremises, site or location in the effects of,"pollutants". connection with such operations by such insured, contractor or 2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to:a) Request, demand,order or statutory i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or pollutants";or mechanical functions b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for mobile equipment"or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or. on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 4.9.d Packet Pg. 114 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM g. Aircraft,Auto Or Watercraft 2) The use of "mobile equipment" in, or Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured. Use includes i. War operation and"loading or unloading". Bodily injury", "property damage" or This exclusion applies even if the claims personal and advertising injury", however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision, hiring, 1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, if the "occurrence" which 2) Warlike action by a military force, caused the "bodily injury" or "property, including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured. 3) Insurrection, rebellion, revolution, - This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or1) A watercraft while ashore on premises defending against any of these. you own or rent; j. Professional Services 2) A watercraft you do not own that is: Bodily injury", "property damage" or a) Less than 51 feet long; and personal and advertising injury" arising b) Not being used to carry persons out of the rendering of or failure to render for a charge; any professional service. This includes 3) Parking an "auto" on, or on the ways but is not limited to: next to, premises you own or rent, 1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured;2) Preparing, approving, or failing to 4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or` field orders, change orders, designs or watercraft; drawings and specifications; 5) "Bodily injury" or "property damage" 3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) 4) Medical, surgical, dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment"; or instruction; 6) An aircraft that is not owned by any 5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this 6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily injury" or "property damage", whether appearance or skin enhancement, hair the other insurance is primary, excess, removal or replacement or personal contingent or on any other basis. grooming; h. Mobile Equipment 7) Optical or hearing aid services including the prescribing, preparation, Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of:ophthalmic lenses and similar 1) The transportation of"mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 4.9.d Packet Pg. 115 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM 8) Optometry or optometric services Paragraphs (1), (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing,damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit 9) Any: of Insurance applies to Damage To a) Body piercing (not including ear Premises Rented To You as described in piercing); Section D.-Limits Of Insurance. Paragraph (2) of this exclusion does not b) Tattooing, including.but not limited apply if the premises are "your work" andtotheinsertionofpigmentsintoorwereneveroccupied, rented or held for under the skin; and rental by you. c) Similar services; Paragraphs (3) and (4)of this exclusion do 10) Services in the practice of pharmacy;not apply to the use of elevators. and Paragraphs (3), (4), (5) and (6) of this 11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3) and (4)of this exclusion do Paragraphs(4) and (5)of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. Paragraph 1.e. in Section A.-Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the Property damage"to: products-completed operations hazard". 1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses Property damage" to "your product" incurred by you, or any other person,arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, restoration or maintenance of such Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or products-completed operations hazard". damage to another's property; This exclusion does not apply if the 2) Premises you sell, give away or damaged work or the work out of which abandon, if the"property damage"arises the damage arises was performed on your out of any part of those premises;behalf by a subcontractor. 3) Property loaned to you; n. Damage To Impaired Property Or 4) Personal property in the care, custody Property Not Physically Injured or control of the insured; Property damage" to "impaired property" or property that has not been physically5) That particular part of real property on injured, arising out of: which you or any contractors or subcontractors working directly or 1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or"your work"; or arises out of those operations;or 2) A delay or failure by you or anyone 6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 4.9.d Packet Pg. 116 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired c) Title of any literary or artistic work; Property 8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal b) Designing or determining content or disposal of: of web sites for others; or 1) "Your product"; c) An Internet search, access, 2) "Your work"; or content or service provider. 3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it.For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or Personal and advertising injury":linking to others on your web site, by 1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; 9) Arising out of an electronic chat room 2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; 10) Arising out of the unauthorized use of 3) Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead 4) Arising out of any breach of contract, another's potential customers; except an implied contract to use 11) Arising out of the violation of aanother's "advertising idea" in your advertisement";person's right of privacy created by any state or federal act. 5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that theanystatementofqualityor insured would have in the absence of performance made in your such state or federal act; advertisement"; 6) Arising out of the wrong description of 12) Arising out of: the price of goods,products or services; a) An "advertisement" for others on 7) Arising out of any violation of any your web site; intellectual property rights such as b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images;or advertisement", of d) Computer code, software or a) Copyright; programming used to enable: b) Slogan, unless the slogan is also I) Your web site; or a trademark, trade name, service ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 4.9.d Packet Pg. 117 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM 13) Arising out of a violation of any anti- a) May be awarded or incurred by trust law; reason of any claim or suit 14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would 15) Arising out of discrimination or not have occurred in whole or in humiliation committed by or at the part but for the"asbestos hazard"; direction of any "executive officer", b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or electronic data". c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, Bodily injury" or"personal and advertising monitoring, cleaning up, removing, injury"to: encapsulating, containing, treating, 1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the a) Refusal to employ that person; effects of an"asbestos hazard". b) Termination of that person's t. Violation Of Statutes That Govern E- employment;or Mails, Fax, Phone Calls Or Other c) Employment-related practices,Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation,Bodily injury", "property damage", or reassignment, discipline,personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: 2) The spouse, child, parent, brother or 1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; personal and advertising injury"to the 2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices described in Paragraphs(a), (b), or(c) law; or above is directed.3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the 1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — 2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or 1) "Bodily injury", "property damage" or explosion to premises rented to you or personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance 2) Any damages, judgments, settlements, applies to this coverage as described in loss,costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 4.9.d Packet Pg. 118 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for"bodily injury": are also insureds, but only with respect to their duties as trustees. a. Any Insured To any insured,except"volunteer workers".2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other than either your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by To a person, whether or not an you or while performing duties related to employee" of any insured, if benefits for the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation volunteer workers"are insureds for: or disability benefits law or a similar law. 1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. if you are a limited liability f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as:b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a)above; b. A partnership or joint venture, you are an c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds,but only with someone else who must pay respect to the conduct of your business.damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, b) above;or but only with respect to the conduct of your d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your"executive officers"and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds,but only 2) "Property damage"to property: with respect to their liability as stockholders. a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 4.9.d Packet Pg. 119 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any 1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or employees", "volunteer workers", any partner or member (if you are 2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment" registered in volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liabilitytemporarycustodyofyourpropertyifyouarisingoutoftheoperationoftheequipment,anddie, but only: only if no other insurance of any kind is available 1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured 2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance.a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft;or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 4.9.d Packet Pg. 120 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors h) "Bodily injury" or "property damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However,this or sold in the regular course of the vendor's exclusion does not apply to:business and only if this Coverage Part provides coverage for "bodily injury" or I) The exceptions contained in property damage" included within the Subparagraphs(d)or(f); or products-completed operations hazard". ii) Such inspections, adjustments, 1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions:undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is obligated to pay damages by 2) This insurance does not apply to any insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container,This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products.vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment b) Any express warranty 1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for"bodilyc) Any physical or chemical change injury", "property damage" or in the product made intentionally personal and advertising injury"by the vendor; caused, in whole or in part, by your d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer,, and then repackaged in the original container; Page 12of24 Form SS 00 08 04 05 4.9.d Packet Pg. 121 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM 2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any 1) Any state or political subdivision, but occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision 1) Any person or organization from has issued a permit. whom you lease land or premises, but 2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises a) "Bodily injury", "property damage" leased to you. or "personal and advertising 2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or a) Any "occurrence" which takes b) "Bodily injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party b) Structural alterations, new 1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or 1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on b) behalf: In connection with your premises Y owned by or rented to you; or a) In connection with your premises; c) In connection with "your work"and or included within the "products- b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. i) The written contract or written 2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies:such additional insured; and This insurance does not apply to ii) This Coverage Part provides bodily injury", "property damage" or coverage for "bodily injury" or personal and advertising injury" property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: 2) With respect to the insurance afforded a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, Bodily injury", "property damage" or reports, surveys, field orders, personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 4.9.d Packet Pg. 122 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve,apply to "property damage" to premises maps, shop drawings, opinions,while rented to you or temporarily reports, surveys, field orders,occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. b) Supervisory, inspection, 3. Each Occurrence Limit . architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business a. Insureds; Liability Coverage for damages because of property damage" to any one premises, while b. Claims made or"suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately property damage" included in the caused by the same event, whether such products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations"subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 4.9.d Packet Pg. 123 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this 1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages 2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses 3) Cooperate with us in the investigation,limit set forth in Paragraph 3.above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to 4) Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against anywiththebeginningofthepolicyperiodshowninthe person or organization that may beDeclarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply.deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence,by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional 1) How, when and where the "occurrence"insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, 2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to 3) The nature and location of any injury any additional insured only when such or damage arising out of the occurrence", offense, claim or "suit" is occurrence"or offense. known to: b. Notice Of Claim 1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional 2) Any partner, if you or an additional insured must:insured is a partnership; 1) Immediately record the specifics of the 3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and 4) Any "executive officer" or insurance 2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the 5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The 6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 4.9.d Packet Pg. 124 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to 3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury"Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists,follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages: below applies. If other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied 1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for 2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosionthisinsuranceorthatareinexcessofthe insurance for premises rented to youapplicablelimitofinsurance. An agreed settlement means a settlement and release'of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. 3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned property damage to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named Insured were the only 4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit"is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations 5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property 1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not 2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 4.9.d Packet Pg. 125 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM 6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages 1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance;and operations, for which you have been 2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. 7) When You Add Others As An We will share the remaining loss, if any,withAdditionalInsuredToThisanyotherinsurancethatisnotdescribedinInsurancethisExcessInsuranceprovisionandwasnot That is other insurance available to an bought specifically to apply in excess of the additional insured.Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will followPart:this method also. Under this approach, a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract,whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c.applicable limit of insurance to the total below. applicable limits of insurance of all insurers. b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any"suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 4.9.d Packet Pg. 126 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) s 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf:equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but onlytheperson(s)or organization(s)shown in the with respect to liability arising out of theDeclarationsasanAdditionalInsured -ownership, maintenance or use of that partDesignatedPersonOrOrganization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply:b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: 1) Any "occurrence" that takes place This insurance does not apply to:after you cease to lease that land; or 1) Any "occurrence" which takes place 2) Structural alterations;new after you cease to be a tenant in that construction or demolition operations ' premises; or performed by or on behalf of such person or organization. 