HomeMy WebLinkAboutMay 7, 2019 City Council Meeting PacketMay 7, 2019 Dublin City Council Agenda Page 1 of 5
REGULAR MEETING
Tuesday, May 7, 2019
Council Chamber, 100 Civic Plaza
DUBLIN CITY COUNCIL
A G E N D A
• Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov)
• Agendas may be picked up at the City Clerk’s Office for no charg e, or to request information on being placed on
the annual subscription list, please call 833-6650.
• A complete packet of information containing Staff Reports and exhibits relate to each item is available of public
review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council
members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is
available in the City Clerk’s Office and also at the Dublin Library.
CLOSED SESSION 6:30 P.M.
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of section 54956.9)
Name of case: Dublin Unified School District v. Grafton Station LLC et al., Alameda
Superior Court Case No. RG18924850
REGULAR MEETING 7:00 P.M.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1. Small Business Week Proclamation
The City Council will proclaim May 5 - 11, 2019, as “Small Business Week” in the City of
Dublin in conjunction with National Small Business Week.
STAFF RECOMMENDATION:
Present the proclamation.
3.2. Report on Dublin Real Estate Market
The City Council will receive an update from the Bay East Association of Realtors on the
City’s real estate market.
STAFF RECOMMENDATION:
Receive the presentation.
3.3. Presentation from Innovation Tri-Valley
The City Council will receive a presentation from Lynn Wallace Naylor, Chief Executive
Officer of Innovation Tri-Valley, providing an overview of recent activities.
STAFF RECOMMENDATION:
Receive the presentation.
3.4. Employee Introductions: Robert Smith and Jim Bergdoll
New City of Dublin Staff members, Jim Bergdoll, Senior Planner, and Robert Smith,
Associate Planner, with Community Development; and Alesha Gartner, Senior Office
Assistant, with Parks & Community Services, will be introduced.
STAFF RECOMMENDATION:
Welcome City of Dublin Staff members.
May 7, 2019 Dublin City Council Agenda Page 2 of 5
3.5. Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and
clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with
State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may
respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the
matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a
future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not
appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with
one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent
Calendar for purposes of public input may request the Mayor to remove the item.
4.1. Approval of the April 16, 2019 Regular and March 19, 2019 Special City Council
Meeting Minutes
The City Council will consider approval of the minutes of the April 16, 2019 Regular and
March 19, 2019 Special City Council meetings.
STAFF RECOMMENDATION:
Approve the minutes of the April 16, 2019 Regular and March 19, 2019 Special City Council
meetings.
4.2. National Public Works Week Proclamation 2019
The City Council will consider proclaiming National Public Works Week in the City of
Dublin for the week of May 19 through 25, 2019.
STAFF RECOMMENDATION:
Present the proclamation.
4.3. Kaiser Commercial - Nissan (PLPA-2019-00003)
The City Council will consider a request by the property owner to adopt an ordinance
amending the Planned Development Zoning Stage 1 Development Plan and a new Stage 2
Development Plan for the entire 14.89-acre Kaiser Commercial Site. On April 16, 2019, the
City Council help a public hearing and introduced this Ordinance. The City Council also
approved a Site Development Review Permit for a proposed 31,840 s.f. Nissan dealership on
the southern portion of the site adjacent to I-580. The City Council is now requested to hold a
second reading of the Ordinance approving the Planned Development Zoning District and
related Stage 1 and Stage 2 Development Plan for the project. The zoning will continue to
only allow commercial uses (no residential is permitted on this property).
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Amending the Zoning Map and Approving a
Planned Development Zoning District with a related Stage 1 and Stage 2 Development Plan
for the Kaiser Commercial project.
4.4. Amendments to Consulting Services Agreements for On-Call Building and Safety
Services
The City Council will consider approving amendments to the Consulting Services
Agreements for firms that provide contract services on an as needed basis to the Building and
Safety Division. The proposed amendments extend the term of the agreements to June 30,
2021, and increase the compensation paid during the term of the agreements.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendments to the Consulting Services Agreements for
On-Call Contract Building and Safety Services.
May 7, 2019 Dublin City Council Agenda Page 3 of 5
4.5. Authorize Staff to Procure Steelcase Furniture through One WorkPlace
The City Council will consider the use of One WorkPlace as a City’s vendor for furniture
procurement.
STAFF RECOMMENDATION:
Approve the Resolution Authorizing Staff to Procure Steelcase Furniture through One
WorkPlace.
4.6. Amendment to Dublin Crossing Development Agreement
The City Council will consider an administrative amendment to the Amended and Restated
Development Agreement with Dublin Crossing, LLC related to the payment and credit for
the Eastern Dublin Traffic Impact Fee.
STAFF RECOMMENDATION:
Waive the first reading and INTRODUCE the Ordinance Approving the First Amendment to
the Amended and Restated Agreement with Dublin Crossing, LLC.
4.7. Agreement with All City Management Services
The City Council will consider an agreement for crossing guard services with All City
Management Services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Agreement with All City Management Services, Inc.
for the Provision of Crossing Guard Services for Fiscal Year 2019-20.
4.8. Award of Contract to Golden Bay Construction Inc., for Amador Valley Boulevard -
Wildwood Road and Stagecoach Road Intersections Improvements, Project No. ST0317
The City Council will consider approving the plans and specifications and awarding a
construction contract to Golden Bay Construction, Inc. for the Amador Valley Boulevard –
Wildwood Road and Stagecoach Road Intersections Improvements, Project No. ST0317. The
project will: construct a bulb out bioretention planter and install a Rectangular Rapid
Flashing Beacon at Amador Valley Boulevard and Wildwood Road; modify the traffic
signal, construct new curb ramps, and modify medians at Amador Valley Boulevard and
Stagecoach Road; and will convert the Amador Valley Boulevard median irrigation to
recycled water east of Stagecoach Road.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to
Golden Bay Construction, Inc., for Amador Valley Boulevard - Wildwood Road and
Stagecoach Road Intersections Improvements Project No. ST0317.
4.9. Award of Contract to American Asphalt Repair and Resurfacing Co., Inc. for the
Annual Street Resurfacing Project “2019 Slurry Seal” (CIP No. ST0117)
The City Council will consider approving the plans and specifications and awarding a
construction contract to American Asphalt Repair and Resurfacing Co., Inc. for the Annual
Street Resurfacing Project “2019 Slurry Seal” (CIP No. ST0117). The project will resurface
81 city street segments with a slurry seal that will prolong the life of the existing pavement
surface.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to
American Asphalt Repair and Resurfacing Co., Inc. for the Annual Street Resurfacing
Project “2019 Slurry Seal” (CIP No. ST0117).
4.10. Traffic Signal Maintenance Budget Adjustment
The City Council will consider increasing the budget for traffic signal maintenance to cover
unanticipated maintenance costs.
STAFF RECOMMENDATION:
Approve the budget change.
May 7, 2019 Dublin City Council Agenda Page 4 of 5
4.11. Consideration of an Amendment to the Memorandum of Understanding for Animal
Shelter Services
The City Council will consider approval of a second amendment to the Memorandum of
Understanding for Animal Shelter Services between the cities of Dublin, Livermore and
Pleasanton, and the County of Alameda.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Second Amendment to the Memorandum of
Understanding for Animal Shelter Services.
4.12. Affordable Housing Week Proclamation
The City will consider proclaiming Affordable Housing Week in the City of Dublin for the
week of May 9 through 19, 2019.
STAFF RECOMMENDATION:
Present the Proclamation.
5. WRITTEN COMMUNICATION – NONE.
6. PUBLIC HEARING – NONE.
7. UNFINISHED BUSINESS
7.1. Ordinance Amending Chapter 2.12 (Planning Commission) and Resolution Amending
Bylaws and Rules of Procedure to Add Alternate Commission and Committee Member
Positions
The City Council will consider amending Chapter 2.12 of the Dublin Municipal Code related
to the composition of the Planning Commission to add two alternate commissioner positions.
The City Council will also consider amending certain Bylaws and Rules of Procedure to add
two alternate commission or committee member positions to the Human Services
Commission, Parks & Community Services Commission, and Senior Center Advisory
Committee, and to add one alternate commission member position to the Heritage & Cultural
Arts Commission.
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE the Ordinance of the City of Dublin Amending
Chapter 2.12 (Planning Commission) of the Dublin Municipal Code to Add Alternate
Commissioner Positions; and adopt the Resolution Approving Amendments to the Bylaws
and Rules of Procedure of the Human Services Commission, Parks & Community Services
Commission, Senior Center Advisory Committee, and Heritage & Cultural Arts Commission
to Add Alternate Commissioner or Committee Member Positions.
8. NEW BUSINESS
8.1. Fallon Sports Park Phase 3 Concept Design Options
The City Council will receive a presentation on three conceptual plan options for Fallon
Sports Park Phase 3 and will provide direction on the preferred concept for site development.
STAFF RECOMMENDATION:
Receive the presentation and provide direction on the preferred concept plan for Fallon
Sports Park Phase 3.
8.2. Consideration of General Plan Amendment Study Policy
The City Council will review the City’s existing General Plan Amendment Study Policy
which provides direction on the process for proposed General Plan Amendment study
requests.
STAFF RECOMMENDATION:
Receive the report and provide direction.
May 7, 2019 Dublin City Council Agenda Page 5 of 5
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports
and reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate
alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make
a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-
6650 at least 72 hours in advance of the meeting.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters
new opportunities.
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Small Business Week Proclamation
Prepared by: Suzanne Iarla, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will proclaim May 5 - 11, 2019, as “Small Business Week” in the City of
Dublin in conjunction with National Small Business Week.
STAFF RECOMMENDATION:
Present the proclamation.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
Every year since 1963, the President of the United States has issued a proclamation for
National Small Business Week to recognize the critical contributions of America’s
entrepreneurs and small business owners.
According to the Small Business Administration, more than half of Americans either own
or work for a small business. Additionally, small businesses create approximately two
out of every three new jobs in the U.S. each year. The City of Dublin also recognizes
the importance of small businesses to our local econom y and supports this effort to
honor local entrepreneurs.
The City of Dublin is committed to supporting our businesses by seeing them grow and
thrive through ongoing economic development efforts. In addition to supporting local
seminars and programs periodically, the City has developed tools such as the "How to
Start a Business Guide" to assist local entrepreneurs who want to grow their business
and ensure a continued vibrant local economy.
The proclamation will be received by Inge Houston, President/CEO o f the Dublin
Chamber of Commerce, on behalf of all local businesses.
3.1
Packet Pg. 6
Page 2 of 2
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Small Business Week Proclamation
3.1
Packet Pg. 7
A PROCLAMATION OF THE CITY OF DUBLIN, CALIFORNIA
“Small Business Week, May 5 – 11, 2019”
WHEREAS, every year since 1963, the President of the United States has issued a proclamation announcing National Small
Business Week, which recognizes the critical contributions of America’s entrepreneurs and small business owners; and
WHEREAS, America’s progress has been driven by pioneers who think big, take risks and work hard; and
WHEREAS, from the storefront shops to the high-tech startups that keep America on the cutting edge, small businesses are
the backbone of our economy and the cornerstones of our nation’s promise; and
WHEREAS, when communities support small businesses, jobs are created, and local communities preserve their unique
culture; and
WHEREAS, more than half of Americans either own or work for a small business, and they create about two out of every
three new jobs in the U.S. each year; and
WHEREAS, the City of Dublin recognizes that small businesses are a critical component of the local econo my; and
WHEREAS, the City of Dublin partners with the Dublin Chamber of Commerce throughout the year to connect small
businesses with vital resources, celebrate small businesses, and promote residents to shop locally.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim the week of
May 5 - 11, 2019, as “Small Business Week" and urges all citizens to join the national effort by supporting local Dublin
businesses with their patronage.
DATED: May 7, 2019
Mayor David G. Haubert Vice Mayor Melissa Hernandez
Councilmember Arun Goel Councilmember Jean Josey Councilmember Shawn Kumagai
3.1.a
Packet Pg. 8 Attachment: 1. Small Business Week Proclamation (Small Business Week Proclamation)
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STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Report on Dublin Real Estate Market
Prepared by: Christopher L. Foss, City Manager
EXECUTIVE SUMMARY:
The City Council will receive an update from the Bay East Association of Realtors on
the City’s real estate market.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
David Stark, Public Affairs Director for the Bay East Association of REALTORS, will
share detailed information about how the Dublin real estate market and the home
buying and selling experience is changing and how Dublin compares with other Tri -
Valley communities.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
None.
3.2
Packet Pg. 9
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STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Presentation from Innovation Tri-Valley
Prepared by: Hazel L. Wetherford, Economic Development Dire ctor
EXECUTIVE SUMMARY:
The City Council will receive a presentation from Lynn Wallace Naylor, Chief Executive
Officer of Innovation Tri-Valley, providing an overview of recent activities.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMP ACT:
N/A
DESCRIPTION:
The City Council will receive a presentation from Lynn Wallace Naylor, Chief Executive
Officer of Innovation Tri-Valley, providing an overview of recent activities.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
None.
3.3
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STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Employee Introductions: Robert Smith and Jim Bergdoll
Prepared by: Jeff Baker, Community Development Director
EXECUTIVE SUMMARY:
New City of Dublin Staff members, Jim Bergdoll, Senior Planner, and Robert Smith,
Associate Planner, with Community Development; and Alesha Gartner, Senior Office
Assistant, with Parks & Community Services, will be introduced.
STAFF RECOMMENDATION:
Welcome City of Dublin Staff members.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
New City of Dublin Staff members, Jim Bergdoll, Senior Planner, and Robert Smith,
Associate Planner, with Community Development; and Alesha Gartner, Se nior Office
Assistant, with Parks & Community Services, will be introduced to the City Council.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
None.
3.4
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STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of the April 16, 2019 Regular and March 19, 2019 Special City
Council Meeting Minutes
Prepared by: Walfred Solorzano, Deputy City Clerk
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the April 16, 2019 Regular and
March 19, 2019 Special City Council meetings.
STAFF RECOMMENDATION:
Approve the minutes of the April 16, 2019 Regular and March 19, 2019 Special City
Council meetings.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
The City Council will consider approval of the minutes of the April 16, 2019 Regular and
March 19, 2019 Special City Council meetings.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Draft Minutes of the April 16, 2019 Regular City Council Meeting
2. Draft Minutes of the March 19, 2019 Special City Council Meeting
4.1
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – APRIL 16, 2019
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
APRIL 16, 2019
Closed Session 6:35 P.M.
I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1
case
II. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (D) of
Section 54956.9: 1 Case
Facts and Circumstances: Letter from Paul Albritton to the City Attorney, Dated March
5, 2019
1. Call to Order and Pledge of Allegiance The meeting was called to order at 7:03 p.m.
by Mayor Haubert. The pledge was recited by the City Council, Staff, and those present
at the meeting.
Attendee Name Title Status
David Haubert Mayor Present
Melissa Hernandez Vice Mayor Present
Arun Goel Councilmember Present
Jean Josey Councilmember Present
Shawn Kumagai Councilmember Present
2. Report on Closed Session
The Mayor stated that there was no reportable action.
3. Oral Communications
3.1. Presentation from i-GATE
The City Council received the presentation from Brandon Cardwell, Executive
Director of i-GATE.
3.2. Presentation by Dublin San Ramon Services District on Water
Supply/Reliability
The City Council received the report and supports DSRSD and Zone 7 in future
study of all water supply options, including Potable Reuse.
4.1.a
Packet Pg. 13 Attachment: 1. Draft Minutes of the April 16, 2019 Regular City Council Meeting (Draft Minutes of the Aprl 16, 2019 Regular Meeting and March
DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
APRIL 16, 2019
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Arun Goel, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
3.3. Presentation from the Alameda County Complete Count Committee for
Census 2020
The City Council received the presentation.
3.4. Employee Introductions
The City Council welcomed the new Dublin staff members.
3.5. Public Comment
Shawn Costello, Dublin resident, provided public comment.
4. Consent Calendar
Item 4.3 was pulled by Mayor Haubert for discussion; Item 4.9 was pulled for public
comment; and Item 4.13 was pulled by Cm. Kumagai for discussion.
4.1. Approved the minutes of the April 2, 2019 Regular City Council meeting.
4.2. Presented the Arbor Day 2019 proclamation.
4.4. Adopted
RESOLUTION NO. 26 – 19
APPROVING FUNDING RECOMMENDATIONS FOR
FISCAL YEAR 2019-20 HUMAN SERVICES GRANT PROGRAM
4.5. Received the notification of the City Engineer’s receipt of the Final Map for
review for Tract 8372, Boulevard, Neighborhoods 21, 22 and 23.
4.6. Received the 2019 Dublin Pride Week activities report.
4.7. Adopted
RESOLUTION NO. 27 – 19
AUTHORIZING STAFF TO PURCHASE 10 MOBILE DATA TERMINAL COMPUTERS
FROM NWN CORPORATION
4.1.a
Packet Pg. 14 Attachment: 1. Draft Minutes of the April 16, 2019 Regular City Council Meeting (Draft Minutes of the Aprl 16, 2019 Regular Meeting and March
DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
APRIL 16, 2019
4.8. Adopted
RESOLUTION NO. 28 – 19
APPROVING THE PRELIMINARY ENGINEER'S REPORTS AND APPOINTING TIME
AND PLACE FOR HEARING PROTESTS FOR STREET LIGHTING MAINTENACE
DISTRICT 1983-1, LANDSCAPE AND LIGHTING DISTRICT 1983-2, LANDSCAPE
AND LIGHTING DISTRICT 1986-1, LANDSCAPE AND LIGHTING DISTRICT 1997-1,
AND STREET LIGHTING MAINTENANCE DISTRICT 1999-1
RESOLUTION NO. 29 – 19
DIRECTING PREPARATION OF ANNUAL ENGINEER’S REPORT FOR CITY OF
DUBLIN STREET LIGHTING MAINTENANCE DISTRICT 1983-1, LANDSCAPE AND
LIGHTING DISTRICT 1983-2, LANDSCAPE AND LIGHTING DISTRICT 1983-2,
LANDSCAPE AND LIGHTING DISTRICT 1986-1, LANDSCAPE AND LIGHTING
DISTRICT 1997-1, AND STREET LIGHTING MAINTENANCE DISTRICT 1999-1
4.10. Adopted
RESOLUTION NO. 30 – 19
RECOGNIZING THE IMPORTANCE OF THE 2020 U.S. CENSUS AND SUPPORTING
EFFORTS TO ENSURE FULL PARTICIPATION IN THE 2020 CENSUS
4.11. Receive the report.
4.12. Adopted
RESOLUTION NO. 31 – 19
APPROVING FIRST AMENDMENT TO SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND CHANDLER ASSET MANAGEMENT
4.14. Adopted
RESOLUTION NO. 32 – 19
APPROVING A CONSULTING SERVICES AGREEMENT WITH
SDI PRESENCE LLC FOR SELECTION ASSISTANCE AND IMPLEMENTATION OF
AN ENTERPRISE RESOURCE PLANNING SYSTEM
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Melissa Hernandez, Vice Mayor
SECOND: David Haubert, Mayor
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
4.1.a
Packet Pg. 15 Attachment: 1. Draft Minutes of the April 16, 2019 Regular City Council Meeting (Draft Minutes of the Aprl 16, 2019 Regular Meeting and March
DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
APRIL 16, 2019
4.3. Adopted
RESOLUTION NO. 33 – 19
REAFFIRMING THE CITY OF DUBLIN’S COMMITMENT TO THE VALUES OF
DIGNITY, INCLUSIVITY, AND RESPECT FOR ALL INDIVIDUALS AND THAT THE
CITY OF DUBLIN IS “NO PLACE FOR HATE”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Jean Josey, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
4.9. Inge Houston, CEO of Dublin Chamber of Commerce, provided public comment.
Adopted
RESOLUTION NO. 34 – 19
ALLOCATING ADDITIONAL DWELLING UNIT EQUIVALENTS OF SEWER
CAPACITY AND AMENDING THE CITY'S SEWER CAPACITY ASSISTANCE
PROGRAM
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Jean Josey, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
4.13. Adopted
RESOLUTION NO. 35 – 19
APPROVING LEHR AUTO AS A SOLE SOURCE VENDOR FOR AUTOMATED
LICENSE PLATE RECOGNITION CAMERAS (ALPR)
RESOLUTION NO. 36 – 19
APPROVING CONSILIANT TECHNOLOGIES, LLC AS A SOLE SOURCE VENDOR
FOR SITUATIONAL AWARENESS CAMERAS (SITCAM)
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Melissa Hernandez, Vice Mayor
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
4.1.a
Packet Pg. 16 Attachment: 1. Draft Minutes of the April 16, 2019 Regular City Council Meeting (Draft Minutes of the Aprl 16, 2019 Regular Meeting and March
DUBLIN CITY COUNCIL MINUTES 5
REGULAR MEETING
APRIL 16, 2019
5. Written Communication – None.
6. Public Hearing
6.1. Kaiser Commercial - Nissan (PLPA-2019-00003)
The Mayor opened the public hearing.
Kevin Fryer, representative for the Applicant, provided public comment.
The Mayor closed the public hearing.
The City Council waived the reading and INTRODUCED an Ordinance Amending
the Zoning Map and Approving a Planned Development Zoning District with a
Stage 1 and 2 Development Plan; and adopted
RESOLUTION NO. 37 – 19
APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE
KAISER COMMERCIAL - NISSAN PROJECT
PLPA 2019-00003
(APN 985-0027-019)
RESULT: ADOPTED [4-0]
MOVED BY: David Haubert, Mayor
SECOND: Arun Goel, Councilmember
AYES: Shawn Kumagai, Arun Goel, David Haubert, Melissa Hernandez
ABSTAIN: Jean Josey
7. Unfinished Business
7.1. Informational Report on the Recent and Pending Housing Laws and
Legislation
The City Council received the report.
8. New Business
8.1. Alameda County Waste Management Authority’s Mandatory Recycling
Ordinance
4.1.a
Packet Pg. 17 Attachment: 1. Draft Minutes of the April 16, 2019 Regular City Council Meeting (Draft Minutes of the Aprl 16, 2019 Regular Meeting and March
DUBLIN CITY COUNCIL MINUTES 6
REGULAR MEETING
APRIL 16, 2019
The City Council received the report and directed Staff to draft the Mandatory
Recycling Ordinance.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Arun Goel, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
8.2. Traffic Safety and Access around Dublin Schools
The City Council received the report.
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 asked Staff to invite Eden Housing to make a
presentation.
By consensus, the City Council asked Staff to make a report on fiber technology,
including information on access for homes and commercial properties; and policies
other cities adopted.
By consensus, the City Council asked Staff to make a policy for City Council
consideration that would authorize members of the City Council to sign letters of support
for community organizations.
10. Adjournment
The meeting was adjourned at 11:02 p.m. in honor of Staff Sgt. Sean Diamond and all
of our fallen troops.
Mayor
ATTEST:
___________________________
City Clerk
4.1.a
Packet Pg. 18 Attachment: 1. Draft Minutes of the April 16, 2019 Regular City Council Meeting (Draft Minutes of the Aprl 16, 2019 Regular Meeting and March
Minutes of the March 19, 2019 City Council Special Meeting Page 1 of 2
SUMMARY MINUTES OF THE
DUBLIN CITY COUNCIL
SPECIAL MEETING
Tuesday, March 19, 2019, 5:00 p.m.
DUBLIN CIVIC CENTER, REGIONAL MEETING
ROOM
100 CIVIC PLAZA, DUBLIN, CA 94568
1. Call to Order and Pledge of Allegiance
Mayor Haubert called the meeting to order at 5:05 p.m. The pledge of allegiance was
recited by the City Council, Staff, and those present at the meeting.
Attendee Name Title Status
David Haubert Mayor Present
Melissa Hernandez Vice Mayor Present
Arun Goel Councilmember Present
Jean Josey Councilmember Present
Shawn Kumagai Councilmember Present
2. Public Comment - None
3. Update on Covenants, Conditions & Restrictions Efforts
Economic Development Director Hazel Wetherford provided a brief update on efforts to
assist property owners of the Dublin Place and Dublin Plaza Center shopping centers to
update and modernize their respective Covenants, Conditions and Restrictions (CC&Rs).
The City has retained a retail real estate consultant, Greensfelder Commercial Real
Estate, to assist with this project and the consultant has started outreaching to
stakeholders and working with the City Attorney’s Office to draft new CC&Rs.
4. Update on Downtown Streetscape Master Plan
Principal Planner Amy Million presented a brief update on the status of the Downtown
Dublin Streetscape Master Plan.
5. Work Session with Urban Field Studio
Jane Lin, Founder of Urban Field Studio (the City’s architectural consultant) led a work
session with the City Council on the vision and goals for Downtown Dublin’s Retail District.
Also participating were sub-consultants on the project: Ryan Call with ELS Architecture +
Urban Design, Christine Firstenberg with Retail Real Estate Resources and Kevin Feeney
and Jerry Keyser with Keyser Marston Associates.
The City Council provided feedback on the types of downtowns that are inspiring to them
and elements of what they would like to see in Dublin’s downtown. Urban Field will
compile the information they heard and work on three design concepts to be brought back
to the City Council at a future meeting.
4.1.b
Packet Pg. 19 Attachment: 2. Draft Minutes of the March 19, 2019 Special City Council Meeting (Draft Minutes of the Aprl 16, 2019 Regular Meeting and March
Minutes of the March 19, 2019 City Council Special Meeting Page 2 of 2
6. Adjournment
The meeting was adjourned at 6:59 p.m.
The next City Council work session on Downtown Dublin’s Retail District is scheduled for
Tuesday, May 7, 2019.
_____________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
4.1.b
Packet Pg. 20 Attachment: 2. Draft Minutes of the March 19, 2019 Special City Council Meeting (Draft Minutes of the Aprl 16, 2019 Regular Meeting and March
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
National Public Works Week Proclamation 2019
Prepared by: Andrew Russell, Public Works Director
EXECUTIVE SUMMARY:
The City Council will consider proclaiming National Public Works Week in the City of
Dublin for the week of May 19 through 25, 2019.
STAFF RECOMMENDATION:
Present the proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Since 1960, the American Public Works Association (APWA) has sponsored National
Public Works Week to educate the general public about the value and necessities
of public works projects throughout North America and to celebrate the thousands
of men and women who plan, build, maintain, operate and manage public
infrastructure within their communities. This year, May 19 through May 25 has been
designated as National Public Works week, with the theme "It Starts Here." The
theme represents the many facets of modern civiliz ation that grow out of the
efforts put forth by the public works professionals across North America.
National Public Works Week celebrates the vital role public works plays in connecting
us all together and recognizes the efforts of the Public Works Department in building
and maintaining the City's infrastructure to assure a high quality of life in the
community.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
4.2
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Page 2 of 2
ATTACHMENTS:
1. Public Works Week Proclamation 2019
2. National Public Works Week 2019 Poster
4.2
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A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“National Public Works Week”
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and
resilient communities and to the public health, high quality of life and well-being of the people of the City of Dublin; and
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works
professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for
rebuilding, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public
buildings, and other structures and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City of Dublin to gain knowledge of and to
maintain a progressive interest and understanding of the importance of pub lic works and public works programs in their respective
communities; and
WHEREAS, the year 2019 marks the 59th annual National Public Works Week sponsored by the American Public Works Association .
NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council, does hereby proclaim the week of May 19-25, 2019, as
“National Public Works Week” in the City of Dublin, and does hearby call upon all citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make
every day to our health, safety, comfort, and quality of life.
DATED: May 7, 2018
______________________________ ______________________________
Mayor Haubert Vice Mayor Hernandez
______________________________ ______________________________ ___________________________
Councilmember Goel Councilmember Josey Councilmember Kumagai
4.2.a
Packet Pg. 23 Attachment: 1. Public Works Week Proclamation 2019 (National Public Works Week 2019)
4.2.b
Packet Pg. 24 Attachment: 2. National Public Works Week 2019 Poster (National Public Works Week 2019)
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Kaiser Commercial - Nissan (PLPA-2019-00003)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
The City Council will consider a request by the property owner to adopt an ordinance
amending the Planned Development Zoning Stage 1 Development Plan and a new
Stage 2 Development Plan for the entire 14.89 acre Kaiser Commercial Site. On April
16, 2019, the City Council help a public hearing and introduced this Ordinance. The City
Council also approved a Site Development Review Permit for a proposed 31,840 s.f.
Nissan dealership on the southern portion of the site adjacent to I -580. The City Council
is now requested to hold a second reading of the Ordinance approving the Planned
Development Zoning District and related Stage 1 and Stage 2 Development Plan for the
project. The zoning will continue to only allow commercial uses (no residential is
permitted on this property).
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Amending the Zoning Map and Approving a
Planned Development Zoning District with a related Stage 1 and Stage 2 Development
Plan for the Kaiser Commercial project.
PROJECT DESCRIPTION:
Background
The 14.89 acre project site is located south of Dublin Boulevard between Grafton
Station and the Kaiser Dublin Medical Center as shown in Figure 1 below. It is bound by
I-580 to the south.
In 2016, City Council approved a Planned Development Zoning District with a Stage 1
Development Plan for the subject site as part of the Kaiser Dublin Medical Center
Project (Ordinance 7-16). The Kaiser Dublin Medical Center Project included the subject
site as Phase 1B with the intention of it being developed with a mix of commercial uses.
Because of the financial benefits arising from commercial development, the City
4.3
Packet Pg. 25
Page 2 of 3
included a provision in the development agreement that required Kaiser to actively
market Phase 1B and imposed financial consequences on Kaiser if it had not sold the
site in a timely manner. As part of that project, the property was given a new land use
designation of Medical Campus/Commercial. This designation accommodates a range
of commercial uses including regional- and community-serving retail uses, professional
and administrative offices, hotel, entertainment, automotive sales, and eating and
drinking establishments.
On April 16, 2019, the City Council held a public hearing to consider the proposed
project. A copy of the Staff Report for the April 16, 2019 meeting, without attachments,
is included as Attachment 1. At the meeting, the City Council waived the reading and
introduced an Ordinance to adopt a Planned Development Rezone with a related Stage
1 and Stage 2 Development Plan. The City Council also adopted a resolution approving
the Site Development Review Permit for the Nissan automobile dealership that is
proposed to located on Parcel 4 adjacent to I -580. All future development of the
remainder of the site will be subject Site Development Review Permit approval by the
Planning Commission.
The City Council will hold a second reading of the Ordinance amending the Planned
Development Zoning District. The Ordinance is included as Attachment 2.
4.3
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Page 3 of 3
ATTACHMENTS:
1. City Council Staff Report dated April 16, 2019, without Attachments
2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial
Property
3. Public Comment
4.3
Packet Pg. 27
Page 1 of 10
STAFF REPORT
CITY COUNCIL
DATE: April 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: Kaiser Commercial - Nissan (PLPA-2019-00003)
Prepared by: Amy MIllion, Principal Planner
EXECUTIVE SUMMARY:
The City Council will consider approval of a 31,840 square foot automobile dealership
adjacent to the freeway on the southern portion of the 14.89 acres of the Kaiser
Commercial property. The application includes an amended Planned Development
Zoning Stage 1 Development Plan and approval of a Stage 2 Development Plan for the
entire Kaiser Commercial site, and a Site Development Review Permit to construct the
automobile dealership on the southern portion of the property. The zoning will contin ue
to only allow commercial uses (no residential is permitted on this property).
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE an
Ordinance Amending the Zoning Map and Approving a Planned Development Zoning
District with a Stage 1 and 2 Development Plan; and, adopt the Resolution Approving a
Site Development Review Permit for the Kaiser Commercial-Nissan Project.
PROJECT DESCRIPTION:
Background
In 2016, the City Council approved a Planned Development Zoning District with a Stage
1 Development Plan for the subject site as part of the Kaiser Dublin Medical Center
Project (Ord. 7-16). The Kaiser Dublin Medical Center Project included the subject site
as Phase 1B with the intention of it being developed with a mix of commercial uses.
The Kaiser Development Agreement includes a provision that required Kaiser to actively
market Phase 1B and imposed financial payments by Kaiser if it did not meet certain
timing requirements. This provision was included in the Agreement because the
property being developed by Kaiser would be receiving a property tax exemption for the
development of the medical offices and future development of their site under State law.
As part of that project, the property was given a new land use designation of Medical
Campus/Commercial. This designation accommodates a range of commercial uses
4.3.a
Packet Pg. 28 Attachment: 1. City Council Staff Report dated April 16, 2019, without Attachments (Kaiser Nissan 2nd Reading)
Page 2 of 10
including regional- and community-serving retail uses, professional and administrative
offices, hotel, entertainment, automotive sales, and eating and drinking establishments.
The 14.89-acre parcel is located south of Dublin Boulevard between Grafton Station
and the Kaiser Dublin Medical Center as shown in Figure 1 below. It is bound by I -580
to the south.
In February 2019, the Community Developmen t Director approved Tentative Parcel
Map 10903 to subdivide the subject property into four parcels. The Stage 1 and 2 site
plan reflects these four parcels with the proposed Nissan dealership on Parcel 4. No
development applications have been submitted for the remaining parcels, but hotel
developers have expressed an interest in Parcels 1 and 3 and smaller commercial
buildings on Parcels 2 and 3. All future development will be subject Site Development
Review Permit approval by the Planning Commission.
Proposed Project
The Applicant currently proposes to construct a Nissan auto dealership on the southern
end adjacent to I-580. The current request includes Planned Development Zoning with a
related Stage 1 and 2 Development Plan and a Site Development Review Permit to
4.3.a
Packet Pg. 29 Attachment: 1. City Council Staff Report dated April 16, 2019, without Attachments (Kaiser Nissan 2nd Reading)
Page 3 of 10
construct the auto dealership.
ANALYSIS:
Planned Development Rezone
Chapter 8.32 of the Dublin Zoning Ordinance establishes the intent, purpose and
requirements of the Planned Development Zoning District. The Planned Development
Ordinance contains requirements that ensure the project components will be developed
as a cohesive and complementary project. The Development Plan establishes the
following regulations for use of the subject property: permitted and conditionally
permitted uses, development regulations, including setbacks, floor area ratios, height
limits, parking requirement, standards and design guidelines, site plan of the Project,
and other requirements which regulate the improvement and maintenance of the
property. An overview of the Planned Development Zoning District is provided below.
Stage 1 Development Plan Amendment
The existing zoning is Planned Development Ordinance 7-16 approved as part of the
Kaiser Dublin Medical Center project. For the commercial property, only a Stage 1
Development Plan was approved. The Stage 1 Planned Development Plan requires a
Conditional Use Permit to allow more than 10% of the site to have outdoor storage and
display, as had been requested by the previous property owner. The applicant is
requesting to modify the Stage 1 Planned Development Plan to allow up to 20% of the
area be allowed for outdoor storage and display area. No other changes to the allowed
uses as provided in the Stage 1 Planned Development Plan are proposed. However,
the Stage 1 Development Plan is being replaced in its entirety in order to simply
implementation. The proposed Stage 2 Development Plan, which is required to
complete the zoning district, is consistent with the amended Stage 1 Planned
Development Plan.
Stage 2 Development Plan
The proposed Stage 2 Development Plan for the property establishes the detailed
Development Plan, including the site plan for the site (See Figure 2 below), the specific
uses that are permitted by right or conditionally permitted (as provided in the previously
approved Stage 1 Development Plan), the overall development density and intensity
e.g. FAR, building heights) for the site, and design guidelines for the site.
4.3.a
Packet Pg. 30 Attachment: 1. City Council Staff Report dated April 16, 2019, without Attachments (Kaiser Nissan 2nd Reading)
Page 4 of 10
The development will provide interconnected pedestrian and vehicular circulation
throughout the site and connections to adjacent developments. A pedestrian pathway
located between Parcels 3 and 4 connects Grafton Station and the Water Quality Basin
through the subject property to the Kaiser Medical Center.
Vehicular access to the property is provided from three driveways off Keegan Street,
which is a private street south of Dublin Boulevard and from a right -in/right-out driveway
on Dublin Boulevard. The circulation for all parcels is interconnected allowing both
pedestrians and vehicles to navigate through the entire property.
The draft Ordinance providing the details of the proposed zoning is included as
Attachment 1.
Permitted, Conditional and Temporary Land Uses
The list of permitted and conditionally permitted uses is as provided in the Planned
Development Zoning District for the project site (Attachment 1). As mentioned, the list of
uses is consistent with the existing Stage 1 Development Plan, with the exception of
increasing the allowable storage/display area for automobile sales from 10% to 20% of
the site area. The list of uses accommodates a range of commercial uses including
4.3.a
Packet Pg. 31 Attachment: 1. City Council Staff Report dated April 16, 2019, without Attachments (Kaiser Nissan 2nd Reading)
Page 5 of 10
regional- and community-serving retail uses, professional and administrative offices,
hotel, entertainment, limited automotive sales, and eating and drinking establishments.
Design Theme
The architecture for the proposed project combines a variety of materials, textures and
colors intended to provide visual interest and to complement its surroundings. The
architectural style is modern with clean lines and enhanced bold geometry using high -
quality materials and a strong color palette. The architectural design promotes high
quality materials to provide visual interest in the project and to complement its
surroundings.
Buildings throughout the Project are no more than 60 feet in height as evaluated in the
Kaiser Dublin Medical Center Project EIR. The Nissan dealership, which is included in
the proposed project, measures 30 feet at its tallest point. The design of the Nissan
dealership is provided in more detail below (Site Development Review Permit) and
completely illustrated by the proposed building elevations and landscape plans that are
presented in the project plans.
