HomeMy WebLinkAbout*February 6, 2018 Agenda PacketFebruary 6, 2018 Dublin City Council Agenda Page 1 of 4
REGULAR MEETING
Tuesday, February 6, 2018
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 6:30 P.M.
I. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of
Section 54956.9: 2 cases
REGULAR MEETING 7:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1. Recognition of Fallon Middle School Cricket for Cubs Team
Members of the Fallon Middle School Cricket Team will be recognized for their achievement
in winning the 2017 Cricket for Cubs Inter-School Tournament Champions Cup for the
middle school division.
STAFF RECOMMENDATION:
Present Certificate of Recognition.
3.2. Recognition of Dublin United Soccer League's 50th Anniversary
The City Council will recognize Dublin United Soccer League for their 50th anniversary.
STAFF RECOMMENDATION:
Present Certificate of Recognition.
3.3. Recognition of the 2017 Decorate Dublin Holiday Contest Winners
The City Council will receive a report on the 2017 Decorate Dublin Holiday Contest and
recognize the winners.
STAFF RECOMMENDATION:
Recognize the four winning businesses.
3.4. Acceptance of Donations from the Altamont Cruisers Car Club, Valley Spokesman
Touring Club and the Bilich Family
Dublin Police Services was recently given donations from the Altamont Cruisers Car Club
($2,500), the Valley Spokesmen Touring Club ($500) and the Bilich Family ($750). All
donations will be used for operating supplies and training for the Crime Prevention Unit. The
City Council will present the Altamont Cruisers Car Club, the Valley Spokesmen Touring
Club and the Bilich Family with a Certificate of Appreciation for their donation.
STAFF RECOMMENDATION:
Formally accept the donations and recognize each donor.
February 6, 2018 Dublin City Council Agenda Page 2 of 4
3.5. Introduction of New Board of Trustee for the Alameda County Mosquito Abatement
District
Alan Brown, the City of Dublin’s newly-appointed Trustee to the Alameda County Mosquito
Abatement District’s Board of Trustees, will be introduced.
STAFF RECOMMENDATION:
Welcome Mr. Brown.
3.6. Community Spotlight: Certificate of Recognition for Hope Hospice
The City Council will present a "Community Spotlight" certificate of recognition to Hope
Hospice in recognition of their continued contributions to the Dublin community.
STAFF RECOMMENDATION:
Present the certificate to Jennifer Pettley, Director of Development for Hope Hospice and
Home Health.
3.7. Employee Introduction: Steve Windsor
The City Council will be introduced to new City Staff member Steve Windsor, Network
Systems Coordinator.
STAFF RECOMMENDATION:
Welcome City of Dublin Staff member.
3.8. 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 w ith
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 January 9, 2018 Regular City Council Meeting Minutes
The City Council will consider approval of the minutes of the January 9, 2018 Regular City
Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the January 9, 2018 Regular City Council meeting.
4.2. Declaration of Weeds and Combustible Debris Abatement
In accordance with Dublin Municipal Code section 5.70.030, the City Council may declare
that there is a public nuisance created by weeds and combustible debris growing and
accumulating upon the streets, sidewalks and property within the City of Dublin. This
declaration requires the Fire Chief or his designee to notify property owners of the nuisance
conditions and demand that the conditions be abated without delay. If the abatement is not
completed, the City of Dublin shall, at the expense of the owner, have the weeds or refuse
removed.
STAFF RECOMMENDATION:
Adopt the Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and
Ordering the Abatement Thereof; direct Staff to notify the public of the adoption or this
Resolution; and schedule a public hearing for the April 3, 2018 City Council meeting at
which time the City Council will hear and consider objections to this abatement order.
February 6, 2018 Dublin City Council Agenda Page 3 of 4
4.3. On-Call Architectural Services Agreements
The City Council will consider approving consulting services agreements for on-call
architectural services with WRNS Studio, LPA Inc., Group 4 Architecture, Research &
Planning, Inc., and Dahlin Group. The term of these agreements shall begin February 6, 2018
and shall end on June 30, 2021.
STAFF RECOMMENDATION:
Adopt the Resolution Approving On-Call Consulting Services Agreements with WRNS
Studio, LPA, Inc., Group 4 Architecture, Research + Planning, Inc., and Dahlin Group.
4.4. Emerald Glen Amphitheater Fee Schedule
The City Council will consider amending the Master Fee Schedule to include new fees for
rental of the Emerald Glen Amphitheater. The implementation of this fee would require a
change in the Master Fee Schedule.
STAFF RECOMMENDATION:
Adopt the Resolution Amending the Master Fee Schedule for Rental Fees for Emerald Glen
Amphitheater.
4.5. Contract Services Agreement with Special Events
The City Council is being asked to approve a contract services agreement with Special
Events for rental of tents, stages and event furniture for City-produced special events.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Special Events for Rental of Event
Equipment.
4.6. Award of Contract to McNabb Construction, Inc., and Approval of Plans and
Specifications for the Emerald Glen Park Concession Building Project, CIP Project No.
PK0105.
The City Council will consider awarding a construction contract to McNabb Construction,
Inc., and approving the plans and specifications for the Emerald Glen Park Concession
Building Project, CIP No. PK0105. The project will provide for the foundation, associated
site work, utilities, and accessibility improvements for a premanufactured concession
building.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to
McNabb Construction, Inc., for the Emerald Glen Park Concession Building Project (CIP
No. PK0105).
4.7. Authorization to Prepare Engineer's Reports: Citywide Street Lighting Maintenance
Assessment District 83-1; Landscaping and Lighting Maintenance Assessment District
83-2 (Stagecoach Road); Landscaping and Lighting Maintenance Assessment District
86-1 (Villages at Willow Creek); Landscaping and Lighting Maintenance Assessment
District 97-1 (Santa Rita Area); Street Lighting Maintenance Assessment District 99-1
(Dublin Ranch Area and Tracts 7067, 7586, 8024, 8073, 8074)
The City Council will consider authorizing the preparation of Engineer's Reports for the
Fiscal Year 2018-19 assessments for the City's two street lighting maintenance assessment
districts and three landscaping and lighting maintenance districts. Public hearings will be
held prior to the levy of assessments.
STAFF RECOMMENDATION:
Adopt the Resolution Directing Preparation of the Annual Engineer's Report for: Citywide
Street Lighting Maintenance Assessment District 83-1; Landscaping and Lighting
Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and Lighting
Maintenance Assessment District 86-1 (Villages at Willow Creek); Landscaping and
Lighting Maintenance Assessment District 97-1 (Santa Rita Area); and Street Lighting
Maintenance Assessment District 99-1.
February 6, 2018 Dublin City Council Agenda Page 4 of 4
5. WRITTEN COMMUNICATION – NONE.
6. PUBLIC HEARING – NONE.
7. UNFINISHED BUSINESS
7.1. Award of Contract to Sausal Corporation, Approval of an Agreement with Swinerton
Builders, Approval of Plans and Specification, and Waive Minor Bid Irregularity for
the Public Safety Complex – Police Services Building (Project No. GI0116)
The City Council will consider awarding a construction contract to Sausal Corporation,
approving an agreement with Swinerton Builders, dba Swinerton Management & Consulting,
and approving the plans and specifications for the Public Safety Complex - Police Services
Building, CIP No. GI0116. The City Council will also consider approving a budget change
to increase project funding. The project scope includes the demolition of two existing
buildings, renovation of one building, reconstruction of one building, and associated site
improvements to accommodate current and future Dublin Police Services office space needs.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications, Waiving a Minor Bid
Irregularity, Awarding a Contract to Sausal Corporation, and Approving an Agreement with
Swinerton Builders, dba Swinerton Management & Consulting for the Public Safety
Complex - Police Services Building, CIP No. GI0116; and approve the budget change.
8. NEW BUSINESS
8.1. Consideration of Use of Rosenberg’s Rules of Order
The City Council will consider replacing Robert’s Rules of Order with Rosenberg’s Rules
of Order as the official parliamentary procedure for City Council and
Commission/Committee meetings. This item was postponed from the January 9, 2018
Regular City Council meeting.
STAFF RECOMMENDATION:
Review the staff report and provide Staff direction.
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports
and reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate
alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make
a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-
6650 at least 72 hours in advance of the meeting.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters
new opportunities.
Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Recognition of Fallon Middle School Cricket for Cubs Team
Prepared by: Taryn Gavagan Bozzo, Management Analyst
EXECUTIVE SUMMARY:
Members of the Fallon Middle School Cricket Team will be recognized for their
achievement in winning the 2017 Cricket for Cubs Inter-School Tournament Champions
Cup for the middle school division.
STAFF RECOMMENDATION:
Present Certificate of Recognition.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Sixteen teams with players from 14 different schools or after-school Cricket clubs
participated in the 2017 Cricket for Cubs Inter-School Tournament. The tournament was
held over two weekends, December 2 and December 9, 2017, in the cities of
Pleasanton, San Ramon and Dublin, with over 200 players competing in elementary,
middle, and high school divisions.
The City Council will recognize the Fallon Middle School Cricket Team for their
achievement in winning the Champions Cup for the middle school division.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Recognition of Dublin United Soccer League's 50th Anniversary
Prepared by: Taryn Gavagan Bozzo, Executive Aide
EXECUTIVE SUMMARY:
The City Council will recognize Dublin United Soccer League for their 50th anniversary.
STAFF RECOMMENDATION:
Present Certificate of Recognition.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Created in 1967, Dublin United Soccer League serves the evolving needs of soccer
players of all ages and levels by developing life skills in a challenging and enjoyable
club environment, and inspires growth through the sport of soccer.
Dublin United Soccer League celebrated their 50th anniversary in December, 2017, and
will be recognized by City Council for their continued dedication to the Dublin
community.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Recognition of the 2017 Decorate Dublin Holiday Contest Winners
Prepared by: Suzanne Iarla, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will receive a report on the 2017 Decorate Dublin Holiday Contest and
recognize the winners.
STAFF RECOMMENDATION:
Recognize the four winning businesses.
FINANCIAL IMPACT:
None.
DESCRIPTION:
In 2011, the City partnered with the Dublin Chamber of Commerce (“Chamber”) and
launched “Discover Dublin for the Holidays,” a social media-based campaign to
encourage and increase shopping throughout the City of Dublin during the holidays. In
2015, the campaign was rebranded as “Discover Dublin CA” and expanded to a year-
round effort to support Dublin-based businesses throughout the year.
In 2016, in collaboration with the Chamber, the “Decorate Dublin” Holiday Contest in
support of the “Discover Dublin CA” effort. The friendly contest seeks to elevate the
festive aesthetic in Dublin’s retail areas during the busy holiday shopping season, to
encourage local shoppers to shop locally, and to promote local Dublin businesses to a
broader audience through participation in the program.
This year, the Chamber administered the contest, including to solicit participation,
register businesses in the contest, take photos of the displays and put together the
prizes. City staff assisted with outreach and hosted the online survey for the People's
Choice award.
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Page 2 of 2
Fifteen Dublin businesses participated in the contest.
The 2017 winners are:
· Most Festive/Creative: B & S Hacienda Auto Body
· Best Use of Light: Luso American Financial
· Best Interior: LaQuinta Inn & Suites
· People's Choice: Select Imaging
The "People's Choice" Award was voted on by 32 contributors to the City’s "Open City
Hall" forum. The other three categories were selected by a panel of judges comprised of
representatives from both the Chamber and the City.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The contest was promoted by the Chamber to Chamber members. It was also promoted
on Facebook, Twitter, the City's website, the Chamber's website and in the City's
business e-newsletter.
ATTACHMENTS:
1. 2017 Decorate Dublin Holiday Contest Winners
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2017 Decorate Dublin Holiday Contest Winners
People's Choice Award:
Select Imaging
6398 Dougherty Road, #27
www.selectimaging.com
Most Festive Award:
B & S Hacienda Auto Body
5787 Scarlett Court
www.bshacienda.com/dublin/
Best use of Lights Award:
Luso American Financial
7080 Donlon Way, Ste.
200www.luso-american.org
Best Interior Award:
LaQuinta Inn & Suites
6275 Dublin Blvd.
laquintadublinpleasanton.com
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STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Acceptance of Donations from the Altamont Cruisers Car Club, Valley
Spokesman Touring Club and the Bilich Family
Prepared by: Victor Fox, Lieutenant
EXECUTIVE SUMMARY:
Dublin Police Services was recently given donations from the Altamont Cruisers Car
Club ($2,500), the Valley Spokesmen Touring Club ($500) and the Bilich Family ($750).
All donations will be used for operating supplies and training for the Crime Prevention
Unit. The City Council will present the Altamont Cruisers Car Club, the Valley
Spokesmen Touring Club and the Bilich Family with a Certificate of Appreciation for
their donation.
STAFF RECOMMENDATION:
Formally accept the donations and recognize each donor.
FINANCIAL IMPACT:
Upon acceptance of the donations, Staff will reflect the $3,750 in both revenue and
expenditures in the Fiscal Year 2017-18 Police Services Budget.
DESCRIPTION:
On Thursday, November 16, 2017, Dublin Police Services received a letter and check in
the amount of $500 from the Valley Spokesmen Touring Club. The letter indicated that
the Valley Spokesmen wanted to provide the donation in support of the Dublin Police
Services “Bicycle Safety Program.” The funds were made available as a result of
proceeds from the “Cinderella Classic/Challenge” bicycle tour in April 2017.
The Dublin Police Services Crime Prevention Unit coordinates and sponsors several
bicycle safety events throughout the year that target Dublin youth. The donation will
allow Crime Prevention to purchase additional bicycle safety literature, bicycle helmets,
obstacle course materials, and bicycle maintenance supplies. With these additional
funds, the Crime Prevention Unit will be able to expand the bicycle safety program for
the children in our community.
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On Tuesday, December 12, 2017, Lieutenant Victor Fox attended a meeting with the
Altamont Cruisers Car Club on behalf of Dublin Police Services. At the meeting, the
Altamont Cruisers presented him with a check for $2,500 to assist with the DARE
program.
The funds received will be used to send one School Resource Officer to the California
Narcotic Officers Association Training Conference and one Crime Prevention Officer to
the National Conference on Bullying. Because of the ever-changing dynamics of drug
education, it is essential the School Resource Officers get the most updated training
possible. Because of this training, School Resource Officers are able to enhance their
knowledge of current drug trends. The National Conference on Bullying is offered once
a year and will assist the Crime Prevention Officer with enhancing their skills in
identifying and dealing with childhood bullying. Bullying is also a component of our
successful DARE program and is a serious issue facing our school-aged children today.
The funds were made available as a result of profit the Altamont Cruisers Car Club
made from their annual car show.
On January 2, 2018, Dublin Police Services received a letter and check in the amount of
$750 from Anthony, Angela and Lauren Bilich. The letter indicated that the Bilich family
wanted to provide the donation in support of Dublin Police youth programs including
those which provide drug education and awareness. The funds received will be utilized
to assist with both the DARE program and supplies for Red Ribbon Week.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Altamont Cruisers Car Club Certificate of Recognition
2. Valley Spokesmen Touring Club Certificate of Recognition
3. Bilich Family Certificate of Recognition
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CERTIFICATE OF RECOGNITION
Presented to
ALTAMONT CRUISERS CAR CLUB
In Special Recognition and Appreciation for Your Generous Grant of
$2,500 Supporting Drug Education Awareness Youth Programs in Dublin.