2) Structural alterations,new construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision —Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 4.9.d Packet Pg. 127 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, except such operations performed 1) "Bodily injury", "property damage" or at the vendor's premises in personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality;or g) Products which, after distribution2) "Bodily injury" or "property damage" or sale by you, have been labeledincludedinthe "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured—Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C.is the vendor;or amended to include as an additional h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole referred to below as vendor)shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However,this your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's business and only if this Coverage Part i) The exceptions contained in Subparagraphs(d)or(f); or provides coverage for "bodily injury" or property damage" included within the ii) Such inspections, products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of 1) This insurance does not apply to: business, in connection with a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by 2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. b) Any express warranty 8. Additional Insured—Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer,while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 4.9.d Packet Pg. 128 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured —Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your 2) Television; behalf: 3) Billboard; 1) In the performance of your ongoing 4) Magazine; operations for the additional insured(s); or 5) Newspaper; 2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products-services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. property damage" included within the However, "advertisement" does not include: products-completed operations hazard". a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying advertisement". services, including: 3. "Asbestos hazard" means an exposure or 1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public 2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co- c. Disease Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08.04 05 4.9.d Packet Pg. 129 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in a. above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means: 1) Goods or products made or sold by you in the territory described in a.above; a. A contract for a lease of premises. However, that portion of the contract for a 2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in a.person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by 3) "Personal and advertising injury"you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on;connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks,including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for"bodily injury" or "property damage"to a third person or organization,8. "Employee" includes a "leased worker". Employee" does not include a "temporary provided the "bodily injury" or "property worker". damage" is caused, in whole or in part, by you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph f. includes that part of any. 10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property,demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, a. It incorporates "your product" or "your work"underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient,inadequate or dangerous;or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 4.9.d Packet Pg. 130 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM 1) That indemnifies an architect, 1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: 2) Road construction or resurfacing a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers; drawings, opinions, reports, e. Vehicles not described in a., b., c., or d. surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the b) Giving directions or instructions,following types: or failing to give them, if that is the 1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage;or welding,building cleaning, 2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or 2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render professional services, including those f. Vehicles not described in a., b., c., or d. listed in (1) above and supervisory,above maintained primarily for purposes inspection,architectural or other than the transportation of persons or engineering activities. cargo. 13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing firm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but firm,to perform duties related to the conduct of will be considered"autos": your business. "Leased worker" does not 1) Equipment, of at least 1,000 pounds include a"temporary worker". gross vehicle weight, designed 14. "Loading or unloading" means the handling of primarily for: property: a) Snow removal; a. After it is moved from the place where it is b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or"auto c) Street cleaning; b. While it is in or on an aircraft, watercraft or 2) Cherry pickers and similar devices auto"; or mounted on automobile or truck c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or"auto" to the place where it is workers; and finally delivered; 3) Air compressors, pumps and but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding,building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft,watercraft or"auto". well servicing equipment. 15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury"means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses: b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 4.9.d Packet Pg. 131 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies,treated as completed. committed by or on behalf of its owner,The "bodily injury" or "property damage"landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services;own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of property damage"arising out of: privacy; 1 The transportation of property, f. Copying, in your "advertisement", a P P P rty, unless PY 9.Y the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea"or style of"advertisement"; or operated by you, and that condition g. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any advertisement"; or insured; or h. Discrimination or humiliation that results in 2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials. 18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled,property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the 19. "Products-completed operations hazard"; physical injury that caused it; or a. Includes all "bodily injury" and "property b. Loss of use of tangible property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product"or"your work"except: occurrence"that caused it. 1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property. 2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. a) When all of the work called for in Suit" includes: your contract has been completed. a. An arbitration proceeding in which such b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with your contract calls for work at our consent; or more than one job site. b. Any other alternative dispute resolution c) When that part of the work done at proceeding in which such damages are a job site has been put to its claimed and to which the insured submits intended use by any person or with our consent. organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your"employee"; Form SS 00 08 04 05 Page 23 of 24 1 4.9.d Packet Pg. 132 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; 2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions. scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work": 24. "Your product": a. Means: a. Means: 1) Work or operations performed by you 1) Any goods or products, other than real or on your behalf; and property, manufactured,sold, handled, 2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work a) You; or operations. b) Others trading under your name; b. Includes: or 1) Warranties or representations made at c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of"your work"; and 2) Containers (other than vehicles), 2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes: 1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product"; and Page 24 of 24 Form SS 00 08 04 05 6 4.9.d Packet Pg. 133 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) THIS ENDORSEMENT.CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEC F01730 Endorsement Number: 01 Effective Date: 01/05/15 Effective' hour is the same as stated on the Information Page of the policy. Named Insured and Address: INDIGO/HAMMOND & PLAYLE ARCHITECTS, LLP 909 5TH ST DAVIS, CA 95616 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description ANY PERSON OR ORGANIZATION TBD FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Countersigned by Authorized Representative Form WC 04 03 06 . (1) Printed in U.S.A. Process Date: 01/27/15 Policy Expiration Date:, 01/05/16 4.9.d Packet Pg. 134 At t a c h m e n t : 4 . O r i g i n a l A g r e e m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.e Packet Pg. 135 At t a c h m e n t : 5 . F i r s t A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.e Packet Pg. 136 At t a c h m e n t : 5 . F i r s t A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.e Packet Pg. 137 At t a c h m e n t : 5 . F i r s t A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.e Packet Pg. 138 At t a c h m e n t : 5 . F i r s t A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.f Packet Pg. 139 At t a c h m e n t : 6 . S e c o n d A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.f Packet Pg. 140 At t a c h m e n t : 6 . S e c o n d A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.f Packet Pg. 141 At t a c h m e n t : 6 . S e c o n d A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.g Packet Pg. 142 At t a c h m e n t : 7 . T h i r d A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.g Packet Pg. 143 At t a c h m e n t : 7 . T h i r d A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.g Packet Pg. 144 At t a c h m e n t : 7 . T h i r d A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) 4.9.g Packet Pg. 145 At t a c h m e n t : 7 . T h i r d A m e n d m e n t ( A p p r o v a l o f a m e n d m e n t # 4 t o I n d i g o ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Boulevard Public Art Master Plan Prepared by: Tegan McLane, Cultural Arts & Heritage Manager EXECUTIVE SUMMARY: The City Council will consider approval of the Boulevard's Public Art Master Plan. The Public Art Master Plan outlines goals of the art installation, locations throughout the community where it proposes to install public art, types of art it plans to install, and the procedure for selecting individual artists and artwork. STAFF RECOMMENDATION: Approve Boulevard's Public Art Master Plan, as recommended by the Heritage and Cultural Arts Commission. FINANCIAL IMPACT: There is no impact to the General Fund. This artwork is funded entirely by the developer. DESCRIPTION: Boulevard is a multi-neighborhood residential development in Dublin Crossing Specific Plan. The development is being constructed in five phases, and the developer is opt ing to install public art on site. The total public art valuation for all five phases is in excess of $2.37 million. Due to the complexity of the project, phased nature of the construction and high valuation of the artwork, Planning and Public Art staff agreed it was not practical to require the Developer to install all of its artwork prior to the issuance of the first occupancy permit, as is the normal sequence. The developer, Dublin Crossing LLC, was permitted, in its Site Development Review Plan, to allow for the art to be installed in phases, with approval of a Public Art Master Plan and a Public Art Installation and Maintenance Agreement as the first phase to be 4.10 Packet Pg. 146 Page 2 of 2 completed before first occupancy. Individual pieces of artwork will still require approva l by the City Council, following a review and recommendation by the Heritage and Cultural Arts Commission. The Site Development Review document outlining this procedure was approved at the Planning Commission's June 14, 2016 meeting (Resolution No. 16-10). Boulevard's Public Art Master Plan outlines goals that it hopes to achieve in installing the art, locations throughout the community where it proposes to install public art, types of art it plans to install, and the procedure for selecting individual artists and artwork. This is similar to the information that is typically contained in municipal public art plans. In addition, Boulevard has conducted public outreach in the same manner that developers seek input on specific art pieces. Boulevard presented its site plan to the public, through a table at the Dublin Farmers' Market on August 10. Public response to the proposed locations was positive. The Heritage and Cultural Arts Commission reviewed Boulevard's Public Art Master Plan at its September 14, 2017 meeting and voted unanimously to recommend that the City Council approve the Plan. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The Developer was provided with a copy of the Staff Report. ATTACHMENTS: 1. Boulevard Public Art Master Plan 4.10 Packet Pg. 147 Art Master Plan September 2017 4.10.a Packet Pg. 148 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 1TABLE OF CONTENTS | TABLE OF CONTENTS Introduction.....................................................2 City Goals........................................................3 Boulevard Vision...............................................4 The Art Selection Process....................................5 Developer Financial Obligation..........................6 Site Plan...........................................................7 Locations.........................................................8 The Office Pocket Park.......................................9 Dimensions...........................................10 Rendering........................................11 The Gallery Pocket Park.....................................12 Dimensions...........................................13 Rec Center&Ped Corridor.................................14 Dimensions...........................................15 Rendering............................................16 The Lounge Pocket Park....................................17 Dimensions...........................................18 Rendering............................................19 Veteran’s Memorial - 30-acre Public Park.............20 Potential Artists...............................................21 Public Review of Design....................................24 Appendix......................................................25 4.10.a Packet Pg. 149 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 2 INTRODUCTION Public art is not an art “form.” Its size can be huge or small. It can tower 50 high or call attention to the paving beneath your feet. Its shape can be abstract or realistic or both, and it may be cast, carved, built, assembled, or painted. It can be site-specific or stand in contrast to its surroundings. What distinguishes public art is the unique association of how it is made, where it is, and what it means. Public art can express community values, enhance our environment, transform a landscape, heighten our awareness, or question our assumptions. Placed in public sites, this art is there for everyone, a form of collective community expression. Public art is a reflection of how we see the world – the artist’s response to our time and place combined with our own sense of who we are. INTRODUCTION | 4.10.a Packet Pg. 150 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 3 CITY GOALS PUBLIC ART PROGRAM GOALS Establish and enhance pedestrian friendly public spaces such as parks, plazas, path- ways, public restrooms, parking lots and other places where people gather. Strengthen the unique character of individual neighborhoods, business districts and transit corridors with artwork that relates to the site’s purpose, history and nat- ural environment. Provide numerous opportunities for Dublin’s citizens to gain a deeper understand- ing and appreciation for visual art. Enhance the City’s identity and regional image by actively promoting Dublin’s unique public art collection. Encourage the creation of artworks that are integrated into the City’s built environ- ment, including signage, gateways, sidewalks, bus stops, bollards, parking structures, crosswalks and other public amenities. Ensure community support for the artworks through public participation in artist selection and artwork development. CITY GOALS | 4.10.a Packet Pg. 151 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 4 BOULEVARD VISION Boulevard is a master-planned community buzzing with life in the heart of Dublin and walking distance to the Dublin/Pleasanton BART Station. It is also conveniently located near local eateries, shopping, entertainment and the 580/680 freeway inter- change. Our vision is for Boulevard to be Northern California’s destination for vibrant living. Boulevard will be an active, urban community comprised of single-family homes, penthouses, flats, townhomes, and condos. Here, residents will connect and mingle in dynamic social spaces, pedestrian-friendly streets, a walk/bike trail, a Recreation Center with Co-Working Spaces, and 15 uniquely themed neighborhood parks also known as the following Pocket Parks: •The Lounge •The Kitchen •The Retreat •The Well •The Gym •The Garden •The Playground •The Town Square •The Dog House •The Office •The Lawn •The Hangout •The Library •The Track •The Gallery Our Public Art locations were selected based upon the best pedestrian interface po- tential and highest visibility. Nestled throughout the community, the public art pieces will aspire to add visual interest as well as dialog in bringing people together. The Bike Rack Art is both form and functional with the hope to encourage cycling throughout the community which may foster a greener and healthier lifestyle. Our master plan includes an intended donation to the City of Dublin toward the Veteran’s Memorial Artwork, currently planned in our Community Park. We are offering the City $200,000 to increase the scope of the proposed Veteran’s Memorial Art in our community park. We fully support the City Council’s vision to have a significant piece of art which will pay homage to the historic use of the land where Boulevard is located for military installations since World War II. This donation will require future City Council approval. BOULEVARD VISION | 4.10.a Packet Pg. 152 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 5PUBLIC ART SELECTION PROCESS | PUBLIC ART SELECTION PROCESS DEVELOPER SELECTION OF ARTISTS The Developer Selection Committee reviews the qualifications of up to 20 artists. PUBLIC REVIEW OF DESIGNS An outreach meeting will be convened at a local and public event that allows for the public to review and comment on the concepts in detail, sample renderings and ma- quette. HERITAGE AND CULTURAL ARTS COMMISSION MEETING The Heritage and Cultural Arts Commission reviews the outcome of the Public Re- view meeting. The Heritage and Cultural Arts Commission reviews projects based on whether or not they meet the goals and criteria identified in the Public Art Master Plan. Artists are required to attend the Heritage and Cultural Arts Commission Meet- ing and are expected to briefly present their concept, material samples renderings and maquette. The Heritage and Cultural Arts Commission will make a recommenda- tion to the City Council to accept one design. CITY COUNCIL REVIEW City Council will review the proposed design recommended by the Heritage and Cul- tural Arts Commission. The Artist is required to attend the City Council meeting. The Artist will be notified in advance if City Council requests a presentation. In many cas- es, the Artists is present only to answer questions from the City Council regarding the proposal. The City Council approves design proposals and artist contracts. ADDITIONAL LOCATIONS With any remaining funds available, the developer may opt to add Public Art in the additional locations or pay the remaining amount in the form of an in-lieu fee to the City after the completion of the six approved locations. 