Site Development Review Permit
A Site Development Review permit for the Nissan dealership is included in the proposed
application. The Site Development Review permit for any future buildings on the Kaiser
Commercial property will be reviewed as developers are identified and applications are
submitted. The draft resolution approving the Site Development Review Permit for the
proposed Nissan dealership building is included as Attachment 2. The following is a
summary of the key components of the project associated with the Site Development
Review.
The Site Development Review permit for the Nissan dealership includes the
construction of the proposed building, associated parking, landscaping and frontage
improvements along Parcel 4 only. Improvements associated with the remaining
parcels will take place in the future with their respective approvals.
Overall Project Design
The proposed project is designed with a glass display/showroom area as the major
feature. The overall form of the building is simple with clean and contemporary
architecture. The showroom is two stories and has an architectural pop out centered
above the entry to accommodate the Nissan sign. The prominent color of the building is
a dark grey which will be accented with clear glazing and eventually red signage. The
sales and service building is designed with a grey plaster wall on the service portion.
The service area is purposely simple to focus attention on the showroom. The exterior
of the showroom is clad with an insulated wall metal panel system which has a textured
stucco finish. Along the parapet, the same metal panel system is finished with a
horizontal wave finish adding definition to the top of the building. Vehicular entries to
the service area are designed with three glass overhead doors. Large spandrel glass
walls highlight the showroom portion of the building.
4.3.a
Packet Pg. 32 Attachment: 1. City Council Staff Report dated April 16, 2019, without Attachments (Kaiser Nissan 2nd Reading)
Page 6 of 10
Site Plan, Access, Circulation, and Parking
As shown on the proposed site plan (Figure 3 below and Sheet A -1.0 of the Project
Plans, see Attachment 3), the front of Nissan building is oriented towards I -580 and
Keegan Street, with the remainder of the building facing west to the water quality basin
and north towards the future parcel. It is anticipated that the development on the future
parcel will be designed so that the front entry focuses away from the Nissan dealership
leaving the back areas of the buildings relating to one another.
Primary vehicle access into the site will be provided off Dublin Boulevard via Keegan
Street with a secondary internal access drive between the subject parcel and the
adjacent parcel to the north.
The proposed Stage 1 Development Plan allows up to 20% of the entire Commercial
parcel (14.89 acres) to be used for outdoor display and storage of vehicles as part of
the auto dealership. More than 20% requires approval of a conditional use permit. The
proposed site plan shows 18.6% of the entire commercial parcel to be used for outdoor
display and storage and therefore a conditional use permit is not required. This does not
include areas used for required parking or indoor spaces.
Figure 3. Nissan Site Plan
Parking
Parking requirements for the proposed auto dealership are regulated by the City of
Dublin Zoning Ordinance (Section 8.76.080.D). The parking requirements for the project
are the sum of the different uses. The following table illustrates the number of parking
stalls that are required for the use.
4.3.a
Packet Pg. 33 Attachment: 1. City Council Staff Report dated April 16, 2019, without Attachments (Kaiser Nissan 2nd Reading)
Page 7 of 10
Table 1: Required Parking
Use Parking Requirement Total Area Required Number
of Parking Stalls
Indoor/Outdoor
Display
1 per 1,000 sq. ft. 44,141 sq. ft. 44
Service Area 1 per 400 sq. ft. 26,529 sq. ft. 67
Office 1 per 250 square feet 1,759 sq. ft. 7
Total Stalls Required 118
Total Stalls Provided (excluding tandem stalls) 359
As shown on the above Table, a total of 118 parking stalls are required for employees
and visitors. The Applicant is proposing to provide 359 parking stalls on the site. Of
these stalls, 118 parking stalls will be designated for employee, visitor parking and the
remaining spaces will be used for display and inventory parking. Typical of an auto
dealership, the proposed project will exceed the minimum parking requirements in order
to accommodate vehicle inventory.
The row of parking stalls along the southern boundary of the property are located within
the potential future BART right-of-way as part of the BART to Livermore Extension.
Although BART has decided to not advance the BART to Livermore Extension Project,
the area remains reserved for potential development in the future. With the required
parking outside of this area, these spaces are for the sole purpose of display and
storage. Therefore, even with the removal of these spaces, the auto dealership would
have an adequate amount of parking to meet the City’s requirements.
Landscape
The site is currently devoid of vegetation, other than grasses which are disked regularly
for maintenance.
The preliminary landscape plan includes a conceptual plant pallet with a variety of trees,
including 24” box trees along the perimeter of the site. The interior of the site is
accented with a mix of 1-gallon and 5-gallon shrubs. New landscape areas are
proposed with a variety of drought tolerant plants suitable for low maintenance and
water conserving efforts. The landscape concept including the planting plan and palette
is provided on Sheets L1.1-L1.4 of the Project Plans (Attachment 3).
Public Art Compliance
The applicant intends to satisfy the City’s public art requirement through the payment of
in-lieu fees. Condition of Approval No.16 confirms this intention.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLANS, AND ZONING
ORDINANCE:
The project is consistent with the General Plan land use designation of Medical
Campus/Commercial which allows a range of commercial uses including regional - and
4.3.a
Packet Pg. 34 Attachment: 1. City Council Staff Report dated April 16, 2019, without Attachments (Kaiser Nissan 2nd Reading)
Page 8 of 10
community-serving retail uses, professional and administrative offices, hotel,
entertainment, limited automotive sales, and eating and drinking establishments. The
General Plan encourages projects to relate well to the surrounding developments, and
the proposed project is compatible with the surrounding neighborhood that includes
commercial, office, and residential, uses. The proposed project is consistent with the
Eastern Dublin Specific Plan because the Plan states that regionally -oriented
commercial uses should be located south of Dublin Boulevard and near freeway
interchanges where convenient vehicular access will limit traffic impacts to the rest of
Dublin and the commercial center is intended to serve the community as well as the
region.
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin
San Ramon Services District reviewed the project and provided Conditions of Approval
where appropriate to ensure that the Project is established in compliance with all local
Ordinances and Regulations. Conditions of Approval from these departments and
agencies have been included in the attached Resolution (Attachment 4).
ENVIRONMENTAL REVIEW:
On September 20, 2016, the City Council certified the Kaiser Dublin Medical Center
Project EIR which included the subject site identified as Phase 1B. Upon approval of the
Kaiser Dublin Medical Center EIR, the City Council adopted mitigations, a mitigation
monitoring program and a Statement of Overriding Considerations (Resolution 153 -16).
The EIR examined potential environmenta l impacts resulting from the project at full build
out in the following topic areas:
Aesthetics, Light, and Glare
Air Quality/Greenhouse Gas Emissions
Biological Resources
Cultural Resources
Geology, Soils, and Seismicity
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use
Noise
Public Services and Utilities
Transportation
In summary, the EIR concludes that the project will have significant impacts in several
topic areas and mitigation measures have been written to reduce the impacts to a level
that is less than significant. These impacts are primarily related to aesthetics, air
quality, biology, cultural resources, geology, hydrology, noise, and transportation.
As is typical for other projects of this size, several other impacts were identified where,
even with the implementation of mitigation measures, the effects to the environment are
still expected to be significant. There are impacts to vehicular delays at certain street
4.3.a
Packet Pg. 35 Attachment: 1. City Council Staff Report dated April 16, 2019, without Attachments (Kaiser Nissan 2nd Reading)
Page 9 of 10
intersections in the future, notable greenhouse gas emissio ns, and air pollution impacts
that cannot be mitigated. The mitigation measures adopted as part of the mitigation
monitoring and reporting program addressed the impacts of the project site.
Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15162,
the proposed project was examined to determine if another environmental document
should be prepared.
The City conducted a review to determine if the proposed project met any of the
standards requiring the preparation of supplementa l environmental review under CEQA.
Based on a review of the project, the environmental analysis in the Kaiser Dublin
Medical Center EIR and all the information in the Project record as a whole, the City has
determined that there is no substantial evidence that any of the standards are met. The
mitigation measures adopted as part of the mitigation monitoring and reporting program
addressed the impacts of the project site. This included mitigation measures for
Aesthetics, Light, and Glare, Air Quality, Biological Resources, Cultural Resources,
Geology, Soils, and Seismicity, Hydrology and Water Quality, Noise and Transportation.
In order to evaluate the potential Phase 1B, the Kaiser Dublin Medical Center EIR
included assumptions on the intensity of development and types of uses. For the
purposes of providing a conservative analysis, the EIR included the following key
assumptions:
Kaiser Dublin Medical Center EIR Key Assumptions for Phase 1B
Development
Potential
250,000 square feet of commercial uses evaluated as either
250,000 square feet of retail uses or office uses, whichever
yields the highest impact scenario for a particular impact area.
For example, office uses would yield the highest weekday
morning (AM) peak-hour trip generation value, while retail uses
would yield the highest weekday afternoon (PM) peak -hour trip
generation value; therefore, the traffic analysis used office uses
for the AM peak hour and retail uses for the PM peak hour. This
allowed flexibility as plans for the Commercial Parcel became
more defined.
Uses Types of potential uses on the Commercial Parcel may include
hotel, restaurant, recreational and/or other retail uses (including
regional-serving retail), or office uses in the research and
development fields with a possible focus in the biotechnology,
medical device, health care, or pharmaceutical sectors. Other
possibilities to be studied for potential Commercial Parcel
development might include skilled nursing, senior living, or
licensed care facilities.
Timing Development of this phase would between 2016 and 2020
Maximum Height 1-4 stories in height (25-60 feet)
Parking Surface parking for 700 -1,100 vehicles
Site Access Four access points, including:
Unsignalized right-in/right-out on Dublin Boulevard
Three driveways along the private street (Keegan Street)
4.3.a
Packet Pg. 36 Attachment: 1. City Council Staff Report dated April 16, 2019, without Attachments (Kaiser Nissan 2nd Reading)
Page 10 of 10
Based on the Project record as a whole, the proposed project is within the scope of the
project covered by the Kaiser Dublin Medical Center EIR. The circumstances under
which the Project is to be undertaken have not substantially changed since the Kaiser
Dublin Medical Center EIR were prepared and will not substantially change with the
approval of the Project. As supported by the project description, Stage 1 and 2 Planned
Development Plan and Site Development Review Permit plans, the EIR adequately
describes the impacts of the Project for the purposes of CEQA, no mitigation measures
or new alternatives are required by the Project other than those previously disclosed
and analyzed in the Kaiser Dublin Medical Center EIR. Approval of the project will not
create any site specific operations giving rise to environmental effects different from
those examined by the EIR or requiring the preparation of an Initial Study. The
proposed project is subject to the Kaiser Dublin Medical Center Mitigation Monitoring
and Reporting Program. Consequently, pursuant to CEQA Guidelines Section 15162,
the Project impacts are covered by the Kaiser Dublin Medical Center EIR and no further
environmental review is required for this project.
PLANNING COMMISSION REVIEW:
The Planning Commission considered this project at their regular meeting on March 26,
2019 and recommended unanimous approval on a 4-0-1 vote with Commissioner Mittan
abstaining because of a real property ownership conflict . Five residents addressed the
Commission expressing concerns that generally related to traffic, noise, light pollution,
and vehicle deliveries. While most concerns were directly related to the proposed
Nissan dealership, others were related to the future commercial development within the
proposed Planning Development on the northern end of the parcel closer to Dublin
Boulevard. The Planning Commission Resolutions recommending approval of the
project and the draft meeting minutes are included as Attachments 4 and 5 respectively.
NOTICING REQUIREMENTS:
In accordance with State law, a public notice was mailed to all property owners and
occupants within 300 feet of the project site. A public notice also was published in the
East Bay Times and posted at several locations throughout the City. A Planning
Application sign was posted on the project site and the project was also included on the
City’s development projects webpage. A copy of this Staff Report has been provided to
the Applicant.
ATTACHMENTS:
1. Ordinance Amending the Zoning Map and Approving a Planned Development Zoning
District
2. Resolution Approving a Site Development Review Permit for the Kaiser Commercial -
Nissan Project
3. Exhibit A to Attachment 2 - Project Plans
4. Planning Commission Resolutions 19-01 and 19-02
5. Planning Commission Draft Minutes dated March 26, 2019
4.3.a
Packet Pg. 37 Attachment: 1. City Council Staff Report dated April 16, 2019, without Attachments (Kaiser Nissan 2nd Reading)
ORDINANCE NO. xx – 19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * *
AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING
DISTRICT WITH A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE
KAISER COMMERCIAL PROJECT
PLPA 2019-00003
(APN 985-0027-019)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The Applicant, Jessie Dosanjh, submitted an application to construct a new 31,840
square foot Nissan dealership on the southern portion of the approximately 14.89-acre site. The
applications include a Planned Development Zoning Stage 1 and 2 Development Plan and a
Site Development Review Permit. The proposed development and applications are collectively
known as the “Project”; and
B. The Project site is approximately 14.89 acres located south of Dublin Boulevard between
the Kaiser Medical Center and Grafton Station. Interstate 580 forms the southern boundary of
the site. (Assessor Parcel Number 985-0027-019-00); and
C. On September 20, 2016, the City Council certified the Kaiser Dublin Medical Center
Project EIR which included the subject site identified as Phase 1B. Upon approval of the Kaiser
Dublin Medical Center EIR, the City Council adopted mitigations, a mitigation monitoring
program and a Statement of Overriding Considerations (Resolution 153-16, incorporated herein
by reference); and
C. On October 4, 2016, City Council approved the Planned Development Stage 1
Development Plan for the Kaiser Dublin Medical Center Project which included the subject site
identified as Phase 1B (Ordinance 7-16);
D. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section
15168(c)(2), the project was examined to determine if another environmental document should
be prepared. The analysis concluded that the environmental impacts of the Project were
analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the
record that any new effects would occur, that any new mitigation measures would be required ,
or that any of the conditions triggering supplemental environmental review under CEQA
Guidelines section 15162 exists; and
E. Following a properly noticed public hearing on March 26, 2019, the Planning
Commission adopted Resolution 19-01, recommending approval of the Planned Development
Rezone and related Stage 1 and 2 Development Plan, which resolution is incorporated herein
by reference and available for review at City Hall during normal business hours ; and
F. On April 16, 2019, the City Council held a properly noticed public hearing on the project,
including the proposed Planned Development Zoning Stage 1 Development Plan and the Stage
4.3.b
Packet Pg. 38 Attachment: 2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial Property (Kaiser Nissan 2nd Reading)
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2 Development Plan, at which time all interested parties had the opportunity to be heard; and
G. Staff Report dated April 16, 2019, and incorporated herein by reference, described and
analyzed the Project, including the Planned Development Rezone and related Stage 1 and 2
Development Plan, for the City Council; and
SECTION 2. FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows.
1. The Kaiser Commercial Project (“the Project”) PD-Planned Development zoning
meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive
development plan that creates a desirable use of land that is sensitive to surrounding
land uses by virtue of the layout and design of the site plan.
2. Development of the Kaiser Commercial Project under the PD-Planned Development
zoning will be harmonious and compatible with existing and future development in the
surrounding area in that the site will provide new commercial in an area that has similar
uses nearby and is also adjacent to existing and future workplaces and residential
neighborhoods.
B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds
as follows.
1. The PD-Planned Development zoning for Kaiser Commercial Project will be
harmonious and compatible with existing and potential development in the surrounding
area in that the proposed Site Plan has considered a land use type and density that is
compatible with the adjacent areas and densities.
2. The project site is physically suitable for the type and intensity of the zoning district
being proposed in that the project site is flat with an improved public street on the north, a
private street to the east and served by existing public utilities. The project site conditions
were documented in the Environmental Impact Report (EIR) that has been prepared, and
the environmental impacts that have been identified will be mitigated to the greatest
degree possible. There are no site challenges that were identified in the EIR that will
present an impediment to utilization of the site for the intended purposes. There are no
major physical or topographic constraints and thus the site is physically suitable for the
type and intensity of the commercial uses approved through the PD zoning.
3. The PD-Planned Development zoning will not adversely affect the health or safety of
persons residing or working in the vicinity, or be detrimental to the public health, safety
and welfare in that the project will comply with all applicable development regulations and
standards and will implement all adopted mitigation measures.
4. The PD-Planned Development zoning is consistent with and in conformance with the
Dublin General Plan, in that the proposed commercial center is consistent with the
Medical Campus/Commercial land use designation for the site.
C. On September 20, 2016, the City Coun cil certified the Kaiser Dublin Medical Center Project
EIR which included the subject parcel identified as Phase 1B. Pursuant to CEQA Guidelines
4.3.b
Packet Pg. 39 Attachment: 2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial Property (Kaiser Nissan 2nd Reading)
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section 15168(c)(2), the project was examined to determine if another environmental document
should be prepared. The analysis concluded that the environmental impacts of the Project were
analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the
record that any new effects would occur, that any new mitigation measures would be requi red,
or that any of the conditions triggering supplemental environmental review under CEQA
Guidelines section 15162 exist.
SECTION 3: ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning
Map is amended to rezone the property described below to a Planned Development Zoning
District and supersedes and replaces the previously adopted zoning (Ordinance 7-16):
14.89 acres located south of Dublin Boulevard between Kaiser Medical Center and
Grafton Station. Interstate 580 forms the southern boundary of the site. (Assessor Parcel
Numbers 986-0033-004, 986-0027-019-00) (“the Property”).
A map of the rezoning area is shown below:
4.3.b
Packet Pg. 40 Attachment: 2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial Property (Kaiser Nissan 2nd Reading)
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SECTION 4. APPROVAL OF STAGE 1 AND 2 DEVELOPMENT PLAN
The regulations for the use, development, improvement and maintenance of the project site are
set forth in the following Stage 1 and 2 Development Plan, which is hereby approved. Any
amendments to the Stage 1 and 2 Development Plan shall be in accordance with Chapter 8.32
of the Dublin Zoning Ordinance or its successors.
Stage 1 & 2 Development Plan for Kaiser Commercial Project
This is a Stage 1 and Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning
Ordinance. This Development Plan meets all the requirements for the Stage 1 and Stage 2
Development Plan set forth in Chapter 8.32 of the Dublin Zoning Ordinance and is adopted as
part of the Planned Development Zoning for the Kaiser Commercial Project (PLPA -2019-
00003). This Stage 1 and Stage 2 Development Plan supersedes and replaces the Stage 1
Development Plan adopted for this site by Ordinance 7-16.
The Planned District and this Stage 1/Stage 2 Development Plan provides flexibility needed to
encourage innovative development while ensurin g the goals, policies and action programs of the
General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32, Planned
Development Zoning District of the Zoning Ordinance are satisfied.
1. Statement of Uses.
Use types listed below are as defined in Dublin Municipal Code, unless otherwise noted.
Permitted Uses:
• Hotel/Motel
• Eating and Drinking Establishments1
• Entertainment (including movie theater, performance venue, or similar)
• Automotive/Vehicle Sales and Service (outdoor display/storage area limited to 20% of
the subject parcel)
• The following Retail uses:
o Home Furnishings
o Clothing/Fashion
o Office Supplies
o Home Appliance/Electronics
o Hardware
o Jewelry
o Bookstore
o Sporting Goods
o Grocery2
o Other retail establishments determined by the Community Development Director to
be similar (in terms of City revenue generation and use type) to the foregoing3
Conditionally Permitted Uses
• Membership-based warehouse retail store4
• Professional and Administrative Offices
• Research and Development Laboratory
• Automotive/Vehicle Sales and Service (outdoor display/storage area more than 20%
of the subject parcel)
• Fitness/Health Club2
4.3.b
Packet Pg. 41 Attachment: 2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial Property (Kaiser Nissan 2nd Reading)
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Notes:
1. Up to a maximum of 20% of the total building square footage. Drive-through or traditional fast-food
chain restaurants shall not be permitted.
2. Up to a maximum of 30% of the total building square footage
3. Tobacco Retail uses shall not be permitted.
4. CUP analysis will require a trip generation assessment/site plan review and potentially a supplemental
analysis to determine if the use generates traffic more than what was assumed in the EIR
2. Stage 1/2 Site Plan.
The following Stage 1 and Stage 2 Site Plan is conceptual . Final site design shall be
determined by the Site Development Review Permit.
3. Site area, proposed densities and development regulations.
The following development regulations apply to the entire site/parcels as a whole:
Maximum Building Height 60 feet
Minimum Lot Size None
Maximum lot coverage None
Maximum Floor Area Ratio .60
Maximum Building Area 250,000 SF1
Minimum Building Setbacks
Dublin Boulevard 8’
4.3.b
Packet Pg. 42 Attachment: 2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial Property (Kaiser Nissan 2nd Reading)
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Eastern Property Line 5’
Western Property Line 15’
Parking Per Chapter 8.76 Off-Street Parking and Loading Regulations
of the Dublin Zoning Ordinance unless otherwise noted.
Parking Setbacks
Dublin Boulevard 5’
Eastern Property Line 5’
Western Property Line 5’
Signage Pursuant to an approved Master Sign Program
Note:
1 The maximum building area is based on the Kaiser Dublin Medical Center Project EIR and the
vehicle trip generation of potential future uses that could be constructed on the site which
conservatively included 250,000 square feet of office for AM peak hour and 250,000 square
feet of regional retail for PM peak hour.
4. Phasing Plan.
The project site is not intended to be phased. The construction and occupation of the
individual buildings may occur concurrently and would be separated into different building
permit submittals.
5. Architectural Standards.
The architectural style is modern with clean lines and enhanced bold geometry using high-
quality materials and a strong color palette. The architectural design shall reflect the
following standards:
• Employ high quality materials to provide visual interest in the project and to
complement its surroundings.
• The overall character and feel of the area shall use a variety of cohesive styles,
materials, colors and textures.
• Use diversity of textures in the building finishes providing a varied and interesting
base form for the buildings.
• The simple form of the building is enhanced by the juxtaposition of protruding
planes, material textures, and colors.
• The design for the entries to parking lots should be articulated and detailed such
that employees and visitors can easily identify pedestrian and vehicular access
points
• Provide functional amenities and spaces where hotel guests and visitors will
gather and socialize, with landscaping, outdoor seating, enhanced paving
treatment, and other features to provide an appropriate urban scale for the
development.
• Incorporate features such as different wall planes, heights, wall textures, roof
elements, signs, light fixtures and landscaping to contribute layers of detail at the
pedestrian level.
4.3.b
Packet Pg. 43 Attachment: 2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial Property (Kaiser Nissan 2nd Reading)
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Illustrative examples of architectural style:
6. Preliminary Landscape Plan.
The landscape design of the project shall include the following:
• Inviting streetscapes along Dublin Boulevard and at pedestrian entries to draw
pedestrians into the site. Through multiple modes of circulation, plaza spaces and
programmed indoor and outdoor space, social interaction thrives. Through the
creative use of planting, hardscape, site furnishings and lighting, the commercial
center of the project site helps to promote community awareness and vitality.
• A dedicated pedestrian and bicycle pathway connecting the parcels to the east and
west through the project site.
4.3.b
Packet Pg. 44 Attachment: 2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial Property (Kaiser Nissan 2nd Reading)
7
• The open spaces within the site appeal to all users. Distinct and varied activities,
seating options and shade, allow for a diverse user group as well as a unique and
identifiable character.
• Through the use of a varied planting palette, the public realm and the private site will
feel linked but separate. The use of screening shrubs and accent fencing will provide
a visual buffer while softening the edge.
• Planting Design will create year-round interest with variegated cultivars and plant
types with visual interest through all seasons. Plant palette will be drought tolerant
and environmentally appropriate for the Dublin climate. Planting design will
accommodate plants at their mature size for minimal pruning and shearing. Shrubs
will be used to minimize the visual presence of loading, trash, utility and service
areas. Evergreen trees and hedges will be utilized to provide screening between
separate uses. Create a pedestrian corridor that connects the existing the Water
Quality Basin trail to the west, through the site, and to Keegan St and the Kaiser
Medical center to the east
7. Consistency with General Plan and any applicable Specific Plan. The proposed project
is consistent with the General Plan and Eastern Dublin Specific Plan land use Medical
Campus/Commercial, which permits a floor area ratio of 0.25 to 0.60 and accommodates a
4.3.b
Packet Pg. 45 Attachment: 2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial Property (Kaiser Nissan 2nd Reading)
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range of commercial uses including regional- and community-serving retail uses,
professional and administrative offices, hotel, entertainment, limited automotive sales, and
eating and drinking establishments.
8. Inclusionary Zoning Regulations. The Inclusionary Zoning Regulations do not regulate
non-residential projects, so therefore this is not applicable.
9. Aerial Photo.
10. Statement of compatibility with Stage 1 Development Plan.
The Stage 2 portion of this Development Plan is consistent with the Stage 1 portion of this
Development Plan.
SECTION 5. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of
the State of California.
SECTION 6. EFFECTIVE DATE
4.3.b
Packet Pg. 46 Attachment: 2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial Property (Kaiser Nissan 2nd Reading)
9
This Ordinance shall take effect thirty (30) days following its adoption.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 7th day of May,
2019, by the following votes:
AYES:
NOES:
AB SENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
_____________________________
City Clerk
4.3.b
Packet Pg. 47 Attachment: 2. Ordinance Approving Planned Development Zoning for the Kaiser Commercial Property (Kaiser Nissan 2nd Reading)
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Amy Million
From:Michael Liao <m.liao.x@gmail.com>
Sent:Tuesday, April 16, 2019 9:38 PM
To:Amy Million
Subject:Kaiser Commercial-Nissan
Hello Amy,
I am writing to provide feedback on the Kaiser Commercial‐Nissan project but do not know where to send written
correspondence. In case the flyer intended for the correspondence to be sent to you via email, I have provided my
remarks below:
The proposed automobile dealership on the southern portion of the Kaiser Commercial property is not compatible with
the surrounding community in many ways and damages the character of the community. It lacks a coherent center and
introduces a linear alignment of commercial uses, in direct disagreement with the East Dublin Specific Plan Section 4.5.2.
It also increases the physical dominance of the automobile on the commercial landscape also in disagreement with the
same Section. Further evidence of its incompatibility with the community is the creation of the Medical
Center/Commercial land use category to allow automobile sales. It appears arbitrary and forced, providing a pathway to
sell the land to the Nissan dealership. It is also the only land use category in the East Dublin Specific Plan that allows
automobile sales. Policy 4‐11 in the Specific Plan stipulates commercial uses south of Dublin Boulevard and near freeway
entrances to limit traffic impacts on the rest of eastern Dublin. However, a Nissan dealership may cause spillage of traffic
into East Dublin residential areas due to conducting test drives. It is not near a freeway entrance to encourage drivers to
test drive on the freeway. Also, whereas a commercial development with repeat customers or employees will keep
patrons away from the adjacent residential areas, unfamiliarity of Nissan customers with Dublin's roads may cause
misdirection into Dublin's residential areas. Further, it may increase hazardous driving conditions due to its close
proximity to the planned high school on Dublin Boulevard. With many novice drivers from the high school and from the
Nissan dealership with new cars may cause greater difficulty for residents when maneuvering the nearby roads.
The plan to build the dealership also disagrees with the General Plan which guides the allowance of automobile
dealerships away from downtown if or when downtown land becomes too costly. However, the planned Volvo
dealership right next to the existing Nissan dealership and the plethora of dealerships remaining in the downtown area
provide evidence that the land is not too costly.
For these reasons I believe the proposed Nissan dealership should not be approved. Please let me know how to send this
correspondence, or, if you are the proper person to receive this correspondence please transmit it to the appropriate
persons through the applicable process. Let me know if you will send this correspondence to the appropriate persons
and what any next steps will be.
Best regards,
Michael Liao
4.3.c
Packet Pg. 48 Attachment: 3. Public Comment (Kaiser Nissan 2nd Reading)
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendments to Consulting Services Agreements for On-Call Building and
Safety Services
Prepared by: Gregory A. Shreeve Sr., Chief Building Official
EXECUTIVE SUMMARY:
The City Council will consider approving amendments to the Consulting Services
Agreements for firms that provide contract services on an as needed basis to the
Building and Safety Division. The proposed amendments extend the term of the
agreements to June 30, 2021, and increase the compensation paid during the term of
the agreements.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendments to the Consulting Services Agreements
for On-Call Contract Building and Safety Services.
FINANCIAL IMPACT:
All charges will be in accordance with assigned on call work and charged to the Building
and Safety Division in accordance with the adopted budget.
DESCRIPTION:
The Building and Safety Division utilizes consultants on an as-needed basis to assist
Staff with specific areas of technical expertise and to assist with overflow work. This
includes plan check, inspections and building code compliance activities. These
consultants were selected through an open and competitive request for qualifications
process. The City Council authorized entering into Consulting Services Agreements
with these firms on July 19, 2016 (Resolution 132 -16). The term of services on these
agreements expires on June 30, 2019.
Staff proposes to amend the Consulting Services Agreement to extend the term of
services through June 30, 2021. Staff also proposes to amend these agreements to
increase the limit on the compensation paid to the consultants during the term of t hese
4.4
Packet Pg. 49
Page 2 of 2
agreements as noted in Table 1, and to modify the hourly reimbursement rates as
shown in Table 2. The Agreements are further amended to update the
nondiscrimination and equal opportunity clause, and to ensure that consultants remain
compliant with the requirements of the Health and Safety Code.
Table 1: Not to Exceed Limits
Consultant Current Not to Exceed Proposed Not to
Exceed
4Leaf, Inc. $5,500,000 $8,500,000
Shums Coda Associates $500,000 $500,000
TRB + Associates, Inc. $500,000 $750,000
West Coast Code Consultants
Inc.
$800,000* $1,000,000
*West Coast Code Consultants Inc. original not to exceed limit of $500,000 was
modified by the City Council in Resolution 34-18, Attachment 2.
Table 2: Hourly Rates
Consultant Position Current Rates Proposed Rates
Supervising Building Inspector $110 to $112 $115 to $120
Building Inspector III $95 to $103 $100 to $110
Building Inspector II $85 to $92 $95 to $100
Building Inspector I $80 to $82 $84 to $90
Building Inspector Trainee $62 to $70 $ 63 to $75
Plan Review (on or off site) $110 to $120 $120 to $135
Permit Technician New $80
Certified Access Specialist $5.00 $5.00
Overtime rate 150% of hourly rate 150% of hourly rate
A Resolution approving the amendments to the Consulting Services Agreement s is
included as Attachment 3 to this Staff Report.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Existing Consulting Services Agreements
2. Resolution 34-18 Approving First Amendment to Agreement with West Coast Code
Consultants
3. Resolution Approving Amendments to Consulting Services Agreements for On-Call
Contract Building and Safety Services
4. Exhibit A to Attachment 3, Consulting Services Agreement Amendments
4.4
Packet Pg. 50
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
4LEAF, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin
("City") and 4LEAF, Inc. ("Consultant") as of July 1, 2016.
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.
Consultant shall conform to the requirements of the Special Conditions attached as Exhibit C.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted
above and shall end on June 30, 2019, the date of completion specified in Exhibit
A, and Consultant shall complete the work described in Exhibit A prior to that
date, unless the term of the Agreement is otherwise terminated or extended, as
provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City's right to terminate
the Agreement, as provided for in Section 8.
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 the hourly sum set
forth in the Payment Schedule contained in Exhibit B, the total sum paid to Consultant shall not
to exceed $5,500,000, notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant's proposal,
Consulting Services Agreement between
City of Dublin and 4 LEAF, Inc.
July 1, 2016
Page 1 of 15
4.4.a
Packet Pg. 51 Attachment: 1. Existing Consulting Services Agreements (Amendments to Consulting Services Agreements for On-Call Building and Safety
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 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 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 ofhours 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.
Consulting Services Agreement between
City of Dublin and 4LEAF, Inc.
July 1, 2016
Page 2 of 15
4.4.a
Packet Pg. 52 Attachment: 1. Existing Consulting Services Agreements (Amendments to Consulting Services Agreements for On-Call Building and Safety
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to
City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant
pursuant to this Agreement. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Consultant in rendering services pursuant
to this Agreement. City shall make no payment for any extra, further, or
additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the
entire Agreement, unless the Agreement is modified prior to the submission of
such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not
exceed the amounts shown in the Payment Schedule, attached as Exhibit B:
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit
B. Expenses not listed in Exhibit Bare not chargeable to City. Reimbursable
expenses are included in the total amount of compensation provided under this
Agreement that shall not be exceeded.
2. 7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state
taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates
this Agreement pursuant to Section 8, the City shall compensate the Consultant
for all outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination.
Consultant shall maintain adequate logs and timesheets in order to verify costs
incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform
any services or incur any costs whatsoever under the terms of this Agreement
until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall,
at its sole cost and expense, provide all facilities and equipment that may be necessary to
Consulting Services Agreement between
City of Dublin and 4LEAF, Inc.
July 1, 2016
Page 3 of 15
4.4.a
Packet Pg. 53 Attachment: 1. Existing Consulting Services Agreements (Amendments to Consulting Services Agreements for On-Call Building and Safety
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 ofthe 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
Consulting Services Agreement between
City of Dublin and 4LEAF, Inc.
July 1, 2016
Page 4 of 15
4.4.a
Packet Pg. 54 Attachment: 1. Existing Consulting Services Agreements (Amendments to Consulting Services Agreements for On-Call Building and Safety
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
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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 policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages
are written on a claims-made form:
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a. The retroactive date of the policy must be shown and must be
before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement
or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that
precedes the date of this Agreement, Consultant must provide
extended reporting coverage for a minimum of five years after
completion of the Agreement or the work. The City shall have the
right to exercise, at the Consultant's sole cost and expense, any
extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
the City prior to the commencement of any work under this
Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be
placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required herein. The
certificates and endorsements for each insurance policy are to be signed by
a person authorized by that insurer to bind coverage on its behalf. The
City reserves the right to require complete, certified copies of all required
insurance policies and endorsements. Failure to exercise this right shall
not constitute a waiver of right to exercise later.
4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in
their subcontract the same requirements and provisions of this Agreement
including the Indemnification and Insurance requirements to the extent
they apply to the scope of the Subcontractor's work. Subcontractors hired
by Consultant agree to be bound to Consultant and the City in the same
manner and to the same extent as Consultant is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same
provisions with any Sub-subcontractor. A copy of the Owner Contract
Document Indemnity and Insurance provisions will be furnished to the
Subcontractor upon request. The General Contractor shall require all
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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;
• 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.
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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.
6.1
STATUS OF CONSULTANT.
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.
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6.2
Section 7.
7.1
7.2
7.3
7.4
7.5
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.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this
Agreement.
Compliance with Applicable Laws. Consultant and any subcontractors shall
comply with all laws applicable to the performance of the work hereunder.
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.
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, approvals and training 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.
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.
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Section 8.
8.1
TERMINATION AND MODIFICATION.
Termination. City may cancel this Agreement at any time and without cause
upon written notification to Consultant.
Consultant may cancel this Agreement upon ninety (90) 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 oftermination; City, however, may
condition payment of such compensation upon Consultant delivering to City any
or all documents, photographs, computer software, video and audio tapes, and
other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension
shall require a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City
shall have no obligation to provide Consultant with compensation beyond the
maximum amount provided for in this Agreement. Similarly, unless authorized
by the Contract Administrator, City shall have no obligation to reimburse
Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 · Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that
this Agreement contemplates personal performance by Consultant and is based
upon a determination of Consultant's unique personal competence, experience,
and specialized personal knowledge. Moreover, a substantial inducement to City
for entering into this Agreement was and is the professional reputation and
competence of Consultant. Consultant may not assign this Agreement or any
interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and
provided for herein, other than to the subcontractors noted in the proposal,
without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination of this Agreement.
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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:
Section 9.
9.1
9.2
9.3
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.
KEEPING AND STATUS OF RECORDS.
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.
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.
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
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8546.7, if the amount of public funds expended under this Agreement exceeds
TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of
any audit of the City, for a period of three (3) years after final payment under the
Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in
addition to any other relief to which that party may be entitled. The court may set
such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under
this Agreement, the parties agree that trial of such action shall be vested
exclusively in the state courts of California in the County Alameda or in the
United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is
available at equal or less cost than virgin paper.
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
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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
www. fppc. ca. gov /index. php ?id=5 00.
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:
Craig Tole
Director of Development Services
211 0 Rheem Drive
Suite A
Pleasanton, CA 94588
Any written notice to City shall be sent to:
City of Dublin
Attention: City Manager
100 Civic Plaza
Dublin, CA 94568
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10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
CITY OF DUBLIN
City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
c::~ ~-~~~~-
Jplih Bakker, City Attorney
Consulting Services Agreement between
City of Dublin and 4 LEAF, Inc.
CONSUt"'f:.<\NT
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EXHIBIT A
SCOPE OF SERVICES
1. BUILDING INSPECTION AND PLAN CHECK SERVICES. Consultant shall enforce
provisions of the City's Building, Residential, Electrical, Plumbing, Mechanical, Green
Building Standards, Universal Design, Energy and Housing Codes; The City of Dublin's
Zoning Code; and related State and local laws. Consultant shall make such inspections
and investigations as may be required to effect such enforcement and issue permits as I
are required by the City's Ordinances and duly adopted policies. Such enforcement shall
include the duties related to the Building Official, as assigned, as set forth in the Dublin
Municipal Code, and in the performance of such work the Consultant shall do the
following:
a. Plan Review. As directed by the Chief Building Official, review plans prepared
by or on behalf of applicants for compliance with the applicable Federal, State,
and City ordinances and regulations. Consultant shall maintain a close liaison
with City Planning Division Staff in order to insure that appropriate requirements
of the Zoning Ordinance are incorporated within the plans submitted.