Presented by the
City Council of the City of Dublin
February 6, 2018
_________________ ________________
Mayor David G. Haubert Vice Mayor Don Biddle
_____ ___ __ ______ __
Councilmember Abe Gupta Councilmember Arun Goel Councilmember Melissa Hernandez
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CERTIFICATE OF RECOGNITION
Presented to
VALLEY SPOKESMEN TOURING CLUB
In Special Recognition and Appreciation for Your Generous Donation of
$500 Supporting the Bicycle Safety Program for Youth in Dublin.
Presented by the
City Council of the City of Dublin
February 6, 2018
_________________ ________________
Mayor David G. Haubert Vice Mayor Don Biddle
_____ ___ __ ______ __
Councilmember Abe Gupta Councilmember Arun Goel Councilmember Melissa Hernandez
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CERTIFICATE OF RECOGNITION
Presented to
THE BILICH FAMILY
In Special Recognition and Appreciation for Your Generous Donation of
$750 Supporting the DARE Program and Red Ribbon Week for Youth in Dublin.
Presented by the
City Council of the City of Dublin
February 6, 2018
_________________ ________________
Mayor David G. Haubert Vice Mayor Don Biddle
_____ ___ __ ______ __
Councilmember Abe Gupta Councilmember Arun Goel Councilmember Melissa Hernandez
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STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Introduction of New Board of Trustee for the Alameda County Mosquito
Abatement District
Prepared by: Walfred Solorzano, Deputy CIty Clerk
EXECUTIVE SUMMARY:
Alan Brown, the City of Dublin’s newly-appointed Trustee to the Alameda County
Mosquito Abatement District’s Board of Trustees, will be introduced.
STAFF RECOMMENDATION:
Welcome Mr. Brown.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
Alan Brown, the City of Dublin’s newly-appointed Trustee to the Alameda County
Mosquito Abatement District’s Board of Trustees, will be introduced.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Community Spotlight: Certificate of Recognition for Hope Hospice
Prepared by: Suzanne Iarla, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will present a "Community Spotlight" certificate of recognition to Hope
Hospice in recognition of their continued contributions to the Dublin community.
STAFF RECOMMENDATION:
Present the certificate to Jennifer Pettley, Director of Development for Hope Hospice
and Home Health.
FINANCIAL IMPACT:
None.
DESCRIPTION:
In an effort to highlight the benefits of non-profit agencies that serve the Dublin
community, the City Council will present a "Community Spotlight" certificate to Hope
Hospice in recognition of their contributions to the Dublin community by providing quality
end-of-life care for hospice and advanced illness care patients and grief support for
families in the Tri-Valley and surrounding areas.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Community Spotlight Certificate: Hope Hospice
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CERTIFICATE OF RECOGNITION
Given to
HOPE HOSPICE
In recognition of their continued contributions to the Dublin community by
providing quality end-of-life care for hospice and advanced illness care patients
and grief support for families in the Tri-Valley area.
Presented by the
City Council of the City of Dublin
Dated: February 6, 2018
Mayor David G. Haubert Vice Mayor Don Biddle
Councilmember Abe Gupta Councilmember Arun Goel Councilmember Melissa Hernandez
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Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Employee Introduction: Steve Windsor
Prepared by: Colleen Tribby, Director of Administrative Services
EXECUTIVE SUMMARY:
The City Council will be introduced to new City Staff member Steve Windsor, Network
Systems Coordinator.
STAFF RECOMMENDATION:
Welcome City of Dublin Staff member.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff member Steve Windsor, Network Systems Coordinator, will be
introduced to the City Council.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of the January 9, 2018 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 January 9, 2018 Regular
City Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the January 9, 2018 Regular City Council meeting.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
The City Council will consider approval of the minutes of the January 9, 2018 Regular
City Council meeting.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Draft Minutes of the January 9, 2018 Regular City Council Meeting
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – JANUARY 9, 2018
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
JANUARY 9, 2018
Closed Session
1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision
(d) of Section 54956.9: 2 cases
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 12+/- acre parcel located about 1,000 feet northwest of intersection of
Dublin Blvd. and Arnold Road (portion of the Camp Parks property)
Agency negotiator: Christopher L. Foss, City Manager
Negotiating parties: Dublin Unified School District
Under negotiation: Price and terms of payment
1. Call to Order and Pledge of Allegiance – The meeting was called to order at 7:00
p.m. The pledge of allegiance was recited by the City Council, Staff, and those present
at the meeting.
Mayor Haubert recognized National Law Enforcement Appreciation Day and thanked
Dublin Police and other local police authorities.
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. Report on Closed Session – There was no reportable action out of Closed Session,
and the City Council agreed to reconvene to Closed Session after the end of the
Regular meeting.
3. Oral Communications
3.1. East Bay Community Energy Status Update
Annie Henderson, Vice President of Marketing and Account Services for East
Bay Community Energy, made a presentation.
The City Council received the East Bay Community Energy status update.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
JANUARY 9, 2018
3.2. Public Comment
Jean Josey, Dublin resident, provided public comment.
Jeff Gebel, Dublin resident, provided public comment.
Michelle McDonald, Dublin resident, provided public comment.
Ramya Ramakrishnan, Dublin resident, provided public comment.
3. Consent Calendar
4.1. Approved the minutes of the December 19, 2017 Regular and December 26, 2017
Special City Council meetings.
4.2. Adopted RESOLUTION NO. 01 – 18 ACCEPTING THE DUBLIN SPORTS GROUNDS RENOVATION PROJECT (CIP NO. PK0416) 4.3. Adopted RESOLUTION NO. 02 – 18 AWARDING A CONTRACT FOR PROJECT NO. PK0105 TO BOCKMAN AND WOODY ELECTRIC CO. FOR THE FIBER CONNECTION TO THE WAVE AT EMERALD GLEN PARK 4.4. Adopted RESOLUTION NO. 03 – 18 APPROVING CONTRACT INSTRUCTOR SERVICES AGREEMENTS WITH AKSHAY ARORA DBA ARORA TENNIS, EDGE GYMNASTICS, KIDZ LOVE SOCCER AND MAKE ME A PRO SPORTS 4.5. Adopted RESOLUTION NO. 04 – 18 AMENDING THE MASTER FEE SCHEDULE TO INCLUDE A MILITARY DISCOUNT TO THE WAVE ENTRANCE FEE 4.6. Adopted RESOLUTION NO. 05 – 18 WAIVING THE COMPETITIVE BID PROCESS AND APPROVING THE PURCHASE OF TWO FIRE ENGINES THROUGH COOPERATIVE PURCHASING PROGRAM CONTRACTS, AND APPROVING THE OUTFITTING OF THE FIRE ENGINES BY THE ALAMEDA COUNTY FIRE DEPARTMENT AS A SOLE SOURCE PROVIDER
4.1.a
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DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
JANUARY 9, 2018
4.7. Approved the budget calendar for Fiscal Years 2018-2019 and 2019-2020.
4.8. Received the Payment Issuance Report.
4.9. Appointed Alan Brown to the Alameda County Mosquito Abatement District Board
of Trustees and adopted
RESOLUTION NO. 06 – 18
MAKING AN APPOINTMENT TO THE ALAMEDA COUNTY MOSQUITO
ABATEMENT DISTRICT BOARD OF TRUSTEES
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Melissa Hernandez, Councilmember
SECOND: Abe Gupta, Councilmember
AYES: Haubert, Biddle, Goel, Gupta, Hernandez
5. Written Communication – None.
6. Public Hearing – None.
7. Unfinished Business
7.1. Ashton at Dublin Station (Transit Center Site A-3) Planned Development
Rezone with a related Stage 2 Development Plan, Site Development Review
Permit, and Tentative Map 8437 (PLPA 2017-00036)
Khoi Bui provided public comment.
Victoria Fierce provided public comment.
Jeff Gebel provided public comment.
R. Jing Firmeza, Dublin resident, provided public comment.
Manas Lenke, Dublin resident, provided public comment.
Ramya Ramakrishnan, Dublin resident, provided public comment.
Robert McCollum, Vice President of Development for UDR, made a presentation.
Megan Jennings, counsel for applicant from Morrison & Foerster LLP, made a
presentation.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
JANUARY 9, 2018
By consensus, the City Council directed Staff to work with the Applicant and
schedule a study session for a future date.
7.2. Consideration of Potential Ballot Measures on Council and Mayoral Term
Limits and Mayoral Term of Office
David Burrows provided public comment.
R. Jing Firmeza, Dublin resident, provided public comment.
Mike Grant, Dublin resident, provided public comment.
Debbi Del Conte provided public comment.
Ramya Ramakrishnan, Dublin resident, provided public comment.
7.3. Utility Box Art 2018 Design Selection
By consensus, the City Council approved the artwork and added the alternate
artwork selection to be used on another utility box.
7.4. Dublin Crossing Community Park Conceptual Plan
Joe Guerra, Senior Director of Business Strategies for Brookfield Residential
made a presentation and responded to questions posed by the City Council.
The City Council approved the Dublin Crossing Community Park Final
Conceptual Plan with the inclusion of seeking the add alternate plans and the
Kinder Morgan site.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Don Biddle, Vice Mayor
SECOND: Arun Goel, Councilmember
AYES: Haubert, Biddle, Goel, Gupta, Hernandez
8. New Business
8.1. Edy Coleman Memorial Bench
By consensus, the City Council continued the item.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 5
REGULAR MEETING
JANUARY 9, 2018
8.2. Approval of a Banner Program Honoring Military Personnel
Adopted
RESOLUTION NO. 07 – 18
APPROVING A MILITARY BANNER PROGRAM
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Melissa Hernandez, Councilmember
SECOND: Don Biddle, Vice Mayor
AYES: Haubert, Biddle, Goel, Gupta, Hernandez
8.3. Overview of Public Facility Fee Program
The City Council received the report and directed Staff to establish a repayment
policy for loans or advances from the General Fund.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Don Biddle, Vice Mayor
SECOND: Abe Gupta, Councilmember
AYES: Haubert, Biddle, Goel, Gupta, Hernandez
8.4. Capital Improvement Program - Project Updates and Park Openings
The City Council received the report on current Capital Improvement Program
updates.
8.5. Volunteer Recognition - Proposed Event and Program Modifications
By consensus, the City Council continued the item.
8.6. Consideration of Use of Rosenberg’s Rules of Order
By consensus, the City Council continued the item.
8.7. Lease and Option to Purchase 12-Acre Site in Dublin Crossing
Development for a School and Park Site
By consensus, the City Council continued the item.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 6
REGULAR MEETING
JANUARY 9, 2018
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).
By consensus, the City Council directed Staff to meet with BART.
10. Adjournment
The meeting was adjourned at 10:05 p.m. and stated that the City Council would
reconvene to Closed Session at a later date.
Mayor
ATTEST:
___________________________
City Clerk
4.1.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Declaration of Weeds and Combustible Debris Abatement
Prepared by: Bonnie Terra, Division Chief/Fire Marshal
EXECUTIVE SUMMARY:
In accordance with Dublin Municipal Code section 5.70.030, the City Council may
declare that there is a public nuisance created by weeds and combustible debris
growing and accumulating upon the streets, sidewalks and property within the City of
Dublin. This declaration requires the Fire Chief or his designee to notify property
owners of the nuisance conditions and demand that the conditions be abated without
delay. If the abatement is not completed, the City of Dublin shall, at the expense of the
owner, have the weeds or refuse removed.
STAFF RECOMMENDATION:
Adopt the Resolution Declaring Weeds and Combustible Refuse a Public Nuisance
and Ordering the Abatement Thereof; direct Staff to notify the public of the adoption or
this Resolution; and schedule a public hearing for the April 3, 2018 City Council meeting
at which time the City Council will hear and consider objections to this abatement order.
FINANCIAL IMPACT:
None.
DESCRIPTION:
In accordance with Dublin Municipal Code section 5.7.030, the City Council may declare
that there is a public nuisance created by weeds and combustible debris growing or
accumulating upon the streets, sidewalks and property within the City of Dublin. With
this declaration, the Fire Chief or his designee is required to notify property owners of
the nuisance conditions and demand that the conditions be abated without delay. If the
abatement is note completed, the City of Dublin shall, at the expense of the owner, have
the weeds and refuse removed.
The proposed public hearing date will be April 3, 2108 with the intention on allowing for
the abatement process to be completed prior to June 29, 2018. Starting the process at
4.2
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Page 2 of 2
this time will allow for Staff to complete the process within the time frame while still
abiding by the City's applicable ordinances.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and
Ordering the Abatement Thereof
4.2
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ATTACHMENT 1
RESOLUTION NO. -18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF
WHEREAS, Government Code Section 39502 et. seq. authorizes the legislative body of a
city to adopt an Ordinance to provide for the abatement of weeds and combustible refuse; and
WHEREAS, the Alameda County Fire Department is under contract to provide services
and exercise the powers common to the City of Dublin; and
WHEREAS, the City of Dublin did adopt Ordinance No. 13-97, adding Chapter 5.70 of the
Dublin Municipal Code [Weeds and Refuse] providing for the abatement of weeds and refuse.
NOW, THEREFORE BE IT RESOLVED that:
1. Pursuant to section 5.70.030 of the Dublin Municipal Code, the Alameda County Fire
Department and the City of Dublin hereby declare as public nuisances all weeds and refuse
growing or accumulating upon the streets, sidewalks, and property as defined in section
5.70.030, in the City of Dublin.
2. The Fire Chief, or his designee, shall cause notice to be given to the public in the form
and manner provided in sections 5.70.030 and 5.70.040 of the Dublin Municipal Code, notifying
said public of the passage of this Resolution and further that on April 3, 2018 at 7:00 p.m., the
City Council of the City of Dublin will conduct a public hearing to hear and consider objections to
this abatement order.
PASSED, APPROVED AND ADOPTED this 6th day of February, 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.2.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
On-Call Architectural Services Agreements
Prepared by: Nancy McDonnell, Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider approving consulting services agreements for on-call
architectural services with WRNS Studio, LPA Inc., Group 4 Architecture, Research &
Planning, Inc., and Dahlin Group. The term of these agreements shall begin February 6,
2018 and shall end on June 30, 2021.
STAFF RECOMMENDATION:
Adopt the Resolution Approving On-Call Consulting Services Agreements with WRNS
Studio, LPA, Inc., Group 4 Architecture, Research + Planning, Inc., and Dahlin Group.
FINANCIAL IMPACT:
Architectural services will primarily support Capital Improvement Program (CIP)
projects, which will be funded by approved and appropriated capital budgets.
Architectural services may also support certain maintenance projects, which will be
funded by approved and appropriated operating budgets. Staff estimates spending no
more than a total of $1,750,000 over a three-year period for on-call architectural
services.
DESCRIPTION:
The Public Works Department utilizes consultants on CIP projects, private development
projects, and for on-call, as needed services. Staff identified a need for on-call
architectural services and staff solicited, through an open and competitive Request for
Qualifications (RFQ) process, on-call architectural services to firms located with the Bay
Area. The RFQ specified that selection would be based on quality and completeness of
submissions as well as a firm's experience with engagements of similar scope and
complexity. The RFQ was sent to firms previously under contract with the City and to
firms that had expressed interest in receiving RFQs. The RFQ was also posted to the
City's website.