4.10.a Packet Pg. 153 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 6DEVELOPER FINANCIAL OBLIGATION DEVELOPER FINANCIAL OBLIGATION PUBLIC ART DEVELOPER FINANCIAL OBLIGATION PHASE BUILDING VALUATION PUBLIC ART VALUATION (0.5% of Building Valuation) N1-N6 1 $139,273,068.00 $696,365.34 N7-N18 2-3 $225,035,646.00 $1,125,178.23 N19-N24 4-5 $179,771,535.00 $898,857.68 4.10.a Packet Pg. 154 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 7SITE PLAN | BO ULE V A R D DUBLIN, CA L I FORNI A AUGUST 2017 P UBLIC A R T MAST E R P L A N 0 100 200 400 Option 1 Option 2 Benches and Bike Racks at Rec Center Plaza Tall Statement Art at Entry to Rec Center and Pedestrian Corridor Tall Statement Art at Pocket Park The Gallery Shade Structure at Pocket Park The Office Veteran’s Memorial in 30-acre Public Park Portal Element at The Lounge Pocket Park in Neighborhood 4 Additional Locations - if necessary BOULEVARD DUBLIN, CA L I FORNI A AUGUST 2017 P UBLIC A R T MAST E R P L A N 0 100 200 400 Option 1 Option 2 Benches and Bike Racks at Rec Center Plaza Tall Statement Art at Entry to Rec Center and Pedestrian Corridor Tall Statement Art at Pocket Park The Gallery Shade Structure at Pocket Park The Office Veteran’s Memorial in 30-acre Public Park Portal Element at The Lounge Pocket Park in Neighborhood 4 Additional Locations - if necessary 4.10.a Packet Pg. 155 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 8 LOCATIONS LOCATIONS | 4.10.a Packet Pg. 156 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 9 ST E R L I N G S T R E E T NUGGET WAY THE OFFICE-POCKET PARK OVERALL THE OFFICE POCKET PARK| 4.10.a Packet Pg. 157 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) T R D 1 0 ' - 0 " 27' PLAN A - SCALE 1"=10'-0" NUGGET WAY 10DIMENSIONS | 4.10.a Packet Pg. 158 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 11THE OFFICE POCKET PARK - RENDERING | Public Art - Trellis 4.10.a Packet Pg. 159 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 12 Sidewalk Boulevard Accent Paving Park Entry Monumentation Street Tree AR N O L D R O A D Trees in Tree Grates CAN A L AC Access Road Public Art Seating PSE (Public Service Easement) Prop Boundary THE GALLERY-POCKET PARK OVERALL THE GALLERY POCKET PARK | 4.10.a Packet Pg. 160 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 13 70'-5 " 50'-11" DIMENSIONS | 4.10.a Packet Pg. 161 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 14 REC CENTER&PED CORRIDOR OVERALL Public Art - Benches Public Art Bike Racks Public Art - Tall Statement Piece REC CENTER & PED CORRIDOR | 4.10.a Packet Pg. 162 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 15 UP DIMENSIONS | 4.10.a Packet Pg. 163 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 16REC CENTER&PED CORRIDOR - RENDERING | Public Art - Benches Public Art - Bike Racks Public Art - Tall Statement Piece 4.10.a Packet Pg. 164 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 17 THE LOUNGE-POCKET PARK Seatwall Double Sided Fireplace with Seating Shade Trees with Seating Elements Bollard Lights Accent Lights Pedestrian Connection Park Entry Element Pedestrian Connection Tree in Tree Grate at Parking Large Specimen Tree Children’s Play Area Accent Paving Large Umbrellas with Seating Beneath Public Art Installation OVERALL THE LOUNGE POCKET PARK | 4.10.a Packet Pg. 165 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 18 C B 6' 6' DIMENSIONS | 4.10.a Packet Pg. 166 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 19THE LOUNGE POCKET PARK - RENDERING | Public Art Installation 4.10.a Packet Pg. 167 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 20 VETERAN’S MEMORIAL VETERANS MEMORIAL - 30 ACRE PUBLIC PARK | Permanent Public Art Temporary Public Art Option 1 Option 2 Option 1 Option 2 This is a separate City project to which the developer will be contributing funds in the amount of $200,000. 4.10.a Packet Pg. 168 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 21 POTENTIAL ARTISTS POTENTIAL ARTISTS | 4.10.a Packet Pg. 169 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 22 KEVIN BOX Kevin Box was conceived in New Mexico, born in Pennsylvania, grew up in Oklahoma and received his higher education in Georgia, New York City and Texas. He now resides in Santa Fe, New Mexico with his wife Jennifer. As a boy he lived in Bartlesville, Oklahoma, beneath “the tree that escaped the crowded forest,” Frank Lloyd Wright’s only built skyscraper. Throughout high school Box studied graphic arts and apprenticed summers at an Uncles design firm in Atlanta Georgia. It was in there that Box’s passion for creativity was developed, where he formed his relationship with design and with paper. Box received a four year scholarship to study graphic design at the School of Visual Arts in New York City. Fol- lowing his junior year, an Art History grant took him to Greece for three weeks, providing him the oppor- tunity to see some of the great antiquities of the world first hand. The experience forever changed him, “I realized that all of my graphic design work was ending up in the landfill as trash and I discovered the du- rability of the conversation that continues through the history of art and I wanted to be a part of that.” Box pursued this new passion by changing his major to fine art. He focused on sculpture and art in public places be- cause in his mind “printmaking didn’t fit the challenge.” After graduating with a BFA, he left paper behind and began working in an Atlanta foundry but quickly realized there were more foundries to learn from in Austin, TX. For three years he labored under a self-imposed apprenticeship to become proficient in metal casting. By working in the foundries, he attained an exhaustive knowledge of the casting techniques and fabricating processes necessary to create durable works of art. The artists he worked for mentored him through his exploration of style as well as the business of art. Eventually his dedication helped him manage and build one of the largest fine art foundries in Texas and Box used that opportunity to develop his own voice. “The best thing I ever did was to trade a raise in pay for casting rights in the foundry. I moved to the smallest town I had ever lived in to be closer to the shop and worked there from dawn till dusk. ” That decision afforded him the freedom of experimentation. Ignited with inspiration, a full service studio to work in and a treasure trove of paper found in the warehouse of an old print shop the foundry was rent- ing, he started working with paper again. “It took two years of tireless experimentation for me to devel- op the process of casting paper into bronze, another seven years to perfect, and it continues to evolve today.” From the beginning, Box’s work received recognition from other artists and collectors alike. His unique style married paper with the age old tradition of bronze casting and refreshed audiences. In 2004, he was elected as the youngest member of the National Sculptors Guild and was recognized by Southwest Art Magazine as one of the top 21 artists under 31 in the southwest. Box exhibited throughout the country on a vigorous schedule of festival shows that pro- vided him with valuable feedback and direct communication to thousands of connoisseurs and collectors. He dis- covered the art markets of the country and professional galleries that wanted exclusive representation of his work. He continued pursuing art in public places throughout the country and in 2006, moved to Santa Fe, New Mexico. Box continues to push the boundaries of the casting process. His unique style and approach, combined with an innovative vision like no other, contributes to his aspiration of place within 21st Century Art History. POTENTIAL ARTISTS | 4.10.a Packet Pg. 170 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 23 JEFFIE BREWER Jeffie Brewer grew up in a small, rural town in East Texas. The son of eccentric junk yard owners, he learned to spot beauty in the mundane, developed an array of industrial skills and discovered he had a knack for drawing. Those early revelations have influenced his artistic trajectory ever since. Jeff earned an MFA in sculpture and metals and an MA in sculpture and painting from Stephen F. Austin State University in Nacogdoches, Texas. He also holds a BFA in drawing, printmaking and jewelry making from Sam Houston State University in Huntsville, Texas. He has taught a wide range of undergraduate and graduate level art classes, from sculpture to typography to expressive drawing, at Stephen F. Austin State University, Angelina College and University of Texas at Tyler. Since his first exhibition in 1998, his work has appeared in both solo and group shows across America and in Mexico and Japan. In addition to his academic career, Jeff has utilized his artistic talents as the owner of a graphic design and sign production company (Gorilla Graphics, 1994-1996), as an illustrator and designer for an ad- vertising firm (Point A Media, 1999-present) and as the founder and president of a design and fabrica- tion company (Orange Cat, Inc., 2002-present). He also designed, fabricated and built his own home. Jeff is married to the love of his life, Angie, whom he credits with saving him from impending doom. His interests include teaching, golf, dogs, plants, the letter z, singularity, a ten foot putt, fresh figs, harmony, understanding, tulips, the tango, long runs, cut grass, the color teal, clouds, rust stains on concrete, clouds, small violent birds, the realization of exactly how fast time goes by, the num- ber 7, politricks, cows, short walks, good stories, using the word "sans" and lying in the sun. POTENTIAL ARTISTS | 4.10.a Packet Pg. 171 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 24 PUBLIC REVIEW OF PROPOSED LOCATIONS Public Review of Proposed Locations| First American Title provided Boulevard with a Farm list of 471 names of individuals within a 300 Ft Radius of Boulevard. Also included in that list were individuals who own the property, yet may not reside at the location. 471 postcards were mailed via first class postage stamp on August 4, 2017. On August 10, 2017 Boulevard set up a booth at the Emerald Glen Farmers Market in Dublin from 4- 8 PM. Two Boulevard representatives were present along with a rendering of the proposed public art locations. We had approximately 50 guests stop by the booth. Overall the public was pleased to see more Public Art in Dublin. There were general comments made such as the following: • Looks good • Nice of you to share and get community input • Wow, there will be public art too. • I don’t live in Dublin, but it could be a destination to view this art. • Very nice, where will the Valley Children’s Museum be? • Too much traffic, nice to see you are adding another street. Hopefully it helps with Dublin Blvd traffic. • Locations are fine, when will art be complete? One visitor has been a resident since 2003 had the following comment: • Too much traffic will increase traffic inflow to 580 and 680. Working from home trend is re versing because people are abusing time. Google and Yahoo are no longer offering remote work. Actual Comment Cards - 6 [Copies of comment cards provided in Appendix] 1. Send locations on Public Art to commenter. Sent follow-up email and she responded “Thank you for your email. I would very much like to know more about the project so do share your final maps. Also, what kind of art were you planning to exhibit, am very much a big supporter of public art.” 2. Looks interesting. Loved the park setting. 3. Nice! Wants to buy. 4. Dublin Blvd. is too many traffic, it’s a good idea to open road to decrease the Dublin Blvd. traffic. 5. The location is accessible to transportation. Nice location. 6. Connect Horizon Pkwy to Village Pkwy. Two individuals took comment cards to mail in their reply. As of 9/6/17 we have not received via mail. As we proceed to the next phase of Public Art, which will include artist selection and completion time line, we will add the Heritage & Cultural Arts Commission to the list of organizations to notify. We target beginning the next phase in late 2017/early 2018. 4.10.a Packet Pg. 172 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 25 APPENDIX APPENDIX 4.10.a Packet Pg. 173 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 26 APPENDIX APPENDIX 4.10.a Packet Pg. 174 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 27 APPENDIX APPENDIX 4.10.a Packet Pg. 175 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 28 APPENDIX APPENDIX 4.10.a Packet Pg. 176 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 29 APPENDIX APPENDIX 4.10.a Packet Pg. 177 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) 30 APPENDIX APPENDIX 4.10.a Packet Pg. 178 At t a c h m e n t : 1 . B o u l e v a r d P u b l i c A r t M a s t e r P l a n ( B o u l e v a r d P u b l i c A r t M a s t e r P l a n ) Page 1 of 7 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendments to Dublin Municipal Code Chapter 7.04 (Encroachments), Chapter 8.92 (Wireless Communication Facilities), Chapter 8.36 (Development Regulations) and Chapter 8.104 (Site Development Review) pertaining to Wireless Communication Facilities effective city- wide Prepared by: Amy Million, Principal Planner and Laurie Sucgang, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will consider amendments to the Dublin Municipal Code related to wireless communication facilities on private property and within the public right -of-way. This includes amendments to Chapter 7.04 (Encroachmen ts), Chapter 8.92 (Wireless Communication Facilities), Chapter 8.36 (Development Regulations) and Chapter 8.104 (Site Development Review). The proposed amendments are necessary in order to comply with the Middle Class Tax Relief and Job Creation Act of 201 2 (Act), and further clarifies the regulation of wireless communications facilities located on private property and in the public right-of-way. The Act restricts local regulation of wireless communication facilities and provides an expedited permitting pro cess under certain circumstances. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and INTRODUCE an Ordinance Amending Chapter 7.04 of the Dublin Municipal Code Relating to Development and Encroachment Permits for Wireles s Communications Facilities, and waive the reading an INTRODUCE an Ordinance Amending Chapter 8.92, 8.36, and 8.104 of the Dublin Municipal Code Relating to Development of Wireless Communications Facilities, effective city-wide. FINANCIAL IMPACT: None. 6.1 Packet Pg. 179 Page 2 of 7 DESCRIPTION: Background The Telecommunications Act of 1996 (the “Telecom Act”) was signed into law by President Clinton in February 1996 and reflected the changes and rapid growth of telecommunications technologies. Under the Telecom Act, local zoning a uthorities were granted the ability to regulate the location and design of wireless communication facilities within their jurisdictional area through a discretionary permit process. In response to the Telecom Act, the City of Dublin amended the Dublin M unicipal Code (DMC) to adopt the Wireless Communication Facilities ordinance (DMC Chapter 8.92) in October 2000. The purpose and intent of the ordinance was to provide a uniform and comprehensive set of standards for the development and installation of wir eless communication facilities and to protect and promote public health, safety, community welfare and aesthetic qualities in the City. Since adoption of the Telecom Act and DMC Chapter 8.92, wireless technology has substantially changed. For example, in recent years, wireless carriers are seeking to install smaller wireless communication facilities in the public right -of-way. These “small cell facilities” are integrated into the carrier’s existing wireless network to increase capacity. Concurrent with the new technology, there have been changes in wireless facilities law at both the federal and state levels. The DMC does not address these new technologies or new regulations, most notably Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. Middle Class Tax Relief and Job Creation Act The U.S. Congress adopted the Middle Class Tax Relief and Job Creation Act of 2012 (Act) which established additional regulations of wireless facilities and expedited permitting process for modification of and collocation to existing facilities. Section 6409(a) of the Act established new requirements for modification and collocation of existing wireless telecommunication towers and base stations. The Act restricts local land use authority and states that a local government may not deny, and shall approve, any “eligible facilities request” for a modification of an existing wireless tower or base station that does not substantially change the physical dimension of such tower or base station. An “eligible facilities request” refers to any request for modification of an existing wireless tower or base station that involves: Collocation of new transmission equipment, Removal of transmission equipment, or Replacement of transmission equipment. For the purposes of this Staff Report, the following terms are described and simplified as follows: 6.1 Packet Pg. 180 Page 3 of 7 “Collocation” refers to the mounting of a wireless communication facility on the same tower or structure as an existing wireless communication facility. “Tower” refers to a pole, mast, monopole, lattice tower, etc. “Base station” refers to any structure that is not a tower. Section 6409(a) of the Act does not define what constitutes a “substantial change” to an existing tower or base station. However, the Federal Communication Commission (FCC) issued rules and clarifications for modification of wireless telecommunication facilities that defined “substantial change”. According to the FCC, a modification substantially changes the physical dimension of a wireless tower or base station if it meets any one of the following criteria: Type of Modification: Type of Facility: Towers (outside the public right- of-way) Towers (inside the public right-of-way) and all Base Stations Height More than 10% or one additional antenna array with the separation from the nearest antenna is more than 20 feet More than 10% or 10 feet, whichever is greater Width More than 20 feet, or more than the width of the tower, whichever is greater More than 6 feet Equipment Cabinets Installation of more than 4 cabinets. Installation of any equipment cabinets if there are no pre- existing ground cabinets, or ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets Excavation/ Deployment Beyond Site Excavation or deployment outside of the current boundaries of the leased or owned property surrounding the tower and any access or utility easements Excavation or deployment beyond the area in proximity to the structure/equipment Defeat Concealment Elements Defeat the concealment elements of the wireless tower or base station Defeat Other Conditions Not comply with the condition of approval, unless the non - compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the ‘substantial change’ thresholds. Regardless of the above, all modifications remain subject to building codes and other non-discretionary structural and safety codes. 