Consultant will strive to complete the first plan check submitted within ten (1 0)
business days of notification of assignment of review by the City. The goal
agreed to by Consultant will be to complete 95% of all complete submittal within
the 10 day period. City recognizes that on large scale projects this may not be
possible and Consultant will strive for a plan review period that does not exceed
fifteen (15) days on large-scale projects. The Consultant SHALL notify the Chief
Building Official if the first plan check will not be completed within 10 business
days.
Consultant will strive to complete the second or subsequent plan check submitted
within five ( 5) business days of notification of assignment of review by the City.
The goal agreed to by Consultant will be to complete 95% of all complete
submittal within the 5 day period. City recognizes that on large scale projects this
may not be possible and Consultant will strive for a plan review period that does
not exceed ten (1 0) days on large-scale projects. The Consultant SHALL notify
the Chief Building Official if the first plan check will not be completed within 5
business days.
b. Building Inspection. Provide building inspection services during the course of
construction of facilities to enforce compliance with the provisions of applicable
laws including City Ordinances and regulations set forth on the plans for which
the permit is issued. In the performance of such duties, Consultant shall provide
prompt inspections for each project at the completion of various stages of
construction to determine compliance. Consultant shall provide City Manager
and I or designee with relevant background information on all assigned inspection
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personnel prior to assignment under this agreement. Consultant shall assign
competent personnel whose background, experience, applicable certifications, and
demeanor demonstrate an ability to conduct inspections of the type required under
this Agreement, in accordance with City standards. City Manager and I or
designee shall determine acceptability of assigned inspection personnel.
Consultant shall promptly identify alternate personnel in the event of a request by
the City Manager and I or designee.
In the event that Consultant request a change in the assigned inspection personnel,
Consultant shall bear the full cost of any training required to familiarize the
assigned personnel with the current status of projects in the City. At the
minimum, this shall include a one-week overlap with both inspectors. In the
event that an assigned inspector is absent for a period of greater than three
concurrent workdays, the Consultant will provide a qualified temporary
.replacement that is approved by the City.
c. ·Housing Code Enforcement. Under the direction of the Chief Building Official,
Consultant shall enforce the City's Housing Code by investigation of complaints
regarding substandard housing conditions and when necessary, prepare cases for
citation hearings, criminal proceedings in municipal court, and I or civil
abatement proceedings.
d. Presentations of Code Updates. In the event that the State of California adopts
revisions to any of the adopted codes during the term of this Agreement,
Consultant shall assist the Chief Building Official in preparing the staff report and
necessary ordinances in advance of the State mandatory implementation date.
e. Other Duties. Consultant shall perform other related activities as requested by the
City, including Building Official services. Fees for such services shall be
negotiated on an as-needed basis as approved by the City Manager or his/her
designee.
2. REPORTING I PUBLIC INFORMATION. Consultant shall be responsible for
coordination of monthly and annual reports summarizing activities undertaken pursuant
to this Agreement. Reports shall be in a format as mutually agreed by the City Manager
and/or designee. As required, Consultant may prepare staff reports for City Council,
including but not limited to review and adoption of related code updates. Consultant
shall also assist with the preparation of informational brochures designed to assist the
public with Building and Safety process.
3. COLLECTION OF FEES. All fees collected from permit applicants in connection with
the carrying out of the functions set forth in this Agreement shall be collected by the City.
If required, Consultant shall submit as appropriate, information and recommendations on
proposed City adjustments to the adopted fee schedules.
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4. LIMITATIONS (AVODANCE OF CONFLICTS). During the term of this Agreement,
Consultant shall not provide services to any client for a project that requires and approval
from the City.
Consulting Services Agreement between
City of Dublin and 4LEAF, Inc.--Exhibit A
July 1, 2016
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EXHIBITB
PAYMENT SCHEDULE
A. City shall pay Consultant for services rendered in accordance with the hourly rates stated
in section B. Consultant shall submit invoices, not more often than once per month,
based upon the work completed. At the sole discretion of the City, other payment
schedules may be considered. Invoices shall include an accounting of all hours by
classification and task. Invoices shall include the purchase order number, amount of
purchase order, amount of purchase order remaining, and total hours of augmentation
personnel assigned to the City covered by purchase order. The format documentation
included on the invoice shall be subject to approval by the City Manager and I or
designee.
B. HOURLY RATES:
The following rates include all reimbursable or indirect costs, including but not limited to
business cards, all required code books and references, a vehicle and mobile field device
(smart phone or laptop) compatible with the City's permitting system.
1. Supervising Building Inspector
(Includes oversight of Contract
Inspectors, monitoring of Inspections
demand and a knowledge I certification
in commercial /multi-family and single
family building systems. May include
plan checking assignments)
2. Building Inspector III
(Includes knowledge I certification in
commercial /multi-family and single
family building systems including
structural, mechanical, plumbing, and
electrical systems. May include plan
checking of non-structural plans.)
3. Building Inspector II
(Includes knowledge I certification in
residential building systems including
structural, mechanical, plumbing, and
electrical systems. May include plan
checking of non-structural plans.)
Consulting Services Agreement between
City of Dublin and 4LEAF, Inc.--Exhibit B
$112
$103
$92
July 1, 2016
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4. Building Inspector I
(Includes inspections of residential
buildings)
5. Building Inspector Trainee
(Includes training or entry level
inspections of residential buildings)
6. Plan Review (on or off site)
(Includes accessibility plan review
meeting State standards)
7. Certified Access Specialist-
Augmentation Inspector
(An hourly surcharge is permitted for
each Building Inspector rate listed in this
Exhibit that holds an active CASp
certification)
8. Overtime rate
(When pre-approved in writing from
Contract Administrator or designee)
Consulting Services Agreement between
City of Dublin and 4LEAF, Inc.--Exhibit B
$82
$62
$120
$5
150% of Above Hourly Rates
July 1, 2016
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EXHIBIT C
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agreement by and between COMPANY
(Consultant) and City of Dublin (City):
ASSIGNED PERSONNEL I SUB CONTRACTORS.
The following terms and conditions are hereby agreed to by Consultant prior to the assignment
of personnel or use by Consultant of subcontractors.
a. Submittal to City Manager. The name, background and experience of any and every
firm or individual to which any work outlined in this Agreement is to be performed
must be submitted to the City Manager and I or designee for prior approval.
b. Consultant Liable for Work of Subcontractors. Approval by the City Manager of a
subcontractor shall not relieve Consultant of any liability for the work to be
performed pursuant to this Agreement, nor shall such approval infer any contractual
relationship between City and any subcontractor.
EMERGENCY OPERATIONS ASSISTANCE.
The following terms and conditions are hereby agreed to by Consultant in the event of a local or
regional emergency:
a. Report into the City of Dublin Emergency Operations Center (E.O.C.). Contract
personnel assigned to the City will make a reasonable effort to report to the City of
Dublin E.O.C. as soon as possible following a local or regional emergency.
b. Consultant shall provide emergency preparedness training. All contract personnel
assigned to the City shall maintain at all times appropriate emergency training and
certification, such as ATC-20 Damage Assessment Training and Certification.
c. The Consultant shall make contract personnel and Consultant resources available for
emergency response at the same hourly rates and conditions specified in this contract.
d. The Consultant acknowledges that emergency response work may require variations
in the work hours and assignments.
Consulting Services Agreement between
City of Dublin and 4LEAF, Inc.--Exhibit C
July 1, 2016
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
SHUMS CODA ASSOCIATES
THIS AGREEMENT for consulting services is made by and between the City of Dublin
("City") and Shums Coda Associates ("Consultant") as of July 1, 2016.
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.
Consultant shall conform to the requirements of the Special Conditions attached as Exhibit C.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted
above and shall end on June 30, 2019, the date of completion specified in Exhibit
A, and Consultant shall complete the work described in Exhibit A prior to that
date, unless the term of the Agreement is otherwise terminated or extended, as
provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City's right to terminate
the Agreement, as provided for in Section 8.
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 the hourly sum set
forth in the Payment Schedule contained in Exhibit B, the total sum paid to Consultant shall not
to exceed $500,000, notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant's proposal,
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July 1, 2016
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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 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 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.
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July 1, 2016
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2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty ( 60) days after completion of the services and submittal to
City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant
pursuant to this Agreement. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Consultant in rendering services pursuant
to this Agreement. City shall make no payment for any extra, further, or
additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the
entire Agreement, unless the Agreement is modified prior to the submission of
such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not
exceed the amounts shown in the Payment Schedule, attached as Exhibit B:
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit
B. Expenses not listed in Exhibit Bare not chargeable to City. Reimbursable
expenses are included in the total amount of compensation provided under this
Agreement that shall not be exceeded.
2. 7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state
taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates
this Agreement pursuant to Section 8, the City shall compensate the Consultant
for all outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination.
Consultant shall maintain adequate logs and timesheets in order to verify costs
incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform
any services or incur any costs whatsoever under the terms of this Agreement
until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall,
at its sole cost and expense, provide all facilities and equipment that may be necessary to
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July 1, 2016
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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 CO 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
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July 1, 2016
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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
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July 1, 2016
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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 policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages
are written on a claims-made form:
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July 1, 2016
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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 ofthe 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
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July 1, 2016
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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;
• 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.
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July 1, 2016
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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.
6.1
STATUS OF CONSULTANT.
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.
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6.2
Section 7.
7.1
7.2
7.3
7.4
7.5
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.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this
Agreement.
Compliance with Applicable Laws. Consultant and any subcontractors shall
comply with all laws applicable to the performance of the work hereunder.
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.
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, approvals and training 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.
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.
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Section 8.
8.1
TERMINATION AND MODIFICATION.
Termination. City may cancel this Agreement at any time and without cause
upon written notification to Consultant.
Consultant may cancel this Agreement upon ninety (90) days' written notice to
City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; City, however, may
condition payment of such compensation upon Consultant delivering to City any
or all documents, photographs, computer software, video and audio tapes, and
other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension
shall require a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City
shall have no obligation to provide Consultant with compensation beyond the
maximum amount provided for in this Agreement. Similarly, unless authorized
by the Contract Administrator, City shall have no obligation to reimburse
Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that
this Agreement contemplates personal performance by Consultant and is based
upon a determination of Consultant's unique personal competence, experience,
and specialized personal knowledge. Moreover, a substantial inducement to City
for entering into this Agreement was and is the professional reputation and
competence of Consultant. Consultant may not assign this Agreement or any
interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and
provided for herein, other than to the subcontractors noted in the proposal,
without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination of this Agreement.
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July 1, 2016
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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:
Section 9.
9.1
9.2
9.3
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.
KEEPING AND STATUS OF RECORDS.
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.
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.
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
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8546.7, if the amount of public funds expended under this Agreement exceeds
TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of
any audit of the City, for a period of three (3) years after final payment under the
Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in
addition to any other relief to which that party may be entitled. The court may set
such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under
this Agreement, the parties agree that trial of such action shall be vested
exclusively in the state courts of California in the County Alameda or in the
United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is
available at equal or less cost than virgin paper.
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
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July 1, 2016
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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 pmiicipate 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
www.fppc.ca.gov/index.php?id=500.
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:
David Basinger, AlA
Principal
5776 Stoneridge Mall Road
Suite 150
Pleasanton, CA 94588
Any written notice to City shall be sent to:
City of Dublin
Attention: City Manager
100 Civic Plaza
Dublin, CA 94568
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July 1, 2016
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10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
CITY OF DUBLIN
istopher L. Fos
City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
Consulting Services Agreement between
City of Dublin and Shums Coda Associates
CONSULTANT
David Basinger, AlA
Principal
July 1, 2016
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EXHIBIT A
SCOPE OF SERVICES
1. BUILDING INSPECTION AND PLAN CHECK SERVICES. Consultant shall enforce
provisions ofthe City's Building, Residential, Electrical, Plumbing, Mechanical, Green
Building Standards, Universal Design, Energy and Housing Codes; The City of Dublin's
Zoning Code; and related State and local laws. Consultant shall make such inspections
and investigations as may be required to effect such enforcement and issue permits as I
are required by the City's Ordinances and duly adopted policies. Such enforcement shall
include the duties related to the Building Official, as assigned, as set forth in the Dublin
Municipal Code, and in the performance of such work the Consultant shall do the
following:
a. Plan Review. As directed by the Chief Building Official, review plans prepared
by or on behalf of applicants for compliance with the applicable Federal, State,
and City ordinances and regulations. Consultant shall maintain a close liaison
with City Planning Division Staff in order to insure that appropriate requirements
of the Zoning Ordinance are incorporated within the plans submitted.
Consultant will strive to complete the first plan check submitted within ten (1 0)
business days of notification of assignment of review by the City. The goal
agreed to by Consultant will be to complete 95% of all complete submittal within
the 10 day period. City recognizes that on large scale projects this may not be
possible and Consultant will strive for a plan review period that does not exceed
fifteen (15) days on large-scale projects. The Consultant SHALL notify the Chief
Building Official if the first plan check will not be completed within 10 business
days.
Consultant will strive to complete the second or subsequent plan check submitted
within five (5) business days of notification of assignment of review by the City.
The goal agreed to by Consultant will be to complete 95% of all complete
submittal within the 5 day period. City recognizes that on large scale projects this
may not be possible and Consultant will strive for a plan review period that does
not exceed ten (10) days on large-scale projects. The Consultant SHALL notify
the Chief Building Official if the first plan check will not be completed within 5
business days.
b. Building Inspection. Provide building inspection services during the course of
construction of facilities to enforce compliance with the provisions of applicable
laws including City Ordinances and regulations set forth on the plans for which
the permit is issued. In the performance of such duties, Consultant shall provide
prompt inspections for each project at the completion of various stages of
construction to determine compliance. Consultant shall provide City Manager
and I or designee with relevant background information on all assigned inspection
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personnel prior to assignment under this agreement. Consultant shall assign
competent personnel whose background, experience, applicable certifications, and
demeanor demonstrate an ability to conduct inspections of the type required under
this Agreement, in accordance with City standards. City Manager and I or
designee shall determine acceptability of assigned inspection personnel.
Consultant shall promptly identify alternate personnel in the event of a request by
the City Manager and I or designee.
In the event that Consultant request a change in the assigned inspection personnel,
Consultant shall bear the full cost of any training required to familiarize the
assigned personnel with the current status of projects in the City. At the
minimum, this shall include a one-week overlap with both inspectors. In the
event that an assigned inspector is absent for a period of greater than three
concurrent workdays, the Consultant will provide a qualified temporary
replacement that is approved by the City.
c. Housing Code Enforcement. Under the direction of the Chief Building Official,
Consultant shall enforce the City's Housing Code by investigation of complaints
regarding substandard housing conditions and when necessary, prepare cases for
citation hearings, criminal proceedings in municipal court, and I or civil
abatement proceedings.
d. Presentations of Code Updates. In the event that the State of California adopts
revisions to any of the adopted codes during the term of this Agreement,
Consultant shall assist the Chief Building Official in preparing the staff report and
necessary ordinances in advance of the State mandatory implementation date.
e. Other Duties. Consultant shall perform other related activities as requested by the
City, including Building Official services. Fees for such services shall be
negotiated on an as-needed basis as approved by the City Manager or his/her
designee.
2. REPORTING I PUBLIC INFORMATION. Consultant shall be responsible for
coordination of monthly and annual reports summarizing activities undertaken pursuant
to this Agreement. Reports shall be in a format as mutually agreed by the City Manager
and/or designee. As required, Consultant may prepare staff reports for City Council,
including but not limited to review and adoption of related code updates. Consultant
shall also assist with the preparation of informational brochures designed to assist the
public with Building and Safety process.
3. COLLECTION OF FEES. All fees collected from permit applicants in connection with
the carrying out of the functions set forth in this Agreement shall be collected by the City.
If required, Consultant shall submit as appropriate, information and recommendations on
proposed City adjustments to the adopted fee schedules.
Consulting Services Agreement between
City of Dublin and Shums Coda Associates--Exhibit A
July 1, 2016
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4. LIMITATIONS (AVODANCE OF CONFLICTS). During the term ofthis Agreement,
Consultant shall not provide services to any client for a project that requires and approval
from the City.
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July 1,2016
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EXHIBITB
PAYMENT SCHEDULE
A. City shall pay Consultant for services rendered in accordance with the hourly rates stated
in section B. Consultant shall submit invoices, not more often than once per month,
based upon the work completed. At the sole discretion of the City, other payment
schedules may be considered. Invoices shall include an accounting of all hours by
classification and task. Invoices shall include the purchase order number, amount of
purchase order, amount of purchase order remaining, and total hours of augmentation
personnel assigned to the City covered by purchase order. The format documentation
included on the invoice shall be subject to approval by the City Manager and I or
designee.
B. HOURLYRATES:
The following rates include all reimbursable or indirect costs, including but not limited to
business cards, all required code books and references, a vehicle and mobile field device
(smart phone or laptop) compatible with the City's permitting system.
1. Supervising Building Inspector
(Includes oversight of Contract
Inspectors, monitoring of Inspections
demand and a knowledge I certification
in commercial/multi-family and single
family building systems. May include
plan checking assignments)
2. Building Inspector III
(Includes knowledge I certification in
commercial/multi-family and single
family building systems including
structural, mechanical, plumbing, and
electrical systems. May include plan
checking of non-structural plans.)
3. Building Inspector II
(Includes knowledge I certification in
residential building systems including
structural, mechanical, plumbing, and
electrical systems. May include plan
checking of non-structural plans.)
Consulting Services Agreement between
City of Dublin and Shums Coda Associates --Exhibit B
$110
$95
$90
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4. Building Inspector I $80
(Includes inspections of residential
buildings)
5. Building Inspector Trainee $70
(Includes training or entry level
inspections of residential buildings)
6. Plan Review (on or off site) $110
(Includes accessibility plan review
meeting State standards)
7. Certified Access Specialist -$5
Augmentation Inspector
(An hourly surcharge is permitted for
each Building Inspector rate listed in this
Exhibit that holds an active CASp
certification)
8. Overtime rate 150% of Above Hourly Rates
(When pre-approved in writing from
Contract Administrator or designee)
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City of Dublin and Shums Coda Associates --Exhibit B
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EXHIBIT C
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agreement by and between COMPANY
(Consultant) and City of Dublin (City):
ASSIGNED PERSONNEL I SUB CONTRACTORS.
The following terms and conditions are hereby agreed to by Consultant prior to the assignment
of personnel or use by Consultant of subcontractors.
a. Submittal to City Manager. The name, background and experience of any and every
firm or individual to which any work outlined in this Agreement is to be performed
must be submitted to the City Manager and I or designee for prior approval.
b. Consultant Liable for Work of Subcontractors. Approval by the City Manager of a
subcontractor shall not relieve Consultant of any liability for the work to be
performed pursuant to this Agreement, nor shall such approval infer any contractual
relationship between City and any subcontractor.
EMERGENCY OPERATIONS ASSISTANCE.
The following terms and conditions are hereby agreed to by Consultant in the event of a local or
regional emergency:
a. Report into the City of Dublin Emergency Operations Center (E.O.C.). Contract
personnel assigned to the City will make a reasonable effort to report to the City of
Dublin E.O.C. as soon as possible following a local or regional emergency.
b. Consultant shall provide emergency preparedness training. All contract personnel
assigned to the City shall maintain at all times appropriate emergency training and
certification, such as ATC-20 Damage Assessment Training and Certification.
c. The Consultant shall make contract personnel and Consultant resources available for
emergency response at the same hourly rates and conditions specified in this contract.
d. The Consultant acknowledges that emergency response work may require variations
in the work hours and assignments.
Consulting Services Agreement between
City of Dublin and Shums Coda Associates --Exhibit C
July 1, 2016
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
TRB + ASSOCIATES, IN C.
THIS AGREEMENT for consulting services is made by and between the City of Dublin
("City") and TRB + Associates, Inc. ("Consultant") as of July 1, 2016.
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.
Consultant shall conform to the requirements of the Special Conditions attached as Exhibit C.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted
above and shall end on June 30, 2019, the date of completion specified in Exhibit
A, and Consultant shall complete the work described in Exhibit A prior to that
date, unless the term of the Agreement is otherwise terminated or extended, as
provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City's right to terminate
the Agreement, as provided for in Section 8.
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 the hourly sum set
forth in the Payment Schedule contained in Exhibit B, the total sum paid to Consultant shall not
to exceed $500,000, notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant's proposal,
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July 1, 2016
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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 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
incuned 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 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 .
Consulting Services Agreement between
City of Dublin and TRB + Associates, Inc.
July 1, 2016
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2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to
City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant
pursuant to this Agreement. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Consultant in rendering services pursuant
to this Agreement. City shall make no payment for any extra, further, or
additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the
entire Agreement, unless the Agreement is modified prior to the submission of
such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not
exceed the amounts shown in the Payment Schedule, attached as Exhibit B:
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit
B. Expenses not listed in Exhibit Bare not chargeable to City. Reimbursable
expenses are included in the total amount of compensation provided under this
Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state
taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates
this Agreement pursuant to Section 8, the City shall compensate the Consultant
for all outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination.
Consultant shall maintain adequate logs and timesheets in order to verify costs
incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform
any services or incur any costs whatsoever under the terms of this Agreement
until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall,
at its sole cost and expense, provide all facilities and equipment that may be necessary to
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July 1, 2016
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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 and Employer's Liability
Insurance shall be provided with limits of not less than ONE MILLION
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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 ofwhether 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 ofthe 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
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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 policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages
are written on a claims-made form:
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a. The retroactive date of the policy must be shown and must be
before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement
or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that
precedes the date of this Agreement, Consultant must provide
extended reporting coverage for a minimum of five years after
completion of the Agreement or the work. The City shall have the
right to exercise, at the Consultant's sole cost and expense, any
extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
the City prior to the commencement of any work under this
Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be
placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required herein. The
certificates and endorsements for each insurance policy are to be signed by
a person authorized by that insurer to bind coverage on its behalf. The
City reserves the right to require complete, certified copies of all required
insurance policies and endorsements. Failure to exercise this right shall
not constitute a waiver of right to exercise later.
4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in
their subcontract the same requirements and provisions of this Agreement
including the Indemnification and Insurance requirements to the extent
they apply to the scope of the Subcontractor's work. Subcontractors hired
by Consultant agree to be bound to Consultant and the City in the same
manner and to the same extent as Consultant is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same
provisions with any Sub-subcontractor. A copy of the Owner Contract
Document Indemnity and Insurance provisions will be furnished to the
Subcontractor upon request. The General Contractor shall require all
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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;
• 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.
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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 comi of competent jurisdiction or the
California Public Employees Retirement System (PERS) to be eligible for emollment 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.
6.1
STATUS OF CONSULTANT.
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 emoll 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.
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6.2
Section 7.
7.1
7.2
7.3
7.4
7.5
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.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this
Agreement.
Compliance with Aoolicable Laws. Consultant and any subcontractors shall
comply with all laws applicable to the performance of the work hereunder.
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.
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, approvals and training 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.
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.
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Section 8.
8.1
TERMINATION AND MODIFICATION.
Termination. City may cancel this Agreement at any time and without cause
upon written notification to Consultant.
Consultant may cancel this Agreement upon ninety (90) days' written notice to
City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; City, however, may
condition payment of such compensation upon Consultant delivering to City any
or all documents, photographs, computer software, video and audio tapes, and
other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension
shall require a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City
shall have no obligation to provide Consultant with compensation beyond the
maximum amount provided for in this Agreement. Similarly, unless authorized
by the Contract Administrator, City shall have no obligation to reimburse
Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that
this Agreement contemplates personal performance by Consultant and is based
upon a determination of Consultant's unique personal competence, experience,
and specialized personal knowledge. Moreover, a substantial inducement to City
for entering into this Agreement was and is the professional reputation and
competence of Consultant. Consultant may not assign this Agreement or any
interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and
provided for herein, other than to the subcontractors noted in the proposal,
without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination of this Agreement.
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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:
Section 9.
9.1
9.2
9.3
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.
KEEPING AND STATUS OF RECORDS.
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.
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.
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
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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 patiies agree that trial of such action shall be vested
exclusively in the state courts of California in the County Alameda or in the
United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is
available at equal or less cost than virgin paper.
10.7 Conflict oflnterest. 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
81 000 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
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in this Agreement that would violate California Government Code Sections 1 090
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
www.fppc.ca.gov/index.php?id=500.
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:
Todd Bailey, PE, LEED AP, CASp, MBA
Principal-in -Charge
3180 Crow Canyon Place
Suite 216
San Ramon, CA 94583
Any written notice to City shall be sent to:
City of Dublin
Attention: City Manager
1 00 Civic Plaza
Dublin, CA 94568
Consulting Services Agreement between
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10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
CITY OF DUBLIN
·stop her L. Foss
City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
--~~
Joj;.R13ald<er, City Attorney
"'
~·-·
Consulting Services Agreement between
City of Dublin and TRB + Associates, Inc.
CONSULTANT
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EXHIBIT A
SCOPE OF SERVICES
1. BUILDING INSPECTION AND PLAN CHECK SERVICES. Consultant shall enforce
provisions ofthe City's Building, Residential, Electrical, Plumbing, Mechanical, Green
Building Standards, Universal Design, Energy and Housing Codes; The City of Dublin's
Zoning Code; and related State and local laws. Consultant shall make such inspections
and investigations as may be required to effect such enforcement and issue permits as I
are required by the City's Ordinances and duly adopted policies. Such enforcement shall
include the duties related to the Building Official, as assigned, as set forth in the Dublin
Municipal Code, and in the performance of such work the Consultant shall do the
following:
a. Plan Review. As directed by the Chief Building Official, review plans prepared
by or on behalf of applicants for compliance with the applicable Federal, State,
and City ordinances and regulations. Consultant shall maintain a close liaison
with City Planning Division Staff in order to insure that appropriate requirements
ofthe Zoning Ordinance are incorporated within the plans submitted.
Consultant will strive to complete the first plan check submitted within ten (1 0)
business days of notification of assignment of review by the City. The goal
agreed to by Consultant will be to complete 95% of all complete submittal within
the 10 day period. City recognizes that on large scale projects this may not be
possible and Consultant will strive for a plan review period that does not exceed
fifteen (15) days on large-scale projects. The Consultant SHALL notify the Chief
Building Official if the first plan check will not be completed within 1 0 business
days.
Consultant will strive to complete the second or subsequent plan check submitted
within five (5) business days of notification of assignment of review by the City.
The goal agreed to by Consultant will be to complete 95% of all complete
submittal within the 5 day period. City recognizes that on large scale projects this
may not be possible and Consultant will strive for a plan review period that does
not exceed ten (1 0) days on large-scale projects. The Consultant SHALL notify
the Chief Building Official if the first plan check will not be completed within 5
business days.
b. Building Inspection. Provide building inspection services during the course of
construction of facilities to enforce compliance with the provisions of applicable
laws including City Ordinances and regulations set forth on the plans for which
the permit is issued. In the performance of such duties, Consultant shall provide
prompt inspections for each project at the completion of various stages of
construction to determine compliance. Consultant shall provide City Manager
and I or designee with relevant background information on all assigned inspection
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personnel prior to assignment under this agreement. Consultant shall assign
competent personnel whose background, experience, applicable certifications, and
demeanor demonstrate an ability to conduct inspections of the type required under
this Agreement, in accordance with City standards. City Manager and I or
designee shall determine acceptability of assigned inspection personnel.
Consultant shall promptly identify alternate personnel in the event of a request by
the City Manager and I or designee.
In the event that Consultant request a change in the assigned inspection personnel,
Consultant shall bear the full cost of any training required to familiarize the
assigned personnel with the current status of projects in the City. At the
minimum, this shall include a one-week overlap with both inspectors. In the
event that an assigned inspector is absent for a period of greater than three
concurrent workdays, the Consultant will provide a qualified temporary
replacement that is approved by the City.
c. Housing Code Enforcement. Under the direction of the Chief Building Official,
Consultant shall enforce the City's Housing Code by investigation of complaints
regarding substandard housing conditions and when necessary, prepare cases for
citation hearings, criminal proceedings in municipal court, and I or civil
abatement proceedings.
d. Presentations of Code Updates. In the event that the State of California adopts
revisions to any of the adopted codes during the term of this Agreement,
Consultant shall assist the Chief Building Official in preparing the staff report and
necessary ordinances in advance of the State mandatory implementation date.
e. Other Duties. Consultant shall perform other related activities as requested by the
City, including Building Official services. Fees for such services shall be
negotiated on an as-needed basis as approved by the City Manager or his/her
designee.
2. REPORTING I PUBLIC INFORMATION. Consultant shall be responsible for
coordination of monthly and annual reports summarizing activities undertaken pursuant
to this Agreement. Reports shall be in a format as mutually agreed by the City Manager
and/or designee. As required, Consultant may prepare staff reports for City Council,
including but not limited to review and adoption of related code updates. Consultant
shall also assist with the preparation of informational brochures designed to assist the
public with Building and Safety process.
3. COLLECTION OF FEES. All fees collected from permit applicants in connection with
the carrying out of the functions set forth in this Agreement shall be collected by the City.
If required, Consultant shall submit as appropriate, information and recommendations on
proposed City adjustments to the adopted fee schedules.
Consulting Services Agreement between
City of Dublin and TRB +Associates Inc.--Exhibit A
July 1, 2016
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4. LIMITATIONS (AVODANCE OF CONFLICTS). During the term ofthis Agreement,
Consultant shall not provide services to any client for a project that requires and approval
from the City.
Consulting Services Agreement between
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July 1, 2016
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EXHIBIT B
PAYMENT SCHEDULE
A. City shall pay Consultant for services rendered in accordance with the hourly rates stated
in section B. Consultant shall submit invoices, not more often than once per month,
based upon the work completed. At the sole discretion of the City, other payment
schedules may be considered. Invoices shall include an accounting of all hours by
classification and task. Invoices shall include the purchase order number, amount of
purchase order, amount of purchase order remaining, and total hours of augmentation
personnel assigned to the City covered by purchase order. The format documentation
included on the invoice shall be subject to approval by the City Manager and I or
designee.
B. HOURLYRATES:
The following rates include all reimbursable or indirect costs, including but not limited to
business cards, all required code books and references, a vehicle and mobile field device
(smart phone or laptop) compatible with the City's permitting system.
1. Supervising Building Inspector
(Includes oversight of Contract
Inspectors, monitoring of Inspections
demand and a knowledge I certification
in commercial /multi-family and single
family building systems. May include
plan checking assignments)
2. Building Inspector III
(Includes knowledge I certification in
commercial /multi-family and single
family building systems including
structural, mechanical, plumbing, and
electrical systems. May include plan
checking of non-structural plans.)
3. Building Inspector II
(Includes knowledge I certification in
residential building systems including
structural, mechanical, plumbing, and
electrical systems. May include plan
checking of non-structural plans.)
Consulting Services Agreement between
City of Dublin and TRB +Associates Inc.--Exhibit B
$110
$103
$92
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4. Building Inspector I
(Includes inspections of residential
buildings)
5. Building Inspector Trainee
(Includes training or entry level
inspections of residential buildings)
6. Plan Review (on or off site)
(Includes accessibility plan review
meeting State standards)
7. Certified Access Specialist-
Augmentation Inspector
(An hourly surcharge is permitted for
each Building Inspector rate listed in this
Exhibit that holds an active CASp
certification)
8. Overtime rate
(When pre-approved in writing from
Contract Administrator or designee)
Consulting Services Agreement between
City of Dublin and TRB +Associates Inc.--Exhibit B
$82
$65
$120
$5
150% of Above Hourly Rates
July 1, 2016
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EXHIBITC
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agreement by and between COMPANY
(Consultant) and City of Dublin (City):
ASSIGNED PERSONNEL I SUB CONTRACTORS.
The following terms and conditions are hereby agreed to by Consultant prior to the assignment
of personnel or use by Consultant of subcontractors.
a. Submittal to City Manager. The name, background and experience of any and every
firm or individual to which any work outlined in this Agreement is to be performed
must be submitted to the City Manager and I or designee for prior approval.
b. Consultant Liable for Work of Subcontractors. Approval by the City Manager of a
subcontractor shall not relieve Consultant of any liability for the work to be
performed pursuant to this Agreement, nor shall such approval infer any contractual
relationship between City and any subcontractor.
EMERGENCY OPERATIONS ASSISTANCE.
The following terms and conditions are hereby agreed to by Consultant in the event of a local or
regional emergency:
a. Report into the City of Dublin Emergency Operations Center (E.O.C.). Contract
personnel assigned to the City will make a reasonable effort to report to the City of
Dublin E.O.C. as soon as possible following a local or regional emergency.
b. Consultant shall provide emergency preparedness training. All contract personnel
assigned to the City shall maintain at all times appropriate emergency training and
certification, such as ATC-20 Damage Assessment Training and Certification.
c. The Consultant shall make contract personnel and Consultant resources available for
emergency response at the same hourly rates and conditions specified in this contract.
d. The Consultant acknowledges that emergency response work may require variations
in the work hours and assignments.
Consulting Services Agreement between
City of Dublin and TRB +Associates Inc.--Exhibit C
July 1, 2016
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
WEST COAST CODE CONSULTANTS, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin
("City") and West Coast Code Consultants, Inc. ("Consultant") as of July 1, 2016.
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.
Consultant shall conform to the requirements of the Special Conditions attached as Exhibit C.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted
above and shall end on June 30, 2019, the date of completion specified in Exhibit
A, and Consultant shall complete the work described in Exhibit A prior to that
date, unless the term of the Agreement is otherwise terminated or extended, as
provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City's right to terminate
the Agreement, as provided for in Section 8.
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 the hourly sum set
forth in the Payment Schedule contained in Exhibit B, the total sum paid to Consultant shall not
to exceed$ 500,000, notwithstanding any contrary indications that may be contained in
Consultant's proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant's proposal,
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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 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 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.
Consulting Services Agreement between
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July 1, 2016
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2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to
City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant
pursuant to this Agreement. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Consultant in rendering services pursuant
to this Agreement. City shall make no payment for any extra, further, or
additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the
entire Agreement, unless the Agreement is modified prior to the submission of
such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not
exceed the amounts shown in the Payment Schedule, attached as Exhibit B:
2.6 Reimbursable Expenses. Reimbursable expenses, if any, are set forth in Exhibit
B. Expenses not listed in Exhibit Bare not chargeable to City. Reimbursable
expenses are included in the total amount of compensation provided under this
Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state
taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates
this Agreement pursuant to Section 8, the City shall compensate the Consultant
for all outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination.
Consultant shall maintain adequate logs and timesheets in order to verify costs
incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform
any services or incur any costs whatsoever under the terms of this Agreement
until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall,
at its sole cost and expense, provide all facilities and equipment that may be necessary to
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July 1, 2016
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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 and Employer's Liability
Insurance shall be provided with limits of not less than ONE MILLION
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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 ofthe
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
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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 CONSULT ANT 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 policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages
are written on a claims-made form:
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a. The retroactive date of the policy must be shown and must be
before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement
or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that
precedes the date of this Agreement, Consultant must provide
extended reporting coverage for a minimum of five years after
completion of the Agreement or the work. The City shall have the
right to exercise, at the Consultant's sole cost and expense, any
extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
the City prior to the commencement of any work under this
Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be
placed with insurers with a Bests' rating of no less than A: VII.
4.4.2 Verification of coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required herein. The
certificates and endorsements for each insurance policy are to be signed by
a person authorized by that insurer to bind coverage on its behalf. The
City reserves the right to require complete, ·certified copies of all required
insurance policies and endorsements. Failure to exercise this right shall
not constitute a waiver of right to exercise later.
4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in
their subcontract the same requirements and provisions of this Agreement
including the Indemnification and Insurance requirements to the extent
they apply to the scope of the Subcontractor's work. Subcontractors hired
by Consultant agree to be bound to Consultant and the City in the same
manner and to the same extent as Consultant is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same
provisions with any Sub-subcontractor. A copy of the Owner Contract
Document Indemnity and Insurance provisions will be furnished to the
Subcontractor upon request. The General Contractor shall require all
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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;
• 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.
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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.
6.1
STATUS OF CONSULTANT.
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.
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6.2
Section 7.
7.1
7.2
7.3
7.4
7.5
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.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this
Agreement.
Compliance with Applicable Laws. Consultant and any subcontractors shall
comply with all laws applicable to the performance of the work hereunder.
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.
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, approvals and training 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.
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.
Consulting Services Agreement between July 1, 2016
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Section 8.
8.1
TERMINATION AND MODIFICATION.
Termination. City may cancel this Agreement at any time and without cause
upon written notification to Consultant.
Consultant may cancel this Agreement upon ninety (90) days' written notice to
City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; City, however, may
condition payment of such compensation upon Consultant delivering to City any
or all documents, photographs, computer software, video and audio tapes, and
other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension
shall require a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City
shall have no obligation to provide Consultant with compensation beyond the
maximum amount provided for in this Agreement. Similarly, unless authorized
by the Contract Administrator, City shall have no obligation to reimburse
Consultant for any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed
by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that
this Agreement contemplates personal performance by Consultant and is based
upon a determination of Consultant's unique personal competence, experience,
and specialized personal knowledge. Moreover, a substantial inducement to City
for entering into this Agreement was and is the professional reputation and
competence of Consultant. Consultant may not assign this Agreement or any
interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and
provided for herein, other than to the subcontractors noted in the proposal,
without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and
all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination of this Agreement.