4.3
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Page 2 of 2
The RFQ process is used to identify consulting firms with the necessary background
and experience to provide services as well as making certain that the cost for services
is competitive. The RFQ identified the first potential project need as being architectural
services for the improvements identified for the Cultural Arts Center as a bas is for
evaluating the firms.
Ten submissions were received, and after reviewing all qualifications, Staff determined
that all 10 submissions qualified to provide services to the City. Though all 10 firms are
qualified, Staff selected four of the 10 firms to provide on-call services for a three-year
term. Each of the four selected firms have provided similar services to various
municipalities around the Bay Area. Short descriptions of the firms are as follows:
WRNS Studio, located in San Francisco, has completed similar work for the cities
of San Francisco, Irvine, Sonoma County, and the Town of Atherton.
LPA, located in San Jose, has completed similar projects for the cities of Santa
Clara, Walnut Creek, Brentwood, and Laguna Niguel.
Group 4, located in San Francisco, has completed similar projects for the cities of
Pleasanton, Menlo Park, Burlingame, Palo Alto, and San Jose.
Dahlin Group, located in Pleasanton, has completed work on a few projects for
the City of Dublin, and similar projects for the cities of Mountain View, Pleasant
Hill, Walnut Creek, and Livermore.
Because the other six firms that responded to the RFQ were determined to be qualified ,
they will remain on the City’s Managed Qualified Bid List. The City reserves the right to
enter, at a future date, into an agreement with any of these firms, which are: SVA, Noll
& Tam, LPAS, ATI, KPA, and Gutierrez & Associates.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the staff report has been provided to each of the selected firms.
ATTACHMENTS:
1. Resolution Approving Consulting Services Agreements for On-Call Architectural
Services
2. Exhibit A of Resolution - Agreement with WRNS Studio
3. Exhibit B of Resolution - Agreement with LPA
4. Exhibit C of Resolution - Agreement with Group 4 Architecture Research & Planning,
Inc.
5. Exhibit D of Resolution - Agreement with Dahlin Group
4.3
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RESOLUTION NO. XX- 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING ON-CALL CONSULTING SERVICES AGREEMENTS WITH WRNS
STUDIO, LPA, INC., GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.,
AND DAHLIN GROUP FOR ARCHITECTURAL SERVICES
WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for
On-Call Architectural Services; and
WHEREAS, Staff reviewed and selected the four most qualified firms to provide
services; and
WHERAS, the City wishes to enter into agreements with WRNS Studio, LPA Inc.,
Group 4 Architecture, Research + Planning, Inc., and Dahlin Group for a term through
June 30, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the On-Call Consulting Services Agreements with WRNS
Studio, LPA Inc., Group 4 Architecture, Research + Planning, Inc., and Dahlin Group as
attached hereto as Exhibit “A”, Exhibit “B”, Exhibit “C”, and Exhibit “D” to this Resolution;
and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreements, attached hereto as Exhibit "A", Exhibit “B”, Exhibit “C”, and Exhibit “D” and
make any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of February, 2018, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
4.3.a
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ATTEST:
_______________________________________
City Clerk
4.3.a
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1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
WRNS STUDIO
This Agreement is made and entered into between the City of Dublin ("City") and WRNS Studio (“Consultant”) as of
February 6, 2018 (the “Effective Date”). In consideration of their mutual covenants, the parties hereto agree as
follows:
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, 2021, 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
professional 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 one million dollars,
($1,000,000.), notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services
to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement
shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is
based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and
benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and
4.3.b
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its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this
Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this 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:
▪ 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 copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under this
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, and each reimbursable expense
▪ 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;
▪ 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 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Consultant in rendering services pursuant to this Agreement. City shall make no payment for any
extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. Fees for work performed by Consultant 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 Reimbursable Expenses. Reimbursable expenses, specified below, will be considered on
a task by task basis, and invoiced at no more than cost plus 10 percent. Reimbursable
expenses represent out-of-pocket expenses advanced by WRNS Studio and its sub -
consultants that are made on behalf of the Owner. They will be billed in addition to the fees
4.3.b
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for Basic and Additional Services and include: printing/reproduction, plotting, postage and
delivery charges, model supplies for models produced in-house, presentation boards and
mounting, project related photography, video conference charges, and travel outside of a
100-mile radius of WRNS Studio offices. Reimbursable expenses, Services of sub-
consultants retained as part of an Additional Service or as specifically requested by the
Owner, and sub-consultants’ reimbursable expenses will be billed at 1.1 times WRNS
Studio’s direct cost to cover administrative expenses. Expenses not listed, are not
chargeable to the City. Reimbursable expenses are included in the total amount of
compensation provided under this agreement.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 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.
2.8 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, 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
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 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
4.3.b
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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 04 12. 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 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
4.3.b
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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.
4.3.3 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
4.3.b
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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 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
4.3.b
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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, and hold 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 in accordance with the provisions of CA civil code section 2782.8
however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage
fault. 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.
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.
4.3.b
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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.
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 Agreement upon 30 days’ written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such compensation
upon Consultant delivering to City any or all documents, photographs, computer software, video
and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants
such an extension, City shall have no obligation to provide Consultant with compensation beyond
the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
4.3.b
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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 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
4.3.b
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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 of Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location, would place Consultant in a
“conflict of interest,” as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code 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
4.3.b
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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.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www.fppc.ca.gov/Form700.html.
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:
WRNS Studio
Attn: Pauline Souza
501 Second St., Fourth Floor, Ste. 402
San Francisco, CA 94107
Any written notice to City shall be sent to:
The City of Dublin
Attn: Gary Huisingh
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including Exhibits A, B, and C, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
4.3.b
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IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this
Agreement on the 6th day of February, 2018.
CITY OF DUBLIN CONSULTANT
____________________________ ______________________________
Christopher L. Foss, City Manager Pauline Souza, Partner-in-Charge
Attest:
____________________________
Caroline Soto, City Clerk
Approved as to Form:
____________________________
John Bakker, City Attorney
4.3.b
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EXHIBIT A
SCOPE OF SERVICES
.
Consultant shall provide On Call Architectural Services for a number of Capital Improvement Program (CIP) projects
as requested by the CIP Manager, or their designee. Services may include but not be limited to:
Provide architectural services for preliminary design and costing to renovate existing municipal buildings.
Provide architectural services to establish a place holder for potential new CIP projects such as indoor athletic court
space, new outdoor recreation amenities and potential renovations of existing space for recreational use.
Provide architectural services for a variety of CIP projects, ranging from large facilities to tenant improvements. These
services could range from technical assistance to full design development of plans, specifications, and estimate (PS&E)
packages with design support services for CIP projects.
4.3.b
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EXHIBIT B
COMPENSATION SCHEDULE
WRNS STUDIO
Architecture, Sustainability, and Interior Design
HOURLY RATES
Founding Partner $295.00
Director of Sustainability $290.00
Partner $245.00
Senior Architect/Planner $200.00
Project Director $195.00
Project Manager $190.00
REVIT Manager $175.00
Project Architect $165.00
Project Designer $160.00
Project Coordinator/Job Captain $155.00
Intermediate Architect $145.00
Intermediate Designer $125.00
Junior Designer $ 90.00
Senior Interior Designer $195.00
Interior Designer $150.00
Senior Graphic Designer $170.00
Sustainability Coordinator $ 95.00
Project Administrator $ 95.00
These rates remain in effect through June 30, 2018, at which time the City of Dublin allows for a CPI adjustment for
the new fiscal year, beginning July 1, 2018 and each fiscal year thereafter. This adjustment shall be based on the
San Francisco Bay Area Consumer Price Index (CPI). Consultant shall submit to the CIP Manager, or their
designee, in writing, proposed new rates for approval, prior to taking effect.
Please note, reimbursable expenses are included in Agreement’s not-to-exceed total of $1,000,000. Any increases
to this amount will need to be approved, in writing, by the CIP Manager, or their designee.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov.
4.3.b
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EXHIBIT C
CONFLICT OF INTEREST ACKNOWLEDGMENT
WRNS Studio confirms their ability to meet the City of Dublin’s Conflict of Interest requirements as stated in Section
10.7 of the Consulting Services Agreement and for the term of this contract, no member, officer or employee of the
City of Dublin, or of a public body within Alameda County, or member or delegate to the Congress of the United
States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or
material benefit arising therefrom.
WRNS Studio shall provide a list of any potential conflicts of interest in working for the City of Dublin. This must
include, but is not limited to, a list of WRNS Studio clients who are the following: Private clients located or operating
within the City of Dublin limits, Dublin San Ramon Services District, US Army Camp Parks and/or the County of
Alameda, and a brief description of work for these clients. WRNS Studio must also identify any other clients
(including public entities), that may pose a potential conflict of interest, as well as a brief description of work provided
to these clients. This list must include all potential conflicts of interest within the year prior to the release of the RFQ
for this agreement, as well as current and future commitments to other projects.
As of the date of this agreement, We, the Principles of WRNS do not have any Conflict of Interests as defined by this
Exhibit C.
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.
CONSULTANT: WRNS Studio
____________________________
Pauline Souza, Partner-in-Charge
4.3.b
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
LPA, INC.
This Agreement is made and entered into between the City of Dublin ("City") and LPA, Inc. (“Consultant”) as of
February 6, 2018, (the “Effective Date”). In consideration of their mutual covenants, the parties hereto agree as
follows:
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, 2021, 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
professional 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 two hundred and
fifty thousand dollars ($250,000.), notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a
conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments
from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is
based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and
benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and
4.3.c
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its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this
Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this 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:
▪ 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 copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under this
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, and each reimbursable expense
▪ 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;
▪ 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 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Consultant in rendering services pursuant to this Agreement. City shall make no payment for any
extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. Fees for work performed by Consultant 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 Reimbursable Expenses. Reimbursable expenses, specified below, will be considered on a task
by task basis, and invoiced at no more than cost plus 15 percent. Expenses not listed below, are
not chargeable to the City. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement.
Reimbursable expenses include:
4.3.c
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Reproduction, plotting, express mailing, mileage, airfare, and delivery charges.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 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.
2.8 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, 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
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 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 04 12. 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.
4.3.c
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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 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.
4.3.c
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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.
4.3.3 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. Reserved.
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.
4.3.c
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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 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;
4.3.c
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▪ 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 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 and with regard to actions based upon professional negligence pursuant
to the existing Civil Code Section 2782.8 including the cost to defend charged to Consultant, which shall not exceed
the determination of the Consultant’s proportionate percentage of fault. There shall be a determination of
proportional liability before any payment or reimbursement of defense costs are required. 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.
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.
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
4.3.c
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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 Agreement upon 30 days’ written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such compensation
upon Consultant delivering to City any or all documents, photographs, computer software, video
and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants
such an extension, City shall have no obligation to provide Consultant with compensation beyond
the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement
contemplates personal performance by Consultant and is based upon a determination of
4.3.c
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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 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
4.3.c
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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 of Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location, would place Consultant in a
“conflict of interest,” as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code 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.
4.3.c
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Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www.fppc.ca.gov/Form700.html.
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:
LPA, Inc.
Attn: Jon Mills
5161 California Ave., Ste. 100
Irvine, CA 92617
Any written notice to City shall be sent to:
The City of Dublin
Attn: Gary Huisingh
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including Exhibits A, B and C, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
4.3.c
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IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this
Agreement on the 6th day of February, 2018.
CITY OF DUBLIN CONSULTANT
__________________________________ ______________________________
Christopher L. Foss, City Manager Jon Mills, Chief Operating Officer
Attest:
____________________________
Caroline Soto, City Clerk
Approved as to Form:
____________________________
John Bakker, City Attorney
4.3.c
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EXHIBIT A
SCOPE OF SERVICES
.
Consultant shall provide On Call Architectural Services for a number of Capital Improvement Program (CIP) projects
as requested by the CIP Manager, or their designee. Services may include but not be limited to:
Provide architectural services for preliminary design and costing to renovate existing municipal buildings.
Provide architectural services to establish a place holder for potential new CIP projects such as indoor athletic court
space, new outdoor recreation amenities and potential renovations of existing space for recreational use.
Provide architectural services for a variety of CIP projects, ranging from large facilities to tenant improvements. These
services could range from technical assistance to full design development of plans, specifications, and estimate (PS&E)
packages with design support services for CIP projects.
4.3.c
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EXHIBIT B
COMPENSATION SCHEDULE
LPA, INC.
HOURLY RATES
Principal $ 245.00
Director $ 215.00
Discipline Director $ 205.00
Project Director $ 185.00
Project Leader $ 165.00
Manager $ 145.00
Design Coordinator II $ 140.00
Senior Specialist $ 120.00
Design Coordinator I $ 115.00
Designer III $ 105.00
Designer II $ 95.00
Specialist $ 90.00
Designer I $ 85.00
Intern $ 70.00
These rates remain in effect through June 30, 2018, at which time the City of Dublin allows for a CPI adjustment for
the new fiscal year, beginning July 1, 2018 and each fiscal year thereafter. This adjustment shall be based on the
San Francisco Bay Area Consumer Price Index (CPI). Consultant shall submit to the CIP Manager, or their
designee, in writing, proposed new rates for approval, prior to taking effect.
Please note, reimbursable expenses are included in Agreement’s not-to-exceed total of $250,000. Any increases to
this amount will need to be approved, in writing, by the CIP Manager, or their designee.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov.
4.3.c
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EXHIBIT C
CONFLICT OF INTEREST ACKNOWLEDGMENT
LPA, Inc. confirms their ability to meet the City of Dublin’s Conflict of Interest requirements as stated in Section 10.7
of the Consulting Services Agreement and for the term of this contract, no member, officer or employee of the City of
Dublin, or of a public body within Alameda County, or member or delegate to the Congress of the United States,
during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material
benefit arising therefrom.
LPA, Inc. shall provide a list of any potential conflicts of interest in working for the City of Dublin. This must include,
but is not limited to, a list of LPA, Inc. clients who are the following: Private clients located or operating within the City
of Dublin limits, Dublin San Ramon Services District, US Army Camp Parks and/or the County of Alameda, and a
brief description of work for these clients. LPA, Inc. must also identify any other clients (including public entities), that
may pose a potential conflict of interest, as well as a brief description of work provided to these clients. This list must
include all potential conflicts of interest within the year prior to the release of the RFQ for this agreement, as well as
current and future commitments to other projects.
As of the date of this agreement, LPA, Inc. has reviewed their project portfolio and did not identify any potential
conflicts of interest based on the criteria shown above, nor for that matter any other potential conflicts of interest.
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.
CONSULTANT: LPA, Inc.
______________________________
Jon Mills, Chief Operating Officer
4.3.c
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1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.