6.1 Packet Pg. 181 Page 4 of 7 Proposals Requiring Expedited Processing Under §6409(a) Under the Act, the City must act on an application for a Section 6409(a) modification within 60 days unless the City notifies the applicant within 30 days that the specific information in the application is incomplete. After the applican t makes a supplemental filing, the agency has 10 days to notify the applicant if the application remains incomplete. If no decision on the application is made during the 60 -day review period (approval or denial), the request is “deemed granted.” Current Request The DMC regulates wireless communication facilities in the public right -of-way (Title 7 Public Works) and on private property (Title 8 Zoning). Staff is proposing amendments to both sections of the DMC in order to ensure that the City’s wireless reg ulations are in compliance with federal regulations, and to further clarify our local regulations. ANALYSIS: The following is an overview of the proposed amendments to Title 7 (Public Works) and Title 8 (Zoning Ordinance) to address wireless communication facilities in the public right-of-way and on private property. For the complete Ordinance amendments, please refer to Attachments 1 and 2. Encroachments (Chapter 7.04) A new permit, Personal Wireless Service Facility Permit, is proposed to specificall y address the application, development standards, review process, notification requirements, and permit issuance for wireless communication facilities within the public right-of-way, which is intended to be a sub-category or type of encroachment permit. Modifications to DMC Chapter 7.04 (Encroachments) included added terms and definitions related to the new permit, clarification of the use of the term “facilities” to include both above-ground and below-ground facilities, clarification on the potential denial of proposed street cuts or trenches on newly paved or treated streets, requirement for obtaining a Personal Wireless Service Facility Permit to construct, install, or maintain such a facility, and development standards for the size, shape, color, and height of the facilities. Please refer to Attachment 1 for the proposed amendments to DMC Title 7. Wireless Communication Facilities (Chapter 8.92) Staff completed a comprehensive review of the existing ordinance (Chapter 8.92) and evaluated ways to clarify the regulations and simplify the implementation of those regulations. As a result, sections of the existing ordinance were reorganized, relocated, and/or removed. For example, language was simplified; where there were consistent themes in the criteria or regulations they were consolidated (i.e. design based regulations were moved to Design Criteria and location -based criteria were move to Location Criteria) and duplicative regulations were removed. 6.1 Packet Pg. 182 Page 5 of 7 Definitions (Section 8.92.030) The City’s existing ordinance has a multitude of definitions for the technical terms related to wireless communication facilities. The proposed ordinance simplifies these definitions and eliminates the overly technical terms that have no relationship to the aesthetics of a facility, which is what the ordinance regulates. Application Requirements (Section 8.92.060) Section 6409(a) of the federally adopted Act, limits the application materials that the City can require for qualified modifications and collocations. The City may req uire an application, but may only seek documentation about whether the facility meets Section 6409(a) requirements. The City may not require documentation proving the need for the proposed modification or collocation. In response, the draft ordinance separ ates the application requirements for new facilities and modifications, and the application requirements for facilities which qualify under Section 6904(a). Development Regulations (Chapter 8.36) Staff is also proposing amendments to the Development Regulations Ordinance (DMC Chapter 8.36) to ensure internal consistency in the Zoning Ordinance to clarify that the height limit exceptions (Section 8.36.110.C.3.c) do not apply to new wireless communication facilities. Instead, new wireless communication faci lities are solely regulated by Chapter 8.92 and are limited to the height for the district in which they are located. However, it should be noted that modifications to existing wireless communication facilities that qualify under Section 6409(a), may excee d the height limits established by the Zoning Ordinance. Site Development Review (Chapter 8.104) The proposed amendments to Chapter 8.104 clarify the approval authority for wireless communications facilities (new facilities, collocations, modifications and Section 6409(a) modifications), and ensure compliance with federal law as well as internal consistency with the proposed amendments to Chapter 8.92 as described above. The proposed amendments exempt minor modifications to approved facilities from a Site Development Review Permit (SDR) if not visible from the public right -of-way. Otherwise, a Site Development Review Waiver is required for modifications that are consistent with an approved Site Development Review Permit. The proposed ordinance amends the review process to provide for expedited processing under Section 6409(a), by requiring a Site Development Review Waiver for such applications. The ordinance also requires applicants to demonstrate that their proposals meet the criteria for streamlined processing under Section 6409(a) as a part of their application. All other new or modified facilities would continue to require a Site Development Review Permit from the Community Development Director. Please refer to Attachment 2 for the proposed amendments to DMC Title 8. 6.1 Packet Pg. 183 Page 6 of 7 PLANNING COMMISSION REVIEW: The Planning Commission considered to amendments to DMC Title 8 Zoning Ordinance (Chapters 8.36, 8.92 and 8.104) on September 26, 2017. The Planning Commission’s review excluded the review of the proposed ch anges to Chapter 7.04 as facilities within the public rights-of-way are regulated by the Public Works Department and are outside the purview of the Planning Commission. The Planning Commission unanimously recommended approval of the proposed amendments to the Zoning Ordinance with a minor modification to waive the alternative site analysis for facilities that are fully - concealed from view. Staff supports the proposed modification (Attachments 3 and 4). CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed amendments to the Dublin Municipal Code are consistent with the Dublin General Plan, all applicable Specific Plans and the Zoning Ordinance in that the Amendments are consistent with applicable land use designations and gener al development policies. The amendments also include minor revisions for internal consistency within the Dublin Municipal Code. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. The Public Notice was provided to all persons who have expressed an interest in being notified of meetings. The Staff Report for this public hearing was also made available on the City’s website. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending that the project be found exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment. Pursuant to the FCC, changes to an existing telecommunications facility that complies with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, are considered minor changes and amending the Zoning Ordinance to comply with this Federal law would not impact the environment. As such, the proposed Zoning Ordinance Amendment is not subject to CEQA. ATTACHMENTS: 1. Draft Ordinance Amending Chapter 7.04 of the Dublin Municipal Code Relating to Development and Encroachment Permits for Wireless Communications Facilities 2. Amending Chapter 8.92, 8.36, and 8.104 of the Dublin Municipal Code Relating to Development of Wireless Communications Facilities 3. Planning Commission Draft Minutes 09.26.17 4. Planning Commission Resolution No. 17-11 6.1 Packet Pg. 184 Page 7 of 7 6.1 Packet Pg. 185 ORDINANCE NO. XX-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AMENDING CHAPTER 7.04 OF THE DUBLIN MUNICIPAL CODE RELATING TO DEVELOPMENT AND ENCROACHMENT PERMITS FOR WIRELESS COMMUNICATIONS FACILITIES The City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 7.04 (Encroachments) of the Dublin Municipal Code is hereby amended to read as follows: Article I. General Provisions 7.04.010 Definitions. Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter: “City Engineer” means the City Engineer or his designee. “Encroach” or “encroachment” means and includes going upon, over, under, or using any street in such a manner as to prevent, obstruct, or interfere with its normal use, including but not limited to the performance thereon of any of the following acts: A. Excavating, filling or disturbing the street; B. Erecting or maintaining any post, pole, fence, guard rail, wall, loading platform, or other structure on, over, or under the street; C. Planting any tree, shrub, or other growing thing within the street; D. Placing or leaving on the street any rubbish, brush, earth, or other material of any nature whatever; E. Constructing, placing, or maintaining on, over, under, or within the street any pathway, sidewalk, driveway, or other surfacing, any culvert or other surface drainage, or subsurface drainage facility, any pipe, conduit, wire, or cable; F. Lighting or building a fire; G. Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the street which causes or will cause an encroachment; or H. Placing or causing to be placed any material, machinery, or apparatus on the street for building, paving, or other purposes for over twenty-four (24) hours. “Permittee” means any person that proposes to do work or encroach upon a street as herein defined and has been issued a permit for said encroachment by the City Engineer. “Person” means any individual, firm, partnership, association, or corporation, including any public agency or utility, or any agent or representative thereof and includes successors in interest. 6.1.a Packet Pg. 186 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r "Personal Wireless Service" means commercial mobile telecommunications services provided by a telephone or telegraph corporation under a certificate of public convenience and necessity issued by the California Public Utilities Commission. "Personal Wireless Service Facility" means a facility that transmits and/or receives telephonic or other wireless signals, including antennas, equipment, related facilities and appurtenances thereof used to provide or facilitate the provision of Personal Wireless Service. "Personal Wireless Service Facility Permit” means a permit issued pursuant to this Chapter authorizing a Permittee to construct, install, and maintain a Personal Wireless Service Facility within the full width of the right-of-way of any street, as defined in the California Vehicle Code. “Street” means the full width of the right-of-way of any street, as defined in the California Vehicle Code, used by the general public, whether or not such street has been accepted as and declared to be part of the city system of streets including streets forming a part of the state highway system. “Street” also includes easements where the city is the grantee of the easement and property owned by the city. 7.04.020 Applicability. A. This chapter shall not apply to any officer or employee of the city acting in the discharge of his official duties to any work being performed by any person or persons, firm or corporation under contract with the city; when permission to encroach has been expressly granted by the City Council; to a permanent projection from buildings as permitted by Section 7.32.340 and Section 7.32.370 or to temporary pedestrian protection permitted by Section 7.32.290. B. This chapter shall not prevent any person from maintaining any pipe or conduit lawfully on or under the street, or from making excavation, as may be necessary, for the preservation of life or property when an urgent necessity therefor arises provided that such person shall notify the City Engineer by telephone the day such work is performed or the day the offices of the city are again opened. Such person shall then apply on the proper form within five (5) working days confirming the work performed. 7.04.030 Streets—Right of lawful use. Any permit granted under this chapter shall be subject to the right of the city or any other person entitled thereto to use that part of the street for any purpose for which it may be lawfully used, and no part of the street shall be unduly obstructed at any time. All work or use shall be planned and executed in a manner that will least interfere with the safe and convenient travel of the general public. 7.04.040 Prohibited encroachments. No application will be approved nor permit issued for constructing or maintaining a loading platform upon or in any street or for erecting or maintaining therein or thereon a post, pole, column, or structure for support for advertising signs except as provided in Section 7.04.080. 7.04.050 Liability for damages—Insurance required. A. Permittee shall be responsible for all liability for personal injury or property damage which may result from work permitted and done by permittee under the permit, or proximately caused by failure on permittee’s part to perform his obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees permittee shall defend, indemnify, and hold them and each of them, harmless from such claim 6.1.a Packet Pg. 187 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r including any claim based on the active or passive negligence of the city, its officers or employees, insofar as permitted by law. B. Permittee shall be required to show evidence of public liability insurance in such form and amount as may be required by the City Engineer to protect the city, its officials, officers, directors, employees, and agents from claims which may arise from permittee’s operations under the permit. 7.04.060 Completion of work by city. If the work or use authorized by a permit is unsafe, in violation of this chapter, or is unduly delayed by the permittee, the City Engineer may, upon written notice, revoke the permit and complete the work or any portion thereof, or make the site safe or return it to the same condition existing prior thereto. The actual cost of performing such work by the city plus overhead shall be charged to and paid for by the permittee. 7.04.070 Signs on public property. A. No person, except a duly authorized public officer or employee, shall paint, mark, or write on, or post or otherwise affix, any handbill or sign to or upon any public property including, but not limited to any sidewalk, crosswalk, curb, curbstone, street, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light pole, telephone pole, or power pole, traffic signal pole, public bridge, drinking fountain, street sign, or traffic sign. B. Any handbill or sign found posted or otherwise affixed upon any public property contrary to the provisions of this section may be removed by the city. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof and the City Manager or his designee is authorized to effect the collection of said cost. C. Nothing in this section shall apply to the installation of a metal plaque or plate in a sidewalk commemorating an historical cultural or artistic event location or person for which the City Manager or his designee has granted approval. D. Nothing in this section shall apply to the painting of house numbers upon curbs done in accordance with the provisions of Section 7.04.110. E. Nothing in this section shall apply to the temporary markings placed by the owners of subsurface installations pursuant to Government Code Section 4216. 7.04.080 Public service banners. A. Notwithstanding the provisions of Section 7.04.070 hereof, public service banners may be placed within any public street, alley, or other public property upon issuance of an encroachment permit by the City Engineer. In issuing such an encroachment permit, the City Engineer shall consider the safety of vehicular and pedestrian traffic, the prevention of damage to public property, the aesthetic conditions of a particular neighborhood and the public health, safety, and welfare. B. As used herein, “public service banner” shall mean temporary banners of nonprofit public welfare organizations and public service groups which advertise events of community interest. C. The City Manager may, in his discretion, adopt a policy regulating the installation, maintenance, and removal of public service banners. 6.1.a Packet Pg. 188 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r 7.04.090 Maintenance of records. All permittees and other persons maintaining permanent facilities within a street shall keep up- to-date records of the location and description of all such facilities which records shall be furnished to the City Engineer upon request. As used herein, “facilities” means both above- ground and below-ground facilities, including, but not be limited to, pipes, wires, and tanks. 7.04.100 Mailbox placement. All mail boxes shall be placed in accordance with the rules and regulations of the United States Post Office Department, but no box shall be so placed within the street as to endanger the life or safety of the traveling public. 7.04.110 Markings on streets and curbs. It is unlawful for any person, without first obtaining a permit under this chapter, to solicit on a commercial or donation basis, to place or maintain any number, figure, letter, carving, drawing, design, or other marking upon any street; except that markings for the purpose of identifying survey, utility, or construction locations shall not be subject to this chapter. A permit for placing or maintaining numbers, figures, letters, carvings, drawings, designs or other markings under this chapter may be issued only to nonprofit organizations which have their principal and permitted meeting place within city limits and have been organized and established within the city for a minimum of one (1) year continuously preceding application for a permit. 7.04.120 Monuments. Any monument of granite, concrete, iron, or other lasting material set for the purpose of locating or preserving the lines and/or elevation of any street, property subdivision, or a precise survey point or reference point shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission from the City Engineer to do so. Replacement of removed or disturbed monuments will be at the expense of the permittee. 7.04.130 Hedges, fences, shrubbery and lawns. A. No tree, fence, or similar structure, shall be planted, erected, or maintained in a street without a permit. No encroachment of any nature will be permitted or maintained which impedes, obstructs, or denies such pedestrian or other lawful travel, or which impairs adequate sight distance for safe pedestrian or vehicular traffic. B. Maintenance. The permittee or property owner shall maintain all hedges, shrubs, walls, fences, or similar structures erected for landscaping purposes in a neat and orderly condition; if such structures are not so maintained, the City Engineer may direct that permittee or property owner to remove the same and restore the street to its former condition, at the expense of the permittee or property owner. C. Lawns. Any person otherwise entitled to may maintain a lawn of any grass or type not prohibited by other law, within the street without a permit. The lawn shall not extend into the roadway or walkway nor into the drainage ditches, gutter, or other drainage facilities. 7.04.140 Trees. The applicant for a permit to plant trees in the right-of-way of a public highway shall show in his application the exact location of and the kind of tree to be planted. If trees are planted within the public right-of-way and within five (5) feet of a public sidewalk and/or curb, the City Engineer may require a root barrier to be installed with the tree(s). No change shall be made in either location of trees or in kinds of trees without the approval of the City Engineer. The trees shall 6.1.a Packet Pg. 189 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r remain the property of the permittee who shall pay the cost of planting the trees and shall bear the cost of their maintenance. The City Engineer, at his sole discretion, may require the permittee to remove the trees at his sole expense if necessary for public safety or convenience. 