Consulting Services Agreement between
City of Dublin and West Coast Code Consultants
July 1, 2016
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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:
Section 9.
9.1
9.2
9.3
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.
KEEPING AND STATUS OF RECORDS.
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.
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.
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
Consulting Services Agreement between July 1, 2016
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8546.7, if the amount of public funds expended under this Agreement exceeds
TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of
any audit of the City, for a period of three (3) years after final payment under the
Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in
addition to any other relief to which that party may be entitled. The court may set
such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under
this Agreement, the parties agree that trial of such action shall be vested
exclusively in the state courts of California in the County Alameda or in the
United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision
of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in
whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or
any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports,
written studies and other printed material on recycled paper to the extent it is
available at equal or less cost than virgin paper.
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
81 000 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
Consulting Services Agreement between
City of Dublin and West Coast Code Consultants
July 1, 2016
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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
www.fppc.ca.gov/index.php?id=500.
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:
Giyan Senaratne, PE, SE, LEED AP, CASp
Principal I CEO
2400 Camino Ramon
Suite 240
San Ramon, CA 94583
Any written notice to City shall be sent to:
City of Dublin
Attention: City Manager
100 Civic Plaza
Dublin, CA 94568
Consulting Services Agreement between
City of Dublin and West Coast Code Consultants
July 1, 2016
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10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
CITY OF DUBLIN
City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
~ -::;;??--~-" /-
~ Baldcer, City Attorney
Consulting Services Agreement between
City of Dublin and West Coast Code Consultants
CONSULTANT
ra ne, PE, SE, LEED AP, CASp
/CEO
July 1, 2016
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EXHIBIT A
SCOPE OF SERVICES
1. BUILDING INSPECTION AND PLAN CHECK SERVICES. Consultant shall enforce
provisions ofthe City's Building, Residential, Electrical, Plumbing, Mechanical, Green
Building Standards, Universal Design, Energy and Housing Codes; The City of Dublin's
Zoning Code; and related State and local laws. Consultant shall make such inspections
and investigations as may be required to effect such enforcement and issue permits as I
are required by the City's Ordinances and duly adopted policies. Such enforcement shall
include the duties related to the Building Official, as assigned, as set fmih in the Dublin
Municipal Code, and in the performance of such work the Consultant shall do the
following:
a. Plan Review. As directed by the Chief Building Official, review plans prepared
by or on behalf of applicants for compliance with the applicable Federal, State,
and City ordinances and regulations. Consultant shall maintain a close liaison
with City Planning Division Staff in order to insure that appropriate requirements
ofthe Zoning Ordinance are incorporated within the plans submitted.
Consultant will strive to complete the first plan check submitted within ten (1 0)
business days of notification of assignment of review by the City. The goal
agreed to by Consultant will be to complete 95% of all complete submittal within
the 10 day period. City recognizes that on large scale projects this may not be
possible and Consultant will strive for a plan review period that does not exceed
fifteen (15) days on large-scale projects. The Consultant SHALL notify the Chief
Building Official if the first plan check will not be completed within 10 business
days.
Consultant will strive to complete the second or subsequent plan check submitted
within five (5) business days of notification of assignment of review by the City.
The goal agreed to by Consultant will be to complete 95% of all complete
submittal within the 5 day period. City recognizes that on large scale projects this
may not be possible and Consultant will strive for a plan review period that does
not exceed ten (1 0) days on large-scale projects. The Consultant SHALL notify
the Chief Building Official if the first plan check will not be completed within 5
business days.
b. Building Inspection. Provide building inspection services during the course of
construction of facilities to enforce compliance with the provisions of applicable
laws including City Ordinances and regulations set forth on the plans for which
the permit is issued. In the performance of such duties, Consultant shall provide
prompt inspections for each project at the completion of various stages of
construction to determine compliance. Consultant shall provide City Manager
and I or designee with relevant background information on all assigned inspection
Consulting Services Agreement between
City of Dublin and West Coast Code Consultants--Exhibit A
July 1, 2016
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personnel prior to assignment under this agreement. Consultant shall assign
competent personnel whose background, experience, applicable certifications, and
demeanor demonstrate an ability to conduct inspections of the type required under
this Agreement, in accordance with City standards. City Manager and I or
designee shall determine acceptability of assigned inspection personnel.
Consultant shall promptly identify alternate personnel in the event of a request by
the City Manager and I or designee.
In the event that Consultant request a change in the assigned inspection personnel,
Consultant shall bear the full cost of any training required to familiarize the
assigned personnel with the current status of projects in the City. At the
minimum, this shall include a one-week overlap with both inspectors. In the
event that an assigned inspector is absent for a period of greater than three
concurrent workdays, the Consultant will provide a qualified temporary
·replacement that is approved by the City.
c .. Housing Code Enforcement. Under the direction of the Chief Building Official,
Consultant shall enforce the City's Housing Code by investigation of complaints
regarding substandard housing conditions and when necessary, prepare cases for
citation hearings, criminal proceedings in municipal court, and I or civil
abatement proceedings.
d. Presentations of Code Updates. In the event that the State of California adopts
revisions to any of the adopted codes during the term of this Agreement,
Consultant shall assist the Chief Building Official in preparing the staff report and
necessary ordinances in advance of the State mandatory implementation date.
e. Other Duties. Consultant shall perform other related activities as requested by the
City, including Building Official services. Fees for such services shall be
negotiated on an as-needed basis as approved by the City Manager or his/her
designee.
2. REPORTING I PUBLIC INFORMATION. Consultant shall be responsible for
coordination of monthly and annual reports summarizing activities undertaken pursuant
to this Agreement. Reports shall be in a format as mutually agreed by the City Manager
and/or designee. As required, Consultant may prepare staff reports for City Council,
including but not limited to review and adoption of related code updates. Consultant
shall also assist with the preparation of informational brochures designed to assist the
public with Building and Safety process.
3. COLLECTION OF FEES. All fees collected from permit applicants in connection with
the carrying out of the functions set forth in this Agreement shall be collected by the City.
If required, Consultant shall submit as appropriate, information and recommendations on
proposed City adjustments to the adopted fee schedules.
Consulting Services Agreement between
City of Dublin and West Coast Code Consultants--Exhibit A
July 1, 2016
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4. LIMITATIONS (AVODANCE OF CONFLICTS). During the term of this Agreement,
Consultant shall not provide services to any client for a project that requires and approval
from the City.
Consulting Services Agreement between
City of Dublin and West Coast Code Consultants--Exhibit A
July 1, 2016
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EXHIBITB
PAYMENT SCHEDULE
A. City shall pay Consultant for services rendered in accordance with the hourly rates stated
in section B. Consultant shall submit invoices, not more often than once per month,
based upon the work completed. At the sole discretion of the City, other payment
schedules may be considered. Invoices shall include an accounting of all hours by
classification and task. Invoices shall include the purchase order number, amount of
purchase order, amount of purchase order remaining, and total hours of augmentation
personnel assigned to the City covered by purchase order. The format documentation
included on the invoice shall be subject to approval by the City Manager and I or
designee.
B. HOURLYRATES:
The following rates include all reimbursable or indirect costs, including but not limited to
business cards, all required code books and references, a vehicle and mobile field device
(smart phone or laptop) compatible with the City's permitting system.
1. Supervising Building Inspector
(Includes oversight of Contract
Inspectors, monitoring of Inspections
demand and a knowledge I certification
in commercial/multi-family and single
family building systems. May include
plan checking assignments)
2. Building Inspector III
(Includes knowledge I certification in
commercial/multi-family and single
family building systems including
structural, mechanical, plumbing, and
electrical systems. May include plan
checking of non-structural plans.)
3. Building Inspector II
(Includes knowledge I certification in
residential building systems including
structural, mechanical, plumbing, and
electrical systems. May include plan
checking of non-structural plans.)
Consulting Services Agreement between
City ofDublin and West Coast Code Consultants--Exhibit B
$110
$95
$85
July 1, 2016
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4. Building Inspector I $80
(Includes inspections of residential
buildings)
5. Building Inspector Trainee $70
(Includes training or entry level
inspections of residential buildings)
6. Plan Review (on or off site) $120
(Includes accessibility plan review
meeting State standards)
7. Certified Access Specialist -$5
Augmentation Inspector
(An hourly surcharge is permitted for
each Building Inspector rate listed in this
Exhibit that holds an active CASp
certification)
8. Overtime rate 150% of Above Hourly Rate
(When pre-approved in writing from
Contract Administrator or designee)
Consulting Services Agreement between
City of Dublin and West Coast Code Consultants--Exhibit B
July 1, 2016
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EXHIBIT C
SPECIAL PROVISIONS
The following provisions are hereby incorporated in the Agreement by and between COMPANY
(Consultant) and City of Dublin (City):
ASSIGNED PERSONNEL I SUB CONTRACTORS.
The following terms and conditions are hereby agreed to by Consultant prior to the assignment
of personnel or use by Consultant of subcontractors.
a. Submittal to City Manager. The name, background and experience of any and every
firm or individual to which any work outlined in this Agreement is to be performed
must be submitted to the City Manager and I or designee for prior approval.
b. Consultant Liable for Work of Subcontractors. Approval by the City Manager of a
subcontractor shall not relieve Consultant of any liability for the work to be
performed pursuant to this Agreement, nor shall such approval infer any contractual
relationship between City and any subcontractor.
EMERGENCY OPERATIONS ASSISTANCE.
The following terms and conditions are hereby agreed to by Consultant in the event of a local or
regional emergency:
a. Report into the City of Dublin Emergency Operations Center (E.O.C.). Contract
personnel assigned to the City will make a reasonable effort to report to the City of
Dublin E.O.C. as soon as possible following a local or regional emergency.
b. Consultant shall provide emergency preparedness training. All contract personnel
assigned to the City shall maintain at all times appropriate emergency training and
cetiification, such as A TC-20 Damage Assessment Training and Certification.
c. The Consultant shall make contract personnel and Consultant resources available for
emergency response at the same hourly rates and conditions specified in this contract.
d. The Consultant acknowledges that emergency response work may require variations
in the work hours and assignments.
Consulting Services Agreement between
City of Dublin and West Coast Code Consultants--Exhibit C
July 1, 2016
Page 1 of 1
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RESOLUTION NO. 34— 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH
WEST COAST CODE CONSULTANTS, INC.
WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for on-call building
and safety services; and
WHEREAS, Staff reviewed and selected the most qualified firms to provide certain plan check,
inspections and building code compliance activity services on an as-needed basis; and
WHEREAS, on July 1, 2016, the City of Dublin and West Coast Code Consultants, Inc.
entered into a Consulting Services Agreement for Building and Safety Services (hereinafter referred
to as the "Agreement"); and
WHEREAS, the compensation for the Agreement was approved at the sum not to exceed five
hundred thousand ($500,000) dollars; and
WHEREAS, Staff is seeking to amend Agreement to increase the not-to-exceed compensation
amount of the Agreement to eight hundred thousand ($800,000) dollars; and
WHEREAS, total compensation for the services provided under the Agreement is subject to
budgetary approval by the City Council for the term of each Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the First Amendment to the Consulting Services Agreement with West Coast Code
Consultants, Inc. as attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment.
PASSED, APPROVED AND ADOPTED this 17th day of April, 2018, by the following vote:
AYES: Councilmembers Goel, Gupta, Hernandez, Thalblum and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
cr
P64-V.., A- . /1/14-
Mayor
ATTEST:
City Clerk
Reso No. 34-18, Adopted 4/17/2018, Item No. 4.3 Page 1 of 1
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Packet Pg. 135 Attachment: 2. Resolution 34-18 Approving First Amendment to Agreement with West Coast Code Consultants (Amendments to Consulting
FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND WEST COAST CODE CONSULTANTS, INC.
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
City") and West Coast Code Consultants, INC. (hereinafter referred to as "Consultant")
entered into a Consulting Services Agreement for Building and Safety Services
hereinafter referred to as the "Agreement"); and
WHEREAS, the compensation for the Agreement was approved at a sum
not to exceed five hundred thousand ($500,000) dollars and is set to expire on June 30,
2019; and
WHEREAS, the City and Consultant now wish to amend the Agreement to
increase the limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2. Compensation, shall be rescinded in its entirely and replaced with the
following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant the
hourly sum set forth in the Payment Schedule contained in Exhibit B, the total
sum paid to Consultant shall not to exceed $800,000, 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, 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.
2) All requisite insurance policies to be maintained by the Consultant pursuant to
the Agreement, as may have been amended from time to time, shall include
coverage for the amended term, as described above.
3) The individuals executing this First Amendment and the instruments referenced
in it on behalf of Consultant each represent and warrant that they have the legal
power, right and actual authority to bind Consultant to the terms and conditions of
this First Amendment.
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Packet Pg. 136 Attachment: 2. Resolution 34-18 Approving First Amendment to Agreement with West Coast Code Consultants (Amendments to Consulting
4) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: By:
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
WEST COAST CODE CONSULTANT, INC.
Dated: By:
Giyan Senaratne, PE, SE, LEED AP, CASp
Principal / CEO
2932866.1
4.4.b
Packet Pg. 137 Attachment: 2. Resolution 34-18 Approving First Amendment to Agreement with West Coast Code Consultants (Amendments to Consulting
RESOLUTION NO. XX- 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENTS TO THE CONSULTING SERVICES AGREEMENTS
FOR ON-CALL CONTRACT BUILDING AND SAFETY SERVICES
WHEREAS, the City Council has approved Consulting Services Agreements with
qualified consultants to provide certain building and safety services on an as needed
basis; and
WHEREAS, said consultants were selected through a Request for Qualifications
process.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does
hereby approve Amendments to the Consulting Services Agreement with 4Leaf Inc.,
Shums Coda & Associates, TRB + Associates, and West Coast Code Consultants, Inc.;
and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendments attached hereto as Exhibit A and make any other minor changes to the
amendments to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this ____ day of _____, 2019, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Authorize Staff to Procure Steelcase Furniture through One WorkPlace
Prepared by: Lisa Hisatomi, Assistant Administrative Services Director
EXECUTIVE SUMMARY:
The City Council will consider the use of One WorkPlace as a City’s vendor for furniture
procurement.
STAFF RECOMMENDATION:
Approve the Resolution Authorizing Staff to Procure Steelcase Furniture through One
WorkPlace.
FINANCIAL IMPACT:
Funding for the procurement of furniture for Fiscal Year 2018 -19 is included in the
current fiscal year budget, and future purchases will be included in the annual budget
process.
DESCRIPTION:
Over the last several years, the City has been purchasing Steelcase furniture from One
WorkPlace for workspace reconfiguration and replacement of old office furniture. The
Steelcase furniture brand has been awarded a furniture contracts by Sourcewell
(Contract # 031715-STI, maturity date 04/09/2020). Sourcewell is a government service
cooperative that helps local government entities, schools, and nonprofit agencies
operate more efficiently by offering contract purchasing solutions that are solicited
nationally. One WorkPlace is one of the authorized dealers for Steelcase furniture.
Chapter 2.36 of the Dublin Municipal Code (DMC) establishes the procedures for
contracts and purchasing, which require City Council approval for procurement of goods
and services in excess of $45,000 (DMC 2.36.090) for operating programs and
$100,000 (DMC 2.36.160) for capital improvement projects. The Ordinance provides
the City Council with authority to waive the competitive bidding process when the
procurement meets the Exceptions to Competitive Bidding criteria. Multiple departments
4.5
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have included budget in the current fiscal year to reconfigure the workspace to make
better use of the available space and standardize the furniture. The Public Safety
Complex project also requires the procurement of furniture once the construction is
complete. Staff is requesting the City Council’s approval to procure office furniture from
One WorkPlace in excess of $45,000 for operating programs and $100,000 for capital
improvement projects, and waive the competitive bid process based on the following
exception stated in Dublin Municipal Code Section 2.36.100:
B.9 - “When another public agency has administered a competitive bidding process and
has a current valid agreement for the same or substantially similar consultant or
professional services, general services, supplies or equipment.”
Staff is further requesting the City Council’s approval of such purchases be carried into
future years, if Steelcase maintains an active contract status with Sourcewell and One
WorkPlace is an authorized dealer of Steelcase furniture, and as the approved budget
allows.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Authorizing Staff to Procure Steelcase Furniture through One WorkPlace
4.5
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RESOLUTION NO. - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***************************
AUTHORIZING STAFF TO PROCURE STEELCASE FURNITURE THROUGH ONE WORKPLACE
WHEREAS, the City requires the purchase of furniture for workspaces in facilities such as the
Civic Center and the Public Safety Complex; and
WHEREAS, Staff desires to purchase Steelcase furniture and One WorkPlace is an
authorized dealer of Steelcase; and
WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exception to the
competitive bid process when another public agency has administered a competitive bidding process
and has a current valid agreement for the same or substantially similar consultant or professional
services, general services, supplies or equipment; and
WHEREAS, Steelcase has a valid contract, through April 2020, publicly bid by Sourcewell, a
government service cooperative, which meets this Municipal Code provision for publicly bid
agreements; and
WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval of
supplies and equipment with a cost greater than or equal to forty-five thousand dollars ($45,000); and
WHEREAS, Section 2.36.160 of the Dublin Municipal Code requires City Council approval of
purchase or contract for public projects greater than or equal to one hundred thousand dollars
($100,000).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the City Manager as the Purchasing Agent to procure furniture from One WorkPlace
for an amount in excess of $45,000 for operating programs and $100,000 for public projects, for
Fiscal Year 2018-19 and future years, subject to available approved budget, and if Steelcase
maintains an active contract status with Sourcewel l and remains an authorized dealer of Steelcase
furniture.
PASSED, APPROVED AND ADOPTED this 7th day of May 2019.
AYES:
NOES:
ABSENT:
________________________________
Mayor
ATTEST:
____________________________
4.5.a
Packet Pg. 160 Attachment: 1. Resolution Authorizing Staff to Procure Steelcase Furniture through One WorkPlace (Furniture Procurerment)
City Clerk
4.5.a
Packet Pg. 161 Attachment: 1. Resolution Authorizing Staff to Procure Steelcase Furniture through One WorkPlace (Furniture Procurerment)
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendment to Dublin Crossing Development Agreement
Prepared by: Linda Smith, Assistant City Manager
EXECUTIVE SUMMARY:
The City Council will consider an administrative amendment to the Amended and
Restated Development Agreement with Dublin Crossing, LLC related to the payment
and credit for the Eastern Dublin Traffic Impact Fee.
STAFF RECOMMENDATION:
Waive the first reading and INTRODUCE the Ordinance Approving the First
Amendment to the Amended and Restated Agreement with Dublin Crossing, LLC.
FINANCIAL IMPACT:
There will be no impact to the General Fund. Instead of collecting a portion of the
Eastern Dublin Traffic Impact Fee in cash payment, the Developer will be able to use
existing EDTIF credits or Dublin Crossing Transportation Fee credits to satisfy the
obligation for the project.
DESCRIPTION:
On November 20, 2018, the City Council adopt ed Ordinance 11-18 which amended and
restated the agreement for the Dublin Crossing project. That Amended and Restated
Agreement cleaned up a number of previous and proposed amendments related to the
project, including but not limited to the dedication of the school/park site and the
inclusion of the Developer constructing Don Biddle Community Park.
Left in the Agreement was a provision regarding the payment of Eastern Dublin Traffic
Impact Fees. Section 10.7 of the Agreement indicates that a certain p ortion of the
Property (the “ACSPA Property”) is within the boundary of and subject to the Eastern
Dublin Traffic Impact Fee (“EDTIF”), that it was and is the City’s intent to remove the
ACSPA Property from the EDTIF, that the Developer would pay the EDTIF if it proposed
development on the ACSPA Property before such time as the ACSPA was removed
from the EDTIF, and that the Developer could use “overages” created under the
Agreement as a result of constructing EDTIF improvements to satisfy EDTIF.
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The City has not yet removed the ACSPA property from the EDTIF, although it is
actively pursuing that effort. The Developer is proposing development on the ACSPA
Property that will obligate it to pay the EDTIF prior to the ACSPA property being
removed. The EDTIF Program would require a certain amount of the EDTIF to be paid
in cash, rather than allowing the use of credits created by the construction of eligible
EDTIF improvements. Given the substantial benefits to the EDTIF program resulting
from Developer’s project, including the construction of Arnold Road and Scarlett Drive
improvements, and the City’s intent to remove the ACSPA Property from the EDTIF, the
City is amenable to exempting the Developer from the EDTIF’s cash -payment
requirement, and this Amendment would amend section 10.7 to accomplish that goal.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was provided to the Developer.
ATTACHMENTS:
1. Ordinance Approving Amendment No. 1 to the Amended and Restated Agreement
with Dublin Crossing LLC
2. Exhibit A to the Ordinance - First Amendment to Amended and Restated Dublin
Crossing Development Agreement
4.6
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ORDINANCE NO. xx - 19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ADOPTING AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC RELATED
TO THE DUBLIN CROSSING PROJECT
PLPA-2018-00027
(HISTORICAL APNs 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00)
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. On November 5, 2013, the City Council approved Resolutions 186-13 (EIR
certification) and 187-13 (Specific Plan approval and General Plan amendments) as well as
Ordinances 07-13 (Zoning Ordinance and Zoning Map changes) and 08-13 (Development
Agreement approval) that approved the Dublin Crossing project (now referred to as “Boulevard”)
on properties historically identified by Assessor Parcel Numbers 986 -0001-001-15 (partial), 986-
0034-002-00, and 986-0034-006-00 (an approximately 189 acre site); and
B. The project is located within the proposed Dublin Crossing Specific Plan area, which
is the subject of an Environmental Impact Report (EIR), State Clearinghouse number
2012062009. Resolution 186-13 certified the Dublin Crossing Specific Plan Final EIR and
adopting CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and
Reporting Program for the Project. The original Development Agreement was part of the Project
analyzed in the EIR and the impacts of the activities under the Development Agreement were
analyzed in the EIR; and
C. The Dublin Crossing project includes the demolition of the existing buildings and
other improvements on the site and construction of a residential mixed - use project with up to
1,995 single- and multi- family residential units; a 30 acre Community Park; and a 12 -acre joint
use park/school site to serve approximately 900 students; and
D. Subsequent to the approval of the original Development Agreement, the parties
have amended the Development Agreement several times, most recently by the “Amended and
Restated Development Agreement Between the City of Dublin and Dublin Crossing LLC Relating
to the Dublin Crossing Project,” dated November 20, 2018 and recorded in the Official Records
as document number 2019030149 (the “Agreement”).; and
E. Subsequent environmental review was completed prior to approval of amendments
to the Agreement that included land use changes; and
F. It has been determined that additional changes to the Agreement are necessary to
clarify the application of the Eastern Dublin Traffic Impact Fee to development on the former
ACSPA property, and the parties have negotiated Amendment No. 1 to the Agreement to do so ;
and
4.6.a
Packet Pg. 164 Attachment: 1. Ordinance Approving Amendment No. 1 to the Amended and Restated Agreement with Dublin Crossing LLC (Amendment to
2
G. The Agreement allows for insubstantial amendments (as defined) without notice and
public hearings before the Planning Commission and City Council, and the proposed amendment
meets the definition of an insubstantial amendment.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of: (a) the foregoing Recitals which are incorporated herein, (b) the
City of Dublin General Plan; (c) the Dublin Crossing Specific Plan, (d) the Dublin Crossing Specific
Plan EIR; (e) the Staff Report; (f) information in the entire record of proceeding for the Project,
and on the basis of the specific conclusions set forth below, the City Council finds and determines
that:
1. Amendment No. 1 is consistent with the objectives, policies, general land uses and
programs specified and contained in the City’s General Plan, and in the Dublin Crossing Specific
Plan in that: (a) Amendment No. 1 incorporates the objectives policies, general land uses and
programs in the General Plan and Specific Plan and does not amend or modify them; and (b) the
project is consistent with the fiscal policies of the General Plan and Specific Plan with respect to
the provision of infrastructure and public services.
2. Amendment No. 1 is compatible with the uses authorized in, and the regulations
prescribed for, the land use districts in which the real property is located because Amendment No.
1 does not amend the uses or regulations in the applicable land use district.
3. Amendment No. 1 is in conformity with public convenience, general welfare, and
good land use policies in that the Developer’s project will implement land use guidelines set forth
in the Dublin Crossing Specific Plan and the General Plan as articulated in Resolution No. 187-
13, amending the General Plan and adopting th e Dublin Crossing Specific Plan, adopted by the
City Council on November 5, 2013, and as subsequently amended.
4. Amendment No. 1 will not be detrimental to the health, safety, and general welfare
in that the Developer’s proposed project will proceed in accordance with all the programs and
policies of the General Plan, Dublin Crossing Specific Plan, and future Project Approvals and any
Conditions of Approval.
5. Amendment No. 1 will not adversely affect the orderly development of property or
the preservation of property values in that the project will be consistent with the General Plan , the
Dublin Crossing Specific Plan, and future Project Approvals.
6. Amendment No. 1 does not change the duration of the agreement, the permitted
uses of the property, the density or intensity of use, the maximum height and size of proposed
buildings, and provisions for reservation or dedication of land for public purposes. The original
Development Agreement continues to contain an indemnity and insurance clause requiring the
developer to indemnify and hold the City harmless against claims arising out of the development
process, including all legal fees and costs.
Section 3. APPROVAL
The City Council hereby approves Amendment No. 1 (Exhibit A to the Ordinance) and
authorizes the City Manager to execute it.
Section 4. RECORDATION
4.6.a
Packet Pg. 165 Attachment: 1. Ordinance Approving Amendment No. 1 to the Amended and Restated Agreement with Dublin Crossing LLC (Amendment to
3
Within ten (10) days after Amendment No. 1 is fully executed by all parties, the City Clerk
shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of
its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 36933 of the Government
Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _____ day of
May 2019 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
Mayor
ATTEST:
________________________________
City Clerk
4.6.a
Packet Pg. 166 Attachment: 1. Ordinance Approving Amendment No. 1 to the Amended and Restated Agreement with Dublin Crossing LLC (Amendment to
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder’s use
AMENDMENT NO. 1 TO
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF DUBLIN
AND
DUBLIN CROSSING LLC
RELATING TO THE
DUBLIN CROSSING PROJECT
4.6.b
Packet Pg. 167 Attachment: 2. Exhibit A to the Ordinance - First Amendment to Amended and Restated Dublin Crossing Development Agreement (Amendment
Amendment No. 1 to Amended and Restated Dublin Crossing Development Agreement
Page 2 of 5
THIS AMENDMENT (“Amendment”) is made and entered in the City of Dublin on
this __ day of _______, 2019, by and between the City of Dublin, a Municipal Corporation
(hereafter “City”), DUBLIN CROSSING, LLC, a Delaware limited liability company
(hereafter “Developer”), pursuant to the authority of §§ 65864 et seq. of the California
Government Code and Dublin Municipal Code, Chapter 8.56. City and Developer are from
time-to-time individually referred to in this Amendment as a “Party” and are collectively
referred to as “Parties”.
RECITALS
1. California Government Code §§ 65864 et seq. and Chapter 8.56 of the
Dublin Municipal Code (hereafter “Development Agreement Statutes”) authorize the
City to enter into an agreement for the development of real property with any person
having a legal or equitable interest in such property in order to establish certain
development rights in such property.
2. Pursuant to that authority, City and Developer entered into that certain
“Development Agreement Between the City of Dublin and Dublin Crossing Venture
LLC,” dated November 19, 2013 and recorded in the Official Records of Alameda
County ("Official Records") on June 4, 2014 as document number 2014134795 (the
“Original Agreement”). The Original Agreement was amended several times, most
recently by the “Amended and Restated Development Agreement Between the City of
Dublin and Dublin Crossing LLC Relating to the Dublin Crossing Project,” dated
November 20, 2018 and recorded in the Official Records as document number
2019030149 (the “Agreement”).
3. Section 10.7 of the Agreement indicates that a certain portion of the
Property (the “ACSPA Property”) is within the boundary of and subject to the Eastern
Dublin Traffic Impact Fee (“EDTIF”), that it was and is the City’s intent to remove the
ACSPA Property from the EDTIF, that the Developer would pay the EDTIF if it proposed
development on the ACSPA Property before such time as the ACSPA was removed
from the EDTIF, and that the Developer could use “overages” created under the
Agreement as a result of constructing EDTIF improvements to satisfy EDTIF.
4. The City has not yet removed the ACSPA property from the EDTIF,
although it is actively pursuing that effort, and Developer is proposing development on
the ACSPA Property that will obligate it to pay the EDTIF prior to the ACSPA property
being removed. The EDTIF Program would require a certain proportion of the EDTIF to
be paid in cash, rather than allowing the use of credits created by the construction of
eligible EDTIF improvements. Given the substantial benefits to the EDTIF program
resulting from Developer’s project, and the City’s intent to remove the ACSPA Property
from the EDTIF, the City is amenable to exempting the Developer from the EDTIF’s
cash-payment requirement, and this Amendment would amend section 10.7 to
accomplish that goal.
4.6.b
Packet Pg. 168 Attachment: 2. Exhibit A to the Ordinance - First Amendment to Amended and Restated Dublin Crossing Development Agreement (Amendment
Amendment No. 1 to Amended and Restated Dublin Crossing Development Agreement
Page 3 of 5
5. Section 15.3 of the Agreement provides that insubstantial amendments to
the Agreement may be executed by the parties to the Agreement and shall not require
notice or public hearing before either the Planning Commission or the City Council.
6. Section 15.3 of the Agreement provides that an insubstantial amendment
is any amendment to the Agreement that does not relate to the following (which are
hereafter referred to as “Substantial Changes”): 1) the term of the Agreement as
provided in Section 4.2; 2) the permitted uses of the Property as provided in Section
5.1; 3) provisions for “significant” reservation or dedication of land as provided; 4)
conditions, terms, restrictions or requirements for subsequent discretionary actions; 5)
the density or intensity of use of the Project; 6) the maximum height or size of proposed
buildings; and 6) monetary contributions by Developer as provided in the Agreement.
7. This Amendment does not relate to any Substantial Changes as described
in Recital 4 above and therefore constitutes an insubstantial amendment that may be
executed without notice or public hearing before either the Planning Commission or the
City Council.
8. Pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq., hereinafter “CEQA”), City undertook the required analysis
of the environmental effects that would be caused by the Existing P roject Approvals and
determined those feasible mitigation measures which will eliminate, or reduce to an
acceptable level, the adverse environmental impacts of the Existing Project Approvals.
The environmental effects of the proposed development of the Property were analyzed
by the Final Environmental Impact Report (the “FEIR”) certified by City on November 5,
2013. In conjunction therewith, City also adopted a mitigation monitoring and reporting
program (the “MMRP”) to ensure that those mitigation measures incorporated as part of,
or imposed on, the Project are enforced and completed. Those mitigation measures for
which Developer is responsible are incorporated into, and required by, the Project
Approvals.
9. On _____________, 20169, the City Council of the City of Dublin adopted
Ordinance No. ____ approving this Amendment No. 1 to the Amended and Restated
Development Agreement (“DA Amendment Approving Ordinance”). The ordinance
took effect on ___________, 2019 (the “Amendment Approval Date”).
NOW, THEREFORE, with reference to the foregoing recitals and in consideration
of the mutual promises, obligations and covenants herein contained, City and Developer
agree as follows:
AGREEMENT
Section 1. Amendment to Section 10.7. Section 10.7 of the Agreement is
amended to read in its entirety as follows:
Eastern Dublin Traffic Impact Fee for ACSPA Property. The ACSPA Property,
unlike the remainder of the Property, is within the boundary of and subject to the
4.6.b
Packet Pg. 169 Attachment: 2. Exhibit A to the Ordinance - First Amendment to Amended and Restated Dublin Crossing Development Agreement (Amendment
Amendment No. 1 to Amended and Restated Dublin Crossing Development Agreement
Page 4 of 5
EDTIF. The City’s present intention is to remove the ACSPA Property from the
EDTIF. Nonetheless, if the ACSPA Property remains in the EDTIF boundary, t he
Developer shall pay the EDTIF as required by the EDTIF for any development on
the ACSPA Property. Developer may use overages created under Section 10.2
to satisfy this EDTIF obligation to the extent the EDTIF permits EDTIF fee credits
to be used. The EDTIF Guidelines requires that a certain percentage of the
EDTIF be paid in cash rather than EDTIF credits, but those provisions shall not
apply to Developer should it use overages to meet its EDTIF payment obligation
under this Section.
Section 2. Full Force and Effect. Except as specifically clarified, confirmed or
modified herein, the Agreement shall continue in full force and effect according to its
terms.
Section 3. Defined Terms. Defined terms have the same meaning in this
Amendment as in the Agreement unless otherwise specified.
Section 4. Effective Date. This Amendment shall become effective upon the
date the ordinance approving this Agreement becomes effective (the “Effective Date”).
Section 5. Recordation. City shall record a copy of this Amendment within ten
(10) days following execution by all parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed as of the date and year first above written.
CITY:
CITY OF DUBLIN
By: _________________________
Christopher L. Foss, City Manager
Attest:
________________________
Caroline Soto, City Clerk
Approved as to form
________________________
John Bakker, City Attorney
4.6.b
Packet Pg. 170 Attachment: 2. Exhibit A to the Ordinance - First Amendment to Amended and Restated Dublin Crossing Development Agreement (Amendment
Amendment No. 1 to Amended and Restated Dublin Crossing Development Agreement
Page 5 of 5
DEVELOPER:
DUBLIN CROSSING, LLC,
a Delaware limited liability company
By: BrookCal Dublin LLC,
a Delaware limited liability company
Its: Member
By: _______________________________
Name: _______________________________
Its: _______________________________
By: _______________________________
Name: ______________________________
Its: _______________________________
By: SPIC Dublin LLC,
a Delaware limited liability company
Its: Member
By: Standard Pacific Investment Corp.,
a Delaware corporation
Its: Member
By: ___________________________
Name: _________________________
Its: ___________________________
3207291.1
4.6.b
Packet Pg. 171 Attachment: 2. Exhibit A to the Ordinance - First Amendment to Amended and Restated Dublin Crossing Development Agreement (Amendment
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Agreement with All City Management Services
Prepared by: Victor Fox, Lieutenant Dublin Police Services
EXECUTIVE SUMMARY:
The City Council will consider an agreement for crossing guard services with All City
Management Services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Agreement with All City Management Services,
Inc. for the Provision of Crossing Guard Services for Fiscal Year 2019-20.
FINANCIAL IMPACT:
The cost to fund crossing guard services in Fiscal Year 2019-20 is $219,471.16, an
increase of $29,341.93 over Fiscal Year 2018 -19. This allows for up to 14 crossing
guard locations, as well as summer school coverage at one elementary school site.
Sufficient funding for these services is included in the Fiscal Year 2019 -20 Budget. The
City will be reimbursed by the Dublin Unified School District for two of these crossing
guards estimated at $31,000.
DESCRIPTION:
All City Management Services, Inc. (ACMS) provides a variety of traffic and safety
related services including crossing guards, parking enforcement, and traffic control to
public agencies. The City of Dublin has contracted with ACMS since July 1, 1995.
ACMS is headquartered in Los Angeles and serves numerous cities in northern and
southern California. In response to the increased demand for crossing guard services
in northern California, ACMS has assigned additional pers onnel to the area. The City of
Dublin is currently assigned one Area Supervisor and one Field Supervisor who monitor
the activities of crossing guards.
ACMS has submitted a proposal to continue to provide crossing guard services to
Dublin in Fiscal Year 2019-20 (Attachment 2). The proposal includes the direct
provision of crossing guards, along with administrative support for the program including
4.7
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Page 2 of 2
personnel recruitment, training, supervision, and payroll functions. Included in
Attachment 2 are the calculations of ACMS’ new hourly wage rate and proposed service
hours for Fiscal Year 2019-20. The following table summarizes the changes as
compared to the prior year:
FY 2018-19 FY 2019-20 Change
Service Hours 9,417 10,156 739
Hourly Rate $20.19 $21.61 $1.42
Total $190,129.23 $219,471.16 $29,341.93
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving the Agreement with All City Management Services Inc. for the
Provision of Crossing Guard Services for Fiscal Year 2019-20
2. Exhibit A to the Resolution - Agreement with All City Management Services, Inc. for
Crossing Guard Services, ACMS Hourly Wage Increase Letter and ACMS Client
Worksheet
4.7
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ATTACHMENT 1
RESOLUTION NO. XX - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR
THE PROVISION OF CROSSING GUARD SERVICES
FOR FISCAL YEAR 2019-20
WHEREAS, the City of Dublin uses adult crossing guards to ensure the safety of
schoolchildren crossing streets; and
WHEREAS, the City of Dublin wishes to continue to contract with the firm All City
Management Services, Inc. to provide crossing guard services for Fiscal Year 2019-20.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the Agreement (attached hereto as Exhibit A) with All City Management Services, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement.