This Agreement is made and entered into between the City of Dublin ("City") and Group 4 Architecture, Research +
Planning, Inc. (“Consultant”) as of February 6, 2018 (the “Effective Date”). In consideration of their mutual
covenants, the parties hereto agree as follows:
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, 2021, 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
professional 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 two hundred and
fifty thousand dollars, ($250,000.), notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a
conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments
from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is
based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and
benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and
4.3.d
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its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this
Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this 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:
▪ 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 copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under this
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, and each reimbursable expense
▪ 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;
▪ 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 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Consultant in rendering services pursuant to this Agreement. City shall make no payment for any
extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. Fees for work performed by Consultant 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 Reimbursable Expenses. Reimbursable expenses, specified below, will be considered on a task
by task basis, and invoiced at no more than cost plus 15 percent. Expenses not listed below, are
not chargeable to the City. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement.
Reimbursable expenses include:
4.3.d
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CAD plotting of check sets and presentation drawings.
Outside service printing/copying of drawings and documents of any size.
Photographic and digital imaging, including color and gray scale copies of any size.
In-house black and white photocopying for draft and final reports and final reports and
specifications.
In-house black and white printing/copying of drawings larger than 11” x 17”.
Outside telephone conferencing services.
Postage, delivery and messenger service.
Overtime expenses with prior client approval.
Architectural renderings, physical and digital scale models and animations.
Videos, web services, opinion surveys.
Travel expenses, including mileage, tolls, lodging and meals.
Sub-consultant costs.
Presentation boards.
Facilitation tools.
Workshop accessories and facilitation materials.
Software purchase and licensure on behalf of the client.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 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.
2.8 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, 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
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
4.3.d
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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
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 04 12. 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 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”).
4.3.d
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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.
4.3.3 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.
4.3.d
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c. If coverage is canceled or not renewed and it is not replaced with another claims-
made policy form with a retroactive date that precedes the date of this
Agreement, Consultant 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 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
4.3.d
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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, defend, keep and save harmless the City, and City Councilmembers,
officers, agents and employees against liability for damages arising out of any injury to persons or property, including
death, that may occur, in the course of the performance of this Agreement to the extent actually caused by a
negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or
agents. Consultant has no obligation to pay for any defense related cost prior to a final determination of its liability,
and following any such determination of its liability, Consultant shall be responsible to pay an amount of such costs
not exceeding the finally determined percentage of liability based upon the comparative fault of the Consultant.
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.
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.
4.3.d
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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.
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 exercise
due professional care to 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 Agreement upon 30 days’ written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such compensation
upon Consultant delivering to City any or all documents, photographs, computer software, video
4.3.d
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and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants
such an extension, City shall have no obligation to provide Consultant with compensation beyond
the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement
contemplates personal performance by Consultant and is based upon a determination of
Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Consultant shall survive the termination of this
Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this
Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Provide ten days’ notice to terminate 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
4.3.d
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specifically for the City and are not necessarily suitable for any future or other use. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports and other
documents are confidential and will not be released to third parties without prior written consent of
both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents evidencing or
relating to charges for services or expenditures and disbursements charged to the City under this
Agreement for a minimum of 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 of Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location, would place Consultant in a
“conflict of interest,” as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
4.3.d
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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.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www.fppc.ca.gov/Form700.html.
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:
Group 4 Architecture, Research + Planning, Inc.
Attn: Dawn Merkes
211 Linden Ave.
South San Francisco, CA 94080
Any written notice to City shall be sent to:
The City of Dublin
Attn: Gary Huisingh
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including Exhibits A, B, and C, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
4.3.d
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IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this
Agreement on the 6th day of February, 2018.
CITY OF DUBLIN CONSULTANT
____________________________ ______________________________
Christopher L. Foss, City Manager Dawn Merkes, Principal
Attest:
____________________________
Caroline Soto, City Clerk
Approved as to Form:
____________________________
John Bakker, City Attorney
4.3.d
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide On Call Architectural Services for a number of Capital Improvement Program (CIP) projects
as requested by the CIP Manager, or their designee. Services may include but not be limited to:
Provide architectural services for preliminary design and costing to renovate existing municipal buildings.
Provide architectural services to establish a place holder for potential new CIP projects such as indoor athletic court
space, new outdoor recreation amenities and potential renovations of existing space for recreational use.
Provide architectural services for a variety of CIP projects, ranging from large facilities to tenant improvements. These
services could range from technical assistance to full design development of plans, specifications, and estimate (PS&E)
packages with design support services for CIP projects.
4.3.d
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EXHIBIT B
COMPENSATION SCHEDULE
GROUP 4
Architecture, Research, + Planning, Inc.
HOURLY RATES
Principal-in-Charge $230.00
Principal $220.00
Associate $200.00
Project Manager $175.00
Architect III $170.00
Architect II $160.00
Architect I $150.00
Intern III $140.00
Intern II $130.00
Intern I $120.00
Project Support $100.00 - $230.00
Consultants to the Architect will be billed at 1.15 times direct cost.
These rates remain in effect through June 30, 2018, at which time the City of Dublin allows for a CPI adjustment for
the new fiscal year, beginning July 1, 2018 and each fiscal year thereafter. This adjustment shall be based on the
San Francisco Bay Area Consumer Price Index (CPI). Consultant shall submit to the CIP Manager, or their
designee, in writing, proposed new rates for approval, prior to taking effect.
Please note, reimbursable expenses are included in Agreement’s not-to-exceed total of $250,000. Any increases to
this amount will need to be approved, in writing, by the CIP Manager, or their designee.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov.
4.3.d
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EXHIBIT C
CONFLICT OF INTEREST ACKNOWLEDGMENT
Group 4 Architecture confirms their ability to meet the City of Dublin’s Conflict of Interest requirements as stated in
Section 10.7 of the Consulting Services Agreement and for the term of this contract, no member, officer or employee
of the City of Dublin, or of a public body within Alameda County, or member or delegate to the Congress of the
United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any
direct or material benefit arising therefrom.
Group 4 Architecture shall provide a list of any potential conflicts of interest in working for the City of Dublin. This
must include, but is not limited to, a list of Group 4 Architecture clients who are the following: Private clients located
or operating within the City of Dublin limits, Dublin San Ramon Services District, US Army Camp Parks and/or the
County of Alameda, and a brief description of work for these clients. Group 4 Architecture must also identify any
other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of
work provided to these clients. This list must include all potential conflicts of interest within the year prior to the
release of the RFQ for this agreement, as well as current and future commitments to other projects.
As of the date of this Agreement, Group 4 Architecture is providing architectural services to Brookfield NorCal
Builders for a recreation/aquatics center at the Boulevard/Dublin Crossing development. Group 4 does not consider
this project, nor any of its other current clients or projects, as a conflict of interest for providing on-call services to the
City.
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.
CONSULTANT: Group 4 Architecture, Research + Planning, Inc.
____________________________
Dawn Merkes, Principal
4.3.d
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1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
DAHLIN GROUP
This Agreement is made and entered into between the City of Dublin ("City") and Dahlin Group. (“Consultant”) as of
February 6, 2018 (the “Effective Date”). In consideration of their mutual covenants, the parties hereto agree as
follows:
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, 2021, 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 two hundred and
fifty thousand dollars, ($250,000.), notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a
conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments
from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is
based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and
benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and
4.3.e
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its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this
Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this 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:
▪ 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 copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under this
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, and each reimbursable expense
▪ 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;
▪ 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 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Consultant in rendering services pursuant to this Agreement. City shall make no payment for any
extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. Fees for work performed by Consultant 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 Reimbursable Expenses. Reimbursable expenses, specified below, will be considered on a task by task
basis, and invoiced at no more than cost plus 15 percent. Expenses not listed below, are not chargeable to the
City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement.
Reimbursable expenses include:
4.3.e
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Computer plotting, Consultant fees, additional vendors, outside and delivery services,
printing, graphic materials, photography and photographic reproductions, telephone, and
expert witness consultation; travel expenses and mileage outside of the nine county San
Francisco Bay Area.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 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.
2.8 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, 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
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 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 04 12. 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
4.3.e
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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 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.
4.3.e
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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.
4.3.3 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.
4.3.e
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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 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:
4.3.e
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▪ 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 claims and pay all reasonable
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, however, the cost to defend charged to Consultant
shall not exceed Consultant’s proportionate percentage fault. 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. The Parties acknowledge that this
Agreement is subject to California Civil Code 2782.8.
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.
4.3.e
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, 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 Agreement upon 30 days’ written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such compensation
upon Consultant delivering to City any or all documents, photographs, computer software, video
and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants
such an extension, City shall have no obligation to provide Consultant with compensation beyond
the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
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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 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.
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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 of Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location, would place Consultant in a
“conflict of interest,” as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code 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
4.3.e
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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.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www.fppc.ca.gov/Form700.html.
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:
Dahlin Group
Attn: Gregor Markel
5865 Owens Drive
Pleasanton, CA 94588
Any written notice to City shall be sent to:
The City of Dublin
Attn: Gary Huisingh
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including Exhibits A, B, and C, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
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IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this
Agreement on the 6th day of February, 2018.
CITY OF DUBLIN CONSULTANT
__________________________________ ________________________________
Christopher L. Foss, City Manager Gregor Markel, Senior Principal
Attest:
____________________________
Caroline Soto, City Clerk
Approved as to Form:
____________________________
John Bakker, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
.
Consultant shall provide On Call Architectural Services for a number of Capital Improvement Program (CIP) projects
as requested by the CIP Manager, or their designee. Services may include but not be limited to:
Provide architectural services for preliminary design and costing to renovate existing municipal buildings.
Provide architectural services to establish a place holder for potential new CIP projects such as indoor athletic court
space, new outdoor recreation amenities and potential renovations of existing space for recreational use.
Provide architectural services for a variety of CIP projects, ranging from large facilities to tenant improvements. These
services could range from technical assistance to full design development of plans, specifications, and estimate (PS&E)
packages with design support services for CIP projects.
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EXHIBIT B
COMPENSATION SCHEDULE
DAHLIN GROUP
BASIC HOURLY RATES
Founder $250.00
President $235.00
Vice President / Design Director $235.00
Senior Principal $210.00
Principal $190.00
Director $190.00
Senior Associate $180.00
Associate $170.00
Senior Architect, Senior Project Manager,
Senior Planner, and Senior Designer $160.00
Architect, Project Manager, Designer $130.00
Planning Project Manager and Digital Graphics
Manager $130.00
Senior Graphic Artist $130.00
Designer / Drafter III, Planner III, Graphic Artist III $115.00
Designer / Drafter II, Planner II, Graphic Artist II $104.00
Designer / Drafter I, Planner I, Graphic Artist I $ 94.00
Intern, Clerical, and Corporate Administrator $ 65.00
These rates remain in effect through June 30, 2018, at which time the City of Dublin allows for a CPI adjustment for
the new fiscal year, beginning July 1, 2018 and each fiscal year thereafter. This adjustment shall be based on the
San Francisco Bay Area Consumer Price Index (CPI). Consultant shall submit to the CIP Manager, or their
designee, in writing, proposed new rates for approval, prior to taking effect.
Please note, reimbursable expenses are included in Agreement’s not-to-exceed total of $250,000. Any increases to
this amount will need to be approved, in writing, by the CIP Manager, or their designee.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov.
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EXHIBIT C
CONFLICT OF INTEREST ACKNOWLEDGMENT
Dahlin Group confirms their ability to meet the City of Dublin’s Conflict of Interest requirements as stated in Section
10.7 of the Consulting Services Agreement and for the term of this contract, no member, officer or employee of the
City of Dublin, or of a public body within Alameda County, or member or delegate to the Congress of the United
States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or
material benefit arising therefrom.
Dahlin Group shall provide a list of any potential conflicts of interest in working for the City of Dublin. This must
include, but is not limited to, a list of Dahlin Group clients who are the following: Private clients located or operating
within the City of Dublin limits, Dublin San Ramon Services District, US Army Camp Parks and/or the County of
Alameda, and a brief description of work for these clients. Dahlin Group must also identify any other clients
(including public entities), that may pose a potential conflict of interest, as well as a brief description of work provided
to these clients. This list must include all potential conflicts of interest within the year prior to the release of the RFQ
for this agreement, as well as current and future commitments to other projects.
To the best of Dahlin Group’s knowledge, information, and belief, below please find a list of Dahlin Group’s current
clients and projects that may pose a potential conflict of interest per above.
Client City Project Type
Brookfield Homes Bay Area, Inc. Dublin Residential - Single Family Detached
City of Dublin Dublin Community Amenity
D R Horton America's Builder Dublin Residential - Single Family Detached
Dublin Unified School District Dublin Office
Dutra-Cerro-Graden Dublin Planning - Community Planning
GH PacVest, LLC Dublin Planning - Yield Study
Pacific Meritage Dublin Restaurants
Save Mart Corporation Dublin Retail/Malls/Shopping Centers
Shea Properties Dublin Planning - Community Planning
Taylor Morrison Bay Area Division Dublin Residential - Single Family Detached
TRI Pointe Homes - Bay Area Dublin Residential - Townhome/Duet
TRI Pointe Homes - Bay Area Dublin Residential - Single Family Detached
Valley Children’s Museum Dublin Libraries/Museums
Vinland Grafton Investment LLC Dublin Child Care Center
William Lyon Homes, Inc. Dublin Planning - Yield Study
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.
CONSULTANT: Dahlin Group
____________________________
Gregor Markel, Senior Principal
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Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Emerald Glen Amphitheater Fee Schedule
Prepared by: Tegan McLane, Cultural Arts & Heritage Man ager
EXECUTIVE SUMMARY:
The City Council will consider amending the Master Fee Schedule to include new fees
for rental of the Emerald Glen Amphitheater. The implementation of this fee would
require a change in the Master Fee Schedule.
STAFF RECOMMENDATION:
Adopt the Resolution Amending the Master Fee Schedule for Rental Fees for Emerald
Glen Amphitheater.
FINANCIAL IMPACT:
Funds collected from the rental of the Emerald Glen Amphitheater will be deposited into
account 7701, Facility Operations and Rentals. As this is a new rental facility, Staff does
not yet have an accurate estimate of potential annual revenue. However, any revenues
received for rental of the facility will be used to offset the costs associated with
maintenance and administration expenses associated with the reservations.
DESCRIPTION:
In May 2017, the City of Dublin opened the Emerald Glen Amphitheater for City events.
The Amphitheater is a wide, shallow sloped outdoor amphitheater with cement bench
seating for approximately 150 people and lawn seating for an estimated 350 people for
a total of about 500 people. The Emerald Glen Amphitheater has a cement slab stage
equipped with electrical outlets for sound and lighting equipment. At this time, there is
no cover over the stage to protect it from sun or rain.
As with any new venue, it was expected that certain production challenges would
present themselves only when the venue was put into service. For this reason, during
its first summer of operation, the use of Emerald Glen Amphitheater was restricted to
City events while - Farmers' Market First Thursday concerts, the new Second Tuesday
concerts, performances during Splatter and one Arts Space Grant use by the Dublin
Chinese Association, for a Chinese Moon Festival Concert.
4.4
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With these ten City events successfully completed, Staff is now confident that they have
a good understanding of how to work around the venue's idiosyncrasies and are ready
to open the venue to outside organizations. To make the venue available for rent, City
Council must approve a fee structure.
Staff has bench-marked against ten other outdoor performance venues available for
rent in the Bay Area and compared against City Council-approved pricing for existing
City of Dublin rental facilities and picnic areas.