7.04.150 Storage on street or sidewalk prohibited. No person shall store any item of business inventory, including vehicles, upon any street or sidewalk. Article II. Permit Requirements 7.04.160 Permit—Required. A. No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over, or under the limits of any street in the city, or make or cause to be made any alteration of any nature within, upon, over, or under such street; or construct, put upon, maintain or leave thereon, or cause to be constructed, put upon, maintained, or left ther eon, any obstruction or impediment of any nature whatever; or remove, cut or trim trees thereon; or set a fire thereon; or place on, over or under such street any pipe line, conduit, or other fixture; or place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the street without having first obtained a permit as required in this chapter. B. No person shall construct, install, or maintain a Personal Wireless Service Facility within, upon, over, or under the limits of any street in the city without first obtaining a Personal Wireless Service Facility Permit. Unless expressly set forth herein, all provisions of this chapter shall apply to Personal Wireless Service Facility Permits and applications therefor. 7.04.170 Permit—Application—Generally. The City Engineer shall provide an application form which shall contain such information as in the judgment of the City Engineer is necessary, including information to establish the exact location, nature, dimensions, duration, and purpose of the proposed use or encroachment. The application shall be filed with the City Engineer. 7.04.180 Permit—Application—Required documents. A. The application shall be accompanied by maps, plats, sketches, diagrams or similar exhibits to the size and in the quantity as the City Engineer shall prescribe on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right of the applicant to so use or encroach thereon. B. The applicant shall be accompanied by the written order or consent to any work thereunder which may be required by law or any other public agency or body. 7.04.190 Action on application. Applications may be approved, conditionally approved, or denied. The City Engineer shall act on the application within thirty (30) working days. Where the City Engineer finds that the requirements of this chapter have been met and the required fees and charges have been paid, he shall issue a permit for the use or encroachment attaching such conditions as he may deem necessary for the health, safety, and welfare of the public and for the protection of the city. If the City Engineer finds the requirements of this chapter have not been met, he shall deny the permit, giving the reasons therefor in writing. The City Engineer may deny a permit where trenching or cutting a street is required where the street overlay or preventative maintenance 6.1.a Packet Pg. 190 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r treatment, such as a slurry seal, or equivalent was completed within five years or three years, respectively. 7.04.200 Permit issuance—Fees and charges. A. Fees for issuance of the permit and charges shall be established by the City Council from time to time by resolution upon recommendation of the City Engineer. B. A public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street shall not be subject to a fee for issuance of a permit but shall be required to pay all other charges. A public agency or utility may at the option of the City Engineer arrange to be billed for the required fees and charges. 7.04.210 Bond—Required. A. Prior to issuance of a permit, unless waived by the City Engineer, the permittee shall deposit with the city cash, a certified or cashier’s check, or an approved surety bond in a sum to be fixed by the City Engineer as sufficient to reimburse the city for costs of restoring the street to its former condition. If the permittee anticipates applying for a number of permits throughout the year, he may file a cash deposit or approved surety bond in a sum estimated by the City Engineer as sufficient to cover the permittee’s activities during any twelve (12) month period. B. The City Engineer may require an additional bond or cash deposit at any time when in his opinion the amount of the bond or cash deposit previously made is insufficient. 7.04.220 Bond—Condition. The condition of any bond or cash deposit made pursuant to this Article shall be that the permittee will diligently and with good faith comply with this chapter and the terms and conditions of the permit. 7.04.230 Bond—Payable to city—Term. Any bond or cash deposit required by the City Engineer pursuant to this chapter shall be payable to the city. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, including the guaranty period set forth in Section 7.04.370 the bond or cash deposit will be released, provided that the City Engineer may, in his discretion, allow the earlier release of the bond or cash deposit. 7.04.240 Bond—Exclusions. Cash deposits or bonds will not be required of any public utility holding a franchise with the City or public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any street. 7.04.250 Permit—Term. The permittee shall complete the work or use authorized by a permit issued pursuant to this chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not completed within ninety (90) days or within the time stated in the permit, then the permit shall become void, and the City Engineer may restore the street in accordance with Section 7.04.060. An extension of time for good cause may be granted by the City Engineer when requested in writing. 7.04.260 Permit—Display required. The permittee shall keep any permit at the work site, and the permit must be shown to any authorized representative of the City Engineer or law enforcement officer on demand. 6.1.a Packet Pg. 191 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r 7.04.270 Changes in permit. No changes may be made in the location, dimension, character, or duration of the encroachment or use as granted by the permit except upon written authorization of the City Engineer. 7.04.280 Permit—Nontransferable. No permit issued pursuant to this chapter shall be transferable or assignable to any other person. 7.04.290 Other permit issuance—Not compliance with this chapter. Issuance of a building permit, electrical permit, plumbing permit, demolition permit, or any other permit which may be required by law at the same location and in connection with the same activity for which a permit would be issued hereunder shall not constitute authorization to encroach on any street. Article III. Performance of Work 7.04.300 Standards and specifications. The City Engineer shall from time to time establish such standards and specifications as he deems necessary for the proper construction, use, and maintenance of encroachments and for the safety, protection and convenience of the public, which standards and specifications shall be applicable to all permittees. Any work or use done under all permits shall conform to the city’s standard plans and specifications unless otherwise required by the City Engineer. If inadequate provision is made for the safety, protection and convenience of the public by the permittee, the City Engineer may take such action as he deems necessary for the protection of the public and shall charge the permittee therefor. 7.04.310 Safety laws—Compliance required. The permittee shall comply with all applicable federal, state, and local laws and regulations, including Department of Industrial Relations of the state of California (CAL-OSHA) rules and regulations. 7.04.320 Inspections. The permittee shall allow the City Engineer to inspect any or all work done pursuant to the permit at reasonable times. 7.04.330 Commencement of work—Notification required. A. The permittee shall notify the City Engineer at least twenty-four (24) hours in advance of beginning work. If appropriate, the permittee shall give such advance notice as may be required by the City Engineer to the Police Department and/or Fire Department of the location and nature of the proposed work. B. In addition to subsection A, the permittee of Personal Wireless Service Facility Permit shall comply with the public notification requirements of Section 7.04.450. 7.04.340 Restoration of street. Upon completion of the work, acts, or things for which the permit was issued, or when required by the City Engineer, the permittee shall replace, repair, or restore the street at the place of work to the same condition existing prior there to, unless otherwise provided in the permit. The permittee shall remove all obstructions, impediments, material or rubbish caused to be or placed 6.1.a Packet Pg. 192 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r upon the street under the permit, and shall do any other work or perform any act necessary to restore the street to a safe and usable condition. 7.04.350 Drainage requirements. If the work, use or encroachment authorized in the permit shall interfere with the established drainage, the permittee shall provide for proper drainage as directed by the City Engineer. 7.04.360 Completion of work—Notification required. Upon completion of all work authorized in the permit, the permittee shall notify the City Engineer in writing. No work shall be deemed to be completed until such notification of completion is given and final inspection has been made by the City Engineer unless such final inspection is waived by the City Engineer in writing. 7.04.370 Guaranty period. A. After completion of all work, the permittee shall exercise reasonable care in monitoring and maintaining the area affected by the encroachment. For a period of two (2) years after final inspection of the work by the City Engineer or the date of waiver of final inspection, the permittee shall repair any injury or damage to any portion of the street which occurs as the result of work done under the permit, including any and all injury or damage to the street which would not have occurred had such work not been done. Any public utility, public agency, franchisee, or Personal Wireless Service Facility permittee which is authorized by law or contract to establish or maintain any works or facilities in, under, or over any street shall monitor, maintain, and/or repair the street or any portion of it where the public utility, public agency, permittee, or franchisee has made any excavation for the life of any works or facilities contained in or under the street. B. The permittee shall repair any injury or damage in any portion of the street, resulting from the work done under the permit within the period of time required by the City Engineer. In the event that the permittee fails to act timely or should repair or replacement be required before the permittee can be notified or can respond to notification, the city may make or cause to be made the necessary repairs or replacements or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of said work, including overhead. 7.04.380 Relocation or removal of encroachments. If any future construction, reconstruction, or maintenance work by the city or required by the city on a street requires the relocation, removal, or abandonment of installations or encroachments in, on, over, or under a street, the permittee owning, controlling, or maintaining such installations or encroachments shall relocate, remove, or abandon the same at his sole expense unless otherwise required by law. When removal, relocation, or abandonment is required, the City Engineer shall give such permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed or abandoned. If said permittee fails to comply with said instructions, the city may cause the removal, relocation, or abandonment of the encroachment at the expense of the permittee. Article IV. Sidewalks, Driveways, Curbs 7.04.390 Permit—Required. It is declared to be unlawful for any person to repair or construct, or cause to be repaired or constructed by private contract in the city any sidewalk, driveway, curb, gutter, or paving, or to cut any curb for the purpose of constructing a driveway, or to begin excavation for the purpose 6.1.a Packet Pg. 193 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r of constructing a sidewalk, driveway, curb, gutter, or paving within any street without first obtaining a permit as required in Article II of this chapter. 7.04.400 Removal of driveway. When a driveway shall permanently cease to be used, the curb cut therefor, and all or a portion of the driveway, as determined by the City Engineer, shall be removed and standard curb, gutter, and sidewalk shall be constructed. The property owner shall remove the curb cut and driveway and construct curb, gutter, and sidewalk, or cause same to be removed or constructed, within thirty (30) days of receiving written notice from the City Engineer to do so. Should the property owner fail to perform such work or cause it to be performed within said thirty (30) days, the City Engineer shall have such work done at the expense of the property owner. The provisions of this section shall apply to all existing driveways whether or not the use thereof was heretofore abandoned, as well as to all such driveways which are constructed after the effective date of the ordinance codified in this chapter. 7.04.405 Closure of hazardous driveways. When a driveway is determined by the City Council to cause a hazardous condition, the curb cut therefor, and all or a portion of the driveway as determined by the City Council, shall be removed and standard curb, gutter and sidewalk shall be constructed. Prior to any action being taken on closure of a driveway under this section, the following conditions shall be met: A. The City Council shall conduct a public hearing for the purpose of reviewing the recommendation for closure and shall determine whether the closure is appropriate. B. An alternate source of access to the property shall be available or shall be provided by the city. C. The city shall bear the expense of closure of the hazardous driveway and of providing any alternate access that is necessary. The city shall approve any plans, specifications and estimates prior to work being performed or shall contract for the work according to the terms of Chapter 2.36 of this code (purchasing regulations). 7.04.410 Denial of building permit while sidewalk incomplete. No building permit shall be issued under the terms of this code for construction, additions or remodeling on any lot, tract, or parcel of land on the street frontage of which the sidewalk, curb, or gutter is not complete, unless said building permit is accompanied by the issuance of a permit under the terms of this chapter for the completion of such improvements on the street frontage; except that if the City Engineer determines that it is in the public interest, he may waive all or a portion of the improvements required by the provisions of this section. 7.04.420 Repair of sidewalks. A. Definitions. 1. “Maintenance and repair of sidewalk area” includes, but is not limited to, maintenance and repair of surfaces including grinding; removal and replacement of sidewalks; repair and maintenance of sidewalks; repair and maintenance of curbs and gutters; removal of impervious paving materials from street tree planting strips, or other right-of-way landscape planters; removal of weeds and/or debris; tree root pruning and installing root barriers; trimming of shrubs and/or groundcover and trimming s hrubs within the area between the property line of the adjacent property and the street pavement line, including planting strips and curbs. 2. “Sidewalk” shall have the same meaning as in Section 5600 of the California Streets and Highways Code, as it may hereafter be amended. 6.1.a Packet Pg. 194 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r B. Maintenance and Repair of Sidewalks. 1. Obligation to Repair and Maintain. The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including landscape planting strips, sidewalks, retaining walls, curbs and gutters, and persons in possession of such lots by virtue of any permit or right, shall repair and maintain such sidewalk areas in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will not interfere with the public convenience of said sidewalk area. The owners shall also pay the costs and expenses therefor. All work performed within the public right-of-way requires an encroachment permit pursuant to Section 7.04.390 of the Dublin Municipal Code. When, during the course of a development project’s lifetime, it is necessary to remove or reconstruct public street improvements (i.e., curb, gutter, sidewalk), such improvements shall be reconstructed to preserve or reestablish any previously existing landscape planter, when certain landscape improvements have been included in the planned development (PD) properties subject to PD restrictions shall preserve existing street trees and other landscaping to the extent possible, or shall install new landscaping subject to the review and approval of the City Engineer. Subsequent to adoption of the ordinance codified in this article, any unauthorized work conducted within the public right-of-way landscape areas shall be brought into conformance with the intent and provisions of this article, and other applicable provisions of the Dublin Municipal Code pertaining to encroachments on city property. Such unauthorized work shall constitute a violation of this article and is punishable as an infraction. C. Recovery of City’s Costs of Sidewalk Maintenance and Repair. Anything in this article to the contrary notwithstanding, with respect to maintenance and repair of sidewalk areas and the making, confirming and collecting of assessment for the costs and expenses of said maintenance and repair, the city may proceed under the provisions of Chapter 22 of Division 7, Part 3 of the Streets and Highways Code of the state as the same is now in effect or may hereinafter be amended to recover costs it incurs in maintaining and repairing sidewalks. The required maintenance and repairs of sidewalk area must commence within thirty (30) days of notification. Costs recoverable by the city may include a charge for the city’s costs of inspection and administration whenever the city awards a contract for such maintenance and repair and including the costs of collection of assessment for the costs of maintenance and repair or the handling of any lien placed on the property due to the failure of the property owner to promptly pay such assessments. While maintenance and repair costs ultimately remain the property owner’s responsibility, a portion of the city’s annual budget is allocated for sidewalk repair and the city may choose to permanently repair certain sidewalks with such money. D. Liability for Injuries to Public. The property owners of lots or portions of lots fronting on or adjacent to any portion of a street or any portion of a sidewalk area between the property line of the lots and the street line, and any persons in possession of such lots by virtue of any permit or right shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. The failure of any property owner or possessor of property to maintain the sidewalk areas in a nondangerous condition is negligence. If any person suffers injury or damage to person or property as a result of the property owner’s or possessor’s failure to maintain or repair the sidewalk areas as required by this article, the property owner or possessor of property shall be liable to such person for the resulting damages or injury. 