PASSED, APPROVED AND ADOPTED this 7th day of May, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.7.a
Packet Pg. 174 Attachment: 1. Resolution Approving the Agreement with All City Management Services Inc. for the Provision of Crossing Guard Services for
4.7.bPacket Pg. 175Attachment: 2. Exhibit A to the Resolution - Agreement with All City Management Services, Inc. for Crossing Guard Services, ACMS Hourly
4.7.bPacket Pg. 176Attachment: 2. Exhibit A to the Resolution - Agreement with All City Management Services, Inc. for Crossing Guard Services, ACMS Hourly
4.7.bPacket Pg. 177Attachment: 2. Exhibit A to the Resolution - Agreement with All City Management Services, Inc. for Crossing Guard Services, ACMS Hourly
4.7.bPacket Pg. 178Attachment: 2. Exhibit A to the Resolution - Agreement with All City Management Services, Inc. for Crossing Guard Services, ACMS Hourly
4.7.bPacket Pg. 179Attachment: 2. Exhibit A to the Resolution - Agreement with All City Management Services, Inc. for Crossing Guard Services, ACMS Hourly
4.7.bPacket Pg. 180Attachment: 2. Exhibit A to the Resolution - Agreement with All City Management Services, Inc. for Crossing Guard Services, ACMS Hourly
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Award of Contract to Golden Bay Construction Inc., for Amador Valley
Boulevard - Wildwood Road and Stagecoach Road Intersections
Improvements, Project No. ST0317
Prepared by: Sai Midididdi, Associate Transportation Engineer (Civil)
EXECUTIVE SUMMARY:
The City Council will consider approving the plans and specifications and awarding a
construction contract to Golden Bay Construction, Inc. for the Amador Valley Boulevard
– Wildwood Road and Stagecoach Road Intersection s Improvements, Project No.
ST0317. The project will: construct a bulb out bioretention planter and install a
Rectangular Rapid Flashing Beacon at Amador Valley Boulevard and Wildwood Road;
modify the traffic signal, construct new curb ramps, and modify medians at Amador
Valley Boulevard and Stagecoach Road; and will convert the Amador Valley Boulevard
median irrigation to recycled water east of Stagecoach Road.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract
to Golden Bay Construction, Inc., for Amador Valley Boulevard - Wildwood Road and
Stagecoach Road Intersections Improvements Project No. ST0317.
FINANCIAL IMPACT:
As approved in the 2018-2023 Capital Improvement Program, the total remaining
budget for the Amador Valley Boulevard – Wildwood Road and Stagecoach Road
Intersections Improvements is $859,971.86. The lowest responsive bid for construction
was $636,761.70. A construction contingency of $75,000 is requested for unforeseen
construction issues, bringing the total potential construction cost to $711,761.70.
Sufficient funding is available in the project budget to cover th e construction contract
costs.
DESCRIPTION:
The Five-Year Capital Improvement Program (CIP), adopted by City Council, includes
Amador Valley Boulevard - Wildwood Road and Stagecoach Road Intersections
Improvements, CIP No. ST0317 (Attachment 1). The project will construct a landscaped
4.8
Packet Pg. 181
Page 2 of 3
bioretention planter and bulb out and will install pedestrian activated Rectangular Rapid
Flashing Beacons (flashing pedestrian warning lights) at the Amador Valley Boulevard
and Wildwood Road intersection. The project will also modify traffic signal infrastructure
and signal timing, for safer pedestrian crossing, construct new cub ramps, and modify
the medians, roadway striping, and signs at the Stagecoach Road intersection. The
project will also convert the Amador Valley Boulevard median irrigation from potable
water to recycled water.
The plans and specifications were completed and advertised for bids in March 2019. A
total of two sealed bids were received on April 2, 2019. A summary of the bids is
provided as Attachment 2. The low bid of $636,761.70 was submitted by Golden Bay
Construction Inc. The low bid contained an arithmetic error between an item unit cost
and the mathematical sum, which subsequently decreased the total base bid price by
$40. The Public Contract Code and the City’s bid documents define this as a “minor bid
irregularity,” and authorize the City to waive this irregularity and proceed with the award
of the contract.
Staff has reviewed the bid results and bidder qualification statements, checked
references and necessary licenses, and recommends that the City Council adopt the
Resolution (Attachment 3), awarding the project construction contract to Golden Bay
Construction Inc, as the lowest responsive bidder. To facilitate the approval of contract
change orders and to avoid construction delay, it is requested that the City Manager be
authorized to approve change orders up to the contingency amount of $75,000. The
Resolution will authorize this change as it relates to this project.
Staff expects the project to begin in early June 2019 and anticipates completion by the
end of September 2019. To minimize impact to school-related vehicular, bicycle, and
pedestrian traffic, the contract specifications require the contractor to diligently pursue
all work items prior to August 10. Work occurring after August 10 shall not result in
closure of more than one crosswalk at a time.
This project is exempt under Section 15301 (Existing Facilities) of the CEQA
Guidelines.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Strategy 3: Pursue efforts to help strengthen the City’s infrastructure and technology.
Strategic Objective 3b: Continue to embrace technology to improve traffic street and
engineering infrastructure.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to Golden Bay Construction, Inc. and to the Alameda
County Transportation Commission, Independent Watchdog Committee.
ATTACHMENTS:
1. ST0317 - Amador Valley Boulevard at Wildwood Road and Stagecoach Road
Intersections Improvements Project
2. Bid Results
4.8
Packet Pg. 182
Page 3 of 3
3. Resolution Approving the Plans and Specifications and Awarding a Contract to
Golden Bay Construction, Inc., for the Amador Valley Boulevard - Wildwood Rd and
Stagecoach Rd Intersections Project
4.8
Packet Pg. 183
Number ST0317 Program STREETS
ESTIMATED COSTS
PRIOR
YEARS
2018-2019
BUDGET 2019-2020 2020-2021 2021-2022 2022-2023
FUTURE
YEARS
ESTIMATE TOTALS
9100 $639 $33,071 $33,710
9200 $13,712 $165,538 $179,250
9400 $874,300 $874,300
9500 $1,000 $1,000
$14,352 $1,073,908 $1,088,260
FUNDING SOURCE
PRIOR
YEARS
2018-2019
BUDGET 2019-2020 2020-2021 2021-2022 2022-2023
FUTURE
YEARS
ESTIMATE TOTALS
1001 $193,000 $193,000
2204 $159,035 $159,035
2205 $14,352 $493,772 $508,124
2214 $84,560 $84,560
2215 $103,541 $103,541
2302 $40,000 $40,000
$14,352 $1,073,908 $1,088,260
Measure B Sales Tax - Bike &
Pedestrian Fund (ACTC)
Measure B Sales Tax - Local
Streets Fund (ACTC)
Salaries & Benefits
Contract Services
Improvements
AMADOR VALLEY BLVD - WILDWOOD ROAD & STAGECOACH INTERSECTIONS IMPROVEMENTS
TOTAL
Measure BB Sales Tax - Local
Streets Fund (ACTC)
Measure BB Sales Tax - Bike &
Pedestrian Fund (ACTC)
Measure D
General Fund
Miscellaneous
TOTAL
2018-2023 CAPITAL IMPROVEMENT PROGRAM
PROJECT DESCRIPTION
This project includes safety improvements for vehicle, bicycle, and pedestrian traffic on Amador Valley Boulevard at the intersections of Wildwood Road and Stagecoach Road.
The project will facilitate safe merging of two vehicle lanes into one lane on westbound Amador Valley Boulevard at Wildwood Road and will enhance traffic signal timing at
Stagecoach Road for safer pedestrian crossings and improved signal coordination. Improvements at Wildwood Road include a curb extension and a Rectangular Rapid Flashing
Beacon to augment the existing lighted crosswalk. Improvements at Stagecoach Road include a median and signal modifications. Other improvements will include roadway
striping modifications, sign modifications, and curb ramp upgrades. The project is anticipated to be complete in summer 2019.
ANNUAL OPERATING IMPACT:None
MANAGING DEPARTMENT: Public Works
4.8.a
Packet Pg. 184 Attachment: 1. ST0317 - Amador Valley Boulevard at Wildwood Road and Stagecoach Road Intersections
ST 0317
Bid Date:
BASED BID
ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension
1 Mobilization 1 LS $63,500.00 $63,500.00 $71,000.00 $71,000.00
2 Traffic control 1 LS $98,046.00 $98,046.00 $71,000.00 $71,000.00
3 Construction stormwater pollution prevention best management practices 1 LS $4,200.00 $4,200.00 $9,000.00 $9,000.00
4 Temporarily re-wire Pole I as specified in plans 1 LS $10,080.00 $10,080.00 $9,300.00 $9,300.00
5 Remove & Salvage Existing Traffic Signal Pole and Traffic Signal Equipment 3 EA $840.00 $2,520.00 $800.00 $2,400.00
6 Remove pole j foundation 1 LS $2,800.00 $2,800.00 $2,600.00 $2,600.00
7 Trim and abandon pole i and d foundations 1 LS $1,540.00 $1,540.00 $1,400.00 $1,400.00
8 Remove & Salvage Existing Traffic Signal Controller Cabinet 1 EA $1,400.00 $1,400.00 $1,300.00 $1,300.00
9 Remove & Salvage Existing Vehicle Signal Head 6 EA $140.00 $840.00 $130.00 $780.00
10 Remove & Salvage Existing Pedestrian Signal Head 3 EA $140.00 $420.00 $130.00 $390.00
11 Remove & Salvage Existing Mounting Bracket 6 EA $70.00 $420.00 $65.00 $390.00
12 Remove & Salvage Existing Pedestrian Push Button 8 EA $84.00 $672.00 $75.00 $600.00
13 Relocate Type IIA service enclosure on new cabinet 1 EA $1,680.00 $1,680.00 $1,550.00 $1,550.00
14 Furnish & Install NEMA TS2-Type 1 Controller Cabinet with Naztec Model 980 ATC Controller 1 EA $42,000.00 $42,000.00 $38,400.00 $38,400.00
15 1 LS $6,440.00 $6,440.00 $5,900.00 $5,900.00
16 Furnish & Install BBS 1 EA $8,680.00 $8,680.00 $8,000.00 $8,000.00
17 Install City-furnished Temple Edge-lit SNS on Signal Pole 4 EA $1,120.00 $4,480.00 $1,100.00 $4,400.00
18 Furnish & Install LED Vehicle Signal Head - 3 sec 12" 10 EA $784.00 $7,840.00 $720.00 $7,200.00
19 Furnish & Install LED Countdown Pedestrian Signal Head 3 EA $672.00 $2,016.00 $620.00 $1,860.00
20 Furnish & Install Polara iNavigator APS Station 8 EA $1,162.00 $9,296.00 $1,065.00 $8,520.00
21 Furnish & Install Polara Central Control Unit in Cabinet 1 EA $4,270.00 $4,270.00 $3,900.00 $3,900.00
22 Furnish & Install LED Luminaire 1 EA $1,470.00 $1,470.00 $1,350.00 $1,350.00
23 Furnish and Install 2" Conduit (incl. trenching or boring)50 LF $131.00 $6,550.00 $120.00 $6,000.00
24 Furnish and Install Type D (4x4) Bike Loop 1 EA $4,480.00 $4,480.00 $4,100.00 $4,100.00
25 Install Conduit into Existing Box (CB)5 EA $588.00 $2,940.00 $540.00 $2,700.00
26 Install City-furnished Type 23-4-100 Pole on New Foundation 1 EA $11,900.00 $11,900.00 $10,900.00 $10,900.00
27 Install City-furnished Type 24-4-100 Pole on New Foundation 1 EA $11,900.00 $11,900.00 $10,900.00 $10,900.00
28 Furnish & Install Signal Head Mount Type MAS 4 EA *$655 $2,620.00 $610.00 $2,440.00
29 Furnish & Install Signal Head Mount Type SV-1-T 1 EA $700.00 $700.00 $700.00 $700.00
30 Furnish & Install Signal Head Mount Type SV-3-TB 1 EA $1,330.00 $1,330.00 $1,220.00 $1,220.00
31 Furnish & Install Pedestrian Signal Head Mount SP-2-T 2 EA $1,071.00 $2,142.00 $1,000.00 $2,000.00
32 Furnish & Install Signal Conductors and Cables 1 LA $29,400.00 $29,400.00 $27,000.00 $27,000.00
33 Furnish & Install Opticom Model 721 EVP Detector 2 EA $1,148.00 $2,296.00 $1,100.00 $2,200.00
34 Remove and Salvage Existing Signs 7 EA $91.00 $637.00 $100.00 $700.00
35 Furnish and Install R73-3 (CA) (36x36)2 EA $721.00 $1,442.00 $660.00 $1,320.00
36 Relocate existing pull box and reterminate conduits 2 EA $700.00 $1,400.00 $640.00 $1,280.00
37 Furnish and Install No. 5 Pull Box 2 EA $910.00 $1,820.00 $830.00 $1,660.00
38 Connect new and existing conduits (CC)6 EA $1,260.00 $7,560.00 $1,150.00 $6,900.00
39 Remove In-Roadway Warning Lights 1 LS $4,640.00 $4,640.00 $2,150.00 $2,150.00
40 Install City-furnished Caltrans Type 1-B (15') pole on Existing Foundation 1 EA $2,352.00 $2,352.00 $2,150.00 $2,150.00
41 Install City-furnished Caltrans Type 1-B (15') pole on New Foundation 1 EA $4,480.00 $4,480.00 $4,100.00 $4,100.00
42 Relocate Type 15D electrolier on New Foundation 1 EA $8,680.00 $8,680.00 $8,000.00 $8,000.00
43 Furnish and Install R4-7 (24x30), OM1-1, and R3-4 (36x36) sign on galvanized steel pole 1 EA $608.00 $608.00 $580.00 $580.00
44 Furnish and Install R3-7 (36x36) sign on new telespar post 1 EA $405.00 $405.00 $380.00 $380.00
45 Furnish and Install Flexible Channelizer Posts 10 EA $101.00 $1,010.00 $95.00 $950.00
46 Furnish and Install Type 2 (OM 2-2H) Object Markers 1 LS $135.00 $135.00 $130.00 $130.00
47 Relocate existing pole and signs 3 EA $540.00 $1,620.00 $518.00 $1,554.00
48 Install reflective yellow paint on median nose curb (top and face)10 LF $27.00 $270.00 $26.00 $260.00
49 Remove Concrete (Vertical Curb)50 LF $45.00 $2,250.00 $20.00 $1,000.00
50 Remove Concrete (Curb and Gutter)178 LF $45.00 $8,010.00 $20.00 $3,560.00
51 Remove Concrete (Sidewalk and Ramp)1280 SF $9.00 $11,520.00 $16.00 $20,480.00
52 Remove Concrete (Median)47 SF $9.00 $423.00 $20.00 $940.00
53 Cold Plane Asphalt Concrete Pavement 145 SQYD $71.00 $10,295.00 $56.00 $8,120.00
54 Hot Mix Asphalt (Type A)47.3 TON $464.00 $21,947.20 $750.00 $35,475.00
55 Miscellaneous Concrete Construction (Curb and Gutter)168 LF $83.00 $13,944.00 $106.00 $17,808.00
56 Miscellaneous Concrete Construction (Vertical Curb)30 LF $83.00 $2,490.00 $96.00 $2,880.00
57 Miscellaneous Concrete Construction (Curb Ramp) 715 SF $23.00 $16,445.00 $32.00 $22,880.00
58 Miscellaneous Concrete Construction (Sidewalk)984 SF $17.00 $16,728.00 $21.00 $20,664.00
59 Miscellaneous Concrete Construction (Median)20 SF $23.00 $460.00 $23.00 $460.00
60 Miscellaneous Concrete Construction (Bioretention Structure)5 CY $4,092.00 $20,460.00 $7,600.00 $38,000.00
61 Detectable Warning Surface 88 SF $46.00 $4,048.00 $65.00 $5,720.00
62 Adjust Utility Box Frame and Cover 2 EA $300.00 $600.00 $350.00 $700.00
63 Convert Drainage Inlet to Manhole 1 EA $2,250.00 $2,250.00 $7,500.00 $7,500.00
64 Modify Drainage Inlet 1 EA $2,250.00 $2,250.00 $7,500.00 $7,500.00
65 Drainage Inlet (Type A)1 EA $9,800.00 $9,800.00 $87,000.00 $87,000.00
66 4" Perforated Plastic Pipe Underdrain 17 LF $20.00 $340.00 $14.00 $238.00
67 4" Plastic Pipe Cleanout with Cap 6 LF $95.00 $570.00 $105.00 $630.00
68 Bioretention Soil Mix 13.2 CY $220.00 $2,904.00 $170.00 $2,244.00
69 Class II Permeable Material 7.5 CY $220.00 $1,650.00 $200.00 $1,500.00
70 Streambed Cobblestone (4" Dia Max)0.4 CY $2,710.00 $1,084.00 $2,800.00 $1,120.00
71 Irrigation and Landscaping 1 LS $52,463.00 $52,463.00 $45,460.00 $45,460.00
72 Remove Existing Striping(Revocable)1238 LF $5.00 $6,190.00 $5.30 $6,561.40
73 Remove Existing Pavement Marking(Revocable)2 EA $338.00 $676.00 $320.00 $640.00
74 Field Adjust Signal Pole (incl. field drilling, adjusting mountings, and welding plugs)(Revocable)1 EA $4,995.00 $4,995.00 $4,800.00 $4,800.00
75 Install Green Methyl Methacrylate (MMA) Resin (Revocable)599 SF $16.00 $9,584.00 $15.00 $8,985.00
76 Furnish and Install Thermoplastic Detail 22 (incl. 4" cross-hatch)(Revocable) 270 LF $4.00 $1,080.00 $3.80 $1,026.00
77 Furnish and Install Thermoplastic Detail 27B (incl. 4" cross-hatch)(Revocable) 86 LF $2.00 $172.00 $2.00 $172.00
78 Furnish and Install Thermoplastic Detail 38 (incl. 4" cross-hatch)(Revocable) 190 LF $3.00 $570.00 $2.70 $513.00
79 Furnish and Install Thermoplastic Detail 39(Revocable)390 LF $2.00 $780.00 $2.00 $780.00
80 Furnish and Install Thermoplastic Detail 39A(Revocable)284 LS $2.00 $568.00 $2.00 $568.00
81 Furnish and Install Thermoplastic Yield Limit Line(Revocable)60 SF $15.00 $900.00 $14.00 $840.00
82 Furnish and Install Thermoplastic Type IV (R) Arrow(Revocable)2 EA $162.00 $324.00 $154.00 $308.00
83 Furnish and Install Thermoplastic Shared Lane Marking (Sharrow)(Revocable) 3 EA $178.00 $534.00 $170.00 $510.00
84 Furnish and Install Thermoplastic Bicycle Pavement Marking and Arrow(Revocable) 4 EA $202.00 $808.00 $200.00 $800.00
85 Furnish and Install "STOP" pavement marking(Revocable)1 EA $68.00 $68.00 $65.00 $65.00
86 Furnish and Install Thermoplastic Trail Crosswalk(Revocable)1 EA $297.00 $297.00 $280.00 $280.00
87 Furnish and Install Thermoplastic Crosswalk(Revocable)1 EA $2,565.00 $2,565.00 $2,400.00 $2,400.00
88 Furnish and Install Thermoplastic Crosswalk Striping (Conform)(Revocable) 1 LS $1,418.00 $1,418.00 $1,400.00 $1,400.00
89 Furnish and Install Non-Reflective Raised Pavement Markers(Revocable) 86 LF $3.25 $279.50 $3.00 $258.00
90 Install Green Traffic Paint(Revocable)599 SF $8.00 $4,792.00 $8.00 $4,792.00
91 Furnish and Install Traffic Paint Detail 22 (incl. 4" cross-hatch)(Revocable) 270 LF $3.25 $877.50 $3.20 $864.00
92 Furnish and Install Traffic Paint Detail 27B (incl. 4" cross-hatch)(Revocable) 86 LF $1.50 $129.00 $1.30 $111.80
93 Furnish and Install Traffic Paint Detail 38 (incl. 4" cross-hatch)(Revocable) 190 LF $2.75 $522.50 $2.60 $494.00
94 Furnish and Install Traffic Paint Detail 39(Revocable)390 LF $2.00 $780.00 $1.80 $702.00
95 Furnish and Install Traffic Paint Detail 39A(Revocable)284 LS $2.00 $568.00 $1.80 $511.20
96 Furnish and Install Traffic Paint Yield Limit Line(Revocable)60 SF $12.00 $720.00 $11.50 $690.00
97 Furnish and Install Traffic Paint Type IV (R) Arrow(Revocable)2 EA $122.00 $244.00 $115.00 $230.00
98 Furnish and Install Traffic Paint Shared Lane Marking (Sharrow)(Revocable) 3 EA $130.00 $390.00 $122.00 $366.00
99 Furnish and Install Traffic Paint Bicycle Pavement Marking and Arrow(Revocable) 4 EA $149.00 $596.00 $140.00 $560.00
100 Furnish and Install Traffic Paint "STOP" pavement marking(Revocable)1 EA $230.00 $230.00 $220.00 $220.00
101 Furnish and Install Traffic Paint Trail Crosswalk(Revocable)1 EA $2,835.00 $2,835.00 $2,600.00 $2,600.00
102 Furnish and Install Traffic Paint Crosswalk(Revocable)1 EA $1,343.00 $1,343.00 $1,270.00 $1,270.00
103 Furnish and Install Traffic Paint Crosswalk Striping (Conform)(Revocable)1 LS $68.00 $68.00 $64.00 $64.00
TOTAL *$636,761.70 $729,774.40
* Mathamatical summation error and a unit extension error
List of Sub-Contractors
SWPP Tully Consulting Group
Marine Landscape, Inc.
Electrical W. Bradley Electric W. Bradley Electric
Survey Benchmark Engineering, Inc.
Golden Bay Construction Inc.
Description Golden Bay Construction Inc. Sposeto Engineering Inc.
Striping and Signs
APPARENT LOW BIDDER
Sierra Traffic Markings, Inc. Sierra Traffic Markings, Inc.
Landscape Doms Landscaping, Inc.
Project No. :
PUBLIC WORKS DEPARTMENT
Sposeto Engineering Inc.
Modify existing controller cabinet foundation, incl. raising controller cabinet to temporary height
Pedestrian Improvements at the Amador Valley Boulevard/Wildwood Road and Amador Valeey BoulevardStagecoach Road
Intersections
DESCRIPTION
CITY OF DUBLIN
ENGINEERING DIVISION
BID SUMMARY
April 9, 2019
Project Name:
1
4.8.b
Packet Pg. 185 Attachment: 2. Bid Results (Award Pedestrian Improvements Project on Amador Valley Boulevard)
RESOLUTION NO. XX- 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO
GOLDEN BAY CONSTRUCTION INC. FOR AMADOR VALLEY BOULEVARD - WILDWOOD
ROAD AND STAGECOACH ROAD INTERSECTIONS IMPROVEMENTS, CIP NO. ST0317
WHEREAS, the design team completed plans and specifications for Amador Valley
Boulevard - Wildwood Road and Stagecoach Road Intersection Improvements, CIP No.
ST0317 (“Project”). The work includes installation of pedestrian warning lights, construction of
curb extension and improved roadway signage and markings at Wildwood Road; and the
modification of traffic signal and concrete median, curb ramp upgrades and improved roadway
signage and markings at Stagecoach Road; and
WHEREAS, the City of Dublin did, on April 2, 2019, 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
WHEREAS, Golden Bay Construction Inc’s bid contained a minor bid irregularity in that
there was mathematical error decreasing the proposed contract price by forty dollars ($40) and
the Public Contract Code and the City’s bid documents authorize the City to waive any minor
irregularity and proceed with the award of contract; and
WHEREAS, said bids were submitted to the Public Works Director, who has
recommended that the bid hereinafter is the lowest responsive 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 since the mathematical error only decreased the lowes t
responsible bid by forty dollars ($40).
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
award the Contract for the Project, to the lowest responsive bidder, Golden Bay Construction
Inc., at a bid of six hundred thirty six thousand seven hundred sixty one dollars and seventy
cents ($636,761.70), the particulars of which bid are on file in the Office of the Public Works
Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or his designee to approve the Project Contract Change Orders
based on the appropriate funds designated for the Project up to the contingency amount of
seventy five thousand dollars ($75,000).
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to
execute the Project Construction Agreement with Golden Bay Construction Inc.
4.8.c
Packet Pg. 186 Attachment: 3. Resolution Approving the Plans and Specifications and Awarding a Contract to Golden Bay Construction, Inc., for the Amador
PASSED, APPROVED AND ADOPTED this 7th day of May 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_____________________________
City Clerk
4.8.c
Packet Pg. 187 Attachment: 3. Resolution Approving the Plans and Specifications and Awarding a Contract to Golden Bay Construction, Inc., for the Amador
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Award of Contract to American Asphalt Repair and Resurfacing Co., Inc.
for the Annual Street Resurfacing Project “2019 Slurry Seal” (CIP No.
ST0117)
Prepared by: Michael Boitnott, Capital Improvement Program Manager
EXECUTIVE SUMMARY:
The City Council will consider approving the plans and specifications and awarding a
construction contract to American Asphalt Repair and Resurfacing Co., Inc. for the
Annual Street Resurfacing Project “2019 Slurry Seal” (CIP No. ST0117). The project will
resurface 81 city street segments with a slurry seal that will prolong the life of the
existing pavement surface.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract
to American Asphalt Repair and Resurfacing Co., Inc. for the Annual Street Resurfacing
Project “2019 Slurry Seal” (CIP No. ST0117).
FINANCIAL IMPACT:
The lowest responsive and responsible bid for construction was $1,392,302.00. A
construction contingency of $150,000.00 is requested for unforeseen construction
issues, bringing the total potential construction costs to $1,542,302.00. Sufficient
funding is available in the project budget to cover the construction contract costs.
DESCRIPTION:
The Five-Year Capital Improvement Program (CIP), adopted by City Council, includes
the Annual Street Resurfacing, CIP No. ST0117 (Attachment 1). The Annual Street
Resurfacing provides for various different types of pavement improvements from slurry
seal to major rehabilitation of roadways. The construction will include localized repair of
failed asphalt concrete pavement, slurry seal, and pavement delineation on 81 street
segments as shown on the Location Map (Attachment 2). The total project includes
approximately 2.3 million square feet of slurry seal and approximately 130,000 square
feet of pavement “Hot Mix Asphalt” dig out repairs. Slurry seal is a preventative
4.9
Packet Pg. 188
Page 2 of 2
maintenance technique used to prolong the life of asphalt concrete surfacing. As
streets begin to show wear and stress cracks, it is important to seal the cracks to keep
water from getting under the roadway pavement. Slurry consists of a sand/oil mixture
which seals cracks and provides a new uniform wearing surface.
The plans and specifications were completed and advertised for bids in March 2019. A
total of two sealed bids were received on April 23, 2019. A summary of the bids is
provided as Attachment 3. The low bid of $1,392,302.00 was submitted by American
Asphalt Repair and Resurfacing Co., Inc.
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 4), awarding the project construction contract to American
Asphalt Repair and Resurfacing Co., Inc., as the lowest responsive bidder. To facilitate
the approval of contract change orders and to avoid construction delay, i t is requested
that the City Manager be authorized to approve change orders up to the contingency
amount of $150,000.00. The Resolution will authorize this change as it relates to this
project.
Staff expects the project to begin in early June 2019 and an ticipates completion by the
end of September 2019. To minimize impact to school-related vehicular, bicycle, and
pedestrian traffic, the contract specifications require the contractor to diligently pursue
all work items adjacent schools prior to August 10.
This project is exempt under Section 15301 (Existing Facilities) of the CEQA
Guidelines.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to American Asphalt Repair and Resurfacing Co.,
Inc. and to the Alameda County Transportation Commission, Independent Watchdog
Committee.
ATTACHMENTS:
1. ST0117 - Annual Street Resurfacing
2. 2019 Slurry Seal, Project Location Map
3. Bid Results
4. Resolution Approving Plans and Specifications and Awarding a Contract to American
Asphalt Repair and Resurfacing Co., Inc., for the “2019 Slurry Seal” Project
4.9
Packet Pg. 189
Streets City of Dublin Capital Improvement Program 2018-2023 Page 56 Number – ST0117 ANNUAL STREET RESURFACING Program – STREETS PROJECT DESCRIPTION This project provides for a variety of pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction. The project also includes installation of new or upgrade of existing ADA curb ramps on roads that are reconstructed or receive an asphalt concrete overlay. Streets are selected for improvements based on the City's Pavement Management System to optimize the pavement condition in relation to available budget. The City owns and maintains approximately 120 centerline miles of streets. The Metropolitan Transportation Commission groups Pavement Condition Index (PCI) ratings into the following categories: 80-100 Very Good-Excellent; 70-79 Good, 60-69 Fair, 50-59 At Risk, 25-49 Poor, and 0-24 Failed. The City of Dublin is rated very good with a rolling three-year average PCI of 85. This annual Resurfacing Program is primarily funded by Alameda County Transportation Commission (ACTC919) Measure B/BB funds and Gas Tax. This program protects the substantial investment the City has in the public street system. ANNUAL OPERATING IMPACT: None MANAGING DEPARTMENT: Public Works 2018-2023 CAPITAL IMPROVEMENT PROGRAM ESTIMATED COSTS PRIOR YEARS 2017-2018 BUDGET2018-20192019-20202020-20212021-20222022-2023FUTURE YEARS TOTALS 9100 - Salaries & Benefits $6,626 $76,834 $32,880 $32,880 $32,880 $32,880 $32,880 $247,860 9200 - Contract Services $25,313 $375,287 $240,000 $240,000 $340,000 $340,000 $340,000 $1,900,600 9400 - Improvements $87,124 $2,846,632 $1,444,410$1,390,000 $1,840,000 $1,840,000 $1,840,000 $11,288,166 9500 - Miscellaneous $476 $9,525 $8,710 $9,120 $7,120 $7,120 $7,120 $49,191 TOTAL $119,539$3,308,278$1,726,000$1,672,000$2,220,000$2,220,000$2,220,000$13,485,817 4.9.aPacket Pg. 190Attachment: 1. ST0117 - Annual Street Resurfacing (Award Slurry Seal Contract)
Streets City of Dublin Capital Improvement Program 2018-2023 Page 57 FUNDING SOURCE PRIOR YEARS 2017-2018 BUDGET2018-20192019-20202020-20212021-20222022-2023FUTURE YEARS TOTALS 2201 - State Gas Tax $2,022,100 $786,000 $952,000 $450,000 $380,000 $380,000 $4,970,100 2204 - Measure B Sales Tax - Local Streets Fund (ACTC) $119,539 $465,462 $180,000 $220,000 $580,000 $600,000 $600,000 $2,765,001 2205 - Measure B Sales Tax - Bike & Pedestrian Fund (ACTC) $100,000 $100,000 2214 - Measure BB Sales Tax - Local Streets Fund (ACTC) $790,000 $300,000$200,000 $200,000 $250,000 $250,000 $1,990,000 2215 - Measure BB Sales Tax - Bike & Pedestrian Fund (ACTC) $100,000 $100,000 2220 - Road Maint. & Rehab. Account (RMRA) $30,716 $100,000 $300,000 $990,000 $990,000 $990,000 $3,400,716 2304 - Local Recycling Programs $160,000 $160,000 TOTAL $119,539$3,308,278$1,726,000$1,672,000$2,220,000$2,220,000$2,220,000$13,485,817 ANNUAL OPERATING IMPACT 4.9.aPacket Pg. 191Attachment: 1. ST0117 - Annual Street Resurfacing (Award Slurry Seal Contract)
Location Map Attachment 1
4.9.b
Packet Pg. 192 Attachment: 2. 2019 Slurry Seal, Project Location Map (Award Slurry Seal Contract)
Project Name: Annual Street Resurfacing "2019 Slurry Seal Project"
Bid Date: April 23, 2019
BASED BID
ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension
1 1 LS $22,000.00 $22,000.00 $20,000.00 $20,000.00
2 1 LS $45,000.00 $45,000.00 $80,000.00 $80,000.00
3 1 LS $4,500.00 $4,500.00 $30,000.00 $30,000.00
4 1 LS $2,500.00 $2,500.00 $5,000.00 $5,000.00
5 1 LS $37,000.00 $37,000.00 $40,000.00 $40,000.00
6 1 LS $75,000.00 $75,000.00 $90,000.00 $90,000.00
7 130,000 SF $4.50 $585,000.00 $4.25 $552,500.00
8 200 SF $10.00 $2,000.00 $50.00 $10,000.00
9 1 LS $32,818.00 $32,818.00 $25,000.00 $25,000.00
10 1 LS
$475,000.00 $475,000.00 $750,000.00 $750,000.00
11 1 LS
$10,000.00 $10,000.00 $15,000.00 $15,000.00
12 130 EA
$25.00 $3,250.00 $30.00 $3,900.00
13 4,600 SF
$5.00 $23,000.00 $6.00 $27,600.00
14 3,400 LF
$0.80 $2,720.00 $1.00 $3,400.00
15 18,600 LF
$1.60 $29,760.00 $1.75 $32,550.00
16 7,600 LF
$0.80 $6,080.00 $0.90 $6,840.00
17 270 LF
$3.20 $864.00 $3.50 $945.00
18 150 LF
$3.00 $450.00 $4.00 $600.00
19 520 LF
$3.00 $1,560.00 $4.00 $2,080.00
20 2,500 LF
$2.00 $5,000.00 $2.20 $5,500.00
21 3,800 LF
$4.00 $15,200.00 $4.50 $17,100.00
22 3,100 LF
$4.00 $12,400.00 $4.50 $13,950.00
23 600 LF $2.00 $1,200.00 $2.50 $1,500.00
TOTAL $1,392,302.00 $1,733,465.00
American Asphalt Repair &
Resurfacing Co., Inc.
Tree Trimming
O' Grady Paving, Inc.
Pavement Delineation
(Blue Reflective Markers)
Asphalt Conform at 8th Street and Dougherty Road
CITY OF DUBLIN
ENGINEERING DIVISION
BID SUMMARY
Project No. : ST0117
PUBLIC WORKS DEPARTMENT
DESCRIPTION
Mobilization (Not to Exceed 10% of Total Bid)
HMA Digout Repair (6" Thick)
Traffic stripes and pavement markings
(4" White stripe - Thermoplastic)
Traffic stripes and pavement markings
(12" White stripe - Thermoplastic)
Traffic stripes and pavement markings
(Detail 28 - Thermoplastic)
Polymer Modifed Quick-Setting Slurry Seal "Type II" on Amador Valley
Blvd. (Revocable if not used)
Traffic stripes and pavement markings
(12" Yellow stripe - Thermoplastic)
Painted Curb
Traffic stripes and pavement markings
(Detail 27B - Thermoplastic)
Traffic stripes and pavement markings
(Detail 1 - Thermoplastic)
Traffic Control (Not to Exceed 10% of Total Bid)
Remove Existing Stripes and Pavement Markers
Water Pollution Control Work
Rubberized Asphalt Crack Seal
HMA Digout Repair (3" Thick)
Traffic stripes and pavement markings
(Detail 38 - Thermoplastic)
Polymer Modified Quick-Setting Slurry Seal "Type II"
See Plan Sheets for Approximated Area
Traffic stripes and pavement markings
(Detail 31 - Thermoplastic)
Traffic stripes and pavement markings
(Thermoplastic Pavement Markings)
Traffic stripes and pavement markings
(Detail 22 - Thermoplastic)
1
4.9.c
Packet Pg. 193 Attachment: 3. Bid Results [Revision 1] (Award Slurry Seal Contract)
RESOLUTION NO. XX- 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO
AMERICAN ASPHALT REPAIR AND RESURFACING CO., INC., FOR THE ANNUAL STREET
RESURFACING PROJECT “2019 SLURRY SEAL,” CIP NO. ST0117
WHEREAS, the design team completed plans and specifications for the Annual Street
Resurfacing Project “2019 Slurry Seal”, CIP No. ST0117, (“Project”). The work includes
localized repair of failed asphalt concrete pavement, slurry seal, and pavement delineation on
81 street segments; and
WHEREAS, the City of Dublin did, on April 23, 2019, 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
WHEREAS, said bids were submitted to the Public Works Director, who has
recommended that the bid hereinafter is the lowest responsive 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 h ereby
award the Contract for the Project, to the lowest responsive bidder, American Asphalt Repair
and Resurfacing Co., Inc., at a bid of one million three hundred ninety-two thousand, three
hundred two dollars and zero cents ($1,392,302.00), the particulars of which bid are on file in
the Office of the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or his designee to approve th e Project Contract Change Orders
based on the appropriate funds designated for the Project up to t he contingency amount of one-
hundred fifty thousand dollars and zero cents ($150,000.00).
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to
execute the Project Construction Agreement with American Asphalt Repair and Resurfacing
Co., Inc.
PASSED, APPROVED AND ADOPTED this 7th day of May 2019, by the following vote:
AYES:
NOES:
ABSENT:
4.9.d
Packet Pg. 194 Attachment: 4. Resolution Approving Plans and Specifications and Awarding a Contract to American Asphalt Repair and Resurfacing Co., Inc.,
ABSTAIN:
________________________________________
Mayor
ATTEST:
_____________________________
City Clerk
4.9.d
Packet Pg. 195 Attachment: 4. Resolution Approving Plans and Specifications and Awarding a Contract to American Asphalt Repair and Resurfacing Co., Inc.,
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Traffic Signal Maintenance Budget Adjustment
Prepared by: Colleen Tribby, Director of Administrative Services
EXECUTIVE SUMMARY:
The City Council will consider increasing the budget for traffic signal maintenance to
cover unanticipated maintenance costs.
STAFF RECOMMENDATION:
Approve the budget change.
FINANCIAL IMPACT:
Approval of the budget change will increase the budget for Traffic Signal Maintenance
by $115,000, funded by Vehicle Registration Fee, Measure B/BB, Traffic Safety, and
State Gas Tax. There is no impact to the General Fund.