Outdoor performance venues vary tremendously in seating capacity and amenities, so it
is difficult to make an exact comparison. Those closest in size and structure to ours are
Cupertino's Memorial Park Amphitheater, which seats 150 on concrete benches/200 on
the lawn and rents at $55/hour for residents and $75/hour for non-residents, with a
maximum rental period of 4 hours; and San Jose's Kelly Park Amphitheater which seats
200 on concrete benches/no lawn, and rents for $250/2 hours for residents and $300/2
hours for non-residents.
Dublin's own most-similar venue is Emerald Glen Picnic areas A-B-C, which seats 200
people combined, and rents for $625/day for residents; $490/day for Dublin-based non-
profits fundraising events; and $1,000/day for commercial (ticketed) uses, including fund
raisers by non-profits that are not based in Dublin.
Staff recommends renting the Emerald Glen Amphitheater by the day, rather than by
the hour, as we do with picnic venues, given that most Amphitheater uses will require a
minimum of 4 hours and uses involving equipment set-up and/or rehearsal time, will
likely require 6-8 hours.
Staff also recommends that the same user group divisions used for other facilities be
used for Emerald Glen Amphitheater.
In addition, an hourly rate will be quoted and charged for a Senior Recreation Leader to
serve as the City’s onsite liaison for the entire duration of the use, and for MCE
maintenance workers required for special set-up or clean up tasks be charge at the
actual cost. If the event requires unexpected additional time from either MCE or the
Recreation Leader, the time will be charged to the user.
Based on these factors, Staff recommends the following pricing:
Rental Fees Per Day
Group 1: Public Agencies, and
Group 2: Dublin Chamber of Commerce, Dublin Charitable, Social Welfare
and Sport League Organizations
Group 3A: Individuals/Other Groups - Resident
Group 3B: Individuals/Other Groups - Non-Resident
Group 4A: Commercial Uses - Resident
Group 4B: Commercial Uses - Non-Resident
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User Group/Event Type Emerald Glen Amphitheater Daily Fee
Group 1 or 2 $207.50
Group 1 or 2 fundraiser* $470.00
Group 3A $625.00
Group 3B $750.00
Group 4A $832.50
Group 4B $1000.00
* A fundraiser is a rental at which admission is granted for payment of a designated
amount, a donation of an amount left to the discretion of the guest, or a rental at
which funds are collected through auctions, raffle/door prize activity, or other means
designated to generate monies to offset costs or to benefit a community or charitable
agency of cause.
These rates are equivalent to 2.5 times the rate charged for Emerald Glen Picnic Area
A-B-C, and roughly 80 percent of the rate San Jose would charge for an 8-hour use at
Kelley Park Amphitheater.
Attachment 1 is the Resolution adopting this fee. Staff will reflect the change in the
Master Fee Schedule.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Amending the Master Fee Schedule to Include Rental Fees for the
Emerald Glen Amphitheater
4.4
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ATTACHMENT 1
RESOLUTION NO. XX - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
AMENDING THE MASTER FEE SCHEDULE TO INCLUDE FEES FOR
RENTAL OF THE EMERALD GLEN AMPHITHEATER
WHEREAS, the California Constitution authorizes local government to recover the reasonable
costs of providing services; and
WHEREAS, the City processes various permits, applications, and licenses, and offers various
recreational program and facility rental opportunities; and
WHEREAS, on September 4, 2012, the City Council approved Resolution 160-12
Establishing a User Fee Cost Recover Policy that specifies annual adjustments to fees for services
provided by the City; and
WHEREAS, on June 20, 2017, the City Council reviewed and approved the FY 2017-18
Updated Master Fee Schedule, including parks and recreation program fees as adjusted annually
according to the Pricing Policy for Parks and Community Services Programs, Facilities, and Field
Use; and
WHEREAS, with the opening of Emerald Glen Amphitheater in May 2018, the City added a
new venue suitable for outdoor performances, presentations, and events; and
WHEREAS the City now desires to make the Emerald Glen Amphitheater available to
individuals and organizations for rental, for events on or after March 1, 2018.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin amends
the Master Fee Schedule to include pricing rental of the Emerald Glen Amphitheater.
BE IT FURTHER RESOLVED that the new fees related to Emerald Glen Amphitheater
Rental identified in said Master Fee Schedule shall be effective beginning at the adoption of this
resolution, and shall be adjusted with the annual adoption of the Master Fee Schedule
according to the Pricing Policy for Parks and Community Services Programs, Facilities, and
Field Use adopted by the City Council on June 20, 2017.
PASSED, APPROVED AND ADOPTED this 6th day of February, 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
4.4.a
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ATTACHMENT 1
ATTEST:
_________________________________
City Clerk
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STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Contract Services Agreement with Special Events
Prepared by: Tegan McLane, Cultural Arts & Heritage Manager
EXECUTIVE SUMMARY:
The City Council is being asked to approve a contract services agreement with Special
Events for rental of tents, stages and event furniture for City-produced special events.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Special Events for Rental of Event
Equipment.
FINANCIAL IMPACT:
Sufficient funding is available in the current operating budget to cover the contract
amount.
DESCRIPTION:
The City of Dublin routinely rents staging, tenting and furniture for outdoor events.
Per the City Purchasing Policy, written bids were obtained last spring for these items for
Splatter 2017 and St. Patrick's Day Festival 2018, and Special Events was selected as
the low bidder. A combined purchase order was issued for those two events.
With the opening of the Emerald Glen Amphitheater last summer, it became necessary
to rent additional tenting for the summer concerts. And, with the opening of new parks
before the end of this Fiscal Year, additional rentals will be needed.
To simplify the procurement of these rentals, Staff is recommending the use of a
contract services agreement with Special Events, the City's existing vendor, that will
cover all of the year's events.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
4.5
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Page 2 of 2
ATTACHMENTS:
1. Resolution Approving a Contract Services Agreement with Special Events For Rental
of Event Equipment
2. Exhibit A to the Resolution - Contract Services Agreement with Special Events
4.5
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RESOLUTION NO. XX - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AGREEMENT WITH SPECIAL EVENTS FOR RENTAL
OF EVENT EQUIPMENT
WHEREAS, Parks and Community Services Department special events requires
additional tents, tables, chairs, beyond those owned by the City of Dublin; and
WHEREAS, the Parks and Community Services Department sought quotations for
equipment rental services; and
WHEREAS, last year, the City requested pricing from companies providing the service
and Special Events was the low bidder of three companies that submitted bids; and
WHEREAS, the City’s need for rental equipment services has increased this year,
requiring us to enter into a more formal agreement with Special Events as they are provide the
equipment and related services as specified.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Contract Services Agreement between the City of Dublin and Special
Events attached hereto as Exhibit A, and authorize the City Manager to execute the Agreement
and take such further actions as may be necessary or appropriate to carry out the City Council’s
obligations pursuant to this Resolution.
BE IT FURTHER RESOLVED that the City Manager has the authority to extend this
Agreement under Section 8 and has the authority to increase the Compensation amount for
services provided up to $20,000 to cover any additional expenses not currently anticipated,
provided that budget is available to cover the expense.
PASSED, APPROVED AND ADOPTED this 6th day of February 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.5.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Award of Contract to McNabb Construction, Inc., and Approval of Plans
and Specifications for the Emerald Glen Park Concession Building Project,
CIP Project No. PK0105.
Prepared by: Janet Coles, Parks and Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will consider awarding a construction contract to McNabb
Construction, Inc., and approving the plans and specifications for the Emerald Glen
Park Concession Building Project, CIP No. PK0105. The project will provide for the
foundation, associated site work, utilities, and accessibility improvements for a
premanufactured concession building.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract
to McNabb Construction, Inc., for the Emerald Glen Park Concession Building Project
(CIP No. PK0105).
FINANCIAL IMPACT:
The amount of the lowest responsive bid for the site work was $184,877. A 10 percent
construction contingency in the amount of $18,488 is requested for unforeseen
construction issues, bringing the total potential site work construction cost to $203,365.
DESCRIPTION:
The 2016-2021 Capital Improvement Program (CIP) includes the Emerald Glen
Recreation and Aquatic Complex Project, CIP No. PK0105, also known as The Wave.
On August 15, 2017, the City Council approved the addition of a concession building to
The Wave. On November 21, 2017, the City Council authorized the City to become a
member of National Purchasing Cooperative in order to purchase a premanufactured
concession building from the Public Restroom Company for $404,610.
An additional construction contract is necessary to prepare the project site for
installation of the concession building. The scope of this contract award provides for the
4.6
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building foundation, associated site work for utilities and accessibility improvements, for
the concession building.
A total of four (4) sealed bids were received on January 17, 2018, ranging from
$158,899.00 to $314,000.00 and a summary of the bids is provided as Attachment 1.
The low bid, submitted by John Clay General Engineering Contractor, Inc., was not
accompanied by the required bid security and bid bond forms, and therefore Staff
recommends it be deemed non-responsive. The second low bid was submitted by
McNabb Construction, Inc. Staff has reviewed the bid results, checked references and
necessary licenses, and recommends that the City Council adopt the Resolution
(Attachment 2), waiving any and all minor bid irregularities, and awarding the contract
for Emerald Glen Park Concession Building, Project PK0105 to McNabb Construction,
Inc., as the lowest responsive bidder.
Staff expects the project construction to begin in late February and anticipates
completion of the concession building improvements in April.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to McNabb Construction, Inc.
ATTACHMENTS:
1. Bid Results
2. Resolution Approving the Plans and Specifications and Awarding a Contract for the
Emerald Glen Park Concession Building Project
4.6
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Emerald Glen Park Concession Building
PK0105
Bid Date:
BASED BID
ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension
1 1 LS $156,899.00 $156,899.00 $177,877.00 $177,877.00 $241,637.00 $241,637.00 $299,000.00 $299,000.00
2 1 LS $2,000.00 $2,000.00 $7,000.00 $7,000.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00
TOTAL $158,899.00 $184,877.00 $246,637.00 $314,000.00
List of Sub-Contractors
Alta Eng. Group
Energy Effcient Services
Shooter & Butts
AAA FencingFencing
Concrete
Landscape
AAA Fencing Co., Inc.
McNabb Construction, Inc.
Wayne Swisher Concrete
Angel Electric
McNabb Construction, Inc.
*No bid security or bid bond
received
*John Clay Eng.
*John Clay Eng.
APPARENT LOW BIDDER
CITY OF DUBLIN
ENGINEERING DIVISION
BID SUMMARY
January 17, 2018
Project Name:
Project No. :
PUBLIC WORKS DEPARTMENT
Alta Eng. Group
DESCRIPTION
Base Contract Work
SWPPP
Electrical
Description
ELLA
ELLA
IRBMega Electric & PV, Inc.
1
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RESOLUTION NO. XX- 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT
TO MCNABB CONSTRUCTION, INC. FOR THE EMERALD GLEN PARK
CONCESSION BUILDING PROJECT (CIP NO. PK0105)
WHEREAS, Staff completed plans and specifications for the Emerald Glen Park
Concession Building Project, CIP No. PK0105 (the Project); and
WHEREAS, the City of Dublin did, on January 17, 2018, publicly open, examine,
and declare all sealed bids for doing the work described in the approved Plans and
Specifications for the Project, which Plans, and Specifications are hereby expressly
referred to for a description of said work and for all particulars relative to the
proceedings under the request for bids; and
WHERAS, said bids were submitted to the Public Works Director, who has
recommended that the lowest bid be deemed non-responsive, that any and all minor bid
irregularities be waived, and that the bid hereinafter is the lowest and best bid for doing
said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin hereby approves the Plans and Specifications for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin deems
the lowest bid non-responsive, waives any and all minor bid irregularities, and does
hereby award the Contract for Project No. PK0105, Emerald Glen Park Concession
Building, to the lowest responsible bidder therefore, to wit, McNabb Construction, Inc .,
at a bid of One Hundred and Eighty-Four Thousand, Eight Hundred and Seventy-Seven
Dollars ($184,877.00), the particulars of which are on file in the Office of the Public
Works Director.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is
authorized to execute the Construction Agreement with McNabb Construction, Inc.
PASSED, APPROVED AND ADOPTED this 6th day of February, 2018, by the
following vote:
AYES:
NOES:
4.6.b
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ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
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STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Authorization to Prepare Engineer's Reports: Citywide Street Lighting
Maintenance Assessment District 83-1; Landscaping and Lighting
Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping
and Lighting Maintenance Assessment District 86-1 (Villages at Willow
Creek); Landscaping and Lighting Maintenance Assessment District 97 -1
(Santa Rita Area); Street Lighting Maintenance Assessment District 99-1
(Dublin Ranch Area and Tracts 7067, 7586, 8024, 8073, 8074)
Prepared by: Nancy McDonnell, Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider authorizing the preparation of Engineer's Reports for the
Fiscal Year 2018-19 assessments for the City's two street lighting maintenance
assessment districts and three landscaping and lighting maintenance districts. Public
hearings will be held prior to the levy of assessments.
STAFF RECOMMENDATION:
Adopt the Resolution Directing Preparation of the Annual Engineer's Report for:
Citywide Street Lighting Maintenance Assessment District 83-1; Landscaping and
Lighting Maintenance Assessment District 83-2 (Stagecoach Road); Landscaping and
Lighting Maintenance Assessment District 86-1 (Villages at Willow Creek); Landscaping
and Lighting Maintenance Assessment District 97-1 (Santa Rita Area); and Street
Lighting Maintenance Assessment District 99-1.
FINANCIAL IMPACT:
The cost of preparing the Engineer's Reports is budgeted in the Fiscal Year 2017-2018
budget and is paid by each respective assessment district.
DESCRIPTION:
The procedure for establishing annual maintenance assessments requires that the City
Council first authorize preparation of the Engineer's Reports. The preliminary reports
are then brought back to the City Council for approval later in the year, once the
assessment district budgets have been formulated. Following the City Council's
approval of the preliminary reports, public hearings will be scheduled as required.
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The proposed resolution (Attachment A) authorizes the City Engineer to begin
preparation of the required Engineer's Reports for the two street lighting maintenance
assessment districts and the three landscaping and lighting maintenance assessment
districts described below for Fiscal Year 2018-2019.
Citywide Street Lighting Maintenance Assessment District 83-1
This District was established to replace the County Service Area, which had paid
maintenance and energy costs for public street lights within the City of Dublin. The
boundary of this assessment district encompasses the entire City, with the exception of
the Dublin Ranch area and Tracts 7067, 7586, 8024, 8073, and 8074. The City Council
approved formation of this District on August 2, 1983, with the initial assessment in the
1984-1985 tax year.
Landscaping and Lighting Maintenance Assessment District 83-2 (Stagecoach Road)
This District provides funds for the maintenance of certain landscape improvements in
the Dublin Hills Estates and Amador Lakes developments along Stagecoach Road. The
District's boundaries include all of Tract 4719. The City Council approved formation of
this District on January 23, 1984, with the initial assessment in the 1985-1986 tax year.
Landscaping and Lighting Maintenance Assessment District 86-1 (Villages at Willow
Creek)
This District maintains roadside and median landscaping associated with the Villages at
Willow Creek development along Dougherty Road. The City Council approved
formation of this District on November 10, 1986, with the initial assessment in the 1987-
1988 tax year.