6.1.a Packet Pg. 195 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r E. Notice of Repair. Whenever a portion of the sidewalk needs repair or endangers the public’s use of such sidewalk, the person whose job it is to maintain streets shall notify the owner and person in possession that such sidewalk needs repair in the manner provided in Health and Safety Code Sections 5611 through 5614. If the owner does not fix the sidewalk within thirty (30) days, the city will fix the property and all costs may become a lien upon the property, pursuant to Dublin Municipal Code 7.04.470. Article IV. Wireless Telecommunication Facilities 7.04.430 Permit—Required. A. No person shall construct, install, modify, or maintain a Personal Wireless Service Facility within, upon, over, or under the limits of any street in the city without first obtaining a Personal Wireless Service Facility Permit as required in Article II of this chapter, and Chapter 8.92 of the Zoning Ordinance as it relates to Section 6409(a) of the Middle Class Tax Relief Act of 2012. B. In addition to the requirements of Section 7.04.190, a Personal Wireless Service Facility Permit shall not be issued if the applicant seeks to: 1. Install a new utility, transit, or street light pole on a street where there presently are no overhead utility facilities; 2. Install a Personal Wireless Service Facility that fails to comply with applicable building, structural, electrical, or safety codes or other laws, including, but not limited to, the Americans with Disabilities Act; or 3. Add a Personal Wireless Service Facility on a utility or street light pole for which a Personal Wireless Service Facility Permit has already been approved. 4. Add a Personal Wireless Service Facility on a city owned street light pole or other traffic control and safety pole for which the city has not given its permission. 7.04.440 Development Standards. Due to the potential visual impacts associated with right-of-way installations, the following is required for all Personal Wireless Service Facility installations within the street: A. Installations must use all design techniques to minimize visual impacts, as determined by the City Engineer. B. New or replacement poles supporting a Personal Wireless Service Facility shall match style, color and material of the original or adjacent poles. C. The maximum height of a pole supporting a Personal Wireless Service Facility shall be equal to the average height of all existing utility or street light poles within 100 feet; provided, however, that antenna located within a shroud on top of the pole may extend the height of the pole by a maximum of 5 feet. The height of any street light or utility pole shall not be modified unless approved by the City Engineer. D. No exposed cables. All cables shall be concealed within a sleeve between the bottom of the antenna and the mounting bracket. For wooden poles, cables shall be concealed with the use of shrouds, risers or conduit. E. Minimum height clearance regulations shall be observed by all components of the installation. No antenna may extend over the vehicular path of travel. F. Downtilt of the antennas is not allowed. 6.1.a Packet Pg. 196 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r G. No signs, other than those required by government or electrical utility notifications shall be located on the poles. All signage shall be designed with the lowest visibility, utilize a muted color and located as close to the antenna as possible. This does not pertain to identification badges, as may be required by the City Engineer. No facility may include any advertising material. H. The facility, including the antennas, cabling and related equipment shall be constructed out of non-reflective materials, painted and/or textured to match the existing support structure, and shall not produce any noticeable artificial light. I. The facility must be located so that it does not block the required illumination provided by the street light. J. Equipment shall be minimally visible through the use of an underground vault. If this is not feasible, above-ground cabinets shall be designed and located in an area with minimal visual impact, as determined by the City Engineer. For equipment cabinets mounted directly to the pole, the following shall apply: 1. One equipment cabinet mounted directly to a pole. 2. Equipment cabinets shall be mounted directly behind any road signs located on a pole to reduce their visibility and to not obstruct the visibility of any road signs. 3. Equipment cabinets may not exceed 7 cubic feet in volume. 4. In residential zoning districts, all equipment shall utilize a passive cooling system. K. All disturbed landscape shall be replaced in-kind and areas of bare or disturbed soil shall be vegetated. L. Utilize brackets that allow antennas to be mounted at a standoff of no more than 4 inches measured horizontally from the pole. 7.04.450 Public Notification. A. Notice Required. Prior to commencement of installation of a Personal Wireless Service Facility, the permittee shall notify the public of the proposed installation as specified in this section. The notice shall be mailed and posted at least 10 days prior to installation as specified below. The permittee shall provide evidence of compliance with this requirement. B. Types of Notice Required. 1. Notice by Mail. The permittee shall send, via first class U.S. mail, a copy of the notice to the owner(s) and occupant of each parcel that: (1) fronts the street on which the proposed Personal Wireless Service Facility is located or fronts a street that intersects such street and (2) is within 150 linear feet of the proposed Personal Wireless Service Facility. For example, if the distance from a proposed Personal Wireless Service Facility to a nearby street corner is 50 feet, the permittee is required to notify owners of parcels on that intersecting street whose properties are located within 100 feet or less. 2. Notice by Posting. The permittee shall post a copy of the notice at the location of the pole where the Personal Wireless Service Facility is to be installed and in three other conspicuous locations that are within 100 feet in each direction from the pole. 3. Contents and Form of Notice. The notice shall contain such information, and be in such form, as the City Engineer reasonably requires in order to inform the general public as to the nature of the installation of a Personal Wireless Service Facility. At a minimum, the notice shall: a. Provide a description and a photo-simulation of the proposed Personal Wireless Service Facility; and 6.1.a Packet Pg. 197 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r b. Explain how any interested person may obtain additional information and documents related to the permit. Article VI. Enforcement 7.04.460 Permit—Revocation. Any permit issued hereunder may be revoked by the City Engineer for violation of the provisions of this chapter or if the permitted activity poses an imminent threat to the public health, safety, or welfare. 7.04.470 Appeals. An applicant or permittee may appeal the decision of the City Engineer concerning the denial or revocation of a permit to the City Manager pursuant to the provisions of Section 1.04.050. The City Manager may deny the appeal or grant the appeal with terms and conditions necessary to protect the public health and safety. 7.04.480 Enforcement officer designated. The City Engineer is designated as the enforcement authority for purposes of enforcing the provisions of this chapter. 7.04.490 Nuisance summary abatement. Violation of the provisions of this chapter are declared to constitute a nuisance. The City Engineer may summarily abate any such nuisance in accordance with California Government Code Section 38773. The costs of such abatement shall be a personal obligation of the property owner and may be made a lien against the property in accordance with the provisions of Section 7.04.470. 7.04.500 Lien procedure. A. Record of Cost. The City Engineer shall keep an account of the cost of performing the abatement, including reasonable administrative costs, on each separate lot or parcel of land, and the name of the owner thereof. Such costs shall become, when confirmed, a special assessment against the property. B. Council Appeal. Between the first and fifteenth day of July of each year, the City Manager shall cause to be published a notice to the effect that any owner upon whose property the City Engineer has performed any work hereunder during the preceding fiscal year may appeal therefrom to the Council. Such notice shall be published once in accordance with Government Code Section 6061. Any appeal shall state the grounds for appealing. At the next regular meeting of the City Council after the first day of August, it shall hold a hearing to confirm the costs and any appeals, and its determination thereupon shall be final. C. Lien. After confirmation of the costs by the City Council a certified copy of the confirmed report shall be filed with the County Auditor who shall enter each assessment on the tax roll against the respective premises. Such assessment shall be collected at the same time in the manner as ordinary municipal ad valorem taxes and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of municipal ad valorem property taxes shall be applicable to such assessments. The lien created attaches upon recordation of a certified copy of the confirmed report in the office of the County Recorder and shall continue until the charges and fees are fully paid. 6.1.a Packet Pg. 198 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Dublin hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 3. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this ___ day of _____, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mayor ATTEST: __________________________________ City Clerk 6.1.a Packet Pg. 199 At t a c h m e n t : 1 . D r a f t O r d i n a n c e A m e n d i n g C h a p t e r 7 . 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t a n d E n c r o a c h m e n t P e r m i t s f o r ORDINANCE NO. XX-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AMENDING CHAPTER 8.92, 8.36, AND 8.104 OF THE DUBLIN MUNICIPAL CODE RELATING TO DEVELOPMENT OF WIRELESS COMMUNICATIONS FACILITIES The City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 8.92 (Wireless Communications Facilities) of the Dublin Municipal Code is hereby amended to read as follows: “8.92.010 Purpose. The purpose of this Chapter is to provide a uniform and comprehensive set of standards for the development and installation of wireless communication facilities and related facilities. These standards cover the siting, designing and permitting of wireless communication facilities. 8.92.020 Intent. The intent of the regulations contained herein is to protect and promote public health, safety, community welfare and to: A. Protect the visual character of the City from the potential adverse effects of wireless communication facilities development and wireless communication facility installation; B. Ensure against the creation of visual blight within or along the City’s scenic corridors and ridgelines; C. Ensure that wireless communication facilities, to the maximum extent possible, are located in areas where the adverse impacts on the community are minimal; D. Ensure that wireless communication facilities, which include equipment cabinets and shelters, are configured in a way that minimizes the adverse visual impact of the facilities; E. Retain local responsibility for management of the use of the public right-of-way; F. Enhance the ability of the provider of wireless communication services to provide such services to the community quickly, effectively and efficiently; G. Ensure that a competitive and broad range of wireless communication services and high quality wireless communication service infrastructure are provided to serve the business community; H. Encourage collocation when it will decrease visual impacts and discourage collocation when it will increase negative visual impacts, to the extent allowed by state and federal law; and I. Establish a process for obtaining necessary permits for wireless communication facilities while at the same time ensuring compliance with applicable zoning, building, and safety requirements under this code. 6.1.b Packet Pg. 200 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s 8.92.030 Definitions. For the purposes of this Chapter, unless otherwise apparent from the context, the definitions below shall apply. Where any of the definitions in this Chapter may conflict with definitions in Chapter 8.08 of the Dublin Zoning Ordinance, the definitions in this Chapter shall prevail for purposes of this Chapter. A. Antenna. The term antenna shall mean any system of wires, poles, panels, rods, reflecting disc, or similar devices used for the transmission or reception of electromagnetic waves (or radio frequency signals) when such system is either external to or attached to the exterior of a structure, ground-mounted, or is portable or movable. “Antenna” includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. B. Base Station. The term base station includes any structure other than a tower that supports or houses equipment in a fixed location that enables Federal Communications Commission (FCC)-licensed or authorized wireless communications between user equipment and a communications network. As an illustration and not a limitation, the FCC's definition refer s to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight of wireless equipment constitutes a “Base Station”. C. Collocation. The term collocation shall mean the mounting of a wireless communication facility on or integrated within the same tower or structure as an existing, authorized wireless communication facility. D. Fully- Concealed Facility. The term fully-concealed facility refers to wireless communication facilities which are designed and constructed to blend in with the surrounding environment so that the antenna and related equipment are not readily visible. Examples include a cupola on a building, water tank, artificial tree, rocks and a utility pole where all antenna and related equipment are internally mounted or underground. E. Height. The term height shall mean the distance measured from ground level to the highest point on the wireless communication facility, including an antenna or piece of equipment attached thereto. In the case of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. F. Owner or Operator. The term owner or operator shall mean the person, entity or agency primarily responsible for installation and maintenance of the wireless communication facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located. G. Public Right-of-Way. The term public right-of-way shall mean and include all public streets and easements, now and hereafter owned by the City or other public entity, but only to the extent of the City or public entity’s right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities. 6.1.b Packet Pg. 201 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s H. Radio Frequency (RF). The term radio frequency (RF) shall mean electromagnetic energy with wave lengths between the audio range and the light range. I. Readily Visible. The term readily visible means that an object can be seen from street level by a person with normal vision, and distinguished as an antenna or related equipment of a wireless communication facility, due to the fact that it is not fully-concealed, stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials. J. Related Equipment. The term related equipment shall mean all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders. K. Structure Ridgeline. The term structure ridgeline shall mean the line along the top of an existing roof or top of a structure, including existing parapets, penthouses, or mechanical equipment screens. L. Tower. The term tower shall mean a mast, pole, monopole, lattice tower, or other structure erected on the ground or on a structure designed and primarily used to support antennas. A ground or building mounted mast greater than 15 feet tall and 6 inches in diameter supporting one or more antenna, dishes, arrays, etc., shall be considered a wireless communications tower. M. Wireless Communication Facilities. The term wireless communication facilities shall mean a facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area and other accessory development. N. Section 6409(a). The term Section 6409(a) refers to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified as 47 U.S.C. section 1455(a), as may be amended or interpreted in judicial or administrative decisions or implementing regulations. O. Section 6409(a) Modification. The term Section 6409(a) Modification means a collocation, modification, or replacement of transmission equipment at an existing wireless tower or base station that does not result in a substantial change in the physical dimensions of the existing wireless tower or base station pursuant to Section 6409(a). P. Substantial Change. The term substantial change for the purposes of a Section 6409(a) Modification shall mean: 1. For wireless towers outside the public right-of-way, a substantial change occurs when the proposed collocation or modification: a. Increases the overall height more than ten (10) percent or the height of one additional antenna array not to exceed twenty (20) feet (whichever is greater); or 6.1.b Packet Pg. 202 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s b. Increases the width more than twenty feet (20) from the edge of the tower or the width of the tower at the level of the appurtenance (whichever is greater); or c. Involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four (4); or d. Involves excavation outside of the current boundaries of the leased or owned property surrounding the tower, including any access or utility easements currently related to the site. 2. For wireless towers within the public right-of-way and for all base stations, a substantial change occurs when the proposed collocation or modification: a. Increases the overall height more than ten (10) percent or ten (10) feet (whichever is greater); or b. Increases the width more than six (6) feet from the edge of the tower or base station; or c. Involves the installation of any new ground-mounted equipment cabinets that are ten percent (10%) larger in height or volume than any existing ground mounted equipment cabinets; or d. Involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or e. Involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground. 3. For all proposed collocations and modifications, a substantial change occurs when: a. The proposed collocation or modification would defeat the concealment elements of the tower or base station; or b. The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is determined to be inconsistent with the thresholds for a substantial change described in this section. The thresholds and conditions for a "substantial change" described in this section are mutually exclusive—the violation of any individual threshold or condition results in a substantial change. The height and width thresholds for a substantial change described in this section are cumulative for each individual wireless tower or base station. The cumulative limit is measured from the physical dimensions of the original structure for base stations and all sites in the public rights-of-way, and from the smallest physical dimensions that existed on or after February 22, 2012, for wireless towers on private property. 