DESCRIPTION:
The Traffic Signal Maintenance program provides for the maintenance of the City’s
traffic signals, traffic safety infrastructure, associated equipment, and the
communication system that links signals to the traffic operations center in City Hall. An
increase in the Traffic Signal Maintenance bud get is requested due to an increase in
expenditures related to unanticipated maintenance needs of aging traffic safety
infrastructure, such as speed feedback signs and pedestrian flashing lights.
Additionally, there has been an increase in construction-related inspection and testing
work at several signalized intersections.
The funding sources and fund amounts for the proposed budget change are as follows:
4.10
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Page 2 of 2
FUND SOURCE INCREASE TO
APPROPRIATION
2212 Vehicle Registration Fee $ 25,000
2214 Measure B/BB $ 40,000
2106 Traffic Safety $ 20,000
2201 State Gas Tax $ 30,000
TOTAL: $ 115,000
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Budget Change Form
4.10
Packet Pg. 197
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Special Revenue Funds - Traffic Signals - Contract Services
2212.2801.64001 (Vehicle Registration Fee)$25,000.00
2214.2801.64001 (Measure BB - Local Streets)$40,000.00
2106.2801.64001 (Traffic Safety)$20,000.00
2201.2801.64001 (State Gas Tax)$30,000.00
5/7/2019
Posted By:Date:
**********Finance Use Only**********
As Presented at the City Council Meeting
Increase in traffic signal maintenance needs citywide due
to a combination of increased traffic signal inventory,
requiring inspections and testing, as well as an overall
increase to maintenance needs throughout the City as
systems age.
CITY OF DUBLIN
FISCAL YEAR 2018-19
BUDGET CHANGE FORM
City Council's Approval Required
OPERATING EXPENDITURES
\\cc-uem\users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\4593 4593
4.10.a
Packet Pg. 198 Attachment: 1. Budget Change Form (Traffic Signal Maintenance)
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Consideration of an Amendment to the Memorandum of Understanding for
Animal Shelter Services
Prepared by: Hazel L. Wetherford, Economic Development Director
EXECUTIVE SUMMARY:
The City Council will consider approval of a second amendment to the Memorandum of
Understanding for Animal Shelter Services between the cities of Dublin, Livermore and
Pleasanton, and the County of Alameda.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Second Amendment to the Memorandum of
Understanding for Animal Shelter Services.
FINANCIAL IMPACT:
The Amendment will not increase the initial amount of the Memora ndum of
Understanding.
DESCRIPTION:
In 1992, the cities of Dublin, Livermore and Pleasanton, and the County of Alameda
entered into an agreement to jointly pay for the construction cost of a new East County
Animal Shelter located at 4595 Gleason Avenue in Dublin, California. The Shelter
currently serves the cities of Dublin, Livermore and Pleasanton and unincorporated
areas of Alameda County. Since its opening in 1995, the Shelter has been operated by
the Alameda County Sheriff’s Office.
In 1996, the cities conducted a Request for Proposal process to identify the most
qualified shelter provider. The Alameda County Sheriff’s Office was the only agency that
submitted a proposal and the cities and County determined that it was well qualified to
operate the Shelter and a Memorandum of Understanding (MOU) was approved
memorializing its responsibilities.
4.11
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Page 2 of 2
Shelter operations are monitored by the Shelter Operations Advisory Committee which
consists of one staff representative from each of the cities and Alameda County. The
Committee meets on a quarterly basis with the staff from the Sheriff’s Office responsible
for shelter operations.
The costs of operating the East County Animal Shelter include, but are not limited to
building maintenance, supplies, professiona l veterinary services and salaries and
benefits. The agencies also pay debt service on the building. These costs are allocated
among the agencies by percentage based upon the live animal count in the shelter on
December 31 of each year. Dublin has been allocated 12.27% of the costs for FY 19-
20, for an approximate total amount of $209,762. Previously, Dublin’s portion of costs
were $179,015 (10.64%) for fiscal year 18-19.
The current First Amendment to the MOU expires on June 30, 2019, and the MOU
includes an option to extend the agreement term for one more two -year period upon
mutual agreement of the parties. The Second Amendment to the MOU (Attachment 2)
will extend the term for a two-year period from July 1, 2019 to June 30, 2021.
The proposed amendment has been negotiated by the Alameda County Sheriff’s Office
and representatives of the Shelter Operations Advisory Committee. Concurrent with the
City of Dublin, the cities of Livermore and Pleasanton are recommending the
amendment for approval. Following the cities’ approval of the Second Amendment to
the MOU, the document will be presented to the Alameda County Board of Supervisors
for their approval.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Approving the Second Amendment to Memorandum of Understanding for
Animal Shelter Services
2. Exhibit A to the Resolution - Second Amendment to Memorandum of Understanding
4.11
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RESOLUTION NO. XX-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING A SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR
ANIMAL SHELTER SERVICES
WHEREAS, on June 3, 2014, the City approved the Memorandum of Understanding
(MOU) with the Alameda County Sheriff’s Office for the operation of the East County Animal
Shelter; and
WHEREAS, on June 6, 2017, the City Council approved Resolution No. 67-17 approving
the First Amendment to MOU; and
WHEREAS, the First Amendment to MOU expires on June 30, 2019, and the MOU
includes an option to extend the agreement term for one more two-year period upon mutual
agreement of the parties; and
WHEREAS, Staff is seeking City Council approval to extend the term of the MOU for a
second two-year period ending June 30, 2021.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Second Amendment to Memorandum of Understanding for Animal Shelter
Services between the cities of Dublin, Livermore and Pleasanton, and the County of Alameda,
and the Alameda County Sheriff’s Office; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment, attached hereto as Exhibit A to this Resolution, in substantially the form attached
with such changes as are deemed appropriate by the City Manager.
PASSED, APPROVED AND ADOPTED this 7th day of May, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
______________________________
City Clerk
4.11.a
Packet Pg. 201 Attachment: 1. Resolution Approving the Second Amendment to Memorandum of Understanding for Animal Shelter Services (Second
Page 1 of 2
SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING
ANIMAL SHELTER SERVICES
This Second Amendment to Memorandum of Understanding (“Second Amendment”) is
made by the County of Alameda by and through the Alameda County Sheriff’s Office
(“OPERATOR” or “ACSO”) and the cities of Dublin, Livermore and Pleasanton,
hereinafter referred to collectively and individually as (“PARTICIPATING ENTITIES”) with
respect to that certain Memorandum of Understanding entered by them on July 1, 2014
(”MOU”) pursuant to which OPERATOR provides animal shelter service to the
PARTICIPATING ENTITIES.
RECITALS
WHEREAS, OPERATOR and PARTICIPATING ENTITIES entered into an MOU
effective July 1, 2014; and
WHEREAS, OPERATOR and PARTICIPATING ENTITIES have previously
extended the MOU one time; and
WHEREAS, the Parties again desire to extend the term of the MOU in accordance
with Section VIII of the MOU;
NOW THEREFORE in consideration of the faithful performance of the terms,
conditions, promises and representations contained in this Second Amendment to the
MOU, and the continuing provisions of the MOU, the parties agree to extend the MOU as
follows:
1) Operator and Participating entities agree to amend the MOU in the following
respects:
a. Extend the term of the MOU by two fiscal years for a new contract term of
July 1, 2019 to June 30, 2021.
2) Except as expressly modified by this Second Amendment, the terms and
conditions of the MOU shall remain in full force and effect and be binding on the
parties as if the provisions of the MOU were fully set forth in this Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment
to the Memorandum of Understanding to be executed as of the date and year first
above written.
4.11.b
Packet Pg. 202 Attachment: 2. Exhibit A to the Resolution - Second Amendment to Memorandum of Understanding (Second Amendment to MOU for Animal
Page 2 of 2
CITIES:
By: __________________________
Christopher L. Foss
City Manager
City of Dublin
By: __________________________
Marc Roberts
City Manager
City of Livermore
By: __________________________
Nelson Fialho
City Manager
City of Pleasanton
COUNTY OF ALAMEDA:
By: __________________________
Gregory J. Ahern
Sheriff
By: __________________________
John D. Bakker
Dublin City Attorney
Approved as to form
By: __________________________
Jason Alcala
Livermore City Attorney
Approved as to form
By: __________________________
Dan Sodergren
Pleasanton City Attorney
Approved as to form
By: __________________________
Eva Schueller
County Counsel
Approved as to form
By signing above, signatory warrants and represents that he/she executed this
Agreement in his/her authorized capacity and that by his/her signature on this
Agreement, he/she or the entity upon behalf of which he/she acted, executed this
Agreement.
4.11.b
Packet Pg. 203 Attachment: 2. Exhibit A to the Resolution - Second Amendment to Memorandum of Understanding (Second Amendment to MOU for Animal
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Affordable Housing Week Proclamation
Prepared by: Jim Bergdoll, Senior Planner
EXECUTIVE SUMMARY:
The City will consider proclaiming Affordable Housing Week in the City of Dublin for the
week of May 9 through 19, 2019.
STAFF RECOMMENDATION:
Present the Proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
In recognition of the importance of access to safe and affordable housing, the City of
Dublin has established a goal of expanding housing opportunities for all segments of
Dublin’s population (Goal B of the 2015 -2023 Housing Element). The City promotes and
facilitates the development of high quality affordable housing for households at a wide
range of income levels and with a variety of housing needs and preferences.
The City of Dublin has a deed-restricted affordable housing stock of over 1,380
residences, including single-family homes, condominiums, apartments, and accessory
dwelling units. In addition, the City offers home purchase assistance through the First
Time Homebuyer Loan Program and Mortgage Credit Certificates (administered through
Alameda County’s Housing and Community Development Department), as well as
home rehabilitation and modification loans and grants (administered by Alameda
County’s Healthy Homes Department), and financing opportunities using Measure A1
bond funds. Additionally, the City of Dublin will also be seeking Measure A1 bond funds
to create additional affordable housing.
Recognizing the regional need for affordable housing, the City of Dublin is actively
engaged in a variety of solutions that address the unique needs of the Dublin
4.12
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Page 2 of 2
community and the Tri-Valley as a whole. The City participates with our neighboring
cities, Alameda County, and non-profit housing organizations to plan and implement
creative, safe, high-quality, and well-managed affordable housing communities. As part
of this effort we recognize the 23rd anniversary of Affordable Housing Week in Alameda
County. Several events are planned throughout the region, a complete list of events
can be found online at the East Bay Housing Organization’s website at www.ebho.org.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Proclamation for Affordable Housing Week
4.12
Packet Pg. 205
A Proclamation of the City Council
City of Dublin, California
"Affordable Housing Week"
WHEREAS, quality affordable housing is vital to healthy, safe, vibrant, and diverse
communities; and
WHEREAS, affordable homes are part of the solution to homelessness and provide support to
seniors, families, youth, veterans, and people with disabilities; and
WHEREAS, the rising cost of housing threatens our region’s diversity and economic prosperity;
and
WHEREAS, creating new permanently affordable homes and preserving and improving existing
housing helps our residents maintain community roots and encourages racial and economic
diversity for generations; and
WHEREAS, affordable homes close to public transit and jobs reduce greenhouse gas emissions
and provide low income families better access to opportunities and amenities; and
WHEREAS, non-profit organizations, local jurisdictions, community organizations and many
others continue to build inclusive communities by providing shelter, homes and support for low-
income people and those with special needs; and
WHEREAS, local jurisdictions like the City of Dublin can play an important role by supporting
investments in affordable housing; and
WHEREAS, East Bay Housing Organizations has organized Affordable Housing Week for 23
years and will feature numerous events acknowledging the need for and benefits of affordable
housing.
THEREFORE, BE IT RESOLVED, that we, the City Council, hereby proclaim May 9th – 18th,
2019 as “Affordable Housing Week” in the City of Dublin; and the City will continue to work
to support affordable housing at the local, regional, and state level, and will encourage Dublin
residents to participate in Affordable Housing Week activities.
DATED: May 7, 2019
4.12.a
Packet Pg. 206 Attachment: 1. Proclamation for Affordable Housing Week (Affordable Housing Week Proclamation)
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Ordinance Amending Chapter 2.12 (Planning Commission) and Resolution
Amending Bylaws and Rules of Procedure to Add Alternate Commission
and Committee Member Positions
Prepared by: John Bakker, City Attorney
EXECUTIVE SUMMARY:
The City Council will consider amending Chapter 2.12 of the Dublin Municipal Code
related to the composition of the Planning Commission to add two alternate
commissioner positions. The City Council will also consider amending certain Bylaws
and Rules of Procedure to add two alternate commission or committee member
positions to the Human Services Commission, Parks & Community Services
Commission, and Senior Center Advisory Committee, and to add one alternate
commission member position to the Heritage & Cultural Arts Commission.
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE the Ordinance of the City of Dublin Amending
Chapter 2.12 (Planning Commission) of the Dublin Municipal Code to Add Alternate
Commissioner Positions; and adopt the Resolution Approving Amendments to the
Bylaws and Rules of Procedure of the Human Services Commission, Parks &
Community Services Commission, Senior Center Advisory Committee, and Heritage &
Cultural Arts Commission to Add Alternate Commissioner or Committee Member
Positions.
FINANCIAL IMPACT:
Additional funding will be included in the Fiscal Year 2019-20 budget to cover the
compensation of additional commissioners/committee members, as well as funding for
training and technology equipment.
DESCRIPTION:
At its January 8, 2019 meeting, the City Council requested that Staff bring back a report
regarding the establishment of alternates on the various City commissions and
committees, as well as a mechanism for selecting alternates to fill unscheduled
vacancies. The City’s commissions and committees consist of the Heritage and Cultural
7.1
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Page 2 of 3
Arts Commission, Human Services Commission, Parks and Community Services
Commission, Planning Commission, Senior Center Advisory Committee, and Youth
Advisory Committee.
Staff presented its report to the City Council on March 19, 2019. The City Council
directed Staff to bring back an item that amends current byla ws in order to use
alternates for the City’s commissions and committees as follows: The Planning
Commission, Human Services Commission, Parks & Community Services Commission,
and Senior Center Advisory Committee will add two alternates. The Heritage & Cult ural
Arts Commission will add one alternate. The Youth Advisory Committee will not add any
additional alternates.
Per the City Council’s direction, alternates can fully participate as a commissioner or
committee member, except an alternate may vote only when he or she is filling an
absence or vacancy of a regular member. The alternate designated A1 may vote when
there is an absence or vacancy. The alternate designated A2 may vote when there is a
second absence or vacancy.
When a vacancy occurs, alternates will not become regular members automatically but
will be considered as an applicant without submitting an application. Terms for alternate
members are two years, which will not apply to the term limit as a regular member. The
first set of term limits will expire in December 2020. Alternates are subject to the same
attendance policy as regular members and receive comparable compensation to regular
members.
Staff recommends that alternate members be trained in the same manner as regular
members (e.g. as to onboarding, conference registration and attendance, AB 1234
ethics training, and Brown Act training). Additionally, Staff recommends equipping
alternates with the necessary technological infrastructure, such as laptops with the
requisite software and applications.
The City Council also directed Staff to provide a report one year after implementation of
the amendments for City Council review.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A courtesy copy of the staff report has been provided to members of the impacted
Commissions and Committees.
ATTACHMENTS:
1. Ordinance Amending Chapter 2.12 (Planning Commission) of the Dublin Municipal
Code
2. Resolution Approving Amendments to the Bylaws and Rules of Procedure of the
Commissions and Committees
3. Exhibits A - D to the Resolution
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Page 3 of 3
4. Commission and Committee Bylaws - Redline Copies
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ORDINANCE NO. __ - 19
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING
CHAPTER 2.12 (PLANNING COMMISSION) OF THE DUBLIN MUNICIPAL CODE
TO ADD ALTERNATE COMMISSIONER POSITIONS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1:
Section 2.12.020 of Chapter 2.12 of the Dublin Municipal Code is amended as follows
(with additions underlined once and deletions in strikethrough):
2.12.020 Membership—Appointment—Term—Removal.
A. The Planning Commission shall consist of five (5) members (“members” or
“Planning Commissioners”) and two (2) alternate members (“alternates” or
“Alternate Planning Commissioners”). One alternate shall be appointed as first
alternate or “A1”. The other alternate shall be appointed as second alternate or “A2”.
They Members shall be appointed for a term of four (4) years. Alternates shall be
appointed for a term of two (2) years. Terms shall begin in January following even-
numbered election years and end in December of even -numbered years (or until
successors are appointed). If a vacancy occurs otherwise than by expiration of term,
it shall be filled by appointment for the unexpired portion of the term. In the event of
a Commission vacancy, alternates will be considered without submitting a new
application unless alternate notifies the Clerk that he or she does not want to be
considered for appointment to the vacancy.
B. Members and alternates shall be appointed to the Planning Commission by the
Mayor, subject to the approval of the City Council. A Planning Commissio ner or
Alternate Planning Commissioner can be removed at any time during the
Commissioner’s term of office by a majority of the City Council. Removal and
appointment of Planning Commission members and alternates shall be made only
at a regularly scheduled meeting of the City Council. Members and alternates of the
Planning Commission shall be residents of the city.
C. Planning Commission members and alternates should endeavor to attend all regular
and special meetings of the Planning Commission. The Secretary to the Planning
Commission shall provide the Mayor with monthly attendance reports and a
quarterly overview of attendance by Committee members and alternates. After the
third absence from a regularly scheduled Planning Commission meeting within any
twelve (12) month period, said Planning Commissioner or Alternate Planning
Commissioner automatically vacates his or her office.
D. Members and alternates shall attend regular and special Planning Commission
meetings in person. Members will not be permitted to u se teleconference to attend
any Planning Commission meeting.
Section 2:
7.1.a
Packet Pg. 210 Attachment: 1. Ordinance Amending Chapter 2.12 (Planning Commission) of the Dublin Municipal Code (Approval of Alternates to
Section 2.12.030 of Chapter 2.12 of the Dublin Municipal Code is amended as follows:
2.12.030 Expenses and compensation.
Planning Commission members and alternates shall be entitled to reimbursement for expenses
as the City Council may approve. In addition, Planning Commission members and alternates
shall be paid fifty dollars ($50) for each meeting attended, to a maximum of three (3) meetings
in a calendar month; provided, that Commission members and alternates shall not be deemed
to be city employees by virtue of such payment.
Section 3:
Section 2.12.040 of Chapter 2.12 of the Dublin Municipal Code is amended as follows:
2.12.040 Chairman—Rules—Records—Meetings.
A. The Planning Commission shall elect a Chairperson and Vice Chairperson from its
membership by simple majority vote at the first meeting of the year. The Commission shall,
unless no Commissioners meet the criteria, elect Commissioners to the positions that have
not previously served in the position and that have not declined the appointment, with the
intent that no one should serve in the position for two (2) consecutive years. Alternates are
not eligible to serve as Chairperson or Vice Chairperson. In the absence or disability of
either the Chairperson or Vice Chairperson, the Commission may designate a temporary
Chairperson.
B. Unless there is no business to be transacted, the Commission shall hold at least one (1)
regular meeting each month and such other meetings as may be necessary.
C. The Commission shall adopt rules for the transaction of its business.
D. No official action shall be transacted by less than the affirmative vote of a majority of the
quorum present. In the event of a tie vote, the motion fails; ano ther motion may be
entertained to break the tie.
E. Not less than three (3) affirmative votes shall be required to recommend matters to the City
Council for adoption. The City Manager or City Manager’s designee shall serve as the
Secretary to the Planning Commission.
F. Alternates shall participate in all Planning Commission matters except that alternates shall
vote only in the event of an absence of a member or of a vacancy on the Commission. In
such event, the first alternate shall participate as a voti ng member for the duration of the first
occurring absence or vacancy. The second alternate shall participate as a voting member
for the duration of the second occurring absence or vacancy or for the duration of the first
occurring absence or vacancy if the first alternate is vacant or absent.
Section 4:
Section 2.12.060 of Chapter 2.12 of the Dublin Municipal Code is amended as follows:
7.1.a
Packet Pg. 211 Attachment: 1. Ordinance Amending Chapter 2.12 (Planning Commission) of the Dublin Municipal Code (Approval of Alternates to
2.12.060 Term limits.
No person shall serve as a Planning Commissioner for more than two (2) consecutive four (4)
year terms. As used herein, a person shall be considered to have served a term of office as a
Planning Commissioner if such person has served as a Planning Commissioner for two (2)
years plus one (1) day. No term limit shall apply to Alternate Planning Commissioners.
Section 5. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, sections, words or
parts thereof of the ordinance or their applicability to other persons or circumstances.
Section 6. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 7. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933
of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this ____ day of May, 2019.
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
7.1.a
Packet Pg. 212 Attachment: 1. Ordinance Amending Chapter 2.12 (Planning Commission) of the Dublin Municipal Code (Approval of Alternates to
RESOLUTION NO. XX-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AMENDMENTS TO THE BYLAWS AND RULES OF
PROCEDURE OF THE HUMAN SERVICES COMMISSION, PARKS &
COMMUNITY SERVICES COMMISSION, SENIOR CENTER ADVISORY
COMMITTEE, AND HERITAGE & CULTURAL ARTS COMMISSION TO ADD
ALTERNATE COMMISSIONER OR COMMITTEE MEMBER POSITIONS
WHEREAS, the City Council desires to add two alternate commissioner positions to
the Planning Commission, Human Services Commission, and Parks & Community
Services Commission; two alternate committee member positions to the Senior Center
Advisory Committee; and one alternate commissioner position to the Heritage & Cultural
Arts Commission; and
WHEREAS, at its January 8, 2019 meeting, the City Co uncil directed Staff to bring
back a report on the establishment of alternates on the various City commissions and
committees, as well as a mechanism for selecting alternates to fill unscheduled
vacancies; and
WHEREAS, on March 19, 2019, the City Council d irected Staff to bring back an item
that amends current bylaws to add alternate member positions as specified by the City
Council; and
WHEREAS, the alternate commissioner positions for the Planning Commission
cannot be added by resolution and will be considered separately as an ordinance; and
WHEREAS, an amended City of Dublin Human Services Commission Bylaws and
Rules of Procedure is attached hereto as Exhibit A; and
WHEREAS, an amended City of Dublin Parks & Community Services Commission
Bylaws and Rules of Procedure is attached hereto as Exhibit B; and
WHEREAS, an amended City of Dublin Senior Center Advisory Committee Bylaws
and Rules of Procedure is attached hereto as Exhibit C; and
WHEREAS, an amended City of Dublin Heritage & Cultural Arts Commission Bylaws
and Rules of Procedure is attached hereto as Exhibit D; and
WHEREAS, the City Council also directed staff to prepare a report one year after
implementation for City Council review.
7.1.b
Packet Pg. 213 Attachment: 2. Resolution Approving Amendments to the Bylaws and Rules of Procedure of the Commissions and Committees (Approval of
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin
hereby adopts the amended Bylaws and Rules of Procedure for the following City of
Dublin commissions and committee: Human Services Commission (Exhibit A); Parks &
Community Services Commission (Exhibit B); Senior Center Advisory Committee
(Exhibit C); and Heritage & Cultural Arts Commission (Exhibit D).
BE IT FURTHER RESOLVED that the City Manager is authorized to administer the
training of alternate members in the same manner as regular members and equip
alternate members with the necessary technological infrastructure, such as laptops with
the requisite software and applications.
BE IT FURTHER RESOLVED that the City Manager shall distribute clean copies of
these bylaws to the City Council and respective commission and committee members.
The City Manager shall also provide a report one year after implementation of the
amendments for City Council review.
PASSED, APPROVED, AND ADOPTED this 7th day of May 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
David Haubert, Mayor
ATTEST:
________________________________
Caroline Soto, City Clerk
APPROVED AS TO FORM:
_____________________________
John Bakker, City Attorney
3056327.1
7.1.b
Packet Pg. 214 Attachment: 2. Resolution Approving Amendments to the Bylaws and Rules of Procedure of the Commissions and Committees (Approval of
___________________________________________________________________________
Bylaws and Rules of Procedure Page 1 of 4
Human Services Commission May 7, 2019
CITY OF DUBLIN
HUMAN SERVICES COMMISSION
BYLAWS AND RULES OF PROCEDURE
ARTICLE I
GENERAL PROVISIONS
Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of
Procedure of the Human Services Commission of the City of Dublin. A copy of these Rules and
amendments thereto, shall be filed in the offices of the City Clerk for examination by the public.
Section 2. These Rules and any amendments hereto shall be effective on the date
of the adoption hereof, and shall govern the meetings and activities of the Commission.
ARTICLE II
COMMISSION COMPOSITION AND METHOD OF APPOINTMENT
Section 1. The Human Services Commission shall be composed of five (5) members
(“members” or “Commissioners”) and two (2) alternate members (“alternates” or “Alternate
Commissioners”). One alternate shall be designated as first alternate or “A1.” The other
alternate shall be designated as second alternate or “A2.”
Section 2. The Mayor shall make all appointments to the Commission, with the
approval of the City Council.
Section 3. Commission members and alternates may resign at any time by giving
written notice to the Mayor and City Clerk.
ARTICLE III
TERM OF OFFICE AND REMOVAL
Section 1. Commission members shall be appointed for terms which run four (4)
years. Alternates shall be appointed for a term of two (2) years. Terms shall begin in
December of even numbered election years and end in December of an even numbered
election year. At the end of a Commissioner member's or alternate’s term, the Commission
member may be reappointed to the Commission in the same manner as the initial appointment.
Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-
year terms. No term limit shall apply to alternates.
Section 2. Any member or alternate of the Commission may be removed from office
with the approval of a majority of the City Council. Removal and appointment of Commissioners
and Alternate Commissioners shall be made only at a regularly scheduled meeting of the City
Council.
Section 3. Commission members and alternates should endeavor to attend all
regular and special meetings of the Commission. The Secretary to the Commission shall
provide the Mayor with quarterly attendance reports by Commissioners and Alternate
Commissioners. After the third absence from a regularly scheduled Commission meeting within
any twelve (12) month period, said Commission member’s or alternate’s office shall be
automatically declared vacant.
7.1.c
Packet Pg. 215 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
___________________________________________________________________________
Bylaws and Rules of Procedure Page 2 of 4
Human Services Commission May 7, 2019
Section 4. If a Commission member or alternate ceases to reside in the City of
Dublin, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared
vacant.
ARTICLE IV
VACANCIES
Section 1. Vacancies on the Commission occurring other than by expiration of term
shall be filled for the unexpired portion of the term in the same manner as the original
appointment. In the event of a Commission vacancy, alternates will be considered without
submitting a new application unless alternate notifies the Clerk that he or she does not want to
be considered for appointment to the vacancy.
ARTICLE V
OFFICERS
Section 1. Election and Term of Office. The Commission shall elect a Chairperson
and Vice Chairperson at the first meeting in January of each year or, if a quorum is not present,
at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall
serve until their successors are elected, or until their terms as members of the Commission
expire, whichever is first. The Commission shall, unless no Commissioners meet the criteria,
elect Commissioners to the positions that have not previously served in the position and that
have not declined the appointment, with the intent that no one should serve in the position for
no more than two consecutive years. Alternates are not eligible to serve as Chairperson or Vice
Chairperson. The secretary to the Commission will be the City Manager or his/her designee.
Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice
Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the
occurrence of such vacancy. The person so elected shall serve the balance of the term.
Section 3. Duties of Officers. The Chairman performs the following duties:
(a) Presides at all meetings of the Commission.
(b) Appoints committee and chairpersons of committees as necessary.
(c) Signs correspondence on behalf of the Commission.
(d) Represents the Commission before the City Council.
(e) Performs other duties necessary or customary to the office.
Section 4. The Committees. The Commission or the Chairperson, upon direction of
the Commission, may appoint several of its members, but fewer than a quorum, to serve as a
Committee. On certain occasions, such as when a particular kind of expertise or public
representation is desirable, the Commission may appoint non-members to the Committee.
Committees make recommendations directly to the Commission.
A Committee may not represent the Commission before the Council or other bodies
unless it has first received the authorization of the Commission to do so.
7.1.c
Packet Pg. 216 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
___________________________________________________________________________
Bylaws and Rules of Procedure Page 3 of 4
Human Services Commission May 7, 2019
ARTICLE VI
MEETINGS
Section 1. The Commission shall hold regular meetings at least once per quarter at
a designated time and place, which shall be fixed and determined by the Commission and
entered upon its minutes. All meetings of the Commission shall be open to the public. Special
meetings of the Commission may be called by a majority of the members thereof, or by the
Chairperson thereof. Notice of any such special meeting shall be given as required by law.
Section 2. A majority of the voting members of the Commission shall constitute a
quorum for the purpose of transacting business. The secretary shall keep minutes of all regular
and special meetings of the Commission, and these shall be sent to all members and
administrative officers in advance of the meeting in which they are to be approved.
Section 3. Commissioners and Alternate Commissioners shall attend all regular and
special Commission meetings in person. Commissioners will not be permitted to use
teleconference as an option to attend any Commission meetings.
ARTICLE VII
GENERAL RESPONSIBILITIES OF THE COMMISSION
Section 1. The Commission shall consider and make recommendations as it deems
necessary to the City Council and to City Staff in all matters pertaining to human service needs
in the Tri-Valley. Such recommendations would include, but are not limited to the Community
Grants Program, the Tri-Valley Needs Assessment, and the federal Community Development
Block Grant Program.
Section 2. A majority vote of voting members is required to take action.
Section 3. Alternates shall participate in all Commission matters except that
alternates shall vote only in the event of an absence of a member or of a vacancy on the
Commission. In such event, the first alternate shall participate as a voting member for the
duration of the first occurring absence or vacancy. The second alternate shall participate as a
voting member for the duration of the second occurring absence or vacancy or for the duration
of the first occurring absence or vacancy if the first alternate is vacant or absent.
ARTICLE VIII
DUTIES OF COMMISSION TO BE ADVISORY ONLY
Section 1. It is intended that the Commission shall be an advisory body to the City
Council. Nothing herein contained shall be construed as a limitation on the power of the City
Council or the Administrative Staff of the City or any other agency in their supervision, or
authority over property or personnel which are under their respective jurisdictions. Each
Commissioner and Alternate Commissioner is expected to serve the City and the residents of
the City of Dublin with professionalism and respect.
ARTICLE IX
STAFF ASSISTANCE
Section 1. The City Manager shall provide the Commission with such information
and Staff assistance as the Commission may, from time to time request, subject to the
limitations imposed by the City Council.
7.1.c
Packet Pg. 217 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
___________________________________________________________________________
Bylaws and Rules of Procedure Page 4 of 4
Human Services Commission May 7, 2019
ARTICLE X
AMENDMENTS
Section 1. These Bylaws and Rules of Procedure may be amended in the same
manner as originally adopted.
7.1.c
Packet Pg. 218 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 1 of 4
Parks and Community Services Commission May 7, 2019
ARTICLE I
GENERAL PROVISIONS
Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of
Procedure of the Parks and Community Services Commission of the City of Dublin. A copy of
these Rules and amendments thereto, shall be filed in the offices of the City Clerk for
examination by the public.
Section 2. These Rules and any amendments hereto shall be effective on the date
of the adoption hereof, and shall govern the meetings and activities of the Commission.
ARTICLE II
COMMISSION COMPOSITION AND METHOD OF APPOINTMENT
Section 1. The Parks and Community Services Commission shall be composed of
six (6) members (“members or Commissioners”) and two (2) alternate members (“alternates” or
“Alternate Commissioners”). One member shall be a high school student residing in the City of
Dublin. One alternate shall be designated as first alternate or “A1.” The other alternate shall be
designated as second alternate or “A2.”
Section 2. The Mayor shall make all appointments to the Commission, with the
approval of the City Council.
Section 3. Commission members and alternates may resign at any time by giving
written notice to the Mayor and City Clerk.
ARTICLE III
TERM OF OFFICE AND REMOVAL
Section 1. Commission members shall be appointed for terms which run four (4)
years. Alternates shall be appointed for a term of two (2) years. Terms shall begin in
December of even numbered election years and end in December of an even numbered
election year. At the end of a Commissioner member’s or alternate’s term, the Commission
member or alternate may be reappointed to the Commission in the same manner as the initial
appointment. Commission members shall be eligible to serve a maximum of eight (8) years with
two (2) 4-year terms. No term limit shall apply to alternates.
Section 2. The term of the student member shall be for one (1) year, commencing
July 1st and terminating on the following June 30th.
Section 3. Any member or alternate of the Commission may be removed from the
office with the approval of a majority of the City Council. Removal and appointment of
Commissioners shall be made only at a regularly scheduled meeting of the City Council.
Section 4. Commission members and alternates should endeavor to attend all
regular and special meetings of the Commission. The Secretary to the Commission shall
CITY OF DUBLIN
PARKS AND COMMUNITY SERVICES COMMISSION
BYLAWS AND RULES OF PROCEDURE
7.1.c
Packet Pg. 219 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 2 of 4
Parks and Community Services Commission May 7, 2019
provide the Mayor with quarterly attendance reports by Commissioners and Alternate
Commissioners. After the third absence from a regularly scheduled Commission meeting within
any twelve (12) month period, said Commission member’s or alternate’s office shall be
automatically declared vacant.
Section 5. If a Commission member or alternate ceases to reside in the City of
Dublin, said Commissioner’s office shall be automatically declared vacant.
ARTICLE IV
VACANCIES
Section 1. Vacancies on the Commission occurring other than by expiration of term
shall be filled for the unexpired portion of the term in the same manner as the original
appointment. In the event of a Commission vacancy, alternates will be considered without
submitting a new application unless alternate notifies the Clerk that he or she does not want to
be considered for appointment to the vacancy.
ARTICLE V
OFFICERS
Section 1. Election and Term of Office. The Commission shall elect a Chairperson
at the first meeting in January of each year, or if a quorum is not present, at the next meeting at
which a quorum is present. The Chairperson and Vice Chairperson shall serve until their
successors are elected, or until their terms as members of the Commission expire, whichever is
first. The Commission shall, unless no Commissioners meet criteria, elect Commissioners to
the positions that have not previously served in the position and have not declined the
appointment, with the intent that no one should serve in the position for no more than two
consecutive years. Alternates are not eligible to serve as Chairperson or Vice Chairperson.
Section 2. The Secretary to the Commission will be the City Manager or his/her
designee.
Section 3. Vacancies. In case of any vacancy in the Office of the Chairperson or
Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after
the occurrence of such vacancy. The person so elected shall serve the balance of the term.
Section 4. Duties of Officers. The Chairperson performs the following duties:
(a) Presides at all meeting of the Commission.
(b) Appoints committee and chairpersons of committees as necessary.
(c) Signs correspondence on behalf of the Commission.
(d) Represents the Commission before the City Council.
(e) Performs other duties necessary or customary to the office.
In the event of the absence of the Chairperson or his/her ability to act, the Vice Chairperson
presides in the place of the Chairperson. In the event of the absence of or the inability to act of
both the Chairperson and Vice Chairperson, the remaining members shall elect one of their
members to act as temporary Chairperson.
7.1.c
Packet Pg. 220 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 3 of 4
Parks and Community Services Commission May 7, 2019
Section 5. The Committees. The Commission or Chairperson, upon direction of the
Commission, may appoint several of its members, but fewer than a quorum, to serve as a
Committee. On certain occasions, such as when a particular kind of expertise or public
representation is desirable, the Commissions may appoint non-members to the Committee.
Committees make recommendations directly to the Commission.
ARTICLE VI
MEETINGS
Section 1. The Commission shall hold at regular meetings at least once per month at
a designated time and place, which shall be fixed and determined by the Commission and
entered upon its minutes. All meetings of the Commission shall be open to the public. Special
meetings of the Commission may be called by a majority of the members thereof, or by the
Chairperson thereof. Notice of any such special meeting shall be given as required by law.
Section 2. A majority of the voting members of the Commission shall constitute a
quorum for the purpose of transacting business. The secretary shall keep minutes of all regular
and special meetings of the Commission, and these shall be sent to all members and
administrative officers in advance of the meeting in which they are to be approved.
Section 3. Commissioners and Alternate Commissioners shall attend all regular and
special Commission meetings in person. Commissioners will not be permitted to use
teleconference as an option to attend any Commission meetings.
ARTICLE VII
GENERAL RESPONSIBILITIES OF THE COMMISSION
Section 1. The Commission shall consider and make recommendations as it deems
necessary to the City Council and to City Staff in all matters pertaining to the operation and
maintenance of an effective, efficient, and adequate program of parks, recreation and
community services for the citizens of Dublin.
Such recommendations would include, but are not limited to the following:
(a) recommendations for the development, improvement and/or modification
of recreation of community services and facilities;
(b) future recreation and community service needs;
(c) conduct of persons using park and recreation facilities by the public; and
(d) annual review of the Parks and Community Services Strategic Plan.
Section 2. The Commission shall also accept and consider recommendations from
the Senior Center Advisory Committee and the Youth Advisory Committee, and forward the
recommendations to the City Council, as appropriate.
Section 3. A majority vote of voting members is required to take action.
Section 4. Alternates shall participate in all Commission matters except that
alternates shall vote only in the event of an absence of a member or of a vacancy on the
Commission. In such event, the first alternate shall participate as a voting member for the
7.1.c
Packet Pg. 221 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 4 of 4
Parks and Community Services Commission May 7, 2019
duration of the first occurring absence or vacancy. The second alternate shall participate as a
voting member for the duration of the second occurring absence or vacancy or for the duration
of the first occurring absence or vacancy if the first alternate is vacant or absent.