Landscaping and Lighting Maintenance Assessment District 97-1 (Santa Rita Area)
This District funds street landscape maintenance and utility costs for the Santa Rita
development area, which is bounded by Arnold Road, Gleason Drive, Tassajara Road,
and Interstate 580. The City Council approved formation of this District on July 23,
1996, with the initial assessment in the 1997-1998 tax year.
Street Lighting Maintenance Assessment District 99-1
This District funds the electric energy, maintenance and repair costs associated with
street lighting that has been installed in the Dublin Ranch area and Tracts 7067, 7586,
8024, 8073, and 8074. The City Council approved formation of this District on June 1,
1999, with the initial assessment in the 1999-2000 tax year.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Directing Preparation of Annual Engineer's Reports
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RESOLUTION NO. XX - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
DIRECTING PREPARATION OF ANNUAL ENGINEER’S REPORT FOR
CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1;
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2
(STAGECOACH ROAD AREA); LANDSCAPING AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT 86-1 (VILLAGES AT WILLOW CREEK); LANDSCAPING AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT 97-1 (SANTA RITA AREA); AND
STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH AREA
AND TRACTS 7067, 7856, 8024, 8073, 8074)
WHEREAS, on August 2, 1983, by its Resolution No. 38-83, the City Council ordered the
formation of and levied the first assessment within the City of Dublin Street Lighting
Maintenance Assessment District (“the District”) pursuant to the provisions of the Landscaping
and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways
Code) (hereinafter, “the Act”); and
WHEREAS, on January 23, 1984, by its Resolution No. 11-84, the City Council initiated
proceedings, and by Resolution No. 10-84, ordered the formation of City of Dublin Landscaping
and Lighting Maintenance Assessment District No. 83-2 (“the District”) pursuant to the
provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the
California Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, on November 10, 1986, by its Resolution No. 128-86, the City Council
initiated proceedings, and by Resolution No. 129-86, ordered the formation of City of Dublin
Landscaping and Lighting Maintenance Assessment District No. 86-1 (“the District”) pursuant to
the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of
the California Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, on July 23, 1996, by its Resolution No. 94-96, the City Council initiated
proceedings, and by Resolution No. 115-96, ordered the formation of City of Dublin
Landscaping and Lighting Maintenance Assessment District No. 97-1 (“the District”) pursuant to
the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of
the California Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, on March 16, 1999, by its Resolution No. 37-99, the City Council initiated
proceedings, and by Resolution No. 153-99, ordered the formation of City of Dublin Street
Lighting Maintenance Assessment District No. 99-1 (“the District”) pursuant to the provisions of
the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California
Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, Section 22620 et seq of the Act provides for the levy of annual assessments
after formation of the District.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby designates the City Engineer, or their designee, as Engineer for purposes of preparing
and filing with the Clerk written reports in accordance with Section 22565 et seq of the Act; said
Engineer is hereby directed to apportion said assessments in accordance to the benefits
4.7.a
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said Engineer is hereby directed to accomplish such preparation and filing forthwith.
PASSED, APPROVED AND ADOPTED this 6th day of February, 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
__________________________________
City Clerk
4.7.a
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Page 1 of 5
STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Award of Contract to Sausal Corporation, Approval of an Agreement with
Swinerton Builders, Approval of Plans and Specification, and Waive Minor
Bid Irregularity for the Public Safety Complex – Police Services Building
(Project No. GI0116)
Prepared by: Michael Boitnott, Capital Improvement Program Manager
EXECUTIVE SUMMARY:
The City Council will consider awarding a construction contract to Sausal Corporation,
approving an agreement with Swinerton Builders, dba Swinerton Management &
Consulting, and approving the plans and specifications for the Public Safety Complex -
Police Services Building, CIP No. GI0116. The City Council will also consider approving
a budget change to increase project funding. The project scope includes the demolition
of two existing buildings, renovation of one building, reconstruction of one building, and
associated site improvements to accommodate current and future Dublin Police
Services office space needs.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications, Waiving a Minor Bid
Irregularity, Awarding a Contract to Sausal Corporation, and Approving an Agreement
with Swinerton Builders, dba Swinerton Management & Consulting for the Public Safety
Complex - Police Services Building, CIP No. GI0116; and approve the budget change.
FINANCIAL IMPACT:
The 2016-2021 Capital Improvement Program (CIP) includes the Public Safety Complex
- Police Services Project (CIP No. GI0116). The lowest responsive base bid received for
the construction work was $14,124,500. As part of the bid, four add alternate bid items
were included in addition to the base bid. These four add alternates total $1,158,900.
As further described in this report, Staff recommends that City Council award the
construction contract, including all four add alternate bid items, for a total construction
contract of $15,283,400. A 10 percent construction contingency in the amount of
$1,528,340 is requested for unforeseen construction issues, bringing the total potential
construction cost to $16,811,740.
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In addition to the construction contract, the project budget includes expenditures for soft
costs which include staff, consultants, permits, fees, and other miscellaneous costs.
With these, Staff estimates the total project budget needs to increase to $21,500,000.
Awarding the construction contract and covering anticipated soft costs requires the City
Council’s approval of a budget increase of $6,500,000, as shown in the table below:
Existing Funding Sources
Dublin Crossing Community Benefit Payment
($13.8 million of Project eligible for reimbursement
from future Public Facility Fees) $15,000,000
Total Funding $15,000,000
Project Costs
Base Bid $14,124,500
Add Alternate #1 – Emergency Power Building 1A $84,100
Add Alternate #2 – Add Parking Area to Secured Lot $559,100
Add Alternate #3 – Exterior Louver Screens $185,600
Add Alternate #4 – Add Carports $330,100
Contingency $1,528,340
Soft Costs $4,688,260
Total Costs $21,500,000
Funding Shortfall $(6,500,000)
Additional Funding Sources
Dublin Crossing Community Benefit Payment $3,000,000
General Fund Reserve for Civic Center Renovation $1,962,100
General Fund Non-Streets CIP Reserve $1,537,900
Total Additional Funding $6,500,000
DESCRIPTION:
The 2016-2021 Capital Improvement Program (CIP) includes the Public Safety Complex
- Police Services Building project (CIP No. GI0116). On March 23, 2017, the City
publicly opened bids for the project. Three bids were received, with Sausal Corporation
being the apparent low bidder. The basis of award bid from the apparent low bidder was
$16,264,000 or 42 percent over the estimated construction cost. On April 18, 2017, the
City Council rejected all bids and directed Staff to work with the project design team and
Dublin Police Services to evaluate the project and identify cost saving measures to
provide a facility that meets current needs and functionality.
The project team evaluated several aspects of the project and determined that there
were potential cost savings that could be achieved with minimal long-term impacts to
the facility or the services the building will provide. Cost-cutting measures included:
opening the bid to qualified contractors beyond the five that were prequalified to bid on
the original project, eliminating the second story surplus storage area above the locker
rooms and evidence storage area, eliminating the need for an elevator, reducing the
amount of specialty items and single components to increase economy of scale, and
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providing an open specification which sets minimum product criteria standards to
increase competition between suppliers and subcontractors.
The plans and specifications for the project were completed and the project was
advertised for bids in November 2017. The final plans provide for the construction of a
building that meets the essential facilities criteria in the California Building Code, for
both Dublin Police and the City’s Emergency Operations Center, including a standby
generator. The project includes the demolition of two existing buildings, renovation of
one building, reconstruction of one building, and associated site improvements including
secured parking, guest parking, and an entry plaza to accommodate current and future
Dublin Police Services’ needs. This project is exempt under Section 15301 (Existing
Facilities) of the CEQA Guidelines.
A total of three sealed bids were received on January 18, 2018, ranging from
$14,124,500 to $16,328,000. A summary of the bids is provided as Attachment 1. The
low bid of $14,124,500 was submitted by Sausal Corporation. This bid contained an
arithmetic error summing the total of the unit bid items, which subsequently lowered the
total base bid price by $100. The Public Contract Code requirements and the City’s bid
documents define this as a “minor bid irregularity” and authorize the City to waive this
irregularity, including all minor bid irregularities, and proceed with the award of the
contract.
Included within the bid package were four bid alternative items in addition to the base
bid work, as follows:
1) Extended Emergency Power to Building 1A – $84,100
Emergency Power will ensure that during a disaster or other mitigating
event that power will remain to support law and order efforts.
2) Add Parking Area to Secure Lot – $559,100
This add alternate would entirely pave out the secured parking area.
3) Add Exterior Louver Screens – $185,600
The screens will increase the level of security for public safety personnel
as well as add aesthetic value.
4) Add Carports – $330,100
Carports will provide additional shade area in the parking area and assist
with the wear and tear on police vehicles. Staff will continue to explore
options for solar installation for future energy savings.
All four bid alternative items could be added in the future; however, Staff recommends
these items be included now. Constructing these items now provides an “economy of
scale” by packaging it with a large construction project reducing administrative costs.
Additionally, the Police Department would not be disrupted in the future with
construction of these improvements. Finally, the cost to construct these improvements
in the future is anticipated to increase. Therefore, Staff recommends adding all four bid
alternative items, bringing the total construction contract to $15,283,400.
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Staff has reviewed the bid results and bidder qualification statements, checked
references and necessary licenses, and recommends that the City Council adopt the
Resolution (Attachment 2), waiving any and all minor bid irregularities, and awarding the
project construction contract to Sausal Corporation, as the lowest responsive bidder.
To facilitate the approval of contract change orders and to avoid construction delay, it is
recommended that the City Manager or designee be authorized to approve change
orders up to the contingency amount of $1,528,340. The Resolution will authorize this
change as it relates to this project.
In addition to the construction contract, Staff recommends approval of a consultant
services agreement (Attachment 3) for a not-to-exceed amount of $975,000 with
Swinerton Builders, dba Swinerton Management & Consulting. The consultant was
selected from the list of firms that submitted qualifications to the Public Works
Department as part of the on-call solicitation. The consultant will provide pre-
construction services, construction management, public works inspection, and
coordination with public utility companies. The Consultant will also serve as the
assistant Inspector of Record in supporting the City’s Building Department as required
by the State of California for essential facilities, and provide coordination between the
Designer of Record and the construction contractor.
The existing budget for the project is $15,000,000. To award the construction contract
with a ten percent contingency, approve the agreement for construction management
services, and pay for staff time and other project costs, the project budget needs to be
increased. Staff recommends an additional budget appropriation of $6,500,000 be
approved from the following sources:
1) Dublin Crossing Community Benefit Payment - $3,000,000
2) General Fund Reserve for Civic Center Renovation - $1,962,100
(This was initially created to fund a renovation of the existing Police Service wing
of the Civic Center)
3) General Fund Reserve for Non-Streets Capital Improvement Program -
$1,537,900 (current balance is $3.9 million)
Staff expects the project to begin in March 2018 and anticipates it to be completed in
October 2019.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to Sausal Corporation and Swinerton Builders.
ATTACHMENTS:
1. Bid Results
2. Resolution Approving the Plans and Specifications, Waiving Minor Bid Irregularity,
Awarding a Contract To Sausal Corp., and Approving An Agreement with Swinerton
Builders For Project NO. GI0116
3. Exhibit A of Resolution - Agreement with Swinerton Incorporated
4. Budget Change
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7.1.a Packet Pg. 126Attachment: 1. Bid Results (Award of Public Safety Complex)
ATTACHMENT 2
RESOLUTION NO. XX- 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE PLANS AND SPECIFICATIONS, WAIVING MINOR BID IRREGULARITY,
AWARDING A CONTRACT TO SAUSAL CORPORATION, AND APPROVING AN
AGREEMENT WITH SWINERTON BUILDERS, DBA SWINERTON MANAGEMENT &
CONSULTING FOR THE PUBLIC SAFETY COMPLEX – POLICE SERVICES BUILDING, CIP
NO. GI0116.
WHEREAS, Staff completed plans and specifications for the Public Safety Complex – Police
Services Building, CIP No. GI0116 (“Project”). The Project includes the demolition of two existing
buildings, renovation of one building, reconstruction of one building, and associated site improvements
including secured parking, guest parking, and an entry plaza to accommodate current and future Dublin
Police Services’ needs; and
WHEREAS, the City of Dublin did, on January 18, 2018, publicly open, examine, and declare all
sealed bids for doing the work described in the approved Plans, Specifications, and Modifications for the
Project, which Plans, Specifications, and Modifications are hereby expressly referred to for a description
of said work and for all particulars relative to the proceedings under the request for bids; and
WHEREAS, Sausal Corporation’s bid contained a minor bid irregularity in that there was a
mathematic error summing the total of the unit bid items, which subsequently lowered the total base bid
price by One Hundred Dollars ($100.00) and the Public Contract Code and the City’s bid documents and
authorize the City to waive any minor bid irregularities, and proceed with the award of the contract; and
WHEREAS, said bids were submitted to the Public Works Director, who has recommended that
the bid hereinafter is the lowest and best bid for doing said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the plans and specifications for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby waive the
minor bid irregularity contained within Sausal Corporation bid, and award a Contract for Project No.
GI0116 Public Safety Complex – Police Services Building, to the lowest responsible bidder, to wit,
Sausal Corporation, for the base bid plus four add alternate items, and a ten percent contingency, at a
bid of $16,811,740.00, the particulars of which bid are on file in the Office of the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize
the City Manager or his designee to execute the Construction Agreement with Sausal Corporation and to
approve Contract Change Orders based on the appropriated funds designated for the Project up to the
contingency amount of $1,528,340.00.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the
Agreement with Swinerton Builders, dba Swinerton Management & Consulting for construction
management and inspection services for the Project, as attached hereto as Exhibit A to this Resolution,
for the not to exceed amount of $975,000.00.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement with
Swinerton Builders, dba Swinerton Management & Consulting.
7.1.b
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ATTACHMENT 2
PASSED, APPROVED AND ADOPTED this 6th day of February, 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_____________________________
City Clerk
7.1.b
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Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 1 of 12
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
SWINERTON BUILDERS
This Agreement is made and entered into between the City of Dublin ("City") and Swinerton Builders dba Swinerton
Management & Consulting (“Consultant”) as of February 6, 2018 (the “Effective Date”). In consideration of their
mutual covenants, the parties hereto agree as follows:
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, 2020, 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 Nine Hundred and
Seventy-Five Thousand ($975,000.00) 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.
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
7.1.c
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Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 2 of 12
its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this
Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this 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:
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 copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under this
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, and each reimbursable expense
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;
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 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Consultant in rendering services pursuant to this Agreement. City shall make no payment for any
extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. Fees for work performed by Consultant 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 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed,
Ten Thousand Dollars ($13,400.00). Expenses not listed in Exhibit B are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under this
Agreement that shall not be exceeded.
7.1.c
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Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 3 of 12
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 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.
2.8 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, 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
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 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 04 12. 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
7.1.c
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City of Dublin and Swinerton Builders Page 4 of 12
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 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
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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.
4.3.3 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.
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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 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;
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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 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.c
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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.
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 Agreement upon 30 days’ written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such compensation
upon Consultant delivering to City any or all documents, photographs, computer software, video
and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants
such an extension, City shall have no obligation to provide Consultant with compensation beyond
the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
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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 included, 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 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
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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 of Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location, would place Consultant in a
“conflict of interest,” as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code 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
7.1.c
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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.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www.fppc.ca.gov/Form700.html.