8.92.040 Exemptions. The following wireless communication facilities are exempt from the standards of this Chapter, but shall fully comply with other applicable requirements of the municipal code including, but not 6.1.b Packet Pg. 203 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s limited to, adopted building, electrical, plumbing, mechanical, and fire codes: A. Antennas designed to receive video programming signals from direct broadcast satellite (DBS) services, multi-channel multipoint distribution providers (MMDS), or television broadcast stations (TVBS), provided that all of the following conditions are met: 1. The antenna measures 39 inches (one meter) or less in diameter within residential districts; or 78 inches (two meters) or less in diameter within commercial and industrial zoning districts; 2. If the antenna is mounted on a mast, the mast must measure less than twelve (12) feet in height; 3. The antenna does not pose a threat to public safety, including, but not limited to, minimum separation from power lines, compliance with electrical and fire code requirements, and secure installation, as determined by the Building Official; 4. The antenna is not located on a site or building with historical significance, as demonstrated by inclusion on any list of historical sites officially adopted by any local, state, or federal governmental body; 5. To the extent feasible, the antenna is installed in a location where it is not readily visible from the public right-of-way. B. Amateur radio antennas that do not exceed the maximum building height for the zoning district in which it is located by more than 25 feet. If an antenna is installed on the roof of the building, the height of the antenna shall be inclusive of the building height. C. Public communication facilities, including personal wireless services, used and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public use. D. Minor repair and regular maintenance of an existing wireless telecommunication facility that does not increase the number, height, size, or appearance of the antennas or ancillary related equipment as previously approved by the City. E. All wireless communication facilities in the public right-of-way. Wireless communication facilities in the public right-of-way shall be subject to a Personal Wireless Facilities Services Permit as set forth in Chapter 7.04 of the Dublin Municipal Code, which sets forth the particular terms and provisions under which the approval to occupy and use the public rights-of-way of the City will be granted if occupancy of the public rights-of-way is desired or required. F. Any “co-location facility” that meets the requirements of California Government Code Section 65850.6. 8.92.050 Permitting Procedure. A Site Development Review pursuant to Chapter 8.104 shall be required for all new or modified wireless communication facilities, unless otherwise noted in this Chapter. 8.92.060 Application Requirements. 6.1.b Packet Pg. 204 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s A. New Wireless Communication Facilities. The following application materials are required for new wireless communication facilities: 1. Plans. Complete and accurate plans, fully-dimensioned and drawn to scale, which include the following items. a. A depiction of all existing and proposed utility runs and points of contact. b. A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plan view. c. Plan view and all elevations of a scaled depiction of the maximum permitted increase to towers, base stations and other support structures as authorized by Section 6409(a) of the 2012 Middle Class Tax Relief Act. The proposed project shall be used as the baseline for new facilities and the existing facility used as the baseline for modifications. 2. Authorization. A statement from property owner authorizing application. 3. Description of Services. A description of the services that the applicant proposes to offer or provide in conjunction with the proposed sites. 4. Definition of Service Area. Definition of the service area needed for coverage or capacity of a wireless communication facility and service area maps and information showing that the proposed facility would provide the needed coverage or capacity. 5. Alternative Site Analysis. Alternative site analysis and map showing all alternate sites, including all collocation opportunities within one-half mile, that were analyzed in the wireless communication service provider’s site selection process and any additional sites as required by the Community Development Director from which the needed coverage could also be provided, indicating the zoning for all such sites. The analysis shall address the potential for collocation at an existing or new site. An alternative site analysis is not required for facilities which are fully-concealed from public view. 6. Visual Analysis. Photo simulations of the proposed project including a map depicting where the photos were taken. The visual impact analysis may require photo overlays, scaled models, renderings, or mockups as determined appropriate by the Community Development Director. 7. Noise Analysis. Noise impact analysis information for the proposed wireless communication facility including, but not limited to, equipment, such as air conditioning units and back-up generators. A manufacturer’s specification sheet may be provided in lieu of a noise impact analysis, if determined appropriate by the Community Development Director. 8. RF Emissions. Written documentation demonstrating that emissions from the proposed wireless communications facility are within the limits set by the FCC. The document shall include both the actual levels as they exist currently and the cumulative 6.1.b Packet Pg. 205 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s levels for the proposed facility and all other facilities in the vicinity. 9. Landscape Plan. Where applicable, the applicant shall submit a plan depicting existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction and a maintenance plan (including an irrigation plan). 10. Other Information. The applicant shall submit any other relevant information as required by the Community Development Director. B. Modifications to Existing Wireless Communication Facilities. The following application materials are required for modifications to all existing wireless communication facilities except Section 6409(a) Modifications: 1. Plans. Complete and accurate plans, full-dimensioned and drawn to scale, which include the following items. a. A depiction of all existing and proposed utility runs and points of contact. b. A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plain view. 2. Prior Permits. True and correct copies of all previously obtained land use approvals, including all required conditions of approval. 3. Noise Analysis. Noise impact analysis for the proposed wireless communication facility including, but not limited to, equipment, such as air conditioning units and back- up generators. A manufacturer’s specification sheet may be provided in lieu of a noise impact analysis, if determined appropriate by the Community Development Director. 4. RF Emissions. Written documentation demonstrating that emissions from the proposed wireless communications facility are within the limits set by the FCC. The document shall include both the actual levels as they exist currently and the cumulative levels for the proposed facility and all other facilities in the vicinity. 5. Other Information. The applicant shall submit any other relevant information as required by the Community Development Director. 8.92.070 Section 6409(a) Modification. Except as expressly modified by this section, an application for a Section 6409(a) Modification shall be subject to the provisions of this Chapter. A. Application Materials. Notwithstanding Section 8.92.060 (Application Requirements), the following application materials are required for Section 6409(a) Modifications: 1. A site plan and elevation drawings for the facility as existing and as proposed with all height and width measurements explicitly stated. The plans must include plan views and all four elevations that depict the physical dimensions of the existing facility as it existed on February 22, 2012 or as approved if constructed after February 22, 2012. 2. A description of all construction that will be performed in connection with the proposed modification, including, but not limited to, the location of any excavations or 6.1.b Packet Pg. 206 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s deployments. 3. A written statement that explains in plain factual detail whether and how Section 6409(a) and applicable implementing regulations require approval of the proposed Section 6409(a) Modification. A complete written narrative analysis shall state the applicable standard and all facts that would allow the city to conclude the standard has been met. Bare conclusions without factual support shall not constitute a complete written analysis. As part of the written statement the applicant shall include: (i) whether and how the support structure qualifies as an existing tower or existing base station; and (ii) whether and how the proposed Section 6409(a) Modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment, or permit compliance. 4. True, correct and complete copies of all permits and other regulatory approvals, including without limitation any conditions of approval, issued in connection with the tower or base station to be collocated on or modified. B. Review and Required Findings. Notwithstanding the provisions of 8.92.050 (Permitting Procedures) and 8.92.080 (Development Standards and Regulations), the Community Development Director shall approve or deny a request for a Section 6409(a) Modification in accordance with this section and applicable federal law or regulations. The Community Development Director shall approve an application for a Section 6409(a) Modification if he or she makes the following findings: 1. The proposed modification does not cause a substantial change in the existing tower or base station and otherwise fully qualifies as a Section 6409(a) Modification under applicable law; 2. The existing tower or base station was permitted with all required regulatory approvals required at the time of construction; and 3. The proposed modification does not violate any legally enforceable standard or permit condition reasonably related to public health and safety, including, but not limited to, building, structural, electrical, and safety codes. A proposed modification to a wireless communication facility that does not qualify as a Section 6409(a) Modification shall be denied and will instead be subject to the requirements set forth in this Chapter for the specific type of wireless communication facility proposed. C. Other. Nothing in this section prevents the city from imposing other lawful conditions on the approval of a Section 6409(a) Modification including, but not limited to, conditions consistent with obligations imposed on the initial installation. Nothing in this section shall be construed to waive or limit the city’s proprietary right to control the use of its real or personal property for telecommunications purposes. 8.92.080 Development Standards and Regulations. A. Residential Districts. Wireless communication facilities are prohibited on private property in all residential zoning districts and comparable Planned Development zoning districts except as indicated in Section 8.92.040. 6.1.b Packet Pg. 207 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s B. Location Criteria. All wireless communication facilities shall be located so as to minimize their visibility. The following measures shall be implemented: 1. No wireless communication facilities shall be installed on an exposed ridgeline, or at a location readily visible from I-580, I-680, or scenic corridor identified in the Eastern Dublin Scenic Corridor Policy, or on property designated Parks/Recreation, Open Space, or Stream Corridor on the Dublin General Plan, unless it blends with the surrounding existing natural and artificial environment in such a manner as to not be readily visible, and a finding is made that no other location is technically feasible and complies with those policy documents; 2. No facility may be located within the front setback, along major street frontages where it will be readily visible or between the face of a building and a public street, bikeway or park, except for approved facade-mounted equipment or facilities located on existing structures; 3. No towers shall be installed closer than one half mile from any existing tower unless technologically required (technical evidence must be submitted to the Community Development Director showing a clear need for this facility, and the infeasibility of collocating it on an existing site), or visually preferable (i.e. fully-concealed facility that blends with the surrounding existing natural and artificial environment; 4. Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 8:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line. If the facility is located within one hundred (100) feet of a residential use, noise attenuation measures shall be included to reduce noise levels to a level of 50 dBA measured at the property line. 5. All towers shall be set back at least twenty percent (20%) of the tower height from all property lines, and at least one hundred (100) feet from any public trail, park, or outdoor recreation area, unless it is a fully-concealed facility that blends with the surrounding existing natural and artificial environment. C. Design Review Criteria. In addition to all other requirements set forth in this Chapter, all wireless communication facilities shall meet the following design requirements: 1. Minimizing Visual Impact. All wireless communication facilities shall incorporate appropriate techniques to camouflage, disguise and/or blend them into the surrounding environment. Wireless communication facilities shall be in scale and designed to blend with the existing natural or built surroundings and existing supporting structures. The City shall have the authority to require special design features for the wireless communication facilities in areas of particular sensitivity (e.g. proximity to historic or aesthetically significant structures, views and/or community features). Based on potential aesthetic impact, the order of preference for facility type is: (1) Collocation sites, when such siting minimizes adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors, (2) building-mounted (façade or roof) facilities, (3) ground-mounted facilities and (4) a new tower. 6.1.b Packet Pg. 208 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s 2. Paint and Finish Materials. Wireless communication facilities including the antennas and related equipment shall be constructed out of non-reflective materials, painted and/or textured to match the existing support structure and painted to blend with their surroundings. 3. Related Equipment. All equipment shelters or cabinets must be concealed from public view or made compatible with the architecture of surrounding structures or placed underground. Support equipment pads, cabinets, shelters and buildings require architectural, landscape, color, or other camouflage treatment to minimize visual impacts. 4. Lightning Arrestors and Beacon Lights. Lightning arrestors and beacon lights shall not be included in the design of facilities unless required by the FAA. Lightning arrestors and beacons shall be included when calculating the height of facilities such as towers. 5. Height. The maximum height of a wireless communication facility shall be equal to the height limit for the district in which it is located. An exception to the height limit may be approved based on a visual analysis demonstrating that views of the facility are minimized or are substantially screened, and on an engineering analysis justifying the height of the proposed facility and demonstrating that a lower height is not feasible. 6. Lighting. Wireless communication facilities shall not be artificially lighted, unless required by the FAA or other applicable authority and designed to ensure the least disturbance to the surrounding views. 7. Satellite Dish/Parabolic Antennas - Ground-Mounted. Satellite dish or parabolic antennas that are ground-mounted shall be situated as close to the ground as possible to reduce visual impact without compromising their function. No such antenna shall be located in any front yard, nor in a corner side yard unless the antenna is screened from pedestrian-level view. No such antenna exceeding 39 inches in diameter shall be located within a required setback unless approved through a Site Development Review application upon a showing that no reasonable alternative location is available. 8. Roof Setbacks. Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator’s service area. Roof mounted antennas shall be designed to minimize their visibility and blend with the surroundings. Placing roof mounted antennas in direct line with significant view corridors shall be avoided. 8.92.090 Removal of Abandoned Facilities. Any wireless communication facilities that are not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such facilities or the owner of the property upon which the facilities are located shall remove the same within ninety (90) days of receipt of notice from the Community Development Director notifying the owners of the removal requirement. If such facilities are not removed within the ninety (90) days, the Community Development Director may cause the antenna or tower to be removed at the expense of the owners of the facilities and the property. If there are two (2) or more users of a single tower, the tower shall not be deemed abandoned and shall not be subject to these provisions until all users have abandoned the facility.” 6.1.b Packet Pg. 209 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s Section 2. Subsection 8.36.110.C.3.c (Utility and Communication Facilities) of the Dublin Municipal Code is hereby amended to read as follows: “c. Utility and communications facilities. Except as otherwise provided in Chapter 8.92, Wireless Communication Facilities Regulations, individual radio and television receiving antennas, wireless communication facilities, satellite dishes, transmission and distribution poles and towers for public utilities. See Chapter 8.92 Wireless Communication Facilities regarding development regulations and land use approvals for those facilities.” Section 3. Subsection 8.104.020.I (Site Development Review) of the Dublin Municipal Code is hereby added to read as follows: “I. Minor modifications to Wireless Communications Facilities. Minor modifications to existing wireless communication facilities that involve no physical change visible from the public right-of-way.” Section 4. Subsections 8.104.030.A.4 and 8.104.030.A.5 (Site Development Review) of the Dublin Municipal Code are hereby amended to read as follows: “4. Modifications to Wireless Communications Facilities. Modifications to existing wireless communication facilities that involve changes to the appearance where the change is in substantial conformance with the approved Site Development Review and Section 6409(a) Modifications as defined in Chapter 8.92. These facilities are also subject to the provisions of Chapter 8.92, Wireless Communication Facilities.” 5. Other Improvements. All other improvements determined by the Community Development Director to be minor in nature and requiring review.” Section 5. Section 8.104.040.A.12 (Site Development Review) of the Dublin Municipal Code is hereby amended to read as follows: “12. Wireless Communications Facilities. All new wireless communication facilities and modifications to wireless communication facilities that are not in conformance with an approved Site Development Review. These facilities are also subject to the provisions of Chapter 8.92, Wireless Communication Facilities.” Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Dublin hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 7. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. 6.1.b Packet Pg. 210 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s Section 8. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this ___ day of _____, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mayor ATTEST: ___________________________________ City Clerk 6.1.b Packet Pg. 211 At t a c h m e n t : 2 . A m e n d i n g C h a p t e r 8 . 9 2 , 8 . 3 6 , a n d 8 . 1 0 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o D e v e l o p m e n t o f W i r e l e s s C o m m u n i c a t i o n s PLANNING COMMISSION MINUTES Tuesday, September 26, 2017 Planning Commission September 26, 2017 Regular Meeting Page | 1 A Regular Meeting of the Dublin Planning Commission was held on Tuesday, September 26, 2017, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Commission Chair Scott Mittan. 1. Call to Order and Pledge of Allegiance At tendee Name Title Status Scott Mittan Commission Chair Present T ara Bhuthim ethee Commission Vice Chair Present Am it Kothari Planning Comm issioner Present Sam ir Qureshi Planning Comm issioner Present Stephen W right Planning Comm issioner Present 2. Oral Communications 2.1. Public Comment No public comments were made. 3. Consent Calendar 3.1. Approve the minutes for the June 27, 2017 Planning Commission meeting. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVED BY: Amit Kothari, Planning Commissioner SECOND: Samir Qureshi, Planning Commissioner AYES: Bhuthimethee, Kothari, Qureshi, Wright, Mittan 4. Written Communication - None 5. Public Hearing 5.1. Zoning Ordinance Amendments to the Wireless Communication Facilities (Chapter 8.92) PLPA 2014-00064 Amy Million, Principal Planner, made a presentation and responded to questions posed by the Commission. Commission Chair Mittan opened the public hearing No comments were made by the public on this item. 6.1.c Packet Pg. 212 At t a c h m e n t : 3 . P l a n n i n g C o m m i s s i o n D r a f t M i n u t e s 0 9 . 2 6 . 1 7 ( W i r e l e s s O r d i n a n c e U p d a t e ) Planning Commission September 26, 2017 Regular Meeting Page | 2 Commission Chair Mittan closed the public hearing. Commissioner Wright made a motion to adopt the resolution with a modification to Draft Ordinance Section 8.92.060.A.5 to waive the alternative site analysis for facilities that are fully-concealed from view. The motion was seconded by Commissioner Kothari, and by unanimous vote, the Commission adopted as amended: RESOLUTION NO. 17 – 10 RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTER 8.92 (WIRELESS COMMUNICATION FACILITIES, CHAPTER 8.36 (DEVELOPMENT REGULATIONS) AND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW) EFFECTIVE CITY-WIDE PLPA-2014-00064 6. Unfinished Business - None 7. New Business - None 8. 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). Jeff Baker, Assistant Community Development Director, introduced Danielle Diaz, Senior Office Assistant, as the new clerk for the Planning Commission. 9. Adjournment The meeting was adjourned at by Commission Chair Mittan at 7:45 p.m. Respectfully submitted, Planning Commission Chair ATTEST: Jeff Baker Assistant Community Development Director 6.1.c Packet Pg. 213 At t a c h m e n t : 3 . P l a n n i n g C o m m i s s i o n D r a f t M i n u t e s 0 9 . 2 6 . 1 7 ( W i r e l e s s O r d i n a n c e U p d a t e ) RESOLUTION NO. 17-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTER 8.92 (WIRELESS COMMUNIC ATION FACILITIES, CHAPTER 8.36 (DEVELOPMENT REGULATIONS) AND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW) EFFECTIVE CITY-WIDE PLPA-2014-00064 WHEREAS, On February 22, 2013 the Federal government adopted the Middle Class Tax Relief and Job Creation Act of 2012 (Act), which provides that state or local governments may not deny, and shall approve, any request for collocation, removal, or replacement of transmission equipment on an existing wireless tower or base station, provided the action does not substantially change the physical dimensions of the tower or base station; WHEREAS, Dublin Zoning Ordinance Chapter 8.92 (Wireless Communication Facilities) provides a uniform and comprehensive set of standards for the development and installation of wireless communication facilities to protect and promote public health, safety, community welfare and aesthetic qualities in the City; and WHEREAS, Zoning Ordinance amendments are necessary to comply with federal and State law and clarify the regulations for wireless communication facilities; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulatio ns require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Pursuant to the CEQA, Staff is recommending that the project be found exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment. In accordance with Section 15378(b)(5) of the CEQA Guidelines because the proposed action is not a project under. Pursuant to the FCC, changes to an existing telecommunications facility, that comply with Section 6409(a) of the Act, are considered minor changes and amending the Zoning Ordinance to comply with this Federal law would not impact the environment. As such, the proposed Zoning Ordinance Amendment is not subject to CEQA; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission held a public hearing on the proposed Zoning Ordinance Amendments on September 26, 2017; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the proposed ordinance. 6.1.d Packet Pg. 214 At t a c h m e n t : 4 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 1 7 - 1 1 ( W i r e l e s s O r d i n a n c e U p d a t e ) 2 of 2 NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Zoning Ordinance amendments attached hereto as Exhibit A and incorporated herein by reference with the change to Section 8.92.060(A)(5) to include language to state that an alternative site analysis is not required for facilities which are fully-concealed from public view. PASSED, APPROVED AND ADOPTED this 26th day of September, 2017 by the following vote: AYES: Wright, Qureshi, Mittan, Bhuthimethee, Kothari NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 6.1.d Packet Pg. 215 At t a c h m e n t : 4 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 1 7 - 1 1 ( W i r e l e s s O r d i n a n c e U p d a t e ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Consideration of Communications Protocols with Dublin Unified School District Prepared by: Taryn Gavagan Bozzo, Executive Aide EXECUTIVE SUMMARY: The City Council will discuss the concept of establishing communications protocols with the Dublin Unified School District. STAFF RECOMMENDATION: Discuss the matter and provide Staff direction. FINANCIAL IMPACT: None. DESCRIPTION: At the August 15 and August 29, 2017 meetings of the City of Dublin/Dublin Unified School District Liaison Committee, the Committee discussed the communications protocols adopted by the Dublin Unified School District for communications with the City of Dublin. The Dublin Unified School District discussed the protocols at its July 24, 2017 meeting. The communications protocol adopted by the Dublin Unified School District are included in a letter to Mayor Haubert dated July 24, 2017 (Attachment 1). The City’s representatives on the Liaison Committee asked that matter be brought to the entire City Council for discussion. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. 8.1 Packet Pg. 216 Page 2 of 2 ATTACHMENTS: 1. Letter from Dublin Unified School District to Mayor Haubert dated July 24, 2017 8.1 Packet Pg. 217 8.1.a Packet Pg. 218 At t a c h m e n t : 1 . L e t t e r f r o m D u b l i n U n i f i e d S c h o o l D i s t r i c t t o M a y o r H a u b e r t d a t e d J u l y 2 4 , 2 0 1 7 ( D U S D C o m m u n i c a t i o n P r o t o c o l ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Dog Park Public Art Deaccession Prepared by: Tegan McLane, Cultural Arts & Heritage Manager EXECUTIVE SUMMARY: The City Council is being asked to approve the deaccession of Michele Alacantra's Animal Series Sculptures at Dougherty Hills Dog Park. STAFF RECOMMENDATION: Approve the deaccession of Michele Alacantra's Animal Series Sculptures at D ougherty Hills Dog Park. Provide Staff direction if the City Council wishes to consider commissioning new artwork for the Dougherty Hills Dog Park. FINANCIAL IMPACT: Cost to deaccession the piece is dependent upon the price at which the artist or someone else chooses to purchase the art, and if the buyer pays the cost of the de - installation and transport. The worst case scenario is if there are no buyers, the City would need to pay to de-install and dispose of the sculptures. DESCRIPTION: The public art piece at Dougherty Hills Dog Park, Animal Series by Michele Alacantra, was installed in 2007, at a cost of $20,000. The City contributed $5,000 and $15,000 was privately funded by the Dublin Fine Arts Foundation. Shortly after the installation, the City received two complaints about injuries to children and animals. The artist was requested to and did make minor modifications, including clipping the wire whiskers on the cats, rounding the pointy ends of dog tails, sanding sharp edges and repairing a bent ear, which had been made from a fan blade. In spring 2015, the City of Dublin engaged a public art conservator to evaluate the public art collection, in preparation for making repairs and deferred maintenance to the entire collection. Animal Series was identified as being in poor condition. The conservator cited rust and broken pieces that could be a safety hazard. (Attachment 1) 8.2 Packet Pg. 219 Page 2 of 3 As prescribed by the artist contract, Staff approached the artist in July 2015 and gave her first right of refusal to make the repairs. Ms. Alacantra declined to make the repairs herself, so Staff included the repairs to the dog park art as one of the jobs in its Request for Proposals (RFP) to art conservators. SF Art Conservation, the City’s selected firm to provide repairs and maintenance on the entire collection, said that because the work needed was so extensive the repairs cannot be done on site. There would also be additional costs to de -install the artwork, transport the artwork to their shop and then re-install the artwork. SF Art Conservation also recommended landscape improvements would need to be made if the City plans to keep the piece in its current location. Staff believes that the total cost for repairs, de -installation and reinstallation and landscape improvements would total $35,000-$40,000, which exceeds the value of the piece. The piece would also require significant ongoing maintenance, due to the nature of the materials, as "found metal" objects are susceptible to decay, and this piece is regularly exposed to the high mineral content recycled water, used for irrigation in this park, and to dog urine. Staff is recommending the deaccessioning of the piece. This would be the City of Dublin’s first deaccessioned public art. The Public Art Master Plan requires that the Heritage and Cultural Arts Commission make a recommendation to the City Council regarding the deaccession of public art in the collection, and specifies conditions under which deaccessioning can be considered. Only City Council can approve the deaccession of an art piece. A piece must meet at least one of the conditions for deaccession. This piece meets four of the conditions. They are: 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. The Heritage and Cultural Arts Commission initially considered this matter at its August 10, 2017 meeting, but voted to table the decision until its September 14 meeting, in order to hear remarks from fellow absent Commissioner Georgean VonHeeder -Leopold, who was active with the Dublin Fine Arts Foundation at the time this piece was commissioned. At the September 14, 2017 Heritage and Cultural Arts Commission meeting, the Commission voted (6-1, with Cm. VonHeeder-Leopold opposed) to recommend that the City Council approve deaccession of Michele Alacantra’s Animal Series artwork, 8.2 Packet Pg. 220 Page 3 of 3 provided that the City replace it with a sustainable piece that is appropriate to the site in terms of its placement and concept. The Commissioners discussed their desire to have appropriate artwork at the dog park. Commissioner VonHeeder-Leopold stated that she opposed because she believes the City is responsible for maintenance to keep artwork in good repair, and therefore should restore the originally installed artwork. If City Council chooses to deaccession the piece, the Public Art Master Plan dictates that the artist shall have first right of refusal to purchase the piece at its fair market value. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public Notice was provided to Dougherty Hills Dog Park users via signage at the park, and to neighbors via postcard to homes within 300 feet. ATTACHMENTS: 1. Dog Park Public Art Deaccession PowerPoint 8.2 Packet Pg. 221 Dog Park Public Ar t Deaccession October 3,2017 8.2.a Packet Pg. 222 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) Animal Series,by Michele Alacantra •Installed 2007. Cost $20K (City paid $5K, Dublin Fine Ar ts Foundation paid $15K) •Shor tly after install, in response to two complaints about injuries, the Ar tist made minor modifications/repairs to: cat whiskers, dog tails, sharp edg es, fan-blade ear In 2015, conser va tor identified fur ther broken pieces, r ust and labeled piece in poor condition and safety risk. •Ar tist has declined to make fur ther repairs. 8.2.a Packet Pg. 223 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) Considerations •Cur rent estimate for de-install, repair, re-install and landscape improve ments is $35-$40K. •“Found metal” objects mean continued decay is expected, and substantial annual maintenance costs g oing forward. •Exposure to recycled water and dog urine accelerates decay. •Even if repairs are successful, this ar twork will never reg ain its original appearance. 8.2.a Packet Pg. 224 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) Criteria for Deaccession •One or more of the following: ü Condition or security cannot be guaranteed ü Re quires excessive maintenance or has faulty design or wo rkmanship, or repair is impractical ü Damaged and repair is impractical ü Po ses a threat to public safety Site changes have occur red Adverse and unabated public reaction for 5+ years Ar tist requested deaccession Site is being privatized 8.2.a Packet Pg. 225 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) •Missing ear •Rust •Concrete staining 8.2.a Packet Pg. 226 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) •Missing ear •Broken nose •Decay at base 8.2.a Packet Pg. 227 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) •Missing eye •Rust •Landscape issues 8.2.a Packet Pg. 228 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) •Missing tail •Rust •Paint failure 8.2.a Packet Pg. 229 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) •Paint failure 8.2.a Packet Pg. 230 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) •Paint failure •Decay at base 8.2.a Packet Pg. 231 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) •Rust at welds •Landscape issues 8.2.a Packet Pg. 232 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) •Broken ear •Landscape issues 8.2.a Packet Pg. 233 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) •Close-up example of sharp rusty edges 8.2.a Packet Pg. 234 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) •Bolt covers easily broken off, exposing bolts 8.2.a Packet Pg. 235 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) Staff Recommendation •Approve the deaccession of Michele Alacantra's Animal Series Sculptures at Dougher ty Hills Dog Park. •Provide Staff direction if the City Council wishes to consider commissioning new ar twork for the Dougher ty Hills Dog Park. 8.2.a Packet Pg. 236 At t a c h m e n t : 1 . D o g P a r k P u b l i c A r t D e a c c e s s i o n P o w e r P o i n t ( D o g P a r k P u b l i c A r t D e a c c e s s i o n ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Downtown Dublin Specific Plan Progress Report Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY: The City Council will receive a progress report on the implementation of the Downtown Dublin Specific Plan since its adoption in 2011. The presentation will include an overview of the Specific Plan, a discussion of the existing conditions and obstacles to Downtown development, and a discussion regarding future improvements and private investment in the area. STAFF RECOMMENDATION: Receive the presentation and provide feedback and direction as appropriate on the topics discussed. FINANCIAL IMPACT: None. DESCRIPTION: The Downtown Dublin Specific Plan (DDSP) was originally adopted by the City Council in 2011. This planning document provides a vision for reinvestment and improvements to the Downtown area. The DDSP consists of a comprehensive set of guiding principles, standards, and design guidelines that will implement the vision for future development in Downtown Dublin over a 20-year period. The City Council will receive a progress report on the implementation of the Specific Plan. At this meeting, Staff will make a presentation to the City Council that will cover the following topic areas: 1. Specific Plan Overview: Discuss the development of the DDSP, review the vision and goals of the document, and review the community benefit program and development pool. 8.3 Packet Pg. 237 Page 2 of 2 2. Existing Conditions and Implementation: Review property ownership patterns in Downtown Dublin, review the changing retail environment, and discuss input received from retail and redevelopment experts, including the Urban Land Institute Technical Advisory Panel. 3. Development Successes: Highlight the improvements that have been completed since the Plan was adopted. 4. Public and Private Investment: Discuss actions to further improve the Downtown over the next five years. T his includes City-sponsored programs and incentives, public investment, re-tenanting existing buildings, and identification of key opportunity sites for new private development. 5. City Council Feedback and Discussion At the July 18 and September 19, 2017 City Council meeting, Dublin residents requested that the City Council consider the formation of a citizen committee to evaluate the DDSP. The City Council, at its July meeting, requested that any discussion regarding the DDSP also leave open the option to discuss the formation of a committee. On September 15, 2017, the Urban Land Institute reached out to the City's Economic Development staff and offered to convene another Technical Assistance Panel to evaluate the DDSP progress and make further recommendations as needed. Staff is seeking direction from the City Council about this proposed evaluation. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not Applicable. ATTACHMENTS: None. 8.3 Packet Pg. 238 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: October 17, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Discussion of Special Needs Appointment to the Human Services Commission Prepared by: Linda Smith, Assistant City Manager EXECUTIVE SUMMARY: At the September 19, 2017 City Council meeting, the City Council directed Staff to place an item on a future agenda regarding the appointment of a special needs representative to the Human Services Commission. STAFF RECOMMENDATION: Provide direction to Staff. FINANCIAL IMPACT: None. DESCRIPTION: The City Council, at its September 19, 2017 meeting, directed Staff to bring back an item to discuss the merits of adding and/or including a member of the spe cial needs community as part of the composition of the Human Services Commission. Staff has prepared this agenda item in order for the City Council to discuss the matter and provide direction. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Letter from Shawn Costello 8.4 Packet Pg. 239 8.4.a Packet Pg. 240 At t a c h m e n t : 1 . L e t t e r f r o m S h a w n C o s t e l l o ( H u m a n S e r v i c e s C o m m i s s i o n - S p e c i a l N e e d s A p p o i n t m e n t )