ARTICLE VIII
DUTIES OF COMMISSION TO BE ADVISORY ONLY
Section 1. It is intended that the Commission shall be an advisory body to the City
Council. Nothing herein contained shall be construed as a limitation on the power of the City
Council or the Administrative Staff of the City or any other agency in their supervision, or
authority over property or personnel which are under their respective jurisdiction. Each
Commissioner and Alternate Commissioner is expected to serve the City and the residents of
the City of Dublin with professionalism and respect.
ARTICLE IX
STAFF ASSISTANCE
Section 1. The City Manager shall provide the Commission with such information
and Staff assistance as the Commission may, from time to time request, subject to the
limitations imposed by the City Council.
ARTICLE X
AMENDMENTS
Section 1. These Bylaws and Rules of Procedure may be amended in the same
manner as originally adopted.
7.1.c
Packet Pg. 222 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 1 of 4
Senior Center Advisory Committee May 7, 2019
CITY OF DUBLIN
SENIOR CENTER ADVISORY COMMITTEE
BYLAWS AND RULES OF PROCEDURE
ARTICLE I
GENERAL PROVISIONS
Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of
Procedure of the Dublin Senior Center Advisory Committee of the City of Dublin. A copy of
these Rules and amendments thereto, shall be filed in the offices of the City Clerk for
examination by the public.
Section 2. These Rules and any amendments hereto shall be effective on the date
of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee.
ARTICLE II
COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT
Section 1. The Advisory Committee shall be composed of five (5) members
(“members” or “Committee Members”) and two (2) alternate members (“alternates” or “Alternate
Committee Members”). One alternate shall be designated as first alternate or “A1.” The other
alternate shall be designated as second alternate or “A2.” The Mayor shall make all
appointments to the Commission, with the approval of the City Council.
Section 2. Committee members and alternates may resign at any time by giving
written notice to the Mayor, City Clerk, and Senior Center Staff.
Section 3. One member of the Parks and Community Services Commission shall
serve as a liaison to the Advisory Committee.
ARTICLE III
TERM OF OFFICE AND REMOVAL
Section 1. Committee members shall be appointed for terms which run four (4)
years. Alternates shall be appointed for a term of two (2) years. Terms shall begin in December
of even numbered election years and end in December of even numbered election years. At
the end of a Committee member's or alternate’s term, the Committee member or alternate may
be reappointed to the Committee in the same manner as the initial appointment. Committee
members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. No
term limit shall apply to alternates.
Section 2. Any member or alternate of the Advisory Committee may be removed
from office with the approval of a majority of the City Council. Removal and appointment of
Senior Center Advisory Committee Members and Alternate Committee Members shall be made
only at a regularly scheduled meeting of the City Council.
Section 3. Committee Members and Alternate Committee Members should endeavor
to attend all regular and special meetings of the Advisory Committee. The Secretary to the
Advisory Committee shall provide the Mayor with quarterly attendance reports by Committee
Members and Alternate Committee Members. After the third absence from a regularly
7.1.c
Packet Pg. 223 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 2 of 4
Senior Center Advisory Committee May 7, 2019
scheduled Committee meeting within any twelve (12) month period, said Committee Member’s
or Alternate Committee Member’s office shall be automatically declared vacant.
Section 4. If a Committee member or alternate ceases to reside in the City of Dublin,
said Committee member’s or alternate’s office shall be automatically declared vacant.
ARTICLE IV
VACANCIES
Section 1. Vacancies on the Advisory Committee occurring other than by expiration
of term shall be filled for the unexpired portion of the term in the same manner as the original
appointment. In the event of a Commission vacancy, alternates will be considered without
submitting a new application unless alternate notifies the Clerk that he or she does not want to
be considered for appointment to the vacancy.
ARTICLE V
OFFICERS
Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are
elected by the majority of the Advisory Committee for a 1-year term and hold office until their
successors are elected, or until their terms as members of the Advisory Committee expire. The
officers are elected at the first meeting of the Advisory Committee in January of each year.
Elections, whether regular or to fill vacancies shall be held only if a simple majority of the
Advisory Committee members are present. The Advisory Committee shall, unless no
Committee Members meet the criteria, elect Committee Members to the positions that have not
previously served in the position and that have not declined the appointment, with the intent that
no one should serve in the position for more than two consecutive years. Alternates are not
eligible to serve as Chairperson or Vice Chairperson.
Section 2. The secretary to the Advisory Committee will be the City Manager or
his/her designee.
Section 3. Vacancies. In case of any vacancy in the office of Chairperson or Vice
Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the
occurrence of such vacancy. The person so elected shall serve the balance of the term.
Section 4. Duties of Officers. The Chairman performs the following duties:
(a) Presides at all meetings of the Advisory Committee.
(b) Appoints sub-committees and chairpersons of sub-committees as
necessary.
(c) Signs correspondence on behalf of the Advisory Committee.
(d) Represents the Advisory Committee before the Parks and Services
Commission and City Council, or designates a representative.
(e) Performs other duties necessary or customary to the office.
In the event of the absence of the Chairperson or his/her inability to act, the Vice-
Chairperson presides in place of the Chairperson. In the event of the absence of or the inability
7.1.c
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____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 3 of 4
Senior Center Advisory Committee May 7, 2019
to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one
of their members to act as temporary Chairperson.
Section 5. The Sub-Committees. The Advisory Committee or the Chairperson, upon
direction of the Advisory Committee, may appoint several of its members, but less than a
quorum, to serve as a Sub-Committee. On certain occasions, such as when a particular kind of
expertise or public representation is desirable, the Advisory Committee may appoint non-
members to the Sub-Committee. Sub-Committees make recommendations directly to the
Advisory Committee.
A Sub-Committee may not represent the Advisory Committee before the Parks and
Community Services Commission and the City Council or other bodies unless it has first
received the authorization of the Advisory Committee to do so.
ARTICLE VI
MEETINGS
Section 1. The Advisory Committee shall hold regular meetings at least once per
month at a designated time and place, which shall be fixed and determined by the Advisory
Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open
to the public. Special meetings of the Advisory Committee may be called by a majority of the
members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be
given as required by law.
Section 2. A majority of the voting members of the Advisory Committee shall
constitute a quorum for the purpose of transacting business. The secretary shall keep minutes
of all regular and special meetings of the Advisory Committee, and these shall be sent to all
members and administrative officers in advance of the meeting in which they are to be
approved.
Section 3. Advisory Committee Members and Alternate Committee Members shall
attend all regular and special Committee meetings in person. Committee Members will not be
permitted to use teleconferences as an option to attend Committee meetings.
ARTICLE VII
GENERAL RESPONSIBILITIES OF THE COMMITTEE
Section 1. The Advisory Committee shall consider and make recommendations, as it
deems necessary to the City Parks and Community Services Commission, City Council, and
City Staff in all matters pertaining to the operation and maintenance of an effective, efficient,
and adequate Senior Center for Dublin citizens. Such recommendations would include, but are
not limited to the following: recommendations for the development, improvement and/or
modification of senior services and facilities; future senior needs; conduct of persons using the
Senior Center; and rules for the use of the Senior Center by the public. A majority vote of voting
members is required to take action.
Section 2. Alternates shall participate in all Committee matters except that alternates
shall vote only in the event of an absence of a member or of a vacancy on the Committee. In
such event, the first alternate shall participate as a voting member for the duration of the first
occurring absence or vacancy. The second alternate shall participate as a voting member for
the duration of the second occurring absence or vacancy or for the duration of the first occurring
absence or vacancy if the first alternate is vacant or absent.
7.1.c
Packet Pg. 225 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 4 of 4
Senior Center Advisory Committee May 7, 2019
ARTICLE VIII
DUTIES OF COMMITTEE TO BE ADVISORY ONLY
Section 1. It is intended that the Advisory Committee shall be an advisory body to
the Parks and Community Services Commission and City Council. Nothing herein contained
shall be construed as a limitation on the power of the City Council or the Administrative Staff of
the City or any other agency in their supervision, or authority over property or personnel which
are under their respective jurisdictions. Each Committee Member and Alternate Committee
Members is expected to serve the City and the residents of the City of Dublin with
professionalism and respect.
ARTICLE IX
STAFF ASSISTANCE
Section 1. The City Manager shall provide the Advisory Committee with such
information and Staff assistance as the Advisory Committee may, from time to time request,
subject to the limitations imposed by the City Council.
ARTICLE X
AMENDMENTS
Section 1. These Bylaws and Rules of Procedure may be amended in the same
manner as originally adopted.
2808781.1
7.1.c
Packet Pg. 226 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 1 of 4
Heritage and Cultural Arts Commission May 7, 2019
CITY OF DUBLIN
HERITAGE AND CULTURAL ARTS COMMISSION
BYLAWS AND RULES OF PROCEDURE
ARTICLE I
GENERAL PROVISIONS
Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of
Procedure of the Heritage and Cultural Arts Commission of the City of Dublin. A copy of these
Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by
the public.
Section 2. These Rules and any amendments hereto shall be effective on the date
of the adoption hereof, and shall govern the meetings and activities of the Commission.
ARTICLE II
COMMISSION COMPOSITION AND METHOD OF APPOINTMENT
Section 1. The Heritage and Cultural Arts Commission shall be composed of seven
(7) members (“members or “Commissioners”) and one (1) alternate member (“alternate” or
“Alternate Commissioner”).
Section 2. The Mayor shall make all appointments to the Commission, with the
approval of the City Council. When making appointments to the Commission, consideration
shall be given to members of the Dublin Fine Arts Foundation and Dublin Historical Preservation
Association (or similar groups) and to persons who are specifically qualified by reason of
training, experience, interest or involvement in arts and/or heritage, particularly as related to
artistic and cultural activities in the City.
Section 3. All members shall be residents of the City and shall be committed to
furthering public art, and historical and cultural life in the community.
Section 4. Commission members and alternate may resign at any time by giving
written notice to the Mayor and City Clerk.
ARTICLE III
TERM OF OFFICE AND REMOVAL
Section 1. Commission members shall be appointed for terms which run four (4)
years. Alternate shall be appointed for a term of two (2) years. Terms shall begin in December
of even numbered years and end in December of an even numbered year. At the end of a
Commissioner member's or alternate’s term, the Commission member or alternate may be
reappointed to the Commission in the same manner as the initial appointment. Commission
members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. No
term limit shall apply to alternate.
Section 2. Any member or alternate of the Commission may be removed from office
with the approval of a majority of the City Council. Removal and appointment of Commissioners
7.1.c
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____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 2 of 4
Heritage and Cultural Arts Commission May 7, 2019
and Alternate Commissioner shall be made only at a regularly scheduled meeting of the City
Council.
Section 3. Commission members and alternate should endeavor to attend all regular
and special meetings of the Commission. The Secretary to the Commission shall provide the
Mayor with quarterly attendance reports by Commissioners and Alternate Commissioner. After
the third absence from a regularly scheduled Commission meeting within any twelve (12) month
period, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared
vacant.
Section 4. If a Commission member or alternate ceases to reside in the City of
Dublin, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared
vacant.
ARTICLE IV
VACANCIES
Section 1. Vacancies on the Commission occurring other than by expiration of term
shall be filled for the unexpired portion of the term in the same manner as the original
appointment. In the event of a Commission vacancy, alternates will be considered without
submitting a new application unless alternate notifies the Clerk that he or she does not want to
be considered for appointment to the vacancy.
ARTICLE V
OFFICERS
Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are
elected by the majority of the Commission for a 1-year term and hold office until their
successors are elected, or until their terms as members of the Commission expire. The officers
are elected at the first meeting of the Commission in January of each year. Elections, whether
regular or to fill vacancies shall be held only if a simple majority of the Commission members
are present. The Commission shall, unless no Commissioners meet the criteria, elect
Commissioners to the positions that have not previously served in the position and that have not
declined the appointment, with the intent that no on should serve in the position for two
consecutive years. Alternate is not eligible to serve as Chairperson or Vice Chairperson.
The secretary to the Commission will be the City Manager or his/her designee.
Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice
Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the
occurrence of such vacancy. The person so elected shall serve the balance of the term.
Section 3. Duties of Officers. The Chairman performs the following duties.
(a) Presides at all meetings of the Commission.
(b) Appoints committee and chairpersons of committees as necessary.
(c) Signs correspondence on behalf of the Commission.
(d) Represents the Commission before the City Council.
7.1.c
Packet Pg. 228 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 3 of 4
Heritage and Cultural Arts Commission May 7, 2019
(e) Performs other duties necessary or customary to the office.
In the event of the absence of the Chairperson or his/her inability to act, the Vice-
Chairperson presides in place of the Chairperson. In the event of the absence of or the inability
to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one
of their members to act as temporary Chairperson.
Section 4. The Committees. The Commission or the Chairperson, upon direction of
the Commission, may appoint several of its members, but less than a quorum, to serve as a
Committee. On certain occasions, such as when a particular kind of expertise or public
representation is desirable, the Commission may appoint non-members to the Committee.
Committees make recommendations directly to the Commission.
A Committee may not represent the Commission before the Council or other bodies
unless it has first received the authorization of the Commission to do so.
ARTICLE VI
MEETINGS
Section 1. The Commission shall hold regular meetings at least once per month at a
designated time and place, which shall be fixed and determined by the Commission and entered
upon its minutes. All meetings of the Commission shall be open to the public. Special meetings
of the Commission may be called by a majority of the members thereof, or by the Chairperson
thereof. Notice of any such special meeting shall be given as required by law.
Section 2. A majority of the voting members of the Commission shall constitute a
quorum for the purpose of transacting business. The secretary shall keep minutes of all regular
and special meetings of the Commission, and these shall be sent to all members and
administrative officers in advance of the meeting in which they are to be approved.
Section 3. Commissioners and Alternate Commissioner shall attend all regular and
special Commission meetings in person. Commissioners will not be permitted to use
teleconference as an option to attend any Commission meetings.
ARTICLE VII
GENERAL RESPONSIBILITIES OF THE COMMISSION
Section 1. The Commission shall consider and make recommendations, as it deems
necessary to the City Council in all matters pertaining to:
(a) The promotion and support of history throughout the community. This
includes restoration, maintenance and operation of the Heritage Park & Museums and any other
similar City-sponsored locations promoting and supporting history. Such recommendations
would include, but are not limited to the following: recommendations for the development,
improvement and/or modification of history facilities or programs; recommendations for policies
on heritage preservation, artifact acquisition, conduct of persons using history facilities; and
rules for the use of the Heritage Park & Museums and any other City-sponsored history facilities
by the public.
7.1.c
Packet Pg. 229 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 4 of 4
Heritage and Cultural Arts Commission May 7, 2019
(b) The promotion and support of the arts within the community. Such
recommendations would include, but are not limited to the following: recommendations on art in
public places including City facilities and new developments within the City; exhibits at the Civic
Center, Heritage Park & Museums and Public Art Venue; and recommendations for policies on
art, cultural activities and facilities.
Section 2. A majority vote of voting members is required to take action.
Section 3. Alternate shall participate in all Commission matters except alternate shall
only in the event of an absence of a member or of a vacancy on the Commission. In such event,
the alternate shall participate as a voting member for the duration of the absence or vacancy.
ARTICLE VIII
DUTIES OF COMMISSION TO BE ADVISORY ONLY
Section 1. The Commission shall be an advisory body to the City Council. Nothing
herein contained shall be construed as a limitation on the power of the City Council or the
Administrative Staff of the City or any other agency in their supervision, or authority over
property or personnel which are under their respective jurisdictions. Each Commissioner and
Alternate Commissioner is expected to serve the City and the residents of the City of Dublin with
professionalism and respect.
ARTICLE IX
STAFF ASSISTANCE
Section 1. The City Manager shall provide the Commission with such information
and Staff assistance as the Commission may, from time to time request, subject to the
limitations imposed by the City Council.
ARTICLE X
AMENDMENTS
Section 1. These Bylaws and Rules of Procedure may be amended in the same
manner as originally adopted.
7.1.c
Packet Pg. 230 Attachment: 3. Exhibits A - D to the Resolution (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 1 of 4
Heritage and Cultural Arts Commission July May 187, 20179
CITY OF DUBLIN
HERITAGE AND CULTURAL ARTS COMMISSION
BYLAWS AND RULES OF PROCEDURE
ARTICLE I
GENERAL PROVISIONS
Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of
Procedure of the Heritage and Cultural Arts Commission of the City of Dublin. A copy of these
Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by
the public.
Section 2. These Rules and any amendments hereto shall be effective on the date
of the adoption hereof, and shall govern the meetings and activities of the Commission.
ARTICLE II
COMMISSION COMPOSITION AND METHOD OF APPOINTMENT
Section 1. The Heritage and Cultural Arts Commission shall be composed of seven
(7) members (“members or “Commissioners”) and one (1) alternate member (“alternate” or
“Alternate Commissioner”).
Section 2. The Mayor shall make all appointments to the Commission, with the
approval of the City Council. When making appointments to the Commission, consideration
shall be given to members of the Dublin Fine Arts Foundation and Dublin Historical
Preservation Association (or similar groups) and to persons who are specifically qualified by
reason of training, experience, interest or involvement in arts and/or heritage, particularly as
related to artistic and cultural activities in the City.
Section 3. All members shall be residents of the City and shall be committed to
furthering public art, and historical and cultural life in the community.
Section 4. Commission members and alternate may resign at any time by giving
written notice to the Mayor and City Clerk.
ARTICLE III
TERM OF OFFICE AND REMOVAL
Section 1. Commission members shall be appointed for terms which run four (4)
years. Alternate shall be appointed for a term of two (2) years. Terms shall beginning in
December of even numbered years and ending in December of an even numbered year. At the
end of a Commissioner member's or alternate’s term, the Commission member or alternate
may be reappointed to the Commission in the same manner as the initial appointment.
Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-
year terms. No term limit shall apply to alternate.
Section 2. Any member or alternate of the Commission may be removed from office
with the approval of a majority of the City Council. Removal and appointment of
7.1.d
Packet Pg. 231 Attachment: 4. Commission and Committee Bylaws - Redline Copies (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 2 of 4
Heritage and Cultural Arts Commission July May 187, 20179
Commissioners and Alternate Commissioner shall be made only at a regularly scheduled
meeting of the City Council.
Section 3. Commission members and alternate should endeavor to attend all regular
and special meetings of the Commission. The Secretary to the Commission shall provide the
Mayor with quarterly attendance reports by Commissioners and Alternate Commissioner. After
the third absence from a regularly scheduled Commission meeting within any twelve (12) month
period, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared
vacant.
Section 4. If a Commission member or alternate ceases to reside in the City of
Dublin, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared
vacant.
ARTICLE IV
VACANCIES
Section 1. Vacancies on the Commission occurring other than by expiration of term
shall be filled for the unexpired portion of the term in the same manner as the original
appointment. In the event of a Commission vacancy, alternates will be considered without
submitting a new application unless alternate notifies the Clerk that he or she does not want to
be considered for appointment to the vacancy.
ARTICLE V
OFFICERS
Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are
elected by the majority of the Commission for a 1-year term and hold office until their
successors are elected, or until their terms as members of the Commission expire. The
officers are elected at the first meeting of the Commission in January of each year. Elections,
whether regular or to fill vacancies shall be held only if a simple majority of the Commission
members are present. The Commission shall, unless no Commissioners meet the criteria, elect
Commissioners to the positions that have not previously served in the position and that have
not declined the appointment, with the intent that no on should serve in the position for two
consecutive years. Alternate is not eligible to serve as Chairperson or Vice Chairperson.
The secretary to the Commission will be the City Manager or his/her designee.
Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice
Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the
occurrence of such vacancy. The person so elected shall serve the balance of the term.
Section 3. Duties of Officers. The Chairman performs the following duties.
(a) Presides at all meetings of the Commission.
(b) Appoints committee and chairpersons of committees as necessary.
(c) Signs correspondence on behalf of the Commission.
(d) Represents the Commission before the City Council.
7.1.d
Packet Pg. 232 Attachment: 4. Commission and Committee Bylaws - Redline Copies (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 3 of 4
Heritage and Cultural Arts Commission July May 187, 20179
(e) Performs other duties necessary or customary to the office.
In the event of the absence of the Chairperson or his/her inability to act, the Vice-
Chairperson presides in place of the Chairperson. In the event of the absence of or the inability
to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect
one of their members to act as temporary Chairperson.
Section 4. The Committees. The Commission or the Chairperson, upon direction of
the Commission, may appoint several of its members, but less than a quorum, to serve as a
Committee. On certain occasions, such as when a particular kind of expertise or public
representation is desirable, the Commission may appoint non-members to the Committee.
Committees make recommendations directly to the Commission.
A Committee may not represent the Commission before the Council or other bodies
unless it has first received the authorization of the Commission to do so.
ARTICLE VI
MEETINGS
Section 1. The Commission shall hold regular meetings at least once per month at a
designated time and place, which shall be fixed and determined by the Commission and
entered upon its minutes. All meetings of the Commission shall be open to the public. Special
meetings of the Commission may be called by a majority of the members thereof, or by the
Chairperson thereof. Notice of any such special meeting shall be given as required by law.
Section 2. A majority of the voting members of the Commission shall constitute a
quorum for the purpose of transacting business. The secretary shall keep minutes of all regular
and special meetings of the Commission, and these shall be sent to all members and
administrative officers in advance of the meeting in which they are to be approved.
Section 3. Commissioners and Alternate Commissioner shall attend all regular and
special Commission meetings in person. Commissioners will not be permitted to use
teleconference as an option to attend any Commission meetings.
ARTICLE VII
GENERAL RESPONSIBILITIES OF THE COMMISSION
Section 1. The Commission shall consider and make recommendations, as it deems
necessary to the City Council in all matters pertaining to:
(a) The promotion and support of history throughout the community. This
includes restoration, maintenance and operation of the Heritage Park & Museums and any
other similar City-sponsored locations promoting and supporting history. Such
recommendations would include, but are not limited to the following: recommendations for the
development, improvement and/or modification of history facilities or programs;
recommendations for policies on heritage preservation, artifact acquisition, conduct of persons
using history facilities; and rules for the use of the Heritage Park & Museums and any other
City-sponsored history facilities by the public.
7.1.d
Packet Pg. 233 Attachment: 4. Commission and Committee Bylaws - Redline Copies (Approval of Alternates to Commissions and Committees)
____________________________________________________________________________________________
Bylaws and Rules of Procedure Page 4 of 4
Heritage and Cultural Arts Commission July May 187, 20179
(b) The promotion and support of the arts within the community. Such
recommendations would include, but are not limited to the following: recommendations on art in
public places including City facilities and new developments within the City; exhibits at the Civic
Center, Heritage Park & Museums and Public Art Venue; and recommendations for policies on
art, cultural activities and facilities.
Section 2. A majority vote of voting members is required to take action.
Section 2.Section 3. Alternate shall participate in all Commission matters except
alternate shall only in the event of an absence of a member or of a vacancy on the
Commission. In such event, the alternate shall participate as a voting member for the duration
of the absence or vacancy.
ARTICLE VIII
DUTIES OF COMMISSION TO BE ADVISORY ONLY
Section 1. The Commission shall be an advisory body to the City Council. Nothing
herein contained shall be construed as a limitation on the power of the City Council or the
Administrative Staff of the City or any other agency in their supervision, or authority over
property or personnel which are under their respective jurisdictions. Each Commissioner and
Alternate Commissioner is expected to serve the City and the residents of the City of Dublin
with professionalism and respect.
ARTICLE IX
STAFF ASSISTANCE
Section 1. The City Manager shall provide the Commission with such information
and Staff assistance as the Commission may, from time to time request, subject to the
limitations imposed by the City Council.
ARTICLE X
AMENDMENTS
Section 1. These Bylaws and Rules of Procedure may be amended in the same
manner as originally adopted.
7.1.d
Packet Pg. 234 Attachment: 4. Commission and Committee Bylaws - Redline Copies (Approval of Alternates to Commissions and Committees)
___________________________________________________________________________
Bylaws and Rules of Procedure Page 1 of 4
Human Services Commission July May 187, 20179
CITY OF DUBLIN
HUMAN SERVICES COMMISSION
BYLAWS AND RULES OF PROCEDURE
ARTICLE I
GENERAL PROVISIONS
Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of
Procedure of the Human Services Commission of the City of Dublin. A copy of these Rules and
amendments thereto, shall be filed in the offices of the City Clerk for examination by the public.
Section 2. These Rules and any amendments hereto shall be effective on the date
of the adoption hereof, and shall govern the meetings and activities of the Commission.
ARTICLE II
COMMISSION COMPOSITION AND METHOD OF APPOINTMENT
Section 1. The Human Services Commission shall be composed of five (5)
members (“members” or “Commissioners”) and two (2) alternate members (“alternates” or
“Alternate Commissioners”). One alternate shall be designated as first alternate or “A1.” The
other alternate shall be designated as second alternate or “A2.”
Section 2. The Mayor shall make all appointments to the Commission, with the
approval of the City Council.
Section 3. Commission members and alternates may resign at any time by giving
written notice to the Mayor and City Clerk.
ARTICLE III
TERM OF OFFICE AND REMOVAL
Section 1. Commission members shall be appointed for terms which run four (4)
years. Alternates shall be appointed for a term of two (2) years. Terms shall beginning in
December of even numbered election years and ending in December of an even numbered
election year. At the end of a Commissioner member's or alternate’s term, the Commission
member may be reappointed to the Commission in the same manner as the initial appointment.
Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-
year terms. No term limit shall apply to alternates.
Section 2. Any member or alternate of the Commission may be removed from office
with the approval of a majority of the City Council. Removal and appointment of
Commissioners and Alternate Commissioners shall be made only at a regularly scheduled
meeting of the City Council.
Section 3. Commission members and alternates should endeavor to attend all
regular and special meetings of the Commission. The Secretary to the Commission shall
provide the Mayor with quarterly attendance reports by Commissioners and Alternate
Commissioners. After the third absence from a regularly scheduled Commission meeting within
any twelve (12) month period, said Commission member’s or alternate’s office shall be
automatically declared vacant.
7.1.d
Packet Pg. 235 Attachment: 4. Commission and Committee Bylaws - Redline Copies (Approval of Alternates to Commissions and Committees)
___________________________________________________________________________
Bylaws and Rules of Procedure Page 2 of 4
Human Services Commission July May 187, 20179
Section 4. If a Commission member or alternate ceases to reside in the City of
Dublin, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared
vacant.
ARTICLE IV
VACANC IES
Section 1. Vacancies on the Commission occurring other than by expiration of term
shall be filled for the unexpired portion of the term in the same manner as the original
appointment. In the event of a Commission vacancy, alternates will be considered without
submitting a new application unless alternate notifies the Clerk that he or she does not want to
be considered for appointment to the vacancy.
ARTICLE V
OFFICERS
Section 1. Election and Term of Office. The Commission shall elect a Chairperson
and Vice Chairperson at the first meeting in January of each year or, if a quorum is not present,
at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall
serve until their successors are elected, or until their terms as members of the Commission
expire, whichever is first. The Commission shall, unless no Commissioners meet the criteria,
elect Commissioners to the positions that have not previously served in the position and that
have not declined the appointment, with the intent that no one should serve in the position for
no more than two consecutive years. Alternates are not eligible to serve as Chairperson or
Vice Chairperson. .
Section 2.Section 1. The secretary to the Commission will be the City Manager or
his/her designee.
Section 3.Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or
Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting
after the occurrence of such vacancy. The person so elected shall serve the balance of the
term.
Section 4.Section 3. Duties of Officers. The Chairman performs the following duties:
(a) Presides at all meetings of the Commission.
(b) Appoints committee and chairpersons of committees as necessary.
(c) Signs correspondence on behalf of the Commission.
(d) Represents the Commission before the City Council.
(e) Performs other duties necessary or customary to the office.
Section 5.Section 4. The Committees. The Commission or the Chairperson, upon
direction of the Commission, may appoint several of its members, but fewer than a quorum, to
serve as a Committee. On certain occasions, such as when a particular kind of expertise or
public representation is desirable, the Commission may appoint non-members to the
Committee. Committees make recommendations directly to the Commission.
7.1.d
Packet Pg. 236 Attachment: 4. Commission and Committee Bylaws - Redline Copies (Approval of Alternates to Commissions and Committees)
___________________________________________________________________________
Bylaws and Rules of Procedure Page 3 of 4
Human Services Commission July May 187, 20179
A Committee may not represent the Commission before the Council or other bodies
unless it has first received the authorization of the Commission to do so.
ARTICLE VI
MEETINGS
Section 1. The Commission shall hold regular meetings at least once per quarter at
a designated time and place, which shall be fixed and determined by the Commission and
entered upon its minutes. All meetings of the Commission shall be open to the public. Special
meetings of the Commission may be called by a majority of the members thereof, or by the
Chairperson thereof. Notice of any such special meeting shall be given as required by law.
Section 2. A majority of the voting members of the Commission shall constitute a
quorum for the purpose of transacting business. The secretary shall keep minutes of all regular
and special meetings of the Commission, and these shall be sent to all members and
administrative officers in advance of the meeting in which they are to be approved.
Section 3. Commissioners and Alternate Commissioners shall attend all regular and
special Commission meetings in person. Commissioners will not be permitted to use
teleconference as an option to attend any Commission meetings.
ARTICLE VII
GENERAL RESPONSIBILITIES OF THE COMMISSION
Section 1. The Commission shall consider and make recommendations as it deems
necessary to the City Council and to City Staff in all matters pertaining to human service needs
in the Tri-Valley. Such recommendations would include, but are not limited to the Community
Grants Program, the Tri-Valley Needs Assessment, and the federal Community Development
Block Grant Program.
Section 2. A majority vote of voting members is required to take action.
Section 1.Section 3. Alternates shall participate in all Commission matters except that
alternates shall vote only in the event of an absence of a member or of a vacancy on the
Commission. In such event, the first alternate shall participate as a voting member for the
duration of the first occurring absence or vacancy. The second alternate shall participate as a
voting member for the duration of the second occurring absence or vacancy or for the duration
of the first occurring absence or vacancy if the first alternate is vacant or absent.
ARTICLE VIII
DUTIES OF COMMISSION TO BE ADVISORY ONLY
Section 1. It is intended that the Commission shall be an advisory body to the City
Council. Nothing herein contained shall be construed as a limitation on the power of the City
Council or the Administrative Staff of the City or any other agency in their supervision, or
authority over property or personnel which are under their respective jurisdictions. Each
Commissioner and Alternate Commissioner is expected to serve the City and the residents of
the City of Dublin with professionalism and respect.
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ARTICLE IX
STAFF ASSISTANCE
Section 1. The City Manager shall provide the Commission with such information
and Staff assistance as the Commission may, from time to time request, subject to the
limitations imposed by the City Council.
ARTICLE X
AMENDMENTS
Section 1. These Bylaws and Rules of Procedure may be amended in the same
manner as originally adopted.
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ARTICLE I
GENERAL PROVISIONS
Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of
Procedure of the Parks and Community Services Commission of the City of Dublin. A copy of
these Rules and amendments thereto, shall be filed in the offices of the City Clerk for
examination by the public.
Section 2. These Rules and any amendments hereto shall be effective on the date
of the adoption hereof, and shall govern the meetings and activities of the Commission.
ARTICLE II
COMMISSION COMPOSITION AND METHOD OF APPOINTMENT
Section 1. The Parks and Community Services Commission shall be composed of
six (6) members (“members or Commissioners”) and two (2) alternate members (“alternates” or
“Alternate Commissioners”). One member shall be, one of whom is a high school student
residing in the City of Dublin. One alternate shall be designated as first alternate or “A1.” The
other alternate shall be designated as second alternate or “A2.”
Section 2. The Mayor shall make all appointments to the Commission, with the
approval of the City Council.
Section 3. Commission members and alternates may resign at any time by giving
written notice to the Mayor and City Clerk.
ARTICLE III
TERM OF OFFICE AND REMOVAL
Section 1. Commission members shall be appointed for terms which run four (4)
years. Alternates shall be appointed for a term of two (2) years. Terms shall beginning in
December of even numbered election years and ending in December of an even numbered
election year. At the end of a Commissioner member’s or alternate’s term, the Commission
member or alternate may be reappointed to the Commission in the same manner as the initial
appointment. Commission members shall be eligible to serve a maximum of eight (8) years
with two (2) 4-year terms. No term limit shall apply to alternates.
Section 2. The term of the student member shall be for one (1) year, commencing
July 1st and terminating on the following June 30th.
Section 3. Any member or alternate of the Commission may be removed from the
office with the approval of a majority of the City Council. Removal and appointment of
Commissioners shall be made only at a regularly scheduled meeting of the City Council.
Section 4. Commission members and alternates should endeavor to attend all
regular and special meetings of the Commission. The Secretary to the Commission shall
CITY OF DUBLIN
PARKS AND COMMUNITY SERVICES COMMISSION
BYLAWS AND RULES OF PROCEDURE
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provide the Mayor with quarterly attendance reports by Commissioners and Alternate
Commissioners. After the third absence from a regularly scheduled Commission meeting within
any twelve (12) month period, said Commission member’s or alternate’s office shall be
automatically declared vacant.
Section 5. If a Commissioner member or alternate ceases to reside in the City of
Dublin, said Commissioner’s office shall be automatically declared vacant.
ARTICLE IV
VACANCIES
Section 1. Vacancies on the Commission occurring other than by expiration of term
shall be filled for the unexpired portion of the term in the same manner as the original
appointment. In the event of a Commission vacancy, alternates will be considered without
submitting a new application unless alternate notifies the Clerk that he or she does not want to
be considered for appointment to the vacancy.
ARTICLE V
OFFICERS
Section 1. Election and Term of Office. The Commission shall elect a Chairperson
at the first meeting in January of each year, or if a quorum is not present, at the next meeting at
which a quorum is present. The Chairperson and Vice Chairperson shall serve until their
successors are elected, or until their terms as members of the Commission expire, whichever is
first. The Commission shall, unless no Commissioners meet criteria, elect Commissioners to
the positions that have not previously served in the position and have not declined the
appointment, with the intent that no one should serve in the position for no more than two
consecutive years. Alternates are not eligible to serve as Chairperson or Vice Chairperson.
Section 2. The Secretary to the Commission will be the City Manager or his/her
designee.
Section 3. Vacancies. In case of any vacancy in the Office of the Chairperson or
Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting
after the occurrence of such vacancy. The person so elected shall serve the balance of the
term.
Section 4. Duties of Officers. The Chairperson performs the following duties:
(a) Presides at all meeting of the Commission.
(b) Appoints committee and chairpersons of committees as necessary.
(c) Signs correspondence on behalf of the Commission.
(d) Represents the Commission before the City Council.
(e) Performs other duties necessary or customary to the office.
In the event of the absence of the Chairperson or his/her ability to act, the Vice Chairperson
presides in the place of the Chairperson. In the event of the absence of or the inability to act of
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both the Chairperson and Vice Chairperson, the remaining members shall elect one of their
members to act as temporary Chairperson.
Section 5. The Committees. The Commission or Chairperson, upon direction of the
Commission, May may appoint several of its members, but fewer than a quorum, to serve as a
Committee. On certain occasions, such as when a particular kind of expertise or public
representation is desirable, the Commissions may appoint non-members to the Committee.
Committees make recommendations directly to the Commission.
ARTICLE VI
MEETINGS
Section 1. The Commission shall hold at regular meetings at least once per month
at a designated time and place, which shall be fixed and determined by the Commission and
entered upon its minutes. All meetings of the Commission shall be open to the public. Special
meetings of the Commission may be called by a majority of the members thereof, or by the
Chairperson thereof. Notice of any such special meeting shall be given as required by law.
Section 2. A majority of the voting members of the Commission shall constitute a
quorum for the purpose of transacting business. The secretary shall keep minutes of all regular
and special meetings of the Commission, and these shall be sent to all members and
administrative officers in advance of the meeting in which they are to be approved.
Section 3. Commissioners and Alternate Commissioners shall attend all regular and
special Commission meetings in person. Commissioners will not be permitted to use
teleconference as an option to attend any Commission meetings.
ARTICLE VII
GENERAL RESPONSIBILITIES OF THE COMMISSION
Section 1. The Commission shall consider and make recommendations as it deems
necessary to the City Council and to City Staff in all matters pertaining to the operation and
maintenance of an effective, efficient, and adequate program of parks, recreation and
community services for the citizens of Dublin.
Such recommendations would include, but are not limited to the following:
(a) recommendations for the development, improvement and/or modification
of recreation of community services and facilities;
(b) future recreation and community service needs;
(c) conduct of persons using park and recreation facilities by the public; and
(d) annual review of the Parks and Community Services Strategic Plan.
Section 2. The Commission shall also accept and consider recommendations from
the Senior Center Advisory Committee and the Youth Advisory Committee, and forward the
recommendations to the City Council, as appropriate.
Section 3. A majority vote of voting members is required to take action.
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Section 2.Section 4. Alternates shall participate in all Commission matters except that
alternates shall vote only in the event of an absence of a member or of a vacancy on the
Commission. In such event, the first alternate shall participate as a voting member for the
duration of the first occurring absence or vacancy. The second alternate shall participate as a
voting member for the duration of the second occurring absence or vacancy or for the duration
of the first occurring absence or vacancy if the first alternate is vacant or absent.
ARTICLE VIII
DUTIES OF COMMISSION TO BE ADVISORY ONLY
Section 1. It is intended that the Commission shall be an advisory body to the City
Council. Nothing herein contained shall be construed as a limitation on the power of the City
Council or the Administrative Staff of the City or any other agency in their supervision, or
authority over property or personnel which are under their respective jurisdiction. Each
Commissioner and Alternate Commissioner is expected to serve the City and the residents of
the City of Dublin with professionalism and respect.