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:
Swinerton Management & Consulting
Attn: Jeffrey Gee
260 Townsend Street
San Francisco, CA 94107
Any written notice to City shall be sent to:
The City of Dublin
Attn: Gary Huisingh
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including Exhibits A, B and C, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
7.1.c
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Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 12 of 12
IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this
Agreement on the 6th day of February 2018.
CITY OF DUBLIN CONSULTANT
Swinerton Builders dba Swinerton Management & Consulting
____________________________ ______________________________
Christopher L. Foss, City Manager Jeffery S. Gee, Vice President
Attest: 94-1499330
____________________________
Taxpayer Identification Number
____________________________
Caroline Soto, City Clerk
C0053868
____________________________
Corporate Entity Number
Approved as to Form:
____________________________
John Bakker, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
General:
This 24,837 SF project includes the re-renovation of a 242 SF portion of the previous tenant improvement
space along with renovating the 16, 620 SF balance of Building 1 with a new public entry addition. Existing
structures known as Building 2, Building 3 and Building 4 will be demolished including removal of their
foundations down to 3-feet below existing grade and below existing building finish floor elevation. A new
7,495 SF Building 2 will be constructed.
The project’s scope also includes site demolition. The site will be backfilled at the removed foundations
and filled to existing grade elevation. Site area renovation includes 2.4 acres of civil, landscape, electrical,
security, structural, mechanical and architectural improvements.
The City has completed the PS&E package, and is currently in the process of advertising the project and
obtaining the final permits necessary to start construction process for the project. The City has set the bid
opening date for the project on January 18, 2018 and anticipate project award at the February 6, 2018 City
Council Meeting. The Contractor would then have 30 Calendar days from Notice of Award to start work.
The following services are required under this contract:
• Assist the City’s Project Manager and Designer during the bid solicitation.
• Bid evaluation
• Construction Management
• Coordination with the City, Contractor, Agencies, and Public
• Project and Public Works Inspection
• Act as the Assistant Inspector of Record
• Assist with the City’s Building Inspector
• Coordinate with City’s contracted Special Inspections, Hazardous Abatement Monitor,
and Commissioning Consultants
• Coordinate third party utilities required for the project.
• Coordinate with the City vendor for FF&E
• Project Documentation with EADOC
• Project closeout documentation
Project Objectives
To complete the project on time and within budget with the least impacts to the public.
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Construction Management Team:
Consultant and the City recognize the importance of the need to maintain the Consultant’s key personnel
throughout the entire duration of this Agreement. Consultant shall not make any changes to the assigned
personnel listed below without City written approval:
Construction Manager, Robert Kagiyama, P.E.
Assistant Construction Manager, Maria Zupo
Sr. Inspector, Herald “Bret” Lowther
Alternate Sr. Inspector, Shawn Delaney
Services General
The Scope of Services is intended as a guide to illustrate the minimum project requirements. The
Consultants Construction Management Team will provide professional and technical services to manage
the construction, and inspection, for the Public Safety Complex project under the supervision of the City of
Dublin. The Consultant shall provide all other necessary equipment, vehicle(s), cell phone, tools of the
trade, etc. necessary for the project team to successfully complete the project.
Services During Pre-Construction:
The Construction Manager will assist City Staff in the following;
1. Perform a review of the construction documents issued to the City for review and provide
recommendations regarding feasibility of construction methods, current availability of materials and
labor and time requirements for procurement. Identify materials or services which may have a long
lead time and could impact to the project. Provide written comments to the City for incorporation
into the bid documents by addendum if necessary.
2. Work with the City to develop strategies to generate market interest in the Project.
3. Take the lead in managing the bid process including receiving bidder’s questions, distributing
information to the Owner and their consultant, issuing bid addendums, analyzing bids and
ultimately make a recommendation of award to the City Project Manager. Provide documentation
and substantiation to allow staff to gain Council approval of award.
4. Maintain an electronic project management filing system on the City’s network using the Microsoft
office suite.
5. Work with and provide project specific construction recommendations to the design team. Review
and provide comment on the construction logistics plans produced by the design team.
Services During Construction:
The Construction Manager will represent the City during construction of the project. The Construction
Manager will perform the following specific services:
1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper
communication and progress of the project. Act as liaison to the City through the City’s Project
Manager.
2. Schedule, direct and supervise the Project Inspector.
3. Coordinate all required testing services and review testing reports and materials testing personnel.
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4. Provide on-site coordination to assure that the project meets the Plans and Specifications and
stays on budget and schedule.
5. Review, evaluate, and furnish recommendations to the City regarding contractor’s performance,
construction schedule and any other matters related to compliance with the contract.
6. Provide a daily log of events and activities so as to secure the City’s interests and monitor work
accomplished in accordance with the contract.
7. Review, track and assist in the preparation of responses to Contractor RFI’s.
8. Review, track and assist in the review of Contractor submittals.
9. Review and track certificates of compliance and product submittals for conformance to the project
Special Provisions and/or Caltrans Standard Specifications and Plans.
10. Provide a monthly update outlining project status, schedule, submittals, RFI’s, and change order
issues. Include pertinent photos or supporting documents. The report should include an analysis of
any potential delays and their actual relevance. The report should be suitably formatted to share
with the City Manager’s Office.
11. Review and furnish contract correspondence, minutes of meetings and directives to be issued to
secure the interests of the City.
12. Review and make recommendations regarding payments to contractor including Change Orders,
when applicable, and recommendations regarding any proposed changes. Prepare and provide
cost analysis where necessary to verify change order costs generated by the Contractor are
reasonable and correct in scope.
13. Attend all construction-related site meetings with the City’s representatives, contractors, and other
meetings between related parties as required. Maintain separate notes on such meetings.
14. Verify that the Contractor complies with the requirement of the project’s water pollution control and
staff the project with the required personal and submit necessary documentation to the SMART
system.
15. Assist the Design Consultants Team to ensure compliance with the projects various environmental
requirements and permits
16. Assist with providing any information to the City Departments as required.
17. Monitor contractor’s construction activities to ensure the General Contractor is providing proper
planning and coordination of work crews and of subcontractors for the execution of the project
work.
18. Identify potential claims and make recommendations to resolve them.
19. Upon completion of the project work, provide a punch list review and recommendation of Project
Acceptance.
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20. Upon completion of the project work, review all of the Contractor’s final submittals to ensure their
compliance with final project close-out requirements.
21. The construction Contractor shall be responsible for job site safety. Should a safety or hazardous
condition be discovered by the Construction Management Team, it shall be brought to the attention
of the Contractor.
The Project Inspector will represent the City during construction and report to the Construction Manager
and Inspector of Record. The Project Manager will perform the following specific services:
1. Provide on-site inspection to assure that the project is constructed in compliance with the Plans
and Specifications.
2. Perform the duties designated by the City’s Building Department Inspector of Record for the
project.
3. Provide inspectors daily report of events, manpower, and activities so as to secure the City’s
interests and monitor work accomplished in accordance with the contract. Daily progress pictures
shall be incorporated into the report.
4. Take digital photographs and digital video tape recordings of the construction progress on a regular
basis, including pre-construction conditions within the project limits
5. Collect material tags and verify materials on site meet project specifications and project submittals.
6. Issue Weekly Statement of Days Charged.
7. Maintain a redline set of as-built plans and specifications.
8. Track and field-verify quantities of actual improvements installed by the Contractor and maintain a
quantity bid sheet for each bid item of work.
9. Assists the Construction Manager in review and recommendation of progress payments.
10. Track and document Time and Materials work issued to the Contractor.
11. Working with the Construction Manager and other agencies and permit holders to issue a project
punch-list.
Special Inspection:
1. Inspect contractors work for compliance with the contract documents at the direction of the
Construction Manager and or City Representative.
Post-Construction Services:
1. Provide marked up construction record drawings (as-built drawings) for designer completion.
2. Coordinate and prepare final progress payment.
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3. Provide final inspection services and project closeout activities including preparation of final
construction project report and other documents required by City Building Department or State
Architects Office for Essential Facilities and resolve all contractor claims if any.
4. Resolution of all contract issues, warranties, bonds, etc.
5. Turn all construction documents over to the City of Dublin.
6. Provide the City with an electronic copy of the project EADOC.
Resources
The City of Dublin will provide office space for the Construction Manager at the Civic Center or at the
Project Construction Trailer which will include the following: desk, computer terminal, desk phone, and
shared printer and copier. The project inspector can use the facilities provided to the Construction
Manager if the Construction Manager would allow, but separate amenities will not be provided for the
inspector.
Additional Services
The City will provide written direction and a budget for any additional service to be performed. Written
authorization must be obtained from the City prior to the Consultant beginning additional services. The City
will not be responsible for additional work that the consultant performs prior to receiving written
authorization.
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EXHIBIT B
COMPENSATION SCHEDULE
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EXHIBIT C
INSURANCE DOCUMENTS
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Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
Salaries & Benefits $40,000
Contract Svcs $1,346,299
Improvements - Not Bldg $8,980,000
Contingency/Other ($4,441,299)
Equipment/Furniture $575,000
3300.9301.49999 (Transfers In)$6,500,000
GI0116.4401 (4401.9301.89101) - Dublin Crossing Fund - Transfers Out $3,000,000
GI0116.4401 (1001.9301.89101) - General Fund - Transfers Out from Assigned Reserve for Police Bldg $1,962,100
GI0116.4401 (1001.9301.89101) - General Fund - Transfers Out from Committed Reserve for Non-Streets CIPs $1,537,900
2/6/2018
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
REASON FOR BUDGET CHANGE
FISCAL YEAR 2017-18
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
City Council's Approval Required
EXP: Police Services Building
Higher construction bid and additional scope of work.
\\cc-uem\users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\2988
7.1.d
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Consideration of Use of Rosenberg’s Rules of Order
Prepared by: John Bakker, City Attorney
EXECUTIVE SUMMARY:
The City Council will consider replacing Robert’s Rules of Order with Rosenberg’s
Rules of Order as the official parliamentary procedure for City Council and
Commission/Committee meetings. This item was postponed from the January 9, 201 8
Regular City Council meeting.
STAFF RECOMMENDATION:
Review the Staff Report and provide Staff direction.
FINANCIAL IMPACT:
None.
DESCRIPTION:
During the City Council’s Workshop in May 2017, the City Council discussed, among
other things, the need for clarification and compliance with City Council meeting
procedures. A discussion ensued about the potential to replace the current Robert’s
Rules of Order as the parliamentary procedure with Rosenberg’s Rules of Order.
Background:
Meetings of the City Council are governed by Rules for the Conduct of Meetings of
the City Council (“Council Rules”). The City Council amends the Council Rules from
time to time by resolution, with the last amendment (Resolution No. 62-17) occurring
in June 2017. (Attachment 1.)
Section 12 of the Council Rules is “Rules of Debate.” The section concludes by
noting that, unless otherwise specified in the Rules, “’Roberts Rules of Order’ shall
govern the conduct of the meetings of the City Council.” Robert’s Rules of Order are
the most commonly referenced parliamentary procedures and are used by public
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Page 2 of 2
agencies throughout the United States. While comprehensive, Robert’s Rules-which
is designed for large legislative bodies-can prove to be overly complex for five-
member legislative bodies, like the City Council and the City’s commissions.
Over the last decade or more, cities have looked at alternatives to Robert’s Rules.
In 2003, the League of California Cities first published Rosenberg’s Rules of Order:
Simple Rules of Parliamentary Procedure for the 21st Century as a simplified
alternative to Robert’s Rules of Order designed for smaller bodies. The most
recently revised version was published in June 2011. (Attachment 2.) These rules,
developed by Judge Dave Rosenberg, an elected county supervisor representing the
4th District in Yolo County with over 20 years of experience in chairing meetings in
state and local government, retain the core principles of Robert’s Rules but modifies,
simplifies, and tailors the parliamentary procedures to meetings of City Councils and
similar legislative bodies.
The Rosenberg’s Rules of Order are based on four principles:
1. Rules should establish order.
2. Rules should be clear.
3. Rules should be user-friendly.
4. Rules should enforce the will of the majority while protecting the
rights of the minority.
The replacement of Robert’s Rules of Order with Rosenberg’s Rules of Order would not
alter the City of Dublin’s system for holding City Council meetings. The Rosenberg’s
Rules establish a format for agenda item discussion; they set forth rules for motions,
debates and votes; and they ensure that courtesy and decorum are maintained during
meetings.
A recent City Clerks Association of California survey revealed that over 40 California
agencies have adopted Rosenberg’s Rules of Order, including the cities of Belmont,
Calistoga, Fresno, Redwood City, Richmond, San Mateo, Santa Rosa and Sonoma.
If the City Council is interested in changing to Rosenberg’s Rules of Order, Staff would
return at a future meeting with a revision to the Council Rules (Resolution No. 62-17). If
the current framework is maintained, Rosenberg’s Rules would be used in those
situations where the Council Rules do not specifically address a particular situation.
Therefore, the City Council may wish to consider whether it desires to make other
changes to the Council Rules concerning the Rules of Debate.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution No. 62-17 Amending and Restating the Rules for the Conduct of Meetings
of the City Council
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RESOLUTION NO. 62 — 17
ARESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING ANDRESTATING THE RULES FOR THE CONDUCT OF
MEETINGS OF THE CITY COUNCIL
WHEREAS, from time to time the City Council amends and restatesthe Rules of Conduct of
Meetings of the City Council, and the Rules were last restated by Resolution No. 09-16; and
WHEREAS, the City Council wishes to amend and restatethe Rules in order to specify the
length of time for public comment, specify the mannerof producingthe agenda, and make other
changes to ensure compliance with applicable law.
NOW, THEREFORE, BE IT RESOLVED thatthe Rules for the Conductof Meetings of the City
Council are amended to read as follows in theirentirety:
1. REGULAR MEETINGS
a. Time Regular meetings of the City Council shall be held on the first and third
Tuesday of eachmonth at the hour of 7:00 p.m., exceptthat Closed Session Itemsshall be
held at 6:30 p.m. Whenever theday fixed for any regular meeting of the City Councilfalls upon
a day designated as a holiday, such meeting will be heldat the same hour on the next
succeeding day not a holiday.
b.Place All regular meetings of the City Council shall be heldat the Civic Center,
as designated by Ordinance.
c.Public All meetings of theCity Council shall be open to the public; provided,
however, the City Councilmay hold closed sessions as provided by the laws of the State of
California.
2. SPECIAL MEETINGS
A special meeting may be ordered at any time by theMayor whenever in his/heropinionthe
publicbusiness may require it or upon the written request of any three members of the City
Council. Whenever a special meeting shall be called, written notice of such meeting shall be
delivered personally or by any other means by theCity Clerk to each member of the City
Council and to eachlocal newspaper ofgeneral circulation and radio/television station
requesting notice in writing. Such noticemust be delivered at least twenty-four (24) hours
beforethe time of such meeting as specified in the notice. The noticeshall specify the time and
place of the special meeting and the business to be transacted or discussed. No other
business shall be considered at such meetings by the City Council.
The agenda for special meetings shall contain the information set forth in Section 3.a. - f.
below. At least twenty-four (24) hours beforeeach special meeting, the City Clerk shall post a
copy of the agenda, including the call and notice of the special meeting at the same location
identified in Section 3 below.
Reso No. 62-17, Adopted 5/16/2017, Item No. 7.1 Page 1 of 8
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3. AGENDA
The City Clerk shall, in consultation with the City Manager, arrange an agenda of matters
according to the order of business and furnish each member of the City Council, the City
Manager, City Attorney, and City Department Heads with a copy of theagenda packet prior to
the City Council meeting at least 72 hours in advance of a regular meeting, and 24 hours in
advance of a special meeting, as time for preparation will permit.
The agendaprepared by the City Clerkshall, at a minimum, include:
a. Thedate of themeeting
b. The time of themeeting
c.Thelocation of themeeting
d. Abrief generaldescriptionof each item of business to be transacted or
discussed at the meeting
e. Specified periodof time formembers of the public to address the City Council on
items of interest to the public that are within the jurisdiction of the City Council,
including a statementthat no person may speaklonger than three (3) minutes,
and including language that the City Council can onlybrieflyrespond with
questions, refer to Staff, or place on a futureagenda.
f.A specified section under whichCity Councilmembers and Staff may present
informational only reports.
At least seventy-two (72) hoursbefore each regular meeting, the City Clerk shall post a copyof
the agenda in the Kiosk in front of the Civic Center located at 100 Civic Plaza, Dublin,
California.
The City Clerk shall execute a declaration of posting which shall be filed in theOffice of the
City Clerk.
The City Clerk shall so mark or denote "ConsentCalendar" items on the agenda to identify
those items on the agenda which can reasonably be expected to generate no discussion by
members of the City Council, City Staff or interestedpersons in theaudience. The City Council
shall consider all of the items on the Consent Calendar portion of the agenda at one time by a
vote after a motion has beenduly made and seconded. If any member of theCity Council, City
Staff or interested person in the audience requests that a consent item be removed from the
list, such item shall be taken up for consideration and disposition in the order listed on the
agenda.
4. PRESIDING OFFICER
TheMayor shall preside at all City Council meetings and perform such other duties consistent
with his/her office as may be imposed by the City Council. TheMayor shall be entitled to vote,
butshall possess no veto power. The Mayor shall be recognized as the official head of the City
for all ceremonial purposes.
The Mayor shall preservestrict order and decorum at all regular and special meetings of the
City Council. TheMayor shall stateevery question coming before the City Council, call for the
vote, announce the decision of the City Council onall subjects and decide all questions of
order, subject however, to an appeal of the City Council, in whichevent a majorityvoteof the
City Council shall govern and conclusivelydetermine such question of order. The Mayor shall
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sign all Ordinances adopted by the City Council during his/her presence. In theevent of the
absenceof the Mayor, the Mayor Pro Tempore shall sign Ordinances and Resolutions as then
adopted.
5. CALL TO ORDER
The Mayor, or in his/her absence, theMayor Pro Tempore, shall take the chairprecisely at the
hourappointedfor the meeting, and shall immediately call the City Council to order. In the
absence of the Mayor or Mayor Pro Tempore, the City Clerk shall call the City Council to order,
whereupon a temporarychair shall be elected by the members of theCity Council present.
Upon the arrival of the Mayor orMayor Pro Tempore, the temporary chair shall immediately
relinquish thechair upon the conclusion of the business immediately before the City Council.
6. ATTENDANCE
Before proceeding withthe business of the City Council, the CityClerk shall enter into the
minutes, the names of the memberspresent or absent. No formal roll call need be taken.
7. QUORUM
A majority of the membersof theCityCouncilshall constitute a quorum for the transaction of
business, but a lesser number than a quorum may adjourn fromtime to time. TheCityCouncil
may adjourn any regular, adjourned regular, special or adjournedspecial meeting to a time
and place specified in theorder ofadjournment. If all members are absent from any regular or
adjourned regular meeting, theCity Clerk may declare themeeting adjourned to a stated time
and place. If theCity Clerk does, the City Clerk shall cause written notice of the adjournment to
be given in the same manner as provided for special meetings. A copy of the order or notice of
adjournment shall be posted in the Civic Center Kiosk and other places designated by the City
Council within twenty-four (24) hours after the time of adjournment. Whenever a regular or
adjournedregular meeting is adjourned as provided in thissection, the resulting adjourned
regular meeting is a regular meeting for all purposes. When an order ofadjournment of any
meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held
at the hour specified for regular meetings.
8. TELECONFERENCING
In rare cases and exceptionalcircumstances, theCity Council permits teleconferencing by City
Councilmembers at regular and special City Council meetings. Only one (1) Councilmember is
permitted to attend via teleconference per meeting. The first Councilmember who notifies the
CityClerk of his orher intention todo so will be permitted to attend by teleconference. Only
audio teleconferencing is permitted. Videoconference or any other form of non-telephonic
communication are not approvedforms ofteleconferencingof City Council meetings.
9. ORDER OF BUSINESS
Promptly at thehour set on the day of each regular meeting, the members of the City Council,
City Clerk (or Designee) and City Manager (or Designee) shall take their regularstations in the
City Council Chambers and the business of the City Council shall be taken up for consideration
and disposition in the following order exceptthat, with the unanimous consentof the City
Council, matters may be taken up out of order:
Reso No. 62-17, Adopted 5/16/2017, Item No. 7.1 Page 3 of 8
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Call to Order (Closed Session)
Call to Order & Pledge ofAllegiance to the Flag
Report on Closed Session Action
Oral Communications
Consent Calendar
WrittenCommunications
Public Hearings
UnfinishedBusiness
New Business
Other Business (City Council/Staff Informational OnlyReports/MattersToo Late
for the Agenda)
Adjournment
10. MATTERS TOO LATE FOR THE AGENDA
a.No action or discussion shall take place on any item not appearing on the
agenda for a regular meeting as posted, unless one of the three items below, occurs:
1) TheCityCouncil determines by majority vote that an emergency situation
exists, as defined in Government Code Section 54956.5; or
2) The City Council determines by vote of two-thirds of thememberspresent
i.e. four votes if five members are present and three votes if four members are present), or by
a unanimous vote of the members of the City Council if only 3 members are present, that there
is a need to take immediate action and that the need for action came to the City Council's
attention after the agenda wasposted; or
3) The item wasincluded in a posted agenda for a prior meeting heldnot
morethan five (5) calendar days prior to themeeting at which the item is acted upon and at the
prior meeting the item wascontinued to themeeting at whichtheaction is being taken.
b. When an item not on the agenda is raised by a member of thepublic, theCity
Council may briefly respond, may ask questions for clarification, provide a reference to Staff or
other resources, or request Staff to report back at a subsequent meeting. Furthermore, a
member of the City Councilmay request that the City Council, and theCity Council may, direct
staff to place a matter of business on a future agenda.
11. READING OF MINUTES
Unless the readingof theminutes of a City Councilmeeting is requested by a member of the
City Council, such minutes may be approved without reading if the City Clerk has previously
furnished each member with a copy thereof.
12. RULES OF DEBATE
a.Presiding Officer may debate The Mayor or such othermember of the City
Council as may be presidingmay move, second and debate from the chair, subject only to
such limitationsof debate as are by these rules imposed upon all members. He/she shall not
be deprived of any of therights and privileges of a City Councilmember by reason of his /her
acting as the Presiding Officer.
b. Getting the floor Every member desiring to speak shall address the Mayor, and
upon recognition by the Mayor, shall confine himself/herself to the question under debate.
c.Interruptions A member, once recognized, shall not be interrupted when
speaking unless it be to call him/her to order, or as herein otherwise provided. If a member,
Reso No. 62-17, Adopted 5/16/2017, Item No. 7.1 Page 4 of 8
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while speaking, be called to order, he/sheshall cease speaking until the question of order is
determined, and if in order, he/sheshall be permitted to proceed.
d.Privilege of closing debate TheCity Councilmember moving the adoption of an
Ordinance orResolutionshall havethe privilege ofclosing the debate.
e.Motion to reconsider Amotion to reconsider any action taken by the CityCouncil
may be made at any time. Such a motionmust be made by one of the prevailing side, but may
be seconded by any member, and may be made at any time and have precedence over all
other motions or while a member has the floor; it shall be debatable. Nothinghereinshall be
construed to prevent any member of the City Council from makingor remaking the same or
other motion at a subsequent meeting of the City Council.
f.Remarks of City Councilmember A City Councilmember may request, through
the Mayor, the privilege of having an abstract of his /her statement on any subject under
consideration by the City Council entered in theminutes. If the City Council consents thereto,
such statement shall be entered in the minutes.
g. Synopsis of Debate The City Clerk may be directed by theMayor, withthe
consent of the City Council, to enter in theminutes a synopsis of the discussion of any
questioncoming regularly before theCity Council.
h.Rules of Order Except as otherwise provided in this Resolution, the current
edition of "Roberts Rules of Order" shall govern the conductof the meetings of the City
Council.
13. ADDRESSING THE CITY COUNCIL
Any persondesiring to address theCityCouncil at a meeting shall first secure the permission
of the Mayor to do so; provided, however, thatunder the followingheadings of business,
members of the public shallhavethe right to address the City Council upon obtaining
recognition by the Mayor.
a. Written Communications Interestedpersons or their authorized representative
may request to address the City Council by writtencommunication on any mattersconcerning
the City's business, or any matters over which the City Council has control. Such written
communication shall be delivered to theCity Clerk.
b.Public Comment on Agenda Items TheCity Council shall provide members of
the public an opportunity to address the City Council before orduring its consideration of the
item. Although members of the public may submit comments in writing, the City Council is not
required to read written comments into the record.
c.Oral Communications — Items Not on the Agenda The City Council shall provide
members of the public an opportunity duringthe "Oral Communications" portion of the agenda
to address theCity Council on any item of interest to the public that is within the subjectmatter
jurisdiction of the City Council.
14. MANNER OF ADDRESSING CITY COUNCIL
City Council meetings are business meetings, and persons addressing the City Council are
expected to conduct themselves accordingly. Each person addressing the City Council shall
stand at the podium and should give, in an audible tone of voice for the record, his/her name
and his/her address, although providing one's name and address is not required. Persons
desiring to address theCityCouncil shall submit a speaker slip, thepurpose of which is to
allow the Mayor to managethe meeting and the City Clerk to produce the minutes, although
the person need not provide his or her name in order to speak. The CityCouncil expects that
remarks will be addressed to the City Council as a body and not to individuals orthe public. No
Reso No. 62-17, Adopted 5/16/2017, Item No. 7.1 Page 5 of 8
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person, other than the City Council and theperson having the floor, shall be permitted to enter
into any discussion, either directly or through a member of the City Council, without the
permission of the Mayor. No question shall be asked of a City Councilmember except through
the Mayor.
On each agenda item, each member of the public shall be given a specified amount of time to
address the City Council during the public comment period, and thetime limits shall be
reasonably and uniformly applied to all speakers, so far as is possible, with the exception of
formal applicants for approvals from the City who will be allotted additional time. Thetime limit
shall be three (3) minutes for each speaker.
Any member of the public who wishes to speak shall submit a speaker slip prior to the
conclusion of the oral staff report on the agenda item. TheMayor, Vice Mayor or a member of
Staff will make a statement at the beginning of the meetingremindingthe public of thispolicy.
15. VOTING
a.Members of the City Council shall vote by a "voice vote" on all Ordinances,
Resolutions and othermatters, unless a roll call vote is required by law or is requested by a
City Councilmember. Silence shall be recorded as an affirmative vote. TheMayor shall
announce the result of the vote. As required by Government Code section 54953(c)(2), the
City Clerk shall record in the minutes the vote or abstention of each City Councilmember
present for the action.
b. The vote on any matter being considered by the CityCouncil may be delayed by
the Mayor until all members of the City Council present for a meeting, and not excused as
herein provided, are present at the City Councildais.
c. A member of the City Council who has a conflictof interestregarding any matter
being considered by theCity Council shall declare the conflict and excuse himself/herself from
participating in the City Council's deliberations and decisions regarding thatmatter.
16. ORDER AND DECORUM
a.By City CouncilmembersWhile the City Council is in session, the members must
preserve order and decorum, and a member shall neither by conversation or otherwise, delay
or interrupt the proceedings or thepeace of the City Council nor disturb any member while
speaking or refuse to obey the orders of the City Council or Mayor, except as otherwise herein
provided.
b.By Persons Any person making remarks or engaging in conduct which actually
disrupts, disturbs, orimpedes the proceedings or the peace of the City Council or disturbs any
member while speaking or refuses to obey the orders of the City Council or theMayor shall be
forthwith, by the Mayor, barred from further audience before the City Council, unless
permission to continue is granted by a majorityvote of the City Council. In order to maintain
the appropriate level of civility in the City Council's businessmeetings, persons are expected
to refrain from making personal, impertinent, or slanderous remarks and from becoming
boisterous.
c.Enforcement of Order and Decorum A law enforcement officer shall be
designated as Sergeant-at-Armsof theCity Councilmeetings when requested by the Mayor.
He/she shall carry out all orders and instructions given at the City Council meeting. Upon
instruction of the Mayor, it shall be the duty of the Sergeant-at-Arms to remove and bar such
Reso No. 62-17, Adopted 5/16/2017, Item No. 7.1 Page 6 of 8
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person fromthe City Councilmeeting who violates the order and decorum of the meeting.
Violationof the order and decorum of a City Council meeting is a misdemeanor.
d. SmokingSmoking is prohibited at all times in all City-owned facilities.
17. PROHIBITION ON POLITICAL ACTIVITIES
Members of theCityCouncil shallnot engage in political activities related to local, state, or
federal elections during Council meetings. For the purposes of this section, the term "political
activity" shallmean an activity directedtoward the success or failure of a political party, a
candidate for electedoffice, a ballot measure, or a political group. Nothing in this section shall
prevent the City Council from considering whether or not to support or oppose a ballot
measureor state or federal legislation.
18. SPECIAL COMMITTEES/TASK FORCES
All special committees/taskforces shall be appointed by the Mayor, subject to approval of the
City Council.
19. CITY COUNCILMEMBER VACANCIES
When a vacancy occurs on the City Council, in the office of City Councilmember or Mayor, and
the City Council determines to consider filling the vacancy by appointment, the CityCouncilwill
make such appointment only at a meeting at which all remaining City Councilmembers
including the Mayor) are present. This rule shall not preclude the City Council fromcalling a
special election to fill the vacancy or from adopting an ordinance tofill the vacancy pursuant to
Government Code Section 36512 at a meeting at which one of the remaining City
Councilmembers (including theMayor) is absent.
20. PROTESTS
Any City Councilmember shall have the right to have the reasons for his/her dissent from, or
protest against, anyaction of the City Councilentered in theminutes.
21. ADJOURNMENT
Amotion to adjourn shall always be in order and decided without debate.
22. RULES AVAILABLE FOR PUBLIC REVIEW
A copy of these Rulesshall be available at all meetings of theCity Council for review by the
public.
PASSED, APPROVED AND ADOPTED this 16th
day of May 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and MayorHaubert
NOES:
ABSENT:
ABSTAIN:
Reso No. 62-17, Adopted 5/16/2017, Item No. 7.1 Page 7 of 8
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ATTEST:
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City Clerk
Reso No. 62-17, Adopted 5/16/2017, Item No. 7.1 Page 8 of 8
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