ARTICLE IX
STAFF ASSISTANCE
Section 1. The City Manager shall provide the Commission with such information
and Staff assistance as the Commission may, from time to time request, subject to the
limitations imposed by the City Council.
ARTICLE X
AMENDMENTS
Section 1. These Bylaws and Rules of Procedure may be amended in the same
manner as originally adopted.
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CITY OF DUBLIN
SENIOR CENTER ADVISORY COMMITTEE
BYLAWS AND RULES OF PROCEDURE
ARTICLE I
GENERAL PROVISIONS
Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of
Procedure of the Dublin Senior Center Advisory Committee of the City of Dublin. A copy of
these Rules and amendments thereto, shall be filed in the offices of the City Clerk for
examination by the public.
Section 2. These Rules and any amendments hereto shall be effective on the date
of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee.
ARTICLE II
COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT
Section 1. The Advisory Committee shall be composed of five (5) members
(“members” or “Committee Members”) and two (2) alternate members (“alternates” or “Alternate
Committee Members”). One alternate shall be designated as first alternate or “A1.” The other
alternate shall be designated as second alternate or “A2.” The Mayor shall make all
appointments to the Commission, with the approval of the City Council.
Section 2. Committee members and alternates may resign at any time by giving
written notice to the Mayor, City Clerk, and Senior Center Staff.
Section 3. One member of the Parks and Community Services Commission shall
serve as a liaison to the Advisory Committee.
ARTICLE III
TERM OF OFFICE AND REMOVAL
Section 1. Committee members shall be appointed for terms which run four (4)
years. Alternates shall be appointed for a term of two (2) years. Terms shall beginning in
December of even numbered election years and ending in December of even numbered
election years. At the end of a Committee member's or alternate’s term, the Committee
member or alternate may be reappointed to the Committee in the same manner as the initial
appointment. Committee members shall be eligible to serve a maximum of eight (8) years with
two (2) 4-year terms. No term limit shall apply to alternates.
Section 2. Any member or alternate of the Advisory Committee may be removed
from office with the approval of a majority of the City Council. Removal and appointment of
Senior Center Advisory Committee Members and Alternate Committee Members shall be made
only at a regularly scheduled meeting of the City Council.
Section 3. Committee Members and Alternate Committee Members should
endeavor to attend all regular and special meetings of the Advisory Committee. The Secretary
to the Advisory Committee shall provide the Mayor with quarterly attendance reports by
Committee Members and Alternate Committee Members. After the third absence from a
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regularly scheduled Committee meeting within any twelve (12) month period, said Committee
Member’s or Alternate Committee Member’s office shall be automatically declared vacant.
Section 4. If a Committee member or alternate ceases to reside in the City of
Dublin, said Committee member’s or alternate’s office shall be automatically declared vacant.
ARTICLE IV
VACANCIES
Section 1. Vacancies on the Advisory Committee occurring other than by expiration
of term shall be filled for the unexpired portion of the term in the same manner as the original
appointment. In the event of a Commission vacancy, alternates will be considered without
submitting a new application unless alternate notifies the Clerk that he or she does not want to
be considered for appointment to the vacancy.
ARTICLE V
OFFICERS
Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are
elected by the majority of the Advisory Committee for a 1-year term and hold office until their
successors are elected, or until their terms as members of the Advisory Committee expire.
The officers are elected at the first meeting of the Advisory Committee in January of each year.
Elections, whether regular or to fill vacancies shall be held only if a simple majority of the
Advisory Committee members are present. The Advisory Committee shall, unless no
Committee Members meet the criteria, elect Committee Members to the positions that have not
previously served in the position and that have not declined the appointment, with the intent that
no one should serve in the position for more than two consecutive years. Alternates are not
eligible to serve as Chairperson or Vice Chairperson.
Section 1.Section 2. The secretary to the Advisory Committee will be the City Manager
or his/her designee.
The secretary to the Advisory Committee will be the City Manager or his/her designee.
Section 2.Section 3. Vacancies. In case of any vacancy in the office of Chairperson or
Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting
after the occurrence of such vacancy. The person so elected shall serve the balance of the
term.
Section 3.Section 4. Duties of Officers. The Chairman performs the following duties:
(a) Presides at all meetings of the Advisory Committee.
(b) Appoints sub-committees and chairpersons of sub-committees as
necessary.
(c) Signs correspondence on behalf of the Advisory Committee.
(d) Represents the Advisory Committee before the Parks and Services
Commission and City Council, or designates a representative.
(e) Performs other duties necessary or customary to the office.
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In the event of the absence of the Chairperson or his/her inability to act, the Vice-
Chairperson presides in place of the Chairperson. In the event of the absence of or the inability
to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect
one of their members to act as temporary Chairperson.
Section 4.Section 5. The Sub-Committees. The Advisory Committee or the
Chairperson, upon direction of the Advisory Committee, may appoint several of its members,
but less than a quorum, to serve as a Sub-Committee. On certain occasions, such as when a
particular kind of expertise or public representation is desirable, the Advisory Committee may
appoint non-members to the Sub-Committee. Sub-Committees make recommendations
directly to the Advisory Committee.
A Sub-Committee may not represent the Advisory Committee before the Parks and
Community Services Commission and the City Council or other bodies unless it has first
received the authorization of the Advisory Committee to do so.
ARTICLE VI
MEETINGS
Section 1. The Advisory Committee shall hold regular meetings at least once per
month at a designated time and place, which shall be fixed and determined by the Advisory
Committee and entered upon its minutes. All meetings of the Advisory Committee shall be
open to the public. Special meetings of the Advisory Committee may be called by a majority of
the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall
be given as required by law.
Section 2. A majority of the voting members of the Advisory Committee shall
constitute a quorum for the purpose of transacting business. The secretary shall keep minutes
of all regular and special meetings of the Advisory Committee, and these shall be sent to all
members and administrative officers in advance of the meeting in which they are to be
approved.
Section 3. Advisory Committee Members and Alternate Committee Members shall
attend all regular and special Committee meetings in person. Committee Members will not be
permitted to use teleconferences as an option to attend Committee meetings.
ARTICLE VII
GENERAL RESPONSIBILITIES OF THE COMMITTEE
Section 1. The Advisory Committee shall consider and make recommendations, as
it deems necessary to the City Parks and Community Services Commission, City Council, and
City Staff in all matters pertaining to the operation and maintenance of an effective, efficient,
and adequate Senior Center for Dublin citizens. Such recommendations would include, but are
not limited to the following: recommendations for the development, improvement and/or
modification of senior services and facilities; future senior needs; conduct of persons using the
Senior Center; and rules for the use of the Senior Center by the public. A majority vote of
voting members is required to take action.
Section 1.Section 2. Alternates shall participate in all Committee matters except that
alternates shall vote only in the event of an absence of a member or of a vacancy on the
Committee. In such event, the first alternate shall participate as a voting member for the
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duration of the first occurring absence or vacancy. The second alternate shall participate as a
voting member for the duration of the second occurring absence or vacancy or for the duration
of the first occurring absence or vacancy if the first alternate is vacant or absent.
ARTICLE VIII
DUTIES OF COMMITTEE TO BE ADVISORY ONLY
Section 1. It is intended that the Advisory Committee shall be an advisory body to
the Parks and Community Services Commission and City Council. Nothing herein contained
shall be construed as a limitation on the power of the City Council or the Administrative Staff of
the City or any other agency in their supervision, or authority over property or personnel which
are under their respective jurisdictions. Each Committee Member and Alternate Committee
Members is expected to serve the City and the residents of the City of Dublin with
professionalism and respect.
ARTICLE IX
STAFF ASSISTANCE
Section 1. The City Manager shall provide the Advisory Committee with such
information and Staff assistance as the Advisory Committee may, from time to time request,
subject to the limitations imposed by the City Council.
ARTICLE X
AMENDMENTS
Section 1. These Bylaws and Rules of Procedure may be amended in the same
manner as originally adopted.
2584737.2
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STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Fallon Sports Park Phase 3 Concept Design Options
Prepared by: Rosemary Alex Parks and Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will receive a presentation on three conceptual plan options for Fallon
Sports Park Phase 3 and will provide direction on the preferred concept for site
development.
STAFF RECOMMENDATION:
Receive the presentation and provide direction on the preferred concept plan for Fallon
Sports Park Phase 3.
FINANCIAL IMPACT:
As approved in the 2018-2023 Capital Improvement Program, the total budget for Fallon
Sports Park – Phase 3 is $10,360,000, funded by Public Facilities Fees. Currently, the
CIP includes approximately $7.1 million for construction and the remainder in soft costs.
For the upcoming CIP update, Staff plans to reallocate approximately $1 million in soft
costs to the construction budget, bringing the available construction budget to
approximately $8.1 million. The numbers presented below reflect construction costs
only. If the City Council selects Concept A, B, or C (with alternates) for full buildout,
additional funding will be necessa ry to complete the project. Staff will need to identify
the funding sources, which will include the General Fund and/or Public Facility Fees.
The latter will result in a decrease of other future park project budgets.
DESCRIPTION:
The adopted 2018-2023 Capital Improvement Program (CIP) includes Fallon Sports
Park – Phase 3, (CIP No. PK0119). The project provides for the design and
construction of the final 14 acres of the 60-acre Fallon Sports Park. On January 8, 2019
the City Council directed staff to include a cricket field and a five-bay batting cage
facility in the concept design of Fallon Sports Park Phase 3. The cricket field and
batting cages will be developed instead of two softball fields that were part of the
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original Fallon Sports Park Master Plan. The City Council also directed staff to develop
concept plans that could include sand volleyball and/or BMX.
Based on City Council direction, three concept plans were developed for the park. Each
concept plan includes as a minimum: two little league fields, a full-sized cricket field, a
five-bay batting cage facility, and the associated connecting improvements of a plaza
and play area, to complete development of Fallon Sports Park. The concept plans differ
with respect to the inclusion of sand volleyball, the improvement of BMX, and inclusion
of a restroom building. The planning level construction estimates for the three concept
plans, and the differences in the plans, are as follows:
• Concept A ($10,250,000): Fully-developed BMX facility including track timing,
finish platform, ticket booth and spectator seating; cricket field lighting; batting
cage lighting; new walkway and stairs north of the little league field; a picnic and
play area with trellis; and a restroom building (Attachment 1).
• Concept B ($10,400,000): Four sand volleyball courts; removal of existing BMX
facility; cricket field lighting; batting cage lighting; new walkway and stairs north of
the little league fields; a picnic and play area with trellis; and a restroom building
(Attachment 2).
• Concept C ($7,700,000): Three sand volleyball courts; retain existing BMX as-is;
a play area; and a smaller plaza with no trellis, picnic tables, or restroom.
(Attachment 3).
Unlike Concept A and Concept B, Concept C identified additive alternates which could
be included without significantly changing the layout of the concept plan. The additive
alternates, and their estimated costs, are as follows:
• Cricket Field Lighting: $450,000
• Batting Cage Lighting: $160,000
• New Walkway and Stairs: $800,000
Including these elements in Concept C would bring the estimated construction cost for
Concept C to $9,110,000.
Concepts A and B could be revised to remove these elements from the base design and
instead make them additive alternates to the construction bid. Note that such additive
alternates must still be designed and specified within the construction documents for the
contractor to provide a bid on the alternates. As such, there are costs associated with
including them in the design even if ultimately, they are not included in the construction
contract due to unavailable budget.
During development of the concept plans, Staff evaluated the overall park site and the
current picnic facilities that serve the public. Although the Fallon Sports Park Master
Plan shows a picnic plaza and restroom building as part of Phase 3, Staff believes
these facilities are not needed because of the proximity of existing facilities and
therefore excluded the picnic area and restroom building from Concept C.
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Restrooms and Picnic Areas
The Phase 1 project included restroom/concession buildings and picnic areas at both
the little league fields and the softball fields. As part of the site improvements adjacent
to little league and softball, the Phase 3 project will increase available seating at both
locations. In the little league plaza, the estimated number of existing seating available
is 54, and with Phase 3 construction, it will be expanded to 85. In the softball plaza, the
estimated number of existing seating available is 62, and with Phase 3 construction, it
will be expanded to 93.
In addition to the Phase 1 improvements, the park's Phase 2 area included a central
plaza with full-service group picnic area that has capacity for 120 and includes bar-b-
ques, sinks, and service facilities. The Phase 2 central plaza also has additional picnic
seating to accommodate approximately 64 next to the baseball field and 14 next to the
bocce ball courts. There are also picnic tables serving 30 near the soccer fields. Staff
concluded that the existing picnic areas provide enough capacity at the site along with
the additional seating to be added to both little league and softball to serve the needs of
the public.
Master Plan and Field Lighting
The Fallon Sports Park Master Plan was approved by City Council on June 7, 2005, and
anticipated park development in three phases. Each phase of development was
planned for a certain area of the park and was planned to include certain amenities.
Phase 3 of the Master Plan, referred to as the Upper Terrace, was planned to include
the following activities and amenities:
• Activity Hub – Including picnic plaza, play area, and restrooms
• Two Little League Fields
• Two Softball Fields
• BMX Course
• Neighborhood Connections
Depending upon the concept plan selected by City Council, the Activity Hub, BMX
Course, and Neighborhood Connections may differ from the Master Plan. Also, the Two
Softball Fields will be replaced by a cricket field and multi-sport batting cages.
In addition to identifying the activities and amenities in each phase, the Master Plan also
identified where lighting would be located within the park. On February 18, 2014, City
Council approved an addendum to the Fallon Sports Park Mitigated Negative
Declaration for lighting of the Phase 2 soccer fields. Because the Master Plan and the
Mitigated Negative Declaration did not include field lighting of cricket field area (formerly
planned as two softball fields), an updated environmental document will be required
should City Council approve a concept plan that includes field lighting or that includes
field lighting as an additive alternate.
Phased Construction Option
As was presented to City Council on April 2, 2019, with the 2018 -2023 Five-Year
Capital Improvement Program, the projected Public Facilities Fees balance will be
exhausted by Fallon Sports Park Phase 3 and it is likely that no other Public Facility
Fee-funded projects will occur in the CIP timeframe. The completion of Fallon Sports
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Park could be phased in order to reallocate planned Public Facility Fee expenditures to
other projects.
Instead of a single phase to complete Fallon Sports Park, the remaining 14 acres of the
park could be constructed as two separate phases. Staff looked at one such scenario
with Concept C, in which Phase 3 could be development of the cricket field, batting
cages, sand volleyball courts, and the play area. The future phase (Phase 4) would be
the two little league fields. Based on the estimated construction cost for Concept C,
Phase 3a construction is estimated to cost $5,300,000 in 2020 dollars. Construction of
Phase 3b would be $2,400,000 in 2020 dollars, with escalation estimated to be
approximately 5% per year.
In addition to the escalation of construction costs, splitting the project into two
construction phases would result in increases of project soft costs for project
management, design support, construction management, inspection, and testing. Staff
estimates the increased soft costs to be approximately $600,000, which would escalate
at a similar rate of 5% annually.
All three concept plans are included as attachments to the Staff Report. Staff
recommends that City Council select Concept C (Attachment 3) as the preferred Phase
3 design and Staff request that City Council provide direction regarding the following
base bid or additive alternate items in Phase 3: cricket field lighting, batting cage
lighting, and walkway and stairs. Additionally, Staff requests City Council direction
regarding construction of the project as one phase or splitting construction into two
phases.
If City Council approves the preferred concept plan, Staff anticipates the project would
begin construction in Summer 2020.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Concept A - Fallon Sports Park Phase 3
2. Concept B - Fallon Sports Park Phase 3
3. Concept C - Fallon Sports Park Phase 3
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Fallon Park - Phase 3 | Concept ADublin, California4/24/2019BMXFIELD LIGHTING (TYP)CRICKET FIELDLITTLELEAGUELITTLELEAGUECONCRETE TERRACE SEATINGPLANTING AREASLAWNRESTROOMSLAWNPLAY AREABATTING CAGES WITH TURFACCESSIBLE PARKINGBMX START/FINISH PLATFORM WITH TIMING, BOOTH, & SEATINGNEW WALKS & STAIRSNEW WALKS(E) RETAINING WALLTOTAL CONSTRUCTION COST: $10,250,000PLAZA AREA WITH TRELLIS FEATURES, PICNIC TABLES AND BENCHES. SEATING FOR 148ATTACHMENT 18.1.aPacket Pg. 251Attachment: 1. Concept A - Fallon Sports Park Phase 3 (Fallon Sports Park Phase 3)
Fallon Park - Phase 3 | Concept BDublin, California4/24/2019TOTAL CONSTRUCTION COST: $10,400,000TRELLIS/PICNIC AREA SEATING FOR 24CRICKET FIELDNATIVE GRASS HYDROSEEDLITTLELEAGUELITTLELEAGUECONCRETE TERRACE SEATINGPLANTING AREASRESTROOMSPLAY AREAACCESSIBLE PARKINGSAND VOLLEYBALL COURTSNEW WALKS & STAIRSNEW WALKSLAWNBATTING CAGES WITH TURFFIELD LIGHTING (TYP)(E) RETAINING WALLPLAZA AREA WITH TRELLIS FEATURES, PICNIC TABLES AND BENCHES. SEATING FOR 148ATTACHMENT 28.1.bPacket Pg. 252Attachment: 2. Concept B - Fallon Sports Park Phase 3 (Fallon Sports Park Phase 3)
Fallon Park - Phase 3 | Concept CDublin, California4/24/2019TOTAL CONSTRUCTION COST: $7,700,000LITTLELEAGUELITTLELEAGUEPLANTING AREASPLAY AREAWITH ADJACENT SEATINGNEW WALKS & STAIRS(ALT)NEW WALKSBATTING CAGES WITH TURFLAWNSAND VOLLEYBALL COURTSFIELD LIGHTING (TYP)(E) RETAINING WALLCRICKET FIELDBMX TO REMAINALTERNATE - CRICKET SPORTS LIGHTING: $450,000ALTERNATE - BATTING CAGES LIGHTING: $160,000ALTERNATE - NEW WALK AND STAIRS: $800,000CONCRETE TERRACE SEATINGATTACHMENT 38.1.cPacket Pg. 253Attachment: 3. Concept C - Fallon Sports Park Phase 3 (Fallon Sports Park Phase 3)
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: May 7, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Consideration of General Plan Amendment Study Policy
Prepared by: Christopher L. Foss, City Manager
EXECUTIVE SUMMARY:
The City Council will review the City’s existing General Plan Amendment Study Policy
which provides direction on the process for proposed General Plan Amendment study
requests.
STAFF RECOMMENDATION:
Receive the report and provide direction.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On June 18, 2013, the Dublin City Council unanimously approved a General Plan
Amendment (GPA) Study policy (Attachment 1) which outlined the process the City
would follow upon receipt of a request to initiate a GPA study. The Policy outlines,
among other things, actions required by the applicant and Staff, and includes a
requirement that the Dublin Unified School District (DUSD) is notified of any application.
Since the adoption of the Policy in 2013, the Dublin City Council has considered a total
of 20 requests (Attachment 2). Of those requests, the City Council initiated 14 studies,
declined to initiate three studies, the applicant withdrew two requests and one was
continued by the City Council. Of those 14 studies initiated, the City Council ultimately
approved 7 projects, denied 5 projects, and 2 projects remain in process.
Table 1:
Total Requests 20
Studies Initiated 14
- Approved 7
- Denied 5
8.2
Packet Pg. 254
Page 2 of 2
- In Process 2
Declined to Initiate 3
Withdrawn Requests 2
Continued by the CC 1
At the January 8, 2019 City Council meeting, Staff was directed to place the GPA policy
on the agenda for discussion by the City Council.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not applicable.
ATTACHMENTS:
1. General Plan Amendment Policy
2. General Plan Amendment Study Requests 2013-2019
8.2
Packet Pg. 255
or
19 82
ii 111
U_,% 114
TO
STAFF REPORT
CITY COUNCIL
June 18, 2013
Honorable Mayor and City Councilmembers
CITY CLERK
File #420 -20
FROM: Joni Pattillo City Manager""' "
SUBJECT: General Plan Amendment Policy and Status Report
Prepared by Jeff Baker, Assistant Community Development Director
EXECUTIVE SUMMARY:
The City Council will consider amending the existing General Plan Amendment Study Policy
which provides direction on the processing of General Plan Amendment Studies. The City
Council will also receive a report on the status of all current General Plan Amendments Studies
in progress.
FINANCIAL IMPACT:
None. The cost to process a General Plan Amendment Study is borne by the project applicant.
RECOMMENDATION:
Staff recommends that the City Council receive the General Plan Amendment Studies Status
Report and adopt a Resolution approving a revised General Plan Amendment Study Policy.
Submitted By
Director of Community Development
DESCRIPTION:
Reviewed By
Assistant City Manager
The City Council adopted a General Plan Amendment Study Policy on October 7, 1997
Attachment 1). This policy identifies milestones that applicants are required to accomplish
within the first 6 months following City Council initiation of a General Plan Amendment Study.
The intent was to ensure that project applicants demonstrate, by their actions, that they are
actively pursuing the requested entitlements.
Staff recently became aware of this policy which predates the existing development services
Staff. The Policy does not appear to be consistent with the current practices for General Plan
Amendment Studies. Therefore, Staff is recommending that the City Council adopt a revised
General Plan Amendment Study Policy (Attachment 2).
Page 1 of 3 ITEM NO. 8.2
8.2.a
Packet Pg. 256 Attachment: 1. General Plan Amendment Policy (General Plan Amendment Study Policy)
ANALYSIS:
Proposed Policy
Applicants periodically request that the City Council initiate General Plan Amendment Studies.
However, these studies are not always diligently pursued by the Applicant once initiated. This
can lead to uncertainty about the status of an existing Study and difficulty in appropriately
allocating staffing resources.
Staff proposes to revise the General Plan Amendment Study Policy to more closely align with
current practices, the needs of the development community, and the City (Attachment 2). The
proposed Policy outlines actions that are required by the applicant and Staff following the
initiation of a General Plan Amendment Study by the City Council. The proposed Policy also
provides for the expiration of Studies where progress has not been achieved by the applicant.
The proposed Policy has also been revised to address recent concerns raised about the
impacts to the Dublin Unified School District (DUSD) resulting from residential land use
amendments. The proposed policy requires Staff to notify the DUSD of each residential GPA
Study initiated by the City Council and report back to the City Council if the District raises
concerns about the proposed GPA. The DUSD will be provided 60 days in which to respond
once it is notified. Staff will also continue the current practice of notifying the District when the
City Council first holds a meeting to consider initiating a GPA Study.
The following identifies the proposed key milestones and actions by the applicant and Staff:
Applicant
Commence Planning and Environmental Studies within 6 months of initiation.
Submit completed GPA application and Environmental Checklist within 12 months of
initiation.
Staff
Notify the Dublin Unified School District regarding each General Plan Amendment Study
to change a residential land use designation and provide a report back to the City Council
if the DUSD is not able to support the proposed Amendment.
Provide the City Council with a report on the progress of all GPA Studies with the annual
General Plan Progress Report in March of each year.
The Policy provides realistic and measurable actions to confirm that applicants are making
progress. This will enable the City to allocate resources as appropriate to process these
requests in a timely manner while continuing to meet the operating needs of the City. This will
also provide a mechanism to update the City Council on the studies.
GPA Study Status Report
Please refer to Attachment 3 for the status of all current General Plan Amendment Studies that
have been initiated by the City Council.
Page 2 of 3
8.2.a
Packet Pg. 257 Attachment: 1. General Plan Amendment Policy (General Plan Amendment Study Policy)
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The adoption of a revised General Plan Amendment Study Policy is consistent with the General
Plan, applicable Specific Plans and the Zoning Ordinance in that the Policy is intended to
establish General Plan Amendment Study procedures. The proposed Policy does not change
any land use designations or zoning designations.
ENVIRONMENTAL REVIEW:
This project is exempt from the California Environmental Quality Act (CEQA) per CEQA
Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those
projects that have the potential to cause a significant effect on the environment. The adoption of
a General Plan Amendment Study Policy is an activity that is exempt from CEQA because it
does not allow the construction of any building or structure, but sets forth procedures that shall
be followed if an applicant requests to initiate a General Plan Amendment Study. This policy,
therefore, has no potential for resulting in significant physical change in the environment, directly
or ultimately.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Public noticing is not required for the City Council to adopt a policy for processing General Plan
Amendment Studies. Although not required, the City mailed notices to the development
community, and to all property owners /applicants that are currently processing General Plan
Amendments. A notice was also published in the Valley Times and posted in the designated
posting places throughout the City. A copy of this Staff Report was made available on the City's
website.
ATTACHMENTS: 1. City Council Resolution 119 -97 adopting a General Plan Amendment
Study Policy, with the Policy attached as Exhibit A
2. Proposed General Plan Amendment Study Policy Dated June 18,
2013
3. General Plan Amendment Study Status Report
Page 3 of 3
8.2.a
Packet Pg. 258 Attachment: 1. General Plan Amendment Policy (General Plan Amendment Study Policy)
RESOLUTION NO. 119 - 97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
ADOPTING A GENERAL PLAN AMENDMENT POLICY
WHEREAS, the City Council has determined that it is important to establish criteria to judge the
progress of a General Plan Amendment once the City Council has initiated such a study; and
WHEREAS, it is in the interest of the City of Dublin to have applicants demonstrate by their
actions that the proposed amendment is proceeding towards completing formal applications; and
WHEREAS, a reasonable time should be afforded applicants to start necessary planning and
environmental studies leading up to the filing of a formal application.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the attached
General Plan Amendment Policy (Exhibit A), and Staff is authorized to utilize said policy in dealing with
all requests for General Plan Amendment in the future.
BE IT FURTHER RESOLVED that the General Plan Amendment applicants shall pay for all
processing costs involved with the General Plan Amendment policy.
PASSED, APPROVED, AND ADOPTED this 7th day of October, 1997.
AYES: Councilmembers Barnes, Howard, Lockhart and Mayor Houston
NOES: Councilmember Burton
ABSENT: None
ABSTAIN: None A'J 4-vk
MAYOR
ATTEST:
CIT C i RK
K21G /10- 7- 971reso gpa.doc
8.2.a
Packet Pg. 259 Attachment: 1. General Plan Amendment Policy (General Plan Amendment Study Policy)
G`Y of D QfI CITY OF DUBLIN
i Ixl'
is;— '" —t'ezl GENERAL PLAN AMENDMENT
GPA)
CgLIFOR
POLICY
PURPOSE- From time to time, various applicants file requests for consideration of a General
Plan Amendment for properties in the City and adopted sphere of influence. This
policy identifies what is required of the applicant after a GPA study has been
authorized and related timetables.
REQUIRED ACTIONS BY GPA APPLICANT WITHIN 6 MONTHS OF
AUTHORIZATION
1. Start Planniniz and Environmental Studies
a) Determine what kind of project should be considered
b) Begin environmental reconnaissance analysis of site
C) Start land use feasibility of proposed uses and the
benefits of the project to the City
d) Contact staff about the applicant's planning team
e) Begin discussing alternatives with staff
f) Give staff a written monthly report on progress related to activity
2. File a completed General Plan Amendment application and Environmental Checklist
a) Prepare and submit application for a General Plan Change
b) Complete environmental checklist regarding the proposed change
C) Pay appropriate fees for staff review
At the end of six months, staff will return to the City Council to report on progress. Staff will
identify whether monthly written reports and/or GP applications have been filed in the past six
months in accordance with 1 and 2 above.
CITY COUNCIL ACTION AT 6 MONTHS REVIEW
The City Council, by minute order, will direct staff to continue to process the affected GPA or
will rescind its previous action authorizing the GPA based on compliance with the steps
identified above.
dated: October 7, 1997
vg:corresp /ep /projspec /gpapoiic EXHIBIT A
8.2.a
Packet Pg. 260 Attachment: 1. General Plan Amendment Policy (General Plan Amendment Study Policy)
ribim
General Plan Amendment Study Policy
June 18, 2013
Purpose: Applicants periodically request the initiation of a General Plan Amendment (GPA) Study to
consider amending the City's adopted General Plan. This policy identifies the steps necessary to initiate
a GPA Study and identifies what is required of the project proponent and Staff, and the related time
table after the City Council has authorized the initiation of a GPA Study.
Actions to Initiate a General Plan Amendment Study
1. The project proponent submits a letter and applicable exhibits requesting that the City Council
initiate a General Plan Amendment Study.
2. Staff prepares a brief Staff Report to the City Council requesting consideration to authorize the
initiation of a General Plan Amendment Study.
3. The City Council, by majority vote, determines whether or not to authorize the initiation of a General
Plan Amendment Study.
Actions by the project proponent within 12 months of initiation
1. Commence Planning and Environmental Studies within 6 months of initiation.
a. Refine the project type and scope;
b. Begin environmental reconnaissance analysis of the site;
c. Start land use feasibility of the proposed use and the benefits of the project to the City; and
d. Begin discussing project alternatives with Staff.
2. Submit a GPA application and Environmental Checklist within 12 months of initiation.
Actions by Staff following initiation
1. Notify the Dublin Unified School District (DUSD) regarding each General Plan Amendment Study to
change a residential land use designation and provide a report back to the City Council if the DUSD is
not able to support the proposed Amendment. Within 6o days of the notification to DUSD, the
DUSD shall provide a preliminary response.
2. Authorization of a GPA Study will expire if the activities by the applicant, as described above, have
not occurred within 12 months of initiation. Staff will notify the City Council when such expirations
have occurred.
3. Applications where no substantive activity has occurred in the prior 12 months may be deemed by
Staff to be inactive and withdrawn. Staff will notify the City Council when such actions have been
taken.
4. Staff will provide the City Council with a report on the progress of all current GPA Studies with the
annual General Plan Progress Report in March of each year.
8.2.a
Packet Pg. 261 Attachment: 1. General Plan Amendment Policy (General Plan Amendment Study Policy)
Active General Plan Amendment Study - Status Report
Updated through May 30, 2013
Council Estimated
Project Dame Project 'De cri tion Status Initiation Council
Date Hearing Date
Bikeways Master Plan GPA to ensure consistency between the Draft Bikeways Master Plan under review for necessary N/A Summer 2013
General Plan and the Bikeways Master changes to the General Plan.
Plan update.
Camp Parks /Dublin GPA, Specific Plan, Tentative Maps, Draft Specific Plan and Draft EIR nearing completion. 4/15/03 Nov -13
Crossings Development Agreement, EIR, and Anticipate releasing the Draft EIR for public comment on
related entitlements for development of 6/21. Working on street alignment and need phasing
a 187 acre project site with up to 1,996 plan from applicant. Applicant finalzing deal points
residential units, 225,000 SF of proposal for CC consideration.
commercial, and related parks, school
site, and infrastructure.
Dublin Preserve (Doolan Request to amend the City of Dublin Currently working with Livermore and EPS on a 12/7/10 TBD
Canyon) Sphere of Influence and General Plan to development feasibility study.
include the Doolan Canyon Area.
Energy Conservation Create an Energy Conservation City Council prioritized this project for FY 2014. 6/21/11 Spring 2014
Element Element. Preparing to initiation project.
Frederich /Vargas GPA, SPA, PD Rezone, Site Applicant finalizing the project description to enable Staff 8/21/12 Fall 2013/
Development Review, and Vesting to begin the CEQA analysis (likely an Addendum). Staff Winter 2014
Tentative Map to change the land use is working with the applicant on the right -of -way
on the Fredrich property from acquisition for the Moller Creek overcrossing. Applicant
neighborhood Commercial and Medium- still needs to provide development proposal for review.
High Density residential to Medium
Density Residential and develop the two
properties as one project.
Green @ Park Place GPA, SPA, PD Rezone, Site Applicant finalizing the project description (i.e. unit count 2/5/13 Spring 2014
Development Review, Map, and commercial s.f.) in order to start the CEQA analysis
Development Agreement. and prepare the Supplemental EIR. KMA ready to
proceed with fiscal analysis once project description is
completed.
Heritage Park GPA, SPA, Rezone, Site Development Applicant preparing the project description in order to 11/20/12 Winter 2014
Review, and Tentative Map for 55 -60 start the CEQA Analysis and EIR. Staff is working with
single - family residential units and a the applicant on geological issues related to the
157000 SF office bldg. earthquake fault line running through the property. Staff
has received initial elevations for review. Applicant will
submit revised subdivision map once geological issue
resolved.
Site 16A - Regency Centers GPA, SPA, PD Rezone, Site Finalizing the Supplemental EIR and anticipate releasing 11/20/12 Winter 2014
Development Review, Tentative Map, draft for public review in late July. Applicant to submit
and Supplemental EIR for a retail project plans for review.
commercial center with up to 167,200
square feet of gross floor area on 14.3
acres.
8.2.a
Packet Pg. 262 Attachment: 1. General Plan Amendment Policy (General Plan Amendment Study Policy)
Schaefer Ranch Unit 3 GPA, PD Rezone, and Vesting Applicant has completed the project description. 2/7/12 Fall 2013
Tentative Map to change land use from Preparation of CEQA Addendum underway. Proposed
Open Space and Estate Residential to subdivision map under review. Applicant preparing
Single Family Residential. proposed development standards of PD and architecture
for SDR.
UP ROW GPA to assign a Parks /Public Currently under review and working with P &CS. 3/19/13 Sep -13
Recreation land use designation for use Preparing a Mitigated Negative Declaration for the
as a City park. project.
Water Conservation Create a Water Conservation Element Draft Element is complete. Planning Commission 6/21/11 6/18/2013
Element recommended approval on 5/28/13. Scheduled for City
Council consideration on June 18.
8.2.a
Packet Pg. 263 Attachment: 1. General Plan Amendment Policy (General Plan Amendment Study Policy)
RESOLUTION NO. XX - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APROVING A REVISED GENERAL PLAN AMENDMENT STUDY POLICY
WHEREAS, the City Council has determined that it is important to establish
criteria by which to judge the progress of a General Plan Amendment Study once
initiated by the City Council; and
WHEREAS, it is in the interest of the City of Dublin to have applicants
demonstrate by their actions that they are proceeding towards completing formal
applications; and
WHEREAS, a reasonable time should be afforded applicants to start necessary
planning and environmental studies leading up to the filing of a formal application; and
WHEREAS, the Dublin Unified School District should be notified of proposed
General Plan Amendments and have adequate time to provide feedback regarding
potential negative impacts to the District; and
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does
hereby adopted the General Plan Amendment Study Policy attached as Exhibit A and
Staff is authorized to utilize said policy to process all future General Plan Amendment
requests.
BE IT FURTHER RESOLVED that the applicant for a General Plan Amendment
shall pay for all costs associated with preparing the General Plan Amendment Study
and processing the General Plan Amendment application.
PASSED, APPROVED AND ADOPTED this 18th day of June 2013 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
1 of 2
8.2.a
Packet Pg. 264 Attachment: 1. General Plan Amendment Policy (General Plan Amendment Study Policy)
Mayor
ATTEST:
City Clerk
G:lAgendas120131GPA PolicylAtt 2 CC Reso GPA Policy 6.18.13.doc
2 of 2
8.2.a
Packet Pg. 265 Attachment: 1. General Plan Amendment Policy (General Plan Amendment Study Policy)
General Plan Amendment Study Requests
City
Council
Agenda
Date Description
Study
Initiated
GPA
Approved Notes
2/5/2013 The Green at Park Place Yes No
3/5/2013
Dublin Land Company Parcels 2-4 (SummerHill
Homes) Continued n/a Directed staff to bring back more info
5/21/2013 Dublin Land Company 2-4 (SummerHill Homes) No n/a Addressed directon from 3/2/13
6/18/2013 Transit Center Site A-1 (Tribeca) Yes Yes
6/18/2013 The Groves Lot 3 and Sub Area 3 Yes Yes
Sub Area 3 Study scope was revised on 7/16/13 per
Council direction
10/15/2013 The Promenade Yes No City Council concluded the Study at check-in
12/3/2013
Dublin Land Company Parcels 3 & 4
(SummerHill Homes) Yes No Application withdrawn
5/20/2014
Dublin Land Company Parcel 2 (SummerHill
Homes) Yes No Application withdrawn
8/19/2014 Positano Public/Semi-Public (Braddock & Logan) n/a n/a Withdrawn from agenda and not considered
10/7/2014 Kaiser Medican Center Campus Yes Yes
2/17/2015 Jordan Ranch School Site Yes Yes
3/17/2015 Dublin Crossing (Boulevard) Yes Yes
4/7/2015
Sub Area 3 Parkland and Jordan Ranch Reduced
Density Yes Yes
5/19/2015
Dublin Land Company Parcels 2, 3 and 4
(Trumark) Yes No Application withdrawn
8.2.b
Packet Pg. 266 Attachment: 2. General Plan Amendment Study Requests 2013-2019 (General Plan Amendment Study
8/18/2015 Wallis Ranch Additional Parkland Yes Yes
8/16/2016 Grafton Street (aka The Promenade) No n/a
10/3/2017 At Dublin Yes In progress
12/5/2017 Fallon 55 n/a n/a Withdrawn from agenda and not considered
2/5/2019 Kent Property Yes In progress
2/19/2019 Lyon AQ No n/a
8.2.b
Packet Pg. 267 Attachment: 2. General Plan Amendment Study Requests 2013-2019 (General Plan Amendment Study